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Bonner County commissioners deadlock after clash over sheriff�s resignation and legal interpretation

January 01, 2025 | Bonner County, Idaho


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Bonner County commissioners deadlock after clash over sheriff�s resignation and legal interpretation
Commissioners of the Bonner County Board of Commissioners debated for more than two hours over whether to formally accept the resignation submitted by Sheriff Daryl Wheeler and whether doing so could alter the resignations effective date and trigger retirement benefits.

The dispute centered on the meaning of Idaho Code 59-902. Commissioner Korn, citing statute language and case examples from other counties, moved that the board "accept the resignation of sheriff Daryl Wheeler per Idaho code 59-902 effective 12/31/24." Scott Herndon, chair of the Bonner County Republican Central Committee, urged the board to act promptly so the central committee could meet and submit nominees under Idaho Code 59-906; Herndon argued that acceptance establishes a clear start to the statutory timeline for filling the vacancy.

Opponents urged caution. Commissioner Bradshaw and other speakers said a county prosecutors written opinion (provided to the board) interprets "accept" as meaning the boards action is merely receipt, and that a resignation can be effective when sent. Bradshaw said, "He resigned. Done." Several commissioners and members of the public voiced concern about county liability if the board attempted to change the resignations effective date or to require the sheriff to continue in office.

Public commenters included central committee members and residents who pressed both legal and ethical points. Some witnesses said past Bonner County practice supports treating receipt as acceptance; others argued that the statute creates a two-step process with a separate board action. Speakers repeatedly asked for a formal written legal review that addressed documents the central committee had recently supplied to the chair.

After public comment and deliberation, the board held a roll-call vote on the motion to accept the resignation effective Dec. 31, 2024. The recorded votes were: Mister Williams abstain; Mister Quarren yes; Mister Bradshaw abstain. The motion failed.

The board did not adopt a substitute position at the meeting and several commissioners said they will seek further written legal guidance before taking another vote. The central committee said it would proceed with its timeline for nominations in case the board later accepts a resignation effective date that triggers the statutory vacancy process.

The debate highlighted three practical points for Bonner County: (1) competing legal interpretations of the word "accept" in Idaho Code 59-902, (2) the central committees statutory role under Idaho Code 59-906 for naming potential successors, and (3) the countys concern about litigation risk and budget exposure if a resignation date change requires retroactive pay or affects retirement benefits.

No appointment to fill the sheriffs office was made at the meeting; the board closed the item after the failed motion and moved on to other agenda business.

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