Sheriff Mike Vance has informed the Seward County Board of Commissioners that he will retire effective Nov. 5.
Vance was to leave office in early January when his term expires because he did not seek re-election. Two candidates, Tim Huntington and write-in Troy Schaefer, were seeking election as the county’s next sheriff in the Nov. 3 election with the job starting Jan. 6.
The timing of Vance’s departure on Nov. 5 came as a surprise to commissioners who are now determining how they are to appoint someone for the two months between elections and the new term of office.
Board Chair Misty Ahmic said after the commissioners’ Oct. 27 meeting that she had received the sheriff’s letter giving notice of his retirement the day before the commissioners’ meeting, but thought others may have received it prior to that date.
Neither the letter nor specific content from it were shared during or after the meeting.
Reached by the Seward County Independent on Oct. 29, Vance said he chose to submit his retirement notice now for family reasons.
“We just decided it was the best time for me to retire now,” he said.
Though the topic was not on the public agenda for the Seward County Commissioners on Oct. 27, Commissioner Raegan Hain asked that it be placed on the agenda as an emergency item, citing the short timeline before the retirement date.
There was some discussion among board members about whether the letter should be discussed as an emergency addition to the agenda, but Ahmic said any member of the board could add an emergency item and allowed the discussion to continue.
She did, however, say she would limit her own comments at this time because she did not believe discussion necessary at this meeting.
Options considered
Commissioners sought clarification between the point at which Vance would be considered retired and when an interim or acting sheriff must be appointed.
“Once that position is vacated by the sheriff, we do not have an acting sheriff,” Hain said.
Commissioners also discussed Vance’s recommendation in the letter to appoint a senior officer in his department as acting sheriff between Nov. 5 and Jan. 6.
While the commissioners did not reveal who that recommended interim was, Vance told the Independent he thought Capt. Lisa Borgess should be named interim sheriff, noting she is the senior of his two captains and has coordinated administrative aspects of the department.
Schaefer is the other captain on Vance’s staff and oversees the road patrol.
“I did not think it would be fair to recommend Capt. Schaefer because he is up for election,” Vance told the Independent.
He said state statute gives him the authority to name his senior deputy.
However, Deputy County Attorney Barb Armstead said state law requires commissioners to appoint the interim unless the sheriff has a designated chief deputy sheriff, which he does not.
Questions also arose about whether commissioners could designate that person prior to the actual time Vance’s retirement begins or if the position had to be vacant before an interim sheriff could be named.
Short time to act
The situation is different than when the board appointed Jonathan Curtis, who is also a candidate on the Nov. 3 ballot, to complete the late Ken Schmieding’s term as commissioner. State statute gives the board 45 days to appoint a new county board member and the board had to seek applicants for the position.
Armstead, who advises the board, said commissioners have a shorter window in which to act in this case.
“We do not have 45 days. The day he (Vance) retires, you will not have a sheriff,” she said.
She noted that the board needs to know if the candidates for sheriff would be available for appointment starting in November.
“If they cannot start at that point, you could appoint somebody else for those two months,” she said.
Armstead also said the sheriff’s role requires a contract between the county and the sheriff.
She also said she would not recommend the sheriff appointing a chief deputy sheriff at this point to take the interim role.
Nov. 4 meeting set
The commissioners scheduled a special meeting for 11:30 a.m. Nov. 4 to consider acceptance of the retirement letter and possible appointment of an interim sheriff before a newly elected sheriff takes office Jan. 6.
Four of the five commissioners are expected to attend. Ahmic is not available.
Hain pushed to schedule a special meeting to discuss the obligations and options.
“There is just a lot of things that need to be discussed and determined,” she said.
The meeting was scheduled outside the commissioners’ normal meeting on Nov. 3 to minimize commission business on Election Day, when County Clerk Brandy Johnson, who serves as the board’s secretary, is busy with voting. Traditionally the commissioners limit their Election Day agenda to claims.
The extra day will also allow them to see the preliminary results of the sheriff’s election for consideration when an interim appointment is considered.
Johnson said the votes are not final until they are canvassed seven days after the election. But because of the Nov. 11 Veterans Day holiday, that will take place on Nov. 12 this year.
Commissioner Darrell Zabrocki was to reach out to Vance after the meeting, which Vance confirmed. Vance said he planned to attend the commissioners’ Nov. 4 meeting.
Zabrocki was also going to contact both candidates to clarify information and ask the candidates if they would, based on election results, be available to take office for that interim period.
“There has to be a clear winner,” Zabrocki said of the option.
If the race is contested for any reason, the county would need a different path.
