Sheriff’s temporary resignation questioned

By Soncirey Mitchell
Reader Staff

The Bonner County board of commissioners dedicated much of the Dec. 31 business meeting to discussing Sheriff Daryl Wheeler’s temporary resignation and whether the board is required to affirm it in a public meeting. Commissioners Asia Williams and Steve Bradshaw argued that the board’s responsibility ends with receiving a notice of resignation, whereas Commissioner Ron Korn maintained that the BOCC needed to vote and inaction could lead to litigation.

Wheeler announced his temporary resignation Dec. 13, apparently beginning the 30-day separation period needed for him to collect both his retirement benefits through the Public Employee Retirement System of Idaho and his salary when he returns to office for a fifth term on Jan. 13, 2025. As of Dec. 13, Wheeler earned $4,338.40 per 80-hour pay period.

Williams began the Dec. 31 meeting by asking Korn to consider removing his action item regarding the resignation pending a new legal opinion, which takes up to 14 days to generate. Deputy Prosecutor Bill Wilson previously advised the board that no action was required from the BOCC for Wheeler’s resignation to take effect; however, prior to the meeting, Bonner County Republican Central Committee Chair Scott Herndon presented an alternative interpretation of Idaho Code 59-902, arguing that the BOCC needed to vote to accept the resignation.

Scott Herndon (right) testifies at the Dec. 31 BOCC meeting. Courtesy screenshot.

I.C. 59-902 outlines how resignations occur in county government and stipulates, “Such resignation shall not take effect until accepted by the board or officer to whom the same is made.”

Korn and Herndon argued that the word “accept” entailed an actual vote, whereas Williams and Bradshaw stated that “accept” means to “receive.” According to Herndon, Prosecutor Louis Marshall told him that “there is a strong possibility that my interpretation of the statute is the correct interpretation,” though neither Marshall nor Wilson commented at the meeting.

Korn refused to remove the action item from the agenda, and Wiliams and Korn voted down Bradshaw’s motion to strike the item.

“The purpose of the agenda item is to follow state statute and limit the county’s liability,” said Korn, later arguing that if the board did not take official action, Wheeler could sue.

“Bonner County commissioners do not have the authority to accept or deny a resignation. All we do is receive it and say, ‘Thank you,’ and that is it,” said Bradshaw, adding that to do otherwise would be “foolish” and result in litigation.

Bradshaw went on to read Wilson’s Dec. 27 legal opinion, which stated that “to accept” means “to receive” because “the alternative leads to an absurd result” and implies that the board can “demand that Daryl continue to work.”

“Since the board obviously lacks that authority, that cannot be the right way to interpret the statute. Therefore, the only reasonable way to read it is that the resignation is effective when accepted (received) by the board, and that occurred when Daryl sent it,” Bradshaw read from the opinion.

Korn countered by citing several similar cases from Ada and Kootenai counties, where boards took official action to acknowledge resignations, which he believed established precedence.

“We’re doing what we’ve done in the past,” he said, though when asked by Wiliams, Korn could not name an instance when the BOCC had voted to accept a resignation in Bonner County.

Korn also read the definition of “accept” from several legal resources, including the Wex legal dictionary, which states, “To accept means to receive something with approval.”

“I think this is like a fifth-grade word,” said Korn. “Everybody understands what the word ‘accept’ is. ‘Receive’ does not mean ‘accept’ and vice versa.”

Both Korn and Herndon later called into question the definition of “receive,” with Korn stating that his “inbox received” the resignation Dec. 13, but he didn’t until he opened his email the following Monday.

“I did not receive that email until at least Monday because I do not look at my emails over the weekend,” said Korn.

“If you think that the date and time on the email is not admissible in a court of law, you’re sadly mistaken,” Bradshaw said. “That would be the time that you officially received it. Now, when you look at it is up to you.”

Williams later explained that in some instances — such as tort filings — statute takes effect as soon as the county receives the notification. Korn disagreed, asserting that everything needs to be done in a public meeting and that defining “accept” as “receive” would set a dangerous precedent for future BOCC decisions.

“So, from this point on, is it correct to say that this board, when it receives contracts and everything, that we’re just going to abide by those contracts when we receive them, as opposed to when we actually accept them?” asked Korn.

“It’s not even remotely similar. That’s contract law,” said Williams.

After Williams and Bradshaw reiterated the potential negative consequences of a motion to accept Wheeler’s resignation, both commissioners abstained from the final vote. The motion failed with only Korn in support.