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Show Gilmore's Resignation Settled; Vic Middleton Sworn in Office Vic Middleton was sworn in as Garfield County's newest sheriff at 2 : 30 p.m. Monday aftenroon. County Clerk Edra Miller administered the oath of office to Middleton as County Commissioners looked on. The three commissioners had spent the better part of the morning in a grueling and exhausting executive session reviewing alternatives open to them to handling former Sheriff Howard Gilmore's lack of certification 'to act officially in his office as the county's elected sheriff. Commissioners awarded Gilmore $7,350 (six months salary) in return for his written resignation and mutual agreements on the county's and Gilmore's part to seek no legal action. Gilmore had earlier indicated a verbal resignation to become effective Dec. 1. It was learned that he later conferred with the county attorney and listed several stipulations in connection with the resignation. Monday, in the meeting with the commission, Gilmore made his written resignation, contingent on the satisfaction of additional conditions, among them the agreement to the $7,350 payment. Gilmore had been sworn into office in late September after the Utah Supreme Court declared him victor in last year's contested election. Almost immediately after taking office Gilmore learned that Peace Officers Standards and Training (POST) had ptortantiflly denied him certification as a Utah Peace officer, rendering him powerless to act in an official capacity with powers of arrest. Gilmore tendered his verbal resignation to county commissioners to take effect December 1. Comissioners, upon the recommendation of a specially appointed committee, selected Vic Middleton to replace him. Monday morning's meeting on the last day of November turned out to be a bargain session with commissioners trying to make the best decision for the court. Gilmore, according to Garfield County Attorney Pat Nolan, threatened the county with potentially lengthy and expensive litigation. ImmedtatelvJflllowing Gilmore's .'taking" Vftjce! "as. "sheriff- .aad-upon iearning of his permanent loss of certification, Nolan had contacted the ilii, IK i,i l'i'liii..,:,.Jff'i'.'.--iga jut.,-, . -niMrui ii i i ii Vic Middleton was sworn In as Garfield County Sheriff Monday afternoon at the courthouse in Panguitch. Coun ty clerk Edra Miller administers oath to Middleton. Middleton replaces Howard Gilmore. Utah State Attorney General's office for an opinion on whether "a person (can) lawfully hold the office of County Sheriff without being certified Category I peace officer as required by law." After several week's research and investigation, the attonrey general's office advised the commissioners through Nolan as to the content of its forthcoming formal opinion. That opinion, which was officially released Tuesday, concluded that "a person who is not cerified as a category I peace officer within 18 months of his original appointment in law enforcement in Utah and who has in any way permanently lost his her peace """oTfjeers powers may not exericse the duties of the office of county sheriff. Because of the unique nature of the office of county sheriff, such a person is not qualified to hold the office of county sheriff in Utah." Nolan noted that the attorney (Continued on Page 2) New Sheriff Takes Over Continued from Page 1) general's opinion is the first formal opinion released in 19R1. and may well have considers Die impact throughout the state in various areas where certification of peace officers under certain circusmtances may be questionable. In making Monday's critical decision for the county, commissioners appeared to be faced with basically three alternatives. They could seek to remove Gilmore from office through legal action at the same time risking the almost certain posslblity of multiple countersults. They viewed potential lltgatlon as too time consuming, costly and detrimental to the already beleaguered law enforcement in the county. Possibly at stake were not only costs for legal battles but also 13 months future salary and benefits for Gilmore and perhaps even nine months back salary for the period during which the office was being contested. A second alternative would have been to permit Gilmore to remain in office for the remainder of his elected term. Potential problems associated with this choice could be, according to the attorney general's opinion, that in functioning without peace officer powers Gilmore could "create a source of potential civil liability" for the county. The opinion stated further that "a potential for violations such as unlawful seach and seizure, unlawful detention, illegal arrest, as well as violations of the First, Fifth, and Fourteenth Amendment rights exists where someone is acting under color of law but without lawful authority. Not only the person holding the office of sheriff, but also the county in which he works may be held liable for damages in such a lawsuit." A third alternative, and the one which commissioners selected, as to negotiate a settlement with Gilmore. After offers and counter-offers, the minutes of the session reveal that Commissioner Guy Thompson proposed that the county enter into an agreement with Sheriff Gilmore that "in consideration of his written resignation from the office of county sheriff, effective November 30, 1981, the county agrees to pay Mr. Gilmore $7,350 (the equivalent of six months salary if he remained In that office). Thompson's proposal further stipulated that "the county and Gilmore covenant and agree to mutually release and hold each other harmless from all legal claims against each other." Commissioner Del LeFevre seconded Thompson's motion and it carried unanimously. Commissioners emerged from the session obviously strained from the tension of the proceedings. Gilmore smiled and visited with courthouse employees, leaving just before the new sheriff was sworn in. Sheriff Middleton expressed his eagerness to "gain the confidence of county residents and to move forward with law enforcment in Garfield County." |