Sheriff’s announced resignation requires Commission appointment by March 23

County leaders hesitant to pick Primary candidates as replacement

By Dave Marner, Managing Editor
Posted 3/4/20

Sheriff John Romanus will not complete his first term in office, telling Gasconade County Commissioners Thursday in closed session he was resigning as of March 23 to do “some electrical …

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Sheriff’s announced resignation requires Commission appointment by March 23

County leaders hesitant to pick Primary candidates as replacement

Posted

Sheriff John Romanus will not complete his first term in office, telling Gasconade County Commissioners Thursday in closed session he was resigning as of March 23 to do “some electrical work,” according to Presiding Commissioner Larry Miskel.

Miskel said Romanus had requested the opportunity to speak with Commission members in closed session which occurred shortly before noon on Thursday. Romanus had requested the closed session “a week ago” to discuss “personnel and other issues he couldn’t speak about” in a public setting. The session was rescheduled for Feb. 27.

Miskel said no action was taken on the personnel issue Romanus presented but he gave Commission members his letter of resignation in closed session. “He’s doing some electrical work,” said Miskel about what Romanus told them.

Miskel said Romanus made the offer to assist the Commission if asked to help screen potential replacements. The sheriff met afterward with his deputies to inform them, said Miskel.

“He said he’d like to work with us and gave us a recommendation,” said Miskel. “So, we’ll have to appoint a sheriff.”

Asked when, Miskel said, “as soon as possible.”

Miskel said Friday he and his fellow Commission members were developing a timeline for the transition.

“The timeline,” said Miskel, slightly sarcastically, “we got it locked in jello.”

They’ve checked with their attorney who told them state statute (57.080) governed their next course of action.

“It’s by appointment,” said Miskel. “By state statute. That’s the way we read it. We do not fall under the jurisdiction of a special election since it’s within nine months of the (November General) election. The statute says ‘shall be filled by appointment’ of the (county) Commission.”

Miskel spoke candidly, but cautiously, describing how Commissioners will select an acting sheriff through the remainder of 2020. In making an appointment to potentially fill out the remainder of the sheriff’s unexpired term through the end of 2020, Miskel said he does not want to “tip the scale” for any potential candidate seeking either political party’s nomination in the August Primary.

“Our attorney says ‘possibly immediately’ but as of March 23, our coroner becomes sheriff,” said Miskel.

He said on Friday he wanted to avoid the appearance of influencing potential candidates, or the electorate, in appointing someone as sheriff who might be seeking the position through the Primary Election and General Election cycle.

Jerry Lairmore, commissioner for the Southern District, reiterated to those attending the Owensville Board of Aldermen meeting on Monday evening what Miskel said late last week.

“We’re not going to make an appointment until after the 31st (of March) so we don’t influence this election,” Lairmore told city staff, elected officials and the crowd of 12 visitors. “The coroner takes over so we are covered until the 31st.”

County Clerk Lesa Lietzow, election official for Gasconade County’s voters, noted even though the Republican Primary winner typically is unopposed in the November General Election, a person seeking elected office is not considered the winner until they secure a victory on the November ballot. The August Primary winner, she noted, is only that specific party’s nominee for the General Election.

Although rare, she said there is an option for independent candidates to be on the November General Election ballot provided they were not pledged as a party candidate in the prior Primary Election.

As of Tuesday there were no Democrat candidates who had filed for the sheriff’s position.

She said it was her understanding that a sheriff’s replacement could not be officially appointed until after they had won the November General Election.

Scott Eiler, currently a Hermann police sergeant from Owensville, signed up for the Republican party’s Primary nomination on the first day of the filing period on Feb. 25. Shawn Mayberry, a deputy sheriff in Warren County who lives in Hermann, was filing as a candidate for the Republican party’s nomination as sheriff on Tuesday morning as this story was being prepared.

Both Eiler and Mayberry on Saturday addressed party faithful attending the Gasconade County Republican Central Committee’s  Lincoln Day banquet at St. James UCC Charlotte.

Another option?

Capt. Mark A. Williams, a Phelps County resident with more than 20 years of law enforcement service, currently serves as the county’s chief deputy. He said he was willing and able to serve as an interim sheriff if asked, noting you do not need to be a county resident to serve in that capacity.

“Oh absolutely,” he said when asked if he would take the position if offered. “Not so much for myself but for the guys. I think it will bring some temporary stability to the department.”

That scenario is a possibility, Lietzow acknowledged Tuesday afternoon. “I don’t know if we’re considering it,” said Lietzow. “It’s an option. I don’t think anything is off the table. I’d say everything is on the table. After reading statutes, the Commission does have to appoint someone. It doesn’t say who.”

Commissioners were faced with the immediate need to understand the statute and get an option developed as a starting point.

“First and foremost on their minds was finding someone who lives in the county,” said Lietzow.

The Commission is expected to take up the discussion again on Thursday when they convene at Owensville City Hall. Scheduled start time is 8:30 a.m.

Romanus made $46,000 a year as sheriff. The next elected sheriff will be paid $52,000 annually starting in 2021 after members of the county’s Salary Commission in 2019 approved state-authorized increases of $6,000 for elected sheriffs and $2,000 for all other elected officials. Filing for the Aug. 4 Primary closes at 5 p.m. March 31.