Who will represent Ward 2?

The residents of Ward 2 in Rawlins were without full representation on January 3 and will be without at least until the first meeting in February.

Tonya Lewman, who defeated incumbent Linda Smith in the 2022 General Election, did not take her Oath of Office following allegations of violating campaign finance laws. The City of Rawlins began taking nominations for the vacancy on January 6 and will accept them through January 20. The other Ward 2 representative is Councilmember Darril Garner.

Lewman Speaks

Lewman, who defeated Smith by more than 100 votes, used the public comment period during the January 3 meeting to explain herself and her situation. According to Lewman, she took just one donation during the election, which was intended to be in the form of a personal check from Rose Cain, owner of Dirty Boyz Sanitation.

“I went by the office where I was handed a check that I believed to be a personal check, signed the back (and) deposited it into my account,” said Lewman. “I was mistakenly handed the wrong check. Unknown to me, the check was from Dirty Boyz corporation and not Rose Cain’s personal account. When I discovered this mistake, I returned the entire amount.”

According to Wyoming State Statute 22-25-102(a), an organization is not allowed to contribute directly to a candidate nor is a candidate allowed to solicit donations from an organization. This section doesn’t apply to political parties, political action committees or a candidate’s committee. The section also reads that the Secretary of State must publicize the rules to define direct contribution.

As she spoke, it appeared Lewman—as well as members of the council and even legal counsel—believed the investigation would take some time before a decision could be reached as to whether or not Lewman could take the seat.

“I’m a single woman of modest means and cannot afford a lawyer to determine what the word ‘knowingly’ means. It appears this process will take months before a conclusion is reached,” said Lewman. “The city lawyer and judge called me on Friday (and) stated that until this matter is settled I cannot say the Oath of Office nor be on the council. The city lawyer then sent me an email this morning defining perjury and saying it was up to me whether or not I take the oath.”

Separate Situations

During her speech, Lewman accused the council of trying to reappoint Smith to Ward 2 despite her loss in the general election. The question as to whether Smith would be reappointed was raised by Casey Shinkle.

“It’s not really up to the city,” said Mayor Terry Weickum. “It’s a state law that was in question with Tonya’s thing. Therefore it’s going to be determined by the State as to what the next steps are.”

Patrick Gonzales, responding to Shinke’s question, cited the process of filling a vacancy six years prior. In that process, one which has been common in municipalities throughout Carbon County, the governing body accepted letters of interest, interviewed candidates and voted on an appointment.

“To clarify, the two situations between Mr. Casey Shinkle’s question and Mr. Patrick Gonazales’ response are two separate types of situations. The one that we find ourselves in is a vacancy at the beginning with no one having been sworn and no one taking the seat,” said City Attorney Gwendolyn Wade. “That is ruled by statutory law. The Secretary of State will have to ratify the next person who comes into the seat based on votes. The one that Mr. Gonzales was discussing was a midterm vacancy which is ruled by our ordinances and does proceed the way that he explained it.”

On January 4, the Saratoga Sun reached out to Secretary of State Chuck Gray’s office regarding the vacancy.

“The Wyoming Secretary of State’s Office is committed to ensuring integrity of elections at all levels,” said Gray. “Our office has been in contact with the Carbon County Clerk’s Office as well as the Carbon County Attorney, and is monitoring the situation.”

Under Wyoming State Statute 22-26-121, complaints regarding statewide and legislative candidates are made to the Secretary of State’s Office. Complaints regarding county or municipal candidates are made to the county clerk.

Filling the Vacancy

On January 5, the City of Rawlins announced it would begin taking nominations for the Ward 2 vacancy citing Wyoming State Statute 15-1-107(c). This section reads that the governing body of a municipality must appoint an “eligible person” until their successor is elected during the next general election. Additionally, under 22-18-101, a vacancy is determined to exist if someone refuses to take the oath of office.

According to Mira Miller, Community Relations Coordinator for the City of Rawlins, nominations and applications will be accepted from January 6 to January 20. All qualified candidates will be interviewed in an open session by the city council. Should more than three qualified candidates be nominated, a poll will be opened to residents of Ward 2 for feedback on the top three candidates.

In the case of this vacancy, the nominated individuals must be residents of Ward 2 for at least one year. They must also meet all other eligibility requirements of an election.

Once the process has been narrowed down to the top three candidates, the council will enter an executive (closed) session to discuss the candidates and will vote when they return to open session.

Under Wyoming State Statute 16-4-405(a)(ii), a governing body may enter an executive session to, among other things, consider the appointment of a public officer. According to Bruce Moats, a First Amendment attorney, courts in other states have found public officers to include elected officials. Moats said, despite that finding, the Rawlins City Council should hold their discussion in open session.

“First, they are selecting the person on behalf of the people. Second, the points made by present council members give the people an insight into what each member finds important,” said Moats. “I have often heard the argument that if one council member says something critical about the person eventually selected, then those two will have a difficult time working together. I respectfully submit that disagreement is important to a full airing of the issues facing the town. The person filling an elected position must be able to accept disagreement and criticism, and keep their eye on working for the best results for those they represent.”

A question asked by Ward 2 residents on social media was whether or not Lewman could be among those nominated to fill the vacancy. There does not appear to be any statute that either allows or prohibits Lewman’s nomination.

The individual appointed to fill the vacancy will serve from February 2023 until January 2025.

The next meeting of the Rawlins City Council will be at 7:30 p.m. on January 17 at Rawlins City Hall.