Lyon County sheriff shares thoughts on Constitutional Sheriffs Association, the county's response to state, federal mandates

Lyon County Sheriff Frank Hunewill shared his thoughts on the proposal put forth on this week’s agenda which would declare Lyon County as a “Constitutional County” and their support of Sheriff Hunewill joining the Constitutional Sheriffs and Police Officers Association.

To read our previous coverage of the agenda item and CSPOA, click here.

Among the positions the group supports is that county sheriffs are empowered to interpret the U.S. and state constitutions, and that they can arrest government agents and employees for enforcing laws that go against their interpretations.

Sheriff Hunewill stated that he is a member of the Association, but that he did not bring the item to the Lyon County board to be discussed.

KP: Can you confirm that you have joined the Association and, if so, could you explain your reasoning for joining the organization?

FH: Yes I am, because I believe in the principles of what the organization stands for.  Supporting our rights as they are outlined by the US Constitution and our State Constitution. The oath I took as sheriff is based on those two facts.  The stance I have stood for has not changed since all of this stuff started. The fact the BOCC (Board of County Commissioners) has decided to take a stance does not change mine. The board does not and should not ever have the authority to tell me what to do. The members of the board have taken it upon themselves to draft a resolution following other Nevada counties. It may appear that it is being pushed by me but the two decisions really are independent of each other. The unfortunate part about this whole topic is certain individuals have taken what some of us believe to be our rights and turned it into a political issue. 

KP: Do you agree with (CSPOA’S) thought that you as the sheriff should be able to interpret the Constitution and that the decision of which laws are constitutional should fall to you? One of the points that I found a little unsettling was the belief that sheriffs should take it upon themselves to arrest any government agent they feel is acting in an unconstitutional manner, such as a health department member enforcing mask mandates. Is this something you believe in as well? 

FH: I do agree with you that some of the concepts have gone too far.  I do not think it is a matter of me interpreting the constitution and determining which laws are constitutional but more of a matter of having discretion in certain cases to take an active role in enforcement based on the facts at hand at the time.  I do agree with the concept that the Sheriff of the County has ultimate authority in regards to the laws that affect local jurisdictions.  As far as arresting government agents on the spot, that is a very broad statement.  If they violate the law and are a government agent they are not exempt.  This is where this whole issue has gotten out of control.  We have to go back to the basics and realize our job is to keep the public safe and enforce the laws we are capable of doing safely.  Keep in mind we as local authorities need a good working relationship with our federal partners because we can not do our job alone, but we also need to not be afraid to have those conversations with them when they may cross the line.  We as have to get past personal agendas and figure out how work together.

KP: What do you hope to come from you being a member of this group? Will any of the local policies be changing to align with the policies of CSPOA? 

FH: What I hope comes out of this for the most part is people start getting involved in what is going on in our country.  Good people with good values get involved.  I do not see any of our local policies changing a whole lot. We have already been dealing with the issues that have come up in a responsible manner.   We are fortunate that we live in the areas we do.

KP: Can you tell me more about the issues you’re referring to?

FH: We came out early and stated we were not going to be the mask police. We would get involved in the mask issue only if there was a criminal  violation connected to it. We also did not get involved in limiting church gatherings.  Those are just two examples of topics that came up. We have a job to do despite all the twists that are being made out of this, enforce the laws that are written to the best of our ability that have a criminal connection. 

KP: So, if I understand correctly, what you’re more concerned with is NOT enforcing rules you find to be unconstitutional, not necessarily going after people you believe are acting unconstitutionally. I think a major concern of this would be that the sheriffs department would say, arrest a member of the county commission or the health department for enacting an ordinance that the sheriffs office disagreed with and determined was unconstitutional. 

FH: We are not going to get into enforcing or supporting laws that go against the constitution.  

KP: So, to be clear, the sheriffs office will not be taking it upon themselves to arrest any government official acting in their professional capacity that they (the sheriffs office) determine is acting in an unconstitutional way?

FH: I never said that. This gets back to where I started, there’s a whole lot more involved in this than what people know or think. A lot of this is being taken out of context. There are a number of things in place operationally that hopefully illuminate or reduce chances of any of those types of actions from taking place at the local level. People are forgetting two very important words — due process — that is spelled out a number of times in the constitution.

The Lyon County Commissioners will be voting on the proclamation on Thursday, July 1 at the Lyon County Administrative Complex, located at 27 S. Main Street in Yerington.

The meeting will begin at 9 a.m.

You can also watch the meeting yourself online in the following ways:
Join Zoom Meeting: https://us02web.zoom.us/j/88690040964?pwd=cUdmUUU3b3VDVDVLRUw4RlB3ZHp0dz09

Meeting ID: 886 9004 0964 / Passcode: 220631

One tap mobile: 1-253-215-8782 / Dial by your location: 1-346-248-7799

Agenda: https://www.lyon-county.org/AgendaCenter/ViewFile/Agenda/_07012021-1003