Lyon County proclaimed a ‘Constitutional County,’ sheriff asks to be removed from proclamation

The Lyon County Board of County Commissioners voted unanimously to pass a proclamation naming Lyon County a “Constitutional County,” with a portion of the proposed language including Sheriff Frank Hunewill and his association with a “Constitutional Sheriffs” organization removed at the request of the sheriff.

One thing that was not made clear by either the sheriff or the county commissioners was what their definition of a “constitutional county” was and what effect, if any, the proclamation would have on Lyon County residents.

While all county commissioners agreed that they supported and would defend the constitution, none answered how becoming a “constitutional county” was any different from the promises they had already made to defend the constitution when they took their oath of office.

Chair Vida Keller stated that their proclamation was in response to other counties who made resolutions on becoming constitutional counties which, she says, Lyon County already is.

“The reason why this became a proclamation is because those resolutions (of other counties) were read, it sounded like we were becoming a constitutional county,” said Keller. “I’m sorry, I do believe we already work under the constitution in Lyon County.”

Keller said that the item was brought up because of the sheriffs in other counties joining CSPOA, and that they “wouldn’t even be here today discussing this at all if that hadn’t happened.”

“We are reaffirming we are a constitutional county,” continued Keller.

“The constitution is the most well written document in history,” said Commissioner Robert Jacobson. “I do feel that if Sheriff Hunewill wants to participate in a professional organization, he should be able to do that at his own will; I don’t think we need to proclaim him to do that, just like any of us could be a part of a professional organization. Any other affiliations he has is maybe none of my business as an elected official, and he should be able to make his choices and decide who he wants to be affiliated with. If the general public doesn’t like that, then he may suffer repercussions at the next election.”

Manager Jeff Page stated that Lyon County cannot "do whatever they want to do," and are not a “home-rule” county.

“We don’t get to do what we want to do, we fall under the purview of the State of Nevada,” said Page. “The majority of the property in Lyon County is owned by either the federal government or the state government. The sheriff works on a regular basis with federal law enforcement agencies. I’m certain he does not want to see that relationship change.”

“My understanding of the basis behind the constitutional county and the sheriff as a member of CSPOA is putting a black and white on what the sheriff already does.”

Page gave an example that law enforcement in Nevada has discretion to determine whether or not to issue a citation or an arrest — with the exception of DUI and domestic battery — such as choosing not to ticket someone for speeding.

“You don’t have the authority as a county commission or a state legislature or congress to dictate the role of the courts,” said Page. “Thats why we have the three branches that we have.”

“I don’t see anything we’ve done here as heinous,” said Page. “However, I am concerned.”

Page listed his concerns as perception from the public, and what a future sheriff may do if given power to become “king of the county.”

“I have no doubt in my mind that my good friend Frank Hunewill will do his job diligently and well,” said Page. “My concern is what happens with the future sheriff. My concern is the the public now has a perception that the sheriff is the 'King of Lyon County' and they should go to him with all issues or problems. It doesn’t matter what we put in the proclamation; it matters what the people’s perceptions and interpretations of what the proclamation says are.”

“When we’re talking about perceptions, if we don’t pass this, people will perceive that we don’t support our constitution and (they’ll say) 'you’re just like a certain group and society that says the constitution no longer matters' and I will not have my name associated with that,” said Commissioner Ken Gray.

Sheriff Hunewill spoke during the meeting and stated that he had joined the Constitutional Sheriffs and Police Officers Association (CSPOA) on his own accord and is a current member, but asked for his involvement to not be a part of the county’s proclamation.

“Yes, I am a member of (CSPOA) and joined on my own accord,” said Hunewill. “We can join any group, Boy Scouts, whatever, it doesn’t make any difference. (In any group) you’re going to agree with some principles that they have, and you’re going to disagree with some principles that they have. Overall the key principles that organization is focused on is why I joined.”

“I don’t think the statement about you supporting me needs to be in there,” Hunewill continued. “I understand you guys support me. The perception is that you guys are telling me (what to do). I have no problem with the proclamation other than that statement.”

Hunewill said that over the last year and a half, Lyon County has been “a Constitutional County 99.9 percent of the time,” and will continue to operate as one.

The sheriff further stated that the commission needs to be careful about combining church and state, and that the commission can’t tell the sheriff what to do, and the sheriff can’t tell the commission what to do.

“I want the public to get involved and really learn what this topic is about instead of shooting from the hip and coming up with their own conclusions,” Hunewill said.

Following Hunewill’s statements, Commissioner Wes Henderson stated he wanted the second part of the proclamation including the sheriff’s association with CSPOA stricken from the proclamation.

“I want to counter that,” Commissioner Ken Gray stated. “The sheriff has been taking flack for being a member of that organization and some of the things they’ve said about the organization, so I do proudly support him being a member of that organization. (…) That organization is not the things that have been said.”

Commissioners Jacobson and Dave Hockaday agreed to the removal of the language including the sheriff's association with CSPOA at Hunewill’s request.

Over a half an hour of public comment was heard, including emailed statements and those speaking in person at the meeting or virtually over zoom.

Lainey Henderson of Silver City asked Commissioner Gray to read her statement onto the record, who then refused. A secretary read it into the record instead.

“The sheriff is not a constitutional scholar, nor does he represent the three branches of government so he therefore can’t be solely responsible,” Henderson stated in her letter. “He was not elected with this authority.”

Following the first six minutes of public comment, Commissioner Gray objected to the “appropriateness of the accusations” made by public commenters, and argued with Commission Chair Keller who stated that it was public comment and that the comments would be read in.

The majority of those who spoke voiced their opposition to the agenda item due to its inclusion of CSPOA and the support of the sheriff as being a member. When it became clear that the commission intended to strike the language from the proclamation which included CSPOA, most public commenters stated they agreed with the decision but still spoke against CSPOA and the potential of the county having any affiliation with it.

Following public comment, Commissioner Gray rescinded his motion and stated he wanted the original language, including the support of the Sheriff’s involvement with CSPOA, to be voted on. However, he failed to receive a second.

Instead, there was a unanimous vote to proclaim Lyon County operates as a “constitutional county” and that the county “proudly supports the sheriff.”

It is unclear what, if any, policies or procedures will change based on this proclamation.