February 18 Date Set For Injunction Hearing

Judge Keith G. Kautz has set a date to hear arguments in the petition filed by local residents seeking an injunction against the appointment of Don VanMatre to the Board of Commissioners for Sweetwater County. The hearing will be held at 10:00am in Green River. The venue has yet to be determined.

In a preliminary hearing today, Judge Kautz granted Mr. VanMatre standing in the case. VanMatre argues that his appointment was made legally, and that the rest of the commissioners voted not to contest the injunction because, he claims, they want to make their own appointment. The board as a whole chose on January 18 to not contest the lawsuit and agree to the stipulation of the facts presented in it.

VanMatre was late in entering the lawsuit because he was under the impression that Sweetwater County Attorney Brett Johnson would represent his individual interests in the case. Sources say that every time the matter was discussed by the board, Mr. VanMatre left the room, so he was not fully informed of Johnson’s role. It was only after Johnson explained the details of the case to him individually on February 1st that VanMatre decided to retain individual counsel and attempt to intercede on his own behalf.

The petition filed by Sweetwater County residents seeking to overturn the appointment doesn’t accuse Mr. VanMatre of any wrongdoing himself. It specifically challenges the actions of former Commissioners Debby Delia-Boese and Randy Walker in making the appointment in violation of the Wyoming Open Meetings Act. The suit contends that the decision to appoint VanMatre was made before Commissioner Wonnacott even announced her resignation, outside the scrutiny of the public eye. Sources have alleged that Commissioner Delai-Boese claimed as early as December 20, ten days before Wonnacott announced her resignation, that she had picked a successor.

In the moments after reading Wonnacott’s letter of resignation on December 30, Commissioner Delai-Boese asked for a motion to appoint Don VanMatre to replace her on the board. Commissioner Walker immediately made the motion and read a brief biography about VanMatre, and the qualities that he would bring as a member of the board. Commissioner Walker later claimed that he wrote the biography in the time that Wonnacott’s resignation letter was being read. Video of the meeting shows Walker reading along as Delai-Boese read the first part of the resignation, and then taking over and finishing the letter when Delai-Boese became too emotional to continue reading. Six minutes and fifteen seconds after the letter had been read, the appointment had been made. There was no notice given and no public input was allowed.

Before VanMatre entered the lawsuit today, both parties had agreed to a stipulation of the facts, which, without VanMatre’s last minute involvement, would have led to quick reversal of the appointment. His decision to contest the injunction could possibly lead to the depositions of all parties involved in the appointment process. Likely candidates for deposition would be former Commissioners Delai-Boese, Walker, and Wonnacott, County Clerk Steven Dale Davis, Don VanMatre, and any other person who might have had knowledge of the decision. Evidence gathered in such depositions could be used in criminal proceedings against anyone who may have participated in violations of the open meetings law.

Related posts:

1. VanMatre Enters the Fray Don VanMatre filed a motion today to intervene on his own behalf in the lawsuit seeking to overturn his December...
2. Sweetwater County Attorney Offers No Objection To Lawsuit Against County Commissioners. On January 26, Sweetwater County Attorney Brett Johnson filed an answer to the lawsuit filed by residents seeking to overturn...