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Elbert County sheriff files lawsuit against Elbert County commissioners and county manager

The sheriff told 9NEWS after months of conversations he had no other option. The suit accuses county leaders of illegally seeking oversight of the sheriff's office.

ELBERT COUNTY, Colo. — A power struggle between Elbert County leaders is going public, and the sheriff says he had no choice but to file a lawsuit.

A lawsuit filed on September 25 claims Elbert County commissioners and the Elbert County manager have been seeking control over the operations of the Elbert County Sheriff's Office despite having no authority to do so.

"They just want control, and I'm not giving them control," Sheriff Tim Norton told 9NEWS.

In September 2023 the county's Human Resources director emailed a new disciplinary policy for all county employees. Norton, first elected in 2019, said the policy would not apply to his office.

Since then, Norton says he has tried to resolve the dispute but couldn't.

“I was elected to do a job by the citizens of Elbert County, and I’m being pushed into the corner, basically, by them wanting to take control of the sheriff's office and I’m not gonna let that happen," Norton said.

The lawsuit also alleges the County Manager tried to take control of the sheriff's office vehicles, took issue with the Norton allowing an employee to work from home, and spent $24,000 conducting investigations into the sheriff's office.

"That's where I had to draw the line," said Norton.

He says he has not spoken to the county manager in quite some time, and that their last phone call didn't end well.

"He said, 'Are you gonna abide by our rules, or your rules?'" Norton said. "I said, 'Well, with all due respect, sir, my rules.' He yelled into the phone, 'You have not heard the end of the this.' Click. That was it."

The county commissioners and county manager have not yet filed a response in court to the lawsuit.  County Manager Shawn Fletcher sent the following statement to 9NEWS:

"Tension between Sheriffs and BOCCs is nothing new in Colorado. Witness the fact that the Arapahoe County BOCC recently stripped their Sheriff's Office of all spending authority.”

"While it is unfortunate that issues could not be resolved prior to the filing of a lawsuit, when statutory authorities appear to overlap - in this case the oversight of the spending of taxpayer dollars and control of taxpayer funded equipment and insurance requirements- and parties in government cannot come to an agreement, the courts have to weigh in to clarify the law.”

"Unfortunately, the taxpayers will likely have to bear the costs of both sides of this suit. But, if this action clarifies the roles and responsibilities of both BOCCs and Sheriffs in all 64 counties, that will be a long term positive."

The County Commissioners have another lawsuit to defend, a group of citizens sued claiming the commissioners illegally gave the County Manager and County Attorney raises behind closed doors. 

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