Sheriff-Elect's Fate in Hands of Wayne County Officials
DJ
Monday, November 25, 2002
Wayne County Sheriff-elect Bart Albrecht, 36, who lacks the certification
required to serve, says if he does eventually become sheriff, he will continue
to work at the gas station that has employed him since he graduated from high
school. (Christopher Smart/The Salt Lake Tribune)
BY CHRISTOPHER SMART
THE SALT LAKE TRIBUNE
LOA -- Wayne County Sheriff-elect Bart Albrecht has an easygoing manner, a
mischievous smile and a big headache.
"Oh, this has given us all a headache," Albrecht says, flashing his
infectious grin in a moment of levity during an otherwise somber and confusing
time in this rural southern Utah county that straddles Capitol Reef National
Park.
The source of Albrecht's discomfort came last summer when he registered as
a write-in candidate without party affiliation or law enforcement credentials
for county sheriff. It wasn't exactly a whim. When no one else would go up
against two-term Republican Sheriff Don Torgerson, Albrecht recalls, "I threw
my hat into the ring."
And now county officials are caught in a wringer. They are unsure how to
proceed. Albrecht is not a certified law enforcement officer. While Utah law
does not require such certification for sheriff candidates, it does for actual
sheriffs. In short, Albrecht was qualified to run for the office, but not to
hold it.
To become qualified, he needs 12 weeks of Police Officer Standards and
Training. But the next POST course does not start until Jan. 6, the same day
the sheriff-elect is scheduled to be sworn in, leaving the Wayne County
Commission and the county clerk in a conundrum.
"There is no precedent," says Commissioner Allen Jones, who fears any
decision the commission makes will be lambasted. "There are many things we have
to consider. So we are going to take our time and do it right."
This much is clear: Albrecht cannot be sworn in Jan. 6 because he is not
POST certified. If the winning candidate cannot take office, the commission can
appoint any Wayne County resident who applies for the job and is a qualified
law enforcement officer.
In this instance, that could include the man who lost the election. And
Torgerson says he will apply to keep the job. "It's all in the hands of the
commission," he says.
Whether the position simply could be left open until Albrecht is qualified
remains a point for debate.
"This is a ticklish situation," says Jones, who was re-elected earlier this
month. "And we have to do it right or we will be rode out of town on a rail."
But that is only part of the anxiety gripping Wayne County. Albrecht, who
barely mounted a campaign, won the balloting 665 to 609. As much as anything,
residents of Loa, Bicknell, Teasdale and Torrey trekked to the ballot box Nov.
5 to oust Torgerson. Why? There are whispers and innuendo, but few will say for
the record.
"I don't believe I want to approach that," Jones says.
The sheriff-elect won't touch it, either. "I'll leave that to others,"
Albrecht says.
While Torgerson is a 30-year law enforcement professional -- with two terms
as sheriff and 22 years with the Utah Highway Patrol -- the 36-year-old
Albrecht graduated from Wayne High School and went to work at his father's
service station, Derrell's Chevron. Albrecht is an avid outdoorsman but had
never given law enforcement much thought until folks dropping by the Loa
station began complaining about the sheriff.
"All I did was file and order some signs," Albrecht says. "Then people got
on the bandwagon and steamrolled it."
But his upset victory has left the community divided. "It's been hard on
the families on both sides," says Albrecht, noting that he has known Torgerson
and his children for many years.
Wayne County motorists stop at Derrell's Chevron to talk with Albrecht, but
they are afraid to speak out publicly against Torgerson, says Jeanne Briggs.
Briggs' husband, Wayne County dentist Graydon Briggs, unofficially headed
Albrecht's write-in campaign. He distributed fliers criticizing Torgerson for
being too harsh on the county's teenagers and young adults. Briggs' 20-year-old
son had been cited for underage drinking.
"When Bart had the courage to step forward, I wanted to support him,"
Graydon Briggs says.
The Briggs allege that Torgerson is heavy-handed and applies the law
unevenly. "This is a good old boy network," Jeanne Briggs alleges.
But Torgerson, who four years ago became the first sheriff re-elected in
Wayne County since 1966, says he does not know why voters would be upset with
him. "The only thing I can figure out is that I'm doing my job and making my
deputies do their job. We're doing our job too good."
Bucolic Wayne County (population 2,500) is hardly a hotbed of crime. Most
law enforcement problems surround speeding, alcohol, domestic disturbances and
property disputes, the sheriff says. Nonetheless, Torgerson's defeat has left a
bitter taste with the veteran lawman.
"To run an unqualified person is a slap in the face of law enforcement," he
complains.
Before the election, Torgerson thought of Albrecht's candidacy as a joke.
But nobody's laughing now. "There are a good amount of people who woke up the
morning after and said, 'Oh, what have I done,' " the sheriff says.
The election may have ruffled feathers, but Albrecht is proud of his
victory.
While the next POST training session begins the first week of January,
Albrecht has yet to register. "[The commissioners] just told me to sit back and
let the dust settle." Albrecht notes that he didn't sign up for POST before the
election, either. "I didn't want to spend the money and go to that school if I
wasn't going to win."
If -- or when -- Albrecht does take office, he says he plans to stay at the
gas station, overseeing law enforcement while pumping gas for constituents.
But Albrecht is getting the creeping feeling that he may never wear a
badge. It could be that he will be fielding citizen complaints as simply The
Man Who Would Be Sheriff.
"Whether I become sheriff or not, I won. That makes me feel good."
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http://www.sltrib.com/11252002/utah/5259.htm
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