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Island Richards v. The Board of County Commissioners of Sweetwater County5/25/2000
Certified Question from the District Court of Sweetwater County Honorable John D. Troughton, Judge
This case presents an issue of first impression. In response to a complaint seeking a declaration of rights, the district court certified a question of law concerning the selection of a replacement for a county commissioner who, after being elected, changed his political affiliation and subsequently resigned. The statute at issue is Wyo. Stat. Ann. § 18-3-524 (LEXIS 1999), which provides the procedure for filling a vacancy in the office of county commissioner. However, the statute does not appear to address the situation presented here:
Do the remaining county commissioners notify the political body to which the member whose office is vacant belonged at the time of the last election or at the time the office was vacated?
We hold the county commissioners must notify the political body to which the member whose office is vacant belonged at the time of the last election. As a result, the political party which supported the county commissioner during the last general election maintains a commissioner with that political affiliation in office until the next general election.
CERTIFIED QUESTION
When a County Commissioner changes his political affiliation during his term in office and subsequently resigns, does the statutory language "the political party to which the member whose office is vacant belonged," as stated in W.S. § 18-3-524(a), mean the political party to which the member belonged at the time of the vacancy's occurrence?
FACTS
Elwin McGrew (McGrew) was a registered member of the Democratic party when he was elected as a county commissioner to the Board of Sweetwater County Commissioners (Board) in November, 1996. When he took office in January, 1997, he was affiliated with the Democratic party. McGrew changed his party affiliation on January 6, 1999, and became a registered member of the Republican party. Although McGrew's term of office would not have expired until January, 2001, he resigned from the Board on May 18, 1999. When he vacated office, his party affiliation was with the Republican party.
The Board notified the central committee of the Democratic Party of Sweetwater County, Wyoming (Democratic Central Committee), of the vacancy. Island Richards, as chairman of the central committee of the Republican Party of Sweetwater County, Wyoming (Republican Central Committee), and as a qualified elector in Sweetwater County, Wyoming, and the Republican Central Committee filed the instant action, seeking a declaration of their rights, status and legal relationships. The district court filed an order certifying the question to this Court.
STANDARD OF REVIEW
The certified question requires us to interpret the language of Wyo. Stat. Ann. § 18-3-524 (LEXIS 1999). As we stated in Olheiser v. State ex rel. Wyoming Workers' Compensation Div., 866 P.2d 768, 770 (Wyo. 1994):
We have interpreted statutes on innumerable occasions, so our standard is well established. First, we determine if the statute is ambiguous by looking at the plain and ordinary meaning of the words contained therein. Parker Land & Cattle Co. v. Wyo. Game & Fish Comm'n, 845 P.2d 1040, 1042-43 (Wyo. 1993).
A "statute is unambiguous if its wording is such that reasonable persons are able to agree as to its meaning with consistence and predictability. * * * statute is ambiguous only if it is found to be vague or uncertain and subject to varying interpretations. * * * hether an ambiguity exists in a statute is a matter of law to be determined by the court." Parker Land & Cattle
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