A judge has ruled that Curry County's Board of Commissioners cannot use a local ordinance to compel Sheriff John Ward to turn over all documents they request.
Commissioners sued Ward in January, seeking a court order to make him comply with a 2024 ordinance directed at his office.
Judge Martin Stone said most of the sections of that ordinance, including requirements that Ward turn over personnel records and duplicate keys to county vehicles, were legal. However, the court ruled the board could not compel Ward to attend meetings under the law.
Ward argued that some requested documents are restricted and legally available only to other law enforcement agencies.
“This is not to say that section 1, in a revised form, is not needed,” Stone said in his opinion. “It is clear to the court that the Sheriff has not provided a number of documents requested by County Counsel related to matters of county concern, county property, and within the job duties of counsel, including risk management.”
Stone recommended reworking the ordinance so the sheriff can discuss with county counsel which documents are restricted and why.
“While the past year has been very difficult for all of us, it has certainly taken a toll on County staff and the community at large,” the board said in a statement. “Challenges, especially when elevated to litigation, create division, and we understand that some may have even been pressured to ‘pick a side.’ The reality is there is only one Curry County, and we will move forward together.”
The board hopes Ward will attend public sessions, even if not required by law to do so, and participate in shaping the future of Curry County.
Ward was not immediately available for comment. His attorney previously said the sheriff only contested the parts of the ordinance requiring him to attend board meetings and turn over all requested records, both of which the court struck down.
The board and sheriff have clashed over decision-making amid a tight budget, leading to staff cuts in Ward’s office. A sheriff's lieutenant filed recall petitions against commissioners Jay Trost and Patrick Hollinger, but they did not gather enough signatures to qualify for the ballot.
