Miami News-Record
Tuesday, May 21, 1996
Walker officially turns duties over to Undersheriff
By Ron Holmes
Miami News-Record
Moving with unseemly speed through several more mundane matters Monday, the Ottawa County commissioners me head-on the agenda item which had drawn television crews, reporters and even a few spectators – What to do about Sheriff Ed Walker. Last week Walker was indicted by a federal agent last fall.
Walker agreed to an offer by the commission to take a leave of absence with full pay and benefits.
The commission moved so fast, in fact, that they were forced to adjourn for a while until 10 a.m., when the item could be considered. But after the body reconvened, District Attorney Ben Loring asked the commissioners whether they wished to withdraw into executive session. Chairman James Leake said, “I think it is important to keep the matter open to the public.”
Loring then outlined the problems of having an indicted sheriff, who has been prohibited from carrying a gun acting in the public interest. Loring said there was concern not only for the sheriff’s safety and well-being but with pending cases in which the sheriff might be a potential witness, and with the evidence stored in the Sheriff’s Department. Loring also noted that the new jail would soon be operational and that employees must be hired and trained in the interim.
The district attorney said he met with the U.S. Attorney’s Office in Tulsa last week to determine what evidence against Walker might be available to support an ouster proceedings, but that for a variety of reasons the feds would not share their evidence. Although asking the commissioners whether they desired that he develop a case against Walker for an ouster, Loring also said that presently there was not sufficient evidence for such actions.
In addition, both Loring and the commissioners expressed concerns over the potential civil liability to the county from an individual filing against Walker. “We want to proceed cautiously in this,” said Leake, “to minimize any potential liability.”
Because Walker has only been indicted and not convicted and since there apparently was no evidence for an ouster proceeding, the body then turned to the consideration of asking Walker to step down.
A call was placed from the commission room to the sheriff’s office asking him to join the meeting.
But Walker declined, saying his attorney had advised him to make no deals with any governmental body. Leake asked him if he would consider a suspension with pay and benefits, to which Walker asked who would be appointed to run the department. At this point, Loring said that under a suspension technically there would be no vacancy and the commissioners could not make any appointment. When it was agreed that Undersheriff Mike Smith would take charge, Walker told the commissioners he would discuss the offer with his attorney. The commissioners then adjourned until noon. But a few minutes later, in his office, Walker said that he would agree to a voluntary leave of absence with full pay and benefits and that Undersheriff Mike Smith would assume command. “At this time, it’s the best all the way around,” he said. But the sheriff also said he intends to run for another term. Walker, who pleaded not guilty to the charges, has maintained that the indictment was politically motivated and vows to clear his name.
At noon Monday, Walker singed an agreement with the commissioners, effective immediately, and stepped down.
Monday afternoon, Leake said he was impressed with the sheriff’s handling of the situation. “We were genuinely concerned about his safety should something occur.” Leake said, “and secondarily to not increase the county’s liability.” Leake also said he believes Smith is, ‘quite capable of handling the job,” and assured the rural residents of the county that they still have law enforcement.
In its more-mundane business, the commission OK’d the low bid for the $61,470 lease/purchase of three patrol cars, awarding it to Shawnee Mission Ford of Shawnee, Kan. Commissioners awarded a roofing contract for work on the Industrial Building to low-bidder Five Star Roofing in the amount of $84,606, after the district attorney’s office approved a post-bid change. They approved a highway District 3 equipment lease/purchase agreement, an agreement for relocation of utilities along Mushroom Road and approved the allocation of alcoholic beverage taxes.
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