For the second time in less than a week, the Elbert County Commissioners have been sued, adding to the growing number of legal problems facing the rural county of 28,000 residents east of Castle Rock.

On Sept. 25, the Elbert County Sheriff’s Office and Sheriff Timothy Norton, in his official capacity, filed a lawsuit in the 18th Judicial District Court challenging the authority of the Board of County Commissioners and County Manager Shawn Fletcher to interfere with Norton’s statutory right to hire, fire and oversee the activities and disciplinary actions of his law enforcement officers and departmental staff.

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The lawsuit also raises questions about whether Fletcher and County Human Resources Manager Delores Grady have the power to override Norton’s authority to direct and assign responsibilities to those employed within the ECSO.

This lawsuit follows another filed on Sept. 19 by a group of Elbert County residents alleging board members violated open meeting laws by awarding Shawn Fletcher and Greer hefty employment contracts with perks and 40% pay bumps outside of public purview.

In the suit, Norton also alleges that Fletcher, with support from the BOCC, launched a campaign of harassment and a series of overreaching retaliatory measures stemming from pushback on an email from Grady demanding the Sheriff’s office comply with the county’s newly minted disciplinary policy.

After Norton informed Fletcher that law enforcement officers and associated staff under his charge were not subject to county disciplinary policies but rather the policies of the Elbert County Sheriff’s Office, Norton alleges in court documents, that his department’s access to the payroll system was denied.

“Tension between (county) sheriffs and BOCCs is nothing new in Colorado,” Elbert County BOCC Chairman Chris Richardson said in an emailed statement. “Witness the fact that the Arapahoe County BOCC recently stripped their Sheriff’s Office of all spending authority.”

In January, an Elbert County deputy was forced off a snow-covered highway while driving his patrol vehicle. No injuries or other vehicles were damaged. The incident was investigated by the Colorado State Patrol. There was no reasonable suspicion of drug or alcohol use, and no citations were issued, according to court documents.

Fletcher demanded to know why the deputy was not subject to a post-accident drug and alcohol test, per county policy. Norton reiterated that law enforcement officers under his charge were not subject to county disciplinary policy.

The Denver Gazette reached out to Fletcher for comment on the allegations, but there has been no response as of press time.

Shortly after the disagreement, court documents allege County Manager Fletcher hired two separate investigative companies, costing the county $24,000, to scrutinize the ECSO’s operations, deputies, and staff. In the end, the companies produced “no actionable results.”

Furthermore, the lawsuit asserts that Fletcher, the BOCC, and County Attorney Bart Greer intentionally withheld investigation results from Sheriff Norton despite repeated requests and subsequent open records requests from Elbert County Undersheriff David Fisher.

Interestingly, Norton’s attorney points out that two years earlier, County Attorney Bart Greer struck another employee’s vehicle on county property and then left the scene of the accident. The employee reported the accident to the ECSO. The following day, the employee confronted Greer who admitted to the incident and offered the employee $500 cash to settle the incident.

Greer was never subject to a drug or alcohol test, documents state.

Court documents also allege that “ based upon information and belief,” Mr. Greer would shortly thereafter draft the documentation for the employee’s termination.”

This case gets complicated because sheriffs and county commissioners are elected officials who are “treated as separate public entities having different powers and responsibilities.”

Local residents are closely watching both cases against the BOCC, suggesting the only way they’ve been able to get the board’s attention is through litigation.

“Elbert County citizens, as well as the elected officials in the sheriff’s office, have finally reached a point where enough is enough,” said Jill Duvall, a plaintiff in the open meetings lawsuit against the BOCC. “This county administration has become more autocratic, almost completely unresponsive to anyone who disagrees with them, as two of the three commissioners are in the final months of their terms and believe themselves to be untouchable.”

Elbert County resident Chris Hatton, a plaintiff in the open meetings lawsuit, said the board’s behavior and the need for litigation have forced them to look closely at what’s happening within their local government.

“The Elbert County citizens are tired of the BOCC antics and fed up with those who choose to support this type of behavior,” Hatton said.

But litigation is expensive.

Commissioner Richardson said it’s unfortunate that issues with the sheriff’s office could not be solved before filing a lawsuit, and the taxpayers would likely bear the costs.

“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,” he said.