The former elected sheriff of Dundy County was recalled by voters on Tuesday after he failed to obtain law enforcement certification.
In a vote of 712-63, according to the McCook County Gazette, residents of the small Nebraska county that borders both Kansas and Colorado voted to oust Sheriff Clinton Smith, who was elected last year. Smith had fashioned himself as a "constitutional sheriff," which the Southern Poverty Law Center classifies as an extremist ideology, and has characterized the recall petition as unconstitutional.
Smith was denied certification through the Nebraska Law Enforcement Training Center after he failed the physical fitness test, according to a federal lawsuit Smith filed against state and county officials. He sought an emergency injunction to stop the recall election from happening, but the court did not consider his request prior to Tuesday's election.
Smith, who previously worked in Colorado as a corrections officer and a reserve deputy sheriff, was elected as the Dundy County Sheriff in November 2022. At the time of his swearing in, he was not a certified law enforcement officer in Nebraska.
State law requires sheriffs to attend the Law Enforcement Training Center and receive certification within eight months of taking office. According to Smith's lawsuit, he completed a background investigation in March 2023 and was told that he would be certified pending the completion of a physical fitness examination.
According to Smith's lawsuit, he failed the physical fitness examination in April and requested an opportunity to retest. The training center informed him in June that his request had been denied and he would not be certified.
In September — eight months after Smith was sworn in — the Dundy County Board voted not to pay Smith's salary because he had failed to obtain certification in the allotted time. Smith refused calls to resign his post and continued to perform his job duties without pay.
According to a letter sent to Smith from the Commission on Law Enforcement and Criminal Justice, published in full by the Benkelman Post and News Chronicle, a background investigation found that Smith had demonstrated a "pattern of misrepresentation," including not disclosing prior allegations of sexual harassment.
Our best Omaha staff photos & videos of November 2023
Brooke Holloway, Matthew McMullen Bill Holloway and Cindy Holloway cross the Red Cedar river on their way to Spartan Stadium prior to a college football game between the Nebraska Huskers and the Michigan State Spartans in East Lansing, Mich. on Saturday, Nov. 4, 2023.
Sumner-Eddyville-Miller's Katelynn Reiter (6) serves the ball in the O'Neill St. Mary's vs. Sumner-Eddyville-Miller NSAA Class D-1 volleyball state quarterfinal match at the Pinnacle Bank Arena in Lincoln on Thursday, Nov. 2, 2023.
Omaha Skutt raises their trophy following the Norris vs. Omaha Skutt Nebraska State Volleyball Class B Championship match at the Devaney Center in Lincoln on Saturday, Nov. 4, 2023. Omaha Skutt won the title in three sets.
A member of the Michigan State marching band drums upside down during the second half of a college football game at Spartan in East Lansing, Mich. on Saturday, Nov. 4, 2023.
Nebraska's Heinrich Haarberg (from left), Jeff Sims and Chubba Purdy have a moment before playing Michigan State on Nov. 4 in East Lansing, Mich.
Nebraska's Omar Brown (12) sits in a hall before playing Michigan State in a college football game at Spartan in East Lansing, Mich. on Saturday, Nov. 4, 2023.
Nebraska and Michigan State fans react differently on a penalty call against Michigan State during the first half of a college football game at Spartan in East Lansing, Mich. on Saturday, Nov. 4, 2023.
Performers practice their Cyr Wheel for the Cirque du Soleil's Corteo at CHI Health Center Omaha on Wednesday, Nov. 29, 2023.
Brothers Finn, 10, and Jaxson Mlynarik, 14, of Winterset, Iowa, stand together with a lit up snowflake during the Holiday Lights Festival lighting ceremony at The RiverFront Park in Omaha on Saturday, Nov. 25, 2023.
Sandhills/Thedford's Zeb Wilde (32) and Carson Cooksley (14) celebrate with fans Kaden Haake and Connor Cooksley following the Wynot vs. Sandhills/Thedford Nebraska Class D2 State Football Championship at Memorial Stadium in Lincoln on Monday, Nov. 20, 2023. Sandhills/Thedford won the title 50-12.
Creighton's Trey Alexander (23) controls the ball in the Texas Southern vs. Creighton men's college basketball game at the CHI Health Center in Omaha on Saturday, Nov. 18, 2023.
Justin Holzepfel puts Christmas lights on his roof as his daughter, Madalyn, 5, watches on Tuesday, Nov. 14, 2023.
Nebraska's Nick Henrich (3) pressures Wisconsin's Tanner Mordecai (8) during the second half of a college football game at Camp Randall Stadium in Madison, Wis., on Saturday, Nov. 18, 2023.
Nebraska's Thomas Fidone II (24) huddles Wisconsin's Jason Maitre (23) during the second half of a college football game at Camp Randall Stadium in Madison, Wis., on Saturday, Nov. 18, 2023.
Nebraska's Chubba Purdy (12) throws under pressure from Wisconsin's Jake Chaney (36) during the first half of a college football game at Camp Randall Stadium in Madison, Wis., on Saturday, Nov. 18, 2023.
Nebraska's Chubba Purdy (12) scores on a 55-yard run on the first drive during the first half of a college football game at Camp Randall Stadium in Madison, Wis., on Saturday, Nov. 18, 2023.
Nebraska's Harper Murray (27) goes up for the ball during the first set of a college volleyball match against Michigan at the Devaney Center in Lincoln on Friday, Nov. 17, 2023.
Jaye'real Coppage 12, dibbles a basketball in the gym at the Salvation Army Omaha North Worship & Service Center located at 2424 Pratt St, on Thursday, Nov. 9, 2023. Paint from the mural on the wall is peeling.
Atlas Swan, 3, helps his mother, Eryn Swan's plants on the porch of their Bemis Park home on Wednesday, Nov. 8, 2023.
Kids play basketball in the gym at the Salvation Army's North Corps Community Center, 2424 Pratt St., on Nov. 9.
North Dakota State's Ryan Sletten (24) tries to stop a Creighton's Ryan Kalkbrenner (11) dunk at CHI Health Center on Saturday, Nov. 11, 2023.
Police escort a truck carrying the Durham Museum Christmas heads north on I480 toward Woolworth Avenue on Monday, Nov. 13, 2023.
A Union Pacific climbs out of a tree after securing it to a crane on Monday, Nov. 13, 2023.
Creighton's Steven Ashworth (1) celebrates a three-point basket against North Dakota State at CHI Health Center on Saturday, Nov. 11, 2023.
North Dakota State's Ryan Sletten (24) tries to stop a Creighton's Ryan Kalkbrenner (11) dunk at CHI Health Center on Saturday, Nov. 11, 2023.
Nebraska's Ty Robinson (9) walks off the filed following the college football game at Memorial Stadium in Lincoln on Saturday, Nov. 11, 2023. Maryland won the game 13-10.
Nebraska's Blaise Gunnerson (97) stretches out to try an block a pass from Maryland's Taulia Tagovailoa (3) to Maryland's Roman Hemby (24) during the first half of a college football game at Memorial Stadium in Lincoln on Saturday, Nov. 11, 2023.
Nebraska's Harper Murray (27) watches as Nebraska's Merritt Beason (13) misses the ball in the Northwestern vs. Nebraska college volleyball match at the Devaney Center in Lincoln on Wednesday, Nov. 8, 2023.
Shania Twain performs at the CHI Health Center in Omaha on Thursday, Nov. 2, 2023.
Millard West's Brody Peterson (7) runs the ball against Grand Island's Trey Engberg (1) and Grand Island's Justyce Hostetler (35) during the first quarter of a high school football game at Buell Stadium in Omaha on Friday, Nov. 3, 2023.
Minden's Aubree Bules (11) serves the ball during the fourth set of the Nebraska state volleyball C-1 Championship against Kearney Catholic at the Devaney Center in Lincoln on Saturday, Nov. 4, 2023.
Overton's JoLee Ryan (7) and Overton's Ashlyn Florell (10) celebrate after sweeping Cambridge to win the Nebraska state volleyball D-2 Championship at Devaney Center in Lincoln on Saturday, Nov. 4, 2023.
The sun sets behind Pinnacle Bank Arena before the Huskers' men's basketball team tips-off against Lindenwood in Lincoln on Monday, Nov. 6, 2023.
Nebraska's C.J. Wilcher (0) passes the ball against Florida A&M's Jordan Chatman (2) during the first half of a college men's basketball game at Pinnacle Bank Arena in Lincoln on Thursday, Nov. 9, 2023.
A look inside Memorial Stadium during the national anthem before the first quarter of a college football game in Lincoln on Saturday, Nov. 11, 2023.
Nebraska's Janiran Bonner (16) runs the ball past Maryland's Beau Brade (2) to score a touchdown during the third quarter of a college football game at Memorial Stadium in Lincoln on Saturday, Nov. 11, 2023.
Nebraska's Malcolm Hartzog (13) pushes Maryland's Antwain Littleton II (7) out of bounds during the third quarter of a college football game at Memorial Stadium in Lincoln on Saturday, Nov. 11, 2023.
Creighton's Trey Alexander (23) goes up to dunk the ball against Iowa's Tony Perkins (11) during the second half of a men's college basketball game at the CHI Health Center in Omaha on Tuesday, Nov. 14, 2023.
