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A former member of the Clay County Democratic Executive Committee is trying to oust Commission President James Sams
and Sheriff Harald Fields. Earnest Sirk, who has been under investigation himself and removed from a local board, is
circulating a petition.
Sirk told the Clay Commission he objects to Sams posting the Ten Commandments in the commission room, saying that was
in violation of the constitutionally mandated separation of church and state. Sirk says Sams contends the Ten Commandments
is a historical document and it was staying up.
Sirk said the commission also broke the law when it appointed Daniel Grindo, a Braxton County lawyer, to be prosecutor
when more than a year remained on Jeff Davis' term. Davis recently resigned.
Sirk claims the law requires a special election to be held to elect a new prosecutor when a vacancy occurs.
Barbara Harmon-Schamberger, a former Secretary of Education and the Arts, was an assistant prosecutor. Sirk said "She
wasn't appointed because she won't play their games at the courthouse." Harmon-Schamberger has filed a lawsuit,
challenging the commissions appointment of Grindo. (See Herald Archives 1/17/03) Sirk also objected to civilian bailiff Gene
King being hired for circuit court because the state Supreme Court ruled in 1998 that the bailiff had to be the sheriff or a
deputy sheriff. Sirk said when he complained "They got smart with me."
Sheriff Fields said four other counties made prosecutor appointments when the unexpired term was more than a year. Fields
said he took Sirk to task in the commission meeting, and Sirk has now included him in his complaint. Fields said he isn't
worried about the ouster petition. "It's really not anything that amounts to anything."
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