Fisher County Commissioners held an emergency meeting late last week, where commissioners both officially accepted Sheriff Wade’s resignation and appointed Deputy Tom Pohlman to fill the immediate vacancy.
After receiving a letter questioning his eligibility to hold the office, Fisher County Sheriff Simon Wade submitted his resignation early last week. His resignation comes on the heels of the Texas Commission on Law Enforcement (TCOLE)’s denial of Wade’s application for a Texas Peace Officer License, a requirement to hold the office of county sheriff under state law.
Wade officially submitted his resignation to Judge Holt last Wednesday afternoon, notifying officials of its effectiveness at 5 p.m. Officials called an emergency meeting the following Thursday at 9 a.m. to accept Wade’s resignation and to possibly take action to appoint a replacement.
While some officials were able to speak with Fisher County Deputy Tom Pohlman late on Wednesday, commissioners conducted a more public interview during last week’s special-called meeting. Commissioner Micah Evans was candid when speaking about how given the outcome of preceding administrations there would no doubt be public concern regarding any appointment.
Former Sheriff Wade did not possess a license when county commissioners appointed him in July. However, he did have more than enough military experience and held an Arizona Peace Officer’s license until 2017.
The Arizona Peace Officer Standards and Training Board, which convened on October 18, 2017, accepted Wade’s “Voluntary Relinquishment of Peace Officer Certification.” TCOLE representatives confirmed this week that this eliminating factor prevents the entity from issuing Wade a Texas license, which ultimately led to Wade’s resignation as Fisher County Sheriff.
“In lieu of what’s going on and has gone on, why would you want to be Sheriff of Fisher County,” asked Evans, when posing questions to Deputy Pohlman last week.
Pohlman pointed out that during his more than 30 years of law enforcement service, he has spent more than a decade living in Fisher County. He added that many of his predecessors had good ideas he would like to build and expand upon, but it would take cooperation and budget considerations.
“My plan is to work directly with all of you. I need your help with the budget as much as you’re going to need my help, so we need to do this as a team as opposed to individuals,” said Pohlman. “It has to work together.”
Pohlman has a relationship with most of the commissioners and other officials, having worked alongside them in capacities either locally or with his work with Nolan County. As a Fisher County Deputy, Pohlman has an intimate knowledge of many of the issues the department is facing across multiple fronts. Evans asked if he had any ideas for how to address those issues or felt he could propose possible solutions.
“I’m hoping so,” said Pohlman, adding that one of the key components to moving forward successfully is to improve communications between the department and the courthouse. Whether it’s within the jail, among its staff at the law enforcement center, or merging across to the courthouse, communication must improve.
“The bulk of communicating is listening,” said Pohlman. “My job is to try to find out what people what, want we need, and take advice from people.”
For instance, Pohlman pointed out that Fisher County Jail Administrator Kevin Janis knows more about jail administration, and it would be foolish not to take his advice into consideration when making decisions about the jail. Equally, on another front, Pohlman said he would need to listen to the commissioners when engaging in upcoming budget discussions.
Touching briefly on S.B.-22 of which commissioners agreed they were not opposed to continuing the application, Evans asked if Pohlman had any ideas for how the funds could be used.
While Pohlman said there has been a good deal of talk about where funds could be designated, he said the focus should be on meeting salary mandates first, leaving commissioners holding the purse strings regarding the spending of any excess funds.
He said funds should be allocated in a way that avoids incurring debt that would be dependent on the funds or create a permanent employee payroll structure that would be unsustainable should the funds not continue.
This means a good deal of thought is given to long-term sustainability for employee pay. Pohlman said he has worked for too many police departments that increased payroll or expanded personnel because of external funding sources that were forced to make significant cutbacks or layoffs.
“That kind of thing doesn’t look good for the agency. It doesn’t look good for the community,” said Pohlman, saying they should take a cautious approach to applying for S.B.-22 as well as allocating funds when, or if, they come.
The court did not shy away from pointing out that if appointed, Pohlman would be the sixth sheriff who has been tasked with overseeing jail operations since opening the new facility in 2016. The facility has been depopulated with inmates being housed in Scurry County since August 2023.
“Anything we’ve been told as far as the jail, it goes the opposite way of what we’ve been told,” said Evans, adding that reports the jail was on track to reopen have not reached fruition.
Pohlman said law enforcement isn’t like being a plumber, where if someone can do the job, you can put them to work. Each potential employee has a lengthy exchange of information to be verified through background checks, as well as training and certifications that must be obtained.
The facility itself must also meet certain criteria and it can take a long time to get everything ready, which is made more difficult with inconstant administration. While there is still much work to be done before repopulating the jail, Pohlman admitted there has been some discussion about downgrading to a 72-hour holding facility.
Pohlman said while this would still require long-term inmates to be transferred out-of-county, he presented the court with an alternative use for future consideration. He said the 32 Judicial District as well as the surrounding counties are in desperate need of a juvenile holding facility.
“We are in a position where we could actually fill that bill for not only Taylor County — who would use it — but everybody to the west of us, all the way to the south,” said Pohlman.
The facility could serve the needs of juveniles from everywhere from Abilene to San Angelo or even the metroplex, making it possible for families to reduce their travel to visit loved ones. Pohlman said there is also a fair amount of federal and state grant funding for such facilities, as they are in growing demand and in shorter supply.
While he said he believes it is an idea he looks forward to exploring with commissioners, Pohlman admitted that initiating something like this would not be profitable. However, Pohlman believes it could be operated in a way that would be self-sustaining.
Also concerned about the future, Evans was frank when pointing out the “mass exodus” that other sheriffs have suffered when entering office, whether through election or appointment.
“I think we have a pretty solid team over there put together,” said Pohlman. “I think they’ll work together. They’ll stay together. As long as we can continue working in a positive direction, I think they’ll stay. I don’t anticipate losing anyone at this moment.”
After spending just under a half hour of questions, commissioners had no further inquiries. With Martin motioning and Evans seconding, the vote was unanimous to appoint Tom as Fisher County sheriff.
Based on recent correspondence with the Texas Secretary of State, it appears that due to Wade’s ineligibility declaration occurring after December 12, 2023, and before August 23, 2024, it creates a vacancy in nomination according to election code sections Secs. 172.058(b), 145.035, and 1.006.
According to the Secretary of State, a vacancy in nomination can be filled by the party should the nominee’s name not appear on the November ballot. However, the party cannot fill the replacement until June 17, 2024, when new party officers take office. More information will be shared when it becomes available.