Red Willow County Board Tables Sheriff’s Resignation, Citing Timing and Election Considerations

McCOOK, Neb. — The Red Willow County Board of Commissioners declined to formally accept Sheriff Kevin Darling’s resignation during their Monday, March 23 meeting, opting instead to table the matter until April 13.

The decision comes as commissioners weigh how to handle the transition during an active election cycle.

Timing and the Statutory Clock

Sheriff Darling, who is retiring after 40 years in law enforcement, presented his resignation with an effective date of March 31, 2026. Commission Chairman Ted Gans noted that under Nebraska state statute, the board has 45 days to appoint an interim successor once a resignation is formally accepted.

Gans expressed concern that making an appointment now could interfere with the ongoing race for Red Willow County Sheriff.

“I think that if we choose either or candidate, that it is unfair… in the campaign process,” Gans said during the meeting. “I feel like the people of Red Willow County should have the opportunity to vote in their next sheriff of their choosing.”

Timeline Draws Attention

Earlier this month, on March 7, Darling publicly endorsed Deputy Milton “Blaine” Varney and stated in that letter, “I have requested that the County Commissioners appoint Varney as Interim Sheriff.”

Monday’s meeting was the first time the resignation and interim appointment were discussed in a public meeting setting. The endorsement letter referencing an interim appointment request was issued more than two weeks prior to the board’s first public discussion of the matter.

By tabling the resignation until April 13, commissioners delay the start of the 45-day appointment timeline. That timeline would extend beyond the May 12 primary election.

Administrative and Financial Questions

The delay raised immediate questions from county officials regarding the period between Darling’s stated March 31 resignation date and the board’s next meeting.

Red Willow County Treasurer Crystal Dack and County Clerk Penelope Cooper raised concerns related to:

• Payroll and benefits if the resignation is not yet accepted.

• Potential impacts to retirement timing and PERS eligibility.

• Who would oversee the Sheriff’s Office during that period.

Darling stated his staff is capable of maintaining operations, though those questions remain tied to how and when the resignation is formally accepted.

Next Steps

A public retirement reception for Darling is scheduled for March 27 from 1:00 to 3:30 p.m. at the Red Willow County Sheriff’s Office. The Board of Commissioners is expected to revisit the resignation and related transition details at its April 13 meeting.

Understanding the Legal Framework: The 45-Day Rule

The Board’s decision to table the resignation centers on two key Nebraska State Statutes:

• Nebraska Revised Statute 32-567 & 32-574: These laws dictate that when a county office becomes vacant, the county board must fill the position by appointment within 45 days of the vacancy occurring.

• The "Start" of the Clock: Legally, the 45-day countdown begins when the board formally accepts a resignation. By waiting until April 13 to accept the letter, the board’s appointment deadline shifts to May 28.

• The Election Factor: The May 12 primary falls within this adjusted 45-day window. This procedural delay allows the commissioners to see the results of the public vote before fulfilling their statutory duty to appoint an interim leader.