I am the legal Sheriff of Miami County Kansas.

**Update**, January 18TH, 2011**
I have found that the KSA links below have been blocked by the State. You can type in the KSA number in a window search and I will be fixing what I can. Also see my new link/article at, http://hlwiiiotherthings.blogspot.com/2011/01/where-are-we-now.html
**Update October 24TH, 2010.**

I had to place this new link here. It is self explanatory. It is an article that thanks those who saved my life on October 2ND, 2010. Go to http://hlwiiiotherthings.com/2010/10/thanks-to-those-who-saved-my-life.html to read the article. It is titled, "Thanks to those who saved my life".

**Update October 30TH, 2010**

Read:.. "Nathan Stiles". It shows my concerns about this tragedy. I am concerned about three things with this young mans life and death. Please consider my motives in trying to stop it from happening again. I feel there are factors being covered up.

**Update November 12TH, 2010***

Read, "The Miami County Kansas Republican Voters Society". Thanks again.

**Update November 18Th, 2010**

Check out, "DISAPPOINTED". It is self explanatory.

**Update** Dec 15Th, 2010**

Read up on my approach in filing, "Re-Call Petitions", in Miami County Kansas soon, http://hlwiiiotherthings.blogspot.com/2010/12/recall-petitions.html

Also see, http://hlwiiiotherthings.blogspot.com/2010/12/usaa.html and http://hlwiiiotherthings.blogspot.com/2010/12/one-million-dollar-stimulus.html
Thanks again, Herbert West 3rd, Candidate for Miami County Kansas Sheriff, 2012.

**The below article was started around the middle or end of August. I had to place the above update where it is to thank those who saved my life. Thanks for understanding.**

I will try to get to the point. In 2008 Kyle Kelly, the son of Sheriff Kelly in Miami County Kansas, was arrested and charged with 8 Felonies. See http://www.republic-online.com/200902111384/news/miami-county-news/burglary-sentences-enforced.html When he was arrested and processed the Sheriffs Office did not take a D.N.A. sample as required by Law. See K.S.A.21-2511. In this Sheriff Kelly is responsible and committed and was in the "Commission of a Felony", K.S.A. 21-3808, shows he Obstructed Process. K.S.A. 19-817 shows he is responsible as the Sheriffs Office Administration. They also broke the Law and used an out of District Special Prosecutor. Heather Jones is the D.A. of Franklin County. She is in the "4TH District". David Miller, our Miami County D.A. is in the, "6Th District" . That is also where Kyle was arrested and processed. Special Prosecutors are supposed to be appointed by the Judicial Society of the District where the case is on trial. They use the Lawyer Elector's. Each District has a Court Appointed Lawyer List and a Lawyer Elector List. This was not followed. This means by Kansas Law, Sheriff Kelly's votes are Dead Votes. You cannot be in the Commission of a Felony, Obstruction of Justice, have a Felony Conviction etc:.. and run for Sheriff. That makes me the legal Sheriff of Miami County Kansas by Default. I am stating so within 2 years of the Statute of Limitations for a Civil Complaint. Elections are a form of Civil Government. I feel the citizens of Miami County deserve a legal Sheriff.

Since I started complaining about this I was illegally evicted from my residence and retaliated against by David Miller, Sheriff Kelly, etc:.. Case# 2010CR-000172 was filed and my landlord Al Massoth frauded his affidavit for a court appointed lawyer. He did not list his Boarding House income. That means his Court Appointed Lawyer cannot represent him. David Miller refused to disclose this to the Judge. He committed Perjury and Contempt. The City of Paola Evicted me Illegally through, "Extortion". K.S.A. 58-25,102 states the District Courts have Jurisdiction in all Landlord/Tenant matters of conflict. Also review, K.S.A. 58-25,120, shows that I have 30 days after a Court hearing and ruling to fix the problems or then vacate the residence. They threw me out in 5 minutes with out a hearing or a, ""Legal DUE PROCESS""! Also see K.S.A. 58-2553 which shows the responsibilities of the landlord. He should have been subpoenaed to court and held accountable, not me. Also see K.S.A. 58-2505 which shows I must be given a 30 days notice to vacate the the property, not a verbal 5 minutes. Also see K.S.A. 58-2504 and K.S.A. 58-25,125 for further information. The City of Paola broke the law. So did the Miami County Sheriff's Office. See K.S.A. 21-3701 . I will keep you updated as I am still living in a tent and using a library computer.

Other things to consider. I cannot vote in City elections in Paola Kansas because that address, 803 S. East Street, Paola Kansas, 66071, is out of the City Limits. It says Paola because the address is on a dead end City Road. The property is in the county jurisdiction. I don't pay city property tax, I don't pay city taxes or fees on my car tags. I cannot run for Paola City election positions. And, when they put in the new water line, it was gear re ducted down to the county allowed rate of "
Gallons Per Minute Flow Rate". Mike Davis, who runs all the codes departments, steals land develops it and gets kickbacks from the cities and the county. They are stopping me from becoming Sheriff because I would look back 2 years and help anyone who was wronged. I am the kind of guy who would file on the Government. They are trying to hide their corrupt acts. I am looking into a, "Writ of Mandamus". I will also be looking into this being facilitated as an "Ex_parte" request. I will also be looking into "Writ's" that can restore my rights that were neglected. All the "Growth Zone" is for, is if someone wants to build a 100 unit apartment unit complex within 3 miles of a City then the City can look at this because of the sewage, water, and other utility's that would be required and become an expense or burden on the City without any reimbursement or taxation into the City. It is for, "Economic Development", only!! Any codes violations in the county are served and cited by the county and those fines follow Kansas Statutes, not City Ordinances, by Kansas Constitutional Law. See the link, "HERE", and read the top of page four there that shows the differences between City and County Home Rules! Also see, "Kansas Legislative Research", it has alot of information. Remember, I ran for Kansas Governor for 17months. I researched alot of information. I studied the "Home Rule" very closely.

Also see, Chapter_19 and Chapter_19b. They show the requirements I have been speaking of.

Please take the time to read my blog website at http://holyshitmiamicountykansas.blogspot.com/2010/07/yea-i-did-it-again.html It explains why I am the legal Sheriff of Miami County Kansas. I does have a lot of other opinions in that post. It is a longer post but is extremely important. Also read http://holyshitmiamicountykansas.blogspot.com/2010/04/evolution-of-corruption-in-miami-county.html I have been retaliated against and I am currently illegally barred from my residence.

I guess you can see why Sheriff Kelly blocked his sons D.N.A. here . Matt is Kyles, Loiusburg Cop's, brother!!!

I am still a Candidate for Sheriff. The Miami County Government and the Paola City Government don't want me to succeed. They don't want to have to stop their corruption. Take the time to read my blogs and please look into your rights as well as mine. You might want to read this K.S.A. 21-3449 also.

September 28TH, 2010,

A new jail?? Since when?? I ran for Sheriff in 2008 and mentioned a new jail. Sheriff Kelly denied the need then. He further denied the need in 2009. I designed a building/jail and was in the process of setting this in to motion, in 2008. The design would have saved the tax payers huge amounts of money. Read, the "2009 article", and the "2010 article". Again, Kelly has communicated different stats and information than he stated during the election and articles that followed. What he is withholding is that the jail keeps $20.00 of each days $70.00 received for housing inmates per day. Detention centers receive $70.00 for each inmate a day for their stay while in jail. The $20.00 is without any overhead. The receiving jail only gets $50.00 a day instead of $70.00 a day. They get $20.00 less to house our inmates. Again, the stats are being padded and manipulated to falsely justify steal tax money. I, again, am the legal Sheriff right now.

**Update January 14TH, 2011**
Look at this study from 2006, CLICK HERE.


See above. What would I do if appointed as the, "DEFAULT JUDGMENT SHERIFF", today? I would appoint all Sgt. Shift Supervisors to, "Pro Tempore Under Sheriff's". They would function as Shift Supervisors and they would run the Under Sheriff position as a board or committee. All those decisions would be a committee decision. They would also receive a, "Per Diem" , budget as they would not receive a raise in pay. A "Per Diem" is reimbursement for expense while functioning, "Pro Tempore". Nothing in administration is imminent and requires an abrupt emergency decision. The streets require abrupt emergency decisions. The Under Sheriff's pay would fund the, "Per Diem", budget. The difference between the Sheriff's pay and the Under Sheriff's pay plus $100.00 would go to them in the, "Pro Diem", budget. I made that clear in the 2008 election. I would only be receiving $100.00 above the Under Sheriff pay. Right now I am owed, one year at the Deputies pay and this year at the Under Sheriff's pay plus $100.00. Sheriff Kelly committed Felonies in 2008's election cycle. He refused to take his sons D.N.A. and his Campaign Treasurer was convicted on Felonies from his campaign. The candidate is also charged and convicted. Harold Sevy was charged and convicted on Felonies from Kelly's campaign. Stop the crap, complain to the, County Clerk, The Secretary of State, the State, the local Republican Party, the K.B.I., the Attorney Generals Office and communicate with each other.

So far the Kansas Secretary of State, Chris Biggs and the Kansas Attorney General, Steven Six have refused to investigate and intervene. I find this very disturbing. I e-mailed Kris Kobach and Derek Schmidt. I e-mailed, KCTV5, KMBC9 and WIBW13 and they have yet to respond. The Miami County Republic also refuses to look into this. So doe's the Miami County Clerk. I hope this election removes, A.G. Six, Secretary of State Biggs and anyone else who is a liar! I don't like Kobach. But at least he doesn't lie. I don't like his views and his statements, but at least he doesn't lie!

September 29TH, 2010.

I saw something odd yesterday. I saw a Deputy behind a car and a Paola Police Officer behind the Deputy. The Paola Police Officer was talking with the cars driver while the Deputy stood back by his car. I wonder if the driver received a Municipal fine amount or a Uniform Code fine amount. They vary by hundreds of dollars. If the Deputy made the stop, the driver should receive a Uniform Code ticket, not a Municipal Code ticket. Just curious.

**Update October 23RD, 2010.**

Lets look at what I am owed. The current illegal Sheriff receives $62,500.00 a year. That times four years is, $250,000.00 and they owe me for a Law Enforcement Degree. That is an average of $30,000.00. I also feel they owe me for sabotaging my current campaign. That is another $250,000.00, for blocking my chance in the 2012 election cycle. Yea, that is $530,000.00 for allowing, "Sheriff Jackass", to be a "Felon" and using him to break the Law without any interference. The County Government and the City Government feel that they have a free ride in breaking the Law by keeping him in office. That is why they are keeping him in Office. I feel I can find an attorney who will be glad to file a law suit and collect 1/3 of $530,000.00. Enough is enough!!!

**Update October 26TH, 2010.**

Per the elections Office at the Kansas Secretary of State's Office, "Sheriff Kelly was never, "Convicted", of a Felony". He won't investigate himself. The Miami County District Attorney refuses to do investigations or activate the K.B.I. to do investigations, so he is allowed to commit Felonies as Sheriff. I feel this is a typical show of how the Government functions with its own rules and they feel they are above the Law. This little game gives the voters something to look at. I will be using this little game in the election for the 2012 candidacy. I have not committed any Felonies. He has. He is allowed, per the Government. We will see what the voters feel towards Sheriff Frank Kelly and District Attorney David Miller.

**Update October 29TH, 2010.**

I e-mailed about 10 people at the Kansas State and County Offices of the Republican Party today. We will see if they decide to investigate this or cover it up like the rest of the State and Miami County Government.

**Update October 29TH, 2010.**

Please read my article about, Nathan Stiles. He was killed in a football game in Osawatomie Kansas. Here is the link, Nathan Stiles.

Herbert West 3rd, Candidate for Miami County Kansas Sheriff, 2012. west.herb@yahoo.com

Also see my new post's at:..

My Blogger Profile scroll to the bottom of that page and click on any of those links you want to read.

http://hlwiiiotherthings.blogspot.com/2010/09/temporary-insurance.html

Clcik on any of the links here and read the K.S.A.'s. The State has blocked access to the links and refuses to jusitfy as to why.

KSA,,

21-2511, 19-817, 21-3808, 58-25,102, 58-25,120,58-2553, 58-2505, 58-2504, 58-25,125, 21-3701, 21-3449,

tets