Sheriffs and Police Chiefs Eligibility

The Problem

Outdated and inconsistent laws governing sheriffs, chiefs, and marshals have led to a lack of clarity and consistency regarding their qualifications, accountability standards, and the use of volunteers. While these law enforcement leaders are subject to the standards outlined for all peace officers, the separate laws specifically addressing their roles are not always aligned with these standards or with each other.

The Solution

This bill clarifies the laws to ensure that all sheriffs, chiefs, and marshals are held to the same standards, regardless of how they are appointed, whether their office is partisan or non-partisan, or the size of their jurisdiction.

Key Provisions

Standardized Accountability, Certification, and Background Checks:

The bill clarifies that the same accountability, certification, and background check standards for all other peace officers apply to all sheriffs, police chiefs, and marshals.

Consequences for Decertification

The bill establishes a clear process for filling vacancies when a sheriff, chief, or marshal is decertified or fails to maintain certification. This includes provisions for both elected and appointed officials, regardless of whether their office is partisan or non-partisan

Strengthened Background Checks

The bill mandates that all candidates for sheriff, chief, and marshal must undergo the state-mandated background check. Candidates for sheriff must complete the background check before their name can appear on the ballot or before they can be appointed.

Regulation of Volunteers

The bill limits the use of volunteers to functions that do not involve law enforcement authority or carrying firearms unless they are certified peace officers. It requires sheriffs, chiefs, and marshals to establish policies governing volunteer activities and ensure compliance with those policies

Sponsors

Senator John Lovick

Representative Roger Goodman

FAQ

  • The bill seeks to harmonize and update eligibility requirements. For chiefs and marshals, the bill outlines eligibility criteria to reflect current standards and best practices. For sheriffs, the bill adds the requirement to maintain certification. The bill also addresses inconsistencies in requirements for marshals based on the population size of their jurisdiction.

  • The bill explicitly recognizes the importance of public trust and confidence in law enforcement. By standardizing accountability, certification, and background check requirements, the bill aims to enhance transparency and ensure that all sheriffs, chiefs, and marshals are held to high standards of conduct. The bill also promotes public trust by:

    • Requiring public disclosure of background check verification for candidates for sheriff.

    • Mandating a public report from the Independent Counsel if charges are not filed in a use-of-force case, explaining the investigation and rationale.

  • Background checks for candidates for sheriff would apply to those seeking election or appointment after January 1, 2025.

Further Reading