19-805. Deputies and undersheriffs; duties; meetings and seminars; budget; limitation of personnel action. (a) In addition to the undersheriff, the sheriff also may appoint, promote, demote and dismiss additional deputies and assistants necessary to carry out the duties of the office, for whose official acts the sheriff is responsible. Persons may also be deputized by such sheriff or undersheriff, in writing, to do particular acts. The sheriff and sureties of the sheriff shall be responsible, on the official bond of the sheriff, for the default or misconduct of the undersheriff and deputies.
(b) Within the limitations of the budget for the financing of the operation of the sheriff's office as approved by the board of county commissioners, the sheriff may attend and may require the undersheriff, deputies and any assistants to attend any meeting or seminars which the sheriff determines will be beneficial to the operation of the sheriff's office.
(c) The sheriff shall submit a budget for the financing of the operation of the sheriff's office to the board of county commissioners for their approval.
(d) Any personnel action taken by the sheriff under this section shall be subject to the following: (1) Personnel policies and procedures established by the board of county commissioners for all county employees other than elected officials; (2) any pay plan established by the board of county commissioners for all county employees other than elected officials; (3) any applicable collective bargaining agreements or civil service system; and (4) the budget for the financing of the operation of the sheriff's office as approved by the board of county commissioners.
History: G.S. 1868, ch. 25, § 103; R.S. 1923, 19-805; L. 1983, ch. 91, § 6; July 1.
Cross References to Related Sections:
Oath of deputy, see 19-2604.
Attorney General's Opinions:
Sheriff; deputies. 79-35.
General provisions; home rule powers. 79-113.
County buildings; power of county commission to construct. 79-279.
Sheriff; duties. 80-36.
Board of county commissioners; anti-nepotism resolution affecting individuals currently employed. 81-140.
Interlocal cooperation; imposition of city police duties upon a sheriff. 81-205.
Public employer-employee relations; collective bargaining with sheriff's employees. 81-276.
Sheriff; special deputies in counties over 100,000. 82-62.
Sheriffs; deputies. 83-136.
Sheriff; deputies and undersheriffs; limitation of personnel action. 84-30.
Sheriff; meetings and seminars; discretionary authority to send personnel. 84-53.
Cities of the third class; powers and duties of mayor; general powers and duties of mayor; incompatibility of office. 85-8.
Sheriff; meetings and seminars; discretionary authority to send personnel; county commissioners; powers and duties; control of expenditures. 86-166.
Line item restriction of sheriff's budget. 87-14.
County commissioners' control over sheriff's budget. 87-37.
KORA; Personnel records, sheriff's office. 89-107.
County commissioners' authority over employment of assistants by county treasurer. 89-131.
Sheriffs' deputies and undersheriffs; limitation of personnel action; mayor or county commissioner holding other office; incompatibility of offices. 91-98.
Limitation on personnel action of sheriff concerning undersheriffs and deputies. 92-160.
County attorney's assistants and employees; participation in KAPE. 93-59.
Authority of board of county commissioners over employees of various county departments. 93-64.
Deputy sheriffs for enforcement of park regulations; park rangers' authority outside the park grounds. 94-5.
County nonelected employees required to take unpaid leave of absence while a candidate running for elected county office. 96-9.
County personnel policies; tenure of county employees; authority of county commissioners; application to deputies and assistants of sheriff. 97-16.
Authority of sheriff to appoint Indian tribal law enforcement officers as deputies; liability for acts of deputies. 1999-28.
Assistance by state officials on federal property; coverage under Kansas Tort Claims Act. 2002-7.
Jurisdiction of school law enforcement officer based on location, as well as control or ownership of property. 2002-39.
County commissioners do not have authority to hire, fire, demote or promote individuals in the sheriff's office. 2003-15.
Sheriff has power to hire and fire sheriff's employees; not bound by memorandum of agreement executed by board of county commissioners. 2004-13.
Authority of county elected officials to pay bonuses to their employees is subject to any county-wide pay plan adopted by the board of county commissioners. 2013-3.
County commissioners have no legal authority to subject county elected officials to personnel policies requiring random drug testing. 2016-16.
County commissioners do not have authority to supersede another elected county official's power to appoint, promote, demote or dismiss such official's personnel. 2017-7.
CASE ANNOTATIONS
1. Appointment to serve writ must be endorsed thereon. Baxter v. Yeagley, 8 Kan. App. 657, 658, 659, 56 P. 509.
2. Official acts of deputy are binding on sheriff. McCracken v. Todd, 1 Kan. 148.
3. Plaintiff's affidavit that defendant is deputy sheriff implies sheriff's interest. Cassidy v. Fleak, 20 Kan. 54, 56.
4. Auctioneer employed at sheriff's sale is a deputy sheriff. Galbraith v. Drought, 24 Kan. 590.
5. Sheriff's deed, signed by deputy in name of sheriff, valid. Robinson v. Hall, 33 Kan. 139, 5 P. 763.
6. County not subject to garnishment proceedings for deputy sheriff's salary. Haddock v. McDonald, 98 Kan. 628, 629, 630, 159 P. 402. (But see K.S.A. 60-962, 60-963, herein.)
7. Sheriff responsible for wrongful levy of attachment by deputy. Jones v. Simmons, Sheriff, 115 Kan. 505, 223 P. 284.
8. Cited in holding county not liable for negligence of deputy sheriff. Kebert v. Wilson County Comm'rs, 134 Kan. 401, 403, 5 P.2d 1085.
9. Provisions of section read into sheriff's bond whether in actual bond or not. Farmer v. Rutherford, 136 Kan. 298, 305, 15 P.2d 474.
10. No liability on sheriff's bond for unofficial act of deputy. Hitsman v. Kennedy, 138 Kan. 564, 27 P.2d 218.
11. Liability for care of prisoner; default of deputy; liability of surety. Pfannenstiel v. Doerfler, 152 Kan. 479, 482, 105 P.2d 886.
12. Discussed; action on sheriff's deputy's bond held barred; statute of limitations. Zurbucken v. Glens Falls Indemnity Co., 158 Kan. 599, 601, 602, 149 P.2d 617.
13. Sheriff responsible for deputy's negligent operation of patrol car. Duran v. Mission Mortuary, 174 Kan. 565, 566, 578, 580, 581, 258 P.2d 241.
14. Signing complaint is unofficial act. Libby v. Schmidt, 179 Kan. 683, 685, 686, 687, 298 P.2d 298.
15. Mentioned; police chief not liable for action of arresting officer, when. Wommack v. Lesh, 180 Kan. 548, 551, 305 P.2d 854.
16. Action hereunder; petition sufficiently stated deputies performing official duties. Monroe v. Darr, 214 Kan. 426, 429, 430, 520 P.2d 1197.
17. Sheriff or deputy may be held liable on bond for acts which do not involve malice or wantonness or willful misconduct. Monroe v. Darr, 221 Kan. 281, 283, 288, 559 P.2d 322.
18. Undersheriff not employee within meaning of retaliatory discharge provisions of federal civil rights act; within "personal staff" exception. Owens v. Rush, 654 F.2d 1370, 1375, 1376 (1981).
19. Sheriff had no liability for federal civil rights claims against deputies; county commissioners held not liable. Marks v. Lyon County Bd. of County Comm'rs, 590 F. Supp. 1129, 1132, 1134 (1984).
20. Issue regarding whether county was liable for hostile work environment sexual harassment claims precluded summary judgment. Farris v. Bd. of Cty. Com'rs of Wyandotte Cty, 924 F. Supp. 1041, 1048 (1996).
21. Sheriff, not board of county commissioners, has authority to hire and fire deputies but may be required to get commissioners' approval for purchases outside approved budget. Board of Lincoln County Comm'rs v. Nielander, 275 Kan. 257, 62 P.3d 247 (2003).
22. Sheriff's actions bound county rather than state despite creation of sheriff's position by state legislature. Blume v. Meneley, 283 F. Supp. 2d 1171, 1176 (2003).
23. Law in Kansas is clear that the sheriff is the official in charge of county jail. Meyer v. Nava, 518 F. Supp. 2d 1279, 1290 (2007).
24. Section interpreted and applied; agreement between sheriff and tribal police authorizes authority to act outside reservation. Cornelius v. Kansas Dept. of Revenue, 39 Kan. App. 2d 334, 341, 180 P.3d 579 (2008).
25. When civil service board sustains deputy's dismissal it has no authority to require sheriff or others to rehire. Zoellner v. Civil Service Bd. of Leavenworth County, 39 Kan. App. 2d 693, 698, 699, 182 P.3d 1288 (2008).
26. County sheriffs are not arms of the state under Kansas law for the purposes of enforcing laws within their respective counties and are not entitled to immunity under the 11 th amendment of the United States constitution. In re Holmes, 387 F. Supp. 3d 1233, 1259-61 (D. Kan. 2019).
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