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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0666.01 JAG SENATE BILL 98­126

STATE OF COLORADO

BY SENATOR Johnson;

also REPRESENTATIVE Johnson.

LOCAL GOVERNMENT

A BILL FOR AN ACT

CONCERNING THE AUTHORITY OF SHERIFFS WITH RESPECT TO PERSONNEL.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Authorizes a sheriff to discharge and discipline employees and to adopt written policies, rules, and regulations relating to deputy sheriffs. States that practices of employment, promotion, or dismissal shall be unaffected by an employee's religious beliefs, marital status, racial or ethnic background, or participation in community affairs.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  30­10­506, Colorado Revised Statutes, is amended to read:

30­10­506.  Deputies ­ liability of sheriff. (1)  Each sheriff may appoint as many deputies as he OR SHE may think proper, for whose official acts and those of his OR HER undersheriff he OR SHE shall be responsible, and may revoke such appointments at his OR HER pleasure. Persons may also be deputized by such sheriff or undersheriff in writing to do particular acts; the sheriff and his OR HER sureties shall be responsible on his OR HER official bond for the default or misconduct of his OR HER undersheriff and deputies.

(2)  NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION AND IN ADDITION TO ANY OTHER POWER GRANTED TO A SHERIFF BY LAW, EACH SHERIFF SHALL HAVE THE AUTHORITY TO DISCHARGE, DISCIPLINE, OR OTHERWISE TERMINATE THE EMPLOYMENT OF ANY PERSONNEL AND TO ADOPT WRITTEN POLICIES, RULES, AND REGULATIONS CONSISTENT WITH LAW THAT RELATE TO THE EFFICIENCY, IN­SERVICE TRAINING, PROFESSIONAL GROWTH, SAFETY, OFFICIAL CONDUCT, AND WELFARE OF DEPUTY SHERIFFS. THE PRACTICES OF EMPLOYMENT, PROMOTION, AND DISMISSAL SHALL BE UNAFFECTED BY THE EMPLOYEE'S RELIGIOUS BELIEFS, MARITAL STATUS, RACIAL OR ETHNIC BACKGROUND, OR PARTICIPATION IN COMMUNITY AFFAIRS.

SECTION 2.  Safety clause.  The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.