First Regular Session
Sixty-second General Assembly
LLS NO. 99-0246.01 Bob Lackner HOUSE BILL 99-1128
STATE OF COLORADO
BY REPRESENTATIVE Johnson
LOCAL GOVERNMENT
A BILL FOR AN ACT
101 CONCERNING SUBORDINATE OFFICERS OF COUNTY SHERIFFS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Clarifies the circumstances under which a sheriff is responsible on
his or her official bond for the default or misconduct of an undersheriff
or deputy sheriff. Authorizes a sheriff to discharge and discipline
undersheriffs and deputy sheriffs and to adopt written policies and rules
relating to such officers. States that an undersheriff's or deputy sheriff's
religious beliefs, marital status, racial or ethnic background, or
participation in community affairs shall not affect employment practices,
promotions, or dismissals.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 30-10-506, Colorado Revised Statutes, is amended
3 to read:
4 30-10-506. Deputies - liability of sheriff. (1) Each sheriff may
5 appoint as many deputies OR UNDERSHERIFFS as he OR SHE may think
6 proper for whose official acts and those of his undersheriff he shall be
7 responsible, and may revoke such appointments at his pleasure TO
8 MAINTAIN LAW AND ORDER IN HIS OR HER COUNTY. Persons may also be
9 deputized by such sheriff or undersheriff in writing to do particular acts
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
1 FOR LIMITED PURPOSES. The sheriff and his OR HER sureties shall ONLY
2 be responsible on his OR HER official bond for the default or misconduct
3 of his AN undersheriff and deputies OR DEPUTY SHERIFF UNDER THE
4 SHERIFF'S SUPERVISION IN THE EXERCISE OF THEIR OFFICIAL ACTS IF THE
5 SHERIFF ORDERS, HAS PRIOR KNOWLEDGE OF, PARTICIPATES IN, ACTS IN
6 RECKLESS DISREGARD OF, OR OTHERWISE RATIFIES THE DEFAULT OR
7 MISCONDUCT OF SUCH UNDERSHERIFF OR DEPUTY SHERIFF.
8 (2) IN ADDITION TO ANY OTHER POWER GRANTED TO A SHERIFF BY
9 LAW, EACH SHERIFF HAS THE AUTHORITY TO DISCHARGE OR OTHERWISE
10 DISCIPLINE ANY UNDERSHERIFF OR DEPUTY SHERIFF IN THE OFFICE OF THAT
11 SHERIFF AND TO ADOPT WRITTEN POLICIES AND RULES CONSISTENT WITH
12 LAW THAT RELATE TO THE EFFECTIVENESS, IN-SERVICE TRAINING,
13 PROFESSIONAL GROWTH, SAFETY, OFFICIAL CONDUCT, AND WELFARE OF
14 SUCH UNDERSHERIFFS OR DEPUTY SHERIFFS. AN UNDERSHERIFF'S OR
15 DEPUTY SHERIFF'S RELIGIOUS BELIEFS, MARITAL STATUS, RACIAL OR
16 ETHNIC BACKGROUND, OR PARTICIPATION IN COMMUNITY AFFAIRS SHALL
17 NOT AFFECT EMPLOYMENT PRACTICES, PROMOTIONS, OR DISMISSALS.
18 SECTION 2. Effective date. This act shall take effect July 1,
19 1999.
20 SECTION 3. Safety clause. The general assembly hereby finds,
21 determines, and declares that this act is necessary for the immediate
22 preservation of the public peace, health, and safety.