AB 866

This bill makes various changes related to the administration of the county sheriff’s office. Among the changes, the bill does all of the following:

1. Provides a procedure for temporarily filling a vacancy in the office of sheriff when there is no undersheriff. Under the procedure, the presiding judge of the county’s circuit court makes the appointment subject to certain requirements. Under current law, such a vacancy would be filled by the coroner.

2. Provides procedural requirements related to the appointment of an undersheriff.

3. Specifies that the undersheriff performs the duties of the sheriff when the office of sheriff is vacant or upon incapacity of the sheriff.

4. Provides position protection for sheriff’s deputies appointed undersheriff in counties without civil service.

5. Provides that in order for a deputy sheriff accused of misconduct to receive a disciplinary hearing, the deputy sheriff must request such a hearing within two weeks of receiving notice of charges.

6. Removes the prohibition on a deputy sheriff being suspended or dismissed without pay or benefits until the matter that is the subject of the suspension or dismissal is finally resolved.

7. Requires that, if a deputy sheriff was subject to a suspension, demotion, or discharge prior to a final determination of disciplinary charges and the charges are not ultimately sustained or the charges are otherwise withdrawn, the deputy sheriff be reinstated and entitled to pay as though in continuous service.

8. Removes the authority of the county board to establish traffic officer positions outside of the office of the sheriff.

The bill also provides that when the sheriff is a party to an action, the county clerk is responsible for service of process and the performance of duties usually performed by the sheriff related to service of process. Under current law, these duties are performed by the coroner. Also under the bill, a medical examiner is appointed by the county executive or county administrator, if the county has either of these offices, or by the county board, if not. The bill also specifies that a medical examiner is removable at will by the appointing authority.