07-29-2010, 09:34 AM
A Sheriff is nothing special or unique under the law.
Sheriffs traditionally have been elected by the citizens, but that is not an absolute right of a Sheriff, it is just the way it is done based on current laws in some areas. There are County Sheriffs who are not elected but appointed. There are Police Chiefs who are not appointed but elected.
The only powers an elected or appointed head of a law enforcement agency has, is the powers granted to them under state and county laws. The distinct advantage to an elected officials is that the usual method of terminating that person's position is through impeachment or a recall election. But there are still states where a duly elected official can be terminated without impeachment or recall.
An elected or appointed law enforcement official is still bound by the state constitution and the laws of the state and county they represent. Further, in some cases, elected law enforcement officials have less power because their state has a profession certification for law enforcement that even a person elected must obtain to use their peace/police officer powers. Otherwise they are relegated to an administrative oversight role.
A Sheriff, elected or appointed has no authority over federal laws. Federal law id federal law. State law if State law. County law is county law. I don't no where the notion that some elected sheriff is anointed some super powers above any other appointed head of a law enforcement agency. The only thing an elected law enforcement head has is the power of not being fired without a lengthy and public process.
As an FYI, the Hawaii County Police Chief is endowed under State and County law with certain powers that can not be over-ridden but the County Council. There are aspects of the job, supervision, priorities, and assignments that are not controllable by the elected political arm of the county. The police department can be called the Hawaii County Sheriff Department and nothing will change as to the operations of the agency. You can even make the position an elected political position and under State and County law, the elected head would still be bound by those laws.
Sheriffs traditionally have been elected by the citizens, but that is not an absolute right of a Sheriff, it is just the way it is done based on current laws in some areas. There are County Sheriffs who are not elected but appointed. There are Police Chiefs who are not appointed but elected.
The only powers an elected or appointed head of a law enforcement agency has, is the powers granted to them under state and county laws. The distinct advantage to an elected officials is that the usual method of terminating that person's position is through impeachment or a recall election. But there are still states where a duly elected official can be terminated without impeachment or recall.
An elected or appointed law enforcement official is still bound by the state constitution and the laws of the state and county they represent. Further, in some cases, elected law enforcement officials have less power because their state has a profession certification for law enforcement that even a person elected must obtain to use their peace/police officer powers. Otherwise they are relegated to an administrative oversight role.
A Sheriff, elected or appointed has no authority over federal laws. Federal law id federal law. State law if State law. County law is county law. I don't no where the notion that some elected sheriff is anointed some super powers above any other appointed head of a law enforcement agency. The only thing an elected law enforcement head has is the power of not being fired without a lengthy and public process.
As an FYI, the Hawaii County Police Chief is endowed under State and County law with certain powers that can not be over-ridden but the County Council. There are aspects of the job, supervision, priorities, and assignments that are not controllable by the elected political arm of the county. The police department can be called the Hawaii County Sheriff Department and nothing will change as to the operations of the agency. You can even make the position an elected political position and under State and County law, the elected head would still be bound by those laws.