How have the courts interpreted the role of a county sheriff in determining whether a sheriff is a county official?

California, United States of America


The following excerpt is from Pitts v. County of Kern, 17 Cal.4th 340, 70 Cal.Rptr.2d 823, 949 P.2d 920 (Cal. 1998):

The high court found "four important provisions that cut in favor of the conclusion that sheriffs are county officials"--the sheriff's salary was paid by the county, the county provided the sheriff with certain equipment, supplies, lodging, and reimbursement for expenses, the sheriff's jurisdiction was limited to the county borders, and the sheriff was elected locally by the county voters--insufficient "to tip the balance in favor of " the plaintiff. (McMillian v. Monroe County, supra, 520 U.S. at p. ----, 117 S.Ct. at p. 1740.) The county's payment of the sheriff's salary did "not translate into control over him, since the county neither has the authority to change his salary nor the discretion to refuse payment completely." (Ibid.) While the county commissions did have discretion to deny operational funds "beyond what is 'reasonably necessary,' " (ibid.) "at most, this discretion would allow the commission to exert an attenuated and indirect influence over the sheriff's operations." (Ibid.)

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