On Thursday, the Alabama House of Representatives passed legislation establishing that in the event of a sheriff dying, quitting, or being charged with a serious crime, the next senior officer in the department would take control of that department until the Governor appoints a successor.
House Bill 276 (HB276) is sponsored by State Representative Ron Bolton.
According to the synopsis, “Under existing law, when the office of the sheriff of a county is vacant or in certain other circumstances when existing law has provided that it is not appropriate for the sheriff to serve, the county coroner discharges the duties of the sheriff. This bill would provide that when the office of sheriff is vacant or when certain other circumstances exist, the highest ranking deputy sheriff in the county would serve as acting sheriff.”
Bolton explained that in the event of a vacancy in the sheriff’s office, the highest-ranking member of that department would take control of the department.
Bolton said, “They will automatically take control of that office until the governor makes the appointment.”
Rep. David Standridge said, “I want to make sure that that deputy wouldn’t lose their job when a new sheriff is appointed if it is not him or her that is appointed.”
Bolton said he would be open to amending the bill to include that stipulation when the bill is in the Senate.
Rep. Pebblin Warren said, “The only thing that really concerns me is that the sheriff, in most cases, is the most liked person in the county. The chief deputy may not be well-liked. What is the current law?”
Bolton said, “The current law puts the coroner in charge instead of the senior deputy.”
Warren asked, “And that person will stay in office until the governor makes an appoint?”
Bolton answered, “That is correct.”
Warren said, “I personally know of a situation where the sheriff was popular, and the chief deputy was liked by no one.”
Rep. John Rogers asked, “What if the highest-ranking deputy has some charges pending against him?”
Bolton said, “He would be removed himself. It would go to the next-ranking deputy.”
Rep. Juandalynn Givan asked, “Did you talk to the sheriffs about this, and specifically, did you talk with Jefferson County Sheriff Mark Pettway about this?”
Bolton said, “I did. I taught Sheriff Pettway in the academy 27 years ago. The Sheriffs Association helped draft the bill, and I spoke with Sheriff Pettway about this when he is in town.
Bolton said that the law establishing that the coroner assumes the powers of a sheriff in the event of a vacancy dates back to 1852. “It has been amended a number of times, but it has never been changed in terms of succession,” Bolton said.
HB276 passed the House of Representatives 104 to 0. It now goes to the Senate for their consideration.
HB276 was Rep. Bolton’s first bill to pass the House for the freshman lawmaker.
Thursday was day 15 of the 2023 Alabama Regular Legislative Session.
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