ISACNewly County Officials’ School January 2015

The Office ofCounty Sheriff

Lonny Pulkrabek

Johnson County Sheriff

Duties of the Board of Supervisors to the Office of County Sheriff

DIVISION IIIPOWERS AND DUTIES OF A COUNTY

PART 2DUTIES AND POWERS OF THE BOARD RELATING TO

COUNTY AND TOWNSHIP OFFICERS AND EMPLOYEES

• 331.322 Duties relating to county and township officers.• The board shall:• 5. Furnish offices within the county for the sheriff, and at the

county seat for the recorder, treasurer, auditor, county attorney, county surveyor or engineer, county assessor, and city assessor. The board shall furnish the officers with fuel, lights, and office supplies. However, the board is not required to furnish the county attorney with law books. The board shall not furnish an office also occupied by a practicing attorney to an officer other than the county attorney.

• 8. Provide the sheriff with county-owned automobiles or contract for privately owned automobiles as needed for the sheriff and deputies to perform their duties, the need to be determined by the board.

• 9. Provide the sheriff and the sheriff’s full-time deputies with necessary uniforms and accessories in accordance with section 331.657.

• 10. Pay for the cost of board furnished prisoners in the sheriff’s custody, as provided in section 331.658, appoint and pay salaries of assistants at the jails, furnish supplies, and inspect the jails.

• 11. Furnish necessary equipment and materials for the sheriff to carry out the provisions of section 690.2.

• 12. Install radio materials in the office of the sheriff as provided in section 693.4.

• 331.323 Powers relating to county officers — combining duties.

• 2. The board may:• a. Establish the number of deputies, assistants, and

clerks for the offices of auditor, treasurer, recorder, sheriff, and county attorney

• 331.324 Duties and powers relating to county and township officers and employees.

• 1. The board shall:• k. Provide for support of the civil service commission for

deputy sheriffs in accordance with section 341A.20.

• 341A.20 Budget.• The county board of supervisors of each county shall

provide in the county budget for each fiscal year a sum equal to one-half of one percent of the preceding year’s total payroll of those included under the jurisdiction and scope of this chapter. The funds so provided shall be used for the support of the commission. Any part of the funds not expended for the support of the commission during the fiscal year shall be returned to the county, or counties, according to the ratio of contribution, on the first day of January which is not a Saturday, Sunday, or holiday following the end of the fiscal year.

As it relates to the Compensation Board…

• 331.907 Compensation schedule — preparation and adoption.

• 1. In setting the salary of the county sheriff, the county compensation board shall consider setting the sheriff’s salary so that it is comparable to salaries paid to professional law enforcement administrators and command officers of the state patrol, the division of criminal investigation of the department of public safety, and city police agencies in this state.

In addition to those sections found in the Code of Iowa, the Iowa Administrative Code,

and the Iowa Court Rules that apply to all peace officers (criminal code, traffic code,

etc.)…

…there are 128 sections of the 2013 Code of Iowa that contain the words

Sheriff, Sheriffs, or Sheriff’s• Title I State Sovereignty and Management – 11 (chapters 6B – 34A)• Title II Elections and Official Duties – 4 (chapters 62 – 70A)• Title III Public Services and regulation – 15 (chapters 80A – 101A)• Title IV Public Health – 3 (chapters 123 – 137) • Title V Agriculture – 1 (chapter 169A)• Title VI Human Services – 2 (chapters 216A – 236)• Title VII Education and Cultural Affairs – 1 (chapter 257B) • Title VIII Transportation – 1 (chapter 321)• Title IX Local Government – 37 (chapters 331 – 411)• Title X Financial Resources – 1 (chapter 450)• Title XI Natural resources – 3 (chapters 458A – 479B)• Title XII Business Entities – 0 • Title XIII Commerce – 0 • Title XIV Property – 4 (chapters 555B – 589)• Title XV Judicial Branch and Judicial Procedures – 31 (chapters 602 – 663) • Title XVI Criminal Law and Procedure – 14 (chapters 692A – 817)

Additionally…

Sheriff and Sheriff’s - appear in 100 sections of the Iowa Administrative Code and 17 sections of the Iowa Court Rules

andSheriffs – appears in 100 sections of the

Iowa Administrative Code and 6 sections of the Iowa Court Rules

(All three words do not necessarily appear in the same sections).

Most, if not all, of these Code references require a duty on the part of the Sheriff.

Office of County Sheriff - 331

• 331.651 Office of county sheriff

• 331.652 General powers of the sheriff– “The sheriff may…”

• 331.653 General duties of the sheriff– “The sheriff shall…”

• 331.654 Faithful discharge of duties – penalty for disobedience

• 331.655 Fees – mileage - expenses

Office of County Sheriff cont. - 331

• 331.656 Management of condemnation funds

• 331.657 Standard uniform

• 331.658 Care of prisoners

• 331.659 Prohibited actions

• 331.661 Multicounty office

General Powers of Sheriff 331.652• Sheriff subject to 341A and 331.903 may

appoint and remove deputies and clerks

• May appoint civilian civil process server(s)

General Duties of the Sheriff331.653 The SHERIFF SHALL:

– (62 separate subsections):

• Execute and return all writs and other legal processes issued by legal authority

• Execute and return any legal process in the sheriff’s possession at the expiration of the term of office

• Provide bailiff, other court room security upon request of District Court

• Serve as member of joint emergency management commission

• Carry out duties relating to the involuntary hospitalization of persons with mental illness as provided in chapter 229.7 and 229.11

• Carry out duties relating to the assessment of child abuse and subsequent investigations 232.71B

• Cooperate with DOT, DPS and other law enforcement agencies in the enforcement of local and state traffic laws and inspections as provided in 321.5 and 321.6– Vehicle inspections– sTEP participation– GTSB projects

• Collect unpaid motor vehicle fees 321.133 to 321.135

• School bus violations 321.372 to 321.379• Carry out duties relating to OWI under 321J

• Have charge of county jails to include custody of prisoners committed to jail as provided in chapter 356– Room & Board– Medical reimbursement– Commissary accounts (trust)– Phone systems– 60/40 split as agreed upon and established

with Board of Supervisors under 356.7

• Condemnation of private property – If fees or other monies held must file report with

auditor on June 30 each year

• Removal & disposition of abandoned vehicles under 556B.1

• Designate newspapers in which notices will be published 618.7– may or may not be done by the Board of Supervisors

all elected officials and County departments

• Carry out duties related to execution of judgments and orders of the court under 626– Emphasizes the need for trustworthy civil staff!

• Carry out duties relating to garnishments under chapter 642

• Carry out duties relating to replevins under chapter 643

• Carry out duties relating to disposition of lost property under 663

• Furnish DCI with criminal records upon direction of DPS under 690.1

• Take fingerprints of all persons specified under section 690.2 and provide to DPS

• Issuance and revocation of firearm permits as provided in Chapter 724.– Shall issue on both Permits to Acquire

(federal regulations) and Permits to Carry (federal and state regulations)

– Sheriff no longer has discretion in these matters.

• Accept custody of persons handed over to sheriff by DPS under 804.28

• Carry out duties relating to the forfeiture and judgment of bail under 811.6

• Resume custody of defendant who is recommitted after bail by order of magistrate under 811.7

• Carry out duties relating to confinement of persons who are considered dangerous or with mental disorders under 811.1A & 812

• Release defendant in custody upon receipt of court order under 814.14

• Under court order transport individuals from prisons to court, mental health facilities and juvenile facilities per rules of criminal procedure

• Carry out duties related to the return of service in civil cases under rule of criminal procedure 1.308.

• Finally, carry out other duties required by law and duties pursuant to section to 331.323