AGO 5837.
Case Date | December 29, 1980 |
Court | Michigan |
Michigan Attorney General Opinions
1980.
AGO 5837.
December 29,
1980STATE OF MICHIGAN FRANK J.
KELLEY, ATTORNEY GENERAL Opinion No. 5837COUNTIES:
Sheriffs-appointment powers of employees
The statutory powers of a newly elected or appointed sheriff to
appoint deputies, matrons and other employees of the department are impacted by
the police matron act, the veterans preference act, any collective bargaining
agreements or obligations deriving from the public employees relations act, a
civil service system adopted pursuant to the civil service commission act, the
Forensic Polygraph Examiners Act, and federal constitutional guaranties with
respect to freedoms of expression and political association and due process of
law, as may be applicable.
Honorable Alvin J. DeGrow State Senator
The Capitol Lansing, Michigan 48909You have requested my opinion on the following two questions:
'1. What are the constitutional appointment powers of a newly
elected, re-elected, or a sheriff appointed during a term regarding deputies,
matrons, etc.?
'2. What effect would an existing labor contract have on the
above?'
Inasmuch as these questions involve overlapping issues, they will
be considered together.
The Constitution contains no provision specifically having to do
with the appointment powers of a sheriff. Those powers derive from legislative
enactments pursuant to Const 1963, art 7, Sec. 4, which provides, in pertinent
part:
'There shall be elected for four-year terms in each organized
county a sheriff . . . whose duties and powers shall be provided by law. . . .'
Among the powers granted to a sheriff by statute is the authority
contained in 1846 RS, ch 14, Sec. 70, as amended by 1978 PA 635; MCLA 51.70;
MSA 5.863, to appoint and to revoke the appointment of deputies:
'Each sheriff may appoint 1 or more deputy sheriffs at the
sheriff's pleasure, and may revoke those appointments at any time. . . .'
Another of the powers granted to a sheriff by statute is the
authority contained in 1897 PA 109, Sec. 2; MCLA 123.892; MSA 5.3302, to
appoint and remove police matrons, subject to stated limitations:
'. . . the sheriff shall appoint . . . one or more respectable
women . . . who shall be known as police matrons. No woman shall be appointed
police matron unless recommended for such office in writing by at least twenty
women in good standing and residents in the city in which such appointment is
made. The police matron shall...
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