AGO 80-035.
Case Date | November 05, 1980 |
Court | North Dakota |
North Dakota Attorney General Opinions
1980.
AGO 80-035.
November 5, 1980 (OPINION) OPINION 80-35Mr. Robert A. KeoghSlope County State's
Attorney Amidon, North Dakota 58620 Dear Mr. Keogh:
This is in response to your letter of October 9, 1980, concerning
the duties of the Slope county sheriff and possible contractual arrangements
which may be entered into between the county and incorporated cities for the
purpose of providing police protection. Your letter sets forth the following
questions:
1. What duties, responsibilities, or authority does the sheriff have in an incorporated city that employs its own police chief that has no local ordinances?
2. Under what circumstances may a county contract with a city to provide policing by county deputies?
3. In the absence of a specific contract to provide complete policing for a city, may a county charge an incorporated city for policing services furnished by the county even where there is a city employed police chief?
4. Can a county contract with a city to provide specific policing services, which would generally be at the request of the local police chief, and require the city to compensate the county for such services?
A sheriff is the chief law enforcement officer of the county. The general powers and duties of a sheriff are enumerated in section 11-15-03 of the North Dakota Century Code which provides as follows:
11-15-03. DUTIES OF SHERIFF. The sheriff shall:
1. Preserve the peace.
2. Arrest and take before the nearest magistrate, or before the magistrate who issued the warrant, all persons who attempt to commit or who have committed a public offense.
3. Prevent and suppress all affrays, breaches of the peace, riots, and insurrections which may come to his knowledge.
4. Attend each term of the district court held within his county; obey its lawful orders and directions; and act as crier thereof and make proclamation of the opening and adjournment of court and of any other matter under its direction.
5. Command the aid of as many male inhabitants of his county as he may think necessary in the execution of his duties.
6. Take charge of and keep the county jail and the prisoners therein.
7. Endorse upon all notices and process received by him for service the year, month, day, hour, and minute of reception, and issue therefor to the person delivering it, on payment...
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