30-A §371-B. Selection; qualifications - Maine Statutes

Title 30-A: MUNICIPALITIES AND COUNTIES HEADING: PL 1987, C. 737, PT. A, §2 (NEW)

Part 1: COUNTIES HEADING: PL 1987, C. 737, PT. A, §2 (NEW)

Chapter 1: COUNTY OFFICERS HEADING: PL 1987, C. 737, PT. A, §2 (NEW)

Subchapter 6: SHERIFFS AND OFFICERS HEADING: PL 1987, C. 737, PT. A, §2 (NEW)

Article 2: ELECTION AND TENURE; BOND HEADING: PL 1987, C. 737, PT. A, §2 (NEW)

§371-B. Selection; qualifications

1. Manner of election or appointment. Sheriffs are elected or appointed and hold their offices according to the Constitution of Maine. Their election must be conducted and determined as is provided for county commissioners. Sheriffs take office on the first day of January following their election.

[ 1997, c. 562, Pt. D, §11 (AFF); 1997, c. 562, Pt. D, §6 (RPR) .]

2. Filling vacancies. Vacancies in the office of sheriff caused by death, resignation, removal from the county, permanent incapacity or any other reason must be filled as provided in the Constitution of Maine. In the case of a vacancy in the term of a sheriff who was nominated by primary election before the general election the sheriff appointed by the Governor to fill the vacancy until a successor is chosen at election must be enrolled in the same political party as the sheriff whose term is vacant. In making the appointment, the Governor shall choose from any recommendations submitted to the Governor by the county committee of the political party from which the appointment is made.

[ 1997, c. 562, Pt. D, §11 (AFF); 1997, c. 562, Pt. D, §6 (RPR) .]

3. Minimum qualifications for officers. A person may not be appointed to the office of sheriff, be a candidate for election to the office of sheriff or serve as sheriff of any county in the State unless the candidate meets the following qualifications:

A. The candidate swears to or affirms the Law Enforcement Code of Ethics; [1997, c. 562, Pt. D, §11 (AFF); 1997, c. 562, Pt. D, §6 (RPR).]

B. The candidate has never been convicted of a Class C or higher crime; [1997, c. 562, Pt. D, §11 (AFF); 1997, c. 562, Pt. D, §6 (RPR).]

C. The candidate applies to the Secretary of State for a criminal background investigation; and [1997, c. 562, Pt. D, §11 (AFF); 1997, c. 562, Pt. D, §6 (RPR).]

D. The candidate submits written certification from the Maine Criminal Justice Academy that the candidate has:

(1) Met the basic law enforcement training standards under Title 25, section 2804-C; or

(2) Met the basic corrections training standards under Title 25, section 2804-D and has 5 years of supervisory employment experience. [1999, c. 338, §1 (AMD).]

[ 1999, c. 338, §1 (AMD) .]

4. Exception. Any person who is serving in the office of sheriff on June 26, 1997 or who served prior to that date is deemed to meet the minimum qualifications of subsection 3.

[ 2003, c. 510, Pt. C, §11 (AMD) .]

SECTION HISTORY

1997, c. 37, §1 (NEW). 1997, c. 87, §1 (NEW). 1997, c. 562, §D11 (AFF). 1997, c. 562, §D6 (RPR). 1999, c. 338, §1 (AMD). 2003, c. 510, §C11 (AMD).