Sheriffs

V.S.A. tit. 24, ch. 5, subch. 5

in effect

24 V.S.A. § 290 County sheriff’s department

290. County sheriff’s department (a) A sheriff’s department is established in each county. It shall consist of the elected sheriff in each county and such deputy sheriffs and supporting staff as may be appointed by the sheriff. Full-time employees of the sheriff’s department, paid by the county, shall be county employees for all purposes but shall be eligible to join the State Employees Retirement System, provided the county shall pay the employer’s share. The sheriff’s department shall be entitled to utilize all State services available to a town within the county. (b) Full-time State deputy sheriffs whose primary responsibility is transportation of prisoners persons with a mental condition or psychiatric disability, or juveniles being transported to court or to a court-ordered facility shall be paid by the State of Vermont. The positions and their funding shall be assigned to the Department of State’s Attorneys and Sheriffs. The Executive Director shall have the authority to determine job duties for the position, assignment of positions to county, regular and temporary work locations, assistance to other State agencies and departments, timesheet systems, daily work logs, and to have final approval of personnel matters, including, but not limited to, approval for hiring, paygrade assignment, hiring rate, discipline, and termination. The sheriffs shall have an Executive Committee of not more than five current sheriffs, elected for a two-year term by a vote of the sheriffs held not later than January 15, for a term starting February 1. The Executive Committee shall have a Chair, Vice-Chair, Secretary-Treasurer, and two members at large. The Executive Committee shall meet at least quarterly to provide input to the Department of State’s Attorneys and sheriffs regarding budget, legislation, personnel and policies, and the assignment of positions, when vacancies arise, for efficient use of resources. (c) Equity, indebtedness, ownership of equipment, and title to motor vehicles associated with the operation of each sheriff’s department and purchased with department funds shall be held in the name of the department, not in the name of the sheriff. The department is constituted as a legal entity with the power to contract and incur liabilities. (d)(1) Upon the election of a sheriff-elect who is not the incumbent sheriff, an announcement that the incumbent sheriff will not seek reelection, or an announcement that the incumbent sheriff intends to resign, whichever occurs earliest, all financial disbursements from the accounts of the department, including the transfer of real or personal property, or other assets, of the department, shall be co-signed by the sheriff and at least one assistant judge in that county, and the sheriff shall, within two weeks, provide the Department of State’s Attorneys and Sheriffs, the Auditor of Accounts, and the assistant judges of that county with a written list of all transfers of departmental assets and financial disbursements to a single source, in aggregate, greater than $10,000.00 anticipated to occur before the sheriff leaves office. Assistant judges shall consult with the Director of Sheriffs’ Operations when considering whether to co-sign any transfers of departmental assets or financial disbursements to a single source, in aggregate, greater than $10,000.00. The assistant judges shall not unreasonably refuse to co-sign any disbursements or transfer of sheriff’s department assets. (2) A report of all financial disbursements and transfers made pursuant to this subsection shall be forwarded by the assistant judges to the Auditor of Accounts within 15 days following the sheriff leaving office. Added 1977, No. 218 (Adj. Sess.), § 1; amended 1987, No. 262 (Adj. Sess.), § 3; 1991, No. 257 (Adj. Sess.), § 4; 2009, No. 157 (Adj. Sess.), § 4; 2013, No. 96 (Adj. Sess.), § 149; 2021, No. 185 (Adj. Sess.), § E.205, eff. July 1, 2022; 2023, No. 30, §§ 2, 5d, eff. May 31, 2023.

24 V.S.A. § 290b Audits

290b. Audits (a) [Repealed.] (b) The Auditor of Accounts shall adopt and sheriffs shall comply with a uniform system of accounts, controls, and procedures for the sheriff’s department, which accurately reflects the receipt and disbursement of all funds by the department, the sheriff, and all employees of the department. The uniform system shall include: (1) requirements for written financial records and books; (2) procedures for the recording of all financial transactions and the maintenance of such records; (3) procedures to ensure proper documentation to ensure that all disbursement transactions are properly supported, approved, and recorded; (4) procedures to ensure that all receipts are properly supported and recorded; (5) procedures to ensure that bank receipt and disbursement accounts are reconciled on a timely basis; (6) procedures for the preparation of an annual set of financial reports which accurately reflects the financial transactions and condition of the department; (7) procedures to ensure that all payments for services performed by the sheriff, deputy sheriffs, or other employees of the department rendered by virtue of their office are made to the sheriff’s department; (8) procedures and controls that identify revenues received from public entities through appropriations or grants from the federal, State, or local governments from revenues received through contracts with private entities; (9) procedures to notify the Auditor of Accounts and the Department of State’s Attorneys and Sheriffs of the establishment and activities of any nonpublic organization of which the sheriff or any employee of the sheriff is a director or participant and that has a mission or purpose of supplementing the efforts of the sheriff’s department; and (10) other procedures and requirements as the Auditor of Accounts deems necessary. (c) The Auditor of Accounts and the Auditor’s designee may at any time examine the records, accounts, books, papers, contracts, reports, and other materials of the county sheriff departments as they pertain to the financial transactions, obligations, assets, and receipts of that department. The Auditor shall charge for any associated costs in the same manner described in 32 V.S.A. § 168(b). (d) Annually, each sheriff shall furnish the Auditor of Accounts on forms provided by the Auditor a financial report reflecting the financial transactions and condition of the sheriff’s department. The sheriff shall submit a copy of this report to the assistant judges of the county. The assistant judges shall prepare a report reflecting funds disbursed by the county in support of the sheriff’s department and forward a copy of their report to the Auditor of Accounts. The Auditor of Accounts shall compile the reports and submit one report to the House and Senate Committees on Judiciary. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the required report to be made under this subsection. (e) Biennially, according to a schedule established by the Auditor of Accounts, the Auditor shall retain a public accountant to conduct an audit of the financial systems, controls, and procedures within each department. The public accountant shall prepare a written report detailing the review of the department. A copy of this report shall be forwarded to the sheriff, assistant judges, and the Auditor of Accounts. The Auditor shall charge for the costs of the report pursuant to 32 V.S.A. § 168(b). Amended 1991, No. 257 (Adj. Sess.), § 3, eff. July 1, 1993; 1993, No. 60, § 55a; 2011, No. 139 (Adj. Sess.), § 18, eff. May 14, 2012; 2015, No. 131 (Adj. Sess.), § 5; 2019, No. 154 (Adj. Sess.), § E.130.1, eff. Oct. 2, 2020; 2023, No. 30, § 3, eff. May 31, 2023.

24 V.S.A. § 291 Bond; oath

291. Bond; oath Before entering upon the duties of his or her office, a sheriff shall become bound to the treasurer of the county in the sum of $100,000.00, with two or more sufficient sureties by way of recognizance, before the two assistant judges in such county, or give a bond to the treasurer executed by such sheriff with sufficient sureties in like sum to be approved by the two assistant judges, conditioned for the faithful performance of his or her duties and shall take the oath of office before one of the judges, who shall certify the same on the sheriff’s commission. Such recognizance or bond and the commission shall be forthwith recorded in the office of the county clerk. Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1991, No. 257 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), § 176.

24 V.S.A. § 291a Contracts

291a. Contracts (a) In the name of the sheriff’s department, the sheriff may enter into written contracts with the State of Vermont, an agency of the United States, one or more towns within or without the county, or any nongovernmental entity, to provide law enforcement or other related services including security services, central dispatching for police, fire, or ambulance services, and centralized support services. Contracts between the sheriff’s department and a town shall be valid if approved by the sheriff and by a majority of the selectboard of the town provided that funding has been approved by a duly warned annual or special town meeting. Deputy sheriffs engaged in the performance of a contract shall be considered employees of the sheriff’s department for all purposes, except that for purposes of determining eligibility for Social Security, employees under this section shall be considered county employees, provided however that the sheriffs’ departments shall be responsible for employers’ contributions. (b) A contract made with a town, city, village, or county to provide law enforcement or related services shall contain provisions governing the following subjects as best suit the needs of the parties: (1) the services to be provided, including State statutes or town ordinances, or both, which are to be enforced; (2) rates of compensation, allocation of expenses, total cost of contract, and methods of payment therefor; (3) ownership of any property acquired under the contract in event of termination of the contract; (4) the type, frequency, and information to be contained in reports submitted by the sheriff’s department to the town; (5) methods adopted to resolve disputes; (6) the term of the contract shall specify the commencement and termination date of the services to be provided and provisions for renewal thereof; and (7) such other items, not inconsistent with law, as may be agreed upon. (c) A contract under this section may contain provisions for compensation to the sheriff for administration of the contract and related services. No compensation may be paid to a sheriff for administration of the contract or related services unless the contract sets forth in writing the rate or method of calculation for the compensation and a schedule of payment; provided that a sheriff’s compensation for administration shall not exceed five percent of the contract. A sheriff’s rate of compensation shall be at a rate equivalent to other employees of the department who provide similar services under the contract. Compensation to the sheriff shall be made in accordance with the schedule set forth in the contract but in no event may a sheriff be compensated for administration of the contract and related services unless the compensation is made in the same calendar year in which the revenue was received by the department under the contract. Funds derived from charges for the administration of a contract, if used for sheriff, sheriff deputy, or other departmental employee compensation, bonuses, salary supplements, retirement contributions, or employment benefits, shall be expended in accordance with the model policy created and maintained by the Department of State’s Attorneys and Sheriffs. Willful failure to comply with this policy shall constitute Category B conduct pursuant to 20 V.S.A. § 2401(2). (d) An agreement or contract for services between a sheriff’s department and governmental or nongovernmental entity shall be in writing if the total cost of the contract or agreement exceeds $2,000.00 or the duration of the services provided exceeds ten working days or if the cumulative total of the contracts or agreements entered into by the sheriff’s department and the same governmental or nongovernmental entity exceeds $2,000.00 or ten working days within a calendar year. Annually, the sheriff shall submit to the assistant judges for filing with the county clerk a report of all written contracts, categorized by the contracting party, services rendered, date of contract, and amount received. (e) Each sheriff’s department shall establish a procedure for all purchase contracts entered into by the department. The procedure shall be established in writing, filed with the assistant judges, and made available for public review. The written procedure shall also be forwarded to the Auditor of Accounts for use in the conduct of audits required under this chapter. (f) An agreement or contract for sheriff’s departments to provide law enforcement or security services to county and State courthouses shall be subject to a single, statewide contracted rate of pay for such services over all county and State courthouses. Added 1977, No. 218 (Adj. Sess.), § 2; amended 1987, No. 121, § 10; 1991, No. 257 (Adj. Sess.), § 2; 2023, No. 30, § 5, eff. Jan. 1, 2024.

24 V.S.A. § 292 Office vacant

292. Office vacant When such sheriff neglects to become so bound within 15 days from the beginning of his or her term of office, the office of sheriff shall be vacant.

24 V.S.A. § 293 Duties

293. Duties (a) A sheriff so commissioned and sworn shall serve and execute lawful writs, warrants, and processes directed to the sheriff, according to the precept thereof, and do all other things pertaining to the office of sheriff. (b) A sheriff shall maintain a record of the sheriff’s work schedule, including work days, leave taken, and any remote work performed outside the sheriff’s district for a period of more than three days. (c) If an individual who has a relief from abuse order pursuant to 15 V.S.A. § 1103 requires assistance in the retrieval of personal belongings from the individual’s residence and that individual requests assistance from a sheriff’s department providing law enforcement services in the county in which that individual resides, the sheriff’s department shall provide the assistance. (d) A sheriff shall provide law enforcement and security services for each county and State courthouse within the sheriff’s county of jurisdiction in accordance with section 291a of this title. Amended 2023, No. 30, § 6, eff. May 31, 2023; 2023, No. 30, § 6c, eff. Jan. 1, 2024.

24 V.S.A. § 294 Sheriff imprisoned

294. Sheriff imprisoned If a sheriff is confined in prison by legal process, his or her functions as sheriff shall be suspended. When the sheriff is released from imprisonment during his or her term of office, he or she shall file a certificate of his or her discharge signed by one of the judges of the Superior Court, in the office of the county clerk, and deliver a like certificate to the high bailiff. Thereupon he or she shall resume the powers and execute the duties of sheriff. Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 177.

24 V.S.A. § 295 Repealed. 1971, No. 258 (Adj. Sess.), § 19.

24 V.S.A. § 296 Transportation of prisoners

296. Transportation of prisoners All commitments to a State correctional facility or to any other place named by the Commissioner of Corrections or committing court shall be made by any sheriff, deputy sheriff, State Police officer, police officer, or constable in the State, or the Commissioner of Corrections or his or her authorized agent. Amended 1967, No. 345 (Adj. Sess.), § 18, eff. April 1, 1969; 1969, No. 33, § 3, eff. April 1, 1969; 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2007, No. 15, § 19; 2011, No. 79 (Adj. Sess.), § 29a, eff. April 4, 2012.

24 V.S.A. § 296a Civil liability resulting from escaped prisoner

296a. Civil liability resulting from escaped prisoner A jailer or other officer who, through negligence, suffers a prisoner in his or her custody, convicted of or charged with a crime, to escape, shall be civilly liable to any person proximately damaged as a result thereof to the maximum amount of $500.00. A person so damaged may maintain a civil action therefor. Added 1977, No. 233 (Adj. Sess.), § 5, eff. April 17, 1978.

24 V.S.A. §§ 297, 298 Repealed. 1967, No. 345 (Adj. Sess.), § 32, eff. April 1, 1969.

24 V.S.A. § 299 Duties as peace officer

299. Duties as peace officer A sheriff shall preserve the peace using force only as permitted pursuant to 20 V.S.A. chapter 151. A sheriff may apprehend, without warrant, individuals assembled in disturbance of the peace and bring them before the Criminal Division of the Superior Court, which shall proceed with such individuals as with individuals brought before it by process issued by the court. Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 78, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 238; 2023, No. 30, § 8, eff. May 31, 2023.

24 V.S.A. § 300 May require assistance

300. May require assistance A sheriff or other officer in the discharge of the duties of his or her office, for the preservation of the peace, or the suppression or prevention of any criminal matter or cause, may require suitable assistance.

24 V.S.A. § 301 Repealed. 2023, No. 30, § 9.

24 V.S.A. § 302 Power to search; return

302. Power to search; return In the daytime, a sheriff may enter and search houses, buildings, or other places for a person for whose apprehension he or she has a warrant, issued in a criminal prosecution, a prosecution for bastardy, or on a bailpiece. He or she may so enter with a warrant or extent for the collection of taxes, or the collection of a fine, or with a warrant to search for goods or chattels stolen or purloined, when such property is supposed to be secreted therein. He or she shall not make return in any case that he or she cannot execute any such precept.

24 V.S.A. § 303 Obstructing sheriff; penalty

303. Obstructing sheriff; penalty A person who refuses a sheriff entrance to his or her house or other buildings as provided in section 302 of this title, or threatens him or her or abuses him or her or his or her assistants before or after he or she has entered such buildings, or hinders him or her in any way in the execution of the warrants provided for in section 302, shall be fined not more than $200.00.

24 V.S.A. § 304 Liability for misfeasance of deputy

304. Liability for misfeasance of deputy Actions for official misfeasance or neglect of a deputy sheriff, or for cause affecting his or her administration of the office, shall be sustained only against the sheriff; but the sheriff shall not be amenable criminally for the conduct of his or her deputy, other than for fines for neglect of duty.

24 V.S.A. § 305 Not to appear as counsel, or make writ

305. Not to appear as counsel, or make writ A sheriff or deputy sheriff shall not appear in any court as counsel, nor make a writ, complaint, answer, or other precept or process, except in his or her own cause. A writ, complaint, or other process herein prohibited made by him or her shall be dismissed and the defendant recover his or her costs.

24 V.S.A. § 306 Term of office

306. Term of office A sheriff shall execute his or her official duties until his or her successor is qualified to act.

24 V.S.A. § 307 Deputy sheriffs; appointments and revocation

307. Deputy sheriffs; appointments and revocation (a) A sheriff may appoint deputies who need not be legal residents of the State, one or more of whom shall be a woman. The duties of deputy sheriffs shall be the same as those imposed by law on sheriffs and other peace officers in the enforcement of the criminal law. A deputy shall not perform an official act until his or her deputation and oath are filed for record in the office of the county clerk. A sheriff may dismiss a deputy and revoke his or her deputation. Such revocation shall be recorded in the office of the county clerk and shall take effect from the day of such record. (b) A sheriff may appoint persons as deputy sheriffs to serve civil process, including child support enforcement as provided in 15 V.S.A. § 800, whom the sheriff shall train and supervise. Such deputies need not be qualified law enforcement officers, but if not so qualified shall not have arrest powers, and shall not carry firearms in performance of their duties in serving civil process. (c) The powers of deputy sheriffs with respect to criminal matters and the enforcement of the law may be exercised statewide. Amended 1977, No. 218 (Adj. Sess.), § 4; 1987, No. 122 (Adj. Sess.), § 1, eff. Jan. 26, 1988; 2009, No. 146 (Adj. Sess.), § C20; 2013, No. 49, § 4.

24 V.S.A. § 308 Deputy sheriffs; no compensation for appointment; penalty

308. Deputy sheriffs; no compensation for appointment; penalty (a) A sheriff shall not ask of or receive from his or her deputies any pay, compensation or reward by way of deputation fee, or otherwise, for such appointments. (b) A sheriff who violates a provision of this section shall be fined not more than $200.00 nor less than $50.00. Amended 2017, No. 74, § 69.

24 V.S.A. § 309 Bonds of deputies; liability of sheriff; deputy’s powers and duties

309. Bonds of deputies; liability of sheriff; deputy’s powers and duties A sheriff shall be liable for the official acts and neglects of his or her deputies, and may take bonds of indemnity from them. Such deputies may, and when required, shall perform any official duty which may be required of the sheriff. Returns of their acts and doings shall be signed by them as deputy sheriffs, and their official acts shall be deemed to be the acts of the sheriff.

24 V.S.A. § 310 Repealed. 2013, No. 49, § 5.

24 V.S.A. § 311 Training requirements

311. Training requirements No person may receive an appointment as a deputy sheriff unless he or she has been awarded a certificate by the Executive Director of the Criminal Justice Training Council attesting to his or her satisfactory completion of an approved basic training program, except as provided in section 307(b) of this title. Added 1971, No. 7, § 2, eff. July 1, 1971; amended 1977, No. 218 (Adj. Sess.), § 6.

24 V.S.A. § 312 Jurisdiction of sheriffs

312. Jurisdiction of sheriffs The powers of sheriffs with respect to criminal matters and the enforcement of the law may be exercised statewide. Added 1987, No. 122 (Adj. Sess.), § 2, eff. Jan. 26, 1988; amended 1991, No. 257 (Adj. Sess.), § 5; 2015, No. 2, § 3, eff. March 12, 2015.

24 V.S.A. § 313 Conflict of interest; appearance of conflict of interest

313. Conflict of interest; appearance of conflict of interest (a) Sheriffs and deputy sheriffs are considered public servants for the purposes of 3 V.S.A. § 1202(1). A conflict of interest may also exist when a member of a sheriff’s or deputy sheriff’s immediate family or household, or the sheriff’s or deputy sheriff’s business associate, or an organization with which the sheriff or deputy sheriff is affiliated, interferes with the proper discharge of a lawful duty. A conflict of interest does not include any interest that is not greater than that of other individuals generally affected by the outcome of the matter. (b) A sheriff or deputy sheriff shall avoid any conflict of interest or the appearance of a conflict of interest. When confronted with a conflict of interest or an appearance of a conflict of interest, a sheriff or deputy sheriff shall disclose the conflict of interest to the Sheriff’s Executive Committee, recuse themselves from the matter, and not take further action on the matter. (c) The Department of State’s Attorneys and Sheriffs shall establish procedures for forwarding ethics complaints from any source to the State Ethics Commission based on the procedures set forth in 3 V.S.A. § 1223. (d) Nothing in this section shall require a sheriff or deputy sheriff to disclose confidential information or information that is otherwise privileged under law. “Confidential information,” as used in this subsection, means information that is exempt from public inspection and copying under 1 V.S.A. § 315 et seq. or is otherwise designated by law as confidential. Added 2023, No. 30, § 4, eff. May 31, 2023.

24 V.S.A. § 314 Repealed. 2023, No. 171 (Adj. Sess.), § 2a, eff. June 10, 2024.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/24/005Fetched: 10/21/2026