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DISTRICT COURT, GRAND COUNTY, COLORADO 

Post Office Box 192, 307 Moffat Avenue 

Hot Sulphur Springs, CO 80451 

970-725-3357 

Plaintiff: DEBRA A. TURNER 

v. 

Defendant: THE BOARD OF COUNTY COMMISSIONERS 

OF THE COUNTY OF GRAND, STATE OF COLORADO; 

GRAND COUNTY SHERIFF’S DEPARTMENT, also known 

as the Grand County Sheriff’s Office; and RODNEY D. 

JOHNSON, in his official capacity as Sheriff of Grand County.

COURT USE ONLY 

 Case Number: 09CV378 

ORDER 

 This matter comes before the Court on Defendant the Grand County Board of County 

Commissioners’ Motion to Dismiss Plaintiff’s Claims. The Court has previously dismissed 

Plaintiff’s wrongful discharge claim regarding the other defendants in this matter. The issue 

remaining before the Court is whether Plaintiff can assert a breach of employment contract claim 

against the Grand County Board of County Commissioners. The Court reviewed Defendant the 

Grand County Board of County Commissioners’ Motion to Dismiss, Plaintiff’s response, and 

Defendant the Grand County Board of County Commissioners’ reply. The Court finds and rules as 

follows: 

FACTS

 Plaintiff’s complaint arises out of her termination from employment in the Grand County 

Sheriff’s office on December 19, 2008, where she worked as a detentions deputy. 

ISSUES

WHETHER PLAINTIFF MAY ASSERT A BREACH OF EMPLOYMENT 

CONTRACT CLAIM AGAINST THE GRAND COUNTY BOARD OF 

COUNTY COMMISSIONERS FOR HER TERMINATION BY THE GRAND 

COUNTY SHERIFF. 

STANDARD OF REVIEW

In ruling on a motion to dismiss for failure to state a claim upon which relief can be granted, 

all allegations of material fact must be accepted as true and must be viewed in the light most 

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favorable to the plaintiff. Bebo Construction Company v. Mattox & O’Brien, P.C., 998 P.2d 475, 

477 (Colo. App. 2000). In reviewing a motion to dismiss a complaint, the Court is permitted to 

consider only those matters stated in the complaint and must not go beyond the confines of the 

pleadings. Fluid Technology v. CVJ Axles, Inc., 964 P.2d 614, 616 (Colo. App. 1998). 

RULING

The Court grants Defendant the Grand County Board of County Commissioners’ motion to 

dismiss. 

 The Grand County Sheriff and the Grand County Board of County Commissioners are 

separate entities. The Grand County Board of Commissioners is not liable for the action of a county 

deputy under the doctrine of respondeat superior. Tunget v. Board of County Commissioners of 

Delta County, 992 P.2d 650, 651- 652 (Colo. App. 1999) held that: 

 [S]heriffs and boards of county commissioners are treated as separate 

public entities having different powers and responsibilities. Colo.Const. 

art XIV, §§ 8 and 8.5, treat boards of county commissioners and sheriffs 

as separate entities, and various statutory provisions enumerate the 

respective specific responsibilities and powers of a county sheriff, a 

county, and county board of commissioners. See §§ 30-10-501, et seq., 

30-11-101, and 30-11-107, C.R.S. 1998. 

 Tunget specifically emphasized the authority of the Sheriff to appoint deputies and revoke 

appointments. It also emphasized the Sheriff is responsible for the official acts of the deputies and 

for their default or misconduct. Id. at 652. C.R.S. § 30-10-506 was revised in 2006 to say, “Each 

sheriff may appoint as many deputies as the sheriff may think proper and may revoke such 

appointments at will: except that a sheriff shall adopt personnel policies, including policies for the 

review of revocation of appointments.” 

The Court finds the holding Tunget is still good law. Tunget has not been overruled. C.R.S. 

§ 30-10-506, as amended, does not overrule the Sheriff’s authority to appoint and revoke 

appointments. C.R.S. § 30-10-506, as amended, does not shift responsibility over deputies to the 

Board of County Commissioners. 

 WHEREFORE, the Court grants Defendant the Grand County Board of County 

Commissioners’ Motion to Dismiss. 

August 22, 2010 

______________________ ___________________________________ 

Date Mary C. Hoak, District Court Judge 

 

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