Also, the court noted that the sheriff is an elected officer serving as an officer of the court and the sheriff's duties include custody of prisoners and care and maintenance of the county jail. Thus, the court found that the sheriff discharges civil and criminal duties and is an independent agent. The sheriff's deputies are employed by him personally, not by the county, and therefore the court concluded that the sheriff and his deputies are one and the same legally. Sheriffs and deputy sheriffs no longer form a category separate and distinct from municipal police officers. Peace officers have different law enforcement authority than police officers.
Police officers have primary and general law enforcement obligations.
See , Criminal Procedure Law 120.10, 140.10, 690.25. Peace officers have more specialized law enforcement responsibilities focused on a particular locale and criminal activity and their powers are subject to employer regulation. Thus, sheriffs and deputy sheriffs currently are police officers, not peace officers. Their powers under State law are the same as members of any other police department. In our view, sheriffs and deputy sheriffs are members of a police force subject to the Election Law restrictions.