An Act To Create Greater Accountability in the Office of County Sheriff
Maine Legislature, Session 130, LD 0375
Committee: State and Local Government
Sponsors: KEIM, EVANGELOS, BALDACCI, CYRWAY, DAVIS
Amends: 30-A MRSA §441

Legislative Document
No. 375
S.P. 163
In Senate, February 10, 2021
An Act To Create Greater Accountability in the Office of County 
Sheriff
Received by the Secretary of the Senate on February 8, 2021.  Referred to the Committee 
on State and Local Government pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator KEIM of Oxford.
Cosponsored by Representative EVANGELOS of Friendship and
Senators: BALDACCI of Penobscot, CYRWAY of Kennebec, DAVIS of Piscataquis.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §441, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 
and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is repealed and the 
following enacted in its place:
§441.  Removal of sheriff
1.  Complaint by county commissioners.  Whenever the county commissioners find 
that the sheriff is not faithfully or efficiently performing any duty imposed by this chapter 
or that the sheriff is improperly exercising or acting outside the sheriff's authority, such as 
gross deviation in ethical behavior or engaging in criminal conduct, the commissioners may 
file a complaint with the Governor describing in detail the facts of those actions or 
omissions and requesting that the Governor remove the sheriff from office and appoint 
another sheriff in that office for the remainder of the term.
2.  Requirements of complaint; filing.  The complaint filed under subsection 1 must 
name the accused sheriff, state the charges against the sheriff and be signed by a majority 
of the county commissioners.  The complaint must be filed with the Superior Court of the 
county in which the sheriff serves, and notice must be given to the sheriff.
3.  Court procedures.  Upon receipt of the complaint, the Superior Court shall 
schedule a hearing in which the county commissioners shall present their case to the court 
supported by one or more affidavits and any other evidence.  The sheriff may rebut the 
allegations and provide one or more affidavits and other evidence in defense against the 
complaint.  If the court finds sufficient cause, the court shall forward the matter to the 
Governor for review and may place the sheriff on administrative leave with pay.  If the 
court determines the matter requires more investigation, the court may refer the matter to 
the Attorney General with instructions to report back to the court or to forward the results 
of the investigation to the Governor.
SUMMARY
This bill creates procedures for a majority of the county commissioners of a county to 
file a complaint with the Superior Court in the county to remove the sheriff for improper, 
unethical or criminal behavior.  After a hearing in which evidence may be presented by 
both sides, if the court finds cause, the court is required to forward the matter to the 
Governor for consideration of removal of the sheriff from office and may place the sheriff 
on administrative leave with pay.  If the court determines the matter requires more 
investigation, the court may refer the matter to the Attorney General with instructions to 
report back to the court or to forward the results of the investigation to the Governor.