An Act Regarding County Law Enforcement Administration and
Maine Legislature, Session 132, LD 1741
Committee: State and Local Government
Sponsors: STOVER
Amends: 30-A MRSA §356, 30-A MRSA §371-B, 30-A MRSA §381, 30-A MRSA §385, 30-A MRSA §407, 30-A MRSA §459

Legislative Document
No. 1741
H.P. 1159
House of Representatives, April 22, 2025
An Act Regarding County Law Enforcement Administration and 
Rural Law Enforcement
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative STOVER of Boothbay.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §356 is enacted to read:
§356.  Employment and discipline by sheriff
A board of county commissioners or a personnel board shall give deference and the 
rebuttable presumptions of fairness and professional necessity to the decision of a sheriff 
to not reappoint a deputy or to dismiss, suspend or otherwise discipline a deputy or 
subordinate employee, subject to the applicable procedures and standards under section 
and any applicable collective bargaining agreement. If a board of county 
commissioners or a personnel board receives sufficient evidence to overcome the rebuttable 
presumptions of fairness or professional necessity, the sheriff or the sheriff's designee must 
be afforded an opportunity to be heard on the evidence before any action is taken to alter 
or overturn a sheriff's decision to not reappoint a deputy or to dismiss, suspend or otherwise 
discipline a deputy or subordinate employee.
Sec. 2.  30-A MRSA §371-B, sub-§2, as repealed and replaced by PL 1997, c. 562, 
Pt. D, §6 and affected by §11, is amended to read:
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.  If the county 
committee submits one or more recommendations to the Governor, the acting sheriff 
pursuant to section 385, subsection 1 must be included for consideration for appointment.
Sec. 3.  30-A MRSA §381, sub-§3, ¶A, 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 
further amended to read:
A.  The failure decision of a sheriff to not reappoint a deputy, except for appointment 
at the end of the probationary period, is subject to the procedures and standards for 
dismissal of an applicable collective bargaining agreement.
Sec. 4.  30-A MRSA §385, sub-§1, 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 further 
amended to read:
1.  Chief deputy's powers.  If the office of sheriff becomes vacant because of death, 
resignation or otherwise, the chief deputy shall have becomes the acting sheriff and has and 
may exercise the same rights and powers and be is subject to the same duties and liabilities 
as a sheriff until the vacancy in the office of sheriff is filled as provided in the Constitution 
of Maine and the new sheriff has qualified under law.
Sec. 5.  30-A MRSA §407 is enacted to read:
§407.  County law enforcement operations
1.  Expenses allowed.  County commissioners shall provide to the sheriff serving the 
county sufficient funds for all office expenses, clerk hire and travel, including, but not 
limited to, funds for:
A.  Consultation and services of experts and independent legal advisors; 
B.  Recruitment and training of law enforcement personnel;  
C.  Training, membership fees for organizations and educational materials that may aid 
the sheriff and sheriff's office personnel in law enforcement administration; and
D. Strategic planning and budget preparation.
2.  Office space.  The county commissioners shall provide to the sheriff serving the 
county office space suitable for the performance of the duties of office, including sufficient 
private area for research, conferences and meetings with and for deputies, witnesses, 
complainants and citizens.  If office space is not available on county property, the county 
commissioners shall provide sufficient funds to the sheriff for the rental of suitable quarters 
at locations convenient to the jail and courthouses within the county.
Sec. 6.  30-A MRSA §459, 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.
SUMMARY
This bill does the following.
1. It requires a board of county commissioners or a personnel board to give deference 
and the rebuttable presumptions of fairness and professional necessity to a sheriff's decision 
to not reappoint a deputy or to dismiss, suspend or otherwise discipline a deputy or 
subordinate employee.
2. It stipulates that if the county committee of a political party submits one or more 
recommendations to fill a vacancy in the sheriff's office to the Governor, the acting sheriff 
must be included for consideration for appointment.
3. It stipulates that if the office of sheriff becomes vacant because of death, resignation 
or otherwise, the chief deputy becomes the acting sheriff.
4. It provides to the sheriff serving the county sufficient funds for all office expenses, 
clerk hire and travel.
5. It clarifies that a decision of a sheriff to not reappoint a deputy, except for 
appointment at the end of the probationary period, is subject to the procedures and 
standards for dismissal of an applicable collective bargaining agreement.
6. It repeals the provision of law allowing a county to undertake administrative, 
management and supporting functions required to implement the law enforcement 
functions authorized by law.