Linehan v. Rockingham County Commissioners

855 A.2d 1271, 151 N.H. 276, 2004 N.H. LEXIS 133
CourtSupreme Court of New Hampshire
DecidedJuly 16, 2004
DocketNo. 2003-826
StatusPublished
Cited by10 cases

This text of 855 A.2d 1271 (Linehan v. Rockingham County Commissioners) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Linehan v. Rockingham County Commissioners, 855 A.2d 1271, 151 N.H. 276, 2004 N.H. LEXIS 133 (N.H. 2004).

Opinion

DUGGAN, J.

The petitioner, J. Daniel Linehan, High Sheriff (sheriff), appeals a ruling of the Superior Court (Mangones, J.) granting in part and denying in part his petition for declaratory judgment and other equitable relief. We affirm.

The sheriff filed a petition for declaratory judgment and other equitable relief asserting that the respondents, the Rockingham County Commissioners (commissioners), have impermissibly interfered with his constitutional, statutory and common law authority to administer the Rockingham County Sheriffs Department. This case is the culmination of long-standing disagreements between the sheriff and the commissioners on issues relating to county governance and the management of county financial affairs.

[278]*278In his petition for declaratory judgment, the sheriff specifically challenged the commissioners’ authority to require him to comply with certain county-wide policies' and procedures relating to budgetary control, financial reporting and internal financial controls, the line-item transfer policy, the payment Of wages and benefits to sheriffs department personnel and the authority to purchase goods and services for the sheriffs department. After a bench trial, the trial court issued a lengthy and comprehensive order.

On appeal, the sheriff argues that the trial court erred when it distinguished between law enforcement and non-law enforcement functions when allocating authority between the sheriff and the commissioners. The sheriff further argues that the trial court erred in ruling that: (1) the commissioners have the power to establish county-wide personnel policies and procedures which set the terms and conditions of the employment of non-deputy personnel; (2) the commissioners have the authority to make line-item transfers within the sheriffs budget and from the sheriff’s budget into the budget of another county department; (3) the commissioners have the authority to institute a county-wide spending freeze, which freezes expenditures from the sheriffs budget; (4) the sheriff does not have the authority to set the standards for the purchase of non-law enforcement goods and services for the operation of the sheriffs department; and (5) the only exception to its rulings is that a policy, procedure or action instituted by the commissioners may not directly interfere with the sheriff and his deputies’ performance of their law enforcement duties.

The issues raised by this appeal call upon us to interpret the statutes that relate to the commissioners’ authority, see RSA ch. 28 (2000), the county convention’s authority, see RSA ch. 24 (2000 & Supp. 2003), and the sheriffs authority, see RSA ch. 104 (2001). In addition, we must interpret the State Constitution as it applies to the sheriffs authority. N.H. CONST. pt. II, arts. 38,71. We review the trial court’s interpretation of the statutes and the constitution de novo. Monahan-Fortin Properties v. Town of Hudson, 148 N.H. 769, 771 (2002); State v. McLellan, 149 N.H. 237, 240 (2003).

I. Allocation of authority

First, the sheriff argues that the trial court erred in distinguishing between law enforcémeñt and non-law enforcement functions when allocating authority between the sheriff and the commissioners. Specifically, the sheriff argues that, because he is a constitutional officer, he has the exclusive authority to administer the sheriffs department, including the provision of law enforcement services and all other [279]*279operations of the department, so long as he complies with the sheriffs department budget. We disagree.

Part II, article 71 of the New Hampshire Constitution provides that “sheriffs ... shall be elected by the inhabitants of the several towns, in the several counties in the state, according to the method now practiced, and the laws of the state.” Except for the authority to deliver writs of impeachment, N.H. Const, pt. II, art. 38, there are no other express powers granted to the sheriff in the constitution.

“Where the sheriff is named in the Constitution his duties are the same as they were at the time the Constitution was adopted.” 1 W. Anderson, Sheriffs, Coroners and Constables § 43, at 37 (1941). His duties and authority, however, are not rendered unalterable by virtue of the sheriff being a constitutional officer. See Daniels v. Hanson, 115 N.H. 445, 448 (1975). The sheriffs duties and responsibilities, “unless expressly prescribed by the state constitution, are not immutable or exclusive, but are subject to legislative alteration and control.” 70 Am. Jur. 2d Sheriffs, Police, and Constables § 56, at 270 (1987). “[T]he legislature is entirely at liberty to increase, decrease, or modify the powers and duties incident to this position.” Id. § 2; see, e.g., Soper v. Montgomery County, 449 A.2d 1158, 1161 (Md. 1982); In re Supervision and Assignment of Petit Jury Panels, 292 A.2d 4, 6 (N.J. 1972). Thus, the sheriff maintains his common law powers, duties and responsibilities as they were at the time the constitution was adopted, except insofar as they have been modified by constitutional provisions or legislative enactments. Daniels, 115 N.H. at 448.

At common law, the sheriff was the chief law enforcement officer of the county. Id. at 449. Generally, the sheriffs common law powers included conserving public peace, preserving public order, preventing and detecting crime, enforcing criminal laws by, among other things, raising a posse and arresting persons who commit crimes in their presence, providing security for courts, serving criminal warrants and other writs and summonses, and transporting prisoners. South v. Maryland, 59 U.S. 396, 402 (1855). Although the sheriff retains his common law duties, the legislature has modified them. See, e.g., RSA ch. 105 (2001) (providing for local police officers and State police).

To the extent the non-law enforcement functions of the sheriffs office were part of the sheriffs common law duties, the legislature has modified these responsibilities by vesting the authority to manage and control county affairs in the county government. The county government consists of “two sets of officers, —the county convention and the county commissioners.” Brown v. Grafton County, 69 N.H. 130, 131 (1896). The [280]*280county convention is comprised of the State representatives for the districts of each county, RSA 24:1, and has “the power to raise county taxes, make appropriations, and authorize the purchase or sale of county real estate,” Burling v. Speaker of the House, 148 N.H. 143, 152 (2002) (quotation omitted). The county commissioners are elected by the voters in each county commissioner district in the county, RSA 653:1 (Supp. 2003), and “have the general management and control of the financial affairs of the county and the management and control of its property except as limited by the powers conferred on the county convention,” O’Brien v. County, 80 N.H. 522, 524 (1923) (quotation omitted).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Schwartzenberger v. McKenzie County Board of County Commissioners
2017 ND 211 (North Dakota Supreme Court, 2017)
Christopher v. Sussex County
77 A.3d 951 (Supreme Court of Delaware, 2013)
Lovejoy v. Linehan
20 A.3d 274 (Supreme Court of New Hampshire, 2011)
Judicial Retirement Plan v. SEC. of State
7 A.3d 1166 (Supreme Court of New Hampshire, 2010)
In RE STATE (STATE v. Johanson
932 A.2d 848 (Supreme Court of New Hampshire, 2007)
Baines v. New Hampshire Senate President
876 A.2d 768 (Supreme Court of New Hampshire, 2005)
Appeal of Franklin Lodge of Elks 1280 BPOE
864 A.2d 325 (Supreme Court of New Hampshire, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
855 A.2d 1271, 151 N.H. 276, 2004 N.H. LEXIS 133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/linehan-v-rockingham-county-commissioners-nh-2004.