K.S.A. » Chapter 19
Kansas Statutes Annotated

K.S.A. § 19-805 (2026)

Deputies and undersheriffs; duties; meetings and seminars; budget; limitation of personnel action

✓ current as of May 2026
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19-805. Deputies and undersheriffs; duties; meetings and seminars; budget; limitation of personnel action. (a) In addition to the undersheriff, the sheriff also may appoint, promote, demote and dismiss additional deputies and assistants necessary to carry out the duties of the office, for whose official acts the sheriff is responsible. Persons may also be deputized by such sheriff or undersheriff, in writing, to do particular acts. The sheriff and sureties of the sheriff shall be responsible, on the official bond of the sheriff, for the default or misconduct of the undersheriff and deputies.

(b) Within the limitations of the budget for the financing of the operation of the sheriff's office as approved by the board of county commissioners, the sheriff may attend and may require the undersheriff, deputies and any assistants to attend any meeting or seminars which the sheriff determines will be beneficial to the operation of the sheriff's office.

(c) The sheriff shall submit a budget for the financing of the operation of the sheriff's office to the board of county commissioners for their approval.

(d) Any personnel action taken by the sheriff under this section shall be subject to the following: (1) Personnel policies and procedures established by the board of county commissioners for all county employees other than elected officials; (2) any pay plan established by the board of county commissioners for all county employees other than elected officials; (3) any applicable collective bargaining agreements or civil service system; and (4) the budget for the financing of the operation of the sheriff's office as approved by the board of county commissioners.

History: G.S. 1868, ch. 25, § 103; R.S. 1923, 19-805; L. 1983, ch. 91, § 6; July 1.

Notes of Decisions
Cited in 27 cases (4 in the last 5 years), 1924–2025 · leading case: Bd. of Lincoln Cnty. Comm'rs v. Nielander, 62 P.3d 247 (Kan. 2003).
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Bd. of Lincoln Cnty. Comm'rs v. Nielander, 62 P.3d 247 (Kan. 2003). · cites it 18× “The amici curiae ask this court to find that the Board acted in conflict with K.S.A. 19-805 when it passed the February 28, 2001, resolution and voted to terminate Jackson.”
Denning v. Johnson Cnty. Sheriff's Civil Serv. Bd, 329 P.3d 440 (Kan. 2014). · cites it 19× “Additionally, Denning contends the CSB's decision is not substantially supported by the evidence.”
Denning v. Johnson Sheriff's Civil Serv., 266 P.3d 557 (Kan. Ct. App. 2011). · cites it 16× “19-101a(14) (county may not use home-rule powers to exempt itself from or effect changes to K.S.A. 19-805); K.S.A. 19-805(d) ("Any personnel action taken by the sheriff .”
Couser v. Gay, 959 F.3d 1018 (10th Cir. 2020). · cites it 2× “at 253-54 (quoting Kan. Stat. Ann. § 19-805 (a)). It thus determined that when the board of county commissioners had approved the budget, the sheriff could not be required to obtain advance approval for within-budget purchases.”
Est. of Belden v. Brown Cnty., 261 P.3d 943 (Kan. Ct. App. 2011). · cites it 2× “19-805(a) giving county sheriffs hiring and firing authority within their departments subject only to personnel policies county commissions may adopt as applicable to all county employees other than elected officials, K.S.A. 19-805(d). County commissioners have no authority and,…”
Est. of Holmes v. Somers, 387 F. Supp. 3d 1233 (D. Kan. 2019). · cites it 2× “See K.S.A. 19-805 ; Seifert , 779 F.3d at 1159 ; see Vrabel , 301 Kan.”
Marks v. Lyon Cnty. Bd. of Cnty. Commissioners, 590 F. Supp. 1129 (D. Kan. 1984). · cites it 9× “He bases this liability, not upon any personal acts of Andrews or the Commissioners, but upon K.S.A. § 19-805 which reads: Each sheriff may appoint such and so many deputies as he may think proper, for whose official acts and those of his undersheriffs he shall be responsible,…”
Washington v. Unified Gov't of Wyandotte Cnty., 847 F.3d 1192 (10th Cir. 2017). “*1202 Washington argues Kan. Stat. Ann. § 19-805 (d) requires the Sheriff to act in accordance with personnel policies and procedures, and the limitations outlined in the Policy on Substance Abuse and the HR Guide thus give rise to a property right.”
Hawkins v. Bd. of Cnty. Commissioners of Coffey Cnty. Kan., 376 F. Supp. 3d 1200 (D. Kan. 2019). · cites it 4× “Nielander involved K.S.A. § 19-805(d), which contains similar language regarding a sheriff's authority to hire and fire and states that a sheriff's personnel actions are "subject to," inter alia , county personnel policies.”
State Ex Rel. Stovall v. Meneley, 22 P.3d 124 (Kan. 2001). “See K.S.A. 19-805(d). “Nothing about this communication suggests that Meneley was seeking any advice in a personal capacity regarding his personal or potential personal liability.”
Allen v. Kline, 507 F. Supp. 2d 1150 (D. Kan. 2007). · cites it 4× “K.S.A. § 19-805 provides as follows: (a) In addition to the undersheriff, the sheriff also may appoint, promote, demote and dismiss additional deputies and assistants necessary to carry out the duties of the office, for whose official acts the sheriff is responsible.”
Farris v. Bd. of Cnty. Commissioners of Wyandotte Cnty., 924 F. Supp. 1041 (D. Kan. 1996). · cites it 4× “The sheriff appoints an undersheriff who serves at the pleasure of the sheriff. K.S.A. § 19-803. The sheriff also is entitled to “appoint, promote, demote and dismiss additional deputies and assistants necessary to carry out the duties of the office, for whose official acts the…”
Show all 27 citing cases →
— K.S.A. § 19-805(a) — 11 cases
Bd. of Lincoln Cnty. Comm'rs v. Nielander, 62 P.3d 247 (Kan. 2003). “The amici curiae ask this court to find that the Board acted in conflict with K.S.A. 19-805 when it passed the February 28, 2001, resolution and voted to terminate Jackson.”
Denning v. Johnson Cnty. Sheriff's Civil Serv. Bd, 329 P.3d 440 (Kan. 2014). “Additionally, Denning contends the CSB's decision is not substantially supported by the evidence.”
Est. of Belden v. Brown Cnty., 261 P.3d 943 (Kan. Ct. App. 2011). “19-805(a) giving county sheriffs hiring and firing authority within their departments subject only to personnel policies county commissions may adopt as applicable to all county employees other than elected officials, K.S.A. 19-805(d). County commissioners have no authority and,…”
Denning v. Johnson Sheriff's Civil Serv., 266 P.3d 557 (Kan. Ct. App. 2011). “19-101a(14) (county may not use home-rule powers to exempt itself from or effect changes to K.S.A. 19-805); K.S.A. 19-805(d) ("Any personnel action taken by the sheriff .”
Farris v. Bd. of Cnty. Commissioners of Wyandotte Cnty., 924 F. Supp. 1041 (D. Kan. 1996). “The sheriff appoints an undersheriff who serves at the pleasure of the sheriff. K.S.A. § 19-803. The sheriff also is entitled to “appoint, promote, demote and dismiss additional deputies and assistants necessary to carry out the duties of the office, for whose official acts the…”
— K.S.A. § 19-805(b) — 1 case
Est. of Holmes v. Somers, 387 F. Supp. 3d 1233 (D. Kan. 2019). “See K.S.A. 19-805 ; Seifert , 779 F.3d at 1159 ; see Vrabel , 301 Kan.”
— K.S.A. § 19-805(b)(d) — 2 cases
Ponce v. Sedgwick Cnty., Kansas, Bd. of Cnty. Commissioners (D. Kan. 2025).
Martin v. Sedgwick Cnty., Kansas, Bd. of Cnty. Commissioners Case Consol. for Discovery; All Non-Dispositive filings to be made in Lead Case 24-cv-1124 (D. Kan. 2025).
— K.S.A. § 19-805(c) — 2 cases
Couser v. Gay, 959 F.3d 1018 (10th Cir. 2020). “at 253-54 (quoting Kan. Stat. Ann. § 19-805 (a)). It thus determined that when the board of county commissioners had approved the budget, the sheriff could not be required to obtain advance approval for within-budget purchases.”
Tyler v. Employers Mut. Cas. Co., 49 P.3d 511 (Kan. 2002).
— K.S.A. § 19-805(d) — 8 cases
Bd. of Lincoln Cnty. Comm'rs v. Nielander, 62 P.3d 247 (Kan. 2003). “The amici curiae ask this court to find that the Board acted in conflict with K.S.A. 19-805 when it passed the February 28, 2001, resolution and voted to terminate Jackson.”
Denning v. Johnson Sheriff's Civil Serv., 266 P.3d 557 (Kan. Ct. App. 2011). “19-101a(14) (county may not use home-rule powers to exempt itself from or effect changes to K.S.A. 19-805); K.S.A. 19-805(d) ("Any personnel action taken by the sheriff .”
Denning v. Johnson Cnty. Sheriff's Civil Serv. Bd, 329 P.3d 440 (Kan. 2014). “Additionally, Denning contends the CSB's decision is not substantially supported by the evidence.”
Hawkins v. Bd. of Cnty. Commissioners of Coffey Cnty. Kan., 376 F. Supp. 3d 1200 (D. Kan. 2019). “Nielander involved K.S.A. § 19-805(d), which contains similar language regarding a sheriff's authority to hire and fire and states that a sheriff's personnel actions are "subject to," inter alia , county personnel policies.”
State Ex Rel. Stovall v. Meneley, 22 P.3d 124 (Kan. 2001). “See K.S.A. 19-805(d). “Nothing about this communication suggests that Meneley was seeking any advice in a personal capacity regarding his personal or potential personal liability.”
— K.S.A. § 19-805(d)(l) — 1 case
Farris v. Bd. of Cnty. Commissioners of Wyandotte Cnty., 924 F. Supp. 1041 (D. Kan. 1996). “The sheriff appoints an undersheriff who serves at the pleasure of the sheriff. K.S.A. § 19-803. The sheriff also is entitled to “appoint, promote, demote and dismiss additional deputies and assistants necessary to carry out the duties of the office, for whose official acts the…”
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