Schwartzenberger v. McKenzie County Board of County Commissioners

A board of county commissioners may not restrict an elected county sheriff's authority to fire an employee hired by the sheriff except through personnel policies that do not usurp or significantly interfere with the sheriff's authority to fire employee's in the sheriff's office. Gary Schwartzenberger, in his official capacity as the sheriff of McKenzie County, appealed a district court order denying his petition for a writ to prohibit the McKenzie County Board of County Commissioners from taking disciplinary action up to and including termination against a deputy in the sheriff's office. THe North Dakota Supreme Court concluded the Board did not have authority to discipline a deputy in the sheriff's office, and reversed the order denying a writ of prohibition. View "Schwartzenberger v. McKenzie County Board of County Commissioners" on Justia Law