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County counsel: undersheriff acts immediately if sheriff's office is vacant; Board must appoint interim until next general election
Summary
San Mateo County counsel told the Independent Civilian Advisory Commission that if the office of sheriff becomes vacant the undersheriff — or the next senior deputy — acts immediately, and the Board of Supervisors must appoint an interim who would serve until the first Monday after the next general election.
San Mateo County counsel told the Independent Civilian Advisory Commission that if the office of sheriff becomes vacant the undersheriff — or, if vacant, the assistant sheriff or next chief deputy in line — will immediately discharge the duties of sheriff, but the Board of Supervisors is required to appoint someone to fill the vacancy until the next applicable general election.
A county attorney’s presentation summarized the relevant state law: "If the office of the sheriff becomes vacant, the duties of the sheriff shall be discharged by the under sheriff, or if that position is vacant, by the assistant sheriff or the next chief deputy…
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