Committee recommends raising county sheriff age disqualification from 70 to 75

A legislative committee recommended passage of a proposed constitutional amendment that would raise the age at which a county sheriff becomes disqualified from office from 70 to 75.

The Criminal Justice and Public Safety Committee voted 9–7 in executive session to report CACR 8 "ought to pass." Senator Daryl Abbas, the bill's prime sponsor, told the committee the amendment is intended to keep experienced elected sheriffs in office as agencies face recruitment and retention problems. "All it would do would raise the disqualification, or I call it mandatory retirement age, for a county sheriff from 70 to 75," Abbas said.

The measure would change a constitutional disqualification for county sheriffs, not create a new office or impose new duties. Abbas said the current age requirement dates to the 18th century and that the committee should let voters decide who is suited for elected law-enforcement office. "I would even support if you just remove the age disqualification altogether," Abbas said, adding that the committee proposed a modest increase to 75 for the ballot.

Sheriffs who testified during the public hearing told the committee they use largely administrative and managerial skills and that age alone is not a reliable indicator of fitness to serve. Chuck Macias, sheriff of Rockingham County, said experience and judgment make older sheriffs valuable to communities and that forcing retirement at 70 can remove experienced leaders. "Age alone doesn't determine [an individual's] ability to lead," Macias said. Sheriff Bill Wright of Belknap County said a sheriff is often a chief executive for a county law-enforcement agency and that the public elects sheriffs so voters should decide whether someone remains fit to serve.

Committee members asked whether sheriffs who turn 70 midterm must step down; Abbas confirmed current practice requires resignation if an official reaches the disqualification age during a term. Abbas said that under CACR 8 a sheriff who reaches 75 in the middle of a term would have to resign under the draft language, and the sponsor said he was open to alternate drafting but favored raising the age to 75.

In executive session Representative LaSalle moved the committee report and Representative Morency seconded. The roll call recorded nine votes in favor and seven opposed; the motion carried and the committee filed an "ought to pass" recommendation on CACR 8.

The committee asked for a minority report and a member volunteered to prepare it before the bill moves to the next stage of the legislative process.

What the measure would do next: because CACR 8 would change constitutional language it is being positioned for placement on a ballot question if it proceeds; the committee recommendation does not itself adopt the change.