INDEPENDENCE, KAN. ? The Montgomery County sheriff agreed Tuesday to take retirement after a hearing on an ouster petition filed against Daniels by Kansas Atty. Gen. Phill Kline.

Sheriff Jack Daniels agreed to pursue his retirement benefits through the Kansas Public Employees Retirement System. He will remain on suspension with pay.

The ouster action was undertaken last Wednesday, alleging that Daniels was unfit for office based on mental impairment and willful misconduct. The sheriff was briefly held in protective custody Wednesday until an initial mental evaluation determined he was not a danger to himself or others. He was released later that day.

Daniels lost his re-election bid Aug. 3 to retired Kansas Highway Patrol Lt. Stan Veach in the Republican primary election. Veach now faces Democrat Rick Pell in the Nov. 2 general election.

Daniels’ term would have run through January.

Linn County District Judge Richard M. Smith directed that Undersheriff Richard George serve as acting sheriff.