Topeka There seems to be some conflict in state law on who is next in line if a sheriff leaves office or is forced out of the job.
Douglas County Sheriff Kenneth McGovern testified Tuesday in favor of Senate Bill 494, which states that the undersheriff will take over if there is a vacancy in the office of sheriff.
“An undersheriff is most likely best qualified to take on this responsibility in the absence of the sheriff,” McGovern told the Senate Judiciary Committee.
Under one state statute, however, the replacement would be the county clerk. Some legislators said the county clerk only would be in charge of jail operations if the sheriff had been arrested and put in the county lockup.
The committee took no action on the bill.