SF0077 • 2011

County officers removal from office.

AN ACT relating to county officers; repealing provisions for removal of county officers by boards of county commissioners; providing clarification for removal of county officers for misconduct or malfeasance; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Senator Geis
Last action: 2011-02-18
Official status: enrolled
Effective date: 7/1/2011

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0077H2001

2nd reading • STUBSON

Adopted

Plain English: Adopted 2nd reading by STUBSON

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

SF0077HW001

Committee of the Whole • STUBSON

Adopted

Plain English: Adopted Committee of the Whole by STUBSON

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

SF0077S2001

2nd reading • COOPER

Adopted

Plain English: Adopted 2nd reading by COOPER

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

SF0077SS001

Standing Committee • CASE

Adopted

Plain English: Adopted Standing Committee by CASE

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

2011-02-18 LSO
Assigned Chapter Number
2011-02-18 Governor
Governor Signed SEA0027
2011-02-16 House
H Speaker Signed SEA No. 0027
2011-02-16 Senate
S President Signed SEA No. 0027
2011-02-15 LSO
Assigned Number SEA0027
2011-02-15 Senate
S Did Concur
2011-02-14 Senate
S Received for Concurrence
2011-02-14 House
H Passed 3rd Reading
2011-02-11 House
H Passed 2nd Reading
2011-02-11 House
Amendment Adopted
2011-02-10 House
H Passed CoW
2011-02-10 House
H Amendments Adopted
2011-02-10 House
Amendment Adopted
2011-02-08 House
H Placed on General File
2011-02-08 House
H07 Recommended Do Pass
2011-02-01 House
H Introduced and Referred to H07
2011-01-27 House
H Received for Introduction
2011-01-25 Senate
S Passed 3rd Reading
2011-01-24 Senate
S Passed 2nd Reading
2011-01-24 Senate
Amendment Adopted
2011-01-21 Senate
S Passed CoW
2011-01-21 Senate
S Amendments Adopted
2011-01-21 Senate
Amendment Adopted
2011-01-19 Senate
S Placed on General File
2011-01-19 Senate
S07 Recommended Amend and Do Pass
2011-01-11 Senate
S Introduced and Referred to S07
2011-01-11 Senate
S Received for Introduction
2011-01-10 LSO
Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
SF0077
Drafter:

LGC

LSO No.:
11LSO-0300
Effective Date:

7/1/2011

Enrolled Act No.:
SEA0027

Chapter No.:
41

Prime Sponsor:
Senator
Geis

Catch Title:
County
officers removal from office.

Subject:
Amending
process for removal of county officers.

Summary/Major Elements:

Under
current law, a board of county commissioners may declare the office of a county
officer vacant under certain circumstances. This act repeals the statutes
allowing county commissioners to make that declaration.

Under
current law qualified electors may file a complaint with the governor to remove
a county officer for misconduct or malfeasance. This act allows county
commissioners to make that complaint to the governor as well.

This act
defines misconduct or malfeasance giving rise to removal of a county officer to
include instances when:

The officer
is absent from his office for an aggregate of sixty days in any three month
period unless the absence is due to illness or disability.

The officer
is absent from his office for more than ninety days due to an illness or
disability that will probably not terminate during the unexpired portion of the
officer's term of office.

This act
repeals provisions allowing county commissioners to remove county officers when
the county commissioners believe the officer has been guilty of "any
palpable omission of duty, willful or corrupt oppression or partiality in the
discharge of his official duties, demanding or receiving any pay for the
performance of the duties of his office to which he is not entitled or any
other act which by statute is in violation of his official oath and bond".

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0077

ENROLLED ACT NO. 27, SENATE

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to
county officers; repealing provisions for removal of county officers by boards of county commissioners; providing clarification for removal of county officers for misconduct or malfeasance;
specifying how a vacated office is filled; specifying the applicability of other law;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 18
‑
3
‑
902
(a) and
by creating new subsection
s
(f)
through (h)

and 18
‑
3
‑
905 are
amended to read:

18
‑
3
‑
902.

Governor to direct district attorney or attorney general to commence action; petition served with summons; pleading; trial; judgment; change of judge.

(a)

Whenever it appears to the governor on the verified complaint of qualified electors
or the board of county commissioners
of the county that any county officer is guilty of misconduct or malfeasance in office he may direct the
district attorney for the county or the

attorney general to commence and prosecute an action in the district court of the county in which the officer is an official asking for the removal of the officer. The action shall be commenced by the filing of a verified petition in the name of the state of
Wyoming
signed by the
district attorney or the

attorney general setting forth the facts constituting the misconduct or malfeasance in office.

(f)

As used in this section, "misconduct or malfeasance" includes, but is not limited to, instances when:

(i)

The officer absents himself from his office for an aggregate of sixty (60) days in any three (3) month period unless such absence is caused
by illness or other disability;

(ii)

The officer is absent from his office for more than ninety (90) days because of illness or other disability and
the
illness or disability will probably not terminate during the unexpired portion o
f the officer's term of office.

(g)

Whenever a vacancy occurs in any county office under the provisions of this section, it shall be filled as provided by law
.

(h)

This section is supplemental to all other statutes concerning removal of county officers.

18
‑
3
‑
905.

Criminal statutes neither repealed nor barred.

Nothing in W.S.
18
‑
3
‑
901
18
‑
3
‑
902
through 18
‑
3
‑
904 shall be construed as repealing any law making it a crime or misdemeanor for county officers to violate statutes of this state and providing a punishment for the violation. Proceedings under W.S.
18
‑
3
‑
901
18
‑
3
‑
902
through 18
‑
3
‑
904 shall not bar proceedings under any criminal statute.

Section 2.

W.S. 18
‑
3
‑
901 and 18
‑
3
‑
907 are repealed.

Section
3
.

This act is effective July 1, 2011.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk