In Alabama, the legal protections and employment rights of sheriff’s deputies differ significantly from those of municipal police officers or state troopers. This difference is rooted in the unique constitutional and statutory framework governing sheriffs and their deputies.
Sheriffs as Constitutional Officers
The Alabama Constitution provides that each county shall have a sheriff. Because of this constitutional status, Alabama appellate courts have long held that a sheriff is a constitutional officer, not a typical county employee.
In addition, the courts have consistently described sheriff’s deputies as the “alter ego” of the sheriff. This means that, legally speaking, the actions of a deputy are considered the actions of the sheriff himself. This relationship has significant implications for employment rights, discipline, and due process protections.
Constitutional Immunity vs. State-Agent Immunity
One of the most important differences lies in the type of legal immunity available:
- Sheriffs and Deputies: They enjoy constitutional immunity, which is broader and more absolute than the state-agent immunity afforded to other law enforcement officers.
- Municipal Police Officers & State Troopers: These officers are subject to the State Merit System Act and have state-agent immunity.
Because sheriffs are constitutional officers, they are not bound by the same civil service protections that apply to many other public employees.
Exemption from the State Merit System
The Alabama Code expressly exempts officers elected by the people—such as sheriffs—from the State Merit System Act (§ 36-26-10(a) and § 36-26-10(b)).
As a result:
- Sheriffs are not subject to the merit system’s due process requirements.
- Sheriff’s Deputies, as the alter ego of the sheriff, are also exempt—even though appellate courts have classified them as state employees for certain purposes.
Due Process Protections for Other Officers
By contrast, law enforcement officers covered by the State Merit System—such as municipal police officers and state troopers—are entitled to:
- Pre-disciplinary hearings to contest allegations before discipline is imposed.
- Pre-termination hearings to argue against termination.
- The right to appeal a termination to the State Personnel Board.
Under § 36-26-27(b), certain classified state employees may only be terminated for cause following a pre-termination hearing.
Sheriff’s deputies do not receive these protections unless the sheriff’s own departmental policies voluntarily provide them.
Key Case Law
In Blount County Commission v. Sherrill, 77 So. 3d 1196 (Ala. Civ. App. 2010), the court addressed the due process rights of sheriff’s deputies and reaffirmed that:
- Deputies are not covered by the Merit System Act.
- Deputies do not have a statutory right to pre-disciplinary or pre-termination hearings unless the sheriff’s internal policies grant them.
The Bottom Line
While sheriff’s deputies may be considered state employees for classification purposes, they do not enjoy the same due process protections as officers under the State Merit System. Unless the sheriff’s office has adopted its own procedures, deputies can be disciplined or terminated without the hearings and appeal rights available to many other law enforcement officers in Alabama.
This distinction makes it critical for deputies to understand both their unique constitutional status and the limitations of their employment protections.
If you’re a law enforcement officer or public employee facing employment or disciplinary issues in Alabama, it’s important to understand your rights. Contact Hayden G. Sizemore, Attorney at Law, LLC for experienced representation in administrative and employment-related matters.
Hayden Glass Sizemore 