Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

387.20 SALARIES, FEES, BUDGETS; APPEALS.
    Subdivision 1. Counties under 75,000. (a) The sheriffs of all counties of the state with less
than 75,000 inhabitants according to the 1960 federal census shall receive yearly salaries for all
services rendered by them for their respective counties, not less than the following amounts
according to the then last preceding federal census:
(1) in counties with less than 10,000 inhabitants, $6,000;
(2) in counties with 10,000 but less than 20,000 inhabitants, $6,500;
(3) in counties with 20,000 but less than 30,000 inhabitants, $7,000;
(4) in counties with 30,000 but less than 40,000 inhabitants, $7,500;
(5) in counties with 40,000 or more inhabitants, $8,000.
(b) In addition to such salary each sheriff shall be reimbursed for all expenses incurred in the
performance of official duties for the sheriff's county and the claim for such expenses shall be
prepared, allowed, and paid in the same manner as other claims against counties are prepared,
allowed, and paid except that the expenses incurred by such sheriffs in the performance of service
required of them in connection with insane persons either by a district court or by law and a per
diem for deputies and assistants necessarily required under such performance of such services
shall be allowed and paid as provided by the law regulating the apprehension, examination, and
commitment of insane persons; provided that any sheriff or deputy receiving an annual salary
shall pay over any per diem received to the county in the manner and at the time prescribed by the
county board, but not less often than once each month.
(c) All claims for livery hire shall state the purpose for which such livery was used and have
attached thereto a receipt for the amount paid for such livery signed by the person of whom it
was hired.
(d) A county may pay a sheriff or deputy as compensation for the use of a personal
automobile in the performance of official duties a mileage allowance prescribed by the county
board or a monthly or other periodic allowance in lieu of mileage. The allowance for automobile
use is not subject to limits set by other law.
    Subd. 2. Board procedure, details. (a) The county board of each of the counties specified
in this section annually shall set by resolution the salary of the county sheriff which shall be
paid to the county sheriff at such intervals as the board shall determine, but not less often than
once each month.
(b) At the January meeting prior to the first date on which applicants may file for the office
of county sheriff the board shall set by resolution the minimum salary to be paid the county
sheriff for the term next following.
(c) In the event a vacancy occurs in the office of county sheriff, the board may set the annual
salary for the remainder of the calendar year at an amount less than was set for that year.
(d) The board in any case specified in this subdivision may not set the annual salary at an
amount less than the minimum provided in this subdivision, but it may set the salary in excess
of such minimums.
(e) The salary of the county sheriff shall not be reduced during the term for which the sheriff
was elected or appointed.
    Subd. 3.[Repealed, 1975 c 301 s 16]
    Subd. 4. Other maximums, minimums. This section shall not be construed as repealing any
existing law which provides for a higher minimum salary in any county than the amount provided
in subdivision 1, but shall be deemed to supersede the provisions of any act setting a maximum
salary for the county sheriff in any of the counties specified in subdivision 1.
    Subd. 5. Fees, expenses, per diems. The county sheriff shall charge and collect all fees and
per diems prescribed by law and may require such fees and per diems to be paid before performing
the services for which they are charged. The sheriff shall pay all such fees and per diems to the
county in the manner and at the times prescribed by the county board, but not less often than once
each month. The sheriff shall not retain any additional compensation or other emolument for
services in any activity of county government. For purposes of this subdivision, (1) the expenses
of the sheriff incurred in the performance of official duties for the county, (2) uniform allowances,
(3) mileage and travel allowances, except as the board shall have furnished motor vehicles
pursuant to Minnesota Statutes 1961, section 387.29, (4) living quarters provided by the county,
and (5) payments for boarding prisoners, shall not be deemed an emolument of the office.
    Subd. 6. Budget. The county board by resolution shall provide the budget for:
(1) the salaries of deputies, jailers, matrons, bailiffs, clerks and other employees in the
office of the sheriff;
(2) other expenses necessary in the performance of the duties of said office, including the
reimbursement of the sheriff or a designee for necessary and reasonable expenses incurred in
furnishing board, laundry and other services to prisoners in the county jail, provided that the
county board may at its option provide for the furnishing of these services to the prisoners;
(3) the payment of premiums of any bonds or license fees required of the sheriff or any
deputy or other employee in said office; and
(4) mileage allowances prescribed by the board and the board is authorized to appropriate
funds therefor and for the salary of the sheriff.
    Subd. 7. Appeal on salary, budget. The sheriff, if dissatisfied with the action of the county
board in setting the amount of the sheriff's salary or the amount of the budget for the office of
sheriff, may appeal to the district court on the grounds that the determination of the county board
in setting such salary or budget was arbitrary, capricious, oppressive or without sufficiently taking
into account the extent of the responsibilities and duties of said office, and the sheriff's experience,
qualifications, and performance. The appeal shall be taken within 15 days after the date of the
resolution setting such salary or budget by serving a notice of appeal on the county auditor and
filing same with the court administrator of the district court. The court either in term or vacation
and upon ten days' notice to the chair of the board shall hear such appeal. On the hearing of the
appeal the court shall review the decision or resolution of the board in a hearing de novo and may
hear new or additional evidence, or the court may order the officer appealing and the board to
submit briefs or other memoranda and may dispose of the appeal on such writings. If the court
shall find that the board acted in an arbitrary, capricious, oppressive or unreasonable manner or
without sufficiently taking into account the extent of the responsibilities and duties of the office of
the sheriff, the sheriff's experience, qualifications, and performance, it shall make such order to
take the place of the order appealed from as is justified by the record and shall remand the matter
to the county board for further action consistent with the court's findings. After determination of
the appeal the county board shall proceed in conformity therewith.
    Subd. 8. Time of effect. The provisions of subdivisions 1 to 7 shall take effect in the
respective counties specified in subdivisions 1 to 7 as follows:
(1) upon the expiration of the term of the incumbent holding the office on July 1, 1965; or
(2) upon the occurrence prior thereto of a vacancy in the office of county sheriff; or
(3) subsequent to July 1, 1965, and upon not less than 30 days' written notice by the sheriff,
the county board shall make the provisions of subdivisions 1 to 7 effective on the first day of the
month following the expiration of the notice period.
    Subd. 9. Inconsistent law superseded. All laws relating to the salary, fees, and deputies and
clerk hire for the county sheriff inconsistent herewith are superseded.
History: 1917 c 312 s 1; 1957 c 492 s 1; 1965 c 840 s 1-3; 1969 c 1151 s 2,3; 1973 c 156 s
1; 1975 c 94 s 1,2; 1976 c 88 s 1; 1980 c 519 s 2,3; 1985 c 281 s 10; 1986 c 444; 1Sp1986 c
3 art 1 s 82; 1995 c 189 s 8; 1996 c 277 s 1