Attention: This is not a current document. It is an excerpt from the Web page of the former Colorado governor, Roy Romer. It is displayed by the Colorado State Archives for its historical value.

June 2, 1998

The Honorable Colorado Senate
Sixty-first General Assembly
Second Regular Session
Denver, CO 80203

Ladies and Gentlemen:

I am returning to the Secretary of State Senate Bill 98-199, "Concerning Qualifications for the Office of Sheriff," which I vetoed today at 9:40 A.M. . This letter sets forth my reasoning for vetoing the bill.

This bill restates the current law we passed in 1997 that requires sheriffs to be certified as peace officers by the Colorado Peace Officer Standards and Training (POST) Board. If a sheriff is not certified, current law requires the county commissioners to suspend the sheriff's pay. The chief change in the bill is that it moves this requirement from the "training" section of the law to the "qualifications" section of the law.

I support the efforts of the General Assembly, the POST Board, and the law enforcement community to increase the skills and qualifications of our law enforcement officials. However, the current law is now under review in Jackson v. Colorado, pending before the Colorado Supreme Court. One of the issues of this case is the constitutionality of withholding the pay of a sheriff. This case was argued to the Court on May 7, the day after the General Assembly adjourned.

If the Court upholds the existing law, then this bill is arguably unnecessary. If it overturns the law, this bill probably would be unconstitutional, because the same issues are at stake. Therefore, I believe that the appropriate time for the General Assembly to make changes - if any are necessary - is after we receive a ruling and guidance from the Supreme Court.

For these reasons, I have vetoed Senate Bill 199.

Last modified June 18, 2003