7-32-2102. Undersheriff to be appointed -- return to other duties. (1) The sheriff, as soon as possible after he enters upon the duties of his office, must, except in counties of the seventh class, appoint some person undersheriff to hold during the pleasure of the sheriff. Such undersheriff has the same powers and duties as a deputy sheriff.
     (2) A deputy sheriff appointed undersheriff as provided in subsection (1) must resume other duties within the sheriff's department, while maintaining his tenure and seniority, if the sheriff appoints another to succeed him as undersheriff. Upon the return to the position of deputy sheriff, such person shall be paid the same salary he would have received had he not taken the undersheriff position.

     History: En. Sec. 851, 5th Div. Comp. Stat. 1887; amd. Sec. 4382, Pol. C. 1895; re-en. Sec. 3011, Rev. C. 1907; re-en. Sec. 4775, R.C.M. 1921; amd. Sec. 1, Ch. 24, L. 1933; re-en. Sec. 4775, R.C.M. 1935; R.C.M. 1947, 16-2703; amd. Sec. 16, Ch. 220, L. 1985; amd. Sec. 1, Ch. 375, L. 1985.