Cite as: 520 U. S. 781 (1997)
Opinion of the Court
While the county commission thus has no direct control over how the sheriff fulfills his law enforcement duty, the Governor and the attorney general do have this kind of control. Pursuant to § 36-22-5, they can direct the sheriff to investigate "any alleged violation of law in their counties." And after "proceed[ing] promptly" to complete this investigation, the sheriff must "promptly" write a report to the state official in charge of the investigation, stating his findings, listing the witnesses he has secured, and summarizing what the witnesses can prove. Ibid. In addition, the salaries of all sheriffs are set by the state legislature, not by the county commissions. § 36-22-16.
To all of this, petitioner counters with four important provisions that cut in favor of the conclusion that sheriffs are county officials. First, the sheriff's salary is paid "out of the county treasury." Ibid. Second, the county provides the sheriff with equipment (including cruisers), supplies, lodging, and reimbursement for expenses, to the extent "reasonably needed for the proper and efficient conduct of the affairs of the sheriff's office." § 36-22-18. Third, the sheriff's jurisdiction is limited to the borders of his county. See, e. g., § 36-22-3(4) ("It shall be the duty of sheriffs in their respective counties . . . to ferret out crime" (emphasis added)). Fourth, the sheriff is elected locally by the voters in his county (as he has been since Alabama's 1819 Constitution). See Ala. Const. of 1901, Art. V, § 138; Ala. Const. of 1819, Art. IV, § 24.
We do not find these provisions sufficient to tip the balance in favor of petitioner. The county's payment of the sheriff's salary does not translate into control over him, since the county neither has the authority to change his salary nor the discretion to refuse payment completely. The county commissions do appear to have the discretion to deny funds to the sheriffs for their operations beyond what is "reasonably necessary." See Etowah County Comm'n v. Hayes, 569 So. 2d 397, 399 (Ala. 1990) (per curiam). But at most, this
791
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