Commissioners defend decision
Robbinsville – The appointment of a new Graham County Sheriff may turn into a legal battle.
Monday night, the Graham County Republican Party approved the nomination of Jerry Crisp, a county native who has 35 years of law enforcement experience and is currently a Captain with the Graham County Sheriff’s Office.
During a special called meeting at noon Tuesday, the Graham County Board of Commissioners accepted the resignation of former Sheriff Joseph Jones, but a motion to approve Crisp as his successor failed to carry.
The issue? Both sides are citing N.C. General Statute 162-5.1 as the reasoning behind their respective stances. The statute details the protocol to be followed once a sheriff vacancy occurs in select counties across the state, including Graham.
“According to North Carolina General Statute 162-5.1, the Board of Commissioners will consult with the county executive committee of the Republican Party for a recommendation,” reads a statement sent to The Graham Star from the Board of Commissioners, received Tuesday afternoon. “The Board of Commissioners fulfilled that obligation shortly following the submittal of Sheriff Jones’ resignation. The Republican Executive Committee were required to meet and make a recommendation to the Board of Commissioners within 30 days of the resignation. This was fulfilled by the Republican Executive Committee on Monday, July 6, 2020.
“The statute also states that the Board of Commissioners will elect the recommended person for Sheriff, however, the statute does not prescribe any time frame for that election. The statute is likewise clear that in the event that the Board of Commissioners does not fill the vacancy, the chief deputy of the County will act as Sheriff until such time that the Board fills the vacancy.
“Following due consideration of the matters at hand, the Board felt it prudent to delay the election of Sheriff to ensure that the governing body have sufficient time to consider all matters at hand in order to ensure that the well-being of the residents of Graham County continue to be preserved.”
In response, Crisp filed suit against the county with the Graham County Clerk of Court late Tuesday afternoon.
Among the requests are “A judgment declaring that Graham County and its Board of Commissioners are required by N.C. G.S. Chapter 162-5.1 to immediately elect Jerry Crisp Sheriff of Graham County, to fill the unexpired term of Joseph Jones as Sheriff of Graham County, North Carolina.”
The statue reads as follows:
“If any vacancy occurs in the office of sheriff, the coroner of the county shall execute all process directed to the sheriff until the board shall elect a sheriff to supply the vacancy for the residue of the term, who shall possess the same qualifications, enter into the same bond, and be subject to removal, as the sheriff regularly elected.
“If the sheriff were elected as a nominee of a political party, the board of commissioners shall consult the county executive committee of that political party before filling the vacancy, and shall elect the person recommended by the county executive committee of that party, if the party makes a recommendation within 30 days of the occurrence of the vacancy.
“If the board should fail to fill such vacancy, the coroner shall continue to discharge the duties of sheriff until it shall be filled. In those counties where the office of coroner has been abolished, the chief deputy sheriff, or if there is no chief deputy, then the senior deputy in years of service, shall perform all the duties of the sheriff until the county commissioners appoint some person to fill the unexpired term.
“In all counties the regular deputy sheriffs shall, during the interim of the vacancy, continue to perform their duties with full authority.”
Chief deputy Chuck Stewart will continue to fill the role of Sheriff, until the matter is resolved.