Veteran officer fills month-long vacancy
Robbinsville – Jerry Crisp was sworn in as Graham County’s new sheriff Tuesday afternoon, ending an almost month-long saga between Crisp and the county’s Board of Commissioners.
“It feels good,” Crisp said, moments after being sworn in Tuesday. “All I want to do is get started doing the job. The one thing I’m going to do is do the job fair, honest and straight-up.
“It has nothing to do with Republican or Democrat. This is a job that you have to do for all the people of Graham County.”
With 35 years of law enforcement experience under his belt, Crisp has worked under various sheriff’s and police chief’s. He has also served in the U.S. Navy Reserves for 23 years and is a veteran of the Iraq War.
“My top priorities is drug and theft, and they go hand-in-hand,” Crisp added. “Depending on my budget and my manpower – and what I have to work with – I’m going to attack those two things with a vengeance. I mean that. It’s coming, unlike anything anybody has ever seen.
“I may not even run for re-election, but I can promise you that for the next two, 2 ½ years, things are going to be ran right.”
But the road to Crisp’s appointment has been nothing less than winding.
The commissioners accepted Crisp’s nomination by the Graham County Republican Party at a special called meeting Tuesday. The appointment came after Crisp sued the county over his non-appointment July 7 and District Superior Court Judge Mark Powell ruled in favor of Crisp on Friday.
“This board’s hesitation was never any kind of personal issue with Mr. Crisp,” county commission chairman Dale Wiggins noted at Tuesday’s meeting. “We, in fact, support and appreciate his many years of service in law enforcement. We also appreciate and respect his many years of military service to this country.
“It was never about whether he was qualified or capable; it was about the lawsuit that we argued and presented. That is all it was ever about.”
Statute hearing
The two parties met in Graham County court on July 23, to plead their case.
Along with a previous, pending lawsuit between Crisp and the county – over alleged, unpaid retirement benefits – both sides contended that N.C. General Statute 162-5.1 – which addresses the steps for appointing a new sheriff, after the post has been vacated mid-term – had been followed.
While under oath, Graham County Republican Party Chair Steve Odom laid out the steps taken to ensure procedures had been followed, including constant communication between Odom and Wiggins.
Odom testified that Wiggins first reached out about a potential resignation of then-Sheriff Joseph Jones via text on Friday, June 26, in which Wiggins allegedly said, “Don’t be surprised if we get a resignation.”
Jones and Odom had a conversation Monday, June 29, but Jones allegedly informed Odom, “I’ve made my mind up. I’m resigning today.” Jones’ resignation came in the form of an email, sent at 4:04 p.m. that afternoon.
According to Odom’s testimony, on Wednesday, July 1, Wiggins and Odom met at the Graham County EMS center. During the meeting, Wiggins pitched the idea of appointing chief deputy Chuck Stewart as the new sheriff, before the Republican Party’s executive committee met the following Monday, July 6. Odom allegedly told Wiggins that Stewart would get “the same equal consideration” as other applicants.
Decision time
The executive committee convened Monday, July 6 and poured over 10 resumes, as well as a set of filing papers from the 2018 primary election.
Odom testified that Wiggins had reached out before the meeting and expressed what Odom classified as “concern,” because Wiggins had heard the committee might consider Crisp. At the time, Crisp was registered as Unaffiliated, but switched to Republican just 24 hours before his appointment.
The committee voted to nominate Crisp in a 7-2 decision.
“We felt it would be detrimental to the county to not have a sheriff for that long,” said Odom.
But the Graham County Board of Commissioners’ motion to accept Crisp’s appointment did not carry at the July 7, special-called meeting.
‘Conflict of interest’
County attorney J.K. Coward got right to work preparing a defense, after Crisp retained Murphy attorney Zeyland McKinney in the suit filed Tuesday afternoon, July 7.
But the suit was added to the Monday, July 13 Graham County court docket. At the initial hearing, Coward pointed out that the defense is allotted up to 10 days for preparation.
Powell agreed.
Before July 23’s hearing, Coward sent a July 17 subpoena – via fax – requesting all minutes from the Republican Party’s meetings. McKinney and Odom both stated July 23 that the subpoena was never received.
Coward also contacted Phillip Thomas – political director and chief counsel for the North Carolina Republican Party – about the local ordinance of organization. Odom testified that the county had adopted the state ordinance for 2020. State Party Chair Michael Whatley affirmed that the local organization was legitimate.
Coward went on to argue that the earlier litigation over Crisp’s retirement benefits created a conflict of interest, and that no consultation had actually taken place between the Board of Commissioners and the Executive Committee of the Graham County Republican Party.
Closing arguments
Coward told Powell that he felt he had been “sandbagged,” since his requests for several pieces of information from McKinney and Odom had not been returned.
The statute was also brought up during closing arguments, with Coward making a strong statement.
“Mr. McKinney is asking the court to violate the law,” Coward said.
McKinney was quick to respond to Coward’s comments.
“Sandbagging is not seeking any further request for consultation, then coming into court and asking for consultation. That’s sandbagging,” McKinney said. “We followed the statute to a ‘T.’”
Verdict
Powell informed Graham County Clerk of Court Tammy Holloway of his decision late Friday evening, and submitted a writ of mandamus Monday afternoon.
In the writ, Powell concludes that “Crisp meets all of the statutory qualifications for N.C. G.S. Chapter 162-2, to serve as Sheriff of Graham County, North Carolina” and that the board had 48 hours from Powell’s submission to appoint Crisp as Graham County Sheriff.
“Although the board and the committee did not meet, since their respective chairmen met several times before July 7, 2020, the requirement under G.S. 162-5.1 that ‘the board of commissioners shall consult the county executive committee…before filling the vacancy’ was met,” Powell’s mandamus reads.
“The Graham County Board of Commissioners wrongfully and unlawfully refused to elect Jerry Crisp as Sheriff of Graham County, North Carolina to fill the unexpired term of Joseph Jones at a called meeting on July 7, 2020.”
Dennis Crisp was sworn in as Chief Deputy on Tuesday.