GENERAL ASSEMBLY OF NORTH CAROLINA

1983 SESSION

 

 

CHAPTER 649

HOUSE BILL 1241

 

AN ACT TO PROVIDE THAT WHEN A VACANCY OCCURS IN THE OFFICE OF SHERIFF OF RICHMOND COUNTY, THE CLERK OF THE SUPERIOR COURT SHALL APPOINT A PERSON AS SHERIFF FROM THE SAME POLITICAL PARTY AS HIS PREDECESSOR.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 162-5 is rewritten to read:

"§ 162-5.  Vacancy filled; duties performed by chief deputy. - If any vacancy occurs in the office of sheriff, the chief deputy shall execute all process directed to the sheriff until the clerk of court shall elect a sheriff to supply the vacancy for the residue of the term, who shall possess the same qualifications, enter into the same bonds, and be subject to removal, as the sheriff regularly elected. If the sheriff was elected as a nominee of a political party, the clerk of superior court shall elect a person from that political party.

If there is no chief deputy, then the senior deputy in years of service, shall perform all the duties of the sheriff until the clerk of superior court appoints some person to fill the unexpired term. The regular deputy sheriffs shall, during the interim of the vacancy, continue to perform their duties with full authority."

Sec. 2.  G.S. 162-3 is amended by deleting the word "board" the second time it appears and inserting in lieu thereof the words "clerk of superior court".

Sec. 3.  This act applies only to Richmond County.

Sec. 4.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 30th day of June, 1983.