Subject to the limitations set forth below, the board of commissioners may fix the number of salaried employees in the offices of the sheriff and the register of deeds. In exercising the authority granted by this section, the board of commissioners is subject to the following limitations:
(1) Each sheriff and register of deeds elected by the people has the exclusive right to hire, discharge, and supervise the employees in his office. However, the board of commissioners must approve the appointment by such an officer of a relative by blood or marriage of nearer kinship than first cousin or of a person who has been convicted of a crime involving moral turpitude.
(2) Each sheriff and register of deeds elected by the people is entitled to at least two deputies who shall be reasonably compensated by the county, provided that the register of deeds justifies to the Board of County Commissioners the necessity of the second deputy. Each deputy so appointed shall serve at the pleasure of the appointing officer.
(3) In addition to the number of salaried employees fixed by the board of commissioners, each sheriff is entitled to the number of school resource officers required to satisfy any agreements entered into under G.S. 162-26.5(b).
Notwithstanding the foregoing provisions of this section, approval of the board of commissioners is not required for the reappointment or continued employment of a near relative of a sheriff or register of deeds who was not related to the appointing officer at the time of initial appointment. (1953, c. 1227, ss. 1, 2; 1969, c. 358, s. 1; 1973, c. 822, s. 1; 1977, c. 36; 1979, c. 551; 1987, c. 362; 2024-1, s. 2.8A(e).)
Notes of Decisions
Cited in
33
cases (
6 in the last 5 years), 1974–2026 · leading case:
Young v. Bailey, 781 S.E.2d 277 (N.C. 2016).
Young v. Bailey, 781 S.E.2d 277 (N.C. 2016).
· cites it 4× “On 6 December 2010, defendant Bailey chose not to reappoint plaintiff to her position as a deputy sheriff, pursuant to his authority under N.C.G.S. § 153A-103(1). On 23 May 2013, plaintiff filed suit in Superior Court, Mecklenburg County against Bailey, in his official capacity…”
Efird v. Riley, 342 F. Supp. 2d 413 (M.D.N.C. 2004).
· cites it 4× “” See N.C. Gen. Stat. § 153A-103. Thus, the sheriff, rather than the department or associated county, may be held liable for employment law violations within the department.”
Mark McCaffrey v. Michael Chapman, 921 F.3d 159 (4th Cir. 2019).
· cites it 3× “at 1163- 64 (quoting N.C. Gen. Stat. § 153A-103(2)). Notwithstanding the language indicating that all North Carolina deputy sheriffs are policymakers subject to political firings, the Jenkins majority eventually cabined its decision to those deputies whose particular functions…”
Hubbard v. Cnty. of Cumberland, 544 S.E.2d 587 (N.C. Ct. App. 2001).
· cites it 6× “” N.C. Gen. Stat. § 153A-103(2) (1999). Such compensation is provided directly by the County.”
Randleman v. Johnson, 162 F. Supp. 3d 482 (M.D.N.C. 2016).
· cites it 5× “VII, § 2; N.C. Gen. Stat. § 153A-103; id. § 17E-2(3)a.”
Gillis v. Montgomery Cnty. Sheriff's Dep't, 663 S.E.2d 447 (N.C. Ct. App. 2008).
· cites it 4× “Further, pursuant to North Carolina General Statutes, section 153A-103, “[e]ach sheriff. . . has the exclusive right to hire, discharge, and supervise the employees in his office.”
Spencer v. Byrd, 899 F. Supp. 1439 (M.D.N.C. 1995).
· cites it 8× “See N.C.Gen.Stat. § 153A-103. North Carolina law states that the county, through the board of commissioners, may fix the number of salaried employees in the sheriffs department with the proviso that each sheriff is entitled to at least two deputies.”
Harter v. Vernon, 953 F. Supp. 685 (M.D.N.C. 1996).
· cites it 8× “See N.C.Gen.Stat. § 153A-103. The county board of commissioners has minimal input into employment matters.”
Buchanan v. Hight, 515 S.E.2d 225 (N.C. Ct. App. 1999).
· cites it 6× “N.C. Gen. Stat. § 153A-103 (1991). In their complaint, plaintiffs made the following allegations: 9.”
Oliver v. Baity, 208 F. Supp. 3d 681 (M.D.N.C. 2016).
· cites it 2× “[and] has the sole statutory responsibility for the care and custody of the inmates at the county jail”) (citations omitted) (citing N.C. Gen. Stat. §§ 153A-103, 162-22). Thus, at this juncture, to survive summary judgment, Plaintiff must present sufficient evidence to show that…”
Joyner v. Lancaster, 553 F. Supp. 809 (M.D.N.C. 1982).
· cites it 4× “N.C. Gen.Stat. § 153A-103. 3. Harry Leon Joyner, the plaintiff, was employed as a deputy in the Department in May, 1962, by Sheriff Ernie Shore.”
Stockton v. Wake Cnty., 173 F. Supp. 3d 292 (E.D.N.C. 2016).
· cites it 2× “2d at 739 ; see N.C. Gen.Stat. § 153A-103(1); Clark v. Burke Cty.”
N.C. Gen. Stat. § 153A-103(1): 13 cases
Young v. Bailey, 781 S.E.2d 277 (N.C. 2016).
“On 6 December 2010, defendant Bailey chose not to reappoint plaintiff to her position as a deputy sheriff, pursuant to his authority under N.C.G.S. § 153A-103(1). On 23 May 2013, plaintiff filed suit in Superior Court, Mecklenburg County against Bailey, in his official capacity…”
Stockton v. Wake Cnty., 173 F. Supp. 3d 292 (E.D.N.C. 2016).
“2d at 739 ; see N.C. Gen.Stat. § 153A-103(1); Clark v. Burke Cty.”
Gillis v. Montgomery Cnty. Sheriff's Dep't, 663 S.E.2d 447 (N.C. Ct. App. 2008).
“Further, pursuant to North Carolina General Statutes, section 153A-103, “[e]ach sheriff. . . has the exclusive right to hire, discharge, and supervise the employees in his office.”
Hubbard v. Cnty. of Cumberland, 544 S.E.2d 587 (N.C. Ct. App. 2001).
“” N.C. Gen. Stat. § 153A-103(2) (1999). Such compensation is provided directly by the County.”
N.C. Gen. Stat. § 153A-103(2): 5 cases
Mark McCaffrey v. Michael Chapman, 921 F.3d 159 (4th Cir. 2019).
“at 1163- 64 (quoting N.C. Gen. Stat. § 153A-103(2)). Notwithstanding the language indicating that all North Carolina deputy sheriffs are policymakers subject to political firings, the Jenkins majority eventually cabined its decision to those deputies whose particular functions…”
Hubbard v. Cnty. of Cumberland, 544 S.E.2d 587 (N.C. Ct. App. 2001).
“” N.C. Gen. Stat. § 153A-103(2) (1999). Such compensation is provided directly by the County.”
Randleman v. Johnson, 162 F. Supp. 3d 482 (M.D.N.C. 2016).
“VII, § 2; N.C. Gen. Stat. § 153A-103; id. § 17E-2(3)a.”
N.C. Gen. Stat. § 153A-103(a): 1 case
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