The sheriff may not delegate to another person the final responsibility for discharging his official duties, but he may appoint a deputy or employ others to assist him in performing his official duties. (23 Hen. VI, c. 10; R.C., c. 105, s. 21; Code, s. 2084; Rev., s. 2828; C.S., s. 3946; 1983, c. 670, s. 15.)
§ 162-25. Obligations taken by sheriff payable to himself.
The sheriff or his deputy shall take no obligation of or from any person in his custody for or concerning any matter or thing relating to his office otherwise payable than to himself as sheriff and dischargeable upon the prisoner's appearance and rendering himself at the day and place required in the writ (whereupon he was or shall be taken or arrested), and his sureties discharging themselves therefrom as special bail of such prisoner or such person keeping within the limits and rules of any prison; and every other obligation taken by any sheriff in any other manner or form, by color of his office, shall be void, except in any special case and other obligation shall be, by law, particularly and expressly directed; and no sheriff shall demand, exact, take or receive any greater fee or reward whatsoever, nor shall have any allowance, reward or satisfaction from the public, for any service by him done, other than such sum as the court shall allow for ex officio services and the allowance given and provided by law. (1777, c. 118, s. 8, P.R.; R.C., c. 105, s. 19; Code, s. 2082; Rev., s. 2829; C.S., s. 3947.)
Notes of Decisions
Cited in
20
cases, 1986–2020 · leading case:
Leonard v. Bell, 803 S.E.2d 445 (N.C. Ct. App. 2017).
Leonard v. Bell, 803 S.E.2d 445 (N.C. Ct. App. 2017).
· cites it 10× “N.C. Gen. Stat. § 162-24 permits a sheriff to "appoint a deputy or employ others to assist him in performing his official duties .”
Young v. Bailey, 781 S.E.2d 277 (N.C. 2016).
· cites it 6× “VII, § 2, and alone is responsible for carrying out his or her official duties, N.C.G.S. § 162-24 (2013) (“The sheriff may not delegate to another person the final responsibility for discharging his official duties_”).”
Baker v. Smith, 737 S.E.2d 144 (N.C. Ct. App. 2012).
· cites it 6× “N.C. Gen. Stat. § 162-24 permits a sheriff to “appoint a deputy or employ others to assist him in performing his official duties.”
Mark McCaffrey v. Michael Chapman, 921 F.3d 159 (4th Cir. 2019).
· cites it 2× “3d at 1163 (citing, inter alia, N.C. Gen. Stat. § 162-24 ). Additionally, Jenkins cited the North Carolina legislature’s declaration “that ‘[t]he offices of sheriff and deputy sheriff are .”
Treadway v. Diez, 703 S.E.2d 832 (N.C. Ct. App. 2011).
· cites it 8× “Instead, section 162-24 provides that "[t]he sheriff may not delegate to another person the final responsibility for discharging his official duties, but he may appoint a deputy or employ others to assist him in performing his official duties.”
Parker v. Bladen Cnty., 583 F. Supp. 2d 736 (E.D.N.C. 2008).
“§ 162-24. Thus, under North Carolina law, the sheriff, not the county encompassing his jurisdiction, has final policymaking authority over hiring, supervising, and discharging personnel in the sheriffs office.”
Knight v. Vernon, 23 F. Supp. 2d 634 (M.D.N.C. 1998).
· cites it 4× “See N.C.Gen.Stat. § 162-24. Those *645 whom he appoints occupy the position of detention officer, i.”
Little v. Smith, 114 F. Supp. 2d 437 (W.D.N.C. 2000).
· cites it 2× “N.C.Gen.Stat. § 162-24 (2000). Thus, it is Sheriff Sellers, not Anson County, who has the final decision making authority over law enforcement policies of his office.”
Hughes v. Bedsole, 913 F. Supp. 420 (E.D.N.C. 1994).
· cites it 3× “N.C.G.S. § 162-24. One of his official duties is set forth in N.”
Knight v. Vernon, 214 F.3d 544 (4th Cir. 2000).
· cites it 3× “(italics added) N.C. Gen. Stat. § 162-24 . Mrs. Knight was a Justice Officer under North Carolina law.”
Harter v. Vernon, 953 F. Supp. 685 (M.D.N.C. 1996).
· cites it 2× “” N.C.Gen. Stat. § 162-24 (1994). However, the state apparently has little control over the sheriffs employment practices.”
Randleman v. Johnson, 162 F. Supp. 3d 482 (M.D.N.C. 2016).
“GemStat. § 153A-103 (stating that each sheriff “has the exclusive right to hire, discharge, and supervise the employees of his office” and that appointed deputies “shall serve at the pleasure” of the sheriff); id.”
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