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Law inserts politics into selection of sheriff

Wednesday, January 9, 2008
(Updated Sunday, June 8 - 1:12 am)

The last sheriff’s resignation has tied Mecklenburg County leaders in knots, and the same thing could happen in Guilford County.

Legislators should change an absurd provision in state law to make sure it doesn’t.

When the sheriff’s office is vacant, the law says, the county executive committee of his political party recommends someone to fill the unexpired term, and county commissioners must confirm the appointment.

But that part of the law applies only to 45 counties, including Guilford, Alamance, Randolph, Davidson, Forsyth, Stokes and Rockingham.

And Mecklenburg. After Sheriff Jim Pendergraph’s resignation late last year, the Democratic Party nominated Nick Mackey to fill the office. Mackey’s dubious credentials for the post caused an uproar — and prompted commissioners to refuse to endorse the selection, at least for now.

Some commissioners there insist state law gives them the authority to designate a new sheriff.

It does in 55 counties, but not in theirs. And not in Guilford. That inconsistency ought to be remedied.

Suppose a similar situation occurred in Guilford County. If BJ Barnes, a Republican, suddenly resigned, the executive committee of his party would name his successor.

Democrats might cry foul, and they’d have a point — but not because the majority Democratic Board of Commissioners should make a partisan choice of its own. The real issue is accountability. The sheriff’s job is to provide public safety for everyone in his county. The office isn’t supposed to be political, and it doesn’t belong to only one party.

The sheriff isn’t elected in the first place only by members of one party, and a replacement shouldn’t be chosen that way. While county commissioners themselves are partisan politicians, they are elected by the people, they’re accountable to the people, and they can fairly represent the people in making an important appointment. They also would be bound to make their selection in public. Political parties are not.

State law should apply consistently across all 100 counties. Legislators serving Guilford and 44 other counties where the sheriff can be chosen by the leaders of a political party should strike that provision from the statutes. County commissioners can be entrusted with the responsibility of filling a vacancy until the next election.

Mecklenburg County is dealing with the consequences of having a purely political selection process that’s subject to secrecy and manipulation. That’s no way to pick a top law-enforcement official. With ample warning of what could happen, it will be a scandal if Guilford legislators allow a similar fiasco here.

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