2/15/07

Sheriff recommendation expected by week's end

Caldwell GOP sifting through list of 11 candidates to fill post that was left vacant by Clark's death

Thursday, Feb. 15, 2007

By Marcie Young
Charlotte Observer Staff Writer

Republican leaders in Caldwell County are sifting through a list of 11 nominees to replace Sheriff Gary Clark, who died earlier this month, and hope to recommend their choice to commissioners by the end of the week.

Clark died Feb. 2, less than three months after winning a second term and less than two months after being diagnosed with pancreatic cancer, leaving Republican leaders and county commissioners the responsibility to pick and appoint a successor.

Maj. Alan Jones, who has been acting sheriff since Clark's death, and Capt. Chris Bracket, the county's recently appointed jail administrator, were both nominated for the position, said commissioner Herb Greene.

Brackett, however, said he withdrew his nomination last week.

Jo Murray, county GOP chairman, said earlier this week that the party began taking nominations from local Republicans for a replacement shortly after Clark died. Murray said the party's executive committee is looking at the credentials of 11 nominees, none of whom she would name.

The committee will make its recommendation at Monday's Board of Commissioners meeting.

"We're looking for someone who has the training and education to handle the job," Murray said.

The commissioners, according to state law, are required to appoint the person recommended by the executive committee of Clark's political party, the Republicans..

Murray said she initially thought the commissioners were responsible for picking a replacement. When she reread the statute, Murray said, she realized that the party can pick a replacement, whom commissioners must then appoint, within 30 days of the sheriff's death.

"That's pretty clear," said Robert Joyce, assistant director of the Institute of Government at UNC Chapel Hill. "Not appointing the party's recommendation is not allowed under the law."

If commissioners don't appoint the party's recommendation, Joyce said, Republican leaders in Caldwell County could file a lawsuit asking the board follow the state statute.

Greene, a Republican, said Tuesday that he would not approve a replacement based on the party's recommendation alone.

"We're trying to get it done through the Republican Party," he said. "But if the best person is not nominated, I can only tell you that I will not vote for him." Commission Chairman Faye Higgins was out of town and could not be reached for comment.

Still, Greene said, he isn't expecting any problems.


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