Sheriff George Wilhelm says there seems to be only one resolution to the bumper sticker
dilemma: Just take them off.In
recent weeks, the sheriff had the stickers added to the patrol cars proclaiming:I
support Rowan County Sheriff George A. Wilhelm.
But when the Post called county officials about
the stickers Thursday, County Manager Tim Russell and some county commissioners
immediately called them improper.
Wilhelm thought about altering the stickers and
leaving them on the patrol cars.
We were just going to cover up the I
support because that seemed to be what offended some people, but it is not worth the
trouble. We are just going to take them off, Wilhelm said this morning.
Wilhelm stands by the stickers, though, and says
they were not for political gain.
The intent was not for partisan purposes. It
was to get my name out to the public,Wilhelm said, citing examples of citizens who
still refer to former sheriffs.
Wilhelm said he consulted legal advice from
higher powers who told him, We wouldnt have to take it off if we
didnt want to, but I want to avoid the conflict.
I went home last night and talked to my
wife, and we decided the best thing to do is just to take them off.
County Manager Russell said today he was unaware
Wilhelm thought about altering the stickers. He said his staff would have to research that
idea also.
If its legal, he can put it there. If
its not, he can take them off, said Newton Cohen, chairman of the Rowan County
Board of Commissioners, referring to partial sticker.
In his 16 years as a commissioner, Cohen said he
has never known of a sheriff or county official trying to put such stickers on county
vehicles.
While some might have used stickers saying
Support Your Sheriff, hes not aware of any using the sheriffs
name.
We dont want to do anything that is
illegal or condone anything that is illegal, said Cohen.
On Thursday, Russell told Wilhelm that the
original sticker violates state law.
Russell said Wilhelm agreed to remove the stickers
voluntarily during a phone conversation Thursday.
The best thing to do is to go out and fight
crime and not waste time arguing about whats on cars, Wilhelm said.
In a letter to Wilhelm dated today, Russell said
he asked County Attorney John Holshouser to research and provide an opinion that deals
with this type of advertisement on county equipment.
Upon review of the bumper sticker and its
wording, it is our opinion that the bumper sticker used in this instance on county
vehicles is in violation of G. S. 153A-99 (e) and should be removed from every county
vehicle without delay.
In the letter, Russell cited the subpart of the
General Statutes that states: No employee may use county funds, supplies or
equipment for partisan purposes, or for political purposes, except where such political
uses are otherwise permitted by law.
Wilhelm refers to the same statute; The
statute that has been referred to is for county employees, Statute 153A-99 subsection E.
It says county employees cant use county supplies or equipment for partisan
purposes.
That statute, if it (sticker) was to be
considered partisan, says that employees of the sheriff are not employees of the county,
so even if it was (partisan) the employees of the sheriff are exempt from that
statute.
Holshouser said a 1993 Court of Appeals ruling
involving Durham County and the Durham Herald, held that the sheriff is subject to the
same rules that govern other county employees with respect to personnel records.
Holshouser said he believes that same ruling would apply to the sheriffs use of
county property and he would be subject to the same state laws governing other county
employees.
In his letter, Russell extended an offer of
assistance to Wilhelm. Our office will be happy to provide technical advice to your
office upon request on any future issues that may appear to conflict with state laws. Our
staff is trained and experienced in researching and handling legal and purchasing
issues.
For now, Wilhelm will continue offering the bumper
stickers free through the Sheriffs Department.