Salisbury Post Online:  Local news, weather, sports and more!
Serving historic Rowan County, North Carolina since 1905.



|-Salisbury Post Home
|-Salisbury Post News Index
|-Salisbury Post Today's News

|-Home Editorials
|-Home Columns
|-Home Features
|-Home Sports
|-Home Obituaries
|-Home Classified

|-Archives Archives

|-Salisbury Post Contact Us
|-Salisbury Post Church
      Form
|-Salisbury Post Club
      Form
|-Salisbury Post Search Site



March 31, 2000
Salisbury Post; Rowan County, NC

Local News

Sheriff’s stickers come unglued

BY JENNIFER MOXLEY & JESSIE BURCHETTE
SALISBURY POST

           
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 wouldn’t have to take it off if we didn’t 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 it’s legal, he can put it there. If it’s 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,” he’s not aware of any using the sheriff’s name.

“We don’t 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 what’s 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 can’t 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 sheriff’s 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 Sheriff’s Department.

   

Home | ClassifiedsColumns | Archives | Contact Us

Copyright ©  2000  Post Publishing Company, Inc.

Web design: webmistress