NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

CHAPTER 794

SENATE BILL 872

AN ACT TO AUTHORIZE THE BOARD OF COUNTY COMMISSIONERS OF SCOTLAND COUNTY TO ESTABLISH A COUNTY POLICE DEPARTMENT.

The General Assembly of North Carolina enacts:

Section 1. The Board of County Commissioners of Scotland County is hereby authorized, by ordinance duly adopted, to establish a county police department for the purpose of better law enforcement in the county.

If the board of commissioners establishes a county police department, it shall be operated under the control of the board of commissioners as any other county department. The board shall have all the powers conferred by general law in the administration of the police department.

Sec. 2. The chief of the county police and each member of the police force shall have full power of arrest and to serve and execute both criminal and civil process throughout the county.

Sec. 3. In the ordinance establishing the county police department, the board of commissioners may, at its option, assume full control and responsibility for the operation of the county jail and the care and custody of persons placed therein and shall appoint the jailer and such other personnel required to operate the jail. The board of commissioners, in its discretion, may leave the care and custody of the jail under the supervision of the county sheriff, but the ordinance creating the county police department shall specify whether the sheriff or the commissioners shall have the care and custody of the jail.

Sec. 4. If the board of county commissioners creates a county police department, its primary duty shall be the enforcement of the criminal laws within the county and the primary duty of the sheriff shall be to serve and execute civil process, and perform such other civil duties as may be imposed by law. The sheriff shall attend upon the superior and district courts within the county.

Sec. 5. If the county police department is created and established, any municipality in the county is authorized to enter into an agreement with the board of county commissioners for the county to provide police protection in the municipality. The terms of the agreement shall be such as the parties mutually agree.

Sec. 6. The Scotland County Police Department may be established only by approval of the voters of the county in a referendum called for such purpose by the board of county commissioners after public hearing and prior to June 30, 1976.

Sec. 7. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 24th day of June, 1975.