NORTH CAROLINA GENERAL ASSEMBLY
1967 SESSION

CHAPTER 215
HOUSE BILL 368

AN ACT RELATING to THE POWERS, DUTIES, AND COMPENSATION OF CERTAIN OFFICIALS OF AVERY COUNTY.

The General Assembly of North Carolina do enact:

Section 1. At the same time that the regular biennial elections are held in Avery County for county officials in 1968, there shall be elected a county accountant whose term of office shall commence on the first Monday in December, 1968, and the term of his predecessor shall thereupon terminate. The term of office shall be four years. His successors shall be elected at the regular elections in 1972 and quadrennially thereafter. Any vacancy occurring in said office for any reason other than expiration of the term shall be filled by appointment by the board of county commissioners of someone to the office for the unexpired term.
Sec. 2. The county accountant shall perform all the duties prescribed by law for the county accountant, the duties of county auditor and the duties of county purchasing agent. He shall not perform any of the duties of the county tax supervisor and the board of county commissioners shall not have authority to impose upon him any of the duties of the county tax supervisor. Neither shall the county board of commissioners have any authority to impose upon the county tax supervisor any of the duties of the county accountant as described above.
Sec. 3. The office of county tax supervisor shall constitute a separate office and he shall be appointed in the manner prescribed by the general law.
Sec. 4. The salary of the county accountant shall be fixed by the board of county commissioners, in its discretion, in an amount not exceeding six thousand dollars ($6,000.00) per year. The salary of the county tax supervisor shall be fixed by the board of county commissioners, in its discretion, in an amount not exceeding four thousand eight hundred dollars ($4,800.00) per year.
Sec. 5. The board of county commissioners shall be hereby authorized to employ and provide clerical assistance for the office of Clerk of Superior Court, the office of the register of deeds, and the office of county accountant and tax supervisor, but the amount expended therefor shall not exceed one hundred fifty dollars ($150.00) per month with respect to the office of the Clerk of Superior Court, one hundred fifty dollars ($150.00) per month for the office of register of deeds and one thousand eight hundred dollars ($1,800.00) per year for the offices of county accountant and tax supervisor together.
The board of county commissioners is hereby authorized, in its discretion, to provide clerical assistance for the office of the county tax collector not to exceed five hundred dollars ($500.00) per annum.
Sec. 6. The board of county commissioners is hereby authorized, in its discretion, to fix the salary of the county sheriff at not more than seven thousand two hundred dollars ($7,200.00) per year; the salary of the chief deputy sheriff at not more than four thousand eight hundred dollars ($4,800.00) per year; and the salary of the assistant chief deputy sheriff at not more than two thousand four hundred dollars ($2,400.00) per year. The sheriff's office shall be given a travel and uniform allowance to be fixed by the board of county commissioners in an amount not exceeding two hundred dollars ($200.00) per month, to be distributed among the sheriff and his deputies in such manner as he may deem just and equitable. Same fees as now in effect are to be used for travel within the county. Travel allowance of eight cents (8¢) per mile outside of the county shall be allowed them.
Sec. 7. Every law enforcement officer receiving compensation from Avery County for the performance of his duties shall be attired in such uniform as may be prescribed by the board of county commissioners at all times while engaged in the performance of his official duties.
Sec. 8. The board of county commissioners shall have authority to determine from time to time whether the sheriff and deputy sheriffs shall be compensated on a salary basis, or on a fee basis, or on a combination of both. The board of county commissioners shall have authority to fix the fees relating to the sheriff and his deputies and to provide for their disposition, whether to be used in compensating the sheriff and deputies in whole or in part or whether to be turned in to the general fund of the county. This Section shall not be construed to modify any provisions of this Act relating to maximum and minimum compensation for the sheriff or his deputies. The sheriff or his deputies shall not in any event receive total annual compensation in excess of the amounts prescribed by Section 6 of this Act for salary and allowances.
Sec. 9. Notwithstanding any other provisions of this Act, no salary, travel allowance or other compensation being paid to any Avery County official or employee on the effective date of this Act shall be reduced during such official's or employee's term of office below the amount of such salary, travel allowance or compensation being paid on the effective date of this Act, and the salary of any county officer elected after the effective date of this Act shall not be reduced during his term of office by an amount equal to more than twenty‑five per cent (25%) of the salary fixed for such officer on the date of the preceding election at which such officer was elected to office.
Sec. 10. This Act shall apply only to Avery County.
Sec. 11. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 12. This Act shall become effective upon its ratification.
In the General Assembly read three times and ratified, this the 18th day of April, 1967.