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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: December 1, 2014 <br />Action Agenda <br />Item No. 7 -b <br />SUBJECT: Establishment of a New Full Time Position for the Orange County Sheriff's <br />Office — Legal Advisor to the Sheriff <br />DEPARTMENT: Sheriff & Human Resources <br />ATTACHMENT(S): <br />Job Class Specification <br />PUBLIC HEARING: (Y /N) No <br />INFORMATION CONTACT: <br />Brenda Bartholomew, Human <br />Resources Director, (919) 245 -2552 <br />Charles Blackwood, Sheriff -Elect <br />1 <br />PURPOSE: To consider approval of a new full time position, Legal Advisor to the Sheriff, for the <br />Orange County Sheriff's Office. <br />BACKGROUND: Sheriff -Elect Charles Blackwood has requested a new full time position for <br />the Orange County Sheriff's Office. The position of Legal Advisor to the Sheriff would be <br />responsible for providing legal counsel as necessary in the management and operations of the <br />Orange County Sheriff's Office. The incumbent would be primarily responsible for legal advice <br />to and legal representation of the Sheriff of Orange County and his staff. Under limited <br />supervision, the Legal Advisor would perform professional and supervisory work, advising the <br />Sheriff on criminal law and procedures to include investigative procedures, substantive law, <br />criminal procedure, civil liability, detention matters, and sufficiency of evidence for court, <br />including but not limited to serving warrants and overseeing legal search and seizure. The <br />incumbent would also perform administrative and legal duties and tasks specific to the position. <br />The incumbent would exercise considerable initiative and independent judgment in various <br />phases of work and would report to the Sheriff. <br />The minimum qualification for this position is a Juris Doctor Degree and 2 to 5 years of <br />experience in the practice of law in a local government or experience in providing legal <br />assistance in a government municipality or any equivalent combination of training and <br />experience which provides the required skills, knowledge and abilities. Further, an incumbent <br />must possess a license to practice law in the State of North Carolina, hold a valid North Carolina <br />Driver's License, and be available for emergency /on -call /after hour response. <br />North Carolina General Statute § 153A -103 states the board of commissioners may fix the <br />number of salaried employees in the office of the sheriff. In exercising the authority granted by <br />this section, the board of commissioners is subject to the following limitations: (1) A sheriff <br />elected by the people has the exclusive right to hire, discharge, and supervise the employees in <br />