CHARLOTTE, N.C. — A superior court judge has dismissed a petition seeking to remove Mecklenburg County Sheriff Garry McFadden from office.
The case was heard by Judge R. Stuart Albright, who ruled the court lacked jurisdiction under North Carolinaβs Felts Law, formally known as General Statute 128-17.
Felts Law allows the removal of an elected public official only if a petition is filed by five qualified voters in the county and receives approval from the County or District Attorney. In this case, the judge found that legal requirement was not met.
The petition was signed by five people, including State Representative Carla Cunningham and former Sheriffβs Office Chief Deputy Kevin Canty. Cunningham alleged Sheriff McFadden threatened her personal safety following her vote in favor of House Bill 318, which honors ICE detainers.
However, Mecklenburg County District Attorney Spencer Merriweather has not approved the petition, saying he is waiting for a State Bureau of Investigation review to be completed.
Judge Albright ruled there was no jurisdiction to file the case and dismissed the petition without prejudice, meaning it could be refiled if statutory requirements are met.
