Lawsuit demands Commissioner Haynes choose: Deputy Sheriff or board seat

Rutherford watchdog group sues to end dual office holding, calling it unconstitutional and a threat to public trust

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RUTHERFORDTON, N.C. — A lawsuit filed by a recently formed local watchdog group is challenging what its members say is a constitutional violation at the highest levels of Rutherford County government. Members of the Rutherford County Committee of Citizens (RCCC) filed a legal complaint in Superior Court on April 28, 2025, arguing that Commissioner Hunter Haynes is unlawfully serving in two public offices at the same time: as a county commissioner and as a deputy sheriff.

The group’s lawsuit claims that Haynes’ dual role violates Article VI, Section 9 of the North Carolina Constitution, as well as state statute G.S. 160A-284(b) and long-established common law doctrines prohibiting “incompatible offices.” At the heart of the challenge is a claim that Haynes, as a commissioner, votes on funding and oversight for the very department in which he is employed.

A hearing on RCCC’s motion for a preliminary injunction is now scheduled for July 9, 2025. If successful, it could force Haynes to step down from one of the two posts.

Haynes Responds: "Strong at Home"

In a public social media post, Haynes thanked constituents for standing by him amid the legal challenge.

“Your support means the world to me. Everything I do, whether it’s serving through the Sheriff’s Office or in any other role, is for you, and for the betterment of this county we call home.

I will always stand up for you, and what I think is right. We’re in this together, and I’m honored to serve for you!

We will be ‘Strong at Home’!”

Background on the Lawsuit

The lawsuit names Haynes, the Board of Commissioners, and Rutherford County as defendants. RCCC contends that Haynes’ dual service violates the “automatic vacation” doctrine under state law, which holds that acceptance of a second, incompatible office automatically vacates the first. But that appears to be allowed under NC law.

At the June County Commissioners meeting, Haynes recused himself from all Sheriff’s Office matters for the budget vote. RCCC argues this self-recusal further supports their claim that the two roles are legally and ethically irreconcilable.

“He either can’t represent his constituents on critical issues, or he’s voting on matters that benefit him personally. That’s a breakdown in the system,” said David Bentley Hurley, interim chairman of RCCC.

Hurley’s Background and Move to Rutherford County

Hurley, who is now leading the legal effort through RCCC, has a political history of his own. A former Raleigh police officer, he unsuccessfully ran for Buncombe County Sheriff in 2020 in the Democratic primary, campaigning on a platform of law enforcement reform and transparency. He later relocated to Union Mills, a rural community in Rutherford County, where he became increasingly involved in local government oversight.

He’s spoken at several county commissioners meetings about the issues brought up in the lawsuit prior to filing it. Now at the helm of RCCC, Hurley says the group’s goal is simple: accountability under the law.

“This isn’t about personalities or politics,” Hurley said. “It’s about lawful, ethical, and transparent government for the people of Rutherford County.”

County Defense and Legal Stakes

The County has hired the prominent firm Womble Bond Dickinson, which filed a motion to dismiss the lawsuit, arguing that Haynes’ dual role is legal under current interpretations. However, RCCC believes the state’s legal framework is clear.

In addition to the injunction, the lawsuit seeks to recover any salary paid to Haynes during his dual service and to establish a firm legal precedent barring similar arrangements in the future.

Legal experts point to past advisory opinions from the North Carolina Attorney General’s Office and rulings from the N.C. Supreme Court affirming that individuals cannot serve in offices where one role supervises, funds, or has authority over the other.

A 1978 NCDOJ opinion, for instance, determined that a town council member could not legally serve as a police officer in the same jurisdiction due to the inherent conflict.

Next Steps

The hearing could determine whether Haynes must vacate one of his positions while the case proceeds. If the injunction is granted, it would mark a rare but significant enforcement of the state’s incompatible office laws.

RCCC has made filings and background documents available online at:
🔗 https://bit.ly/RutherfordCommitteeofCitizens-v-RutherfordCounty-HunterHaynes

This is a developing story and will be updated.

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Annie Dance is the publisher of Cops & Congress, a newsletter that tells the truth about what happens when disaster, democracy, and small-town policies collide.

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