HomeMy WebLinkAboutC.054.93010_0975 (2)to the process of "electing people -- not by appointing people, especially the ones with personal
agendas."
PRESENTATION BY MR. CHARLES KELLY
Charles Kelly, an unsuccessful county commissioner candidate during the 2002 election,
said that if an impasse occurred (two -two deadlock on the selection of a replacement), he would
like to be considered for the position. Kelly said he would represent all parts of the county.
Chairman Johnson asked the county attorney to clarify the statute regarding vacancies on
the board of commissioners.
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Attorney Bill Pope said the statutes did not offer much guidance. He said G.S. 153-27
said that if the vacancy was not filled within 60 days, the clerk to the board would report the
vacancy to the clerk of superior court. Pope said the clerk of court would then be required to fill
the vacancy within ten days. Mr. Pope continued by saying the statute said the commissioners,
or the clerk of court, "shall consult the county executive committee of the appropriate political
party before filling a vacancy, but neither the board nor the clerk of superior court is bound by
the committee's recommendation"
RULES OF PROCEDURES GUIDING THE SELECTION OF A PERSON TO FILL THE
VACANCY
Commissioner Williams said a clear understanding and method should be found for the
election of a person for the vacancy. He suggested that each person be brought up individually
and voted upon one -at -a -time. Williams said that with a four -member board, there was the
possibility of a tie vote, and if this occurred, the commissioners in opposition should be allowed
to bring the candidate up again for a second vote.
Commissioners Tice and Norman agreed with Williams.
Chairman Johnson said he was understanding that each candidate should be voted upon,
individually, and that if the person received two votes in the affirmative and two votes in the
negative, that this person would not be precluded from being nominated again at some time in
the future. He said the board's rules of procedures stipulated that if a motion failed, that a
motion for reconsideration had to be from someone on the prevailing side. (A person not voting
for a candidate would have to place the person's name back in the selection process.) Mr.
Johnson said the rules of the procedure for the board (page nine) discussed the method for
appointments to subordinant boards. He said that even though he understood the procedure was
for subordinant boards, it could still apply to the selection of a replacement.
Williams said he was trying to have a procedure in place in case there was a two -two
vote.
Chairman Johnson said Robert's Rules of Order stated that "all nominations shall be
made and voted upon."
Commissioner Tice said she understood the county manager had discussed the matter
with a staff person at the Institute of Government. She asked the manager if he had additional
information.
County Manager Mashburn said he basically received the same information that was
given by Mr. Pope -- the statutes did not offer much guidance.
Williams asked what would happen if at the next meeting, Alice Stewart received two
votes and Steve Robinson received two votes. He asked if a compromise csndidate could be
named.
Commissioner Tice said that if the board chose the same method used in 1989, additional
candidates could not be used. (In 1989, Commissioner Jessie Crosswhite resigned to accept the
position of Register of Deeds.)