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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: April 9, 2013 <br />SUBJECT: Eaualization and Review Board — <br />DEPARTMENT: County Attorney <br />Action Agenda <br />Item No. 11 -c <br />ointment <br />PUBLIC HEARING: (Y /N) No <br />ATTACHMENT(S): INFORMATION CONTACT: <br />John Roberts, 245 -2318 <br />PURPOSE: To revisit an appointment to the Board of Equalization and Review. <br />BACKGROUND: Pursuant to North Carolina General Statute (NCGS) 105 -312k, a Special <br />Board of Equalization and Review was created by a Resolution adopted by the Orange County <br />Board of Commissioners on February 19, 2013. The Clerk's office has advertised and <br />recruitment has also been done by the Tax Administrator's office. On March 19, 2013 the <br />Board of Commissioners appointed members to serve on the Board of Equalization and Review <br />During the March 19, 2013 meeting, Commissioner Mark Dorosin asked the County Attorney <br />whether it was a conflict for him to nominate or vote on the appointment of his partner, Bronwyn <br />Merritt, to the Board of Equalization and Review. The County Attorney interpreted the word <br />partner to refer to a business partner and explained that since that person would be appointed <br />in their personal rather than professional capacity there would be no conflict. Bronwyn Merritt is <br />the spouse of Commissioner Dorosin and therefore NCGS 153A -44 which states in part "The <br />board may excuse a member from voting, but only on questions involving the member's own <br />financial interest..." could apply. <br />The Board of Commissioners' vote on this appointment is not necessarily invalidated because <br />there may be no financial interest conflict. If there is a financial interest conflict and had <br />Commissioner Dorosin been excused from voting originally the Board of Commissioners may <br />have voted in the same manner. Regardless, it is prudent for the Board of Commissioners to <br />determine if a conflict exists and to revisit the appointment if necessary. <br />FINANCIAL IMPACT: Each member will be paid $75 per meeting attended, and the Chair will <br />be paid $100 per meeting attended. The funds are included in the Tax Administrator's budget. <br />RECOMMENDATION(S): The Manager and the Attorney recommend the Board determine <br />whether there is a conflict of interest such as to require this appointment to be revisited and if <br />necessary make one appointment to the Board of Equalization and Review at an upcoming <br />Board meeting. <br />