Agenda - 10-08-20; 1 - Alcohol Beverage and Control Board Voting Membership and Financial Allocation

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2 office another could be appointed to fill the ABC role for the duration of the original appointee's term. There may be some concern about the prohibition of dual office holding if a commissioner is appointed to the ABC board, however, so long as the appointment is ex officio the dual office holding prohibition is not a concern. Under North Carolina law ex officio appointees have the same rights and authority as any other appointee. Regarding the dual office non-issue North Carolina General Statute §128-1.2 reads: Ex officio service by county and city representatives and officials. Except when the resolution of appointment provides otherwise, whenever the governing body of a county or city appoints one of its own members or officials to another board or commission, the individual so appointed is considered to be serving on the other board or commission as a part of the individual's duties of office and shall not be considered to be serving in a separate office. As used in this section, the term "official" means (i) in the case of a county, the county manager, acting county manager, interim county manager, county attorney, finance officer, or clerk to the board and (ii) in the case of a city, the city manager, acting city manager, interim city manager, city attorney, finance officer, city clerk, or deputy clerk. As used in this section, the term "city"has the meaning provided in G.S. 160A-1. One important consideration in appointing a commissioner to the ABC board is the appointment would create occasional conflicts of interest for the appointed commissioner. That commissioner could not vote, and would have to be excused from voting, on ABC board members' salaries, the ABC board travel policy, or other items that could have a financial impact on the commissioner. There are two current ABC board members whose terms expire 6/30/21. According to the Orange County advisory board webpage Patrick Burns is serving the first of two potential terms and Jane Cousins is serving the second of two terms. Should the BOCC determine to appoint one, or more, of its own members to an ABC board position one of these two positions is most realistic for the appointment because outright removal of ABC members may only be for cause. Of the remaining members' terms one expires in 2022 and two expire in 2023. FINANCIAL- Revenue, Profitability and Funding Capacity Chair requested a financial statement analysis of the ABC Board to determine additional funding capacity in view of the ABC Board not approving the County's FY 2020-21 funding request for the Drug Treatment Court program. The Drug Treatment program was funded at $25,000 and not the requested $32,500. The Vice-Chair requested a listing of distributions to sub-recipients for FY 2019-20 (Attachment 1). The following are key financial and revenue metrics from the ABC FY 2019-20 Financial Audit. ABC Key Financial metrics include: • Net position increased by 9.27% • Total Sales increased 12.47% • Retail liquor sales increased 22.48% • Working capital increased 28.8%