Agenda - 11-05-20; 8-a - Minutes

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2 BOCC has full authority to appoint the Chair. 2) Change or reduce salaries. Again full authority 1 to do so rests with the BOCC. 3) Adopt standards of conduct for ABC board members. 4) 2 Appoint commissioners or senior county employees to the ABC board. Both have been done by 3 counties in North Carolina. This fourth option is further explored below. 4 5 As authorized by statute the BOCC appoints both the members and the Chair of the ABC Board 6 and members serve three-year terms. Due to the fact that terms are for three years it may be 7 administratively best to appoint a commissioner who has at least three years left in office. 8 However, this is not absolutely necessary because vacancies are filled by the BOCC to 9 complete the term of the member who created the vacancy and should a commissioner leave 10 office another could be appointed to fill the ABC role for the duration of the original appointee’s 11 term. 12 13 There may be some concern about the prohibition of dual office holding if a commissioner is 14 appointed to the ABC board, however, so long as the appointment is ex officio the dual office 15 holding prohibition is not a concern. Under North Carolina law ex officio appointees have the 16 same rights and authority as any other appointee. Regarding the dual office non-issue North 17 Carolina General Statute §128-1.2 reads: 18 19 Ex officio service by county and city representatives and officials. Except when the 20 resolution of appointment provides otherwise, whenever the governing body of a county 21 or city appoints one of its own members or officials to another board or commission, the 22 individual so appointed is considered to be serving on the other board or commission as 23 a part of the individual's duties of office and shall not be considered to be serving in a 24 separate office. As used in this section, the ter "official" means (i) in the case of a 25 county, the county manager, acting county manager, interim county manager, county 26 attorney, finance officer, or clerk to the board and (ii) in the case of a city, the city 27 manager, acting city manager, interim city manager, city attorney, finance officer, city 28 clerk, or deputy clerk. As used in this section, the term "city" has the meaning provided 29 in G.S. 160A-1. 30 31 One important consideration in appointing a commissioner to the ABC board is the appointment 32 would create occasional conflicts of interest for the appointed commissioner. That commissioner 33 could not vote, and would have to be excused from voting, on ABC board members’ salaries, 34 the ABC board travel policy, or other items that could have a financial impact on the 35 commissioner. 36 37 There are two current ABC board members whose terms expire 6/30/21. According to the 38 Orange County advisory board webpage Patrick Burns is serving the first of two potential terms 39 and Jane Cousins is serving the second of two terms. Should the BOCC determine to appoint 40 one, or more, of its own members to an ABC board position one of these two positions is most 41 realistic for the appointment because outright removal of ABC members may only be for cause. 42 Of the remaining members’ terms one expires in 2022 and two expire in 2023. 43 44 FINANCIAL- Revenue, Profitability and Funding Capacity 45 46 The Chair requested a financial statement analysis of the ABC Board to determine additional 47 funding capacity in view of the ABC Board not approving the County’s FY 2020-21 funding 48 request for the Drug Treatment Court program. The Drug Treatment program was funded at 49 $25,000 and not the requested $32,500. The Vice-Chair requested a listing of distributions to 50 sub-recipients for FY 2019-20 (Attachment 1). 51