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