Minutes 12-05-2022 Business Meeting

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4 her position effective December 31, 2022. Orange County is subject to North Carolina General Statute (NCGS) 153A-27, which provides that in Orange County, a vacancy is filled by the BOCC subject to several pre-requisites. The nominee must be a member of the same political party as that of the member being replaced and a resident of the same district. Before filling the vacancy, the BOCC must also consult the appropriate political party, but is not bound by the party's recommendation. The BOCC may either conduct the applicant evaluation process itself or, as it has done in the past, allow the Orange County Democratic Party to conduct the applicant evaluation process. The Board would then receive one or more recommended applicants from the Party and appoint a new Board member. The BOCC must fill the vacancy within 60 days of the date the vacancy becomes effective — December 31, 2022. The deadline for the Board to fill the vacancy is March 1, 2023. If not filled by that date, the Clerk of Superior Court must fill the vacancy. Pursuant to NCGS 153A-27, the appointee will serve in the position for the remainder of Commissioner Price's unexpired term. The last vacancy on the Board of County Commissioners in 2021 was created by the resignation of Mark Dorosin and was filled through an open process in which the Orange County Democratic Party evaluated the applications, interviewed those applicants, and presented four applicants to the BOCC for consideration. Should the BOCC choose to follow the same process as in 2021, the application process is proposed to begin in December 2022. The 2021 application (for potential use again in the current process) is attached for Board reference and discussion/revision. The 2021 application included questions from the BOCC and from the Orange County Democratic Party. It is proposed that applications be accepted through January 6, 2023, with all eligible applications then being forwarded to the Orange County Democratic Party. The Party would review the applications and nominate candidate(s) to the BOCC by January 30, 2023, in time for Board consideration at the February 7, 2023 Business meeting. Commissioner Price reminded the Board that the questions on the application were developed for the last vacancy that occurred. She said that the Democratic Party was not required to make a recommendation. She said they could recommend several candidates or none at all. She said the decision comes back to the Board. She said she will not be part of the process. Commissioner Richards said that she did not realize the party nominated candidates. Chair Bedford said it was a non-binding nomination and that they do not have to nominate. She said that previously, the Board only considered individuals that applied. She said that technically, they could reopen the application if they do not care for any of the applicants. She said there are 60 days to make the appointment, or the court will do it. Commissioner Fowler asked about question #12 and said that people may still be interested in transit planning but that 12 does not apply any longer. The Board agreed to remove question #12. Commissioner Hamilton said that they should make their process clear to the public. Vice Chair McKee said the Board has 60 days to make an appointment. Commissioner Hamilton said that the process should be streamlined if they do not choose the applicant. She said that process should be clear to the public. Chair Bedford said hopefully that's not an issue. Vice Chair McKee reiterated that it is the Board's appointment to make, and they ask for and follow advice from the party. He said that in the past, a member was appointed outside of the application process and asked the attorney if that would be allowed. John Roberts said process is determined by this board and they must only consult with the Democratic Party.