Denton questions validity of staggered terms resolution

By Lisa Majors-Duff

The problem, as pointed out by Chairman Jay Denton, is that the resolution approved 4-1 (Commissioner Franz Whitmire voted against the measure) Jan. 17 says nothing about how the chairman is elected.

If, as is described in the resolution, terms of office for members of the board of commissioners are to be altered to overlapping four-year terms, then the document should include language addressing how the term of the chairman is to be affected by the change, Denton said.

"The law doesn't say what the resolution says," Denton said. "The law says 'members shall be elected for overlapping four-year terms.' The chairman is one of the members, but the chairman is not addressed in the resolution."

"The law" Denton was referring to is N.C. General Statute 153A-58, which is titled "Modification in the Structure of the Board of Commissioners." According to the resolution to change Jackson County's governmental structure - which was drafted by county Manager Ken Westmoreland at the direction of Commissioner Stacy Buchanan - voters would be asked during the November general election if they support staggered terms of office for four members of the five-member board.

As it currently reads, the resolution calls for commissioners' terms to be staggered, or overlapped, beginning in 2006, when the top two vote-getters are elected to four-year terms and the other two are elected to two-year terms. Then in 2008, the two members with two-year terms of office would run for four-year terms. The two members elected to four-year terms in 2006 would then run for four-year terms in 2010.

The omission of language addressing the chairman's seat was intentional, Buchanan and Westmoreland agreed.

"I left out the chairman because our chairman is elected," Buchanan said.

"Robert Joyce at the Institute of Government (in Chapel Hill) said our chairman is a separate office," Westmoreland added. "We can modify our structure," Denton said, "but can you modify this law?"

"I thought the chairman would be elected to a four-year term," Commissioner Conrad Burrell interjected.

"Maybe we could add something that says the chairman's position would not be affected by the change," Westmoreland suggested. "It's February," Buchanan said. "We have time to check this out."

At Denton's suggestion, board members agreed to fax the resolution to Chapel Hill for an opinion from local government experts on staff at the Institute of Government. Denton also requested that county attorney Raymond Large, who said he had not been asked to review the document prior to its consideration by the board in January, provide members with an opinion.

Back to Archive: 02/14/02.