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HomeMy WebLinkAboutAgenda - 04-09-2013-11cORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 9, 2013 SUBJECT: Eaualization and Review Board — DEPARTMENT: County Attorney Action Agenda Item No. 11 -c ointment PUBLIC HEARING: (Y /N) No ATTACHMENT(S): INFORMATION CONTACT: John Roberts, 245 -2318 PURPOSE: To revisit an appointment to the Board of Equalization and Review. BACKGROUND: Pursuant to North Carolina General Statute (NCGS) 105 -312k, a Special Board of Equalization and Review was created by a Resolution adopted by the Orange County Board of Commissioners on February 19, 2013. The Clerk's office has advertised and recruitment has also been done by the Tax Administrator's office. On March 19, 2013 the Board of Commissioners appointed members to serve on the Board of Equalization and Review During the March 19, 2013 meeting, Commissioner Mark Dorosin asked the County Attorney whether it was a conflict for him to nominate or vote on the appointment of his partner, Bronwyn Merritt, to the Board of Equalization and Review. The County Attorney interpreted the word partner to refer to a business partner and explained that since that person would be appointed in their personal rather than professional capacity there would be no conflict. Bronwyn Merritt is the spouse of Commissioner Dorosin and therefore NCGS 153A -44 which states in part "The board may excuse a member from voting, but only on questions involving the member's own financial interest..." could apply. The Board of Commissioners' vote on this appointment is not necessarily invalidated because there may be no financial interest conflict. If there is a financial interest conflict and had Commissioner Dorosin been excused from voting originally the Board of Commissioners may have voted in the same manner. Regardless, it is prudent for the Board of Commissioners to determine if a conflict exists and to revisit the appointment if necessary. FINANCIAL IMPACT: Each member will be paid $75 per meeting attended, and the Chair will be paid $100 per meeting attended. The funds are included in the Tax Administrator's budget. RECOMMENDATION(S): The Manager and the Attorney recommend the Board determine whether there is a conflict of interest such as to require this appointment to be revisited and if necessary make one appointment to the Board of Equalization and Review at an upcoming Board meeting.