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.