HomeMy WebLinkAboutAgenda - 8-d - Reappointment of Tax Administrator 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 2, 2019
Action Agenda
Item No. 8-d
SUBJECT: Reappointment of Tax Administrator
DEPARTMENT: County Manager
ATTACHMENT(S): INFORMATION CONTACT:
Resolution Bonnie Hammersley, County Manager,
919-245-2306
John Roberts, County Attorney, 919-
245-2318
PURPOSE: To approve a resolution reappointing Timothy Dwane Brinson as Orange County
Tax Administrator to a four-year term effective July 1, 2019.
BACKGROUND: In May 2012 Mr. Jenks Crayton resigned as Tax Administrator, and Mr.
Dwane Brinson was appointed to fill the unexpired portion of Mr. Crayton's term, ending June
30, 2013. At its March 19, 2013 meeting the Board of County Commissioners reappointed Mr.
Dwane Brinson to a four-year term ending June 30, 2017.
On March 7, 2017 the Board of County Commissioners reappointed Mr. Dwane Brinson to a
two-year term to expire June 30, 2019. The Board expressed at that time to provide a two-year
appointment with the expectation of a four-year reappointment in 2019 so as to move
reappointment schedules out of a revaluation year.
Sections 105-294 and 105-349 of the North Carolina General Statutes provide that the Board of
County Commissioners shall appoint a county assessor and tax collector. The statutes do not
specify the length of term for tax collector, but do require the county assessor be appointed to a
term of either two or four years. Whenever a vacancy occurs in either office, the Board of
County Commissioners shall appoint a qualified person to serve as county tax assessor or tax
collector for the period of the unexpired term. The statutes also provide that the offices of
county assessor and collector are offices that may be held concurrently with another appointive
or elective office.
Other than the term of appointment being four years rather than two years, there are no other
modifications from 2017 reappointment resolution language. The attached resolution does
maintain by reference provisions included the 2017 resolution regarding separation and other
benefits:
"Should the removal provisions of Chapter 105 be exercised against Mr. Brinson and he
be separated from his appointed position by the Board of Commissioners he shall receive
a separation allowance which shall consist of a lump sum payment equal to three months'
salary, plus the monetary value of all annual leave accrued but not taken while in service
to Orange County in addition to continued health, dental, and vision insurance coverage
2
for a period of three months from the date of separation except he shall not accrue annual
or sick leave after the date of separation."
FINANCIAL IMPACT: Funds are budgeted in the Tax Administration Department's operating
budget to provide salary and benefits for the Tax Administrator position.
RECOMMENDATION(S): The Manager recommends the Board approve the attached
resolution reappointing Mr. Dwane Brinson as Orange County Tax Assessor and Orange
County Tax Collector under the working title of Orange County Tax Administrator for a four-year
term effective July 1, 2019.
3
RES-2019-023
ORANGE COUNTY BOARD OF COMMISSIONERS
A RESOLUTION APPOINTING DWANE BRINSON TAX ASSESSOR AND TAX
COLLECTOR TO BE SERVED AS ORANGE COUNTY TAX ADMINISTRATOR
WHEREAS, the Orange County Tax Administrator serves in the statutory roles of both
the Orange County Tax Assessor and the Orange County Tax Collector; and
WHEREAS, on June 19, 2012 Dwane Brinson was appointed Orange County Tax
Administrator to fill the unexpired term of the prior Tax Administrator ending on
June 30, 2013; and
WHEREAS, on March 19, 2013 Dwane Brinson was reappointed to a four-year term;
and
WHEREAS, on March 7, 2017 Dwane Brinson was reappointed to a two-year term; and
WHEREAS, pursuant to North Carolina General Statute Chapters 105-294 and 105-349
the Board of County Commissioners may re-appoint Dwane Brinson for a term of
not less than two nor more than four years.
NOW, THEREFORE, BE IT RESOLVED THAT: The terms and conditions of the initial
resolution appointing Dwane Brinson, dated June 19, 2012, together with the
terms and conditions of the March 19, 2013 and March 7, 2017 reappointment
resolutions are continued in full effect. Any conflict between the terms and
conditions of the June 19, 2012, March 19, 2013, and/or March 7, 2017
reappointment resolutions and the terms and conditions of this Resolution shall
be resolved with priority given to the terms of this Resolution.
BE IT FURTHER RESOLVED THAT: The Orange County Board of Commissioners, as
provided for under Chapter 105-294 and Chapter 105-349 of the North Carolina
General Statutes, does hereby appoint Dwane Brinson as Orange County Tax
Assessor and Orange County Tax Collector for a term of 4 years.
Adopted by the Board of County Commissioners this day of April 2019.
By: Attest:
Penny Rich, Chair Donna Baker, Clerk to the Board
Board of Commissioners