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Home My WebLink AboutAgenda 09-03-19 Item 4-b - Appointment of Tax Administrator 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 3, 2019 Action Agenda Item No. 4-b SUBJECT: Appointment of Tax Administrator DEPARTMENT: County Manager County Attorney ATTACHMENT(S): INFORMATION CONTACT: 1. Resolution Appointing Nancy Taylor Bonnie Hammersley, County Manager, Freeman as Orange County Tax (919) 245-2306 Administrator John Roberts, County Attorney, (919) 2. Resolution 2019-044 Appointing Nancy 245-2318 Taylor Freeman as Interim Orange County Tax Collector - June 18, 2019 PURPOSE: To approve a resolution appointing Nancy Taylor Freeman as Orange County Tax Administrator effective September 3, 2019. BACKGROUND: Timothy Dwane Brinson resigned from the position of Orange County Tax Administrator effective June 28, 2019. Mr. Brinson was appointed to serve as the Orange County Tax Assessor and Orange County Tax Collector for a term on four years as per Resolution 2019-023, adopted by the Board of Commissioners on April 2, 2019. The Orange County Tax Administrator serves in the statutory roles of both the Orange County Tax Assessor and the Orange County Tax Collector. Sections 105-294 and 105-349 of the North Carolina General Statutes provide that the Board of County Commissioners appoint a County Assessor and Tax Collector. The statutes do not specify a length of term of tax collector but require the county assessor be appointed to a term of not less than two and no more than four years. The statutes also provide that the offices of County Assessor and Tax Collector are offices that may be held concurrently with another appointive or elective office. The Board of County Commissioners shall appoint a qualified person to serve as County Assessor or Tax Collector for the period of the unexpired term upon a vacancy as per North Carolina Law. As per the Orange County Code of Ordinances Section 28-5, all appointments and promotions of employees of the County are made solely on the basis of merit and fitness designed to provide an objective method of recruiting persons best qualified. Orange County held a competitive recruitment for the position of Tax Administrator. Three candidates were invited to interview before two panels. One panel consisted of community partners with representation from the Town of Chapel Hill, Orange Water and Sewer Authority and department directors. 2 The other panel included three members of the Board of Commissioners, the County Manager and the Deputy County Manager. Candidates were also given the opportunity to meet staff at the Tax Administration Office. Both panels convened at the end of the interviewing process and Ms. Freeman was the unanimous choice. Staff also endorsed this recommendation. As such, Orange County Manager Bonnie Hammersley has recommended Nancy Taylor Freeman be appointed to serve for the unexpired term of Timothy Dwane Brinson as Orange County Tax Administrator for the period of September 3, 2019 through April 2, 2023. Ms. Freeman was appointed the Interim Tax Administrator effective August 3, 2019. Further, Ms. Freeman was appointed Interim Tax Collector by the Board on June 18, 2019 via Resolution 2019-044. FINANCIAL IMPACT: Funds are budgeted in the Tax Administration Department's FY 2019 — 2020 operation budget to provide salary and benefits for the Tax Administrator position. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the Chair to sign the resolution appointing Nancy Taylor Freeman as the Orange County Tax Assessor and Orange County Tax Collector, titled Tax Administrator, effective September 3, 2019 to fill the unexpired term through April 2, 2023. 3 PES-2019-047 ATTACHMENT 1 ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION APPOINTING NANCY TAYLOR FREEMAN TO COMPLETE THE TERM OF TAX ASSESSOR AND TAX COLLECTOR AS THE ORANGE COUNTY TAX ADMINISTRATOR WHEREAS, Timothy Dwane Brinson was appointed by the Orange County Board of County Commissioners to serve as Tax Administrator from April 2, 2019 through April 2, 2023; and 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, Timothy Dwane Brinson resigned from the position of Orange County Tax Administrator effective June 28, 2019, and had been appointed to serve as the Orange County Tax Assessor and Orange County Tax Collector for a term of four years as per Resolution 2019- 023, adopted by the Board of Commissioners on April 2, 2019; and WHEREAS, as per North Carolina Law, the Board of County Commissioners shall appoint a qualified person to serve as Orange County Tax Assessor and Orange County Tax Collector for the period of the unexpired term upon its vacancy; and WHEREAS, Orange County Manager Bonnie Hammersley has recommended Nancy Taylor Freeman be appointed to serve for the unexpired terms of Timothy Dwane Brinson as Orange County Tax Assessor and Orange County Tax Collector for the period of September 3, 2019 through April 2, 2023; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of County Commissioners, as provided for under Chapter 105-294 and 105-349 of the North Carolina General Statutes, does hereby appoint Nancy Taylor Freeman as Orange County Tax Assessor and Orange County Tax Collector to serve the unexpired terms of Timothy Dwane Brinson, which terms end April 2, 2023 and that such appointments shall be served under the title Orange County Tax Administrator and that such appointments begin on September 3, 2019. Adopted by the Board of County Commissioners this 3rd day of September 2019. By: Attest: Penny Rich, Chair Donna Baker, Clerk to the Board Orange County Board of Commissioners ATTACHMENT 2 e�F Ll,el,i; h 4 RES-2019-044 ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION APPOINTING NANCY TAYLOR FREEMAN TO BE INTERIM TAX COLLECTOR 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, Dwane Brinson has resigned from the position of Orange County Tax Administrator effective June 28, 2019; and WHEREAS, on July 1, 2019 Orange County Chief Finance Officer Gary Donaldson will assume the role of Interim Orange County Tax Administrator- and WHEREAS, it has been determined that it is a conflict of interest to appoint the Chief Finance Officer as Tax Collector; and WHEREAS, pursuant to North Carolina General Statute Chapter 105-349, the Board of County Commissioners may appoint a tax collector whose term will expire effective upon the appointment of a new tax administrator; NOW, THEREFORE BE IT RESOLVED THAT the Orange County Board of Commissioners, as provided for under Chapter 105-349 of the North Carolina General Statutes, does hereby appoint Nancy Taylor Freeman as Interim Orange County Tax Collector until the appointment of a replacement Orange County Tax Administrator. Adopted by the BoP/(.,, ounty Commissioners this 18th day of June 2019. By: j Attest: _ Pen ich, C r Donna Baker, Clerk to the Board B¢ rd of Com is ioners ATTACHMENT 2 5 co PENNYHtcH,CHAR Orange County Board of CommissionersREN lz s2 DAME ETTA B, WcECDFORDHA/R Post Office Box 8181 _ JAMEZETTA BEDFORD �+ �+ MARK GREENN 200 South Cameron Street SALLY GREENS j MARK MARCOPLOS EARL MCKEE Hillsborough, North Carolina 27278 °rh Cato r �"` OATH OF OFFICE I, Nancy Freeman, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as Interim Tax Collector and that I will not allow my actions as Interim Tax Collector to be influenced by personal or political friendships or obligations, so help me, God. This the day of 2019. Nancy Fre man c�tiaaP$ Interim Tax Collector S � 1p 0 �A sz or�� arol1%0 Don a S. Bak , Clerk to the Board Board of County Commissioners www.oran.qecountVnc.qov Orange County, North Carolina (919) 245-2130