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HomeMy WebLinkAboutAgenda 07-09-2026; 6-a - Discussion on Process for Board of Commissioners Vacancy 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: July 9, 2026 Action Agenda Item No. 6-a SUBJECT: Discussion on Process for Board of Commissioners Vacancy DEPARTMENT: Board of Commissioners ATTACHMENT(S): INFORMATION CONTACT: Orange County Democratic Party Jean Hamilton, Chair, 919-245-2130 (OCDP) Election Process OCDP Process to Fill Vacancy Flowchart December 5, 2022 BOCC Meeting Agenda Item - Discussion on Process for Board of Commissioners Vacancy PURPOSE: To discuss the process by which the vacancy on the Board of County Commissioners will be filled. BACKGROUND: Commissioner Jamezetta Bedford passed away on June 21, 2026. Orange County is subject to North Carolina General Statute (NCGS) 153A-27, which provides that in Orange County, a vacancy is filled by the BOCC subject to several pre-requisites. The nominee must be a member of the same political party as that of the member being replaced and a resident of the same district. Before filling the vacancy, the Board of County Commissioners (BOCC) must also consult the appropriate political party, but is not bound by the party's recommendation. The BOCC must fill the vacancy within 60 days of the date the vacancy becomes effective — June 21, 2026. The deadline for the Board to fill the vacancy is August 20, 2026. If not filled by that date, the Clerk of Superior Court must fill the vacancy. Pursuant to NCGS 153A-27, the appointee will serve in the position for the remainder of Commissioner Bedford's unexpired term. The BOCC may either conduct the applicant evaluation process itself or use the Orange County Democratic Party's (OCDP) applicant evaluation process. The Board would then receive one or more recommended applicants from the Party. The last time there was a vacancy (2022), the BOCC conducted the application process and shared those applications with the Party. On July 1, 2026, OCDP released a candidate nomination form and announced the process the Party will follow for making a recommendation for filling the vacancy for the remainder of Commissioner Bedford's term. On July 20, 2026, the County Executive Committee of the OCDP will conduct an election to determine the vacancy recommendation to be sent to the BOCC. As part of the Consent portion of the agenda for this July 9, 2026 Business meeting, the BOCC will consider amending the 2026 meeting calendar to conduct a special meeting on July 28, 2026 for the purposes of appointing an individual to the vacant Commissioner seat. FINANCIAL IMPACT: There is no financial impact associated with this item. 2 ALIGNMENT WITH STRATEGIC PLAN: This item supports: • GUIDING PRINCIPLE — COMMUNICATION AND AWARENESS We provide information and opportunities for engagement in a transparent manner so that all in our community have knowledge, understanding, and a voice. RECOMMENDATION(S): The Manager recommends that the Board discuss the process and provide direction to the Clerk to the Board and County Attorney on next steps. 3 ELECTION PROCESS TO FILL A COUNTY COMMISSIONER VACANCY Please Register: Mobilize Sign Up Here The Orange County Democratic Party(OCDP) is required to recommend a candidate to fulfil the balance of the term for the District 1 County Commissioner seat and elect a candidate to appear on the November 3, 2026 Election ballot. This is a two-step process that requires the Orange County Democratic Party to hold two separate elections governed by NC General Statutes and the NC Democratic Party Charter and By Laws. There is a County Executive Meeting scheduled on July 20, 2026 which will include a Candidate Forum and the two following elections: I. Election of Candidate to Complete Balance of Vacated Seat for the County Board of CommissionersTerm Ending December 2026 Eligible Candidates Only registered Democrats residing in District 1 are eligible to serve as the District 1 Commissioner(NC Gen Statute 153A-27, Section C). Eligible Voters Only County Executive Committee members who serve as the Chair or Vice Chair of a precinct that lies wholly or partially within Commissioner District 1 are eligible to vote. There are 23 precincts within District 1 which are listed in Appendix A. (NCDP Bylaws Article Il, Section B). Proxy Voting It is strongly recommended that a proxy voter be appointed in the event a voting member is absent. This is encouraged to meet quorum and to maintain voting power for the precinct. (NCDP By-Laws Article IX, Section C) Quorum percent (40%) of the people constituting the voting membership of the County Executive Committee members who serve as the Chair or Vice Chair of a precinct that lies wholly or partially within Commissioner District 1 are eligible to vote. (NCDP By-Laws,Article X, Quorum Section) Weighted Voting Each eligible precinct in District 1 shall be assigned one (1) vote for every one hundred (100) votes, or major fraction thereof, cast in that precinct for the Democratic nominee for Governor in the most recent gubernatorial election, consistent with the Orange County Democratic Party and North Carolina Democratic Party rules governing weighted voting. (NCDP Bylaws,Article IX, Section E) 4 The Precinct Chair and Vice Chair may each cast only one-half(1/2) of their precinct's weighted vote. (NCDP Bylaws,Article IX, Section E) Nominations A self-nomination form is available for any Democrat residing in the County Board of Commissioners District 1 and can be accessed here: Candidate Self Nominating Form Here Nominations will also be accepted from the floor during the CEC Meeting on July 20, 2026. Candidate Statements Upon receipt of the Self-Nomination forms, information about each candidate will be placed on the Orangedems.com website for public review. We request each candidate to provide a short bio and a headshot photo and to answer 4 questions prepared by community members. During the Candidate Forum " held at the beginning of the July 20th CEC Meeting, each candidate will have equal time to introduce themselves. A series of questions, provided by community members and the County Commissioner members, will be posed to the candidates. Submit Candidate Questions Here Voting Procedure Voting shall be conducted using electronic ballots after the candidate forum portion of the meeting has ended. Weighted votes are calculated for each eligible voter, and results will be announced after each round of voting. Election To be elected, a candidate must receive a majority(50%+1) of the weighted votes cast on that ballot. (NCDP By-Laws Article IX, Section A) If no candidate receives a majority(50%+1) of the weighted votes cast on the first ballot, all candidates who do not achieve at least 15% of the weighted votes cast shall be eliminated from the next round. If all candidates receive at least 15% of the weighted votes cast, the candidate with the fewest weighted votes shall be eliminated, and another round of voting shall be conducted. If all candidates achieve less than 15% of the weighted votes cast, then only the top three candidates will advance to the next round. This process shall continue until one candidate receives a majority(50%+1) of the weighted votes cast. 5 Certification Upon completion of the voting, the Chair of the Orange County Democratic Party shall announce the results and certify the successful candidate as the Democratic nominee for the District 1 Orange County Board of Commissioners seat for the remainder of the term ending in December 2026. The Chair will also report the recommended candidate to the Chair and Vice Chair of the Orange County Board of County Commissioners. (NC Gen Statute 153A-27, Section C). Parliamentary Authority Except as modified by Rules of the Day, the meeting shall be governed by the current edition of Robert's Rules of Order Newly Revised, NC General Statutes, and the North Carolina Democratic Party Charter and Bylaws adopted June 27, 2026. II. Election of Candidate to Appear on the Ballot for the District 1 Commissioner Seat Purpose Orange County Democratic Party County Executive Committee (CEC) residing on District 1 shall recommend, to the Orange County Board of Elections, the Democratic candidate to appear on the ballot for November 3, 2026 Election for the District 1 seat on the Orange County Board of Commissioners. (NC Gen Statute 163-114) All sections in Part I above apply except the following: Certification Upon completion of the voting, the Chair of the Orange County Democratic Party shall announce the results and certify the successful candidate as the Democratic nominee for the District 1 Orange County Board of Commissioners seat for the November 3, 2026 ballot. The name of the nominee shall be supplied to the chairman of the Orange County Board of Elections. 6 Appendix A Precincts In County Commissioner District 1 (438 Votes) Precinct Weighted Vote Precinct Role Carrboro 11.5 Precinct Chair Carrboro 11.5 Precinct Vice Chair Cedar Falls 15.5 Precinct Chair Cedar Falls 15.5 Precinct Vice Chair Coker Hills 5 Precinct Chair Coker Hills 5 Precinct Vice Chair Colonial Heights 9.5 Precinct Chair Colonial Heights 9.5 Precinct Vice Chair Damascus 8 Precinct Chair Damascus 8 Precinct Vice Chair Dogwood Acres 12 Precinct Chair Dogwood Acres 12 Precinct Vice Chair East Franklin 7.5 Precinct Chair East Franklin 7.5 Precinct Vice Chair Eastside 7 Precinct Chair Eastside 7 Precinct Vice Chair Estes Hills 8.5 Precinct Chair Estes Hills 8.5 Precinct Vice Chair Glenwood 8.5 Precinct Chair Glenwood 8.5 Precinct Vice Chair Hogan Farms 11 Precinct Chair Hogan Farms 11 Precinct Vice Chair Kings Mill 8 Precinct Chair Kings Mill 8 Precinct Vice Chair North Carrboro 10.5 Precinct Chair North Carrboro 10.5 Precinct Vice Chair Northside 7 Precinct Chair Northside 7 Precinct Vice Chair Owasa 10.5 Precinct Chair Owasa 10.5 Precinct Vice Chair Ridgefield 8.5 Precinct Chair Ridgefield 8.5 Precinct Vice Chair Roger Eubanks 12.5 Precinct Chair Roger Eubanks 12.5 Precinct Vice Chair St John 11 Precinct Chair St John 11 Precinct Vice Chair Town Hall 8 Precinct Chair Town Hall 8 Precinct Vice Chair UNC 18.5 Precinct Chair UNC 18.5 Precinct Vice Chair Weaver Dairy 9.5 Precinct Chair Weaver Dairy 9.5 Precinct Vice Chair Weaver Dairy Sat 2 Precinct Chair Weaver Dairy Sat 2 Precinct Vice Chair Westwood 9 Precinct Chair Westwood 9 Precinct Vice Chair 7 Process to Fill Vacant County Commissioners Seat in Orange County Open OC County Commissioners Seat (6/21) c — � 6/22 Candidate Nomination Form* and Process Released (7/01/26) O Tj 7/1-7/13: 9 workday(s) Google Form County Executive Committee Convenes** 7/20/26 O za 7/20-7/20: 1 workday(s) Election to Determine Vacancy Election to Determine Candidate for Fall'26 Recommendation for Balance of Term Ballot Recommendation (7/20/26) (7/20/26) O za 7/20-7/20: 1 workday(s) O MI 7/20-7/20: 1 workday(s) 1 T-- Send Recommendation to OC Board Send Recommendation to OC of County Commissioners Chair Board of Elections 7/20-7/20: 1 wo,kday(s) za 7/20-7/22: 3 workdays) *Candidates must be a registered Democrat living in Orange County Commissioner District 1 **Only Chairs and Vice Chairs of the 23 precincts within Orange County Commissioner District 1 are eligible to vote. Proxy voters are permitted and encouraged. County Commissioner Vacancy&Election Ballot Process-Without Dates.mmap-7/1/2026-lemcgee1@gmail.com 8 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 5, 2022 Action Agenda Item No. 6-a SUBJECT: Discussion on Process for Board of Commissioners Vacancy DEPARTMENT: Board of Commissioners ATTACHMENT(S): INFORMATION CONTACT: Application Utilized for 2021 Board Vacancy John Roberts, County Attorney, 919- 245-2318 Laura Jensen, Clerk to the Board, 919- 245-2130 PURPOSE: To discuss the process by which the upcoming vacancy on the Board of Commissioners ("BOCC") will be filled. BACKGROUND: Commissioner Renee Price was recently elected to the North Carolina General Assembly. Commissioner Price notified the Board of Commissioners that she will be resigning her position effective December 31, 2022. Orange County is subject to North Carolina General Statute (NCGS) 153A-27, which provides that in Orange County, a vacancy is filled by the BOCC subject to several pre-requisites. The nominee must be a member of the same political party as that of the member being replaced and a resident of the same district. Before filling the vacancy, the BOCC must also consult the appropriate political party, but is not bound by the party's recommendation. The BOCC may either conduct the applicant evaluation process itself or, as it has done in the past, allow the Orange County Democratic Party to conduct the applicant evaluation process. The Board would then receive one or more recommended applicants from the Party and appoint a new Board member. The BOCC must fill the vacancy within 60 days of the date the vacancy becomes effective — December 31, 2022. The deadline for the Board to fill the vacancy is March 1, 2023. If not filled by that date, the Clerk of Superior Court must fill the vacancy. Pursuant to NCGS 153A-27, the appointee will serve in the position for the remainder of Commissioner Price's unexpired term. The last vacancy on the Board of County Commissioners in 2021 was created by the resignation of Mark Dorosin and was filled through an open process in which the Orange County Democratic Party evaluated the applications, interviewed those applicants, and presented four applicants to the BOCC for consideration. Should the BOCC choose to follow the same process as in 2021, the application process is proposed to begin in December 2022. The 2021 application (for potential use again in the current process) is attached for Board reference and discussion/revision. The 2021 application included questions from the BOCC and from the Orange County Democratic Party. It is proposed that applications be accepted through January 6, 2023, with all eligible applications then being forwarded to the Orange County Democratic Party. The Party would review the applications and nominate candidate(s) to the BOCC by January 30, 2023, in time for Board consideration at the February 7, 2023 Business meeting. 9 FINANCIAL IMPACT: There is no financial impact associated with this action. 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 the Board discuss the process, options, and Vacancy Application, and provide direction to the Clerk to the Board and County Attorney on next steps. 10 Orange County Board of Commissioners - Vacancy Application Name: Address: Email: Phone: Registered Voter?yes_no_ Party Affiliation: Questions: 1. What motivates you to want to serve as an Orange County commissioner, including why are you seeking an appointment now, as opposed to running for the seat during a previous election? 2. What do you consider to be one of the most important characteristics of a county commissioner? What in your experience demonstrates your ability to be effective as a commissioner?What is your experience in shared governance or leadership?What steps do you take in making decisions? 3. How would your appointment enhance diversity of the BOCC? Applications are due to the Orange County Clerk to the Board by 5 pm on July 19,2021. Completed applications can be emailed to clerk@orangecountVnc.gov or delivered to 300 W. Tryon St.,2nd Flr., Hillsborough, NC 27278. 11 Orange County Board of Commissioners - Vacancy Application 4. What do you see as the most urgent unmet needs facing Orange County. Please limit to 5 or less and prioritize these needs, particularly if listing more than 3. 5. If you could change one thing about the current county budget,what would that be? 6. What is your assessment of the county's funding practices with regard to the two school systems? How do you propose the BOCC meet over$300 million in K-12 public schools capital needs? 7. Do you support the 1909 Chapel Hill-Carrboro City Schools special district tax? How should it be used? Applications are due to the Orange County Clerk to the Board by 5 pm on July 19,2021. Completed applications can be emailed to clerk@orangecountVnc.gov or delivered to 300 W. Tryon St.,2nd Flr., Hillsborough, NC 27278. 12 Orange County Board of Commissioners - Vacancy Application 8. What is your vision for how Orange County should grow economically? 9. One of the unfortunate outcomes of the pandemic is that the wealth gap has grown even greater. We anticipate what economists call a K-shaped recovery, in which pre-existing inequities are exacerbated.This disparity largely falls along lines of race. How can county commissioners ensure that prosperity in the coming years is more equitably shared? 10. What steps do you think the Board of Commissioners could take to address the chronic lack of affordable housing in the county? Applications are due to the Orange County Clerk to the Board by 5 pm on July 19,2021. Completed applications can be emailed to clerk@orangecountVnc.gov or delivered to 300 W. Tryon St.,2nd Flr., Hillsborough, NC 27278. 13 Orange County Board of Commissioners - Vacancy Application 11. What should the county government be doing to address the climate crisis? 12. Orange County is in the process of revising its long-term transit plan in the aftermath of the failure of the Durham-Orange light rail project. What do you believe a new plan should emphasize? What potential initiatives would you like to support? 13. How should the BOCC interact with other governments—i.e.,town councils, NC General Assembly? Applications are due to the Orange County Clerk to the Board by 5 pm on July 19,2021. Completed applications can be emailed to clerk@orangecountVnc.gov or delivered to 300 W. Tryon St.,2nd Flr., Hillsborough, NC 27278.