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December 3, 2012 (Recessed Meeting) Page 1330
<br />that people can conduct and can continue to conduct business in the register
<br />of deeds office.
<br />Burrage: Well according to what they state says they can open anyway
<br />tomorrow, can't you? If she agrees to it.
<br />Poole: Well, yeah, we're waiting to hear on that. What's the pleasure of
<br />the Board?
<br />White: I make a motion to declare the seat vacant and so the office can get
<br />started to notify in writing the executive committee as soon as possible.
<br />Poole: We have a motion on the table to declare the seat vacancy and to
<br />notify in writing the chairman of the republican -
<br />White: In writing the chairman of the republican
<br />Poole: Cabarrus County Republican
<br />White: Mr. John Lewis at his law office, at his home address, and also in
<br />person.
<br />Poole: I have a motion, do I have a second?
<br />Measmer: Second.
<br />Poole: I have a motion and I have a second. Any other discussion? In order
<br />to make sure the vote is recorded correctly, please signify by raising your
<br />hand. Those in favor of the motion, aye, please raise your hand.
<br />(Chairman Poole and Commissioners White, Carruth and Measmer raised their
<br />hands to vote in favor of the motion to declare the seat vacant and to notify
<br />the Chairman of the Republican Party, Mr. John Lewis, in writing at his law
<br />office, at his home address and in person.)
<br />Poole: Those against the motion.
<br />(Vice Chairman Burrage raised his hand in opposition of the motion to declare
<br />the seat vacant and to notify the Chairman of the Republican Party, Mr. John
<br />Lewis, in writing at his law office, at his home address and in person.)
<br />(The MOTION carried, with Chairman Poole and Commissioners White, Carruth and
<br />Measmer voting for and Commissioner Burrage voting against.)
<br />Poole: Motion carries four to one.
<br />Carruth: Madam Chair,
<br />Poole: Yes?
<br />Carruth: (Inaudible) obviously, all the discussion that we've had and dealing
<br />with laws (inaudible) those laws were written in times when our state was
<br />just recovering from civil war and you had a lot of people you know, that
<br />were a lot of land issues, a lot of opportunities for deceit and fraudulent
<br />activities and things of that nature during reconstruction. Also, we had
<br />slaves that had been freed that were looking, buying property, and all those
<br />laws have not been updated. Thinking through this, there should be some
<br />effort - and obviously from where I'm sitting at with the state association
<br />of county commissioners - to do some reformation of the - I don't how we
<br />could start a - basically a resolution or something with the legislative
<br />goals conference coming up. But it's already well along, that's already well
<br />along in the process, and may be for two years from now. But does the seat
<br />need to be either a) non - partisan or b)does it need to be - cause if it's
<br />non - partisan then this board could then appoint if there's a vacancy without
<br />having to go through the executive committee process, that would speed that
<br />up. Or the other is, is that just like we do with the tax administrator,
<br />should the register of deeds not be an elected position. It's not a
<br />constitutional officer, which means that if the legislation, it can be
<br />changed, so the register of deeds is actually appointed just as we appoint
<br />the tax administrator. Because what you're dealing with then is then you
<br />have the ability as a board to review applicants, consider those applicants
<br />just like we did the tax administrator and he'd still be appointed for a
<br />particular term of office but then would come up for reappointment by this
<br />board for - if they've not done a decent job, then this board has the
<br />opportunity to appoint someone else and take out the community (inaudible).
<br />And you know, cause it's - this is the saddest decision I've ever made in 12
<br />years of being on this board, truly, I did not (inaudible) in 12 years. But
<br />I think that we need to (inaudible) I think the lessons learned from this and
<br />do the statutory changes that need to be made, working with the state
<br />directors, register of deeds association to make sure that this is something
<br />that can be (inaudible) in the future.
<br />Poole: I don't think we can add it to tonight's agenda; however I think that
<br />based on the seriousness of the statutes at hand, based on the fact that they
<br />were written in the 1800's and apparently not really been looked at since,
<br />that we should make an effort to contact our legislators and we should make
<br />an effort to put it on our agenda for discussion so that we can officially
<br />make contact with the leaders of the Senate and the House and let them know
<br />why we feel like it should be looked at. I think some of the - as you
<br />pointed out on Thursday - it's a very old statute and there were some
<br />verbiage in there that could probably use some updating. And I know that I
<br />would appreciated it if something like that had happened in the hundred -
<br />something years. But I do think that's something we need to talk about and
<br />your position, your regular position, that that's something - a conversation
<br />you can have and share the information and the concerns that this board has.
<br />At this time, I would accept a motion that we would - Yes Sir?
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