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December 3, 2012 (Recessed Meeting) Page 1328
<br />Carruth: I think a couple of things maybe we need to think about is
<br />certainly worst case scenario is that they come back and say "No, we can't do
<br />it." Then we're up the proverbial creek without a paddle.
<br />Poole: We are closed for business until -
<br />Carruth: (Inaudible) closed for business until a new one is appointed. I
<br />think then you basically have to go to the emergency section of the
<br />republican executive committee and then to appoint, to nominate someone
<br />(inaudible)and appoint that person if he is prepared, I think, the other
<br />thing is that I guess the question, is there other means of security besides
<br />the surety bond that we've been looking at with three different companies the
<br />last few days - is there any other security Mr. Small could put up that would
<br />satisfy the board (inaudible), or is that something that is not even
<br />something to be discussed again? Cause I think (inaudible) you don't what's
<br />going to happen, cause the Republican Executive Committee could take 30 days
<br />before this board could act to appoint a replacement. And if you did 30 days
<br />from where we're at right now, now we're into, you know, January and then
<br />you've got this all over again. I think Ms. McAbee -
<br />Poole: Well I think the point is that we do have to verify the status - her
<br />retirement status - because we wouldn't want to do anything that has - causes
<br />her a problem with her retirement status. And obviously this is probably one
<br />of the most serious conflicts that we as commissioners have had to deal with.
<br />At least while I've been here, we haven't had a lot of serious topics, but
<br />this one has been - I think this one has weighed very heavy on me. So, as I
<br />understand it we would need to declare the office vacant in order to notify
<br />the local Republican Party that they would need to name someone to the
<br />position they have - to make a recommendation - to us for someone to the
<br />position. They do have 30 days to respond, however that doesn't mean that
<br />they couldn't call an emergency meeting today. Mr. Lewis stepped out, he was
<br />the head of their party or we could ask him what he felt like his timeline
<br />looks like.
<br />(Interruption from the crowd)
<br />Poole: So we need to know - I mean we need to decide what we're gonna do.
<br />Burrage: When did the county turn down Ben's bond, what date? When did he
<br />know his bond was turned down by the county?
<br />White: I thought he said it was the 15
<br />Burrage: 15 of November?
<br />White: I think that's what he said on Thursday.
<br />Poole: That's what I thought he said too.
<br />Harris: I was notified - was notified on November the 14
<br />Burrage: Ben was notified on November 14
<br />Harris: The County was notified on the 14 a letter - did it come from you -
<br />Downs: No, I - I had a conversation with Mr. Small after you notified me.
<br />I'm not sure if it was the afternoon of the 14 or the 15 - I'll have to go
<br />back and look, but it was 14 or 15 of November, yes.
<br />White: But, Commissioner Burrage, if we were to declare a vacancy, that
<br />doesn't mean that the executive - Republican Executive Committee - could not
<br />nominate Ben, or Mr. Small, to fill the position and it gives him 30 days to
<br />get all that information together - 30 more days, 30 additional days.
<br />Burrage: Well if the state says - the power of the state don't know what
<br />they're doing. This - this situation is becoming too big, too costly, nobody
<br />knows what's going on - you can't get an answer from Raleigh it looks like,
<br />direct answer. If the current person there can stay on for 30 more days, if
<br />it's legal, why not give Ben a chance to get his bond and things straightened
<br />out over the next week? I - I think he could do it in the next few days and
<br />if she could run it for a week or so, why not let her do that instead of just
<br />declaring it vacant? I don't think that's right to the voters.
<br />White: I agree with you, Mr. Burrage, Commissioner Burrage. The only thing,
<br />I'm not certain is when reading the statute and what we've heard on Thursday
<br />and today is that if you do not accept the bond, the only step - the next
<br />step is to declare a vacancy is the procedure that I understand we have to go
<br />through. If there's something different, Mr. Koch, I don't think we have the
<br />option to not - not to accept the bond and then just stay silent until Mr.
<br />Small gets the bond, that - with sufficient surety.
<br />Koch: There's an old case, 1887.
<br />White: Nineteen what?
<br />Koch: 1887 - that old. And let me pull it up, if I can put my hands on it
<br />in all these papers. This seems to be under the same iteration of the
<br />statute, although it was codified in a different way back then. And this -
<br />the name of the case is Cole vs. Patterson, 1887, it's an appeal from a
<br />decision in Buncombe County that related to the register of deeds office and
<br />the - and what apparently occurred there was the register - the newly elected
<br />register could not provide a bond that was satisfactory to the county
<br />commissioners. And they decided to go ahead and vote immediately to declare
<br />the office vacant, the court said that was perfectly fine, but it seems to -
<br />and affirmed their decision. When I say the court, I'm talking about the
<br />North Carolina Supreme Court. The - it seems to imply out of that decision
<br />that you don't have to do it immediately. So, that would be, I think,
<br />something that could be inferred from the decision. You can either do that
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