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October 15, 2007 (Regular Meeting) Page 573 early removal without cause or for conviction of any criminal offense. NCGS §128-1.2 provides that whenever a Board of Commissioners appoints one of its members to another position, he is considered to be serving as part of his duties of the office of commissioner and is not holding a separate office for multiple office-holding purposes. While this statute ostensibly serves another purpose, it supports the opinion that circumscribing the privileges or emoluments of an elected office would probably not be allowed. The Board does possess the right to pass a resolution censuring Commissioner Privette, if it desires, just as the Board possesses the right to pass a resolution expressing an opinion or position on any other matter. If the Board votes to approve a resolution censuring Commissioner Privette, the language of the censure resolution should be determined before the vote is taken on the resolution. In summary, the Board's ability to take action against Commissioner Privette is very limited. Clearly, it can vote to censure him. It can choose not to appoint him or reappoint him to specific boards or positions, but I believe it cannot decide in advance to not appoint him to any board or position. Likewise, it cannot remove him from every board or position on or in which he presently serves, unless the rules applicable to that entity provide that Commissioner Privette serves at the pleasure of the Board or can be removed for personal misconduct unrelated to that position. Chairman Carruth stated the .need to publicly censure Commissioner Privette. He also noted the controversy surrounding the sale of Commissioner Privette's home and his replacement. He pointed out there cannot be a replacement on the Board of Commissioners until there is a vacancy and the Executive Committee will not take action until there is a vacancy. Commissioner White MOVED to publicly censure Commissioner Privette for his actions and commented on privately asking him to step down. Chairman Carruth asked Commissioners Mynatt and White to draft a resolution of censure for presentation at next month's meeting. Commissioner Mynatt seconded the motion. The MOTION unanimously carried. CONSENT AGENDA (F-1) Refund and Release Reports - September 2007 UPON MOTION of Commissioner Privette, seconded by Commissioner White and unanimously carried, the Board approved the September 2007 Release-Refund report as submitted and granted authority to the Tax Collector to process the refunds and release. RELEASES FOR THE MONTH OF: September 2007 $72,257.73 BREAKDOWN OF RELEASES: COUNTY $58,827.37 CITY OF CONCORD. $5,658.43 CITY OF KANNAPOLIS $9,769.52 CITY OF LOCUST $0.00 CITY OF STANFIELD $0.00 TOWN OF HARRISBURG $159.17 TOWN OF MIDLAND $399.07 TOWN OF MT. PLEASANT $79.93 ALLEN E/D $38.20 COLD WATER F/D $75.69 ENOCHVILLE F/D $12.49 FLOWES STORE F/D $17.11 GEORGEVILLE F/D $395.37 GOLD HILL F/D $0.70 HARRISBURG F/D $148.94 JACKSON PARK F/D $99.15 MIDLAND F/D $1,231.21 MT MITCHELL F/D $127.31