Kure Beach Councilman Steve Pagley Submits Resignation

Kure Beach Councilman Steve Pagley Submits Resignation Featured

By / Local News / Wednesday, 11 November 2015 05:00

By WILLARD KILLOUGH III
Managing Editor

KURE BEACH - Kure Beach Councilman Steve Pagley notified Town Clerk Nancy Avery last week following the November 3rd Election that he would resign his seat effective November 9th.
Pagley's resignation, dated November 4th, stated, "I regret to inform Council, that due to my company transferring me to Greenville, NC, I must resign my position on Council effective November 9th, 2015. It has been a pleasure and honor serving the Town of Kure Beach."
Pagley is a sales representative for Alabama based Consolidated Pipe & Supply.
Pagley has served on the Council since 2011 when he ran unopposed to serve the remaining two years of a four year term originally won by former Councilman Tim Fuller.
Pagley won election to Council again unopposed and his term expires in 2017.
According to state law, the Council may appoint a someone to fill the vacant seat until the next election which is November of 2017. Mayor Dean Lambeth lost his bid for reelection to Council member Emilie Swearingen on November 3rd. Lambeth's term doesn't officially end until the December meeting when Swearingen will take the oath of office as Mayor. Councilman David Heglar won reelection for another four year term. Planning Commissioner Joseph Whitley won election to a four year term. Both Heglar and Whitley ran unopposed due to candidate John Ellen withdrawing from the race earlier in the season.

State Law

North Carolina General Statute 160A-63.  "Vacancies" that governs vacant positions on municipal boards states, "A vacancy that occurs in an elective office of a city shall be filled by appointment of the city council. If the term of the office expires immediately following the next regular city election, or if the next regular city election will be held within 90 days after the vacancy occurs, the person appointed to fill the vacancy shall serve the remainder of the unexpired term. Otherwise, a successor shall be elected at the next regularly scheduled city election that is held more than 90 days after the vacancy occurs, and the person appointed to fill the vacancy shall serve only until the elected successor takes office. The elected successor shall then serve the remainder of the unexpired term."

Council Appointment In 2010

The Kure Beach Council is no stranger to making appointments to fill vacant positions.
In 2010 former Kure Beach Councilman Tim Fuller resigned his seat September 16, citing personal issues.
The Council held a special meeting on Monday September 20, at 5:30PM to consider the resignation.
The purpose of the Monday Council meeting was to officially accept Fuller's resignation and determine a course of action for filling that vacancy.
According to state law, the Council may appoint a replacement only until the next election which at the time was November of 2011. Then the two year remaining term would go on the ballot for election.
The Council's options were to appoint a replacement until November 2011 or leave the seat vacant until the 2011 election.
At the time, Mayor Dean Lambeth said not appointing someone "Is not the prudent thing to do."
He said, "It would be my suggestion that we advertise for the position via the Town's email list for all interested parties to have a list of their interest and qualifications that they feel would be beneficial to the Town and have those back to us no latter than Monday October 4th. At that time I would like Mayor Pro-tem Chuck Keener and myself review them and pick the most qualified, and still have all of the information for all the Council members. Then schedule a special meeting on October 11 at six of six-thirty and have the people interested in serving out this vacancy to appear before council for an interview. Then we could vote on it that night."
Councilman Jim Dugan asked, "In a situation like this, do all of the deliberations have to be in public?"
Councilman Barry Nelder asked, "You mean we can't have a closed session on this?"
Town Attorney Andy Canoutas said, "No."
Dugan said he wasn't talking about the interviews and, "Your suggestion was to have a small group of Council whittle it down to a manageable number and bring it back to all of us."
Lambeth said the idea would be to present all applications to the entire Council, as well as selecting some with the best qualifications.
Nelder asked, "Is it possible that we as the Council can have a - I guess we can't - a meeting to discuss this matter amongst ourselves. I didn't know. I wasn't sure."
It was determined that council members could talk to individual applicants one-on-one but as a Council it all has to be done in a public meeting.
Lambeth asked Canoutas, "Is that legal or not legal. Can we ask the interviewees to come in one at a time while the general public sits?"
Canoutas explained, "I don't think so. It's an open meeting. They can sit there. If you take care of the whole thing in one night there is no disadvantage to anyone if they hear whatever somebody else has to say."
The Council voted unanimously to accept Tim Fuller's resignation.
They set a deadline of Monday October 4 for interested parties to apply for appointment to the vacant seat and to interview candidates in an open meeting on October 11, at 6:30PM at Town Hall.  On the issue of thinning the ranks, Lambeth said, "No, we shouldn't do that. We will bring them all. It will be a cattle call."
The Town's email service was used to send out a notice. The question of publishing the date of the meeting in the newspaper was discussed, but Lambeth said it's more cost effective using the email service and "The news media will pick it up anyway."
The Council ultimately voted to appoint Emili Swearingen to fill Fuller's vacant seat until the next election. She served the remainder of that term and then was elected to another four year term on Council at the next election.

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