Carolina Beach Council To Consider Filling Vacancy At Dec. 10th Meeting

The Carolina Beach Council will have to vote during the December 2019 meeting to appoint someone to fill a vacant Council seat after Council member Leann Pierce won her bid for the office of Mayor in November. The Carolina Beach Council will have to vote during the December 2019 meeting to appoint someone to fill a vacant Council seat after Council member Leann Pierce won her bid for the office of Mayor in November.

Carolina Beach Council To Consider Filling Vacancy At Dec. 10th Meeting Featured

By / Local News / Wednesday, 04 December 2019 21:20

By WILLARD KILLOUGH III
Managing Editor

CAROLINA BEACH -  The Carolina Beach Town Council will hold their regular monthly meeting on December 10th, 2019 and during that meeting the Council will swear in newly elected members.

Carolina Beach Council member LeAnn Pierce will be sworn in as Mayor for a two year term during the Council's December 10th, meeting at 6:30pm. Newly elected Council members Lynn Barbee and Jay Healy will also take the oath of office for a four year term.

According to the agenda for the December 10th, meeting, once those elected leaders are sworn into office, "Mayor Pierce will ask if there are any nominations for the unexpired Council seat. Council can vote to appoint someone to fill the position or conduct an application process."

The Council will be required to take action including, "Nominations to fill the unexpired Council seat vacated by Mayor Pierce will be accepted at this time. There must be 3 affirmative votes for a motion to pass. If Council chooses to go through an application process, they will set an application deadline and a special meeting to review applications. The application review must be held in open session."

Other than considering applicants through an open process, the Council will have to make a good faith effort at every regular monthly meeting and vote on appointing someone to fill the vacant seat until an appointment is agreed upon by a majority vote.

Over the years, both Carolina Beach and Kure Beach have considered applications from citizens to fill vacancies.

State law precludes a Town Council from discussing or considering the qualifications of applicants behind closed doors in a closed session.

The person that is ultimately appointed to fill the vacancy will serve the remainder of Pierce's four-year Council term until the next municipal election in two years.

Chapter 160A-63 of the North Caroline General Statutes titled, "Vacancies." 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. If the number of vacancies on the council is such that a quorum of the council cannot be obtained, the mayor shall appoint enough members to make up a quorum, and the council shall then proceed to fill the remaining vacancies. If the number of vacancies on the council is such that a quorum of the council cannot be obtained and the office of mayor is vacant, the Governor may fill the vacancies upon the request of any remaining member of the council, or upon the petition of any five registered voters of the city. Vacancies in appointive offices shall be filled by the same authority that makes the initial appointment. This section shall not apply to vacancies in cities that have not held a city election, levied any taxes, or engaged in any municipal functions for a period of five years or more."

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