The same week its former director appealed to the state elections board to review his removal, the New Hanover County Board of Elections voted 2-1 Tuesday to appoint the office’s second-in-command as interim director and nominate him for the permanent position.
With opposition from member Tannis Nelson, a Democrat, Republicans John Ferrante and Marlene Mitchell voted to appoint Elections Supervisor Derek Bowens, who has been acting director since the removal of Marvin McFadyen last month, as interim director and to submit his nomination to the state board.
Nelson argued Bowens lacks the experience required of the job and insisted that the board advertise the position and hold interviews to find the best candidate. But Ferrante and Mitchell maintained that Bowens is that, noting his nearly three years in the elections office and producing a letter of unanimous support from the rest of the staff.
A similar vote was cast in January when the board petitioned the state to remove McFadyen, who had served as director since May 2011. The petition detailed the board’s reasons for seeking his termination, including a lack of confidence in McFadyen’s abilities as director, alleged failures by McFadyen to perform his duties and manage others, and recent incidents such as his arrest in November on a misdemeanor charge of assault on a female.
In a ruling last week, the deputy director of the state elections board determined there was just cause for McFadyen’s removal and granted the petition. McFadyen wrote a letter appealing to the board to review the case in a hearing, as state statute allows the board to do within a 20-day period.
After an hour’s worth of discussion on the interim director appointment and other matters, Ferrante, who chairs the county board, advocated for Bowens’ immediate appointment.
“I’ve talked to staff, I’ve talked to people in the county, and I think that he is more than qualified to be nominated to the state to fill the position that is vacant right now,” Ferrante said.
Contending Bowens has the support of the state, the county and the employees—“which to me is one of the most important things,” he said—Ferrante added: “I think the previous chapter is closed, and I think it’s an opportunity for us to move on.”
Nelson maintained the board should advertise the position and conduct interviews, arguing that Bowens had received the same training that McFadyen had on confidentiality of voter information, referring to an incident cited in the petition in which McFadyen’s computer was found to be the source of several emails containing voter information that were viewable on the county’s public computer terminal. McFadyen has said he was not individually responsible for the error, and Nelson put the blame on Bowens at the meeting.
Related story: Elections board to investigate response to ballots discovered on public computer
Ferrante said the state found McFadyen was responsible, and he added that “casting a broad net” for candidates would involve a monthslong process, contending that the board needed to fill the position promptly.
Nelson also scrutinized Bowens’ experience, which she said is less than the three years required in a description of the job. Ferrante countered that Bowens is one week shy of the three-year requirement.
“I’m not going to support something that brings back what we’ve done in the past,” Ferrante said. “If you do what you’ve always done, you will get what you always got.
“The past is the past. It’s over,” he said. “We are looking forward. This man is here; he has hit the ground running. He enjoys my support, and I hope he enjoys the majority support of the board.”
The state elections board has until Feb. 24—20 days after the decision was rendered—to defer the decision and schedule a hearing. A spokesman has noted the board has not granted an exemption to a director’s decision in the past 15 years.
Related stories:
- Elections board petitions state to remove director McFadyen
- Related story: Elections board’s request for director’s dismissal detailed in petition
- Elections director responds to requested removal, calls chairman ‘forceful, stubborn’
Jonathan Spiers is a reporter for Port City Daily. He can be reached at (910) 772-6313 or jonathan.s@portcitydaily.com. On Twitter: @jrspiers