PENDER COUNTY — The Pender County GOP has tallied its executive committee to decide who should fulfill Brad George’s seat on the Pender County Board of Commissioners. The recommendation, now to be taken up by commissioners, came down to one vote.
Pender County Board of Education member Beth Burns beat out Shayne Frey in a Thursday-night vote from the 29 Pender County Republican Executive Committee members. Since George, from District 1, stepped down from his seat in August, the committee is charged with recommending to county commissioners who will take his place until November’s election.
North Carolina statute 153A-27.1 says as long as the party committee submits its recommendation within 30 days of the vacancy, the board of commissioners must appoint the person recommended.
READ MORE: Pender County GOP has 2 commissioner nominees to fulfill Brad George’s term
Burns won the recommendation 15-14. She was unavailable for comment by press and Shayne Frey, the other self-nominated candidate to take George’s place, did not respond to Port City Daily.
Frey won the primary election in March to be the Republican candidate for the District 1 seat, after George decided not to seek re-election. Frey is running against Democrat Tim Zizack in November.
As members of the Pender County Republican Executive Committee, both Frey and Burns had to abstain from voting on the appointment, though they were allowed to speak before the vote Thursday. Committee members then had the opportunity to submit questions to the candidates after the speeches but declined to do so, according to Pender County GOP Chair Joshua Smith.
A list of how members voted has been circulating on social media; however, Smith told Port City Daily it does not represent an authentic vote tracker. He said the committee used secret ballots to vote and the list appeared to be speculative.
Burns will serve out the remainder of George’s term. Confusion still remains on whether she will be allowed to continue to hold her school board seat, where she has served for eight years but did not seek re-election this year.
Smith cited North Carolina state statute 128-1.1, which specifies someone cannot hold two elected positions at once; it also indicates an elected official can hold one elected position and be appointed to another. Smith interprets it to mean Burns can serve on both boards because, while typically the District 1 commissioner seat is an elected position, Burns is being appointed there by the GOP to serve out the remaining two-month term.
However, her appointment still creates a conflict of interest, since the county commission also oversees the school district’s budget.
Pender County Schools spokesperson Bob Fankboner told Port City Daily Burns was seeking guidance from state officials as to whether she can serve on both boards simultaneously. Fankboner said a decision on Burns’ service to the school board will not be made until she receives that guidance.
County spokesperson Brandi Cobb mirrored Fankboner’s statement, adding that legal council is reviewing the matter.
The commissioners’ vote to fill the District 1 vacancy has not been added to a board agenda yet; they meet next on Sept. 8. However, Smith said he has asked the board to move forward with the appointment “as soon as possible.”
Aside from his seat on the board of commissioners, George also held positions on Cape Fear Community College Board of Trustees, Topsail Island Shoreline Protection, Juvenile Crime Prevention Council, Wilmington Business Development and Wilmington Area Metropolitan Planning Organization.
During the Aug. 17 commissioners meeting, the board voted on George’s replacements.
George asked to remain a trustee at CFCC; however, commissioners Randy Burton, Jerry Groves and Brent Springer were inclined to replace him. Springer said he would like to serve the remainder of George’s CFCC term.
Commissioner Jimmy Tate advocated for his former colleague, saying he made a promise to George that he would not vote to replace him.
“He was good enough to be our vice chair.” Tate said at the Aug. 17 meeting. “What, we’re going to vote him off tonight and put somebody else on the board? That’s not right.”
Burton questioned if George was allowed to retain his position.
The board’s attorney Katie Barber-Jones said the policy was “clear as mud” on whether George exiting as commissioner creates the vacancy.
While commissioners have the authority to appoint someone as a trustee, the statute does not say that person has to be a commissioner nor does it make it clear if George’s seat is vacant upon his exit.
Groves put a motion forth to accept all appointments discussed at the meeting. Tate was the only commissioner to vote against it.
It is now up to the CFCC Board of Trustees to see if it considers George’s seat vacant or if they still recognize his position on the board.
Cape Fear Community College did not respond by press to Port City Daily’s question on how they plan to move forward.
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