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Vacated Carrboro seat prompts questions

Dec. 7 - Weeks after contention first arose, newly sworn-in Mayor Mark Chilton announced plans to schedule a special meeting of the Carrboro Board of Aldermen to discuss how to fill the seat he officially vacated Tuesday.

Chilton said the aldermen will meet Dec. 13 to decide how they will go forward with filling the seat. "I don't really know what we'll come up with at the meeting," he said. "It sounds to me like we'll head in the direction of accepting applications."

That procedure was last used to add Alderman Joal Hall Broun in 1998 following the death of Hank Anderson. There have been no midterm vacancies in Carrboro since that time.

Chilton said he hopes the aldermen will hold another special meeting Jan. 31 to make a final decision.

Such a move would delay the decision until after two northern areas will be annexed into Carrboro and would generate a decision before the aldermen's annual planning retreat, which will be held Feb. 6 and Feb. 7.

Former alderman candidates Katrina Ryan, Catherine DeVine and David Marshall, who finished fourth, fifth and sixth, respectively, all have said they plan to apply for the open seat.

And the possibility of an open application process will allow the input of residents who did not run in the initial election.

The procedure for filling the seat has been much disputed since the November election, with different factions advancing varying interpretations of the state and local laws that govern midterm appointments.

Ryan has maintained that, according to her reading of the Town Code, she should fill the seat by virtue of her fourth-place finish in the election.

But Town Attorney Mike Brough's interpretation of the Code suggests there should be an application process that would allow the aldermen to appoint a new member.

Ryan said the lawyers with whom she has consulted maintain that the provision in the Code that relates to filling an alderman seat is not up to date with state statutes.

Old N.C. statutes required aldermen to resign before running for office, which is reflected in the wording of current Town Code, Ryan said.

Ryan, a resident of The Highlands, one of the neighborhoods that will be annexed Jan. 31, ran in part to serve as a voice for her neighbors. She moved to an apartment within the existing town borders in order to run for the board, because annexed residents cannot vote in municipal elections until the move becomes official.

Chilton's proposed meeting will give the future Carrboro residents, who were ineligible to run in this year's election, an opportunity to serve, Ryan said.

 

Contact the City Editor at citydesk@unc.edu.

 

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