Cabarrus County commissioners appoint La Marie Stripling to anticipated vacancy

The Cabarrus County Board of Commissioners voted April 10 to appoint La Marie Stripling to an anticipated unexpired term on the board created when Chairman Chris Meesmer is sworn into the North Carolina Senate. The board also suspended a rule of procedure and used a nomination process followed by a signed written ballot to make the appointment.

County Attorney (name not specified) told the board the special-called meeting had been validly noticed and said Chairman Chris Meesmer had not yet taken the oath of office for the state Senate, so he remains a county commissioner until that oath is administered. The attorney recommended simplifying the county’s rule 37(c) and using the nomination procedure in rule 37(b) followed by written balloting under rule 29(b).

The recommendation mattered because the board was preparing to act on a vacancy that is expected but not yet created. “That is a cleaner and clearer way to proceed within the existing rules of procedure without delving into rule 37(c)’s rank choice tabulations that run the risk of not attaining any clear appointment,” the county attorney said.

Vice Chair Commissioner Laura Lindsey made a motion to suspend rule 37(c) and instead use rule 37(b) nominations followed by the written ballot under rule 29(b). The motion was seconded and carried by voice vote without a recorded roll-call.

Lindsey nominated La Marie Stripling to fill the anticipated unexpired term. Commissioners were told the county had received about 40 applications for the vacancy and that the local Republican Party executive committee had submitted Stripling’s name. Lindsey described Stripling as having “absolutely amazing” community service and noted her roles with the Concord United Committee and local economic development efforts.

The board then conducted a signed written ballot. Vice Chair Laura Lindsey and Commissioner Larry Pittman each cast a recorded “yes.” Chairman Chris Meesmer announced he voted “present.” The county attorney and the clerk advised that, under the board’s rules and relevant law and procedures, a “present” vote in this context is treated as an affirmative for recording purposes; the clerk recorded the outcome as three affirmative votes and declared the appointment carried. The board announced congratulations to La Marie Stripling, who was present at the meeting.

The meeting concluded after the appointment and a motion to adjourn.

Background: The county attorney cited Article II, Section 12 of the North Carolina Constitution and a North Carolina general statute requiring the oath of office before assuming legislative duties. He also referenced North Carolina General Statute 153A-27 regarding procedures for existing vacancies and noted that rule 37(c) in the board’s rules of procedure is not among the model rules produced by the UNC School of Government. The attorney did not opine on political matters and stated the final action was for the board to decide.