Commissioner Chris Barnett, chair of the Josephine County Board of Commissioners, opened an informational meeting at 10 a.m. Dec. 31 and said the board could not take action because a quorum was not present.
"A quorum of the board is not present. And because there is no quorum, the board cannot conduct interviews, deliberate, or take any action on the record," Barnett said, reading procedural limitations into the record.
Barnett said he has "been attempting to fulfill the board's obligation under the county charter to appoint a commissioner to the vacancy created by the resignation of commissioner Andreas Black," and that the charter requires the two remaining commissioners to make an appointment within 30 days.
Barnett told the meeting that Commissioner Ron Smith "has publicly recused himself from the appointment process and has also failed to attend notice meetings for that purpose," which Barnett said has "effectively stalled the appointment process and jeopardized the board's ability to function." He described the circumstance as "unusual" and one that "appears unprecedented in Oregon."
On statutory questions, Barnett said, "Based on my understanding of Oregon statute 244, no statutory conflict or interest have been articulated that would legally require commissioner Smith's recusal." He did not cite a county legal opinion endorsing that interpretation at the meeting; county counsel declined to participate in the session.
Barnett also told the record that "A mandamus action has recently been filed by a citizen seeking judicial clarity on these obligations," and he warned that "if this impasse continues beyond the 30 day period, judicial or other lawful remedies may need to be explored to resolve a situation that threatens the continuity of county governance." The filing and any future remedies were not detailed during the informational meeting.
Because no formal quorum was present, the board took no votes, made no appointment, and conducted no interviews. Barnett adjourned the meeting at 10:03 a.m. and closed with holiday remarks.
Next steps for resolving the vacancy were not set at the session; Barnett recorded his view of the obligations and ongoing attempts to convene the board, and noted the pending mandamus filing as one path toward judicial clarification.