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Commissioner Kevin Brinkley resigns immediately after telling board he moved out of town
Summary
Commissioner Kevin Brinkley told the Nags Head Board of Commissioners he had moved to a temporary residence in Manteo and asked to resign immediately. The board accepted his resignation; the town attorney explained three legal factors courts and the State Board of Elections use to assess domicile for office‑holding.
Commissioner Kevin Brinkley told the Nags Head Board of Commissioners on Oct. 2 that his home listed for sale had closed and he had moved to a temporary residence outside town, then asked the board to accept his immediate resignation.
"Effective immediately, mayor, I would ask that you respectfully accept my resignation from the board," Brinkley said. Town Attorney John Leidy summarized legal guidance he had researched, telling commissioners that to establish a new domicile after a move "there must be 3 things shown to show that somebody has established a new residence:" (1) abandonment of the prior domicile with no intent to return, (2) acquisition of a new domicile by actual residence, and (3) intent to make the new domicile permanent.
Mayor Ben Cahoon responded, "We do accept your resignation with great sadness this morning," and the board moved on to brief remarks thanking Brinkley for decades of service as a police officer, police chief and commissioner.
The resignation creates a vacant seat on the board. Cahoon said the commissioners will develop and publish a process to fill the vacancy before the Nov. 2024 meeting. He emphasized the town intends to be "open and transparent about the process and about our selection." The board recessed briefly after the resignation and later continued other agenda business.
What happens next: the board will announce the process for accepting applications or nominations and a timeline before the November meeting. The transcript does not record any formal appointment or special election timetable; those details were described as "to be determined."
