April 1, 1986 - 11:00 AM - County Board of Commissioners Meeting Minutes (Emergency)

April 1, 1986The Johnston County Board of Commissioners met in emergency specialsession at 11 oclock am, Tuesday, April 1, 1986, in the Commissioners Room,Johnston County Courthouse, Smithfield, North Carolina, with the following memberspresentiNorman C Denning, Chairman, Frank B Holding, Vice Chairman, JamesW Cash, Howard Benton and John M Booker, DVMMembers Absent NoneAlso present Kramer Jackson, County Manager, Eleanor N Creech, Clerkto the Board, W R Britt, County Attorney, and Ann B Stallings, Supervisor,Johnston County Board of ElectionsiThe Chairman in calling the meeting to order stated that because of thesudden death of Sheriff George E Johnson, Monday, March 31, 1986, this emergencysession has been called to fill the vacancy of the unexpired term of the latesheriffThe Vice Chairman stated that because of the urgency of this matter,the board felt it necessry to call a meeting at this time1 The County Manager stated the Johnston County Board of Elections hadmet this morning at 9 oclock am, for the purpose of clarifying whether ornot voting ballots could be changed for the May primary He also told the boardthe County Attorney had met with the Assistant Attorney General earlier this morningto get rulings on several matters regarding election complications caused by theSheriffs deathThe County Attorney advised the board he had received the followingopinion from James M Wallace, Assistant Attorney General;Mr Norman C Denning, ChairmanBoard of County CommissionersJohnston CountySmithfield, NC 27577Dear Mr DenningIThis is in response to oral inquiry posed on your behalf by Mr WilliamR Britt, County Attorney, on April 1, 1986, regarding the death of one of twocandidates for nomination as the democratic candidate for SheriffFirst, you inquire as to whether filing should be reopened the candidateidied March 31, 1986 There is no provision in Chapter 163 of the General Statutesproviding for the reopening of filing in such a situation Should the deceasedcandidate, whose name will remain on the ballot, receive the majority of votescast, a vacancy will exist and should be filled as provided by lawI635April 1, 1986 ContinuedSecond, you inquire as to whether voter registration books should bereopened There is no provision authorizing the reopening of registration booksin such a situationThird, you inquire as to whether voters may cast write-in votes in theprimary No; write -ins are allowed only in the general electionI have discussed your inquiry with Mr Alex K Brock, Executive Secretary -Director, and he is in concurrence with the opinions expressed hereinUS If we can be of further assistance, please do not hesitate to contactSincerely,LACY H THORNBURGATTORNEY GENERALJames M WallaceAssistant Attorney GeneralJMW jmcc Ann B StallingsIn further explanation of the statement in the letter that reads; Shouldthe deceased candidate, whose name will remain on the ballot, receive the majorityof votes cast, a vacancy will exist and should be filled as provided by lawMr James M Wallace Assistant Attorney General called after the meeting withMr Britt and asked that this ruling be held tentative until more research couldbe made for a more definite rulingChief Deputy Freddy Narron spoke on behalf of the Sheriffs Department,saying we have suffered a great loss; but I think we have a department thatthe county is proud of He also assured the commissioners that the SheriffsOffice will strive to maintain this creditabilityBob Atkinson, Chief of Detectives, and Captain Ed Daughtry spoke representingthe Sheriffs Department in support of the appointment of Chief Deputy FreddyNarron as Sheriff to fill the unexpired term of the late Sheriff George E JohnsonDuring the meeting the County Attorney received a call from the AttorneyGenerals Office regarding the Chief Deputy carrying on the duties of the Sheriffin the interim period The General Statutes provide for the County Coroner toact as Sheriff until such time as the Board of Commissioners meet and appointsomeone as Sheriff It is the opinion of the Attorney Generals Office that noharm has been done by the Chief Deputy serving and carrying on a normal routineuntil such time as the commissioners make the appointmentThe board recessed for luch; resumed session at 220 pm2 Flags to be Flown at Half MastCommissioner Frank B Holding moved that flags at all county buildingsbe flown at half mast until 5 oclock pm, Thursday, April 3, 1986; and furtherthat county employees be allowed to attend Sheriff Johnsons funeral should theywish to do soCommissioner Howard Benton seconded the motion which was carried bythe following voteAye Frank B Holding, Howard Benton, James W Cash, John M Booker,and Norman C DenningNay None3 Resolution - Sheriff George E JohnsonCommissioner Frank B Holding suggested the County Attorney be instructedto draw the proper resolution declaring the countys appreciation of outstandingservices of the deceased sheriff This resolution to be brought back before theboard for adoption first Monday »OvozeoorN o-rm`anC enning, ChairmanClerk to the Board|1`~jCommissioner Frank B Holding moved that FreddyN arron, Chief Deputy,beappointed as Sheriff of Johnston County, this date ofApril 1, 1986 to filltheunexpired term of Sheriff George E Johnson, deceasedCommissioner John M Booker seconded the motionwhich was carried bythefollowing vote;Aye Frank R Holding, John M Booker, James W Cash, Howard Bentonand Norman C DenningNay None5Sheriff Freddy Narron RespondsSheriff Freddy Narron responded; x| appreciatethe confidence of thisappointment and | will do the best job | can possibly dofor you and the peopleofJohnston CountyUpon a motion by Commissioner John M Booker, dulyseconded by CommissionerJames W Cash and carried, the board adjourned»OvozeoorN o-rm`anC enning, ChairmanClerk to the Board|1`~jDetailsAnnotationsEntry PropertiesModified11192013 113647 AMCreated4162003 103503 AMTemplateMinutesFieldsMinutes - TypeEmergencyMinutes - Date411986Book17