NC county ordered to pay thousands to group that sued over senator’s former seat
A judge ordered Cabarrus County to pay nearly $13,000 in legal fees to a citizens group that successfully challenged the county commission’s vote to appoint a replacement to a not-yet-vacant seat.
Superior Court Judge Steve Warren gave the county 30 days to pay Cabarrus Citizens for Government Integrity, according to court records filed electronically on Tuesday. The order follows a monthlong legal dispute over the commission’s attempt to replace N.C. Sen. Chris Measmer on the Cabarrus County commission after his appointment. The judge previously barred the commission’s appointee from taking office and said Measmer voted on his own replacement before formally resigning, making the appointment invalid.
Cabarrus County Clerk of Court Bill Baggs appointed Jeffrey Jones, a local attorney, to the seat Tuesday afternoon.
“They want to lower our taxes and cut wasteful spending… but we’re going to have to pay attorney fees out of a stupid ass decision that they made trying to undercut the rules,” Commissioner Kenny Wortman told The Charlotte Observer. “I don’t want to hear anything about wasteful spending.”
Wortman and Commissioner Lynn Shue were absent from the meeting where Measmer and Commissioners Laura Lindsey and Larry Pittman voted on Measmer’s replacement. Wortman tends to vote differently than Lindsey and Pittman on personnel issues including the firing of the former county manager and county attorney.
County Attorney Daniel Peterson said in an email to the Observer the money will be paid from the county’s general liability and claims budget.
The county and the citizens group agreed to the sum before getting the judge’s approval in hopes of putting the legal battle to rest, he said. Peterson also said the county still contends the actions of the board were lawful and valid.
“The effort here is to put this matter to rest and allow the Board and the community it serves to move forward,” he said.
The North Carolina Democratic Party released a statement Wednesday criticizing Measmer for leading the commission to vote on his replacement before he resigned.
“Following the law is not optional, and it’s unfortunate that the taxpayers of Cabarrus County are forced to pick up the tab for Measmer’s power grab,” Spokesperson Dawson McNamara-Bloom said in the news release.
NC House votes to change Cabarrus County appointment rule
In a related matter, the North Carolina House on Wednesday voted 66–42 to pass legislation that changes how the Cabarrus Board of County Commissioners fills vacancies.
The bill would add Cabarrus County to a list of counties where local political parties nominate a replacement when a partisan commissioner seat becomes vacant. Currently, the commission selects replacements through a board vote. The new process would only apply to vacancies occurring after the bill becomes law.
Rep. Brian Echevarria, the bill’s sponsor and former chair of the Cabarrus County Republican Party, told The Charlotte Observer on Tuesday he had no role in the recent appointment dispute involving Measmer. Echevarria said he hopes that the political and legal drama around the issue are now resolved.
Baggs told the Observer he did not fill the vacant seat due quickly to the looming bill, but because the 10-day period he had to make a decision would end Thursday.
“He’s an attorney. He’s practiced here a long time and I think he’s the kind of guy that’s pretty level headed and could do the job,” Baggs said of Jones. “And he actually came seeking the job.”
News & Observer reporter Avi Bajpai contributed reporting.
