Disclaimer: This article is intended to provide general information based on the Foxfire Village Charter, North Carolina law, and publicly available guidance from the UNC School of Government. It is not legal advice or an official statement of the Village. When the Foxfire Village Council releases official information regarding the vacancy and appointment process, residents should refer to that information for the most current details.
With Council Member Robbins resignation, the Foxfire Village Charter requires the remaining council members to appoint a qualified voter within 30 days to fill the vacant seat. (Municode Library)
The appointment must be public
North Carolina law does not allow the council to meet in closed session to DISCUSS or choose a replacement for a council vacancy.
The discussion, deliberation, and final vote must take place in an open public meeting. The appointment should not be decided behind closed doors or through a private consensus before the public meeting.
Who can be appointed?
Under the Foxfire Village Charter, the council must appoint a qualified voter. The Charter does not require the appointment of the candidate who received the next highest number of votes in the last election. Any eligible Foxfire resident who meets the legal qualifications may be considered. (Municode Library)
Legal requirements: To be eligible, a person must:
- Be a qualified voter.
- Be registered to vote.
- Reside within Foxfire Village.
- Meet the legal qualifications to hold municipal office under North Carolina law. (North Carolina General Assembly)
Recommended best practices
The UNC School of Government recommends a transparent process that includes:
- Publicly announcing the vacancy.
- Allowing interested qualified residents to apply.
- Discussing candidates in an open meeting.
- Voting in public.
How long will the appointee serve?
Because Robbins resigned during the first year of a four-year term, the appointment is temporary. Under the Foxfire Charter, the vacancy is filled until the next regular municipal election, when voters elect someone to complete the remainder of the term. Since Foxfire’s election schedule was recently changed to even-numbered years, the timing of that election is expected to follow the new schedule established by the General Assembly. (North Carolina General Assembly)