There has been a lot of speculation, specifically two short video clips taken from past Cabarrus County Commissioner Board (Board) meetings that have been going around recently, in an attempt to establish a precedent for the actions taken by some members of the current Board of Commissioners to appoint a new Commissioner to assume the seat that has been vacated by former County Commissioner, now North Carolina State Senator Chris Measmer. The clips show former Board Chairman Steve Morris (Chairman) and former Cabarrus County Attorney Rich Koch discussing whether outgoing Board members can provide input on their appointed replacements if those members need to step down from their roles. So, what’s the whole story and context of this situation? Let’s dive in.

Early in 2023, there arose concerns about Commissioner Lynn Shue’s ability to continue to serve as a result of some very serious skin cancer issues that he was dealing with. At that time, he approached then-Board Chairman Steve Morris and asked if he found it necessary to resign. The question was whether there was a process in place that would allow him to provide input and vote on his replacement, so long as his resignation was effective on a future date.

The response he received from the Chairman was that he would investigate the matter and come back with an answer. After consultation with several individuals at the Board retreat held on February 25, 2023, a discussion took place. A provision was added to the Rules of Procedure (Rules) stating that if an existing member resigns and delays the effective date of the resignation, such member may vote on their replacement so long as the vote occurs before the effective date of the resignation. That was approved in the amended Rules on April 17, 2023. The Chairman continued to pursue this action with members of the North Carolina General Assembly in Raleigh, having been advised that this would require special legislation for Cabarrus County.

After presenting the information to the Bill Drafting section of the North Carolina House of Representatives, Representative Kristin Baker reported to Chairman Morris that the Bill Drafting Committee had indicated that it was not possible because it was unconstitutional and in conflict with the existing statute. As a result of that report, the Board again amended the Rules and, on December 18, 2023, voted on a new version that did not include that provision because they had been told it was illegal. This version of the Rules was used to block the appointment of Mrs. Lamarie Austin-Stripling to fill the seat of then-Commissioner Chris Measmer on April 15, 2025.