Cabarrus commissioner misses meeting as judge mulls validity of her appointment
A newly appointed Cabarrus County commissioner was absent for her second board meeting Tuesday as the validity of her appointment remains in limbo.
LaMarie Austin-Stripling was not able to take the oath of office after North Carolina Superior Court Judge Steven Warren issued a temporary restraining order against her on April 15. His order came after Cabarrus Citizens for Government Integrity filed a lawsuit against the county, challenging whether commissioners followed the proper appointment process. The restraining order expires on April 25.
A hearing was held for the case on Monday and the judge is expected to make a decision by Friday, according to court documents. Warren wrote in his order that the case could have enough merit to win.
Though no commissioners brought up the lawsuit or Austin-Stripling's absence at the Tuesday evening Cabarrus County Board of Commissioners meeting, Cabarrus County Republican Party Vice Chair Jim Quick used public comment time to compare the lawsuit and controversy to racism, even quoting Martin Luther King Jr.'s 'I Have a Dream' speech.
'I also look forward to a day where the people of Cabarrus County will not be judged solely on the intensity of their MAGA red hue or progressive blue tint, but rather by the content of their character,' he said.
Austin-Stripling was recommended by the Cabarrus GOP — where she serves as treasurer — to replace former commissioner Chris Measmer on the board. Measmer, who was sworn into office as a North Carolina senator April 15, had not yet vacated his seat when the commission appointed Austin-Stripling. Measmer himself voted 'present' at the meeting, which counted as an affirmative vote.
The lawsuit, filed April 14, states the commission violated state law when it held a meeting to appoint Austin-Stripling before Measmer had resigned.
'Three BOC members acted in concert to blatantly and knowingly violate state law and the BOC's own Rules of Procedure to ensure that a 'predicted' vacancy on the BOC would not be filled by a political opponent,' the lawsuit states.
County Attorney Daniel Peterson said at the time Measmer had a right to vote as long as he was still a member of the commission. Peterson has not responded to multiple requests for comment from The Charlotte Observer.
The April 10 meeting, where three present commissioners voted in favor of Austin-Stripling, was set less than 72 hours after Measmer announced he would leave the board. Commissioner Lynn Shue, who receives dialysis, said he believes the meeting was intentionally set at 8 a.m. so he would not be able to attend. Commissioner Kenny Wortman, a vocal critic of Measmer, was also absent from the meeting.
Wortman said in a phone call with the Observer Tuesday morning the board had the potential to revote on the appointment Tuesday night since Measmer had left. The vote could nullify the lawsuit and save taxpayer money on legal fees, he said. No such vote ultimately occurred.
If the appointment was brought to a revote and commissioners tied, it would be up to Clerk of Court Bill Baggs to make the decision. If the commission does not fill the vacant seat within 20 days as required by state law, the decision would also be left to Baggs.
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