Lame duck Davidson advisory board appointments are not binding

One of the items passed by Davidson's outgoing "lame duck" Board on Tuesday included appointing 21 people to Davidson's various advisory Boards including Planning, Design Review, Public Art, and Livability.

The tradition of the outgoing Board making these appointments has been going on as long as aShortChronicle has been covering Davidson Town Hall.  In most cases, there isn't really anything wrong with that since as the saying goes "the new boss is the same as the old boss" after most elections.  However, that certainly is not the case this year.

aShortChronicle has learned that these appointments are not binding on the incoming Board of Commissioners.  With that in mind, it is strongly recommended that the new Board consider rolling back these appointments until they have time to review.

This is not a statement against any specific appointee.  However, in the wake of the wave election just completed the new Board of Commissioners and Mayor deserve to have a say in how the advisory boards they will be dealing with are populated.  Not only is the 21 appointments a large number, there are multiple new seats that have been added to these bodies as well.  At a minimum, the new Board should take a look at the new seats.  However, looking at the entire list to make sure it gets new blood and new thinking into town government is also warranted.

What aShortChronicle has learned is that while appointing bodies can make appointments for terms starting in the future, those appointments are not binding if the appointing body is not in power when those future appointments start.  Check out this article from the UNC School of Government for the details.
In the case of the advisory board appointments made by Davidson's lame duck Board of Commissioners, none of the advisory board terms start until January 1st.  Davidson's current Board leaves office at the December meeting.  aShortChronicle checked with Professor Frayda Bluestein with the UNC-SOG who wrote the article linked above to confirm that understanding, and per her response these appointments do not appear to be binding.

While certainly, taking an action like rescinding these appointments would be uncomfortable, it would also provide the newly elected officials the opportunity to open up local government to more new thinking.

Davidson's new crop of elected officials needs to know they have the opportunity and the authority to do so.