We, the undersigned citizens and residents of Swain County, North Carolina, call for strict adherence to North Carolina law and fair public process in filling the current vacancy in the office of Chairman of the Swain County Board of Commissioners.

This position is a publicly elected office chosen by the voters—not an internally promoted position. Any attempt to internally appoint a sitting commissioner to this elected role violates both the public’s right to choose its leadership and the conflict-of-interest standards established in Robert’s Rules of Order and state statute.

This petition is open only to residents and registered voters of Swain County, North Carolina.

By signing, you affirm that you live in Swain County or are a qualified voter within the county.

Signatures will be verified by ZIP code before submission.

Note: Residents, property owners, and individuals with established ties to Swain County are encouraged to share their connection to the community in the comments section.

WHEREAS:

The office of Chairman of the Swain County Board of Commissioners is an elected position, chosen directly by the qualified voters of Swain County under North Carolina General Statute §153A-39; and
Said statute distinguishes between counties in which the board elects its chair internally and those—such as Swain County—where the chairman is publicly elected by the electorate; and
The elected Chairman has vacated the office prior to the expiration of the elected term; and
Under North Carolina General Statute §128-7, any vacancy in an elective county office may be temporarily filled by appointment of the Board of Commissioners only until the next general election for county officers, at which time the position must appear on the public ballot; and
At a recent meeting, Commissioner Phil Carson was moved and seconded for appointment to the vacant chairmanship, while abstaining from the vote himself. This sequence constitutes an indirect self-appointment that creates a clear conflict of interest under Robert’s Rules of Order Newly Revised (12th Edition, §45:4) and G.S. §14-234, which prohibit any member from taking part in a decision yielding personal or positional benefit; and
The board vote having failed to reach a lawful majority, the matter is subject to referral to the Clerk of Superior Court for resolution under §128-7; and
An emergency session of the Swain County Board of Commissioners has been scheduled prior to the statutory deadline for referral of the vacancy to the Clerk of Superior Court, allowing the Board one final opportunity to lawfully appoint an interim presiding officer; and
Should the Board fail to reach a valid majority decision during said emergency session, North Carolina General Statute §128-7 requires that the Clerk of Superior Court make the appointment to temporarily fill the office of Chairman until the next general election; and
The citizens of Swain County have a vested interest in preserving the integrity of the public electoral process and ensuring that no commissioner assumes an office meant to be filled by the voters.

THEREFORE, WE, THE UNDERSIGNED CITIZENS OF SWAIN COUNTY, DO HEREBY PETITION THAT:

The Board of Commissioners acknowledge that the office of Chairman is a publicly elected seat and not subject to permanent internal appointment;
Commissioner Phil Carson be formally excluded from further consideration for appointment to the office of Chairman, whether by the Board or by the Clerk of Superior Court, due to the conflict of interest and appearance of self-appointment;
The Board designate only an acting or interim presiding officer to conduct meetings until the next general election; and
The Clerk of Superior Court and the Swain County Board of Elections be formally notified of this petition and the public’s objection to Commissioner Carson’s candidacy for the Chair vacancy.