AGENDA ITEM EXECUTIVE SUMMARY
ITEM TITLE*
title
Town Council Vacancy Application Review
presenter
RESPONSIBLE STAFF, TITLE, DEPARTMENT*
Brittney Hunt, Town Clerk, Town Clerk’s Office
James Baker, Interim Town Attorney, Town Attorney’s Office
STAFF RECOMMENDATION*
Staff recommends that the Town Council review and discuss the submitted applications for the current Council vacancy, in accordance with the process outlined by the Town Attorney and applicable legal requirements.
body
LEGISLATIVE CONTEXT*
Pursuant to North Carolina General Statute § 160A-63 and Section 2.3 of the Town Charter, vacancies on the Town Council must be filled by appointment of the Council. These provisions authorize the Council to appoint a qualified individual to serve for the remainder of the unexpired term.
BACKGROUND AND CONTEXT*
In June 2025, Town Attorney Ann Anderson offered the following summary to Council of the process for filling a Council vacancy for the remainder of a member’s term:
1. At the first Council meeting after the vacancy occurs, the mayor will announce the vacancy.
2. The mayor will direct that notice of vacancy be published within 7 days of the meeting.
3. At the same meeting, the Council will set a deadline for applications, which shall be no less than 7 days and no more than 30 days after the notice is published.
4. Applications shall include the name, address, and signature of the applicant and any other supporting materials the applicant wishes to include. No specific form is required.
5. Applications are to be distributed to the Council promptly after the deadline.
6. At the next meeting after the deadline, the Council shall review the applications and may make nominations from those who applied.
7. At the next meeting at least 6 days later, the Council may make further nominations from those who applied and may make the appointment.
8. The Council is to consider the vacancy at each subsequent meeting until the vacancy is filled. There is no strict statutory deadline for the Council to fill the vacancy. However, both the General Statute (Sec. 160A-63) and Town Charter (Sec. 2.3) state that vacancies “shall be filled” by appointment by the Council.
As this is the first meeting following the deadline for applications, the Council may make nominations from those who applied. If the Council does not make an appointment at this meeting, Council is required to consider the vacancy at its next meeting.
ATTACHMENTS
General Statute § 160A-63
Chapel Hill Code (Chapter 2, Article II) Governing Council Vacancy
end