State elections lawyer on process for removing county director

During a 45-minute meeting with former Forsyth County Board of Elections employee Rebecca VanderKlok in Clemmons on Jan. 13, Don Wright, general counsel for the State Board of Elections discussed in detail the possible removal of county Elections Director Rob Coffman.

Don Wright: “The State Board of Elections — there’s the five — they are in control of the executive director [Gary Bartlett], and they generally — they’re also in control of the county board of elections, they can remove for cause any member of the county board of elections, but they do not deal with the relationship between the county board of elections and county board staff. Other words, hiring an assistant or a campaign finance person, that’s up to the county board.

“However, the executive director, by statute, for cause, can take action against a county director with or without the consent of the county board.”

Rebecca VanderKlok: “I’m aware of that.”

Wright: “Now, the State Board of Elections, if anything further’s going to happen to the county director, they have to become involved, and what they would generally do is they would unite with the county board and try to work to see where there’s a consensus, but if they think the county board has not taken the correct position they can deal directly with the director. Also, two other situations: When we have removed the director and the county board says, ‘We don’t know what to do,’ we will staff a county. And that’s generally small counties. We’ve run county boards for several months at a time. A office the size of y’all, it would be looked to the staff, and say, ‘Who can do it?’

“Another thing is when Pam [Johnson] and Terry [Cox] and staff — the channel is this: To the county board. And you did the right thing, Rebecca, by writing [county board chair] Linda Sutton. You’re disappointed because the county board took no action. I’m down here basically to find out what’s going on, confirm our opinions so I can report to the executive director: ‘This is the lay of the land and if you want my opinion,’ so, da da da da. ‘These are steps that will be taken,’ da da da da. When, deadlines, that sort of thing. If something’s going to happen, it’s going to be this year; it’s not going to be 2012. I don’t know what will happen. It will be up to basically my executive director and the state board, and a possibility which may make you feel good. ’Cause come June 2011 the county board has to be reappointed.”

VanderKlok: “Mm hmm. Right.”

Wright: “And rumor has it that [Republican board member Jerry] Jordan doesn’t want to be reappointed.”

VanderKlok: “I’ve heard that.”

Wright: “Rumor has it that [Democratic board member Frank] Dickerson is not all that enthusiastic. I think Sutton is leaning towards wanting, if they would re-nominate her, to re-nominate her ’cause she feels she has unfinished business.”

VanderKlok: “Hmm.”

Wright: “Which means, that’s a new board with probably, I’m guessing, two sets of new eyes to look at items which have been looked at before and resulted in inaction. I can’t tell you if there are going to be two new board members or not. I can’t tell you if Linda Sutton will be re-nominated or not because that’s up to the political parties. But if there are two new board members, they’re going to be looking at stuff anew. And also, too, there are going to be two new board members that haven’t had time to come under the influence of the county….”

VanderKlok: “Right. Oh, he’ll schmooze ’em real quick. He’s good at that.”

Wright: “Well, we understand that but we also understand that probably new board members here probably would benefit from an orientation….”

VanderKlok: “Well, that’s true….”

Wright: “… by the state board staff and also lay of the land by somebody staying on — one person. So there’s some events happening.”