Blog post: Pierce Freelon has been appointed to the Durham City Council. But is it legal?
Durham City Council voted on Aug. 31 to appoint Pierce Freelon to the Ward 3 seat. The seat had been left vacant by Vernetta Alston in April when she left for the 29th district seat on the state House of Representatives. Freelon is a musician and son of the late architect Phil Freelon and jazz musician Nnenna Freelon. He had run unsuccessfully for the state senate this year and for Durham mayor in 2017. In April, the city council was debating whether to appoint someone to the seat or to let the public decide on election day. So why was the appointment of Freelon suddenly made some four months after Alston left? And was this action legal? Both the city charter and the state statute are written in such a way that they require the appointment to be made soon after the vacancy occurs, and that the appointment should be in place only until when the public can elect a new representative. That is, the law protects the public’s right to vote for their elected …