Commissioners Announce Separate Finalist Lists; No Overlap Found in Vacancy Process

Board divided on next steps as written legal clarification requested on appointment deadline

The Lincoln County Board of Commissioners met Thursday morning in a special session to announce finalists for the vacant Position 2 seat following the January 4 passing of Commissioner Claire Hall. The meeting ended without agreement after Commissioners Casey Miller and Walter Chuck presented completely different candidate lists.

The meeting was called to announce finalists and outline next steps in the appointment process. At the start of the meeting, Miller questioned who would serve as chair under a January rotation agreement. Chuck said he did not believe the rotation applied to the special session, and the meeting moved forward.

No Common Finalists

Miller presented six names — five primary selections and one alternate — and said his list was alphabetical. His selections were:

• Marcella (Marci) Baker, Lincoln City city councilor and business owner

• Christine (Chris) Chandler, longtime Oregon Coast Community College Board member

• Mikel Diwan, Lincoln County Public Works Director

• Nicholle Moody, Depoe Bay business owner

• Edgar (Eddie) Townsend, a real estate agent; formerly a teacher, coach and business owner

• Joseph (Joe) Steere, rancher and a director of Lincoln County Soil and Water Conservation District (alternate)

Chuck then read his five selections, also alphabetically:

• Cristen Don, marine biology professional

• Dru Earls, casino surveillance agent with a Ph.D. in chemistry

• David (Dave) Hansen, academic with multiple advanced degrees

• Matthew Harwell, retired EPA official

• Catherine (Cathie) Rigby, a grant manager for the city of Newport

After comparing the lists, the commissioners confirmed there were no overlapping candidates.

“We do not. No matches,” Miller said.

Debate Over Timeline

The discussion then turned to whether the county is under a legal deadline.

County Counsel Kristin Yuille repeatedly stated that Oregon law requires a vacancy to be filled within 30 days of its occurrence. She said the vacancy occurred January 4, making February 4 the 30-day mark, and stated the county was out of compliance. Yuille cited ORS 236.210 through 236.225 as the governing statutes for county vacancies.

However, ORS 236.215 — which contains a 30-day deadline — applies to partisan offices. Lincoln County’s Board of Commissioners seats have been nonpartisan since 2013, following a ballot measure led by former Commissioner Claire Hall.

ORS 236.210 covers nonpartisan county offices and requires the remaining commissioners to appoint a replacement, but it does not include a specific 30-day deadline.

Miller asked staff to provide written legal clarification on the 30-day deadline “so we have something tangible to look at.”

He also proposed interviewing four candidates to move the process forward. When asked how many he would support interviewing, Chuck said he would “ask staff or ask counsel to look for next steps.”

Miller said he wanted to move quickly and suggested scheduling interviews “ASAP,” adding he was open to meeting “tomorrow, Monday, Tuesday.” Chuck noted Monday was a holiday. Miller said he was willing to meet regardless.

Chuck said he would defer to staff and counsel for guidance on how to proceed.

Ongoing Process Questions

Thursday’s discussion follows several earlier meetings about how to structure the appointment process.

At the January 14 work session, Counsel Yuille outlined a proposed timeline for applications, scoring and interviews. During that meeting, Miller repeatedly asked to present a PowerPoint outlining his ideas for the process, but his requests were denied.

At the February 4 regular meeting, counsel again stated that state law required appointment within 30 days.

Miller has said he did not agree to the timeline as structured and wanted more public discussion about evaluation criteria and process. He also noted that the January 21 regular meeting — at which he was scheduled to chair — was cancelled. At the January 14 work session, Counsel Yuille said the January 21 meeting would not be held due to a lack of business. Miller also said his requests to hold meetings on January 28 and February 11 to address the vacancy were not scheduled.

Chuck said the 23 applicants were “under the impression” that the selection process would follow the same approach used when he was appointed to the commission. Miller has previously argued that the earlier selection method lacked sufficient transparency.

What Happens Next

With only two commissioners currently seated, both must agree on any appointment.

Chuck said staff and legal counsel will review the statutes and recommend next steps.

No interview dates were set before the meeting adjourned.

The length of the appointee’s term may depend on the outcome of the May 19 primary election. Staff from the Oregon Secretary of State’s office initially said that if a candidate for the vacant seat receives a majority of votes in the May 19 primary, that candidate could take office once results are certified in June. In a follow-up call, however, staff said the appointed commissioner would instead serve until January 2027, after the November 3 General Election winner is certified by the county clerk.