Until the election of a successor to former Cotton County Commissioner Micah “Mike” Woods, who resigned March 27, the District 1 commissioner’s job will be filled by Woods’ foreman, John Anderson.
At least two Cotton County employees contacted last Thursday by Southwest Ledger maintained repeatedly that District 2 County Commissioner Ricky Vardell would fulfill the District 1 duties until Woods’ replacement is elected – even though that process might take several weeks and even though Vardell is up for reelection this year.
The Ledger, however, telephoned Chris Schroder, executive director of the Association of County Commissioners of Oklahoma, for clarification. Schroder pointed to a specific section of state law and an attorney general’s supporting opinion.
Title 19 of the state statutes provides that a principal officer – such as a member of the board of county commissioners – “shall designate of record in the office of the county clerk a first or chief deputy … or assistant who shall be chargeable with all the duties of such principal officer…” The first or chief deputy or assistant “shall carry on the duties of the office … in the event of the death, removal or resignation of said principal officer, until a successor shall have qualified.”
In addition, an attorney general’s opinion – which has the force of law unless overturned by a judicial decision or a statutory amendment by the Legislature – decreed that duly designated Chief Deputy County Commissioners, under the provisions of Title 19, “are empowered to exercise the functions of the office of County Commissioner under two sets of circumstances.” One of those circumstances is “during the absence of the County Commissioner from the county” in the event of his/her “death, removal or resignation.”
Schroder said that after the Ledger explained what was happening in the Cotton County Courthouse, he called Vardell and thanked him for stepping up in an emergency, but informed him that Anderson “has the full authority” to act as the District 1 commissioner “until the election of a successor.”