The Josephine County Board of Commissioners is at a standstill after one commissioner resigned and another declined to participate in a meeting to discuss a replacement.
Commissioner Chris Barnett could not hold a meeting Friday because fellow Commissioner Ron Smith did not attend, leaving the board without a quorum. Smith said he is recusing himself from the appointment process.
Commissioner Andreas Blech resigned Dec. 5 after a recall petition was filed, triggering a process for the remaining commissioners to appoint a replacement until the 2026 election.
Assistant County Counsel Leah Harper said if commissioners fail to act, they would trigger a county law voters approved to prevent the governor from making the appointment.
"After 30 days, the power to appoint transfers over to the elected (county) officials," she said.
Those officials include the sheriff, county clerk, assessor, treasurer, legal counsel and the surveyor.
Barnett, who is also facing a recall election on January 6, said Smith should not be allowed to recuse himself.
“Normally, when you recuse yourself, this generally involves a personal or financial benefit or detriment to themselves, a relative or an associate business that would differ from general public's interest and not merely a desire to avoid voting,” said Barnett.
The law is murky on whether a county commissioner can recuse themselves from the appointment process. Under Josephine County code, commissioners are required to attend meetings, but punishment is limited to suspension from future meetings.
Two meetings are scheduled on Monday and Tuesday next week, to select finalists for the vacancy and interview and appoint someone to fill the seat. An application for the vacancy has already gone up on the county's website.
It is unclear if Smith will attend these meetings. Without both commissioners present Barnett cannot move forward with the appointment process.