Yates must resign to seek BOC chairmanship

“The rule is that if the term of office which the county commissioner is qualifying for begins more than 30 days prior to the expiration of such official’s present term of office then his/her current office becomes vacant,” Hulsey said. “Office holder’s current term cannot overlap with the term of the office he is seeking by more than 30 days. Thus, Bruce Yates has two more years on his current term so he will have to vacate his office when he qualifies for the BOC chairmanship since the term of office he is seeking and his current term overlap by more than 30 days. Tom Crow and Hunter Bicknell’s current terms end on December 31, 2012. Thus, the terms of office they are seeking to fill begin January 1, 2013 and thus, do not overlap with the terms of office they currently hold. Accordingly, they do not have to vacate their current positions as members of the BOC.”