Two remaining Lincoln County commissioners, Walter Chuck and Casey Miller, cannot agree on applicants or a process to select a replacement for former commissioner Claire Hall. (Shayla Escudero/Lincoln Chronicle)- Editor’s note: This story was clarified Wednesday, March 4 that the Oregon Secretary of State’s Office was responding to questions from Lincoln County residents, not from county Clerk Amy Southwell.
By SHAYLA ESCUDERO/ Lincoln Chronicle
Eight candidates so far have filed for three Lincoln County commission seats in the May 19 primary election as a process to fill the vacancy on the board remains in a deadlock.
But if the two remaining commissioners cannot agree on how or who to fill the position it could be empty until January.
Commissioner Claire Hall was facing a Jan. 9 recall but died unexpectedly Jan. 4, voiding that election and setting off an appointment process for a commission position for the second time in 11 months.
Twenty three people initially put their names into the ring last month for appointment to the $98,000-a-year job. But selecting someone to fill Hall’s seat until someone is elected has been tumultuous.
Although county counsel Kristin Yuille said an Oregon law tells commissioners they must select someone within 30 days of the vacancy, that’s not what the Secretary of State’s office is telling county Clerk Amy Southwell.
Yuille Yuille suggested on Jan. 14 that commissioners Walter Chuck and Casey Miller rank applicants by Feb. 4, she would see how many they had in common, then interview those finalists and hold a special meeting to select the new commissioner.
Commissioners appeared in January to agree on the timeline, although Miller repeatedly and unsuccessfully asked to include a broader discussion of the selection process and has continued to voice his frustrations and submit agenda requests that have gone unanswered. The two commissioners can still not agree on a selection process, creating a deadlock in the decision making.
Miller said he would not submit his list of top applicants for staff to compare with Chuck’s, asking instead for a more open, public process. Miller created his own website and shared the 23 applications online, causing one applicant to remove her name from consideration.
Then commissioners revealed their top applicants during a Feb. 12 meeting – with no commonalities between the two.
Miller then proposed they each pick their top two and interview them. Chuck was in favor of supporting Yuille’s initial recommendations. Yuille then said she would revisit the legal requirements since they were out of compliance with the 30-day rule she originally said applied.
Commissioners agreed, ultimately opting not to choose any applicant to fill the vacancy – so far.
At the time, Lincoln Chronicle reported that not choosing an applicant could trigger another process or decision-making body to appoint someone. A spokesperson for Gov. Tina Kotek told the Chronicle that their office had been contacted to receive guidance on the appointment process, and they had advised the county to fill the vacancy within a 30-day deadline. Otherwise, it was unclear whether the governor would step in to make the appointment.
In response to questions from Lincoln County residents, the Oregon Secretary of State’s office also sent copies of its answers to Southwell to help clarify conflicting interpretations of state laws influencing the county’s decision-making. As county clerk, Southwell does not have jurisdiction over the matter.
There are three Oregon laws – ORS 236.210, ORS 249.088, and ORS 249.091 – that direct governments when there is a commission vacancy. But there are some areas that have led to different interpretations, such as the timeline in which someone should be appointed and what happens when the two county commissioners can’t agree.
Here’s what the Secretary of State’s office said:
Q: Is there a 30-day deadline to appoint a commissioner and does it matter if they are partisan or non-partisan? (Lincoln County commission positions are non-partisan.)
A: Assuming the position is nonpartisan, then no. The 30-day deadline in ORS 236.215(3) applies only to partisan county commissioner vacancies. For a nonpartisan vacancy, ORS 236.210(2) controls. That statute requires the remaining commissioners to appoint a qualified elector of the county but does not impose a 30-day deadline. So, legally there is a duty to fill the vacancy. There is no express, statutory time limit like the partisan 30-day rule.
Q: If commissioners appoint someone to fill the vacancy does that appointee still have to run in the May election?
The vacancy must be filled by election. Under ORS 236.210, the appointee serves: “…until the vacancy is filled by election and the successor qualifies.” An appointed commissioner must run in the primary election if they want to be elected for a new term beginning January 2027.
Q: What is the length of office for someone appointed to the vacancy and how is that affected by the May election?
A: County commissioners take office in January following the election, not immediately in May. Under the Oregon Constitution (Article II, Section 14) and general election law: Officials elected in May 2026 would take office the first Monday in January 2027. Therefore, the appointed commissioner remains in office until January 2027, even if someone wins outright in May 2026. They are not replaced immediately upon certification of the May election. The phrase “until the successor qualifies” means when the elected successor is sworn in at the start of the new term.
Q: If the two current commissioners are unable to agree on a replacement commissioner to appoint, is it legal for a governor or the courts to get involved?
A: Under ORS 236.210, the appointment authority is the remaining members of the board. If there is a deadlock, there is no statute automatically transferring authority to the governor for county commissioner vacancies, unless this is addressed in the county’s charter. The statute assigns the duty to the remaining commissioners. It does not provide a backup appointment authority.
An election
There are eight candidates – so far – running for three seats on the board of commissioners. As incumbents, the deadline for Miller and Chuck to file is March 3. For non-incumbents the deadline is 5 p.m. March 10.
Although Miller initially said he was thinking about running against Chuck, he opted to run for his own position and so far is facing three other candidates – Cheri Brubaker of Waldport, Dru Earls of Lincoln City, and Catherine Rigby of Newport. Brubaker is a field representative for Rep. Val Hoyle, D-Ore.; Earls is a casino worker, and Rigby is a grant manager for the city of Newport. Both Earls and Rigby also applied to fill Hall’s empty seat and were among Chuck’s five top candidates.
For the remaining two years of Hall’s position, two candidates – former Oregon Department of Fish & Wildlife and NOAA employee Cristen Don of Newport and former sheriff Curtis Landers of Newport have filed. Don also applied to fill Hall’s vacant position and was one of Chuck’s top candidates.
Until Friday, Chuck was unopposed for his seat which he was appointed after commissioner Kaety Jacobson resigned in February last year. Mikel Diwan of Depoe Bay, who is the county’s public works director and also one of the 22 original applicants, filed Friday to seek the position.
If no one gets more than 50 percent of the vote in contested races, then the top two finishers face off in the November general election.
Ballots are expected to hit Lincoln County mailboxes the last week of April and are due back by 8 p.m. May 19.
- Shayla Escudero covers Lincoln County government, Newport, education, housing and social services for Lincoln Chronicle and can be reached at [email protected]
Wow. I could use a flow chart. Seriously. Or maybe a table showing the three positions with their term of office and then the candidates for each one.
I don’t know any of the actors in the drama, but it sure seems like Miller is playing the role of obstructionist.
It would seem that way initially, but then if you read deeper (there are several other articles about this process), you’ll see that all three individuals have been uncooperative or obstructing of others’ efforts. It seems like a dysfunctional situation all around.
Finally, someone has brought clarity to the overriding legal issues concerning this election and it wasn’t the county counsel. Three cheers for county clerk Amy Southwell who resolves issues rather than obfuscating them, like everyone else involed seems to be doing. She got my vote for a county commissioner position if she decides to run.
P.S. I forgot to commend SHAYLA ESCUDERO for such a great article. Won’t find this coverage anywhere else in Lincoln County and you might begin to wonder why.
Great article. Since January 14, Commissioner Miller has repeatedly asked — on six additional meeting dates — to talk through the process itself in open session so the Board could move things forward in public. Those agenda requests (1/21, 1/28, 2/4, 2/11, 2/12, and 2/18) were either cancelled, not convened, or declined without meaningful discussion.
At the last BOC meeting on 2/18, Commissioner Chuck’s response to moving forward was to “see what other measures going forward there are.” He didn’t elaborate, but he may have been referring to Counsel Yuille’s suggestion at the 2/12 meeting to explore whether “another governing body or another office” could make the appointment.
This really isn’t about which applicant folks prefer — it’s about making sure the Board fills this seat in a way the public can see and understand. Decisions like how finalists are picked or interviewed are usually talked through in the open, not by staff comparing private rankings behind the scenes, like the BOC did in Feb 2025 when appointing Chuck. That’s the same process Yuille suggested at the 1/14 meeting. Miller has said that approach amounts to a “serial meeting,” which isn’t allowed under Oregon’s Public Meetings Law.
Since any appointee could serve until January 2027 no matter what happens in May, getting the process right — and doing it in the open — matters for public trust now and heading into the May 19 primary. A clear, transparent process helps folks have confidence in both the appointment and the Board’s decision-making going forward.
Lastly, County Clerk Amy Southwell recently shared that the Secretary of State’s office indicated “they were told the Governor would not step in on this.” Let’s hope that at the upcoming BOC meeting on 3/4, the commissioners can hear each other’s ideas and work together so the Board can make some progress in public.
I would like to see our Commissioners have a meeting with a substitute counsel. I believe that would enable the two commissioners to discuss what’s needed without the interruptions of a power hungry county employee who gives incorrect information to push her agenda.
I like what you said about using a different counsel. I think that the biggest part of this dysfunctional mess was the part the current counsel added to the mess.
It’ll be interesting to see who’ll eventually get the spot. Since these positions are supposed to be “non-partisan”, every time the elections come around, why do the Lincoln County Democrats always endorse someone, and usually they’ll win.
Because Democrats outnumber Republicans in Lincoln County by a three to two margin. That’s why. Add to that the fact the Republicans helped put a convicted felon in the White House.