RALEIGH — The Caswell County Board of Commissioners’ recent appointment to fill the vacancy of a Republican member who died has been met with a letter demanding the reversal of that appointment due to it being “unlawful.”
Caswell Commissioner David Wrenn, a Republican, died on March 3, and later that month, county commissioners replaced him with another Republican, Rick McVey.
McVey previously served two terms on the Caswell County Board of Commissioners (CCBOC) and had been elected chair in 2020. He lost his bid to retain his at-large seat during the March 2024 primary, finishing third among three Republican candidates in the contest.
The current CCBOC is made up of five district seats and two at-large seats, with two of the seats held by Democrats.
The Caswell County GOP had selected John Claggett to replace Wrenn, which led to the April 3 demand letter sent by attorneys Philip R. Thomas and Jonathan Marx of Chalmers, Adams, Backer & Kaufman, who are representing John Claggett and the Caswell County Republican Party.
”The North Carolina General Assembly is vested with supreme legislative authority by our state constitution, and counties, including Caswell County, are bound to respect and adhere to legislative enactments,” the attorneys wrote. “Your unlawful appointment of Mr. McVey contravenes this fundamental principle and invites legal consequences.”
The letter asserts McVey’s appointment violated North Carolina law, specifically House Bill 58 (Session Law 2025-03) and NCGS § 153A-27.1, which requires the board to appoint the candidate recommended by the party of the departed commissioner.
“There was no good, let alone legal, reason to act before consulting with the local party,” the attorneys wrote.
The letter demands that the board immediately rescind McVey’s appointment and seat Claggett, warning that failure to comply by 9 a.m. on April 8 would result in legal action, including a quo warranto proceeding that would require McVey to personally fund his legal defense and post a bond.
In their letter, the attorneys suggested that either the board correct its action or McVey voluntarily resign to avoid these consequences, but the CCBOC has not complied, according to Thomas, who told North State Journal he spoke to the CCBOC’s outside counsel on April 8.
“Based on that conversation, it appears the board does not believe it has the authority to rescind the appointment of Mr. McVey and is not inclined to take corrective action voluntarily,” Thomas said.
Thomas indicated legal remedies were now being considered.
“The General Assembly sets the rules for how local governments fill vacancies,” Thomas said. “The Caswell Board simply doesn’t get to ignore the law because they wanted to keep the power for themselves. It’s a serious breach of public trust that demands correction.”
North State Journal reached out to CCBOC Chair Tim Yarbrough for comment but has not received a response.
The board met on March 17 to discuss filling the vacancy of another member, Ethel Gwynn, who resigned in February. Brian Totten, the Caswell County Democratic Party’s choice, was selected by the CCBOC as Gwynn’s replacement. That same day, the Caswell County GOP chair confirmed to Yarbrough they would be meeting to select Wrenn’s replacement. The party’s executive committee met as planned on March 26 and selected Claggett.
The CCBOC later issued a letter to citizens published on April 2 on the Caswell Messenger’s website that confirmed Yarbrough had spoken to the Caswell GOP and the board would meet April 21 to consider Wrenn’s replacement.
Between March 18 and March 20, the legislature had adopted a proposed committee substitute and a few amendments for House Bill 58, a bill that made various election changes.
One of the amendments required the CCBOC to fill board vacancies in accordance with G.S. 153A-27.1, which, in part, states a vacancy must be filled by a person from the same political party and that the board must consider the recommendation made by that party’s county executive leadership.
The bill’s provisions involving the CCBOC were made retroactive to March 3, the day Wrenn died. On March 27, House Bill 58 was ratified as Session Law 2025-3.
The CCBOC became aware of the bill and its amendments, issuing a notice on March 21 that the board would hold a special meeting on March 24. At that special meeting, the board chose McVey to fill Wrenn’s seat.
During the special CCBOC meeting, Claggett’s wife, Elin, gave public comments reminding the board of state statute regarding filling vacancies and that the board had followed the law and contacted the Caswell Democratic Party to fill Gwynn’s seat. Elin Claggett also pointed out McVey lost in the 2024 at-large primary.
At that meeting, Yarbrough stated he had called the meeting to “get out in front of this legislation,” meaning House Bill 58. He also made comments about the vacancy process and House Bill 58’s requirements to follow the Caswell County GOP’s recommendation, saying he was “willing to let it play out,” but “everything changed” March 20.
Yarbrough described receiving a phone call that morning about the amendment to the bill affecting the CCBOC and made remarks about the changes.
“As it stands as of today, whatever party an individual belonged to that has vacated that seat, that particular party makes a recommendation to this board. It is a nonbonding recommendation. The board can say yes, the board can say no, the board can say let us think about it, but it’s nonbinding,” Yarbrough said.
Yarbrough added, “(If) House Bill 58, along with the attached amendment, passes, this board will no longer have any say so whatsoever. … It’s whichever party recommends will be seated on this board. No ifs, ands or buts.”
Commissioner Frank Rose agreed with much of what Yarbrough said, adding, “Nobody from Raleigh consulted with any member of this board concerning this new legislation.”
At-large Commissioner Tony Smith said he didn’t feel it was in the best interests of their citizens to “allow a small group of appointed individuals to dictate who fills the vacancies on the board.”
The March 24 special meeting can be viewed below:
