Before asking for a second, Judge-Executive Jim Adams made it clear the motion could only be for a recommendation to be sent to the governor and nothing more.
"We don't have the authority to appoint the interim court member," he said.
Stanley seconded the motion, commenting that appointing someone to the seat will allow second-district residents to have representation through the end of the year.
Adams said he disagreed with the characterization of the second district as un-represented.
"Believe it or not, they still have representation. That's my district; that's where I live at," he said. "I was the magistrate there the last four years of the previous term."
Adams called for the vote and Faulkner and Stanley voted "aye" immediately. Padgett paused briefly when Adams asked for any votes against, before voting "no."
"I'm going to stay neutral, as I have said from the very beginning and there will be no vote from my seat," Adams said. "Therefore, the recommendation will be made that Dexter Todd's wife Brenda will be named the interim magistrate.
"As far as notifying the governor's office, I'm going to call and tell them that the recommendation was voted on, and that's as far as I'm going to go."
Faulkner and Stanley had initially announced their desire to have Brenda Todd appointed in May, at which time Adams had said he was opposed to appointing anyone because the Democratic and Republican parties had not chosen their candidates for the fall election.
Appointing someone at that time would have been equivalent to making that choice for one party or the other, since whoever was appointed would have a high likelihood of then becoming their party's nominee, Adams said.
Faulkner said he made the motion for Brenda Todd now because the two parties have chosen their candidates and Brenda Todd, a Republican, will not be running.
Crab Orchard resident Lonnie Pruitt will be the Republican nominee, while Democrats are running former magistrate Bill Dyehouse.
Adams said Tuesday he is still "totally neutral" on the issue because he doesn't think it would be fair to pick one of the 14 people who applied to become interim magistrate.
"They're all quality people. … I can't distinguish, I can't make that decision in all fairness to them," he said. "I've been chosen last before."
Adams said he's also concerned that someone like Brenda Todd who has no experience in government won't have time to learn the ropes before her term expires.
"The only thing that bothers me is if she can be easily influenced," he said. "She's not going to be totally lost, but it takes time to learn the magistrate's position."
Faulkner said he thinks that argument against appointing Brenda Todd is "weak."
"What he's saying is he feels like the first eight months of his term, he was ineffective?" he said. "Putting her in that position is the most neutral thing we could do."
Brenda Todd said she hadn't heard anything from fiscal court after filing her papers and she had believed the seat was simply going to remain empty until a new magistrate was elected.
If the governor follows the fiscal court's recommendation, she said she will "be glad to serve what my husband was elected to do and I'll do to the best of my ability."
Todd said she knows something about how the fiscal court works from talking with her husband about it, but she fully expects there to be a learning curve if she's appointed.
"There might be some things that I wouldn't understand, but if I don't understand something, I can always ask a question," she said.
Brenda Todd said her husband would always tell her about how the current magistrates serving on the court with him were good people truly interested in improving Lincoln County.
"That'll make it easier too, to have good people on the court who care about the county," she said.