Wednesday, April 20, 2011

White Smoke over Town Hall

Oriental residents claim to have seen white smoke from the chimneys at Town Hall. Could it signal the election of a permanent Town Manager?

It has been about six weeks shy of a year since the Town last had a permanent manager. During much of that time, some commissioners even disputed that the town had a council-manager form of government. It does.

The firing, last July 1, was not Oriental's finest hour. No item on the agenda that night suggested that the manager's removal would be considered. The Town had previously spent more than $20,000 for an employment attorney to "investigate," in apparent hopes that she would find some legal cause to fire the manager. Apparently she didn't.

The motion to terminate the manager's employment was made at the end of a long meeting, as a "non-agenda item," simply introduced by the commissioner who had been fetched to the meeting earlier by the Chief of Police at the direction of one of the Town's part time secretarial employees.

To say that this was an improper exercise of the Town Board's legislative and investigative powers is an understatement. The lack of proper notice was a clear violation of North Carolina's open meetings act.

The account of the proceedings that appeared on a local web site here accurately describes what I saw that night, with some additional details that the reporter witnessed personally.

Without arguing the merits of the board's decision that evening or whether the board had the power to take the action (the Commissioner who made the motion accurately asserted that the Board has the power to terminate the manager without any reason), it is also true that the Board never gave the manager the opportunity, either in closed session or open session, to confront his accusers, to be given any information as to the board's views of what he might need to correct.

In short, it was an irregular, illegal (from the standpoint of public notice), underhanded and less than courageous procedure.

It would be good in the future if the board would remove the "non - agenda item" category from the monthly agenda and follow a procedure similar to that used by the Pamlico County Board of Commissioners. The chair of that body asks the commissioners at the beginning of the meeting whether any commissioner has an item to remove or add to the agenda. If the commissioners agree unanimously, the chair then formally modifies the agenda. This procedure is used sparingly, but gives the board some flexibility to deal with last minute emerging issues.

The issue of the town manager's employment was not a last-minute emerging issue.

I hope the members who went along with this kangaroo court procedure have reflected on their actions and resolved to do better in the future.

I understand an announcement will be made at a Town Board meeting at 5:00 pm April 21.

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