I understand the ordinance amending the Town's charter to a council-manager system has been found. Good. The Town needs a manager.
Thursday's special meeting to appoint an interim Town manager is important. The interim manager has all of the statutory powers assigned by state law to a permanent manager.
Whoever is appointed will be responsible for taking the town through its annual independent audit.
Tuesday, August 24, 2010
Friday, August 20, 2010
Does Oriental Really Have Only Three Commissioners?
I found a record today suggesting that Oriental may only have three legal commissioners, though it has been operating with five since the election of November 2, 1993.
How can that be?
The Town Charter of 1899 provides for three commissioners and a mayor.
In 1992 the General Assembly authorized a referendum on possible changes in the electoral system for the Town of Oriental. In 1993 the General Assembly approved technical corrections to the first act. On November 2, 1993 Oriental voters held a referendum, selecting one of three choices; A: - three commissioners and a separately elected mayor who could vote only in case of a tie; B: - five commissioners, with the highest vote-getter serving as mayor and voting on any issue; C: - five commissioners and a mayor, with the mayor voting only in case of a tie.
The vote was held, and the voters selected option C.
Two problems.
First, the only surviving record of the vote, an abstract of canvassing on file at the County Board of Elections, describes it a a "Bond Ref" and gives no description of the meaning of A, B, or C.
Second, and this may be more significant, no one seems to have told the Secretary of State or the Legislative Library what option the voters chose. This is possibly significant because the ratified Bill includes the following language: "If a plurality of the votes cast are in favor of question 'A', then Section 1 of this act shall become effective beginning with the 1995 regular municipal election. Otherwise, Section 1 of this act shall have no effect." Identical language referred to questions 'B' and 'C' and the corresponding Sections 2 and 3.
So only one of the three Sections can be in effect, but we never told State officials which one. In other words, we never finished the amendment process.
How to fix it? Easy. State Law lets us amend our charter by ordinance. We should do it.
How can that be?
The Town Charter of 1899 provides for three commissioners and a mayor.
In 1992 the General Assembly authorized a referendum on possible changes in the electoral system for the Town of Oriental. In 1993 the General Assembly approved technical corrections to the first act. On November 2, 1993 Oriental voters held a referendum, selecting one of three choices; A: - three commissioners and a separately elected mayor who could vote only in case of a tie; B: - five commissioners, with the highest vote-getter serving as mayor and voting on any issue; C: - five commissioners and a mayor, with the mayor voting only in case of a tie.
The vote was held, and the voters selected option C.
Two problems.
First, the only surviving record of the vote, an abstract of canvassing on file at the County Board of Elections, describes it a a "Bond Ref" and gives no description of the meaning of A, B, or C.
Second, and this may be more significant, no one seems to have told the Secretary of State or the Legislative Library what option the voters chose. This is possibly significant because the ratified Bill includes the following language: "If a plurality of the votes cast are in favor of question 'A', then Section 1 of this act shall become effective beginning with the 1995 regular municipal election. Otherwise, Section 1 of this act shall have no effect." Identical language referred to questions 'B' and 'C' and the corresponding Sections 2 and 3.
So only one of the three Sections can be in effect, but we never told State officials which one. In other words, we never finished the amendment process.
How to fix it? Easy. State Law lets us amend our charter by ordinance. We should do it.
Thursday, August 19, 2010
Notes on the Passage of Time
August of 1954 I raised my right hand and became a 17 year old midshipman, United States Naval Reserve. That was 56 years ago.
We began learning about US Navy history, traditions, customs and usage. We learned about the Battle of Manila Bay, when Commodore Dewey led his squadron into Manila Bay and destroyed the Spanish squadron stationed there. To a 17 year old midshipman, that day in May 56 years earlier seemed impossibly remote in time. So did the Russo-Japanese War (1904-05), the Great White Fleet (1907-1909), and the First World War (1917-1918).
To a midshipman serving in Dewey's squadron, 56 years earlier would have been 1842, before the War with Mexico.
How time flies.
We began learning about US Navy history, traditions, customs and usage. We learned about the Battle of Manila Bay, when Commodore Dewey led his squadron into Manila Bay and destroyed the Spanish squadron stationed there. To a 17 year old midshipman, that day in May 56 years earlier seemed impossibly remote in time. So did the Russo-Japanese War (1904-05), the Great White Fleet (1907-1909), and the First World War (1917-1918).
To a midshipman serving in Dewey's squadron, 56 years earlier would have been 1842, before the War with Mexico.
How time flies.
Maritime Treasures
Today's New York Times reports on the sad state of some national maritime treasures.
The most urgent and saddest case is USS Olympia, Commodore Dewey's flagship at the battle of Manila Bay in 1898.
I toured Olympia almost thirty-five years ago when my ship was being overhauled at the Philadelphia Naval Shipyard. The ship's guns had been removed (possibly during a WWII scrap metal drive) and had been replaced with hollow metal tubing. Still, it was possible to imagine the ship speeding through the warm waters of Manila Bay, evading Spanish mines, that long ago May night, closing at dawn on the Spanish Fleet, when Commodore Dewey turned to the ship's captain and said, "you may fire when ready, Gridley."
The most impressive part of the tour below decks was the engine room. Her massive reciprocating steam engines could propel the nearly 6,000 ton ship at a speed of 20 knots.
Olympia was ordered in 1888, only five years after the first four ships of the modern steel navy were authorized by Congress. Her design incorporates the lessons learned from building the first four ships (Atlanta, Boston, Chicago and Dolphin) of the new steel navy. It did not yet have the benefit of operational experience with the "ABCD" ships.
Olympia's paint job, with white hull and buff masts and stacks was the peacetime paint scheme of US Navy ships of the day. Before going into battle in 1898, she was repainted in haze gray.
USS Olympia is the only ship of her era still afloat. A true national treasure. We need to find a way to preserve her.
The most urgent and saddest case is USS Olympia, Commodore Dewey's flagship at the battle of Manila Bay in 1898.
I toured Olympia almost thirty-five years ago when my ship was being overhauled at the Philadelphia Naval Shipyard. The ship's guns had been removed (possibly during a WWII scrap metal drive) and had been replaced with hollow metal tubing. Still, it was possible to imagine the ship speeding through the warm waters of Manila Bay, evading Spanish mines, that long ago May night, closing at dawn on the Spanish Fleet, when Commodore Dewey turned to the ship's captain and said, "you may fire when ready, Gridley."
The most impressive part of the tour below decks was the engine room. Her massive reciprocating steam engines could propel the nearly 6,000 ton ship at a speed of 20 knots.
Olympia was ordered in 1888, only five years after the first four ships of the modern steel navy were authorized by Congress. Her design incorporates the lessons learned from building the first four ships (Atlanta, Boston, Chicago and Dolphin) of the new steel navy. It did not yet have the benefit of operational experience with the "ABCD" ships.
Olympia's paint job, with white hull and buff masts and stacks was the peacetime paint scheme of US Navy ships of the day. Before going into battle in 1898, she was repainted in haze gray.
USS Olympia is the only ship of her era still afloat. A true national treasure. We need to find a way to preserve her.
Tuesday, August 17, 2010
Oriental Form of Government Update
Mr. Hartwell Wright of the NC League of Municipalities conducted a workshop today with the Town Board. Mr. Wright, who is an expert on human resources matters, not an attorney, nevertheless provided some interesting observations.
1. If the Town has a council-manager form of government, the duties of the manager are spelled out in General Statutes. The Town Board may not take away any of those duties except by charter amendment.
2. In a council-manager system, a member of the Board may not serve as a department head.
3. In event of departure of the manager, the Board shall appoint an interim manager.
4. The relationship between the Board and the manager is pretty much what I described earlier:
"The Council/Manager plan of government promotes the separation of the Town Board's responsibility for political judgments and policy direction from the manager's responsibility for administration in accordance with the council's overall policy guidance and his or her own politically neutral expertise.
I think this is a fair description of how the Town has been governed for many years."
.
5. When Mr. Wright assists towns in changing their form of government it is always from mayor-council to council-manager, not the other way around.
6. Towns in our size category with council-manager forms of government tend to be towns with more infrastructure whose population grows during the summer.
I have not been able to confirm that the Town adopted an ordinance amending the charter to council-manager. Still working on it. August 24 update. The Town has located the amendment to the Charter. The Ordinance amending the charter to provide for a Council-Manager form of government was adopted November 12th, 1997. It is signed by Mayor Sherrill Styron and Town Administrator William Crowe. It cites NCGS 160A-101(9)(b). David Lawrence's data specifically cites GS 160A-101 as basis for one of our charter amendments. A change to council-manager in other towns often cites that provision. Our only amendment on file not only doesn't cite that provision, it was done by petition to the General Assembly, not by ordinance. Curious. It also doesn't report the results of the town's referendum. Maybe we still really have a mayor and three member council?
No telling what you'll find when you start looking.
The search continues.
1. If the Town has a council-manager form of government, the duties of the manager are spelled out in General Statutes. The Town Board may not take away any of those duties except by charter amendment.
2. In a council-manager system, a member of the Board may not serve as a department head.
3. In event of departure of the manager, the Board shall appoint an interim manager.
4. The relationship between the Board and the manager is pretty much what I described earlier:
"The Council/Manager plan of government promotes the separation of the Town Board's responsibility for political judgments and policy direction from the manager's responsibility for administration in accordance with the council's overall policy guidance and his or her own politically neutral expertise.
I think this is a fair description of how the Town has been governed for many years."
.
5. When Mr. Wright assists towns in changing their form of government it is always from mayor-council to council-manager, not the other way around.
6. Towns in our size category with council-manager forms of government tend to be towns with more infrastructure whose population grows during the summer.
I have not been able to confirm that the Town adopted an ordinance amending the charter to council-manager. Still working on it. August 24 update. The Town has located the amendment to the Charter. The Ordinance amending the charter to provide for a Council-Manager form of government was adopted November 12th, 1997. It is signed by Mayor Sherrill Styron and Town Administrator William Crowe. It cites NCGS 160A-101(9)(b). David Lawrence's data specifically cites GS 160A-101 as basis for one of our charter amendments. A change to council-manager in other towns often cites that provision. Our only amendment on file not only doesn't cite that provision, it was done by petition to the General Assembly, not by ordinance. Curious. It also doesn't report the results of the town's referendum. Maybe we still really have a mayor and three member council?
No telling what you'll find when you start looking.
The search continues.
Monday, August 16, 2010
Oriental's Form of Government
Professor David Lawrence of the NC School of Government has kept a detailed database of town governments in the state: http://www.sog.unc.edu/pubs/FOG/index.php
Using his database, you can find out how every town is governed and the statutory citations. Where a town with a mayor/council form of government hires an administrator to run the departments, this is also shown. According to his data, of the municipalities in Pamlico County, Minnesott Beach and Oriental are Council/Manager governments. The rest are all Mayor/Council.
The professor provides statutory cites for each town. For Oriental they are:
SL 1993, c. 4
GS 163-279
GS 160A-101
Pr. 1899, c. 184
SL 1991(92), c. 878
You can look it up.
Using his database, you can find out how every town is governed and the statutory citations. Where a town with a mayor/council form of government hires an administrator to run the departments, this is also shown. According to his data, of the municipalities in Pamlico County, Minnesott Beach and Oriental are Council/Manager governments. The rest are all Mayor/Council.
The professor provides statutory cites for each town. For Oriental they are:
SL 1993, c. 4
GS 163-279
GS 160A-101
Pr. 1899, c. 184
SL 1991(92), c. 878
You can look it up.
Saturday, August 14, 2010
Town of Oriental's Form of Government
Did the Town's 1899 Charter establish a Mayor/Council form of government? Yes. In fact, in 1899, that was the only form of municipal government in North Carolina.
Does the 1899 Charter determine what Oriental's form of government is today? Not necessarily. A lot has happened since then.
In 1899, for example, the Mayor had all of the powers of a Justice of Peace. He could put people in jail, levy fines, sentence citizens to work on the roads. The Town issued its own automobile license plates, kept its own tax lists, ran its own elections. In the 1920's, the Town had authority to issue bonds. In those days, if the Town wanted to amend its charter, it had to petition the General Assembly.
No more.
A big change, introduced in North Carolina General Statutes about 40 years ago, was to give Towns the right to change their form of governance without going back to the General Assembly for an amendment to the charter.
The town can change its form of government to a number of forms spelled out in NCGS 160A-101. They may change it by ordinance (160A-102)[see below for new info], subject to referendum by petition (160A-103). The charter can also be amended by popular initiative (160A-104) in the form prescribed by 160A-105. When the charter is amended, the amendments must continue in force for at least two years after beginning the term of office of officials elected thereunder (160A-107). Take a look at NCGS 160A. The index and links are at: http://www.ncga.state.nc.us/gascripts/statutes/StatutesTOC.pl?Chapter=0160A
Advocates of the Mayor/Council theory apparently believe the Town never officially adopted the Council/Manager form of government.
Before I accept that as fact, I would want to research the Town's minutes and ordinances from the time NCGS granted authority to change the form of government until some reasonable time after the Town first characterized the chief administrative officer as "Town Manager." We need more than proof by assertion.
Even if it can be shown that the Town did not follow the procedures prescribed in 160A-101 through 106 to amend its charter, it has consistently followed the procedures of governance characteristic of a Council/Manager system for many decades. This history of town governance establishes a reasonable expectation on the part of the Town's citizens that they will be provided the benefits of a Council/Manager form of government.
I argue that the Town is estopped from adopting a Mayor/Council form of government without going through all of the procedures outlined in NCGS 160A-101 through 106.
I don't argue that the Town Commissioners lack the authority to adopt a Mayor/Council form of government. But to do so, they need to go through all the steps. Not by stealth.
August 16th update. I have pretty good information from the NC School of Government that the town's charter was in fact changed by local ordinance pursuant to the procedures in GS 160A-102. I will be seeking confirmation from the state legislative library, now that I have some citations to refer to.
Does the 1899 Charter determine what Oriental's form of government is today? Not necessarily. A lot has happened since then.
In 1899, for example, the Mayor had all of the powers of a Justice of Peace. He could put people in jail, levy fines, sentence citizens to work on the roads. The Town issued its own automobile license plates, kept its own tax lists, ran its own elections. In the 1920's, the Town had authority to issue bonds. In those days, if the Town wanted to amend its charter, it had to petition the General Assembly.
No more.
A big change, introduced in North Carolina General Statutes about 40 years ago, was to give Towns the right to change their form of governance without going back to the General Assembly for an amendment to the charter.
The town can change its form of government to a number of forms spelled out in NCGS 160A-101. They may change it by ordinance (160A-102)[see below for new info], subject to referendum by petition (160A-103). The charter can also be amended by popular initiative (160A-104) in the form prescribed by 160A-105. When the charter is amended, the amendments must continue in force for at least two years after beginning the term of office of officials elected thereunder (160A-107). Take a look at NCGS 160A. The index and links are at: http://www.ncga.state.nc.us/gascripts/statutes/StatutesTOC.pl?Chapter=0160A
Advocates of the Mayor/Council theory apparently believe the Town never officially adopted the Council/Manager form of government.
Before I accept that as fact, I would want to research the Town's minutes and ordinances from the time NCGS granted authority to change the form of government until some reasonable time after the Town first characterized the chief administrative officer as "Town Manager." We need more than proof by assertion.
Even if it can be shown that the Town did not follow the procedures prescribed in 160A-101 through 106 to amend its charter, it has consistently followed the procedures of governance characteristic of a Council/Manager system for many decades. This history of town governance establishes a reasonable expectation on the part of the Town's citizens that they will be provided the benefits of a Council/Manager form of government.
I argue that the Town is estopped from adopting a Mayor/Council form of government without going through all of the procedures outlined in NCGS 160A-101 through 106.
I don't argue that the Town Commissioners lack the authority to adopt a Mayor/Council form of government. But to do so, they need to go through all the steps. Not by stealth.
August 16th update. I have pretty good information from the NC School of Government that the town's charter was in fact changed by local ordinance pursuant to the procedures in GS 160A-102. I will be seeking confirmation from the state legislative library, now that I have some citations to refer to.
Special Town Board Meeting August 17 11:00
The Town of Oriental has scheduled a Special Workshop Meeting August 17, 2010 at 11:00 am with Mr. Hartwell Wright of North Carolina League of Municipalities to discuss Human Resources.
Warning! This could be a stealth effort to change the form of government the Town of Oriental has enjoyed for nearly 40 years, without alerting the citizenry to the issues.
To set the stage, I quote from a recent letter of Mayor Bill Sage to the Local Government Commission (back)dated April 1, 2010:
"The prior Town Administrator, Wyatt Cutler, had served for nearly a decade when he announced his retirement in late 2008, effective January 31, 2009. The Town began a search process for his replacement and hired the current Administrator, Randall K. Cahoon, in March 2009."
"Pay no attention," the letter seems to say, "to the contract between the Town of Oriental and the same Randall K. Cahoon, made the 9th of March, 2009." The contract was addressed to "Randall K. Cahoon, Town Manager" and signed for the Town of Oriental by "William R. Sage, Mayor." Pay no attention, likewise, to nearly 40 years of minutes describing the "Town Manager's Report," correspondence addressed to and signed by "Town Manager," and the fact that during his "nearly a decade" of service, Wyatt Cutler was styled as and performed the functions of the Town Manager.
With no notice to the public, someone working out of Town Hall seems to have decided to expunge the term "town manager" from our lexicon and replace it with "administrator."
Isn't this a distinction without a difference? Not exactly.
What is at stake is how the town is governed.
The Council/Manager plan of government promotes the separation of the Town Board's responsibility for political judgments and policy direction from the manager's responsibility for administration in accordance with the council's overall policy guidance and his or her own politically neutral expertise.
I think this is a fair description of how the Town has been governed for many years.
The Mayor/Council form of government assigns decision making responsibility to the Town Board as a group, with no clear executive authority.
Advocates of the Mayor/Council model contend that the Town's 1899 Charter provides for a Mayor/Council form of government.
Maybe.
Maybe not.
More to come.
Warning! This could be a stealth effort to change the form of government the Town of Oriental has enjoyed for nearly 40 years, without alerting the citizenry to the issues.
To set the stage, I quote from a recent letter of Mayor Bill Sage to the Local Government Commission (back)dated April 1, 2010:
"The prior Town Administrator, Wyatt Cutler, had served for nearly a decade when he announced his retirement in late 2008, effective January 31, 2009. The Town began a search process for his replacement and hired the current Administrator, Randall K. Cahoon, in March 2009."
"Pay no attention," the letter seems to say, "to the contract between the Town of Oriental and the same Randall K. Cahoon, made the 9th of March, 2009." The contract was addressed to "Randall K. Cahoon, Town Manager" and signed for the Town of Oriental by "William R. Sage, Mayor." Pay no attention, likewise, to nearly 40 years of minutes describing the "Town Manager's Report," correspondence addressed to and signed by "Town Manager," and the fact that during his "nearly a decade" of service, Wyatt Cutler was styled as and performed the functions of the Town Manager.
With no notice to the public, someone working out of Town Hall seems to have decided to expunge the term "town manager" from our lexicon and replace it with "administrator."
Isn't this a distinction without a difference? Not exactly.
What is at stake is how the town is governed.
The Council/Manager plan of government promotes the separation of the Town Board's responsibility for political judgments and policy direction from the manager's responsibility for administration in accordance with the council's overall policy guidance and his or her own politically neutral expertise.
I think this is a fair description of how the Town has been governed for many years.
The Mayor/Council form of government assigns decision making responsibility to the Town Board as a group, with no clear executive authority.
Advocates of the Mayor/Council model contend that the Town's 1899 Charter provides for a Mayor/Council form of government.
Maybe.
Maybe not.
More to come.
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