Oriental Town Board Closed Sessions

Last night the Town of Oriental Board of Commissioners went into closed session "to discuss personnel matters" and someone mumbled the paragraph "143-318.11 (a)(6)" as the alleged authority.

Not good enough, on two counts:

(1): The open meetings act requires the public body to act only on a motion that explains the purpose of the closed session in plain English. Western Carolina University has helpfully provided a model motion for closed sessions under North Carolina Law here. Under section 143-318.11, there is NO general permitted purpose called "personnel." As you can see from the model, the public body must provide more information concerning the purpose under 143-318.11 (a)(6), selecting one of the following:

"+ consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or employee.

+ hear or investigate a complaint, charge, or grievance by or against a public officer or employee.

+ plan, conduct, or hear reports concerning investigations or alleged criminal conduct."

So the motion to go into closed session was improper on its face;

(2) Assuming that the actual purpose was to "consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or employee," and that it concerned the possible hiring by the Town of a police officer, the closed session was improper because it usurps the statutory powers and duties of the town manager under NCGS 160A-148. I have mentioned this before here and here.

I reminded the commissioners last night that they attended a special workshop August 17 2010 at 11:00 a,m. at Town Hall for the purpose "to learn the difference between Council/Manager and Council/Mayor forms of government...." The explanation was provided by Mr. Hartwell Wright, human resources consultant with the North Carolina League of Municipalities, accompanied by Ms. Lisa Kinsey, NCLM Member Services and Marketing Representative.

According to my notes from that session, Mr. Wright made it quite clear that in a council-manager government, the manager hires, fires and supervises all subordinate offices, including police, unless the town's charter is specifically amended. Otherwise, North Carolina General Statutes 160A-148 apply.

One of the commissioners said to me, "I'm looking at the Town Charter and it says we elect the constable." The same paragraph also stipulates that town officers (including the constable) must be a qualified voter in the town. The charter stipulates that municipal elections will be held every year on the first Monday in May, that commissioners have the power to collect taxes by levy and sale of property, and that the mayor has the power to cause all persons who fail to pay fines or imprisoned for violation of town ordinances to work it out on the streets. None of those provisions still apply.

The charter specifically cites chapter sixty-two (62) of the Code of North Carolina, vol. II as the source of the town's powers, rights, privileges and immunities, "as amended by subsequent acts of the general assembly."

That refers to The Code of North Carolina, Enacted March 2, 1883. I have a copy of chapter sixty-two of that Code, and provided a copy to the town manager some years ago to file with the charter. A reading of chapter sixty-two of the Code makes it apparent that very few of its provisions still apply to municipalities. The Code was long ago replaced by North Carolina General Statutes.

I'm reminded of a question raised forty-eight years ago by another old codger:

"Can't anybody here play this game?"
- Casey Stengel