SPECIAL SUPPLEMENT TO CCTA WATCHDOG REPORT
NEW BERN BOARD OF ALDERMEN, MAY 11, 2013
On Friday, May 10th, Ward 2 Alderman Victor Taylor announced he would join Ward 6 Alderman Dana Outlaw in petitioning New Bern City Manager Mike Epperson to convene a special called meeting of the New Bern Board of Alderman (BOA). This will be announced in a timely fashion in accordance with the NC statutes which require 48-hours' notice to the Board members and the public.
Based on recent accounts in various local media of statements attributed to Alderman Outlaw, the subjects of this meeting are to be Mayor Bettis's legal entanglements and actions of this week, to discuss whether Mayor Bettis should resign, and the leadership and direction of the City. This week's events that brought the Board to this point began with Mayor Bettis being cited at 7:49am this past Monday morning with a DWI and two infractions of failure to maintain lane control and designated lane violations. The Havelock PD press release states the investigators said the charges are based on how Mr. Bettis was driving, as well as results from field sobriety tests.
Less than 48 hours later, a 911 call to Carteret County dispatch recorded his wife accusing him of abusing her by shoving her down stairs and choking her. The next day, Thursday, Susan Namowicz, Bettis Law Firm's business manager who also said she was the family's personal assistant, conducted a press conference to convey a prepared statement from Mayor Bettis succinctly stating that he would be taking a 2-month leave of absence "to take care of his family". Mr. Bettis was not present at this event. His assistant said the mayor wanted her to read his prepared statement "in which he could not be here for which he is in court - delayed in court - as he is an attorney". It is Alderman Outlaw's conviction that the mayor should resign both as a result of his actions during this week as well as his intended length of leave, which he believes "leaves the city in a void of leadership that is not good for the city". When asked her opinion of the impact of Mayor Bettis's circumstances on the city, Alderman Sabrina Bengel has been quoted in the Sun Journal as responding , "As mayor pro tem, I will lead the meetings in his absence - he is still mayor of New Bern. The publicity has not affected city staff. The work of the city is going on, and it is good work". Mr. (City Manager Mike) Epperson is at the helm, and it is business as usual."
According to a brief that City Attorney Scott Davis gave at the 3-6-13 BOA meeting, this special called meeting will be a public meeting. However, as Alderman Outlaw pointed out in a 5-10-13 Sun Journal article, it is possible the Board could vote to go into closed session at some point during that meeting. Late Friday afternoon, a new BOA agenda was posted for a regular meeting to be held on Tuesday, May 14th @ 7pm, presided over by Mayor Bettis. This meeting date was previously listed on the BOA Calendar for the FY2013/14 city budget overview (Agenda Item #5). However, Agenda item #24 is listed to be a closed session, although no statute is cited that would give a clue as to what would be discussed. Petition of Citizens is also on the agenda at item #3. This is the opportunity for the public to address the Board for four (4) minutes on concerns they may have.
Other possible items of interest to CCTA members are:
(a) Agenda item #4. "Adopt Resolution Authorizing City to be a Co-Applicant with New Bern Housing Authority in the Choice Neighborhood Planning Grant and Authorizing City Manager to Sign Memorandum of Understanding.
(Ward 1) The New Bern Housing Authority has requested the City partner with them on a Choice Neighborhood Planning Grant. The grant assists with plans for modernization of public housing as well as overall improvements in the surrounding community. The grant will require a dollar-for-dollar cash match over the next two years of an amount not to exceed $30,000. The Resolution authorizes the City to join the Housing Authority as a co-applicant and authorizes the City Manager to sign a Memorandum of Understanding and to approve the expenditures up to $30,000 for the required match."
(b) Agenda item #8. Adopt a resolution approving Interlocal Tax Collection Agreement wherein the County and City tax offices are recommended to be consolidated effective 7-1-13.
(c) Agenda item #14. Adopt a resolution approving financing terms for Advanced Metering Project (AMI/DSM) and the Hwy 17S Sewer Improvements Project not to exceed $1.4 million and refinancing four (4) debt contracts totaling $15,960,528.92 to save the City $1.5 million.
(d) Agenda item #16. Adopt a resolution to provide for the creation of a new position of MPO (Metropolitan Planning Organization) Administrator under the Development Services Dept. Funded by an 80% match from the U.S. Dept of Transportation and a 20% match from local member jurisdictions. Membership consists of New Bern's director of development services, MPO coordinator, city engineer; Craven County's planning director and operations and facilities director; town managers from Trent Woods, Bridgeton and River Bend; CARTS; Coastal Carolina Regional Airport Authority; New Bern Area Chamber of Commerce; and federal, state and local transportation officials. The pay scale range is $36,978 to $60,181.
In the early morning of May 10th, City Attorney Scott Davis was kind and patient enough to participate in an email interview with me. It centered around the subject of Mayor Bettis's leave status and his continuing to be paid despite the manner in which his leave of absence came about.
On the subject of leave benefits and procedures for elected officials: Mr. Davis stated that "elected officials are not subject to the city's personnel policies regarding leave. Therefore, the Mayor's leave is general in nature unless the Mayor decides to provide more specificity". I asked him if Mayor Bettis informed anyone on the BOA, the City Manager, someone in Human Resources or Mr. Davis, himself, that he was embarking on this 2-month leave of absence prior to issuing his statement through his representative at the May 8th Noon press conference? Mr. Davis replied, "The Mayor did not inform me of his plans. I do not know what he may have told others. To what may be a minor point, it's not been made clear to me what the Mayor intends by his "leave". I don't know if he will be performing some functions but not others, or none at all, or for exactly how long. Under such circumstances, the Mayor Pro Tem performs the functions of the Mayor to the extent necessary".
On the issue of the Mayor's and other elected officials' pay for both leave and active status: Mr. Davis explained in our email interview that "city employees are subject to different rules regarding pay and compensation, and have different benefits regarding sick leave and vacation" as compared to elected officials. "City employees may or may not receive compensation while on leave depending on the facts". Elected officials are not required to be placed in a designated leave status such as sick leave or personal leave or vacation/annual leave. Mr. Davis said, "I'm not aware of any public official of any local government that I represent who has not received pay while on leave. There may be examples out there of which I'm not aware". I asked Mr. Davis if the Board could hold a BOA meeting during which an amendment to either the budget or to Mayor Bettis's employment contract could be motioned and voted on should it be determined by some means that it is no longer incumbent on the city to pay him while he is on this leave of absence. Mr. Davis answered, "No. Public officials have no employment contracts. The Board sets its annual compensation (and the Mayor's) as part of the annual budget ordinance. Once fixed, it may not be changed until the next budget year".
In a Sun Journal article posted @ 3:57 pm on Friday, May 10th, City Mgr Epperson said that Mayor Bettis sent him a clarification to his leave period stating it will be less than the 2-months he originally released to the public. Mayor Bettis said it was possible that he would not be attending BOA meetings for up to six (6) weeks. Mr. Epperson was also reported to have said that the Mayor's primary activities are presiding over the BOA meetings and some ceremonial roles. (This reporter would add that another primary duty is that the Mayor is allowed to vote on all issues coming before the Board). Mr. Epperson said that Mayor Pro Tem Bengel will assume those duties, or possibly delegate some of the ceremonial duties to other Board members. Mr. Epperson also said that as of (this 3:57pm posting) the afternoon of May 10th, he had not heard a request for a special council meeting from any Alderman.
The Board and city staff are currently in the process of formulating the FY2013/14 budget. Regarding the budget There is one more public BOA meeting for the budget overview presentation on this Tuesday May 14th @ 7pm and two more public budget workshops (5-21-13 and 5-23-13, both @ 6pm) to be held. When the budget ordinance is passed, it will become effective July 1, 2013. If Mayor Bettis's stated 60-day leave was to be calculated from the date of his assistant's press conference on May 9th that would put his return at noon on July 9th, 2013. An earlier return at six weeks would bring the date to June 20th.
Rhonda Taylor
CCTA Watchdog Reporter for City of New Bern
New Bern, NC
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