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Commissioners to 'poll' voters on county manager issue

By Lisa Majors-Duff
Against the advice of their attorney, Jackson County commissioners will include a referendum on the November ballot to gauge support for or against hiring a professional county manager. The board vote of 4-0-1 came during the continuation of a recessed meeting Friday (Aug. 18). Chairman Jay Denton abstained from voting because of what he termed a conflict of interest on his part since he serves as both chairman of the board and county manager.

He did say, though, that he was concerned the board would vote "against the advice of our counsel (Raymond Large), who has researched this issue thoroughly."

Based on Large's interpretation of state elections statutes, it would be improper to ask voters if the current procedure of electing the county manager should continue. He received concurring opinions from officials with the N.C. Institute of Government and state Attorney General's office.

But commissioners insisted a way be found to include the question on the ballot, upholding a campaign promise to allow the voters an opportunity to decide the issue.

"We promised the people that they would have a chance to vote on it," Commissioner Stacy Buchanan said.

The reason it is improper to ask voters to decide stems mainly from state statutes that give voters the right to change the structure of the board but not alter the duties of its chairman, Large said. The question approved for the ballot - "Should the structure of the board of commissioners be changed from its present structure with the chairman of the board serving as the county manager to a county-manager plan, which would provide for a full-time county manager to be hired to serve at the pleasure of the board of commissioners?" - does not actually alter the makeup of the board, he said.

Large also cited an opinion by Michael Crowell of the Institute of Government, who wrote that "County officials sometimes want to have a 'special referendum' or 'straw vote' on a controversial issue. Such an election is permitted only if it is specifically authorized by state law or a local act of the legislature. Otherwise, county funds may not be spent on it."

Large further contended that asking the voters this same question in 1992 was improper and non-binding. Even though the voters said then not to change the duties of the full-time, elected commissioner, the board retained the authority to do so by resolution in 1996 and, in fact, hired a county manager.

The November 1996 decision by the board to adopt a county-manager form of government was made by resolution in accordance with state statutes. It sparked a two-year legal debate between the county's Republican-controlled board of commissioners and county Democrats who fought to retain control of the full-time manager/chairman's seat held by Dan Robinson of Cullowhee. Robinson, who will be on the ballot for re-election to the N.C. Senate this November, was appointed to the board chairmanship by the Democratic Executive Committee upon the resignation of then-board Chairman T.C. Lewis.

County Democrats contended that the board's resolution to diminish the duties of the elected chairman in his capacity as county manager and hire a professionally-trained manager was illegal according to a 1931 local law that set up Jackson County's current form of government. Superior Court Judge Don Bridges agreed, but the N.C. Court of Appeals overturned the lower court's decision, giving the board the authority to hire a manager.

Within three months of that decision, the entire board of commissioners changed to include all Democrats. Denton, who reminded the board members several times of their right to change the duties of the chairman by resolution, said he believed the outcome of the November 1998 vote "indicated how the people felt about county government. When we were elected, we replaced the previous board that changed the government."

"I don't think that was the issue," Commissioner Roberta Crawford said. "Those commissioners didn't listen to the people."

Commissioners Crawford, Buchanan and Conrad Burrell all voiced their disapproval at learning of Large's findings with little or no time to address the issue.

"I don't think that we, as commissioners, can make this decision. We said the voters could decide," Burrell said. "I think we dropped the ball. We promised the voters, and they deserve a chance to vote."

Though he disagreed with Burrell's assessment, Denton did take responsibility for not asking Large to research the question sooner.

In the audience Friday were Sylva attorneys Jay Coward and Jay Spiro, both of whom agreed with commissioners that the question should be put to the people this November.

"It's my opinion that you should put this on the ballot in November," said Coward, who was chairman of the county board of elections during the 1992 referendum and a member of the board of commissioners that changed the duties of the chairman in 1996. "The people are expecting it."

"I am not convinced that this board can't put this before the people," Spiro said.

Following their vote, commissioners were informed by Jackson County Board of Elections Supervisor Lisa Lovedahl-Lehman that their signatures will be required to authorize her to place the county manager question on the ballot. From there, she said she'll send the ballot to the state board of elections, where she expects it will be approved.

Back to Archive: 08/24/00.