WENDELL -- A raft of rule changes proposed by Town Commissioner Sid Baynes could require the town to seek changes to its charter - and possibly state law - before they take effect.
Baynes recommended overhauling the operation of the Town Board at a meeting last month, primarily by giving more power to the mayor pro tempore. He proposed that the mayor pro tem have authority to manage the work of the board, establish board committees and appoint the leaders of those groups.
The mayor pro tem is a commissioner, elected by fellow commissioners to serve as the de facto leader of the board. State law gives that position authority only in the absence or incapacitation of the mayor to run the board's meetings. Wendell's mayor pro tem is Carol Hinnant.
Baynes' proposal also calls for eliminating language that gives the mayor or the board of commissioners the right to make appointments to the board's committees. Mayor is an elected position in Wendell; the mayor is J. Harold Broadwell II.
Baynes also proposed striking language that requires committees to follow the state's Open Meetings Law.
Commissioner Ira Fuller said last week he wants the town's attorney to review the changes before commissioners are asked to vote on them. According to Fuller, it appears some of the changes would require the town to amend its charter. Such changes require the approval of the N.C. General Assembly. Other parts of the proposal, Fuller said, seem at odds with state law.
But Fuller acknowledges that he is not a lawyer. "That's why I want the attorney to look at it. If he comes back and says there's no legal issue, then I might have a change in my perspective," Fuller said.
Interim Town Manager Teresa Piner said she, too, is unsure whether the proposal meets legal tests.
"The attorney is reviewing it," Piner said. "I don't know if there are legal issues or not. But I'm sure that all of them will look straight to the attorney for a determination before they would want to vote on any changes."
In addition to vesting more authority with the mayor pro tem, the rules would also revamp the commission's committee structure, which had grown unwieldy and ineffective in the seven months since it was adopted. The proposal calls for using a portion of the town board's monthly meetings as a time for committee meetings.
After commissioners were criticized for holding improper meetings earlier this year, board members appointed all five commissioners to all five standing committees. That affected attendance rates and led to concerns by some commissioners that they weren't adequately informed about the discussions that took place in their absence.
If commissioners adopt Baynes' proposal, it would effectively do away with the standing committee concept, Fuller said, because issues would be taken up during board meetings. Under the proposal, if the mayor pro tem thinks a topic merits further discussion, she could ask for an additional meeting of the board.
