Council still unable to agree on medical-leave request
Ralph Mitchell
Lake Santeetlah – The agenda for a local municipality’s March 9 council meeting included several items of interest.
One in particular expressed optimism: No. 7, under “Old Business,” which said, “Acceptance of Ralph Mitchell’s request for medical leave of absence.”
But the entire tone of the March 9 Town of Lake Santeetlah meeting quickly shifted to pessimism when the council reached the item and requested
a vote of the four-member council. Just like the last time a majority was needed to grant the 93-year-old public servant’s request – a special called
Feb. 2 meeting – Mayor Connie Gross and council member
Tina Emerson affirmed the motion; council members Jim Hager and Diana Simon voted against it.
And just like the last time the topic was broached, a heated debate ensued.
“In my opinion, the reason that we can’t do this right now is that the two of you would never approve anyone we want, and me and Diana would probably never approve anyone you’d want,” Hager told Gross and Emerson.
“The correct thing to do is to give the man a medical leave,” Emerson said. “If we were a corporation, and someone was ill or pregnant, we would grant them the request for leave. Then if the leave was passed, we would be at a point where we could come up with someone in the town that we could all agree on. There’s got to be people we could agree on.”
“I would hope so,” Hager replied.
“I would hope so, too,” Gross interjected. “Let’s get this first step over with. I just want to get this over with, give the man his dignity and give him his request – then we’ll battle over putting that fifth person in.”
“I still feel he should resign,” Simon replied.
Emerson again used the corporation argument, which prompted Simon to quickly point out that Lake Santeetlah is not a corporation.
“We should be acting in a professional manner and trying to force someone to quit or resign when they have requested a leave of absence …” Emerson began.
“Well, we will just continue as a board of four,” Simon responded.
Gross again questioned what Hager would like to do. When he glanced to the other end of the table to Simon, Gross said, “It doesn’t matter what she did. You’re an individual.”
“I’ll stick to my guns,” Hager said.
The issue was unceremoniously dropped at that juncture.
Legal permission
N.C. G.S. 128-41 defines parameters for municipal officials taking leaves of absence for illness. Emerson read the statute in its entirety during the special Feb. 2 meeting:
“Any elective or appointive municipal official may obtain leave of absence from the official’s duties for protracted illness or other reason satisfactory to the governing body of the municipality, for such period as the governing body may designate,” the statute reads.
“The leave shall be obtained only upon application by the official and with the consent of the governing body. The official shall receive no salary during the period of leave unless the leave of absence is granted by reason of protracted illness, in which event the granting of a leave of absence shall not deprive the official of the benefits of any sick leave to which the official may be entitled by law. The period of leave may be extended upon application to and with the approval of the governing body of the municipality if the reason for the original leave still exists, and it may be shortened if the reason shall unexpectedly terminate: Provided, that no leave or extension thereof shall operate to extend the term of office of any official beyond the period for which the official was elected or appointed.
“If, by reason of the length of the period of absence or the nature of the duties of the official, the governing body deems it necessary, it may appoint any qualified citizen of the municipality as a temporary replacement for the period of the official’s leave of absence. This appointee shall have all the authority, duties, perquisites, and emoluments of the official temporarily replaced. The appointee shall possess all the qualifications required by law for holding the office for which the temporary replacement official is appointed.”
Quorum quandary
Mitchell’s handwritten request was presented at the special February meeting. Dated Jan. 18, Mitchell – who is believed to be the oldest council member serving in North Carolina – simply said, “I would like to request a medical leave of absence (from the) town council.”
Stating that he “wanted to do the right thing,” Mitchell penned the request on the back of an envelope. His son scanned and emailed the document to the town on Jan. 30.
Mayor Gross and husband Jack have admitted to keeping an eye on Mitchell’s Lake Santeetlah home while the elder member of the council visited family in Ohio over the holidays. Mitchell fell ill while away and Mayor Gross later quizzed Mitchell on when he would be able to return.
“I don’t know,” Mitchell replied.
Mayor Gross admitted March 9 that she did not have the heart to tell Mitchell that his request did not pass on the first attempt.
The council unable to agree on the request, it is unclear how the town will even be able to proceed with future meetings, since agenda items that require votes could easily be split without a five-member panel. State-level intervention is a real possibility.
Granting the request would have allowed the council to discuss potential temporary fill-ins for Mitchell’s seat. With the next Town of Lake Santeetlah election less than six months away, that means a void to be filled for just over half a year.
Mitchell had been present in the town for several meetings during the fall – when others were still patching in via Zoom – but in Gross’ explanation about receiving the leave request, left in November to spend the holidays with family in Ohio.
But his missed presence has not been the lone reason for a lack of quorum.
As reported in the Jan. 26 edition of The Graham Star, Hager was stuck in a court hearing
for one meeting and on vacation for others. Citing an illness, Simon could not attend the Dec. 14 meeting. Only Gross and Emerson were present, forcing a second postponement in one month alone (the regularly scheduled Dec. 8 meeting was pushed back due to staff illness at town hall).
Attempts to have a meeting Jan. 5 and Jan. 12 proved unsuccessful as well, due to a lack of quorum.
Resident Jack Gross requested the minutes from recent meetings and presented his breakdown of attendance during public comment March 9:
* Emerson has missed 0 of 19 meetings;
* Mayor Gross has missed 0 of 19 meetings;
* Hager has missed 5 of 19 meetings;
* Mitchell has missed 3 of 19 meetings;
* Simon has missed 7 of 19 meetings.
Simon quickly noted that one of the meetings in question included a late arrival for both Hager and Simon. Jack Gross countered by noting that the minutes did not reflect a late arrival.
Mitchell was elected as a write-in candidate during the controversial 2021 municipal election, which has divided the tiny lakefront community. The fallout from the election has led to eight voter challenges being filed – only one has been heard, Tina Emerson’s – and the town’s next election is in eight months.
His biography on the town’s website notes that Mitchell has owned a home on Lake Santeetlah since 1976.