Lake Santeetlah – It was the first time the council had officially met since November.
And if the Feb. 2 special called meeting of the Lake Santeetlah Town Council proved anything, it was that even the lengthy layoff could not conjure harmony between members.
Just one topic was before the council’s first quorum in months: a medical leave of absence request submitted by Ralph Mitchell, who was elected as a write-in candidate during the controversial 2021 municipal campaign. Mitchell, 93, is believed to be the oldest council member serving in North Carolina.
The council’s first assembly in months Feb. 2 seemed like a simple enough task, but the 15-minute meeting devolved into a tense discussion when a 2-2 stalemate emerged: council member Tina Emerson and Mayor Connie Gross were in favor of granting the request, while council members Jim Hager and Diana Simon were opposed.
Gross admitted during her pitch that she stayed in touch with Mitchell, as her and husband, Jack Gross, keep a watchful eye on Mitchell’s home during his absence from North Carolina – performing tasks such as ensuring his car battery does not die, for example – and said she asked Mitchell if he would be back, citing a recent issue with a lack of quorum.
His simple response was, “I don’t know.”
Through research, Mayor Gross discovered N.C. G.S. 128-41, which defines parameters for municipal officials taking leaves of absence for illness. Emerson read the statute in its entirety during the 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.”
In conversation with Gross, Mitchell indicated that he “wanted to do what was right,” so he penned the request on the back of an envelope and gave it to his son, to be delivered via mail.
The son instead emailed a scanned image of the envelope Jan. 30, which clearly shows Mitchell’s handwriting stating, “I would like to request a medical leave of absence (from the) town council.” The request bears a date of Jan. 18.
“I can’t predict the future, nor can any of us,” Mayor Gross said. “And God bless him, I hope he recovers. I hope he gets better, but in the meantime, we have had five meetings and they have not happened because we have not had people here.”
Emerson motioned that the request be granted, while Gross seconded, before asking if there was any discussion from the council.
At that point, the wheels fell off.
“I do not agree,” Simon said.
“I will vote no,” Hager added.
When pressed, both offered their reasons.
“I believe that he should resign,” Simon said.
“I believe that’s up to Ralph if he wants to resign or request a leave of absence,” Emerson responded. “If he comes back next week …”
“If,” Simon interrupted.
“If he comes back next week,” Emerson continued, “if he comes back next week, next month or even tomorrow, the temporary position is over and Ralph is able to step right back into the position. He’s not gone; he’s not retiring or quitting, he’s requesting a leave of absence. As a council, we should do that for him.
“I think it is unfair and incredible if you don’t do it. Cold, even, not to grant it.”
“We’re all saddened about his health conditions, and we pray for a full, speedy recovery,” Hager said. “However, it’s been several months since Ralph has been able to attend meetings. I think it would be in the best interest of the town to prepare a resolution, respectfully asking Ralph to resign.”
“I don’t think there’s anything respectful about asking him to resign,” Gross replied. “I find it offensive that you disrespect him …”
“That is not disrespect for him,” Hager countered.
“Yes, it is,” Gross and Emerson simultaneously said.
“Let him keep his dignity while he is recovering,” Gross continued. “He’s very proud of his position. He’s talked about this being on his bucket list; he was so thrilled when the results came in.”
Several of those in attendance for the meeting spoke in defense of both sides of the topic, with the heated debate ultimately drawing the meeting to an abrupt end.
Full video of the meeting is available for free viewing at grahamstar.com.
Simon forwarded an email sent to Gross and Town Administrator Kim Matheson early Monday, addressing the controversy. It appears in its entirety below:
“On Jan, 31, I received an email from Town Staff with an attached photo of an envelope with a roughly scratched note which has been accepted as a request by Ralph Mitchell, Vice Mayor of TOLS, for a ‘MEDIAL LFAOE OF ABSENSE’ dated Jan. 18, 2023. No reason of protracted illness or requested term limit stated in the notice.
“I expect the governing body of the Town of Lake Santeetlah to operate in a professional manner. The notice prepared and submitted was not ‘professional.’ Not what I will accept from the Vice Mayor. As a member of the Town Council I have the right to vote on as I wish. Not as you may wish for me to vote. I do not need to give you a justification for my vote. I do not discriminate based on age or intelligence. Member Jim Hager also voted against the motion.
“We continue to have a Council of four members. That is still a quorum and capable of performing our duties in Mr. Mitchell’s absence. (I remind you that our Tourism Development Authority operates with a quorum of three members.)
“Mr. Mitchell has not attended in-person Council meetings since September. Mr. Mitchell has not communicated with Town Staff during his absence. It has been my understanding the Mr. Mitchell has been living with family in Ohio.
“I am glad that he has the care of his family. I do not personally feel that Mr. Mitchell will be returning to live, by himself, at the lake.
“I feel Mr. Mitchell should resign his Council seat and a permanent replacement be appointed until our November election.
“Once again the meeting became unprofessional and unruly. You called me ‘cruel,’ etc. because of my decision. You, and others, proceeded to comment (and yell) about Mr. Mitchell ‘intelligence,’ which was not the purpose of this Special Called Meeting. Much of my character bashing was after the meeting adjournment and ending of the zoom connection.
“Public comment made at the Nov. 8, 2022 Council Meeting by a homeowner: “It is the expectation of the taxpayers of this town that at all times during Town Council meetings a tone of respect remain towards fellow Council members and residents.”
Gross supplied a response to the email to The Graham Star on Monday, noting that Mitchell was present for the October council meeting and led the council in the pledge of allegiance via Zoom in November.
But with 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.
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 seven 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. He has not returned – Gross noted that he was stricken with COVID-19 during the trip, but is on the mend – but his missed presence has not been the lone reason for a lack of quorum.
Hager and Simon – who have filed eight separate voter challenges with the Graham County Board of Elections concerning the aforementioned 2021 municipal outcome, including one that was dismissed in September against council member Emerson – have also not been present in town to attend meetings since November.
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. The same agenda from the original try Dec. 8 has been moved forward to each meeting, as the town does still have issues to address: updated water policy/fees, town gate repairs, ethics training and COVID-19 funds, to name a few.
His biography on the town’s website notes that Mitchell has owned a home on Lake Santeetlah since 1976.