New commissioner appointment draws concern from some commissioners

FAIRMONT – In a special session on Tuesday that lasted less than 10 minutes, an incumbent commissioner resigned and nominated someone to fill his seat when he becomes mayor in December.

Fairmont Commissioner and Mayor-Elect Charles Kemp submitted his resignation effective December 21, when he will be sworn in as Mayor. He then nominated Jan Tedder-Rogers to replace him on the same day he and others are sworn in. Rogers is a “lifelong resident of Fairmont,” and serves as the general manager of the Lumberton ABC business, according to information from Kemp. She will end the remainder of his term, which ends in 2023.

The nomination was made official through a tiebreaker vote by Mayor Charles Townsend. Commissioners who voted for the nomination were Heather Seibles, Charles Kemp, and Mayor Pro Tem JJ McCree. Opposition commissioners were Felecia McLean, Monte McCallum and Terry Evans.

“As I said, I am against this request,” said Commissioner Terry Evans.

“We put the cart in front of the horse,” he added. “If he resigns, he must resign immediately, not on the 21st.”

Evans said there was a gentleman’s agreement in which board members agreed to wait for new members to take their seats on the board and participate in the decision-making process to appoint a new commissioner. Commissioner Monte McCallum agreed.

Fairmont attorney Jessica Scott said the commissioners could choose to keep a gentlemen’s agreement or vote on the nomination.

“However the board wants to move forward, it’s up to the board,” said Scott.

McCallum called the move to postpone nominations before the swearing-in date in December “unethical and almost downright crooked”.

“You have board members here who have no say here,” McCallum said, referring to Commissioners-Elect Melvin Ellison and Clarence McNeill who were in the audience.

“It will come back to bite you, however,” added McCallum.

After the meeting, Commissioner-designate Clarence McNeill described the meeting as “interesting”.

“I consider it unethical myself,” Commissioner-designate Melvin Ellison told The Robesonian after the meeting.

According to section 3.3 of the city statute, “if there is a vacancy in the office of mayor or commissioner, the council of commissioners shall, by majority vote, appoint a qualified person to fill this position for the remainder of the term of office that has not yet expired.”

City officials, including Kemp, said material from the UNC School of Government was consulted before the request was made.

Kemp told The Robesonian after the meeting that he had consulted an article by David Lawrence, a professor at UNC SOG, on open assembly laws and member appointment ahead of time, before making his decision.

Kemp planned to table resignation at the Nov. 16 session, but waited for the election to be confirmed by the NC State Board of Elections, he said.

The commissioner said he wanted to end the operation during the meeting.

“I wanted to have a say in who will replace me in my seat,” he told The Robesonian after the meeting.

Kemp said he was happy with his decision and “ready to move on”.

You can reach Jessica Horne at 910-416-5165 or by email at [email protected]

New commissioner appointment draws concern from some commissioners