Removing town representatives who are not representing

[ltlredwagon]

Jurisdiction

North Carolina

Hello, looking for legal references. I'm going to be a bit vague intentionally.

Let us suppose that there is the town of "Bluebird". It is a wonderful, quaint, old-fashioned mountain town founded and built from the ground up well over a 100 years ago -- almost entirely residential, an inn, church, a few educational establishments, etc. Bluebird has a Town Council or Board of Commissioners consisting of 5 elected individuals. The town, by survey, and appearing in the town's Comprehensive Plan, made it known that their highest priority, by an overwhelming margin, is to "preserve the character" of the town, its history, heritage, etc.

The Town Council, however, decides that they want to take the town in a different direction. The town needs money so they decide, in this hypothetical, that the town square should be replaced by a "casino" or some other legal establishment which is nevertheless completely at odds with the character and heritage of the town and is opposed by the vast majority of the citizens. The laws of the town contain no statutes for the recall of elected officials. There is an "ethics code" which allows for the Town Council members themselves to sanction one of their own if they see fit. Otherwise, it seems like the only way to remove the 5 bums is to vote them out at the next election. But this is the US, with an understanding that representative government must be by the will of the governed. Is there any law, at any level, which the citizens could apply to remove and replace the Council?

 

[Zigner]

Hello, looking for legal references. I'm going to be a bit vague intentionally.

Let us suppose that there is the town of "Bluebird". It is a wonderful, quaint, old-fashioned mountain town founded and built from the ground up well over a 100 years ago -- almost entirely residential, an inn, church, a few educational establishments, etc. Bluebird has a Town Council or Board of Commissioners consisting of 5 elected individuals. The town, by survey, and appearing in the town's Comprehensive Plan, made it known that their highest priority, by an overwhelming margin, is to "preserve the character" of the town, its history, heritage, etc.

The Town Council, however, decides that they want to take the town in a different direction. The town needs money so they decide, in this hypothetical, that the town square should be replaced by a "casino" or some other legal establishment which is nevertheless completely at odds with the character and heritage of the town and is opposed by the vast majority of the citizens. The laws of the town contain no statutes for the recall of elected officials. There is an "ethics code" which allows for the Town Council members themselves to sanction one of their own if they see fit. Otherwise, it seems like the only way to remove the 5 bums is to vote them out at the next election. But this is the US, with an understanding that representative government must be by the will of the governed. Is there any law, at any level, which the citizens could apply to remove and replace the Council?

There is a method to do so already.

 

[mightymoose]

I skipped to the question at the end.

Yes, you either get support of the voters to elect new representatives next time around or you get support of the voters to recall and replace elected officials sooner.

The simpler and least costly option is to vote them out on the next pass.

 

[Zigner]

I skipped to the question at the end.

Yes, you either get support of the voters to elect new representatives next time around or you get support of the voters to recall and replace elected officials sooner.

The simpler and least costly option is to vote them out on the next pass.

In the OP's hypothetical scenario, there is no mechanism for a recall. As such, they wait.

EDIT: On second thought - since this is purely hypothetical, I supposed we can start making stuff up. I suggest that every citizen who opposes construction simply lays in front of the machinery (à la Arthur Dent) so that construction cannot begin.

 

[Tax Counsel]

But this is the US, with an understanding that representative government must be by the will of the governed. Is there any law, at any level, which the citizens could apply to remove and replace the Council?

The will of the people was expressed when they voted for the council. Perhaps the voters should have looked more closely at these folks before voting them in. The will of the people can again be expressed at the next election by voting for other council members who will be responsive. Until then, the voters have the right to express to the council their views on the proposed approval of the casino or whatever it is that would come to the town. No federal or NC law mandates a right for voters to recall city officials. So unless that right is in your city charter you are out of luck in booting these members out before the next election.

 

[adjusterjack]

Let us suppose that there is the town of "Bluebird". It is a wonderful, quaint, old-fashioned mountain town founded and built from the ground up well over a 100 years ago -- almost entirely residential, an inn, church, a few educational establishments, etc.

It's towns like that where adultery, murders and disappearances are rampant on Prime and Netflix.

The town needs money so they decide, in this hypothetical, that the town square should be replaced by a "casino" or some other legal establishment which is nevertheless completely at odds with the character and heritage of the town and is opposed by the vast majority of the citizens.

That vast majority of citizens can raise a public outcry in all the media and select 5 people to campaign against the council members.

Maybe sneak around and get some dirt on the council members. In a town like that everybody has secrets they don't want exposed.

I suggest that every citizen who opposes construction simply lays in front of the machinery (à la Arthur Dent) so that construction cannot begin.

They'd better have their towels handy - just in case.

 

[ltlredwagon]

Dang, I'm one of the oldest -- they'll probably vote to have me in front of the backhoe; I hate democracy. Anyway, thanks very much for these direct and revealing comments. Much appreciated.

 

[zddoodah]

The town, by survey, and appearing in the town's Comprehensive Plan, made it known that their highest priority, by an overwhelming margin, is to "preserve the character" of the town, its history, heritage, etc.

I don't entirely understand this. First, to whom does the pronoun "their" refer? Seemingly, it refers to "The town," but that doesn't really make sense. A "town" doesn't really have priorities except as are held by its elected representatives. So, exactly whose priority is this? Second, what does "by survey" mean here? How can a priority be expressed through a "survey"? Also, a survey of what? Third, to whom did "they" make this known?

I think what this might be saying is that, at the time that this town was founded "well over a 100 years ago," the persons involved in founding the town expressed that this was a priority for them. Is that what you're saying?

The Town Council, however, decides that they want to take the town in a different direction.

OK...so the current members of the town council have different priorities than the long dead individuals who held those positions 100+ years ago. Right?

and is opposed by the vast majority of the citizens.

You have a survey of all or a statistically significant sample of the town's residents (town's don't have "citizens") that proves this?

The laws of the town contain no statutes for the recall of elected officials. Is there any law, at any level, which the citizens could apply to remove and replace the Council?

I'd be willing to bet that state laws do. If, in fact, a "vast majority of the" town's residents oppose this plan, I'd bet at least a few of those folks are lawyers who could research the state statutes. If, by chance, there are no lawyers among the group, you and any other concerned residents certainly could hire a lawyer to look into this. Or you could research the NC General Statutes yourself.

In the OP's hypothetical scenario, there is no mechanism for a recall.

No...in the OP's hypothetical, "[t]he laws of the town contain no statutes for the recall of elected officials." Such laws will unquestionably exist at the state level.

 

[army judge]

North Carolina state law does not provide for the recall of elected officials.

However, in 552 municipalities within NC, about 20 municipalities do permit for local level recall via their charters and/or ordinances.

For example, Chapel Hill-Carrboro school districts do permit recall of elected officials.

I suggest you research to see if your municipality (or local government) allows recall of elected officials.

If recall isn't specified in your locality, you can simply begin the process of "primarying" those officials you (and others) believe should be legally ousted, or run your slate against the elected "slugs" at the next election.

Laws governing recall in North Carolina - Ballotpedia

 

[army judge]

No...in the OP's hypothetical, "[t]he laws of the town contain no statutes for the recall of elected officials." Such laws will unquestionably exist at the state level.

North Carolina state law does not provide for the recall of elected officials.

However, there are approximately 552 municipalities within NC, only 20 (or so) municipalities do allow for local level recall provisions via their charters and/or ordinances.

Laws governing recall in North Carolina - Ballotpedia

 

[Tax Counsel]

No...in the OP's hypothetical, "[t]he laws of the town contain no statutes for the recall of elected officials." Such laws will unquestionably exist at the state level.

Unquestionably? No. Your apparent assumption that every state provides for recall is not correct. The OP's state of NC is one state that does not provide for recall of elected officials. Nor does federal law provide for recall of any elected officials either. And as the OP stated his town has no recall provisions (though some NC municipalities do) the OP is out of luck so far as recall is concerned.

 

[welkin]

Hello, looking for legal references. I'm going to be a bit vague intentionally.

Let us suppose that there is the town of "Bluebird". It is a wonderful, quaint, old-fashioned mountain town founded and built from the ground up well over a 100 years ago -- almost entirely residential, an inn, church, a few educational establishments, etc. Bluebird has a Town Council or Board of Commissioners consisting of 5 elected individuals. The town, by survey, and appearing in the town's Comprehensive Plan, made it known that their highest priority, by an overwhelming margin, is to "preserve the character" of the town, its history, heritage, etc.

The Town Council, however, decides that they want to take the town in a different direction. The town needs money so they decide, in this hypothetical, that the town square should be replaced by a "casino" or some other legal establishment which is nevertheless completely at odds with the character and heritage of the town and is opposed by the vast majority of the citizens. The laws of the town contain no statutes for the recall of elected officials. There is an "ethics code" which allows for the Town Council members themselves to sanction one of their own if they see fit. Otherwise, it seems like the only way to remove the 5 bums is to vote them out at the next election. But this is the US, with an understanding that representative government must be by the will of the governed. Is there any law, at any level, which the citizens could apply to remove and replace the Council?

While you may not recall your elected officials you can fight the development on zoning and planning grounds that are regulated NC statutes.

The Town Council can't just change the comprehensive plan or the zoning ordinance because they want development to generate retables. There is a long process to change municipal owned land (the town square) to private use. But it can be complicated so I suggest that you get a consult with a local land use/zoning attorney.

 

[adjusterjack]

While you may not recall your elected officials you can fight the development on zoning and planning grounds that are regulated NC statutes.

There may also be county and city zoning and building codes.

 

[ltlredwagon]

I'm hoping to be directed to North Carolina law on conflicts of interest as regards civil servants. In this instance, I am looking at the Chair of a town Planning and Zoning Commission. Non-profit Corporation X wants to place a building on a parcel which may require a Conditional Use Permit or even changes in the zoning law. The Chair happens to be listed on the 990 forms for Corporation X for the past 4 years as "principle officer". It's a serious conflict of interest. I would like to be able to read the law on this.

 

[Zigner]

General Statutes - North Carolina General Assembly

 

[adjusterjack]

Sorry, but reading laws (if there are even any) won't help you because just being on the board of the corporation is not inherently a conflict of interest.

It could be if the Chair uses his position and influence to get the project approved when it would not have been approved without his position and influence.

It would not be a conflict of interest if the project gets approved on its own merits.

Why do you think that the project is going to require shady dealings?

 

[army judge]

Mister Big and/or Ms. Big don't worry and fret over the "little people" kvetching, whining, complaining about anything they do.

Why?

Mister Big and/or Ms. Big are TOO powerful wealthy, and well connected to even get a parking ticket.

Mister Big and/or Ms. Big don't fret the small stuff or the wee people.

It is never wise to tussle with, call out, tattle on, intrude upon, or glance at Mister Big and/or Ms. Big.

 

[adjusterjack]

Mister Big and/or Ms. Big are TOO powerful wealthy, and well connected to even get a parking ticket.

Not always. Bernie Madoff went to prison, Enron executives went to prison, Leona Helmsley went to prison, Martin Shkreli went to prison, billionaire Wong Kwong Yu went to prison, Allen Stanford went to prison.

I'm sure that there are many more "Bigs" whose wealth and power couldn't keep them out of prison.

 

[army judge]

Bernie Madoff went to prison

Madoff wasn't wealthy, he obtained his money using illicit techniques.
Yes, he ended up in prison.

I don't consider Madoff as a Mr. Big.

Martin Shkreli

He was just a dude that had a run of good luck.
I don't consider him a Mr. Big.

Enron executives went to prison

Corporate executives have money, some might even be rich, no Mr. Big or Ms. Big there, either.

.

I'm sure that there are many more "Bigs" whose wealth and power couldn't keep them out of prison.

I disagree.

A "true" Ms. Big or Mr. Big never gets a side look from prosecutors.
Even IF one were to get popped, her/his connections will see to a pardon.
Most Mr. Bigs or Ms. Bigs are known only to a very small circle of similarly connected folk.

After all, when your blood is "blue", you're untouchable.

 

[Tax Counsel]

Most Mr. Bigs or Ms. Bigs are known only to a very small circle of similarly connected folk.

Then none of us, including you, would really know who most of these Mr/Ms Bigs are, let alone just how untouchable (or not) they'd be. So your speculation on that is no better than mine.