Indian Trail council holds censure hearing for Councilmember Todd Barber; no final vote recorded

The Indian Trail Town Council heard more than two hours of testimony, legal argument and public comment Tuesday during a censure hearing for Councilmember Todd Barber, who challenged an outside attorney's investigation connecting him to a local Facebook page.

The proceeding opened with an explanation from Town Attorney Melanie Cox that the council had hired an outside lawyer and received a report on March 30. Cox said the hearing was Barber's opportunity to respond to that report. "Tonight is the actual censure hearing, so Mr. Barber can present any evidence and you all can ask any questions," she said.

The hearing alternated between procedural disputes over whether new material could be admitted, Barber's lengthy rebuttal and extensive public comment. Barber repeatedly disputed the investigator's conclusions and presented an affidavit from his wife, Lisa Barber, saying she was the page administrator and that he had no editorial or administrative control. "I have no administrative, no editorial, and no authorship control of the page," Barber said, summarizing the affidavit he submitted. He also said he has filed a grievance with the North Carolina State Bar concerning the investigator's statements about alleged conflict-of-interest findings.

Cox told the council that evidence directly related to the investigator's report could be referred to in a resolution of censure, but that new allegations or evidence not reviewed by the investigator could require reopening the investigation. "If they're directly related, and you want to ask questions about that, then I think after he presents it, before Mr. Barber answers any questions, you all vote on whether or not you want to consider it or not," Cox said.

Mayor Pro Tem Tim Gay moved that the council adopt a resolution of censure based on the outside investigation. Council discussion then focused on procedure: several council members said they had just received additional documents the same day and had not had time to review them, while others urged the council to press forward. Members debated whether third-party rebuttals or slide presentations should be allowed as part of the hearing. "The official with the violations have the right to present evidence," one council speaker said during argument about procedure.

Public commenters were overwhelmingly critical of Barber. Speakers urged the council to act because they said the Facebook page had spread misinformation and damaged the town's reputation. "This is hurting the town," said one resident, calling for resolution so the council could return to other business. Several residents asked Barber to close the page or resign. Others said the council should attempt to mediate disagreements.

Council members also voiced concern about the effect of the dispute on town staff morale. The town attorney earlier had advised the council that staff had complained of a hostile work environment related to Barber's conduct; the attorney told the council that several staff members had considered leaving and that morale was low.

At multiple points the council considered whether to accept the new information that had been delivered that day. Barber argued additional material should not be admitted because it was not part of the independent investigation, and he said that allowing new allegations would require a new investigation. "If you want to bring in new stuff, then I think we're not following the process," Barber said. Other council members said they would treat questions arising from the newly delivered material as questions for Barber.

The hearing record shows a formal motion to adopt a censure resolution was made; however, the transcript of the meeting does not record a completed vote to adopt the censure resolution or a final adoption of the resolution on May 13, 2025. After debate and rounds of public comment the council moved on to other agenda items; no final adoption of a censure resolution appears in the transcript provided.

Why this matters: a formal censure is a public reprimand and part of the town's ethics and conduct enforcement process. The hearing covered procedural limits on what evidence the council may consider and highlighted tensions between council members, staff concerns about morale and wide public interest in how elected officials use and associate with social media.

The council's next steps were not recorded in the transcript. The town attorney outlined options during the hearing, including admitting directly related material from the recently presented documents or postponing consideration to allow a fresh investigation, but no follow-up motion or schedule for further fact-finding is recorded in the transcript.

Ending: The council left the censure matter on the agenda and proceeded to other business and public comment; the transcript does not show the council adopting a formal censure resolution during the May 13 meeting.