Henderson City Council declines immediate re-vote on Mayor Pro Tem after legal review, then holds closed session

The Henderson City Council on May 22, 2025, discussed whether to re-open the February 10 vote on the Mayor Pro Tem but concluded it could not add a re-vote to the Special Called Meeting agenda after receiving legal guidance. Mayor Melissa Elliott presided over the special called budget session, which convened at 5:03 p.m. at the R. G. “Chick” Young, Jr. Council Chambers.

Councilmember Tami Walker addressed concerns about the February 10 procedure, saying the meeting had a quorum and that the procedure followed was legal and proper, but she asked the council to consider a re-vote to ensure the integrity of the process and to emphasize civility and transparency. Councilmember Lamont Noel acknowledged he had misinterpreted the statute in question, saying the statute applies only to special called meetings and not to regular meetings; he said he did not intend to nullify the February vote but sought discussion because he felt it was inappropriate given the absence of key members and the City Charter expectation that items be added to the agenda before discussion.

Mayor Melissa Elliott defended the legality of the February session and noted the City Attorney was present to advise the council. City Manager and City Attorney Hassan T. Kingsberry said he had checked with the School of Government and confirmed the votes at both the February 10 and May 10 meetings were legal and proper, though he acknowledged that parts of the earlier statutory rationale were incorrect. Following that guidance, the council concluded that a re-vote could not be placed on the agenda for this Special Called Meeting without all councilmembers present.

During the meeting the council moved into closed session. Councilmember Tami Walker moved to convene in closed session under North Carolina statutes G.S. § 143-318.11(a)(3) (attorney-client privilege) and G.S. § 143-318.11(a)(1) (to prevent disclosure of information); Councilmember Garry D. Daeke seconded the motion and it was approved unanimously by those present. Later, Councilmember Sam Seifert moved and Councilmember Michael Venable seconded a motion to return to open session; that motion was also approved unanimously.

The meeting adjourned at 6:16 p.m. No formal re-vote on the Mayor Pro Tem took place during this session and the council did not schedule a re-vote for a later date during the meeting record.