I mentioned the mayor's role in voting in a recent post. I have been doing some research on the topic.
I can found the following on the topic is the following from the town charter:
Sec. 2.3. Mayor; Term of Office; Duties.
The mayor shall be elected by all the qualified voters of the Town for a term of two (2) years or until his or her successor is elected and qualified. The Mayor shall be the official head of the Town government and preside at meetings of the Council, shall have the right to vote on all matters before the Council, and shall exercise the powers and duties conferred by law or as directed by the Council.
I have not found any more powers and duties conferred by law or as directed by the council yet. I did find a few things in the N.C. general statutes.
160A‑1. Application and meaning of terms.
(6)"Mayor" means the chief executive officer of a city by whatever title known.
160A 67. General powers of mayor and council.
Except as otherwise provided by law, the government and general management of the city shall be vested in the council. The powers and duties of the mayor shall be such as are conferred upon him by law, together with such other powers and duties as may be conferred upon him by the council pursuant to law. The mayor shall be recognized as the official head of the city for the purpose of service of civil process, and for all ceremonial purposes. (1971, c. 698, s. 1.)
NOW, HERE IS WHERE I SEE A PROBLEM:
160A 69. Mayor to preside over council.
The mayor shall preside at all council meetings, but shall have the right to vote only when there are equal numbers of votes in the affirmative and in the negative. In a city where the mayor is elected by the council from among its membership, and the city charter makes no provision as to the right of the mayor to vote, he shall have the right to vote as a council member on all matters before the council, but shall have no right to break a tie vote in which he participated. (1971, c. 698, s. 1; 1979, 2nd Sess., c. 1247, s. 3.)
Since Selma does not elect the mayor from amongst its members, Selma's mayor is NOT allowed to vote unless there is a tie. Mr. Hester has been voting anyway, even when there is not a tie. Granted, the recent vote on the closing of the courthouse would be an instance in which the mayor is allowed to vote, having been 2 aye, 2 nay. However, Mr. Hester was voting BEFORE the split decision and therefore voting illegally in that vote as well as on other issues.
I can find NOTHING on the mayor having any power to introduce motions for consideration. If that is the case, then some of the recent council actions, specifically the closing of the courthouse, are illegal.