They contend the city violated its code, which in part states, "No ordinance or resolution or section thereof shall be revised or amended except by a new ordinance or resolution containing the entire ordinance, resolution or section as revised or amended and repealing the original ordinance, resolution or section." The part about the decision to fly the flag being an extension of the three-year-old resolution also seems a stretch, at best, to them, as, "There was no remote reference in that resolution to the public display of what is commonly called, 'The Gay Pride Flag or LGBT Pride Flag'' on city property. In their letter, they cited Section 9 of the city's charter, which calls for "all meetings of the council" to be open to the public and council, with citizens given "a reasonable opportunity to be heard at its meeting in regard to matter there under consideration." Mumpower and Nesbitt certainly are not buying the city's explanation. The General Statute does state a city's mayor is recognized as the official head of the city "for all ceremonial purposes." "If, as the city attorney says, it was a matter in the sole discretion of the mayor, then no meeting/vote was necessary," Martin said. Now, the more cynical among us may consider this some all-star derriere covering, but Martin said this all revolves around whether a vote was needed. "Nonetheless, as a courtesy, the mayor did choose to informally check in with other council members, and to make them aware of the flag."Ĭouncil knows they cannot vote on matters via a telephone round robin, Currin said, and they're keenly aware of open meetings laws. "Because the decision to fly the flag was considered to be ceremonial, a vote of City Council was not required," Currin said. The "ceremonial gesture was consistent" with a council resolution passed in Februrary 2011 that endorsed and supported "the rights of same-sex couples to share fully and equally in the familial rights and responsibilities of a civil marriage." "At the time Mayor Manheimer made a decision to fly the Rainbow Flag on City Hall, both she and the City Manager's office considered this to be a ceremonial gesture, which is within the Mayor's authority (according to state law and the city charter)" Currin said. "Given that you are inquiring as to a matter of legality, I would prefer if you route your question to Robin Currin, the city attorney," said Manheimer, herself an attorney.Ĭity Attorney Robin Currin sent me an email response, stating it was Manheimer's decision to fly the flag. So, I asked Manheimer and the other six council members for a response to Martin's assessment and if they had a telephone "round robin" on the flag issue. "If something must be decided by the City Council, it must be decided in an official meeting and that meeting must be open unless it qualifies under one of the specific, narrow exemptions in the law," Martin said.
Press Association, told me that if the move had required a decision of City Council, then the unanimous decision and lack of a meeting would've been a clear violation of open meetings laws, which require public notification of an upcoming meeting and the meeting itself." My answer: I hate myself for saying this twice, but, it depends on who you ask.Ī two-story gay pride rainbow flag emerged on City Hall earlier this month as same-sex couples and advocates waited for a court ruling on gay marriage.Īt the time, Mayor Esther Manheimer told the Citizen-Times that City Council had unanimously approved the action.įormer City Councilman Carl Mumpower and Chad Nesbitt, a former chairman of the Buncombe County GOP, said council violated state open meetings law by not holding a vote during an official public meeting.Īmanda Martin, attorney for the N.C. Question: Several folks asked if Asheville City Council or the mayor violated the law when they decided to fly the gay pride rainbow flag on City Hall earlier this month in celebration of the Supreme Court's decision that essentially legalized gay marriage. Today's burning question gets complicated, so let's get right to it, my smart-aleck answer and the real deal.