HAMLET — One municipality will have one less open seat for the upcoming municipal election than previously thought.
Abbie Covington will be able to finish out the term for the Hamlet City Council seat to which she was appointed, according to city leaders.
In a May 9 memorandum from T.C. Morphis and Brady Herman, who represent the city of Hamlet, to City Manager Matthew Christian, the attorneys say the council has the discretion to choose how long a replacement serves.
According to the attorneys, the city’s 1969 charter states that “any vacancy in the office of Councilman after election and qualification…the remaining members of the Council shall elect some person to serve the unexpired term[.]”
However, they added, the General Assembly in 1983 amended the state statute regarding council vacancies to require that the replacement only serves until the next city election.
“In North Carolina, the general rule is that municipal charter provisions enacted before 1972 supersede any subsequently adopted municipal statutes unless the General Assembly “clearly show[s] a legislative intent to repeal or supersede all local acts,” the attorneys said.
“Therefore, the City Council has the discretion to decide whether to follow the City Charter or (state statute),” the attorneys said. “Regardless of which method the Council chooses, we recommend that it also adopt a formal policy to ensure that it acts in a consistent manner in the future.”
The council adopted a resolution earlier this month allowing those filling vacancies to serve the remainder of the unexpired term.
Covington was first elected to the City Council in the early 1970s and served as mayor for a decade during the late ‘80s and ‘90s. Following her tenure as mayor, she returned to the council until 2013.
Last year, Covington was appointed to fill the vacancy left following Terry Moore’s resignation.
Moore, former Hamlet police chief, won the seat in November of 2019, but resigned Feb. 12, 2020 after being censured by the council for an ethics violation after he reportedly obtained 17 personnel documents from “an external agency” that weren’t considered public records.
Filing begins at noon on Friday for municipal elections.
The seats in Hamlet up for grabs are currently held by Mayor Bill Bayless and Councilmen Eddie Martin and Jesse McQueen.
Filing fees are $30 for mayor and $10 for council.
The deadline to file for any of the municipal offices across the county is noon July 16.
