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WBTV Investigation raises questions about whether the town followed state law governing leave requests from elected officials

MOORESVILLE, N.C. (WBTV) - Mooresville Mayor Chris Carney had been on a leave of absence from his elected position since Oct. 21, WBTV has learned.

The mayor appeared during the pre-agenda meeting for commissioners Tuesday morning after WBTV started asking questions about his leave request.

The mayor’s leave was announced during a town council meeting, raising questions about whether the town followed state law governing leave requests from elected officials.

A spokesperson for the Town of Mooresville confirmed that Carney “decided to take a medical leave of absence to address current health issues. He will return as soon as he’s able.” Tuesday morning, he appeared at a meeting and said his leave “was abrupt.” He said his father had been in a coma and is likely to pass in the next day or so.

Carney also said his mental health was suffering, and he apologized to another person in the room for a heated argument they previously had. He now says he‘s feeling the best he’s felt and his wife and him are “doing wonderfully.”

North Carolina law outlines a process for an elected municipal official to take a leave of absence. According to the law, Carney would need to file an application and receive “approval” or “consent” from the board.

But according to University of North Carolina - Greensboro professor Hunter Bacot, who studies municipal law and administration, the vague language of the statute leaves a lot of wiggle room for interpretation.

“It is kind of nebulous and open ended because it asks for the ‘consent’ of the board,” Bacot said. “That’s not specified.”

The board never voted on Mayor Carney’s leave during any public session since Carney’s absence.

Bacot said the statute is so ambiguous there are numerous ways the leave could be approved. However, Bacot said good policy for granting leave would be conducting everything in public, including approval of the request.

“I think the intent of the legislation is to have the mayor request to leave of absence due to medical reasons, not have to specify that, and that be presented at a council meeting,” Bacot said. “And the council approve it.”

Mayor Carney’s sudden leave of absence came as a surprise at the commission meeting on Oct. 21. Mayor Pro Tem Eddie Dingler assumed the center seat at the beginning of the meeting and announced, “as you can see, the mayor is not with us tonight.”

Dingler then read a statement announcing Mayor Carney’s leave, indicating the mayor has faced “a number of challenges” over the past few months including the sudden death of a family friend and his father’s placement in hospice care.

There was no follow-up discussion or vote from the board to approve the mayor’s leave. North Carolina statutes prohibit boards from discussing personnel matters involving other elected members in closed session.

After the publication of this story, a town spokesperson emailed WBTV a response claiming the town followed a different set of procedures for the mayor’s leave.

“The statute referenced that utilizes an application to request a leave of absence is one potential method for initiating this process, but not mandatory,” The spokesperson wrote.

“In this case, the Town followed its charter that provides that the Mayor Pro Tempore presides in the Mayor’s absence and the Mayor communicated to the Board that he was taking a leave of absence. Here is the applicable section for reference.”

Sec. 3.3. - Mayor Pro Tempore.

The Board of Commissioners shall choose one of its number to act as Mayor Pro Tempore, and he shall perform the duties of the Mayor in the Mayor’s absence or disability. The Mayor Pro Tempore as such shall have no fixed term of office, but shall serve in such capacity at the pleasure of the remaining members of the Board.

It’s unclear whether Carney received any payment or reimbursement from the town since his leave was made public. Officials on leave are barred by law from receiving their salary during that period unless the leave is “is granted by reason of protracted illness.”

WBTV emailed Mayor Carney, Town Manager Tracey Jerome and Town Attorney Sharon Crawford Monday morning. None of the town officials responded.

Questions WBTV asked about whether Carney was still receiving payment and if the town was following state law governing the absence of an elected official were also not answered.

The last time an elected official’s absence became noteworthy news was in 2022, when the late Ella Scarborough took a leave of absence from the Mecklenburg County Board of Commissioners after she had missed months of meetings. At the time, County Manager Dena Diorio admitted county leadership did not know about the statute that required commissioners to approve Scarborough’s leave request. County commissioners eventually voted to approve the leave and later appoint a different commissioner.

Read the statement on Mayor Chis Carney’s leave of absence read at the Oct. 21 board meeting.

“First of all, I just like to say, Mayor Chris Carney is not here to see you this evening. Over the past several months, he’s faced a number of challenges, including a sudden death of a very close family friend and is, his father’s illness. At this time his dad is actually under hospice care. As we all can imagine, his physical and mental health has suffered a little bit from this. The mayor has decided to take a medical leave of absence to address his current health issues. He is committed to his public service role, but realizes that his health and well-being of his family must come first. Right now. Chris is getting the help he needs from the support of health care team, so they may return as soon as he’s able to, we as the board wish him a speedy recovery and ask that you respect his privacy during this challenging time.”

Copyright 2024 WBTV. All rights reserved.

This comes months after Novant Health originally announced it intended to acquire the Mooresville hospital.

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MOORESVILLE, N.C. — Duke Health announced Wednesday it plans to acquire Lake Norman Regional Medical Center in Mooresville, which would mark the health system's expansion into a new community.

In its announcement, Duke Health said it agreed to acquire LNRMC from Tennessee-based Community Health Systems in the first quarter of 2025. LNRMC includes a 123-bed acute-care hospital and offers 24-hour emergency care, labor and delivery services, cardiology, surgical and orthopedic care, and an outpatient imaging center.

“We recognize the health care landscape is changing,” said Craig Albanese, CEO of Duke University Health System. "While we continue to expand access to care within the communities we serve, it’s also time to do more and deliver care to more people – in more communities. We want to bring access to all that Duke Health has to offer to the Lake Norman community.”

“We know providers and team members are key to the success of any health system,” said Richard Shannon, DUHS senior vice president and chief medical officer. “We are eager to support LNRMC providers and employees in their mission to deliver exceptional care and an exceptional patient experience.”

If approved, the acquisition would be a major expansion for the Duke Health system outside of North Carolina's Triangle region.

Kaufman Hall served as the exclusive financial advisor for the transaction, which remains subject to regulatory approvals and standard closing conditions.

Duke Health's announcement comes roughly six months after Novant Health originally announced it planned to buy LNRMC along with Davis Regional Medical in Statesville. A federal judge greenlit the decision after the Federal Trade Commission had argued the deal would give Novant too much control of the health care market.

However, Business Today NC reported later in June 2024 that Novant abandoned its plans for both Davis Regional and LNRMC after subsidiaries of Community Health Systems said no. A statement Novant shared with the publication also lamented the opposition it faced from the FTC.

Duke Health has promised patients it will maintain the quality of healthcare they already see.

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SOURCE Discovery Point Franchising, Inc