Political battles stir distruct in tiny town as election looms

Rhodhiss struggles to rebound from turmoil

Sunday, Nov. 4, 2007

By Marcie Young
Charlotte Observer Staff Writer

In the town of Rhodhiss - a tiny community straddling two Western North Carolina counties - years of political troubles have created an atmosphere of distrust during a contentious election.

The squabbles and problems in this town of about 1,000 people have peaked in recent months. In just the last year:

A longtime public works supervisor - who also is a town commissioner - was fired, charged with felony embezzlement and later cleared of the charges by the district attorney's office.

The town manager who fired him was herself fired, and has sued the town. Town Hall closed for a month, and a new manager was hired.

The mayor abruptly resigned and is being investigated by state law enforcement for matters not related to town business.

A commissioner took the open mayor's seat, and the council appointed someone to fill his spot.

Now, as Rhodhiss prepares for Tuesday's election, eight challengers and sitting commissioner Barbara Kirby are campaigning against three incumbents - interim Mayor Rick Justice and commissioners Joe Kirby and Wayne Wilson.

"If you're elected into a position, you need to do what is best for the town," said Barbara Kirby, who was elected four years ago and calls the other commissioners and mayor "an old boy's club."
"All this fighting is doing nothing for the town and the people have had enough," she said.
But Justice, a former commissioner who took over as mayor in May, said the problems are in the past. "It doesn't have anything to do with today, and that's what we're concentrating on," he said.

Town commissioner Clarence Burns, who is also the fired public works supervisor, is in the middle of a four-year term and is the only commissioner not at risk of losing his seat.

The most recent string of problems surrounds the February firing of former Town Manager Rose Waldroup. Until then, Waldroup appeared to be doing well in her job and three months earlier had received a raise - unanimously approved by the council.

The controversy began in June 2006, when she asked Police Chief Tim Anthony to investigate allegations that Burns, in his role as public works supervisor, was collecting scrap metal from town streets using Rhodhiss employees and equipment, exchanging it for cash and pocketing the money.

Burns was eventually charged, but the charges were later dropped.

Burns could not be reached for comment - several messages left at his home, including one with a woman who identified herself as his wife, were not returned.

In October, Waldroup fired Burns, later questioning his job performance.

Three months later, the council voted to fire Waldroup, who had worked only 18 months out of a 10-year contract.

In response, she filed a lawsuit against the town, then-mayor Jimmy Wilson, Justice and Burns in March, saying she was fired because she had discovered possible illegal conduct by elected officials.

The suit claims Waldroup was improperly fired and that the town officials breached her contract, violated her First Amendment rights, defamed her and intentionally and negligently inflicted emotional distress.

Waldroup could not be reached for comment.

But her firing sparked controversy, and residents - in online forums, at town meetings and privately - say that the bickering between commissioners and the mayor has left an atmosphere of distrust.

The meeting held a month after Waldroup's firing drew 47 people, most of whom voiced "concerns about the termination of the manager, duties of elected officials, lack of unity among commissioners, pros and cons of employees having a contract and general concerns about the needs of the citizens not being met because of the circumstances," according to a record of the meeting.

Some, including Gary Rash, say the controversy encouraged him to run for the council.

"The commissioners have had their way too long in this town and act like it's their town to run without regard to how the citizens feel," he said. "People turned against each other, and hardly anybody trusts our government anymore."

Though commissioners talked about rehiring Waldroup - but altering her responsibilities and revoking her right to hire and fire employees without the council's approval - Kirby said no such offer was ever extended.

Justice declined to comment on the allegations in the suit, and Jimmy Wilson refused to comment on anything related to Rhodhiss or his time as mayor.

But Justice and Wayne Wilson - Jimmy's brother - say the deluge of controversy is in the past.
"I see that the people have confidence in this board," Justice said. "People have seen a change in town and have seen people trying (to do better)."

Though they say meetings - which were for months marred with arguments between commissioners and often resulted in profanities and personal attacks - are improving, some residents aren't so sure.

The instability and controversy in Town Hall, said Don Lowman, who is running for mayor, have left a deep rift that could only be repaired by a new council with fresh ideas and no baggage.

"I'm sick of the bickering and going to town meetings that might as well be (the World Wrestling Federation)," he said. "I'm sick of seeing government officials being arrested and sick of watching the street fall in."

Wayne Wilson, who was elected to the council four years ago and walked out of the Feb. 13 meeting before the commissioners voted to fire Waldroup, said he's certain that the town is healing. The council, he said, has been making plans to revamp the sewer system, build a new park and clean up the community overall.

"We're coming together," Wilson said. "I just hope I get re-elected and get this place straightened up. I want to see this town improve and grow and prosper. I love this town to death."

Now, he said, the commissioners need to make sure they are open and honest. It's clear, he said, that residents don't trust the council, and he hopes that will change.

"I hope they trust me," he said. "I don't want to hide things. If something has happened and someone is being charged or is being investigated, we need to be up front."


A history of instability in Rhodhiss
July 2003 - Mayor Doug Cowick unexpectedly resigns after an argument with commissioners about who holds keys to Town Hall. He changes his mind the next day but doesn't get the job back and, in November, loses the election to political newcomer Jimmy Wilson.

January 2004 - The town's accountant, Marvin Harold Witherspoon of Hickory, and former part-time Rhodhiss clerk David Hollar are charged by the federal government with inducing minors to participate in filming of sexual activity. Both men plead guilty to federal charges.

July 2004 - Commissioner Allen Spencer, town clerk Julie Trivette and Frannie Thompson resign because of controversy on the council.

May 2005 - Police Chief Terry Campbell abruptly resigns.

July 1, 2005 - Rose Waldroup begins job as Rhodhiss town manager. She signs a 10-year contract requiring that she can only be fired by a unanimous vote of the commissioners.

June 2006 - Waldroup asks for an investigation into allegations that commissioner Clarence Burns had been exchanging scrap metal for cash.

Sept. 14, 2006 - Board unanimously approves raise for Waldroup.

October 2006 - Burns fired as public works supervisor.

Feb. 13, 2007 - Waldroup is fired from town manager job by a 3-to-1 vote. Commissioner Barbara Kirby votes against the firing, and Commissioner Wayne Wilson leaves the meeting early and is not present for the vote. According to state law, his vote counts as a yes.

February - March 2007 Town offices close for about a month because there is no administrative staff.

Feb. 21 - Burns is charged by the N.C. Department of Justice with felony embezzlement by a public officer and misdemeanor willful failure to discharge duties as a town employee.

March 13 - Town Attorney Wayne Clontz dismissed; Jonathan Jones hired.

March 22 - Waldroup files civil suit against the town, former Mayor Jimmy Wilson, Burns and commissioner Rick Justice over her firing, saying she was dismissed because she had discovered possible illegal conduct by elected officials.

April 20 - District attorney's office dismisses the misdemeanor willful failure to discharge duties as a town employee charges against Burns.

May 8 - Mayor Wilson abruptly resigns, citing family problems.

May 9 - District attorney's office finds no evidence or probable cause on Burns' felony embezzlement charges and drops the charges

June 4 - The defendants in Waldroup's suit deny she was fired because she discovered possible illegal activity by elected officials.

October - SBI Public Information Officer Noelle Talley confirms investigation into former Mayor Wilson. His older brother, commissioner Wayne Wilson, says the investigation is not related to town business.


The candidates
For mayor
George Clarke
Rick Justice, interim mayor
Don E. Lowman Jr.

For town commissioner
Dean Isenhour
Barbara C. Kirby (i)
Joe C. Kirby, interim commissioner
William Allen Spencer Sr.

For town commissioner (unexpired term ending in 2009)
Gary Rash
Wayne D. Wilson Jr. (i)

Campaigning for town commissioner as write-in candidates
Larry Bowman, David Hylton and Robert Turner


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