Commissioners vote to pay Ella Scarborough while on leave and appoint interim replacement

CHARLOTTE — A weeklong saga surrounding questions over Mecklenburg County Commissioner Ella Scarborough’s monthslong noninvolvement on the county commission came to a close Tuesday afternoon.

County commissioners approved their colleague’s leave request. They also voted to pay Scarborough while on medical leave and to appoint a temporary replacement to serve in the interim.

[RELATED COVERAGE: County attorney looks into whether someone voted on behalf of Commissioner Scarborough]

As Channel 9 first reported, Scarborough is dealing with serious health and mobility issues, according to her children. Scarborough hasn’t participated in a meeting since October. Emails obtained by Channel 9 show that Scarborough notified Chairman George Dunlap and County Manager Dena Diorio about her medical leave in October and December. No action was taken. On Tuesday afternoon, Dunlap said no action was taken because he was unaware of the state law that dictates how medical leave requests should be handled. The county attorney claimed he wasn’t asked to specifically research this issue.

Medical Leave Request

A law originally passed in the middle of 1941 in the run up to the U.S. entrance into World War II and later revised again in 2007 guided Mecklenburg County commissioners through Scarborough’s medical leave.

GS 128-40 provides a process for Mecklenburg County Commissioners and allows them to appoint a replacement to serve for the duration of Scarborough’s leave. The law was pointed out by Gerry Cohen, a North Carolina General Assembly expert and former legislative director. In 2013, Frayda Bluestein wrote a blog post for the UNC School of Government on the topic.

The law states that county officials granted medical leave by reason of protracted illness may continue to receive the benefits of sick leave. Mecklenburg County commissioners do not get sick leave. But in a 5-3 vote, commissioners voted to continue to pay Scarborough so she continues to receive insurance.

“I believe the community understands we shouldn’t pull the rug out from someone who has the legacy like she has,” Commissioner Mark Jerrell said.

The commissioners in favor of paying Scarborough were Leigh Altman, Pat Cotham, George Dunlap, Mark Jerrell and Vilma Leake.

“I am so dead-set to support a woman who dedicated her life to the community,” Leake said.

Commissioners Laura Meier, Susan Rodriguez-McDowell and Elaine Powell opposed the payment. Meier and Rodriguez-McDowell worried about the precedent of paying a commissioner who is no longer participating in meetings.

“This is taxpayer money,” Meier said. “And, we as a board, have to separate the emotion from the facts.”

“Our focus needs to be on governance and not the individual,” Rodriguez-McDowell said.

Interim Replacement

State law allows the Mecklenburg County Commissioners to appoint a temporary replacement to serve while Scarborough is on medical leave. According to Diorio, Mecklenburg County has sufficient funds in reserves to pay the replacement and Scarborough.

[PAST COVERAGE: Ella Scarborough]

Scarborough’s medical leave request did not say how long she will be out, but some commissioners think her time on the Board is finished.

“I think we all know that she is not coming back,” she said. “Even the fact that she cannot appear before this board to talk to us shows she is never coming back.”

In an interview with Channel 9 last week, Scarborough’s children said she is not resigning in case she feels able to serve again.

Mecklenburg County Commissioners voted 5-3 to appoint a temporary replacement. Voting in favor was Altman, Dunlap, Meier, Susan Rodriguez-McDowell and Elaine Powell. Opposing the measure was Pat Cotham, Leake and Jerrell. Altman was the swing vote. During the meeting, she said she was going to vote against temporarily replacing Scarborough. Altman later said she changed her mind after Dunlap said he heard from “seven or eight” former elected officials who are interested in serving.

“The fact of the matter is, the Mecklenburg County Board of Commissioners is a board of nine, not eight,” Dunlap said.

By next week, county staff members are expected to lay out the criteria and timeline for appointing someone to Scarborough’s seat.

Scarborough’s family reacts

Most Mecklenburg County commission members have not talked to Scarborough or her family. Dunlap, who has had limited contact with Scarborough’s children, said he first heard about their official request for medical leave through Eyewitness News Reporter Joe Bruno’s report. In an unexpected twist, Leake asked for Bruno to address the county commission instead of Dunlap’s “hearsay” of the story. Dunlap ruled her out of order. However, Dunlap’s categorization of the events was correct.

Following the Mecklenburg County Commission’s vote, Troy Scarborough, son of Ella Scarborough, provided Bruno with this statement:

“On behalf of the family we would like to thank all of the constituents of Mecklenburg County and Board of County Commissioners for their vote of support and compassion for their colleague Commissioner Ella Scarborough. We ask that you honor and respect our privacy and please keep us in your continued prayers of healing and restoration.”

(Watch the video below: Chairman Dunlap: Ella Scarborough’s medical leave to be discussed Tuesday)

Chairman Dunlap: Ella Scarborough’s medical leave to be discussed Tuesday

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