Whitener breaks tie vote to censure Fitts

athan Fitts and threats to Fitts of physical harm from Councilman Mike Panter were addressed during Blue Ridge City Council’s regular meeting Tuesday, February 9.

Ultimately, a vote was taken, which approved the censure of Fitts; Council Members Rhonda Haight and Harold Herndon voted no, with Councilwoman Robbie Cornelius, Panter and, breaking the tie, Mayor Donna Whitener approving.

Introducing the censure, Panter explained that he’s been involved with many sports teams, groups and organizations of which would never allow the type of behavior that’s been displayed.

Panter noted with his motion to censure Fitts that it is a result of Fitts’ “continuous inappropriate conduct, unfounded accusations and the creation of a hostile work environment for the employees, council members and the mayor of the City of Blue Ridge.”

Explaining the censure, Panter read a response from Balli which said, “My understanding of a censure is basically a written statement contending that some act by another official was improper or unforward. My understanding of a censure also is that it does not impose any punishment or attempt to take any official action ... The censure proposed tonight does attempt to impose punishment or take any action to recuse or limit Nathan’s elected authority, and Nathan is entitled to notice and the opportunity to be heard with council, obviously by majority vote.”

Before the vote, Haight questioned Panter’s motives and accused him of acting rudely.

Fitts alleged that city employees told Haight that Fitts’ behavior has not affected them, and that Panter was involving them.

“That was said to me today by Barbie, Barbie Gerald,” Haight said. “Christina Mortimer was in there. She heard Barbie say it, and also Becky Harkins said that they don’t want any part of this, that no one in the city, in the City Hall, has felt like they’re being harassed.”

Prior to the censure, Fitts was unanimously approved to amend the agenda in order to read prepared statements from his personal attorney, David Syfan, and of himself.

“Councilman Panter has made a criminal threat to do physical harm to me to Ms. Haight, which we have a written affidavit, and it’s been reported to law authorities,” Fitts said.

“I first want to say how disappointed I am that an elected official would go to the lengths of violating federal and state laws to stop me from telling the truth in public meetings. I was elected to uphold the city charter and hold others accountable to do the same, so it is Council Member Panter and every other elected officials’ right to do the same. Unfortunately, there’s only a couple of members that seem to be concerned about the mismanagement of the state and local laws violated.”

Syfan’s letter explained that Panter’s proposition of the censure is “invalid” as Fitts’ behavior was in an attempt to right the city’s previous wrong doings, a majority vote would be required for his removal of office, a written statement outlining Fitts’ acts and a public hearing was necessary, among other conditions, in order to legally reprimand Fitts.

Syfan referenced the United States Constitution’s First Amendment for the freedom of speech.

The comments come in lieu of Panter’s threat.

Fitts went on to allege that Panter tried to strip Fitts of his rights and accused Panter of violating local and state laws as a means of “his and the mayor’s reelection plan.”

In continuing, Fitts said, “Council Member Panter has failed to do his elected duty, and he is actually the one who violated state and local laws by attempting to try and violate my rights. In doing so, he has put this city in jeopardy and legal liability by threatening other elected officials using intimidation and threatening tactics in effort to get them to vote the way he wants them to.”

Fitts also noted that Panter’s proposal of changes to the meeting procedures hinder public participation and called for his resignation for office.

“His actions are a liability to the city, and his resignation can be warranted before he ends up costing the city possibly hundreds of thousands of dollars in lawsuits,” Fitts said.

Admitting that he has acted inappropriately during council meetings, he said, “Every other council member sitting in them has been equally guilty, if not more for not attempting to say something like, ‘Hey, why don’t we investigate this matter brought up,’ and then we can put an end to it. Any council member deserves at least the respect for the members to investigate what he says.”