Charlotte City Council has a vacant at-large seat. Here’s how to apply this week.
Charlotte City Council members expect dozens of city residents will clamor to apply for a newly vacant at-large seat, prompted by the sudden resignation of James “Smuggie” Mitchell.
Applications opened Tuesday evening and close next Tuesday, Jan. 26, at 5 p.m., City Attorney Patrick Baker said during a council meeting. Incumbents had pushed for an expedited timeline, saying crucial decisions — including an ambitious regional transit plan backed by a sales tax referendum — will demand council’s attention in the coming weeks.
The eligibility criteria is broad: Mitchell’s successor must be a registered voter and Charlotte resident who’s at least 21 years old. Since Charlotte runs partisan elections, Mitchell’s replacement must be a Democrat, according to Baker.
Applicants must provide demographic information and acknowledge they’ve reviewed the city’s ethics policy, which states council members “should not use their official position for personal gain.” In three open-ended questions, applicants will outline why they are interested in serving on the City Council, their top priorities and the legacy they want to leave.
After a special candidate public forum on Jan. 29, the City Council will vote on appointing the new at-large member on Feb. 1. That’s followed by a swearing-in ceremony on Feb. 2 with the mayor and city clerk, as well as a more formal event Feb. 8, according to Baker.
Council members voted Tuesday to approve the process, but decided to make the Jan. 29 forum optional after council member Larken Egleston expressed concern that some applicants may not be able to make a Friday meeting if they have a full-time job.
Several council members suggested that someone who is appointed would have an unfair advantage if they choose to run for council in the next election. Mayor Pro Tem Julie Eiselt said there should be a “fair and level” playing field for candidates.
Still, others questioned the legality of considering whether or not the applicants wanted to run for council.
“It’s unconstitutional,” said council member Dimple Ajmera. “And it should be up to the residents to decide who gets to serve them, and not City Council members.”
Baker said while City Council can ask whether applicants intend to run, it cannot be an “absolute bar” for being considered.
Conflict of interest questions
Mitchell, a native Charlottean who has spearheaded major economic development projects, announced his resignation Jan. 12, at City Council’s annual budget retreat. His replacement will serve out his term, which ends in December.
Mitchell — also a long-time former District 2 representative in west Charlotte — was recently named president and part-owner of RJ Leeper, a Black-owned general contractor and construction management firm.
But questions about potential conflicts of interest swiftly emerged. At the time, Mitchell said he would recuse himself from City Council business involving RJ Leeper.
But a state law prohibits public officials from deriving a “direct benefit from a contract with the public agency he or she serves.” The law considers owning more than 10% of a company part of such a contract to be a direct benefit.
RJ Leeper is a certified vendor in the city’s Charlotte Business INClusion program, which aims to hire small, women- or minority-owned businesses for city contracts. The construction company is working on several public projects, including the $114.5 million Charlotte Convention Center renovations and the Charlotte Douglas International Airport expansion.
“The opportunity was too great to take a 30-year minority-owned company and continue the legacy,” he said in a press conference last week. “I think I can impact Charlotte in a different way.”
Mitchell said he’d like to see a Black woman selected, and that he has developed a list of five potential candidates. Three of them are Black women, he said.
LaWana Mayfield, a former city council representative for District 3, has already said she is interested in Mitchell’s seat.
