By Karissa Minn
kminn@salisburypost.com
SALISBURY — County commissioners’ first meeting since Jon Barber entered a rehabilitation program began with a closed session about how to handle his absence and recent behavior.
When the Rowan County Board of Commissioners resumed its open session, Chairman Chad Mitchell read an email Barber sent May 13 saying he has been admitted into a long-term inpatient treatment program.
“I will be unable to attend the Board of Commissioners meetings until I am released and well,” Barber wrote. “I plan to continue serving the citizens of Rowan County.”
Barber was charged May 8 with driving while impaired and failing to maintain lane control after authorities said he crashed his car into a ditch and failed a field sobriety test.
“During the closed session, I asked our attorney to brief us on our potential options,” Mitchell said. “There’s a lot of public speculation about what this board should do and can do.”
County Attorney Jay Dees said the board can do nothing, formally censure Barber or issue a less severe statement.
“The board does not have the authority to remove Commissioner Barber from his seat,” Dees said. “You could consider instituting a censure proceeding, but one key element of that is the member must be present and able to defend himself against the allegation of a violation of your ethics policy.”
He said censure is the strongest action the board can take, but in his opinion it’s “not a very healthy exercise.” The accused member is given the opportunity during a public hearing to be represented by an attorney, who can examine and cross-examine witnesses.
“A third option would be a declaration of your consensus on the board — either that you are requesting he resign or publicly a making statement that this board does not condone the behavior that’s been reported in the Salisbury Post,” Dees said.
He said he will study county policy about taking a leave of absence for health reasons and report back to commissioners. Dees said this may be hard without knowing how long Barber plans to be away or how many meetings he will miss.
Barber’s availability is a concern as the board starts working on the county’s proposed budget next month. Any motion that fails to get three votes dies for lack of a majority, which is a more likely outcome without a fifth member to break a 2-2 tie.
“I don’t know what type of program this is,” Dees said. “I don’t know whether there are release options for short extended periods of time that he could be present for a meeting.”
He said he will try to get answers for commissioners by their next meeting. He also said he would look into the possibility of Barber participating in a meeting without being present, such as through a conference call.
This month’s drunken driving charge is Barber’s second. He pleaded guilty to the first in 2008.
Last May, he admitted to a battle with alcoholism after resigning from his teaching job amid allegations he was drunk in a classroom full of students. He has refused to address those allegations. Former District Attorney Bill Kenerly considered charges, but he said there were no criminal violations involving students and that Barber could not be “successfully prosecuted” for other crimes based on blood-alcohol tests.
Authorities also recently acknowledged the SBI is investigating Barber as a suspect in the April 10 theft of a $2.99 bottle of wine from the Rushco store at 601 W. Jake Alexander Blvd.