Charlotte council member lost primary. Is application for new transit board allowed?
AI-generated summary reviewed by our newsroom.
- Councilmember Marjorie Molina applied for a new transit board.
- State law bars sitting officials. Her term ends Dec. 1, but appointments due Nov. 24.
- Council split on optics and recusal; interim attorney found no conflict yet.
A Charlotte city councilwoman wants to serve on a countywide board she could help appoint, raising conflict of interest questions among her peers.
Marjorie Molina, who represents east Charlotte’s District 5, told council members at a meeting on Monday she submitted an application for the board of trustees that would oversee the new Metropolitan Public Transportation Authority. A full list of applicants who’ve applied so far hasn’t been publicly released. The authority also will only materialize if voters approve a proposed 1% transportation tax referendum this November.
State law prohibits sitting elected officials from serving on the board.
Molina said her knowledge would benefit the board because she is the vice chair of the transportation, planning and development committee. But several council members worried about optics, with Councilwoman Tiawana Brown calling her application “a red flag.”
“There’s been a lot of confusion at this dais right now, and so I can understand why some people are saying no, and me being one of them,” Brown said.
Is it a conflict of interest if Molina serves on the transportation board?
A conflict presents itself if a council member has a financial interest in the outcome of a decision, Interim City Attorney Anthony Fox told council on Monday. He didn’t see Molina’s application as a conflict of interest “at this point,” he said.
Molina called the role a volunteer position without financial benefit. However, Fox later noted state law does not prohibit board members from setting compensation for themselves.
Elected officials by law cannot serve “concurrently” on the board. That’s relevant to this situation, too, Fox said. Molina lost reelection to J.D. Mazuera Arias and will leave office before the authority would take effect.
“It depends on timing and whether or not the member is still an elected official,” Fox said.
Still, Molina’s tenure overlaps with the council’s deadline to make transportation board appointments. Her last day is Dec. 1, and appointments are due Nov. 24.
Molina said her colleagues brought valid concerns and pledged to recuse herself from the vote if she was still in consideration. She is weighing whether to withdraw her application.
“It’s a risk for me,” Molina said. “I risk losing my voice to offer my information, and I risk being a part of the process.”
Council members had mixed opinions— some encouraging Molina to join in the vote and others supporting a decision to step aside.
Ed Driggs, who chairs the committee on transportation, said he “wouldn’t be offended” if Molina retained her vote. Driggs thought the issue did not rise to the level of a conflict of interest, he said.
Councilwoman Renee Perkins Johnson said she would support Molina’s decision to excuse herself over the potential for negative public perception.
How will the transportation board be appointed?
Gov. Josh Stein signed the PAVE Act in June, allowing Mecklenburg County to place the referendum on ballots. If passed, it would overhaul the region’s transportation system and raise an estimated $20 billion over the next 30 years.
Under the PAVE Act, the referendum would establish an independent transit authority with a 27-member board to make transportation decisions. Members will serve for four years, though the inaugural board will include some two-year appointments so terms are staggered.
The city is responsible for appointing 12 of those members: the mayor chooses two people, the Charlotte Business Alliance recommends two people, Foundation for the Carolinas recommends one member and the city council chooses seven appointees.
A work group consisting of three council members will lead candidate interviews, then bring recommendations or summaries to the full council to consider and vote on. The exact interview process with the work group has not been finalized.
Molina said she would “have to recuse (herself)” from voting over perceived conflict if she makes it to the interview stage.
“In other words, I can’t vote for myself,” Molina said.
