Fayetteville’s Ethics Commission has come under scrutiny from residents and local media over allegations of a lack of transparency, consistent dismissal of complaints, and possible conflicts of interest.
Role of the Ethics Commission
The Ethics Commission is a volunteer body that investigates complaints, issues advisory opinions, hears complaints, and publishes findings and recommendations under the city’s ethics policy. It covers city employees, board members and commissioners, and members of the City Council. CityView NC
Members are appointed by the City Council: three from the general public and two required professional seats — one attorney and one certified public accountant. An amendment in 2023 changed how these seats are selected; previously, some were appointed by external entities, but now those appointments are also made by the City Council. CityView NC+1
Recent Complaints and Dismissals
- Over the past five years, seven ethics complaints filed with the Commission have been dismissed. CityView NC
- One of the recent complaints centered on Council Member D.J. Haire, who was accused by Fayetteville resident Leonard Williams of covertly intervening in the attempted demolition of a house Williams purchased, allegedly at the behest of a seller related to Haire. The house was on the city’s demolition list. CityView NC+1
- That complaint was dismissed on June 18, after two closed-door Commission meetings and without a public hearing. CityView NC
Transparency Concerns
- Complainants have expressed frustration over the confidentiality of processes. For example, the Commission does not release recordings of its closed sessions in certain cases, and does not always provide detailed explanations of why complaints are dismissed. CityView NC
- Public records obtained show difficulty in accessing documentation related to dismissed cases. Media law experts have questioned whether some material should be released once the matter is over. CityView NC
Conflict of Interest Issue
- One member of the Commission, Dymond Spain, is alleged to have violated the municipal code’s restrictions on commission members engaging in city election political activities. Spain reportedly made a campaign contribution to Mayor Mitch Colvin’s campaign on August 3, 2021, several months after being appointed in April 2021. CityView NC
- The city’s ordinance prohibits Ethics Commission members from making campaign contributions to city candidates while serving. Violations are supposed to lead to removal from board membership. CityView NC
Response from Officials
- The Commission’s legal counsel, Bob Cogswell, stated in public records that the recent complaint against Haire “failed to fall within the purview of the commission” because the allegations did not amount to a violation of the code. CityView NC
- Mayor Mitch Colvin, who has been named in ethics complaints, has defended the Ethics Commission’s process, saying that unfavorable outcomes do not mean the system is flawed. CityView NC
Issues Under Consideration
- An amendment is set to be discussed by the City Council that would change the Ethics Commission’s membership rules: adding a third member from the general public, and removing one member currently selected from local colleges (Fayetteville State University, Methodist University, or Fayetteville Technical Community College). CityView NC
- Residents and complainants have urged the City Council to clarify the rules and ensure more transparency in decision-making and public access. CityView NC