Apex Town Council Dispute Highlights Tensions Over Rules, Precedent, and Authority

Discord leaves many wondering whether the Mayor overstepped or whether the Council applied rules selectively.

Apex, NC, Sep. 20, 2025 — Apex Town Council’s September 9th meeting began with routine business and ended with a dispute over parliamentary rules, mayoral authority, and the proper process for board appointments. The discord has left residents wondering whether the Mayor overstepped or whether the Council applied rules selectively.

The Flashpoint: Board of Adjustment Appointments

Mayor Jacques Gilbert nominated Dr. Tracy Taylor and Robert Carmac for reappointment to the Board of Adjustment. He presented the two together as a slate:

“This is the complete recommendation I have for tonight. If the slate is not approved, I will have no other names to recommend at this meeting.”

Councilmember Brett Gantt then moved to separate the nominees for individual consideration. Gilbert ruled the motion out of order, arguing that under Robert’s Rules of Order, amendments such as striking a name are only allowed once a motion on the full slate is on the floor.

Councilmember Terry Mahaffey cited the Apex Town Code (§2-35) (link), which permits dividing motions that contain multiple propositions. The Council then voted to suspend the rules, enabling the nominations to be considered individually.

At that point, Gilbert withdrew his recommendation and declared repeatedly during the meeting:

“We are in recess. I have declared a recess as the mayor of this town council and chair of this board.”

When the town attorney was asked to weigh in, she reminded the chamber:

“Declaring a recess? You can’t declare a recess. You can ask unanimous consent to declare a recess, but you can’t declare a recess.”

Gilbert stated again:

“We are in recess. So we are in recess. I’m gonna repeat my motion… We are in recess. I’ll second that. We’re in recess.”

Council members, however, continued with business, making and seconding motions despite the Mayor’s repeated objections. Gilbert later left the chamber before the closed session.

Note: Watch the Council’s board of adjustments conversation on the town’s YouTube channel (video 1), (video2)

Mayor’s Position

Gilbert argued that the Council applied rules selectively, allowing suspension to divide his slate but denying his call for recess. He said that in six years of service, his recess calls had never been challenged, and that refusing this one was unfair and unprecedented. He also described the suspension of rules for a routine reappointment as a “dangerous precedent.”

Council’s Position

The Council’s official response insisted its actions were consistent with Robert’s Rules and Apex tradition. “Councilmember Brett Gantt moved to separate the recommendations, allowing an individual vote on each. This motion aligned with Robert’s Rules of Order and longstanding Council practice,” the statement read.

Councilmembers emphasized that their decision to proceed was not an effort to strip the Mayor of authority. Instead, they said, the Mayor chose to leave the chamber. “Our rules and process are not subject to the desires of any individual. They apply to and are formed by the collective for the people of Apex,” the letter stated.

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Explainer: What Does “Suspending the Rules” Mean?

• Robert’s Rules allow a council to set aside its routine procedures temporarily by a two-thirds vote.

• It cannot override state law or the town charter, but it can bypass customs or procedural steps.

• On Sept. 9th, suspending the rules allowed the Council to treat two nominees as separate questions instead of one slate.

• This was in order under Robert’s Rules and consistent with Apex’s charter. The controversy stems less from legality than from optics: why the Council embraced flexibility here but denied the Mayor’s attempt to call a recess.

Explainer: How a Recess Works in Council Meetings

• What Robert’s Rules Say: A recess is a privileged motion — it takes precedence over most other business but still requires a second and a majority vote by the Council.

• Who Can Call It: The Mayor, as presiding officer, can suggest or entertain a recess, but cannot unilaterally declare one unless the Council consents.

• How It Usually Worked in Apex: In past meetings, mayors often asked if there was unanimous consent to recess. If no member objected, the meeting paused.

• What Happened on Sept. 9th: Mayor Gilbert declared a recess without seeking consent. Council members continued business, and the town attorney confirmed the Council could proceed.

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What State Law Says

North Carolina General Statute §160D-302 (link) gives local governing boards, not mayors, authority to appoint members of boards of adjustment. The law is clear that appointments belong to the Council as a whole.

In Apex, the Mayor has historically played a role in recommending appointees, but that is a local custom. Published Rules of Procedures (link) for the board of adjustment are clear; the mayor recommends candidates, and the council, by vote, appoints members. By contrast, many nearby towns do not involve the Mayor at all in appointments.

Another wrinkle: the Board of Adjustment seat in question had already expired nine months earlier, in December 2024. That long delay heightened the need for Council action.

Larger Implications

Both sides point to Robert’s Rules and precedent, but from different angles. The Mayor frames Council’s actions as selective enforcement that undermines fairness. Council members argue it was the Mayor who broke with tradition by attempting to block their business with an unauthorized recess and by insisting that his nominations be voted on only as a slate.

State law clarifies that the Council has the final authority on appointments, and Apex’s unique practice of mayoral recommendations has now become a flashpoint. For residents, the deeper issue may be whether Apex will adhere strictly to parliamentary formality and state statute, or continue to allow local customs and mayoral discretion to shape its proceedings.