Skip to content

Storyline

Herzenberg’s tax case, the recall law and two resignations, 1992–1993

How the Chapel Hill Town Council changed in 1992 and 1993: Joe Herzenberg’s guilty plea for failing to file state taxes and the council’s censure, Art Werner’s election as mayor pro tem, Roosevelt Wilkerson’s resignation over a letter signed with the mayor’s name, Barbara Powell’s appointment and Herzenberg’s resignation.

In August 1992 council member and mayor pro tem Joe Herzenberg pleaded guilty to willful failure to file state taxes; the council censured him and urged him to resign, and he gave up the pro tem post but kept his seat until September 1993, resigning while the county verified petitions to recall him under a local act the legislature passed that July. In September Roosevelt Wilkerson resigned over a letter sent on the mayor's letterhead with Ken Broun's signature, and the council appointed Barbara Powell in his place.

Read the full storyRead the 11 eventsAll storylines

Read the events and sources below.

No works in the index are currently linked directly to this storyline. The works below provide background on Politics & Government.

The full story

On August 10, 1992 Chapel Hill Town Council member and mayor pro tem Joe Herzenberg pleaded guilty to two counts of willful failure to file state taxes, for $800 in 1989 income tax and $600 in 1990 intangibles tax. He received a six-month suspended sentence, a $500 fine and five years of unsupervised probation and was ordered to pay the back taxes; state revenue officials said he had not filed an income tax return since 1978. On August 24 the council adopted a resolution drafted by Mayor Ken Broun and Art Werner censuring Herzenberg and saying it was in the town's interest that he resign. Herzenberg gave up the post of mayor pro tem that afternoon, apologized to the council and residents and said he would not resign, telling them his voters should decide.

On September 14 the council unanimously elected Werner mayor pro tem to serve until December 1993. The same day Roosevelt Wilkerson, a two-term council member and the council's only Black member, resigned after the town attorney reported that a letter on the mayor's letterhead bearing Broun's signature, sent without Broun's knowledge, had been faxed on July 20 to United Church Homes in support of a 40-unit elderly housing project tied to his church, New Covenant Christian Church. The Daily Tar Heel reported that Wilkerson admitted signing Broun's name; the district attorney said he saw no basis for prosecution. On October 28 the council unanimously appointed Barbara Powell, a Chapel Hill native, to Wilkerson's seat; council members had said they wanted to restore a Black member.

In 1993 both towns sought the power to recall elected officials. On February 2 the Carrboro Board of Aldermen took up a charter amendment like Chapel Hill's, and on March 1 the Chapel Hill council voted unanimously to ask the General Assembly for a recall amendment; at Mark Chilton's urging it barred recall votes from early July to late August, when many students are away, and allowed no more than one petition against an official every six months. The legislature ratified the local act for both towns on July 16. Within a month a Chapel Hill resident began circulating petitions to recall Herzenberg, and on September 16 he delivered 2,694 signatures to the Orange County Board of Elections; at least 2,211 valid signatures were needed, and the board had verified about 1,956 when Herzenberg resigned a week later. On October 25 the council nominated all 11 residents who applied for the seat, planning to appoint on November 8 the nonincumbent who drew the most votes in the November 2 election to serve until the new council was sworn in on December 7. By November Lambda had thanked Herzenberg on its front page and said he would go on working for gay civil rights.

In the chronology

Events in this storyline, in date order. See these 11 dated events in the chronology →

  1. Council member Joe Herzenberg pleads guilty to failing to file state taxes On August 10, 1992, Chapel Hill Town Council member and mayor pro tem Joe Herzenberg pleaded guilty to two counts of willful failure to file state taxes, for $800 in 1989 income tax and $600 in 1990 intangibles tax. He received a six-month suspended sentence, a $500 fine and five years of unsupervised probation and was ordered to pay the back taxes; state revenue officials said he had not filed an income tax return since 1978. Place: Orange County · Also named: Joe HerzenbergSearch the index · The Daily Tar Heel, August 24, 1992, p. 1
  2. Chapel Hill Town Council censures Joe Herzenberg and urges him to resign On August 24, 1992, the Chapel Hill Town Council adopted a resolution drafted by Mayor Ken Broun and Art Werner censuring council member Joe Herzenberg for failing to pay state taxes and saying it was in the town's interest that he resign. Herzenberg gave up the post of mayor pro tem that afternoon, apologized to the council and residents and said he would not resign, telling them his voters should decide. People: Mark Chilton Place: Town Hall, Chapel Hill · Also named: Joe Herzenberg, Ken Broun, Art WernerSearch the index · The Daily Tar Heel, August 26, 1992, p. 1
  3. Chapel Hill Town Council elects Art Werner mayor pro tem At its September 14, 1992, meeting the Chapel Hill Town Council unanimously elected council member Art Werner mayor pro tempore, on Julie Andresen's nomination, to serve until December 1993. The post had been left open when Joe Herzenberg gave it up after pleading guilty in August to willful failure to pay state income taxes. Place: Town Hall, Chapel Hill · Also named: Art Werner, Julie Andresen, Joe HerzenbergSearch the index · The Daily Tar Heel, September 15, 1992, p. 1
  4. Roosevelt Wilkerson resigns from the Chapel Hill Town Council Roosevelt Wilkerson, a two-term council member, pastor of New Covenant Christian Church and the council's only Black member, resigned on September 14, 1992, after the town attorney reported that a letter on the mayor's letterhead bearing Mayor Ken Broun's signature, sent without Broun's knowledge, had been faxed on July 20 to United Church Homes in support of a 40-unit elderly housing project tied to the church at Smith Level and Culbreth roads. The Daily Tar Heel reported that Wilkerson admitted signing Broun's name; the district attorney said he saw no basis for prosecution, and the council set October 5 as the deadline for applicants to fill the seat. Place: Town Hall, Chapel Hill · Also named: Roosevelt Wilkerson, Ken BrounSearch the index · The Daily Tar Heel, September 15, 1992, p. 1
  5. Chapel Hill Town Council appoints Barbara Powell to its vacant seat The Chapel Hill Town Council unanimously appointed Barbara Powell on October 28, 1992, to the seat left by Roosevelt Wilkerson, who resigned in September after admitting he had falsified the mayor's signature on a town document. Council members had said they wanted to restore a Black member; Powell, a Chapel Hill native, named affordable housing her priority. Place: Chapel Hill Town Hall, Chapel Hill · Also named: Barbara Powell, Roosevelt WilkersonSearch the index · The Daily Tar Heel, October 29, 1992, p. 1
  6. Carrboro aldermen take up a charter amendment allowing the recall of elected officials On February 2, 1993, the Carrboro Board of Aldermen considered a charter amendment like Chapel Hill's to let voters recall elected officials, and Town Attorney Michael Brough said he would draft a bill for a public hearing before the mid-March deadline for local bills. People: Jacquelyn Gist, Hilliard Caldwell Place: Board of Aldermen, Carrboro · Also named: Michael BroughSearch the index · The Daily Tar Heel, February 3, 1993, p. 3
  7. Chapel Hill Town Council asks the legislature to let voters recall town officials The council voted unanimously to ask the General Assembly for a town charter amendment allowing recall elections by petition. At council member Mark Chilton's urging it barred recall votes between the first Monday in July and the last Monday in August, when many students are away, and allowed no more than one recall petition against an official every six months. People: Mark Chilton Place: Town Hall, Chapel HillSearch the index · The Daily Tar Heel, March 2, 1993, p. 1
  8. General Assembly gives Chapel Hill and Carrboro the power to recall elected officials The General Assembly ratified a local act on July 16, 1993 giving Chapel Hill and Carrboro voters the power to recall elected officials, which both towns' boards had asked for that spring. Within a month a Chapel Hill resident began circulating petitions to recall council member Joe Herzenberg, and Sen. Howard Lee described the new authority at a Chamber of Commerce forum on September 9. People: Howard N. Lee Place: Chapel Hill and Carrboro · Also named: Joe HerzenbergSearch the index · The Daily Tar Heel, August 25, 1993, p. 1 · Also: The Daily Tar Heel, September 10, 1993, p. 2
  9. Recall petitions against council member Joe Herzenberg are filed with 2,694 signatures A Chapel Hill resident delivered about 80 petitions bearing 2,694 signatures to the Orange County Board of Elections on September 16, within the 30-day limit for forcing a recall vote on council member Joe Herzenberg, whom he accused of violating his oath of office by not paying state taxes. At least 2,211 valid signatures were needed; the board had verified about 1,956 when Herzenberg resigned a week later. Place: Orange County Board of Elections · Also named: Joe HerzenbergSearch the index · The Daily Tar Heel, September 17, 1993, p. 1
  10. Joe Herzenberg resigns his seat on the Chapel Hill Town Council Facing a likely recall election, Joe Herzenberg delivered a letter to town hall just before 5 p.m. on Thursday, September 23, 1993, resigning his seat on the Chapel Hill Town Council effective immediately, with two years of his term left. On September 28 he said he would not run a write-in campaign to regain it. Lambda thanked him on its front page for his service and said he would go on working for gay civil rights. Place: Chapel Hill · Also named: Joe HerzenbergLambda (Carolina Gay and Lesbian Association, UNC), November 1993, p. 6 · Also: The Daily Tar Heel, September 27, 1993, p. 1; The Daily Tar Heel, September 29, 1993, p. 1; The Daily Tar Heel, November 8, 1993, p. 1
  11. Chapel Hill Town Council nominates applicants to fill Joe Herzenberg's vacant seat The Town Council nominated all 11 residents who applied to fill the seat Joe Herzenberg had resigned, planning to appoint on November 8 the nonincumbent who drew the most votes in the November 2 election so that person could serve until the new council was sworn in on December 7. Place: Town Hall, Chapel Hill · Also named: Joe HerzenbergSearch the index · The Daily Tar Heel, October 26, 1993, p. 3

Background on Politics & Government

Background reading on Politics & Government. These works cover the broader subject and may not discuss this storyline. Follow a link to find a copy or view the material.

Widely held

William Friday

Link, William A. · 1995

Biography of William C. Friday, president of the University of North Carolina system, by historian William A. Link, published by UNC Press in 1995 with the subtitle power, purpose, and American higher education. It covers Friday's career and the history of the university at Chapel Hill and statewide. Part of the Rebecca B. Wall Local History Collection.

The Story of the Institute of Government, The University of North Carolina at Chapel Hill

Coates, Albert McKinley · 1981

Albert Coates's own account of the Institute of Government at the University of North Carolina, which he founded, subtitled 'out of a classroom in Chapel Hill' and published in 1981. The 303 pages trace the institute's history and its role in educating North Carolina's public officials.

Communists on Campus

Billingsley, William J. · 1999 · University of Georgia Press

William J. Billingsley's history of the Speaker Ban Law, the 1963 North Carolina statute that barred known Communists from speaking on state campuses, and the fight over it at the University of North Carolina in Chapel Hill. The subtitle sets the scope: race, politics and the public university in sixties North Carolina. It treats academic freedom, anti-communist movements and free speech in the state. University of Georgia Press, 1999, 308 pages with eight pages of plates.

Reviewed in Academe (2000), The American Historical Review (2001), The Journal of Southern History (2001), Journal of American History (2001), The Journal of Politics (2001).

Frank Porter Graham and the 1950 Senate Race in North Carolina

Pleasants, Julian M.; Burns, Augustus M., III · 1990 · UNC Press

Julian M. Pleasants and Augustus M. Burns III on the 1950 Democratic Senate primary in North Carolina, in which Frank Porter Graham, the former president of the University of North Carolina, lost to Willis Smith after a campaign marked by race-baiting. Primaries, elections and race relations in the state are its subjects. Published by UNC Press in 1990, 356 pages with illustrations.

Reviewed in Choice Reviews Online (1991), The American Historical Review (1991), Journal of American History (1991), The Journal of Southern History (1992).

The Age of Orange: Political and Intellectual Leadership in North Carolina, 1752-1861

Blackwelder, Ruth · 1961

Ruth Blackwelder's study of political and intellectual leadership in Orange County and North Carolina from 1752 to 1861, published in Charlotte by W. Loftin in 1961. Topics include state politics and government, intellectual life before the Civil War, and county genealogy. It runs 216 pages with illustrations and a bibliography. Part of the Wall Local History Collection.

Show 6 more

The Good Government Man

Covington, Jr., Howard E. · 2010

Howard E. Covington Jr.'s biography of Albert Coates (1896-1989), the law professor who founded the Institute of Government at the University of North Carolina and led it through its early years. Topics include Coates as a law teacher and the institute's history as a center for the study of public administration in Chapel Hill. Published in 2010 by the University Library at Chapel Hill, 322 pages with 32 pages of plates.

Orange County, 1752-1952

Lefler, Hugh Talmage; Wager, Paul W. · 1953

Hugh Talmage Lefler and Paul W. Wager's history of Orange County across its first two centuries, 1752 to 1952, prepared for the county's bicentennial. It covers government and politics, biography and the county's families, and doubles as a genealogical reference. Published in Chapel Hill by the Orange Printshop in 1953, 389 pages with illustrations and an index; this copy is a later reprint.

Reviewed in The Journal of Southern History (1954).

A Traitor and a Scoundrel: Benjamin Hedrick and the Cost of Dissent

Smith, Michael Thomas · 2003 · University of Delaware Press ; London : Associated University Presses

Michael Thomas Smith's biography of Benjamin Sherwood Hedrick, the University of North Carolina chemistry professor dismissed in 1856 after he declared support for the antislavery presidential candidate John C. Fremont. Published by University of Delaware Press in 2003, 216 pages with illustrations. Topics include abolitionists and dissenters in North Carolina, the antislavery movement in the state, and the university's biography before 1962.

Reviewed in The Journal of Southern History (2005).

The Papers Of Willie Person Mangum

Mangum, Willie Person · 1950 · State Dept. of Archives and History

The papers of Willie Person Mangum, 1792 to 1861, a lawyer, judge and United States senator from the part of Orange County that later became Durham County. Five volumes of correspondence published by the State Department of Archives and History beginning in 1950, arranged by date from 1807 to 1894, with illustrations, portraits and folding maps. A source for antebellum North Carolina and national politics, the Whig Party and the Mangum family.

Reviewed in The Journal of Southern History (1951), Journal of American History (1951), The Journal of Southern History (1953), Journal of American History (1953), The Journal of Southern History (1954), The Journal of Southern History (1955), The Journal of Southern History (1957), Journal of American History (1957), The American Historical Review (1957).

An Historical Address Delivered in Saint Matthew's Church, Hillsboro, N.C., on Sunday, August 24, 1924

Cheshire, Joseph Blount · 1925

Address by Bishop Joseph Blount Cheshire at St. Matthew's Church in Hillsborough on 24 August 1924, marking the parish's hundredth anniversary. Printed in Durham in 1925 at the vestry's order, with a foreword by the rector. Cheshire discusses George Micklejohn, William Mercer Green and Moses Ashley Curtis.

Research sources

Sources and research tools for this storyline. Research guide: Follow an event across several accounts.

Collections and databases

Local help

More to discover

Keep Reading Local

The Friends connect people with new library materials, local writers and publishers, and resources documenting Orange County.

Two mice reading back to back against a leaf, with the hand-lettered words Friends of the Orange County Public Library
Illustration by Caldecott Medalist Matthew Cordell, gifted to the Friends 2026