Commission
dodges Open Meetings Law

By NICOLE CARTRETTE

Monday night, commissioners voted to approve closed session minutes from two Sept. 18 meetings. One of the closed sessions is in violation of Open Meetings Law, according to a N.C. Press Association attorney.

A closed session called under personnel and held to discuss a personnel policy manual “is a violation of the law,” said N.C. Press Association Attorney Mike Tadych. “General personnel policy issues may not be considered in a closed session,” the statute clearly states.

Tadych said the county attorney is a public officer who owes his allegiance to the county. “He is not the attorney for the commissioners or one commissioner,” Tadych said.

The closed sessions took place the night a $195,000 settlement was approved in county Social Services Director Marva Scott’s lawsuit against the county and a personnel manual was approved that included extended health benefits to commissioners who leave office.

The release of minutes comes after a public information request initiated by Columbus County resident and Robeson County Assistant District Attorney Alexis Prease, who was escorted from the meeting after questioning the legality of the closed session she allegedly refused to leave in September.

Three separate general accounts were released that deal with discussion of the Scott settlement, county personnel policy manual and Grand Strand Water and Sewer (GSWS) contract. “The Board of Columbus County Commissioners went into closed session pursuant to the above noted statute for the purpose of discussing the proposed personnel manual to be submitted to the county commissioners” the general account states of a session closed for personnel under N.C. General Statute 143.318 11(a) (6). “The County Manager, Jim Varner, appointed by the county, presented information to the board on the topic stating that the manual has been presented to the Office of State Personnel (OSP) and has been approved by the OSP.”

Fowler’s response

When asked Wednesday why the general accounts were so brief and state little if anything about what took place, County Attorney Steve Fowler said a general accounting is all that is required.

“It does not have to be that specific,” he said. “We’re trying following the law as to what is acceptable.” He mentioned that he has been in contact with the Institute of Government and David Lawrence, who has authored several publications on government law.

The law states that a general account be taken in a manner that “a person not in attendance would have a reasonable understanding of what transpired.” The general accountings provided by Fowler do not speak to the legal issues presented or discussed in the closed sessions. The account-ing for the GSWS contract merely states that the county attorney “presented information to the board on the topic” and never states what the information was or what, if any, legal questions were at hand.

The general account provided for the session held for discussing the Scott settlement gives no information other than “persons covered under the Attorney-Client privilege summated their opinions about the litigation and what options were available to the County in either rejecting or accepting the settlement offer that was previously, tentatively, approved in mediation.” Those options are not disclosed.

When asked why a closed session was held to discuss the personnel policy (a general policy matter) Fowler asked to place the reporter on hold. “I can’t speak to that topic,” Fowler said when he returned. “I did not present that topic to the board.”

When asked if he advises the board if they begin discussing a topic that cannot be discussed in closed session, Fowler responded, “that remains in closed session.”

“If he knew it was inappropriate and sat silent,” Tadych said. “Not advising or making record of an objection, opens up the county to liability.” He explained that if anyone prevailed in a lawsuit over the legality of the closed meeting, an objection on the record could make the individual commissioners liable for the plaintiff’s attorney fees associated with the suit, not taxpayers.

Commissioners’ response

“We were told that Ms. Prease had asked for minutes,” Commissioner James Prevatte said, who made the motion to release the minutes as presented.

When asked if he thought the minutes were adequate, Prevatte said they were accurate and that he did not see them, they were read to the commissioners. “It doesn’t have to be verbatim,” he pointed out. Commissioner James Prevatte. “This is the first time closed session records have been opened to the public,” he said.

Prevatte offered no explanation for why the manual was discussed in a closed session. When asked about the closed session in which the county personnel policy was discussed, Prevatte said it was during that session that he asked if there were any significant changes from the previous manual. “I don’t have access to those minutes either,” Prevatte said. “I’m not trying to be evasive, I remember that part,” Prevatte said. “I can only tell you that we have the closed session pursuant to what our attorney advises. If we deviate from topic we are very quickly brought back in line.”

“I feel bad about the situation between the newspaper and commissioners,” Prevatte said. Prevatte said the vote to release closed session minutes is an “effort” the commissioners have made. “We have to have some kind of guidelines.”

Prevatte said Fowler had brought it to the board’s attention that there was no policy on approving and releasing closed-session minutes. “I’m learning,” he said, “I’m not trying to hide anything.”

Prevatte brought up current on-going litigation with The News Reporter and Loris-Tabor Tribune plaintiffs in an action against the county over a memo that the county claims is a personnel document and therefore not public record. “One attorney is telling you one thing and one attorney is telling us something else,” Prevatte said.

As for public records, Prevatte said he will insist on two public readings and possibly a public hearing on any future policy changes, adding that there was nothing wrong with a copy of the policy manual being released as a draft before it was adopted.

When asked why the county has so many closed sessions, Prevatte said that the “county attorney or county manager had many things” that fell under the provisions of a closed session. Prevatte said Varner’s contract and litigation three times in the last couple of years contribute to the number of closed sessions. He added that “discussion about infractions of employees” requires a closed session so that the manager can keep the board informed. “The county is a very big organization,” Prevatte said.

“Some of the things discussed in the school system are some of the kinds of things we deal with,” Prevatte said. “It’s unfair to complain about commissioners unless you look at the other,” he said. “That’s one sided on your part.

“In the last month there has only been one article that you wrote that painted the county government in a good light,” Prevatte said. “Y’all are painting us to be bad people,” he said, “We are not doing anything intentionally wrong.”

“How about saying something good about what we are doing,” Prevatte said. “How about say for the first time closed sessions were open to the public and that’s a step in the right direction.”

Commissioner Bill Memory was asked about the closed sessions and specifically the one held to discuss the personnel manual. “I don’t know what you mean. We talked about personnel. You need to talk to the county attorney,” Memory said, “He released what we instructed him to release the other night.”

David Dutton who said he was not at the Monday night meeting because of an illness, said he didn’t know anything about the minutes. “I don’t know what to say,” Dutton said when the released minutes were read to him and he was asked about the discussion of general policy matters behind closed doors. “Write anything you want. I don’t care. I have no confidence in The News Reporter. Ya’ll are tearing the county down. I don’t want you calling me anymore.

“I think Steve or Jim Varner should tell you what they said,” Dutton said. “I’m half sick and don’t feel good. I’m not up for this today.” He added, “I have washed my hands of the deal.”

Messages left with Commissioners Sammie Jacobs, Lynwood Norris (not present Monday), Amon McKenzie and Chairman Kip Godwin were not returned.

In each session “the commissioners discussed this topic amongst themselves. There was no action taken by the Board of Columbus County Commissioners on this topic during this closed ses-sion,” the records reflect.