County says manager’s contract not public record
By NICOLE CARTRETTE
Columbus County officials say the county manager’s contract is not a public record.
Last week, The News Reporter requested numerous public records, including access to the contract.
Chairman Kip Godwin contacted The News Reporter Tuesday, indicating the requests had been received but it was the county’s understanding that County Manager Jim Varner’s contract is contained in his personnel file and therefore not public record.
“Under public records law his contract is not a public record,” Godwin said, adding that David Lawrence of the North Carolina Institute of Government agreed. Godwin said that because the document was released when approved in June that a copy would be provided to The News Reporter when County Attorney Steve Fowler returns from business in Raleigh. As of Wednesday afternoon, none of the information requested had been received.
Other counties were much more compliant with the newspaper’s request. The News Reporter requested a copy of the county manager contracts from Brunswick, Bladen and Pender counties Wednesday afternoon. Pender County attorney, Trey Thurman, confirmed the former manager’s contract was a public record. Within minutes of the request, Brunswick County faxed a copy of the manager’s severance agreement, which includes a waiver of confidentiality clause.
Lawrence said case law has supported the confidentiality of an employment contract of a hospital employee. In August 2005, the N.C. Supreme Court overturned a court of appeals ruling that a hospital employee’s contract was pubic record.
However, the issued opinion reads in part that “the General Assembly deliberately chose to treat public hospitals differently from other public institutions” and hospitals fall under protection of the Public Hospital Personnel Act.
In recent months the county has leaned toward keeping what takes place in closed sessions closed. This month, the county made a motion to release closed session minutes that had been requested by a private citizen. The limited “general accounts” left questions about whether or not they meet statutory requirements that “a person not in attendance would have a reasonable understanding of what transpired.”
When asked about vagueness of a closed session general account dealing with the Grand Strand Water and Sewer contract, Godwin said it complies with the law and Lawrence said there was case law that supported such general accounts. The minutes in question read “presented information to the board on the topic, the commissioners discussed this amongst themselves.”
The case law mentioned involved a suit against the County of Henderson in which the court ruled the general account met statutory requirements. In that particular case, the general account explains that the attorney explained the difference between a “Land Use Ordinance” and “Police Power Ordinance” and pointed out suggested wording changes recommended by the attorney.
In a local government law bulletin edited by Lawrence and issued in April 2002, Lawrence points out that “(of course, any public body is free to prepare more detailed general accounts should it wish to.)”
Lawrence confirmed Wednesday that he had reviewed the general accounts and in his opinion were “compliant.”
When asked about the closed session to discuss a policy manual, Lawrence took a different view.
“You’re right,” Lawrence said, explaining that you’re not supposed to discuss general policy matters in closed sessions.
Godwin insisted the policy manual was not discussed in closed session, rather there was only one comment made about the manual and it was not the reason for the closed session. When asked why he voted to approve minutes that state the reason for the closed session was to discuss the manual, he said that particular portion of the minutes was not read to the commissioners.
Godwin said the county is working on drafting a policy to release closed session minutes.
“The policy has been drafted and reviewed by David Lawrence,” Godwin said, “He has made some fine tuning.”
Godwin said once the policy is adopted, Fowler would have the ability to review closed session summaries to determine if they should be released.
“There are some things that won’t ever be open and required by state law to be sealed,” Godwin said. “Closed session accounts are closed until the board authorizes the release.” Under the policy, Godwin said the attorney might determine what may be released.
Under the policy, Godwin said denial of records can be appealed and in situations that the attorney is unsure, the board will make the final decision.
“I do want to see us have more openness between us and the public,” Godwin said. “We have closed sessions most of the time to deal with personnel; that’s probably not going to change.”