The News Reporter

Fowler terminates
interview, erases written answers

• County Attorney Steve Fowler erased his written replies, issued a new set of answers and Friday’s interview became a string of “no comments.”

Editor’s Note: In an attempt to publish information about county government that Columbus County residents are entitled to and want to know, reporters were told that information can come only through County Attorney Steve Fowler, a violation of the N.C. Public Records Law. Fowler had agreed to an interview with reporter Bob High on Friday, but chose to terminate the interview before High had completed his questions.

County Attorney Steve Fowler abruptly halted an interview Friday afternoon concerning the hiring of another attorney, primarily for Department of Social Services work, and questions about Fowler’s salary and his role as the “gatekeeper” of public records.

Fowler said before the interview he would only respond to The News Reporter’s questions in writing.

Fowler began typing into his computer each of the 24 questions and his response as they were handed him one-by-one, but after about 40 minutes, he asked this reporter to leave his office.

At one point, County Manager Jim Varner went into Fowler’s office and stayed approximately 10 to 12 minutes, then left.

Fowler re-emerged from behind his closed door after 35 minutes and announced to this reporter, “This interview has been terminated. Come get your stuff.”

During the 35-minute wait, Fowler changed the interview form on his computer and submitted a single sheet with 15 “no comment” replies to a list of 21 questions posed. Three additional questions were not asked because of the abrupt end of the interview.

Earlier in the day, Fowler had come to The News Reporter office and asked for written questions that would be asked during the 1:30 p.m. interview so he “could be gathering the information,” or “determining if answers would take 48 hours.”

He was told that some of the questions concerned the DSS attorney position, Fowler’s salary, his duties and any pay raises for himself. Questions concerning his position as the county administration’s “gatekeeper” of public records were not mentioned to him during his newspaper visit.

Within the past two weeks, Fowler has become the only source for all answers and paperwork about the operation of Columbus County’s administrative government, particularly queries about salaries, pay raises and the budget. It is not clear who designated him “gatekeeper,” but questions about his new duties are what caused him to terminate the interview.

It is a violation of state law for a “gatekeeper” system, where one person is designated to receive and furnish questions or requests for information, to be set up by a local government. North Carolina courts have ruled a department head in county government is “custodian” of that particular department’s records and therefore is the person from whom information about that department’s operation can be obtained.

Fowler said he likes to respond to questions in writing – preferably by email – because he wants a paper trail of all questions or requests for information.

Fowler declined to answer verbally 19 of the 21 questions posed before the interview was prematurely ended. Because of his determination not to respond verbally, he was not asked for a verbal answer to most of the queries. Fowler insisted that written questions be provided.

Before the session began Fowler called in Bobbi Faircloth, his assistant and the county’s paralegal, and told her to bring her notepad and pen. Faircloth asked to leave to get a drink after the fourth question, but Fowler told her to stay.

“In the interest of fairness and equity, I would like for this statement by you of this conflict to be revealed in this and any subsequent news articles on this topic of the assistant county attorney,” Fowler wrote on the piece of paper handed the reporter.

“Also, I would like for it to be noted The News Reporter is currently suing Columbus County government in a public records request lawsuit that is presently before the North Carolina Court of Appeals,” Fowler said via his written statement.

The following questions and written responses were obtained from County Attorney Steve Fowler during a Friday afternoon session in his office:

• You realize I’m doing this interview because it would be a conflict of interest for Nicole Cartrette, wife of current Department of Social Services attorney Randy Cartrette, to write any story about the county attorney’s office and its operation?

ANSWER – “Yes. This attorney would be employed by the county attorney’s office to handle primarily DSS work.”

ANSWER – “Because this question goes to the status of a potential county employee, this may be considered a personnel action. Therefore, I decline to comment at this time.” (The name of any applicant was not requested)

• Has the county advertised locally as required in the personnel policy manual?

• What’s the total cost for the position, including insurance, retirement and all other costs? We understand the position is paid by DSS, but controlled by the county.

• If the county is getting DSS attorney services for $3,500 a month now (on a month-to-month contract), why spend more than the present rate of $42,000 a year, which is much lower than the $55,000 cost shown in the 2006 statewide survey of DSS attorneys?

ANSWER – “It is my opinion the county will balance all considerations, financial and otherwise, in this matter.

“The assistant county attorney, based on information provided me by the North Carolina Institute of Government, is usually employed by the county. This would be a full-time job with salary. This job is usually hired by the county attorney.

“The extent and scope of attorney’s representation of the Social Services board, director and department is determined by the board of county commissioners and county attorney. According to information provided to me by the Institute, the assistant county attorney may be assigned to advice (sic) and represent the county Social Services board, director, department or county with respect to some or all legal matters involving Social Services. However, this may be dependent on current circumstances.”

• Are you aware that the DSS attorney cannot handle any other work for the county? If this is done, funding by DSS would be in jeopardy.

ANSWER – “According to information provided to me by the North Carolina Institute of Government, it is my understanding there would not be a conflict. However, because of the caseload of DSS, in my opinion, any work for DSS full time would be predominant in the attorney’s job.

“However, this office would abide by any appropriate North Carolina Statutes or rules relevant to this matter.”

ANSWER – “Pursuant to North Carolina General Statue 153A-98, the privacy of employee personnel records, I have no comment.”

• Did you get a raise in February 2006, possibly taking effect in March 2006, and how many raises have you had, including the raise in July 2006 for all county employees, except those employed at SCC?

ANSWER – “Pursuant to North Carolina General Statue 153A-98, the privacy of employee personnel records, I have no comment.”

ANSWER – “This information is available in the Human Resources department.”

• Does the combination of your salary and her salary make up the $102,391 shown in the 2006-07 budget?

• How much did the county pay per year in a retainer fee for the services of an attorney the fiscal year before you were hired?

• How much did the county pay in fees to other attorneys or law firms in the fiscal year 2005-06?

• Have you been designated as the spokesman or “funnel” through which all information about any operation of a county department or the administration is being given to the press?
ANSWER – “No comment.”

• Do you know that setting up a “gatekeeper” system – using only one person to furnish information to the public – is against state law? (The state ruling was shown to Fowler. This is a court ruling that states the custodian of any public record – such as finance director, personnel director, planning director, tax collector, emergency services director, etc., -- is the person who can provide the information to the public.)

Three questions were not allowed to be asked of Fowler because of the “termination” of the interview.

• Why is the county making it difficult for The News Reporter to get information?

• You’ve been a reporter for The News Reporter. Don’t you understand why this newspaper is trying to get answers to many questions? Don’t you realize the county’s current system of providing information through you is a complete reversal of the system when you were a reporter?

• Don’t you agree that any public record document, whether one sheet or a booklet, should be readily available upon request?