By NICOLE CARTRETTE
Staff Writer

When it comes to Columbus County Board of Commissioners closed sessions, some residents are paying close attention.

During the public comments session of the meeting held Monday, Columbus County resident and attorney Alexis Prease, with a book of N.C. Statutes and case law in hand, made it clear she is watching the board.

Manager’s authority

She had questions about who hires and fires county employees and how those duties are being handled.

“I really just wanted to ask for a clarification of something,”Prease said, pointing out there was discussion at the last meeting of the authority the county manager has to hire and fire employees and that some board members wanted more authority or involvement.

“Has it been decided that Varner can hire and fire department heads or people on down the line without discussion of the board?” Prease asked.

Chairman Sammie Jacobs told Prease to read the manager’s duties and powers. “We are staying informed,” Jacobs said.

“When an action is taken we are to be informed at the next meeting,” Commissioner James Prevatte said.

“You get a list of new ins and outs,” County Manager Jim Varner told the board of commissioners.

‘No doubt’ illegal

Prease told the board “there was no doubt” the closed session held to discuss selling the Department of Aging building in Whiteville was illegal.

“We don’t need to hear this; we don’t have to,” Chairman Sammie Jacobs interrupted Prease.

“I’m not asking you,” Prease declared. “It’s public comment.”

Prease cited N.C. General Statutes 160A-265 and 153A 265-269. She encouraged the board to “pay special attention to 160A-266.”

The statute sets limitations on the sale of property owned by a city. Under sections of 153A, it is clear the section applies not only to cities and towns but also counties.

Under the law, a city may dispose of real or personal property belonging to the city by private negotiation and sale, advertisement for sealed bids, negotiated offer, advertisement and upset bidding, public auction, or exchange.

Private sale may be used only for property with a value of less than $30,000.

“Our attorney will look at that,” Jacobs told Prease.

The News Reporter requested minutes from the Jan. 16 closed session more than a month ago. While an appraisal of the building was finally released, the closed session minutes have not been.

County Attorney Steve Fowler maintains that the board of commissioners must approve closed session minutes in closed session.

Attorney Amanda Martin with the N.C. Press Association Sunshine line insists the minutes are public record and require no vote of the board in order to be released to the public.

Under N.C. General Statute 143-318.16, injunctive relief against violations of the N.C. Open Meetings law is outlined.

The General Court of Justice has the authority and jurisdiction to enter “mandatory or prohibitory injunctions to enjoin (i) threatened violations of this Article, (ii) the recurrence of past violations of this Article, or (iii) continuing violations of this Article.

“Any person may bring an action in the appropriate division of the General Court of Justice seeking such an injunction; and the plaintiff need not allege or prove special damage different from that suffered by the public at large. It is not a defense to such an action that there is an adequate remedy at law,” the statute reads.