Tuesday, October 4, 2011

Closed Town Meeting October 4

After completion of the agenda, Commissioner Bohmert moved to close the meeting for "personnel."

I think I have mentioned this before, but the relevant provision of NC General Statutes has no general "personnel" exception to the Open Meetings Law. There are in fact four separate purposes relating to personnel, and the motion to go into closed session must specify which one. They are:


a: To establish or instruct the staff or agent concerning the negotiations of the amount of compensation or other terms of an employment contract.
b: To consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or employee.
c: To hear or investigate a complaint, charge, or grievance by or against a public officer or employee.
d: To plan, conduct, or hear reports concerning investigations or alleged criminal conduct.

Neither I nor anyone else attending tonight's meeting has any idea which of the above authorized purposes was effected by the closed meeting.

The meeting was, therefore, improperly closed.

If any member of the Board of Commissioners is interested in making a correct motion to go into closed session, I recommend the model motion posted on the web site of  Western Carolina University here.

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