1. Why was the Board in such a hurry that they appointed Warren Johnson as mayor during last Thursday's Agenda meeting rather than at today's monthly Town Board meeting where such business is normally conducted? Especially as Warren wasn't at tonight's meeting due to a previously planned vacation? Was it an effort to keep something from happening? I don't know.I certainly have no objection to Warren's appointment, but it might have made more sense to appoint Sally Belangia, who is running unopposed for the office in November.
2. Why is the Town unable or unwilling to provide the records of closed session meetings that I requested over the past two months? Unable in some cases because the requested records have mysteriously disappeared. Is this a case of deja vu all over again? Some may recall records mysteriously disappearing when Randy Cahoon was Town Manager a few years ago, apparently removed by someone with access to the manager's office. As I recall, the disappearances ceased after Randy changed the locks. Thoday's Board was unwilling to provide some records that are not missing, even though there is no apparent legal justification for continuing to withhold them. What is the Board trying to cover up? I seem to recall the previously missing records reappeared after that year's elections.
Here is what I asked for:
June 2, 2015:
Request for Records of Closed Meetings of Oriental Town Board-member
To: Town Manager
From: David R. Cox, 409 Academy Street, Oriental, NC 252 646 5543,
cox.d.r@att.net
I hereby request copies of the minutes of all closed sessions in
which the Town's agreement with Chris Fulcher or my suits against the
Town of Oriental were discussed, as well as all “general account[s]
of the closed session so that a person not in attendance would have a
reasonable understanding of what transpired. Such accounts may be a
written narrative. Or video or audio recording.” NCGS
143-318.10(e). Such minutes and accounts are public records under GS
132-1, provided that they may be withheld from public inspection so
long as public inspection would frustrate the purpose of a closed
session.
Attached is a copy of a Merorandum (sic) to me from Mayor Sage
denying a previous request of mine for records of closed meetings. I
note that his assertion that records of closed sessions “are to be
kept sealed” until the Town Board of Commissioners votes to open
them to the public is not supported by the plain language of the
statute. There is no provision giving the Town Board discretionary
authority to keep the records sealed.
My request includes but is not limited to the following closed
sessions:
1. January 13, 2012
2. February 7, 2012
3. February 10, 2012
4. July 9, 2012
5. September 4, 2012
I am continuing to review the Town's published minutes to compile an
additional list of closed sessions for which I want the records.
Sincerely,
David Cox
July 16, 2015:
Article 33C.
Meetings of Public Bodies.
§ 143-318.9. Public policy.
Whereas the public
bodies that administer the legislative, policy-making,
quasi-judicial, administrative, and advisory functions of North
Carolina and its political subdivisions exist solely to conduct the
people's business, it is the public policy of North Carolina that the
hearings, deliberations, and actions of these bodies be conducted
openly. (1979, c. 655, s. 1.)
§ 143-318.10. All official meetings of
public bodies open to the public.
(a)
Except as provided in G.S. 143-318.11, 143-318.14A, and 143-318.18,
each official meeting of a public body shall be open to the public,
and any person is entitled to attend such a meeting.
§ 143-318.11. Closed sessions.
(a)
Permitted Purposes. - It is the policy of this State that closed
sessions shall be held only when required to permit a public body to
act in the public interest as permitted in this section. A public
body may hold a closed session and exclude the public only when a
closed session is required:
(1) To
prevent the disclosure of information that is privileged or
confidential pursuant to the law of this State or of the United
States, or not considered a public record within the meaning of
Chapter 132 of the General Statutes.
(2) To
prevent the premature disclosure of an honorary degree, scholarship,
prize, or similar award.
(3) To
consult with an attorney employed or retained by the public body in
order to preserve the attorney-client privilege between the attorney
and the public body, which privilege is hereby acknowledged. General
policy matters may not be discussed in a closed session and nothing
herein shall be construed to permit a public body to close a meeting
that otherwise would be open merely because an attorney employed or
retained by the public body is a participant. The public body may
consider and give instructions to an attorney concerning the handling
or settlement of a claim, judicial action, mediation, arbitration, or
administrative procedure. If the public body has approved or
considered a settlement, other than a malpractice settlement by or on
behalf of a hospital, in closed session, the terms of that settlement
shall be reported to the public body and entered into its minutes as
soon as possible within a reasonable time after the settlement is
concluded.
(4) To
discuss matters relating to the location or expansion of industries
or other businesses in the area served by the public body, including
agreement on a tentative list of economic development incentives that
may be offered by the public body in negotiations, or to discuss
matters relating to military installation closure or realignment. Any
action approving the signing of an economic development contract or
commitment, or the action authorizing the payment of economic
development expenditures, shall be taken in an open session.
(5) To
establish, or to instruct the public body's staff or negotiating
agents concerning the position to be taken by or on behalf of the
public body in negotiating (i) the price and other material terms of
a contract or proposed contract for the acquisition of real property
by purchase, option, exchange, or lease; or (ii) the amount of
compensation and other material terms of an employment contract or
proposed employment contract.
(6) To
consider the qualifications, competence, performance, character,
fitness, conditions of appointment, or conditions of initial
employment of an individual public officer or employee or prospective
public officer or employee; or to hear or investigate a complaint,
charge, or grievance by or against an individual public officer or
employee. General personnel policy issues may not be considered in a
closed session. A public body may not consider the qualifications,
competence, performance, character, fitness, appointment, or removal
of a member of the public body or another body and may not consider
or fill a vacancy among its own membership except in an open meeting.
Final action making an appointment or discharge or removal by a
public body having final authority for the appointment or discharge
or removal shall be taken in an open meeting.
(7) To
plan, conduct, or hear reports concerning investigations of alleged
criminal misconduct.
(8) To
formulate plans by a local board of education relating to emergency
response to incidents of school violence or to formulate and adopt
the school safety components of school improvement plans by a local
board of education or a school improvement team.
(9) To
discuss and take action regarding plans to protect public safety as
it relates to existing or potential terrorist activity and to receive
briefings by staff members, legal counsel, or law enforcement or
emergency service officials concerning actions taken or to be taken
to respond to such activity.
(b)
Repealed by Session Laws 1991, c. 694, s. 4.
(c)
Calling a Closed Session. - A public body may hold a closed session
only upon a motion duly made and adopted at an open meeting. Every
motion to close a meeting shall cite one or more of the permissible
purposes listed in subsection (a) of this section. A motion based
on subdivision (a)(1) of this section shall also state the name or
citation of the law that renders the information to be discussed
privileged or confidential. A motion based on subdivision (a)(3)
of this section shall identify the parties in each existing lawsuit
concerning which the public body expects to receive advice during the
closed session.
§
143-318.10. All official meetings of public bodies open to the
public.
(e)
Every public body shall keep full and accurate minutes of all
official meetings, including any closed sessions held pursuant to
G.S. 143-318.11. Such minutes may be in written form or, at the
option of the public body, may be in the form of sound or video and
sound recordings. When a public body meets in closed session, it
shall keep a general account of the closed session so that a person
not in attendance would have a reasonable understanding of what
transpired. Such accounts may be a written narrative, or video or
audio recordings. Such minutes and accounts shall be public records
within the meaning of the Public Records Law, G.S. 132-1 et seq.;
provided, however, that minutes or an account of a closed session
conducted in compliance with G.S. 143-318.11 may be withheld from
public inspection so long as public inspection would frustrate the
purpose of a closed session. (1979, c. 655, s. 1; 1985
(Reg. Sess., 1986), c. 932, s. 4; 1991, c. 694, ss. 1, 2; 1993 (Reg.
Sess., 1994), c. 570, s. 1; 1995, c. 509, s. 135.2(p); 1997-290, s.
1; 1997-456, s. 27; 2011-326, s. 8.)
In
accordance with the above provisions on North Carolina General
Statutes, I hereby request the following public records:
A.
The minutes and any general account of the following closed sessions
of the Town of Oriental Town Board pursuant to NCGS 143-318.11,
including both written records and accounts and any video or audio
records such that a person not in attendance would have a reasonable
understanding of what transpired. These records are required to be
kept in compliance with NCGS 143-318.10(e).
The
requested records relate to closed sessions concerning two complaints
filed by me in the Pamlico County Superior Court against the Town. In
view of the fact that these complaints have been settled, the
withholding of these public records would no longer frustrate any
purpose of the closed sessions in question. The request includes but
is not necessarily limited to records of the following closed
sessions:
1.
February 20, 2013;
2.
July 18, 2013;
3.
August 6, 2013;
4.
September 2, 2013;
5.
December 2, 2014;
6.
March 3, 2014.
7.
In addition, I request a copy of the minutes of the Town Board of
Commissioners to which the terms of the settlement have been entered
as required by NCGS 143-318.10(3).
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