Open Meetings Act and Boards of Elections

Last week the Pamlico County Board of Elections joined other Boards at a training session in New Bern. We (the Pamlico Board) were handed a paper by Bob Joyce of the UNC School of Government concerning the Open Meetings Act and County and Municipal Boards of Elections.

The problem is that in North Carolina, such boards consist of three members and a discussion between any two of them can under certain circumstances be construed as an "official meeting." The previous interpretation by the State Board had been that two members could have a conversation, so long as no agreements were concluded and no votes taken.

The newly-promulgated rule is more restrictive: "Members of county boards of elections should refrain from two-person conversations touching on subjects that may come before the board for a decision." Then the paper goes on to call for common sense. Right.

I have been quite aware of the problems created by the Open Meetings Act. The public is right to be suspicious of back room deals. On the other hand, agreements have to be negotiated. Public meetings aren't the best place for such negotiations. The North Carolina state legislature has exempted itself from most of the requirements of the Open Meetings Act. Otherwise, nothing would get done. Or, alternatively, only the staffs would be allowed to negotiate, cutting the elected or appointed members of the public body out of the loop as active participants.

For smaller bodies - say, the Oriental NC Town Board, with very limited staff resources, drafting ordinances under the constraints of the Open Meetings Act becomes a challenge.

My solution was to start this blog. My theory is, I don't care who knows what my position is on a public issue. I'll just put it out there in the open. Any member of the public who wants to know can just look. What could be more open than that? Should other Board members be among those who want to know what I think, they can look, too. No secrets.

Climate Change Events

Those who think climate change is a hoax might want to check out Dr. Jeff Masters' blog on Weather Underground web site. Something unusual seems to be going on, affecting the entire globe.

Eyes on the Prize: the Prequel

Watching Eyes on the Prize last night on PBS brought back memories.

A decade before the Selma march, I was a student at the University of Mississippi (Ole Miss), quietly going about my business while under surveillance by agents of the White Citizens Council and the Mississippi State Sovereignty Commission. It was an interesting time.

In 1956, I worked with a group of students on an underground newspaper called the Nigble Papers. I was essentially the publisher, which mostly meant finding a mimeograph machine somewhere that wasn't under lock and key. It was much like what was known in the Soviet Union as samizdat.

Our paper was later reprinted under the title Southern Reposure by a small group of Mississippi citizens: P.D. East, editor and publisher of The Petal Paper of Petal, Mississippi (near Hattiesburg); Hodding Carter, editor and publisher of The Delta Democrat-Times of my then home town of Greenville, Mississippi; Professor James Silver of Ole Miss (one of my history professors); and William Faulkner.

I recently came across a reference to the event in P.D. East's memoirs, The Magnolia Jungle, in a book of collected narratives by Marion Barnwell.

Our efforts didn't accomplish much in the short term, but I'd like to believe they helped in the long run.

Eyes on the Prize

An important program note: tomorrow night, Wednesday, July 14 at 9:00PM, UNC TV Channel 25 will show a special edition of American Experience, Eyes on the Prize: Mississippi: Is This America? 1963-1964/Bridge to Freedom 1965. If you have never seen this powerful documentary, make a special point of doing so. Even if you have seen it, take another look. You will probably notice something you didn't notice before.

At 8:00, the lead-in program is Terry Sanford & The New South. The contrast between North Carolina and Mississippi in 1962 could hardly be more stark.

Closed Session Minutes - South Avenue I

A while back, I reported that I now have copies of closed session minutes relating to South Avenue.

Here is the first one:

"Town of Oriental - Board of Commissioners Meeting
August 7, 2007

The Oriental Town Board of Commissioners met on Tuesday August 7, 2007 at 6:00 pm at the Oriental Town Hall. Present were Mayor Styron and Commissioners Bohmert, Herlands, Inger and Venturi.

CLOSED SESSION: Attorney Davis informed the Board that Mr. Henry may offer the Town 30 feet in fee simple, down the middle of the right-of-way of South Avenue. The Board requested the offer in writing and in detail.

MOTION: Commissioner Bohmert made a motion to go out of closed session. Second by Commissioner Inger. Vote 4-0."

Comment: The Board was right to ask for a written, detailed offer. None was ever received, nor was it credible to expect one. The Town had in its possession a copy of Mr. Henry's CAMA permit for an eight-slip marina, using Mr. Henry's own lot and the full sixty-foot width of the Town's right-of-way. One can only wonder if Attorney Davis ever looked at it.

More later.

Meeting Minutes

There seems to be a lot of confusion about what goes into minutes of official meetings of government bodies.

Early this year, when Oriental Town Commissioners reviewed draft minutes, newly-elected Commissioner Jennifer Roe made it quite clear: minutes record what was done, not what was said. This general rule applies no matter what the nature of the body. Otherwise approval of the minutes becomes a reiteration of every argument raised at the previous meeting and so on, ad infinitum.

As for public records, any correspondence concerning the business of a board becomes a public record, including audio and video recordings of public meetings. The custodian of all public records of the County Board of Elections is Lisa Bennett, the Director of Elections.

Since the meeting of the County Board of Elections held March 23, 2010, all minutes have included the following statement: "An audio recording was made of the proceedings. A copy has been provided as a public record to the Director of Elections, who will maintain it in accordance with the Records Retention and Disposition Schedule for County and Municipal Boards of Elections, dated October 7, 2002."

Any citizen who wants a copy of any of these records should contact Lisa Bennett at the County Board of Elections - 745-4821.

First the Facts - Then the Solution

There was some discussion at last Tuesday's meeting of the Oriental Board of Commissioners about the alleged need for a surveyor to determine how much of Mr. Henry's fence at the end of South Avenue needs to come down. As one of the attendees (our son Benjamin) pointed out, the answer is "all of it."

The next day, he showed Mayor Sage the "railroad iron" depicted on Mr. Henry's own survey of the premises that shows clearly that the entire fence along Mr. Henry's lot is in the town right of way. The survey also shows the boundary between the South Avenue right of way and Mr. Henry's lot marked by an iron pipe. Shooting a simple transit line from that point would complete the boundary.

The other side, between the town's right of way and Chris Fulcher's property may be more complicated. Even there, the town should consult the very detailed survey completed in late 2007 at the urging of the Town Attorney, which was never used. That survey may clear up any uncertainty. It shows a pipe found at the very edge of the right of way, though it is not immediately visible at the moment.

Another proposal is that the town may need to work a deal with Mr. Henry to allow the pavement to continue encroaching on Mr. Henry's lot to allow truck access to Chris Fulcher's property south of the avenue.

I don't think so. I checked to see the tuning radius needed to accommodate 18-wheelers. They require an inside radius of 45 feet and an outside radius of 65 feet. Once the fence is out of the way, there is enough room in the originally platted intersection to allow a curve with those dimensions. Let's check it out before doing any deals.

Croaker Fest - Oriental Welcomes Visitors

Tomorrow, July 2, 2010, sees the opening of the Croaker Fest, Pamlico County's midsummer celebration, hosted each year in Oriental. It is a community event, prepared and carried out by many civic-minded people, from parade organizers to garbologists.

Oriental residents and businesses welcome the flood of visitors.

Except for a few. Some take the opportunity to block off "their" section of the town's right of way to prevent visitors from parking on "their" grass. Some even install permanent barriers to prevent parking on public property next to their houses.

Apart from the fact that blocking the town right of way is a violation of the law, it is an offense to the kind of neighborly welcome the rest of us try to extend to visitors. Shame on you!