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EDC seeks return of records, meeting with commissioners
By Lynn Hotaling
Members of the body charged with promoting economic expansion in Jackson County want their financial records back.
Those documents were seized Jan. 12 by county government officials after county commissioners' same-day decision to conduct an audit of the Economic Development Commission of Jackson County.
Meeting in emergency session a week after deputies obtained the EDC's checkbook and minutes, EDC members voted to ask for the return of their financial records.
EDC members also decided to seek a joint meeting with county commissioners to try to resolve the issues that led to the county's withdrawal from the EDC and seizure of the records.
Those actions were the EDC's response to what Chairman Tom McClure termed "interesting decisions" made by county commissioners Jan. 12.
Commissioners, after a two-hour closed session, voted unanimously to proceed with an audit of the county's economic development office and the EDC; remove McClure from all appointed positions; dissolve its revolving loan committee; suspend participation in the EDC; and begin foreclosure on QC Apparel and all other outstanding loans.
McClure said commissioners initially tried to remove him from the EDC, but they could not do that because he serves on the commission as an appointee of Western Carolina University.
"I'm shocked and disappointed with the actions of the county," McClure said.
The EDC was created more than a dozen years ago under a state statute that allows counties and municipalities to join together for the purpose of economic development. The commission was initially formed by Jackson County; the towns of Sylva, Dillsboro and Webster; and Western Carolina University and Southwestern Community College. Forest Hills became a member after its 1997 incorporation.
"Any participating party can withdraw, but no one party has authority over the commission," McClure said.
Six EDC members – McClure, Sylva Mayor Brenda Oliver, Dillsboro Mayor Jean Hartbarger, Gene Couch (SCC), Jay Coward (Webster) and Irene Hooper (Forest Hills) attended last week's emergency meeting.
Jackson County's three EDC appointees – Frank Wilkie, Chuck Hall and Marty Jones – did not attend the Jan. 20 session. (Commissioners Jan. 18 appointed Wilkie to replace Mickey Luker as a county appointee to the Tuckaseigee Water and Sewer Authority.)
Coward, an attorney and a former county commissioner, asked McClure how the county obtained the EDC records.
McClure indicated that two deputies had arrived at his office Jan. 12 with a letter that advised him of commissioners' action and requested he surrender the records.
Coward then asked if the deputies had either a warrant or an order from a judge.
"No," said McClure. "Frankly, I shouldn't have given them (to the officers), but I was so shocked."
McClure said that he had never had any revolving loan records and didn't know why commissioners would think he did.
"It's the county's revolving loan fund," he said. "As chairman of the EDC I was by default chairman of the county's revolving loan fund."
"So the county came requesting you to turn over records they had but didn't know they had?" Coward asked.
"That seems obvious," McClure said.
While the EDC has no constitutional rights against search and seizure, commissioners violated the "spirit of the Constitution," Coward said.
"I don't believe we should allow a situation where elected officials can command law enforcement to seize records," Coward said. "That doesn't sit well with me as a citizen or as a lawyer."
Coward then proposed that the group "demand all records and documents of the EDC be returned to the EDC – to you (McClure)."
"You're still chairman of the EDC," Coward told McClure.
Coward's motion, which he restated as requesting the return of "all documents and records seized by the Sheriff's Department and all other EDC documents and records in possession of Jackson County administration," passed unanimously.
Once that was decided, EDC members moved into a discussion of what might have led up to the county's actions and how best to resolve matters.
"I'm not sure an adversarial relationship serves anyone well," said Couch. "I think we need to find the high road and figure out how to move forward."
"I agree with Gene," Coward said. "We need to simultaneously take the step that should have been taken earlier and discuss things together – in open session."
Couch, who said communication has "broken down," put his proposal into the following motion, which passed unanimously: "I move we invite commissioners and county officials to discuss the issues in an open meeting."
According to Coward, there is no exception to the Open Meetings Law under which such matters would fall.
"It could have been resolved a whole lot easier," McClure said. "I told (County Manager) Ken (Westmoreland), 'A simple phone call and you could see anything you wanted to see.'"
Local businessman John Kevlin, owner of Metrostat Technologies, attended the EDC meeting and spoke in support of the group's efforts.
"My company is one of many that has benefitted from the EDC," Kevlin said. "I appreciate what the EDC has done for me and the county."
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