School leaders choose not to reveal requested information

By Lynn Hotaling

Members of the Jackson County Board of Education discussed property in closed session but declined to state non-negotiable information as the state's Open Meetings Law requires.

When Chairman James Roper listed "property" among the intended justifications for the Jackson County Board of Education's closed session, he was asked by reporters to reveal the property owner, property location and intended use by the school board. He declined to answer on the advice of school board attorney Paul Holt.

North Carolina's Open Meetings Law permits public bodies such as the school board to go into closed session "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..."

Public bodies have historically interpreted that to mean they could keep all aspects of any proposed real estate transaction confidential until a contract was written.

However, an August decision by the N.C. Court of Appeals indicates that only "negotiable" issues surrounding a potential real estate transaction can be discussed in closed session.

Ruling on Boney v. City of Burlington, judges upheld the decision of the trial court that the "defendants (Burlington) had violated the Open Meetings Law by deliberating the proposed land acquisition in closed session without first disclosing the location of the property and the purpose for which it was being considered."

The city appealed, but the N.C. Supreme Court declined to hear the case.

Holt, who initially said he was not aware of the Appeals Court decision, reviewed the decision the next day and said it was not applicable to the Jan. 27 closed session. School officials discussed several pieces of property rather than one specific tract, he said. Holt refused even to state the proposed use of the tracts under consideration.

Superintendent Mack McCary declined comment based on Holt's interpretation of the Court of Appeals ruling.

Amanda Martin, attorney for the N.C. Press Association, thinks the ruling does apply to the school board's closed session.

"I disagree that the existence of multiple pieces of property changes the application of that case," Martin said. "There is nothing in the case that would limit it to single-parcel situations, and in fact I litigated a case in which Surry County was considering five different pieces of land. The court came to the same conclusion as the court in the Boney Publishers v. Burlington case, that is that (public bodies) must disclose the information," Martin said.

Also Jan. 27:

- After receiving legal advice during the same closed session, school officials awarded a contract for water system improvements at Blue Ridge School. Discussion was initiated during open session by maintenance director Arlin Middleton, who described the project and recommended awarding the contract to the low bidder, Greene Bros. of Sylva.

When Middleton told board members that post-bid negotiations with Greene Bros. would result in a savings to the school system of some $4,400, the discussion was continued in closed session because of confusion as to when the negotiating had occurred, Middleton said.

The Blue Ridge project includes expensive components, including an altitude switch and a concrete structure required by the N.C. Department of Environment and Natural Resources.

Blue Ridge's water system has failed on several occasions due to persistent freezing problems with a float switch that shuts down well pumps before the tank is full, Middleton said.

Greene Bros. was the low bidder at $51,143 to Wright Construction's bid of $51,883. The contract was awarded for $47,653, based on changes submitted by engineer Tim Hemker of W.K. Dickson after the low bid was determined, Middleton said.

Board members also approved a budget amendment Jan. 25 to cover the cost of the water system, as well as approximately $30,000 in engineering costs for air conditioning projects at Blue Ridge, Fairview and Cullowhee Valley.

- A school board retreat was scheduled for 9 a.m. Tuesday, Feb. 18, in Room 109 of the N.C. Center for the Advancement of Teaching in Cullowhee. Board members rescheduled their March 24 meeting to Monday, March 17, and the April 28 meeting to Monday, April 14. Both sessions will begin at 6 p.m. at the school system's Central Office.

- Board members heard a positive report from auditor Scott Hughes, who offered an "unqualified opinion," which means the school system's financial reports are in good order.

- In personnel matters, school officials approved the employment of:

Cullowhee Valley - Stephanie Scott, reading tutor, and Grace Simpson, exceptional children's assistant.

School of Alternatives - Joada Michael, part-time English instructor.

Smokey Mountain Elementary - Jeanne Heath, interim seventh-grade math teacher; Robin Minick, interim sixtth- grade language arts teacher; and Elwood Frizzell, physical education assistant.

Smoky Mountain High - Anne Harlow, interim music teacher; and Jeff Aycock, lifeguard/swim instructor.

Fairview - Sarah DuPree, Brooke Dills, Judy Couch, Amanda Dills, Eva Jalajas, Stephanie Farmer and Tammy Cabe, reading tutors.

Board members accepted resignations from Alana Fisher, ECP assistant, CVS; Ginger Arvey, PE assistant, SMES; Stephen Earwood, math teacher, SMHS; and Van Villanti, New Millennium program manager, School of Alternatives.

Approved as substitute teachers were Sara White, Charles Rice, Kristin Knaub, Penny Graham, Stephanie Brown, Cory MacGillivray, Tony Yarborough, Stephanie Farmer, Angie Cotner, Jessica Myers and Kristin Schrader.

Approved as bus drivers were Jonathan Harris and Carolina Carr-Starr.

Approved as non-staff coaches were Sara Rice, women's soccer assistant, Jamie Extine, Eddie Savadra and John Carnes, baseball assistants, and Shawn Blanton, track assistant, all at SMHS.

Back to Archive: 02/06/03.