“Special Meetings:
If a public body meets at some time or place other than that shown on its regular meeting schedule, or if the public body does not meet on a regular schedule, it must give special meeting notice. Such a notice sets out the time, place, and purpose (this “purpose: was not included) of the meeting and is provided in three ways. First, it must be posted on the principal bulletin board of the public body (or on the meeting room door if there is no principal bulletin board). Second, it must be mailed, emailed, or delivered to any person who has made a written request for notice of special meetings (like me). Third, it must be posted on the website of the public body, if it has one (this was done). Each of these forms of notice must occur at least forty-eight hours before the meeting. A public body may require media requests to be renewed annually. Non-media requesters may be required to renew quarterly and must be charged a fee of $10 per calendar year. No fee may be charged for email notices. It is important to note that the statute requires the notice to specify the purpose of the meeting. Public bodies should be careful when conducting special meetings not to discuss or take action on matters not included in the scope of the notice.”
Folks, I am not making this up. For the entire Text of the NC Institute of Government Guidance “Open Meetings and Other Legal Requirements for Local Government Boards” go to this link:
It is totally obvious that the CCC Special Called Meeting Notices did not include the Purpose of these meeting. In total violation of NC Law. Remember folks, what is the definition of a crook? One who violates the law.
3. The Special Called Meeting Notice “Agenda” specified a Closed session in accordance with N.C. General Statute 143-318.11(a)(6) and quoted some text from that part of the law. But they left out a part of that particular section of the Closed Session law as well as the rest of the law. Obviously intentional. Isn’t intentionally leaving out part of the truth an attempt to deceive? Isn’t a deception the same as a lie?
For your convenience I have included below the entire North Carolina General Statute law for Closed Sessions. When you get to section (a)(6) you will find the rest of the text that the CCC Special Meeting Notice left out as well as other parts of the law that the CCC BoTs also regularly leave out. Such as when they go into Closed Session to discuss legal matters, including lawsuits. The BoTs NEVER provide the name of the parties in each existing lawsuit as Section (c) of the law clearly requires. Again, what is a crook?
I am sure that any of the CCC BoTs, if asked, would tell you that all these errors are just “Honest Mistakes.” But these are mistakes made on every occasion and mistakes made on very simple and basic items that turn out to be deceptive to members of the public who are trying to understand what is going on at CCC. Therefore one has to conclude that the CCC BoTs do not want members of the public to understand what is going on at Cleveland Community College Board of Trustees.
Hopefully the CCC BoTs will take this message to heart and do better. One way to do better is to bring a US Flag into their Board Meetings and recite the Pledge of Allegiance. Another thing is to ensure their meeting minutes fairly and accurately describe what transpires in Board Meetings. And a simple thing they could do is revise their Special Called Meeting Notices to properly reflect what the law requires.
This is so easy even I could do it. If they asked me to. Instead of ignoring good advice.
§ 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.
(10) To view a recording released pursuant to G.S. 132-1.4A.
(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.
(d) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 570, s. 2. (1979, c. 655, s. 1; 1981, c. 831; 1985 (Reg. Sess., 1986), c. 932, s. 5; 1991, c. 694, ss. 3, 4; 1993 (Reg. Sess., 1994), c. 570, s. 2; 1995, c. 509, s. 84; 1997-222, s. 2; 1997-290, s. 2; 2001-500, s. 2; 2003-180, s. 2; 2013-360, s. 8.41(b); 2014-79, s. 9(a); 2016-88, s. 3.)
