From the Outer Banks Sentinel (7/8/09): A Superior Court judge signed a consent order on Monday ordering the Dare County Tourism Board to provide three draft settlement agreement documents to the Sentinel. The records pertained to the separation agreement entered into between the board and its former former director, Carolyn McCormick.
Judge Alma Hinton of Halifax County signed the order instructing the board to provide copies of the 11-page documents to the newspaper.
Previously, only the approved final document had been released. The drafts were withheld after McCormick threaten to sue the board for breach of contract if the records were released. The final agreement contained a confidentiality clause which is prohibited in public agency contracts.
The newspaper first requested the public records on May 7 from John Leidy, of the Elizabeth City law firm of Hornthal, Riley, Ellis & Maland, LLP who was retained by NC League of Municipalities Risk Management Services to represent the tourism board during the settlement process.
The Sentinel, represented by Hyde County attorney Tom Davis, filed an Open Records complaint against the board on June 9.
Since that time, Leidy has been retained by the board to represent it in all pending litigation between the Sentinel and the agency.
The order signed on Monday also addresses minutes from a nominating committee meeting held on Dec. 18, 2008. The committee met in the morning before a full board meeting and reconvened in the afternoon following the meeting. Minutes of the first session have been released, however, the board now admits there are no minutes for the afternoon session.
Leidy said that he expects the afternoon minutes to be available this week. The purported minutes from the morning session are being challenged by the Sentinel because they are of a closed session and the newspaper maintains that board actions and members of the board can not be discussed except in open session. The minutes also include a redaction that the Sentinel questions.
Other unresolved issues of contention in the Sentinel’s complaint include minutes from three other closed sessions which don’t appear to meet the level of detail as required by law. A court date is expected to be set in the near future for a judge to hear evidence and to decide that portion of the case.
by Daryl Law, Sentinel Staff Writer