From Mountain Xpress (1/7/10): The Carolina Stompers, a conservative activist group, recently wrote a letter to the North Carolina Attorney General's office querying the legality of Buncombe County Commissioners' handling of a decision to keep prayer at their meetings. According to the Stomper’s Jan. 6 press release, "Commissioners 'polling a consensus' of each other to be it by phone, e-mail, or meeting is a violation. This should be done in a public, open, and transparent regular county commissioners meeting."
Late last year, commissioners met in closed session to discuss the issue after learning about pending court cases elsewhere in the state concerning the constitutionality of praying at an official meeting. Over the holidays, commissioners reversed themselves, noting that Chair David Gantt had informally polled fellow members and came to a consensus. See click here.
The group’s released statement is below.
The Carolina Stompers recently sent a letter to the NC Attorney Generals Office in regards to a closed door meeting the Buncombe County Commissioners had about removing prayer from the beginning of each county commissioners meeting. Attached is the letter.
We feel that this meeting was in violation of NC general Statute 143-318.11 Closed sessions. It states that – “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 issue surfaced after commissioners talked in closed session Dec. 1 about a lawsuit challenging similar prayers at Forsyth County commissioner meetings. County Attorney Michael Frue said at the time that commissioners had decided to switch to a moment of silence, but commissioners Chairman David Gantt said no decision had been made. The Carolina Stompers want to know the truth and why, (in the closed meeting), did the county commissioners order county attorney Michael Frue to issue a letter to local municipalities of the County Commissioners decision to do away with prayer.
We further more feel that commissioners “polling a consensus” of each other to be it by phone, e-mail, or meeting is a violation. This should be done in a public, open, and transparent regular county commissioners meeting.
Since writing our letter, we have spoken with Mrs. Susan Nichols of the NC Attorney Generals Office. She told us that the Attorney Generals Office does not investigate Public Integrity issues and referred us to either take elected officials to court ourselves or contact the School of Government at Chapel Hill NC. But according to the NC Attorney Generals website:
“Public Integrity”
“Government employees and elected officials have a responsibility to respect the law, act ethically and conduct their work in a transparent manner. Attorney General Cooper and the Department of Justice help you know what your rights and responsibilities are under the law and actively investigate and prosecute officials who violate the publics trust.
North Carolinas Public Records and Open Meetings laws provide the foundation for knowing what government officials and entities do. North Carolinians are generally entitled to see any public record. Public bodies must generally conduct business in public.”
Mountain Xpress Staff Report