The Jackson County Board of Commissioners removed a plaque from a Confederate monument in early April without public discussion or a vote, likely violating North Carolina’s open meetings law.
Local governments violate transparency laws
North Carolina’s open meetings law requires :
Whereas the public bodies that administer the legislative, policy‑making, quasi‑judicial, administrative, and advisory functions of North Carolina and its political subdivisions exist solely to conduct the people’s business, it is the public policy of North Carolina that the hearings, deliberations, and actions of these bodies be conducted openly.
“Political subdivisions” include counties and municipalities. The law provides a limited list of circumstances where government bodies can conduct closed meetings, such as discussing legal matters with attorneys or preparing for contract negotiations.
As the John Locke Foundation reported on April 2, local governments use a variety of means to circumvent the law:
While journalists and citizens try to understand government actions, some governments exploit those supposed loopholes in the open meetings law to circumvent it. Local governments have declared meetings “informal gatherings,” restricted meeting recordings, and abused the allowance to hold closed sessions under limited circumstances.
The board of commissioners of the town of Huntersville, in northern Mecklenburg County, works around the open meetings law by conducting nonmajority agenda review meetings (also called “3-on-3” meetings) among the six commissioners. On the day of every board meeting, three commissioners meet in the morning, and three others meet in the afternoon to discuss the agenda for the official meeting later that evening. They have been holding 3-on-3s for over a decade…
Other local governments, including Charlotte and Asheville, have also avoided (or evaded) the open meetings law by conducting nonmajority meetings.
Jackson County Commission decides to remove a monument plaque without a vote or even a meeting
Jackson County erected the Confederate Soldiers Monument (known as “Sylva Sam”) 50 years after the end of the Civil War in 1915 at the county courthouse in Sylva to honor the county’s 164 soldiers who served in the Confederate Army and the people who worked to support the war effort. It was rededicated in 1996 to honor Jackson County veterans of all wars.
In the wake of the George Floyd civil unrest, the Jackson County Commission voted in 2021 to cover a Confederate flag on the monument’s pedestal with a plaque describing the monument’s 1915 dedication and 1996 rededication. They covered the phrase “Our Heroes of the Confederacy” on the base with another plaque that reads “E Pluribus Unum.”
Both plaques were removed sometime in early April without a vote from the commission or even a meeting:
On April 8, passersby noticed the plaques had been removed from the statue. On April 16, [ Jackson County Manager Kevin] King told SMN “There was no discussion in open or closed session about the statue. Each board member, individually, shared concerns regarding the plaque added to the historic statue at the old courthouse in 2020. After consulting with legal counsel, it was determined the plaque could be removed.”
King’s use of the passive voice here is interesting, raising the question, “Who determined that the plaque could be removed?” I emailed King twice to confirm who decided the plaque could be removed. As of the time of publishing, he has not replied. [UPDATE: King replied, writing “Our attorney indicated that it could be removed.”]
Since it took an action of the commission to place the plaque, it is reasonable to assume that it was the board that decided it should be removed. However, there was no public discussion or a vote. In addition, the series of conversations between King and board members leading to the decision to remove the plaque constitutes what the North Carolina Open Government Coalition refers to as a “fragmented, asynchronous meeting of the full body.” As such, it likely violated the state open meetings law.
Jackson County commissioners heard comments from the public on the plaque’s removal, but only several weeks after it was removed.
The Jackson County Board of Commissioners has the authority to remove the Sylva Sam plaque. It does not have the authority to violate North Carolina’s open meetings law while doing so.
