001call the specially called meeting to order. Um, before we get started, uh, I'm going to ask that I see that there's a lot of signs. I'm going to ask that we keep them lower so that you are not blocking the people behind you and causing distraction. Um, we appreciate your presence and your engagement in local government. While we recognize that this may be a sensitive topic for some, we kindly ask that you remain calm and respectful throughout the meeting. To ensure a productive and orderly environment, any disruptions or outbursts will receive one warning. If the behavior continues, the individual or individuals will be asked to leave. Thank you again for being here and for your commitment to our community. Miss Buoie, will you call the role? Good afternoon. Melissa Mason, here. Jesse Barnhart, here. Pat
002Bradford I am here. Judy Justice here. Dr. Tim Merrick here. David Perry here. And Pete Wlebore present. All right. We are going to have an invocation and then the pledge of allegiance will be led by uh Mr. Wibbore. Hi, my name is Matt Morhead and I'm one of the pastors of Crossway Chapel of Wilmington and just wanted to thank you all for the way you serve our county and our area. Grateful for each one of you and privilege to be able to pray for your your meeting today. Uh God, I do want to thank you uh for each person represented in this uh in this meeting in this leadership team. uh for the board of education. I'm thankful for the role that they play in serving the students and families and individuals in our county.
003And um God, I ask for your your blessing on this time today and their meeting. I thank you for uh the ways in which you have guided and strengthened them uh during this complicated and difficult season. And I pray that you continue to grant wisdom where they lack it. Uh your word says uh that it's good to give thanks to you uh for all the good things you have done. And your word also says that whether we lack wisdom that we should come to the one who provides the wisdom that we just simply do not have on our own. Um the God of Abraham, Isaac, and Jacob. Uh and so we we uh we ask on their behalf that you grant them wisdom where they lack it. That you grant them unity uh where they
004need it uh where they uh need vision for the future even if that future is just a couple steps in front of them. That you grant them the the vision to see what needs to be done and how to lead well, how to serve well. And I pray you'd strengthen them for that task. Uh but thank you for the teachers uh for the administrators and uh for the the board as well and just the the way in which they serve and lead um the education system in our county. And I ask that you go before them and in this time that you truly superintend their time that there be a humility and graciousness in the way that they're able to operate with one another that would would help them to effectively serve um our county.
005Thank you for your kindness. I think you you put you put people in positions of leadership and service in order uh to benefit um our city and our county and I pray that that their leadership would do just that. Uh thank you for your kindness to us. Grateful that you are ultimately the one that we trust in. I pray that we would do that more and more each moment and each day in Jesus name. Amen. Amen. I pledge algiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. [Music] That is a warning. We can clear this room. This is a privilege for you to be here. Please find a seat. I will entertain a motion to
006approve the agenda. So moved. Second. Any discussion? Yes, please. Madam Chair, Dr. Merrick, uh, I think that we cannot approve an agenda for a meeting that is out of order. Uh, let me explain why I think that's so. To begin with, I was not afforded due process to consult with an attorney and to prepare a defense. C. Roberts rules of order 635 and 6321. Point of order. The audience is I'm sorry. You need to find a seat. That's a fire. That's a fire code violation issue. You need to find a seat. And Madam Chair, Madam, we have staff that will that will deal with it. If you have a seat next to you, just raise your hand, please. And Madam Chair, would it be possible maybe to order to shut the back doors so we
007don't hear the noise from the foyer? Um, yes. Um, can we can we shut those back doors, please? May I continue, Madam Chair? I want everybody to get seated and then you'll have because there's a lot of there's a lot of noise right now. So, As you are coming in, there will be people with their hands raised that have seats next to them. I ask I had a question about capacity, so I'm trying to wait for that. Thank you, Madam Chair. We are at capacity. Okay. I don't know if we have enough seats. Are there chairs upstairs? Well, there's there's a limit for if we are at capacity. Are we Mr. Silverstein, you can grab those seven chairs right there if you need to. And are the doors are the doors now closed? Okay. Yeah,
008they are. Thank you, Madam Chair. There's nothing is being said right now, so you're not missing anything. I promise. All right. Thank you for finding seats. If you do not have one, please find one. I see that there are some people in the back. You need to be sitting. Fire code. Please find a seat. There are seats right up here. There's three more chairs up here. And that is it. Guess this is a preview to 2026. Okay. Dr. Merrick, you may continue. Thank you, Madam Chair. As I was saying, I did not get due process. Robert's rules of order suggests um 30 days is recommended, not the four days that I was given. My requests for continuence were ignored. not even denied. But beyond that, there are proper procedures that were not followed. Uh in
009our policy 2120 and in the North Carolina general statutes, it says the board will adhere to the disciplinary pro process outlined in Robert's rules of order. Chapter XX deals with disciplinary procedures. Censure is a disciplinary procedure by definition and itself is a penalty. In 6122, it states that if an alleged offense took place outside of a board meeting, there are concrete steps that must be taken and none of those multiple procedures were followed. Now, I believe that the chair will argue that those steps can be bypassed based on a footnote in Robert's rules of order 612N1, which allows a censure to occur without due process or following procedure. Our lawyer, based on an online blog, agrees, though he admits he's not an expert on Robert's rules of order. After brief consultation with attorneys and a
010lot of common sense, I will argue against that opinion in two ways. First, in the footnote, it states, "It is possible to adopt a motion of censure without formal disciplinary procedures." And the important words in that sentence are adopt a motion. That means a motion has to be profered and then seconded and discussion and then it has to be adopted. Um that's not done. Uh it all has to happen at an open meeting. So calling a meeting for censure with the resolution already written without an adoption uh adopted motion is all out of order. It's also improper for the board chair to act unil unilaterally without the approval of the board. The chair also must ask for a motion of censure. Uh they cannot do it uh themselves. But wait, there's more though. This part
011is hard to follow. Oh, no, no, no, no. Please. This this is actually kind of hard to follow and I don't want to lose you, so stick with me for a second. Um the basis for censure without formal disciplinary procedures as stated in that footnote uh where in a penalty of censure may be voted on. It only can happen in a meeting where the action or inaction the the offense took place. So if we're in a regular meeting and someone does something inappropriate, you can move right then for a censure. You cannot do it for something that's happened outside of a meeting. For that you must follow proper proceedings. Um again in 637 clear procedures are laid out that uh must be followed in the case of a disciplinary action when it involves a member's
012actions outside of a meeting. Each one will require a resolution and that resolution needs to be adopted. Uh they are creating investigation investigatory committee report of the committee and if warranted preferral of charges formal notification of accused and a trial. The chair made herself judge and jury by doing her own investigation and preferring charges without the board's approval. I won't bore you with the more than six other ways that this meeting is out of order because I don't want to take up all that time. Um, and I know that this board's going to do what they want to do, but I would hope that they would have more respect for our policies and our state statutes. And I would hope that they would want to get at the truth of what really happened. Therefore, due
013to the fact that the motion for censure is out of order and therefore the meeting is out of order, um, I move to adjourn. [Applause] I will have order. [Applause] Order. Madame chair. Do the deputies have permission to remove disrupy? Yes, the deputies do have permission to remove anybody who is being unruly. Miss Justice, you can all go. Miss Justice. Yes. In light of Dr. Merritt's uh statement, I move that we um take this resolution. He made a motion. The motion on the table to adjurnn. To adjourn. Oh, why second that? Any discussion? Mr. Perry. I would like to ask our attorney to um give us his opinion on the um the whether this proceeding is in order. Please do. No, in um there's a that's not madam chair point of order. Chapter he's explaining
014there is indeed a footnote in um chapter 61 of Madam Chair we have a motion on the floor. Correct. and and request for this is discussion and there was a request for legal advice on German. You can ask for legal uh advice on a German but not to go back to everything I said. Rule on your point, please. I I find that not well received. Please continue. I appeal. I appeal. So there is a motion to appeal the decision of the chair. If you believe that I have made a decision in error, please signify by saying yes. If you believe I have not made an error, signify by saying no. Miss Buoie, will you call the role? Mr. Perry, no. Miss Justice, yes. Miss Barnhard, no. Miss Mason, no. Mr. Wore, no. Dr. Merrick. Yep.
015And Miss Bradford. No, that fails. Okay. Okay. Clear the room. I think it's about time for people to go. Officers, can you clear the room, please? Man, we got to actually ask what one particular person can't get here. [Applause] Well, I appreciate the support. Perhaps we can keep the order a little bit so we can get through this process. Open this. Open. Thank you. Sir, you can have a seat, please. You'll have to talk to technology about that. I'm just here to help. Thank you. It still seems like it's I declare a recess recess. [Music] on you. Shame on you. Shame on you. [Applause] I know you have a right to have free speech. Absolutely. any of these people right here want to remove one individual person they can do so if they ask for
016us to say that person needs to be removed due to his or her actions we can't just be a particular request. Nope. This is not a question and answer. [Music] We are back in session. There is a motion on the table. um to adjourn and we requested some counsel from our attorney if you could sir. Um and I think the question Mr. Perry had asked was about the Robert School's view of this and can I put a pin in that for just one second? We're going to vote on the adjournment motion and then we'll come back to this. Okay. Thank you, Madam Chair. Miss Boo, will you call the Mr. Perry's not in your room? Um this is there this is the motion to adjurnn um that we're going to vote on and then we
017will get counsel from our attorney. Um unless we adjourn. Miss Buie, will you call the role to adjurnn? This is a motion to adjurnn. Nay. Miss. Yes. Miss Barnhart? No. Miss Mason? No, Mr. Wore. No, Dr. Merrick. Yep. And Miss Bradford? No. All right. Now, coming back to the original motion which which was to approve the agenda. There was some some statements made. If you could provide clarity on that, Miss Justice. I move that we table this due to the fact that giving him due process and time to settle this in a much different manner. Correct me if I'm wrong, but once we have made a motion and another motion has been made, a third one cannot be made on top of that. Correct me. Uh, Mr. Blanchard, can you I believe you'd be correct
018there. I am correct. Okay. Sorry. That is not point of order. A movement to table is a subsidiary motion. It absolutely supersedes the motion on the floor and it can amend an amendment. A subsidiary motion to table is legal. Look on uh table T6. An an would you like for me to respond? Please, please do. Um an emot a motion to lay on the table is used only to set aside a pending motion to take up something more urgent. And I guess the other the the other thing here um the motion to for us to adjourn has already been voted down. So that's not a pending one. The only one that's I I can't believe I remember what's left I think is the appeal of the chair's decision. That was done. No, the original motion
019is to approve the agenda. Okay. Then I guess we would go back to that if you laid this one on the table. We would if if you look at it that way, it it doesn't stop the meeting. All it does is back you up to the more pressing matter that's left. Thank you. All right. So, there is a motion on the table to approve the agenda. Miss Buoie, will you call the role? Miss Bradford? Yes. Dr. Merrick? No. Mr. Bibore? Yes. Miss Mason? Yes. Miss Barnhard? Yes. Miss Justice? No. And Mr. Perry? Yes. Okay. Um, Mr. Perry did have a question um for the attorney. So, if you could speak to M Mr. Perry's question and then I will um present the proposed resolution. Um that that issue about discipline under Robert's rules and chapter
02020 starting with section 61. There there there's a footnote that explains that um it a motion for censure can be adopted without formal disciplinary procedures. the commentary to Robert's rules because some of these things seem somewhat contradictory in places. For example, in this chapter 20, if you were to go through formal disciplinary processes, you would do it in closed chambers. You would do it in a closed session. The uh the allegations or charges, so to speak, would remain confidential. Well, obviously you can't do those things in a public body because North Carolina's open meetings laws, public records laws prohibit that. So, you know, our policy says that we're going to follow Robert's rules to the extent that it doesn't conflict with state law. So, there's one example of a conflict. But back to the narrower
021question of how Robert's rules treats this even for um private parties. A motion to censure absent an attached punishment. You are allowed to do that under the prevailing view. And when I say the prevailing view, I'm looking at Robert's Rules official commentary on their website. the official Robert's rules of uh rules of order newly revised forum forums. The universal opinion on that is that the one thing one if you want to call it a disciplinary action that you can take without going through the disciplinary process formal processes is a motion of censure because it just expresses the board's opinion. That's it. It's a pure expression of disapproval in the motion case of a motion for censure. In fact, some of the commentators have even suggested that you could do it without a member present, which
022would be no process at all. Now, in a circumstance like this, the process that you get would be during debating the motion to adopt a resolution of censure. People get to talk. That provides an opportunity to air out your side, so to speak. Um if you want there is even an article on this topic if any of you are interested in going back and getting parliamentary journal. Um the article is called censure penalty versus motion and it's published in the April 2012 volume. So what I'm telling you is the that view of it um is the accepted view. Now I have shared that with multiple board members um and I I believe actually Dr. America and I had had a discussion for example and uh the chair and about that issue. So I I I
023I think this one if if a motion for censure uh to adopt a resolution of censure isn't proposing that the board itself take action um beyond that you're clearly allowed to do it without stopping things to go through the formal disciplinary process. Just as an aside, looking at all the other public bodies around the state, that's the way they handle it, too. Um, you know, this is not a situation where you have to have a full-blown trial. So, that's my view, but I think the the Madame Chair, back to the question, I don't believe it's out of order to proceed this way, but thank you. All right, continuing on. Have my hand up for a while. Um, we need to continue on. This has taken um 25 minutes and we haven't gotten to the resolution
024itself and there is further discussion that's needed to be had. If you can keep it brief then please. Thank you madam chair. Appreciate that. Um the attorney just said that is you know if it's not a penalty then it's uh can go under this no no trial thing. But 6115 lists possible penalties as apology, censure or expulsion. 612 punishments fall under the heading of censure, fine, suspension or expulsion. Clearly, censure is a penalty and a punishment. So to say that we can have a censure without it does not fit. Thank you. That has been voted on. So, continuing on um the presentation of the proposed resolution, whereas allegations that certain board members had potentially violated board policies 2010 and 2122 and other provisions dealing with the proper roles of the board and superintendent in handling
025personnel matters, including including employee supervision and disciplinary actions, have recently been brought to the attention of board chair Mason. And whereas upon investigation of these allegations, board chair Mason concluded that the allegations were were credible and specifically determined that the evidence supported the conclusion that board member Dr. Tim Merrick had violated board policies by intervening in an employment matter that involved an employee disciplinary disciplinary action and that board member and that board member Dr. Merrick's actions directly undermined his ability to impartially and fairly carry out certain of his judicial functions pursuant to board policy 1010 performing judicial functions regarding personnel matters. Board policy 2500 hearing employment grievance appeals board policy 2322 remaining impartial in judicial matters and North Carolina general statute 115 C-45C3 and that the circumstances suggested that board member Dr. Merrick was aware
026that his actions likely breached his obligations to the board and the school system. And whereas board chair Mason determined that corrective action was warranted and further determined that the appropriate corrective action would be to suspend board member Dr. Merrick from participating in committee assignments for approximately two months to allow time for him to demonstrate a willingness to carry out his duties in compliance with board policy. And whereas board member Dr. Merrick subsequently sought to evade and/or frustrate both the intent and substance of the corrective measures directed by board chair Mason by directly contacting other non-board committee members and soliciting them to invite him to join in committee meetings as a concerned citizen. And board member Dr. Merrick further agg aggravated the situation by disclosing details about the specific personnel matter that formed the basis for
027his suspension from committee assignments in violation of board policy 2125/7315 describing confidentiality of personnel information and potentially in violation of article 21A of chapter 115 C of the North Carolina general statutes. And whereas due to the seriousness of these violations and what appears to be a demonstrated pattern of disregard for board policies and the lack of remorse, the board desires to take action to protect the rights of the school system and to uphold the standards, reasonable expectations, and integrity of the board. Now there therefore be it resolved that the new Hanover County Board of Education does hereby censure board member Dr. Tim Merrick and express its strong disapproval of his actions for the reasons articulated above. Now I will entertain. Madam chair, I make a motion that we go into close session pursuant to what
028is posted. [Music] Thank you. All those in favor signify by saying I. I. Opposed. Opposed. Opposed. Okay, that passes 5 to two. We are enclosed. Pass those down. is on her way back. Okay. All right. We are back in open. Um, continuing on, um, I know that there's going to be discussion and so I want to establish, uh, a couple ground rules for our board members. Um, these are consistent for every board member, uh, no matter who they are. Um, let me find my lots of documents. Are these working? Uh, is this on? Am I good? Okay. Um I'm being told that the mic is on. I'll move it closer. Um so the rules for this deliberation and action. Um I am giving each board member two opportunities to speak. Uh the topic of discussion
029will be so focused solely on the resolution presented. Any other topics will be ruled out of order and all discussion will remain civil. Um, I believe before we can have discussion, we do need a motion. I make a motion to support the resolution by the chair as presented. Is there a second? Second. Okay. Now, we may have discussion. Let me I would like to make uh just a comment that I appreciate the equality that each of us get. Um, considering that that you're trying to censure me, I believe I should have a slightly uh better chance to explain myself and to to uh afford me a defense. I was not afforded time to meet with a lawyer. I did not have a lawyer present and I think I should just have a little bit more
030grace on that one. This is in reference to the motion. That's what we are having discussion about right now, not about the rules that I have established. Um, so the motion was made to adopt the resolution. Um, is there any discussion, Miss Justice? Wow. Um, I I know that we all are up here because technically we keep saying we care about the kids and what's best for our schools. Uh can't you can't hear because okay maybe can you hear me okay over there? Okay. Okay. We are here because technically we all ran for office and say we are here what's best for our kids in order to do what's best for our kids. We always we need to look at what's best for our staff because those are intertwined. You can't separate them. Um this
031all revolves around our staff and supporting them or not supporting him according to some people's points of view. Um and I said this earlier that I've got more experience on the board uh than except I think Mr. Raer both got the same amount. So we we we will do things a lot more thoughtfully and experienced than say the new board members. Mr. Merritt's one of the newest, Mr. Perry. Um, mistakes are going to be made until you get your feet on the ground. And when you're trying to support the staff, you don't always, you know, until you get that experience, you don't always possibly think in the way that policy comes first. And I think this is what has happened in this case is that you can find policies just about for anything. And our
032policies do conflict at times. But this be, you know, the behavior that he's being accused of, uh, worthy of censoring, and I've said it, I think it was a rookie mistake, but it was done in the best of intentions, and it was protecting in his mind, and I was actually involved in the same pattern, but I knew what to do. I I referred it to policy because I'm experienced and he wasn't. So, at at this point, I I think he's learned. We've all learned. I don't believe that we need to be doing censoring. The level of this reaction is out of bounds as far as helping our kids and our staff. Please don't do that. You [Music] guys, I know I'm, you know, I pause for a second. I'm trying to make sure that all
033board members have the opportunity to speak. And when you are loud like that, Miss Justice doesn't get that opportunity. and Dr. Merrick doesn't get that opportunity. So, please give Miss Justice the respect to let her finish her thoughts. Um, I I really I I really know you guys are all here for the same best intentions, the same way Dr. America is, the same way people give voice up here to saying they're doing that. Um, I really wish that we would not have this motion pass. I wish that we would just go right ahead and move forward without any form of censoring. It's not going to have any effect except he's now been censored. And I've been through this process before and it actually I've said this, it actually helped me. Um, and at this point
034it looks like it possibly have has helped, but it's not helping the board and it's not helping the kids. So this please let's not go further. This is my take. We really going further in this is not serving anybody. We've learned a lot and we need to work together for what's best for the kids. Dr. America, his hand raised. Well, I have a lot of insinuations made about me and have a lot of uh accusations made about me about this resolution and uh I would like to answer them uh one by one. Um, the first one that is mentioned in the resolution is is policy 2010, the board and superintendent relations. I know that a lot of folks out here don't know what the policies are, so I'll try to do my best to explain.
035In terms of board and superintendent relations, I think I have a pretty good uh relationship with our superintendent. We don't always agree, but we speak candidly and we respect each other. What I think the sher is saying about this specific incident, although it wasn't clear in the resolution, is that she feels I interfered with the superintendent's duties. I decrieded an unfair and hateful policy that was impacting a staff member. I believe and the staff members email supports that my conversation felt supportive and they were grateful for it. And in fact, policy 10:10 states, "The board considers some of its most significant duties to being an advocate for our employees. Our staff members need advocates, especially in the face of dismissive and damaging policies." So to say I was interfering with the superintendent seems also contradicted
036by policy 2122. quote, "Board members are always available to receive input, comments, and complaints from parents, employees, and members of the public." Hold on. Uh, just let me, it's going to take some time, so I appreciate you, but let me let me talk. Open communication between the public and board members is valued and encouraged. Board members may be contacted by telephone, email, or other modes of communication. It's also important to remember that I didn't give up my first amendment rights to speak with a constituent who contacted me about their difficulties. The next one is the role of board members in handling complaints. That's uh policy 2122. In this uh I think it's been suggested that my actions interfered with a potential disciplinary action. There was no disciplinary action and I can't be accused of a
037hypothetical future event. In fact, I encouraged the staff member to follow policy even though I thought the policy was very unwise and I had no problem exercising my first amendment rights to say so in support of a staff member on the brink of quitting because of this policy. This policy also says I must stay neutral on matters that come before the board in a grievance hearing. In fact, on the issue of guilt or innocence of the staff member, I never gave an opinion. I was absolutely neutral. My opinion about policy is not the issue of the grievance committee. The grievance committee does not rule on an immorality of a policy. So let's talk about the board's interference. The superintendent's house ruling on the book stamped that happened. The teacher involved was maligned. Okay. Sir, we
038need to keep it gerine to this particular Well, I I I I hear you say that. I I agree that this is not directly in the resolution, which is why we need to stay gerine to this resolution. Please. Yeah. Though uh the policy states that the board member may refer the complainant to the superintendent, it does not say must. And for those of you in the legal field, you know there's a big difference between the word may and must. I was also accused of uh violating 1010 board authorities and duties performing judicial functions by conducting hearings as appropriate or as required by law regarding decisions of school system personnel or the board. Again, there was no judicial function pending and unlike some of our state supreme court members, I declared I would recuse myself. However,
039as stated already, I remain neutral on the question of guilt. Um, there's another uh policy mentioned in in the resolution uh 2322, but there is no such policy, I think. And I I'm I'm going to take a guess here that the policy was actually 2342. Um, and so let me answer that just in case it was this policy. Um, the the chair meant to say that I broke uh, while I shouldn't have have to defend it because it's not actually a resolution, let let's try. The policy states a board member must vote on all issues unless the member has a conflict of interest or is unable to remain impartial in a judicial matter before the board. If a board member recuses himself or herself from a vote, the member will state the reason before the
040vote is taken and the reason will be recorded in the minutes. It doesn't say if a member recuses themselves, they will be censured. There was no hearing to recuse myself from and so no reason to a bridge my first amendment rights. Uh the next thing I'm accused of is a little disturbing because I'm being accused of uh violating a state statute. uh and it is state statute 115 C-45C3 appeals to board of education. An appeal shall lie to the local board of education from any final administrative decision in the following manners. The terms or conditions of employment or employment status of a school employee. This reference to the North Carolina statute was included, I presume, to make this case seem more official or to intimidate me. It has already been answered above. I was not
041in involved in a grievance hearing. There was no grievance hearing. Um so even so I had already said I would recuse myself and that is not a censurable item. Our attorney has also assured me that this charge, this uh thirdderee misdemeanor charge uh would never stick in court. further proof that its inclusion here is largely for intimidation. Uh boy, how far do we go on this? Um 2125/7315 is a policy around confidential article uh around confidential information. And for time, I'm going to answer it at the same time as the uh the assertion that I violated article 21A of the North Carolina General Statute 115C. This relates to an employes's personnel file. And I know that the news has picked up with the idea that somehow I went into this this teacher's personnel file and
042uh made it public. Anyone who thinks I had access to or shared information from a personnel file is grossly mistaken. I don't even know where these files exist and I don't know how to access them. However, if taken to the extreme, the extreme definition of a personnel file would be simply if I told someone's name or their social security number, uh that could be considered uh personnel file. Um I didn't I was very very careful because this teacher was so scared of retribution. Uh I have not given out that information. I've been very careful. Beyond this and quite importantly, two legal opinions I received this week uh said that because the staff member approached me and gave me their information. They surrendered their rights to confidentiality. I'm not an employer. So I heard from our
043lawyer that says, "Yeah, but there's an employment situation where you're the employer." I am not. I only have one employee and that's sitting two doors down here. Uh I am not an employer for the students or for the for the teachers. Despite this, I have worked over time to keep the identity of the staff member private because this district and especially this board has a deep and strong history of reputation for reprisals. I understand why this teacher was scared. Now, hold on to the accusation and I I I told I told the chair this. There's also uh the accusation in there that I frustrated her attempts to follow her discipline. According to policy 23 uh 2230, a chair makes policy uh makes committee assignments once a year. It does not say in that policy that
044the chair then can take them away. It has been our tradition and I'm willing to follow the tradition. But it is not policy. By a strict legal interpretation, I was allowed to be in that meeting because I'm a citizen and you can't tell me I can't go to a meeting. But even though it's not improper, I get that it felt like a like a stab or as she said, it felt like I was giving her the middle finger. And maybe I kind of was, not consciously, not consciously, but I was upset because I felt I was trying to help a teacher and I was being punished for it. And maybe I didn't do it quite the right way. Maybe I I I I could have had extra steps in there. Maybe I could have said,
045"Hey, let's talk to the superintendent. Let's do this. Let's do that." I agree. Maybe I wasn't perfect. But there's a difference between the intent and the letter. I was there standing in support of a teacher who was terribly afraid of public reprisal, of losing their job. And even though you know the superintendent will tell you no that was never going to happen. How do they know that? So I want to apologize to madame chair that I sat in that meeting and that I told other people, hey folks, I can't come to your meeting because she told me I couldn't and I don't think it's right, but so be it. So in some ways I was not improper but I was impertinent. That's the word I'm looking for. and the this committee is going to do
046what they're going to do. I I don't have any uh questions about that. But in closing, two things of the utmost importance I need to say about this decision. The staff member in question has asked this board not to censure. The staff member who these guys are saying I somehow stepped on their rights. That staff member wrote to the board and said, "What are you doing? Shame on you." That's important. Oh, no. Don't. That staff member, Here's the other thing about that. That staff member wrote anonymously to the board. And what does that tell you? We have a lot of work to do to regain the trust of our teachers, our students, and our parents. But that that also includes me. I also have to be more careful with the policies and even if I
047didn't violate them as one of the members here said boy I was right up to the edge of it you know and in order to gain the trust of this board I need to be more careful there's a difference between being an advocate and an an activist and a and a and a diplomat and I fear that I have I have emboldened I have supported many of the people in the public through my activism, but I also have to to measure that and be diplomatic as well. So for that, I apologize. Thank you, Mr. Perry. Um, yes, thank you, Madam Chair. Um, I too am a new board member and uh I've made some mistakes already on policies and other actions of mine and I'm not going to get into them all now, but I'm
048on a learning curve too. I think the important thing to do is when when we do make mistakes, I'm human. I make them is that we try to rectify them, apologize for them, and move on and try to not do them again and learn from them. And I am actually less concerned with what actually happened in the initial incident than what happened after. We want to hear from our teachers about general policy matters. We want to hear from all of our teachers regardless of whether they believe what we believe. We want we want their input. But when it comes to personnel issues, we have to it's very important that we stay out outside and let Dr. Barnes do his job because we are the last appeal. I'm short of court. Um so, you know, if
049Dr. Barnes is not implementing it right, if they would if he's too harsh, then they can come to us, but they can't if we're not impartial. We have to recuse ourselves. And then this teacher might have lost if it ever came to us. Now, now Mr. Merrick would have to recuse himself and have one less person uh that might vote for them. So, this is um I think it's very important that this has nothing to do with our differences on LGBTQ issues or any of that or the display policy. This is this has to do with are we going are we going to let Dr. Barnes do his job and then are we going to respect our chair? There was a there was a possible when the initial uh suspension which I believe is a
050disciplinary action was was made by our chair. If if Dr. Americ thought that that he didn't violate the rules, our policies. If he thought that the punishment was too harsh, he could have appealed to our entire board and and we could have took it up and we and maybe found in his favor. But he didn't do that. Instead, he looked for he he went around it and tried to sidestep her orders not to be on committees. So that for those reasons I I think it's and then he further exasperated by telling everybody on the committee about why this was happening. Look, I've made mistakes but the problem the problem I have in this case is sometimes the you know as they always say sometimes the covers worse than the crime. But um it's we we
051have to I we have to learn from mistakes and I made plenty of them and I probably will make some more but we're all human. But um I appreciate that Dr. Merrick's trying to do what he thinks is right. And uh but in this particular case, he could have come to our chair a lot sooner, way before yesterday, and and try to work this out. And you know, instead of going to the media and painting this as some kind of we're censoring for free speech, we're going to keep it relevant. That's why I'm probably in favor of this. All right. Thank you, Mr. Perry. Um Mr. Wore. Thank you, Miss Mason. Um, I know some of you might be trying to interpret this discussion as a political move by our chair. I want to remind
052you, we will afford all members the right to speak. Please. I want to remind you that a few short years ago, we had a similar situation in similar meetings. And at that time we had a Democrat as chair and she brought a motion against of no confidence and a motion of censure against another Democrat. I voted against the motion of no confidence but it still passed. What I said then still stands now. I don't feel that this motion will accomplish much nor will it move to bring the board together to do our best for our students and faculty of New Hover County Schools. However, in this case and from what I've heard today, it is very evident that the chairwoman has tried to work through the situation with our fellow board member, but he has
053not complied with her directives. So, that's what I've heard. Thank you. Thank you. Did you Miss Bradford today is about ethics and accountability in government in governance. the ethical requirements that we as elected leaders have in following the law. And it's about avoiding impropriety, the appearance of impropriety, and performing faithfully, modeling civility, respecting confidentiality, and not overstepping or usurping or defying the authority over us. It's about holding everyone to the same standard of conduct. We have five jobs as board members. Just five. And you may not know this. To achieve the academic success of our students. We hire and fire the superintendent. We set the curriculum and the vision for the future. We set policies for teachers, for students, and administration. We manage the budget. And we manage the infrastructure. Those are our jobs. Everything
054else is under the purview of the superintendent, our only employee. Now, those 3,300 employees all work for our superintendent. They do not work for us. We are a governing board. We're the second largest employer in New Hover County. He's the second highest level, largest crowd CEO in New Hover County. There's a very clear chain of command in any business structure, any structure whatsoever. In our case, it goes from the teacher in the classroom to the assistant principal to the principal to the executive director to the assistant superintendent, then to the superintendent. Each one is involved in any concern or action that that teacher or coach or bus driver or or or the bottom line. There's clearly a chain of command. Board members do not get involved in the day-to-day running of the school district. We
055don't manage the employees. It's not our job. And when we start doing the superintendent's job, when we insert ourselves into the chain of command, or conversely, when the superintendent inserts himself in our job, we've operated outside of our boundaries, and we start chaos. When we were elected, we were sworn, we swore to abide by the laws and the policies of the board, even those that we don't like. Miss Bradford, can you pause? Can you please put your signs down? You are blocking the people behind you. Thank you, Madam Chair. When there's a violation of the code of ethics or even the law or when a board member goes outside of their lane without consequence, when we disregard those things or you usurp the authority of the superintendent or our board chairman, things start to unravel
056rapidly. Every year, we elect a board chair as to lead our board. We're a governance team led by our chair. The authority to correct our actions rests solely in the chair. Now, one question we're considering today, if a staff member employee violates a policy, do we expect the superintendent to hold that staff member to the policy? And obviously, the answer is yes. However, when a board member violates a policy, can the superintendent and our staff expect the board chair to enforce that policy and hold that board member accountable? And the answer is yes. We've referenced policy 2120. There's more than 20 tenants in that policy. When elected, we raise our hands and we swear that we're going to abide by the laws of the state and the policies of the board. Now, let me give
057you just a little analogy in case you're having a hard time wrapping your mind around this. The hospital point of order. Madam Chair, please pause. Miss Bradford, I cannot hear Dr. Merrick. When we're talking about respecting policies, we need to respect our audience. And that was a clear violation of our There's no place for that kind of talk. If you are standing, you will be removed. If you are standing, you will be removed because you are not abiding by the fire code. There was a point of order. Um, I move I determine that that is not wellreceived. Uh, Miss Bradford may continue. Okay. The hospital, we all know, is the largest employer in our county. Think for a minute what would happen if the hospital if a doctor or nurse or even a clerk objected
058to something they were told to do or not to do. They will take that matter to their superior. And if that doesn't resolve it, it goes to the next superior and it goes on up in the chain of command. At some point, it could end up in the CEO's office. Madam Chair, point of order. Relevance. Miss Bradford, could you move past the analogy, please? Okay. after hearing the evidence and seeing the complete defiance of the board chair's authority looking at policy 2120 and I'm happy to run down the 20 tenants of that policy of those I find about four of them weren't violated the rest of them I find that they were violated and I will support this motion thank you thank you uh Miss Barnhart Thank you, Madam Chair. Board members, with respect to
059the personnel issue, I will not be addressing the entire matter. However, I do want to take a motion from the board tonight to share the last email that Dr. Merrick shared in that correspondence. And so, I'd like to take a vote to share that so the public can hear it at this time. So, there sounds good. There is a motion on the table to hear the last part of the email. Is there a second? I'll second that. Okay. And point of clarity, Madam Chair, there will be no information revealed to identify our person because I believe in respect and dignity for everybody who works in our district. But I want to share this last piece. Okay. So that's my only discussion. So there is a motion on the table to share that portion with no
060names involved. Is there any discussion? Uh, yes, ma'am. Uh, uh, well, I'm going to let Miss Justice go in then, Miss Justice. Okay. I would like to hear from the attorney's point of view on this. Yes. Mr. Blanchard, could you speak to that, please? certainly not. But um on on that particular email, the the concern for um personnel privacy in it is is sharing information that would allow someone to identify a particular employee or a particular disciplinary action. if that would lead um to being able to point out who the employee is. I mean, I've I've seen that particular email and just a few moments ago. And I I I couldn't find a reason to withhold it if if you know if somebody made a a public records request for it, which I'm certain will
061happen as soon as we leave here. Um so I I can't think of any reason you you couldn't. Okay. Dr. Merrick. Again, I say the difference between the letter of the law and the intent of the law. I'd like to ask Dr. Barnes to speak to whether or not regardless of its legality, is it prudent. Go ahead, Dr. Barnes. My job, my job is to defend and and support the staff, the students, and the families of this district. I don't want any identifiable information that would indicate who this person is. All right. Uh Mr. Perry, quickly, um I ran on transparency, so I I know you did too, Dr. Merrick. We should try to get redacted versions of all the stuff that we reviewed in close session out to the people as soon as we
062can. So I don't see any problem with releasing this email now. Okay. So there is a motion on the table to um allow for one particular passage of this email with no identifying markers. Um Miss Buoie, will you call the role? Mr. Perry. Hi. Miss Justice. Yes. Miss Barnhard. Yes. Miss Mason. Yes. Mr. Wore. Yes. Dr. Merrick. Yes. And Miss Bradford. Yes. Okay. Uh, with that, Miss Barnhart, go ahead. Thank you. The last email was, "Please don't share my recommendations with the board. You could use the same reasoning along with your own very compelling reasons of why it's harmful policy with no upside. Be polite, but let them know how you've been affected. A colleague is having trouble with Outlook and may not be receiving your email. If she doesn't respond, take care and thank
063you for caring about our schools. Subsequently, there was two other emails following the discussion, the one-on-one private discussion on multiple times that our board chair had with this individual sharing and trying to direct how he is supposed to govern and follow policies because it's important to help guide when someone is new on the board. I want to acknowledge and thank my colleague for publicly apologizing at this meeting. Our chair has brought this resolution forward because the attempts to work with the colleague have not been effective. And so it is coming before this body as discussion because we want to work as a cohesive unit. And we have been the last few months we have been more intentional about being transparent being in schools. I was just in three yesterday working and talking with our teachers.
064The point in this discussion today is to understand that it is our job to work together. Our chair is bringing forth the discussion that it has not been working and bringing us as a public body. The only way we are allowed to do business is in public. We cannot the seven of us sit down and have a conversation like this unless if it's open to all of you and that is why we are here today and this is the discussion. Excuse me. Go ahead Miss Barnhart. The discussion today is understanding that in order to be able to have that cohesion is to be able to have honest conversations about expectations and holding people to the same expectations. That's the only way that we are going to be able to govern collaboratively and effectively. Thank you.
065Um I would like to speak and then I will afford you the opportunity and Dr. Merrick as well. Um many board members have mentioned the um repeated efforts that I have made um to discuss these concerns with Dr. Merrick. And so um without giving too many um details because they would share things that I am not comfortable sharing um because they would be violating policy if I were to share them. Um I met with Dr. Merrick on March 4th to discuss this and other ethics policy violations. I told him the consequence. We discussed in detail what this looked like. The attorney was with us as a witness and to ensure that Dr. Merrick had the dignity and the respect that I wanted him to have. As a mom and a leader and a teacher, I
066have learned that when someone if they have made a mistake, when they are confronted in a public forum, they react extremely negatively. they flip out, they retaliate. And so my goal, my goal for this board is if there is an issue, I will address each individual and not bring it to an entire audience of people. And I've done that. I've done that with other board members. Other board members have received consequences. So I met with Dr. Merik. I gave him my decision and we continued on. I followed up with that the following week to ensure that he received it and that he knew what was going on. And in that time frame, as he had mentioned, he reached out and participated in these committees as a private citizen, but also shared information that could identify
067this teacher. It could identify if you are a co-orker of this teacher, you would figure out who it was. If you are a parent of a student in that teacher's classroom, you could figure out who it was. If you were a student in that classroom, you could figure out who it was. That was bad enough for me. We're trying to protect our teachers. We're trying to make sure that they have [Music] reacting. Excuse me. Which individual was that? The one. Mhm. I think in this back corner. So, if the deputies can move over there, too. Um, if one of the officers could move in that general area, that would be spectacular, please. Thank you. We talk about respect. Um but and we talk about free speech but we're only allowing the free speech of the
068people that we agree with. Um you don't agree with me and you are interrupting. So if you do respect free speech you will let me say my piece. This is an indicator that you do not continuing on. Okay sir. Can you please remove him? Officers, can you please remove this gentleman right here in the black shirt right here? You are being disruptive. This one. Yes, please. It's all good. Please can I finish? It is imperative that we are fair with all board members. All board members. And whether people want to believe it or not, I have had conversations with Republican board members, given them consequences as well. It is my decision to make and that is why I brought this forward. Miss Justice the public. You're a servant. [Applause] Miss Justice. Okay. Um, I am
069so sorry that all this is going on because I really think our school district is much more there's so many wonderful parts of it. This is not the wonderful part what we're doing now. Some people would say this might be the making of a sausage. Problem is some of the things that were just stated by other board members. I'll go to Miss Bradford's concern about madam chair. Ma'am, do please do not mention names. I think you mentioned names. Thank you. One of the board's members mentioning about everybody following policy properly and if they don't they have consequences and the sensor is one. About a month ago I brought forward an I a resolution and I had it second to censor another board member and it hasn't been addressed yet. Uh, Mr. Keep it relevant, please.
070It's not irrelevant because we need to be doing things properly, then this should have been handled a month ago. Instead, we are now setting up here with an event that occurred after the fact of what I requested. So, you can't say that we're doing what we're supposed to be doing. Okay? I'm just saying that we need we Yeah, we need to be doing better. we need to be doing better and there is behavior that needs to be addressed and it's violation of policy and it's not just what we've talked about. So if we're going to go forward we need to handle these problems and um also the other thing that we're the situation the term that you use respect free speech um that people you know you don't agree with that's the same vein that's
071a lot of what this is about. Um there's going to be another election in two years and things will change again possibly and possibly not. This is the way of the winds of politics. But the what should always be important please keep us. Okay. What's always should be important is that we respect and support our staff and I think this is originally what was the whole purpose of what Dr. Merritt was doing. I think that's why you all are out here. I know that they have that's why Miss Mason is considering concerning she's trying to protect staff. So we're all on the same page in a sense, but we need to work together better and we do need to hold people accountable when it is outrageous, which I have seen. So we need to follow
072through with other things that I have requested. Please. Thank you, Dr. Merrick. As I said before, I'm fine with whatever you decide to do today. But when I hear these different arguments, the thing that goes through my mind is this concept of the impartial administration of justice. What that means is, are we applying these concepts across the board to all the different people? And I can tell you there's a lot of misbehavior out there that's not been addressed. Um, hold on. My primary concern right now, I don't mind you censure me, but this produces a chilling effect on our teachers that say they can't come to us. Policy 1010 says it. Policy 2120 says it. Our teachers need to be able to talk to us. We need to be able to support them. And you
073know, I even told them to follow the policy. Huh. Okay. Um, next is that if you're really concerned about this teachers being exposed, we would not be having this committee meeting right now. That's the irony that I'm talking about right now. Uh, this email uh that was read was read out of context. And you know, honestly, if you're going to read one, you should probably read them all, but it would take a lot of time. And what you'd hear was how compassionate I was being and how concerned I was for this teacher. Next, for one of my colleagues over here, I have one word stamped. For another colleague, I have the concept Katie Gates. Madam Chair, point of order. And for our panology, Dr. Merrick, there was a point of order and I do need
074to hear it. I didn't hear it. I'm so sorry. I was I don't think stamp is relevant to this conversation and I I uh rule that as well received. So, if you could continue on without that in case it wasn't heard so I will repeat it. Policy 2230 does not allow for the chair to take away committee assignments. So, every one of us here have done something. Okay. Impartial administration of justice. Mr. Perry, this is my second and last. Um, and I'm going to be very short about it because I think we need to move on. Uh, again, I will repeat what I said before. We want to hear from all of our employees, from the public, and from everybody with all of your opinions. I uh whether we agree with you or not, I
075believe that we have a responsibility to hear from everybody and to consider especially the words of our our staff and teachers when they come to us and hear them out. Doesn't mean we're going to agree with them, but we need to hear them out. Uh so any idea that we are against free speech or not or or that we don't care about our teachers is misplaced. All of us up here care about our teachers. All of us up here care about our staffs. They are the lifeblood of our school system. That's all. Right. Thank you. Um any of any other board members have their second opportunity? Miss Bradford, I disagree with the opinion and we have history to support my disagreement with the chairman of this board does have the authority to impose corrective measures
076when a board member steps out of line, breaks policy, or defies direction. These are privileges that are afforded to board members and at the sole discretion of the board chair to impose corrective measures, she can use them. He, she, whoever's there. A lot of this is about following the process. And it's the it's the main point here. Follow the process. We get a message that says, "Help me, please." We say, "Have you talked to your immediate supervisor? Have you talked to the AP? Have you talked to the principal? Have you talked to the ED? Have you gone up the chain of command?" Because ultimately that ends up in front of us in an appeal if it goes that far and they don't like what's happening. When you cross over from the process to inserting yourself
077into the problem, that's interference. And it cannot be allowed. It just simply cannot be allowed. So, Madame Chair, no matter what happens today, I urge you, I absolutely urge you to use your corrective measures to impose upon board members at your discretion. You don't have to have a vote on it. You have corrective measures at your fingertips. You have tried to use them, but you haven't used them to the full extent that you have the authority to do so. And I urge you to do that. Thank you. Any further discussion? Mhm. The last thing I want to say is being here today is because of the intentional usurping of direction of the chair. And so this is not about reaching out to an employee. Um I am not going to fully disclose the information even
078though part of it was leaked to the media. I would have to assume by who and I'm not going to make assumptions. Um Miss Burnhart, if I might, um I I have a bit of an emergency. I'm going to take a very quick recess. Um, okay. How long is the recess for? Do we get because he didn't get the message that I said to walk home. So, he's good. All right, we are back. My apologies. Um, Miss Barnhart, I'm so sorry for interrupting. It's okay. I'm I'm glad everything is okay. Um I was saying that we are here because of the direct actions that were defied by your direction and that is what we're here to discuss continuously to bring up a matter that we are not allowed to openly share the full story nor
079should we because we all care about our staff um is not the point of this. The point is talking about how the chair is brought to our attention after multiple attempts of trying to work in a collaborative effort with one of our colleagues. Thank you, Madam Chair. Um and I will close us. Um thank you all for participating for um remaining civil. Um and I am going to take all of this into consideration um moving forward. Uh, there is a motion on the table to approve the resolution. Miss Buoie, will you please call the role? Mr. Perry, I. Miss Justice, nay. Miss Bradford, yes. Dr. Merrick, no. Mr. Bible, yes. Miss Barnhard, yes. And Miss Mason, yes. This passes 5 to two. Um I will entertain a motion to adjurnn. Is there a second? All
080those in favor signify by saying I. I. Any opposed? And we are adjourned.