to the taxpayers. That decision to not comply with the Court Order and run up legal bills, was made outside of any known public record by Town Manager, Scott Whitaker, mayor pro tem Dena Barnes, and council members John O’Day and Reece Walker, and town attorney Bill Hill. June 12, 2018. Order to Stay and expedite the appeal signed and issued from Judge Cromer. “IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED in the exercise of the Court’s inherent authority that the April 24, 2018 “Decision and Order” of the Guilford County Board of Elections as to Rotruck’s residence shall be stayed such that it has no present application, force, or effect pending the conclusion of Rotruck’s appeal therefrom:”
with the Board of Elections with a mandated appeal time. This decision to not comply with the Cromer Court Order was made by town manager, Scott Whitaker, mayor pro tem Dena Barnes, council members John O’Day and Reece Walker, and Bill Hill, town attorney – and apparently decided outside of compliance with the Open Meeting NC Statutes. Excluding other elected officials was a violation of the Town Charter. Their actions were to put excessive financial pressure on the Plaintiff, knowing full well they were running up town legal fees far outside of the approved budget.
March 8, 2018. Before the Board of Elections Hearing April 17, 2018, it appears there was a meeting at town hall March 8, 2018 with Reece Walker, Scott Whitaker, and Janelle Robinson; and town services (support) were - Anderson D. Cromer offered to Janelle Robinson. Superior Court Judge These and other actions appear Presiding to indicate a strong desire from the manager and three council The Judge Cromer Court Order members to nullify the election of preserved the Constitutional right November 7, 2017. to “due process” and an expedited appeal. Todd Rotruck was elected Before the town received a to town council November, 2017. signed order from the County Summerfield elected officials Board of Elections there was a could have complied with the rush from Bill Hill, town attorney Cromer ruling early May, and at that time, for the Town to hire a seated Rotruck pending the third party attorney immediately. expedited appeal, rather than It appears elected officials did direct that the town act in what not meet attorney Gray Wilson could be considered Contempt with Nelson Mullins (N-M) of Court. Compliance with the before hiring him for $400 an Cromer Court Order would have hour. Nelson Mullins has 758 been financially and timely more attorneys. There was Wilson at efficient. Town meetings did not $400 an hour, other N-M attorney have to be canceled, maybe for at $350 an hour, and Bill Hill at political reasons. $180 an hour, and billing the town for time to talk with each other. To AND, if the town had complied this date not even sure who the with the Court Order, few legal other N-M attorneys were that expenses could have been billed the town. Bill Hill’s legal bills incurred as the legal action was for himself were also very high.
SUMMERFIELD SCOOP
There could have been concerns about the excessive legal bills, but Whitaker, O’Day, Barnes and Walker expressed no concern or questions. The elected officials did authorize hiring a third party attorney at the April 23, 2018 meeting, per Bill Hill’s strong recommendation, however, Cromer Court Order was quickly received, quickly heard in court, and there was definitely time to discuss options and comply with the Judge Cromer Court Order. April 23, 2018. There was considerable controversy about the April 23, 2018 town council closed session. There were physical altercations from mayor pro tem Dena Barnes against council member Teresa Pegram, (charges were filed) and Dena Barnes also physically slapping Mayor Gail Dunham. It was shocking. Scott Whitaker, Bill Hill, Reece Walker, John O’Day and Bill Hill made untrue accusations against Pegram and Dunham. Their accusations were personally and professionally harmful to Pegram and Dunham, so October 2018 a recording and transcript of the closed session was posted online. Bill Hill, town attorney, was determined to destroy any recording, and he was not truthful about what had happened. Bill Hill was also attorney for Sheriff BJ Barnes, husband of Dena Barnes.
If this is of interest go to: www.YouTube.com Summerfield Sessions Special Call Meeting April 23, 2018
The only way to share the truth was to release the recording and transcript. There was much more friction and personal slanderous attacks for months – too many meetings canceled – often canceled at the last minute – town business would have been more efficient with compliance with Cromer Court Order. The fact remains that compliance could have saved the town a lot of time and money. The public should not have been and they are still deceived about those who made this significant and expensive decision to NOT comply with Cromer Court Order, and a decision of this constitutional magnitude and financial cost should not have been made outside of the Open Meetings Act. Where is the statutory authority for only three council members, manager and town attorney, to the total exclusion of other elected officials, to privately make major town decisions to run the town and spend the money? The copy of the Cromer Court Order was secured from the court record at the Court House as the town attorney did not provide the order. The town and local newspaper know and knew about the Judge Cromer Court Order, but the manager, attorney, and three council members did not disclose or discuss this option, and refuse to accept responsibility for their decision to not comply with the first and important Court Order.
Town should have complied with this Court Order and NOT spent all that money on lawyers!
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