Wayne Week — Oct. 27, 2024

N E W OL D NORT H M E DI A PR E SE N T S A W E E K LY N E WS M AG A Z I N E

O C T OBE R 2 7, 2 024

Members of the Goldsboro City Council voted Monday evening to begin a search for a new city manager. But the public will never know who raised their hand because what should have been a public vote was conducted during a closed session.

BY KEN FINE AND RENEE CAREY / p. 14

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CONTENTS OCTOBER 27, 2024 Volume 2, Issue 10

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EDITORIAL EDITOR Ken Fine EDITOR Renee Carey DESIGN DIRECTOR Shan Stumpf PHOTOGRAPHY DIRECTOR Casey Mozingo

ADVERTISING ACCOUNT EXECUTIVE Hallie Hulse Evans ACCOUNT EXECUTIVE McKayla Alves ACCOUNT EXECUTIVE Lara Landers

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CONTACTS EDITORS

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ACCOUNT EXECUTIVES hevans@newoldnorth.com llanders@newoldnorth.com malves@newoldnorth.com

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WAYNE WEEK (ISSN 2993-9666) is published weekly for $125 per year by New Old North Media, LLC, 219 N. John Street, Goldsboro, NC, 27530.

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4 Early voting draws huge crowds

It is too early to know whether or not Wayne County voters will set a record for ballots cast before Election Day, but local residents standing in long lines at polling locations has been the norm since One Stop Early Voting began Oct. 17.

6 City Council limits vape shops

Not only did the Goldsboro board approve a definition of a "vape shop," its members also put restrictions in place that could very well spell the end of approval of businesses that primarily sell electronic cigarettes.

8 Worth sentencing delayed again Former Wayne County Sheriff's Office Maj. Christopher Worth will find out the week before Thanksgiving whether he will spend the holidays in federal prison for using his position to commit mail and wire fraud.

10 Our take

When members of the Goldsboro City Council took two official votes during a Monday evening closed session, they violated Open Meetings Law — costing the men and women who voted for them the opportunity to see where each elected official stood on the issue of what will now be a search for a new city manager. In our view, the onus is on City Attorney Ron Lawrence, who doubled down on his claim that the board did nothing wrong.

14 Cover story

The Goldsboro City Council went into closed session Monday evening to discuss a "personnel" issue. The next day, Mayor Charles Gaylor, via a press release, announced that the city would begin a search for a new city manager. Open Meetings Law experts have questions.

20 Spectator

The Spring Creek soccer team played spoiler on Goldsboro High School's Senior Night — handing the Cougars a 2-1 loss and putting a damper on GHS' home finale.

COVER DESIGN

BY SHAN STUMPF

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NEWS +VIEWS

VOTER TURNOUT TRENDING UP IN WAYNE COUNTY

Long waits at polling locations have been a norm since One Stop Early Voting began Oct. 17, but that has not deterred Wayne County residents from ensuring their voices are heard before Election Day.

ONE STOP EARLY VOTING SCHEDULE

The following locations are available to those who still wish to cast their ballot before Election Day: • Wayne County Public Library: 1001 East Ash St., Goldsboro, NC 27530 • Maxwell Center: 3114 Wayne Memorial Drive, Goldsboro, 27534 • Old Fremont School: 204 West Carolina Street, Fremont, 27830 • Mount Olive Train Depot: 110 West Main Street, Mount Olive, 28365

REMAINING EARY VOTING TIMES Sunday, Oct.27

12 p.m. to 4 p.m.

Monday, Oct. 28

8 a.m. to 7:30 p.m.

Tuesday, Oct. 29

8 a.m. to 7:30 p.m.

Wednesday, Oct. 30

8 a.m. to 7:30 p.m.

Thursday, Oct. 31

8 a.m. to 7:30 p.m.

Friday, November 1

8 a.m. to 7:30 p.m.

Saturday, November 2

8 a.m. to 3 p.m.

OLD FREMONT SCHOOL

MILITARY

OVERSEAS

TOTAL

Oct. 1

31

22

15

6

Oct. 8

112

20

8

140

Oct. 15

182

16

10

208

Oct. 22

257

35

18

310

As of press time, 726 absentee by mail ballots have been returned to the Wayne County Board of Elections.

2024

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Oct. 20

427

Oct. 21

1,202

Oct. 22

1,081

Oct. 23

908

Oct. 18

389

Oct. 19

177

TOTAL VOTES: 6,920

Oct. 20

103

Oct. 21

348

Oct. 22

287

Oct. 23

272

Fremont

Oct. 17

2,013

Oct. 18

1,703

Oct. 19

906

Oct. 20

622

Oct. 21

1,676

Oct. 22

1,594

Oct. 23

1,328

W AYN E C OU N T Y MOUNT OLIVE TRAIN DEPOT

TOTAL VOTES: 9,842

Mount Olive

34,332

2020

616

484

The following numbers reflect the total number of early votes cast in Wayne County during the last four elections that included a presidential contest:

36,356

1,300

Oct. 19

Oct. 17

TOTAL EARLY VOTES CAST IN WAYNE COUNTY

2016

Oct. 18

MAXWELL CENTER

CIVILIAN

35,930

1,393

GOLDSBORO

(Every Tuesday since Oct. 1)

2012

Oct. 17

TOTAL VOTES: 2,060

ABSENTEE BALLOT MAIL RETURNS

2008

WAYNE COUNTY PUBLIC LIBRARY

Oct. 17

663

Oct. 18

482

Oct. 19

218

Oct. 20

151

Oct. 21

478

Oct. 22

391

Oct. 23

339

TOTAL VOTES: 2,722

40,050

21,544 (through Oct. 24)

NOTE: All data is current as of press time.

SOURCE: Wayne County Board of Elections

GRAPHIC BY SHAN STUMPF

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M AY 26, 2024

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M A RCH 3, 2024

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Wayne

If the Goldsboro City Council adopts the 2024-25 budget recommended by Interim City Manager Matthew Livington, local residents will be forced to absorb a 15-cent property tax increase and a 7-percent water and sewer rate hike, as leaders look for a way to finance police and fire raises.

WEEK

N E W OL D NORT H M E DI A PR E SE N T S A W E E K LY N E WS M AGA Z I N E

WEEK

MIND GA M ES

?

A unanimous decision to move Goldsboro High School to a new building has drawn the ire of community leaders, former students, and teachers who fear the school will soon close for good.

SPECIES? ENDANGERED

Dozens have graduated from the University of Mount Olive’s Master's in Counseling Psychology program, but because it is still not accredited, most are unable to find employment as therapists in North Carolina.

BY KEN FINE p. 1 4

Budget Buffet

BY KEN FINE

/ p. 14

BY K E N F I N E / p. 12

NEWS: Court documents filed last week seem to indicate former WCSO deputy has reached a plea deal . p.6

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F E BU R A RY 18, 2024

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N E W OL D NORT H M E DI A PR E SE N T S A W E E K LY N E WS M AGA Z I N E

ALSO INSIDE

Wayne

Coram’s lawsuit thrown out / p. 4

WEEK

NEWS Salmon out as City Manager / p. 8

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CONTENT WARNING

Some of the information in our cover story could be perceived as graphic in nature and could be upsetting to some readers, including those who might have experienced abuse or sexual assault.

WEEK

Local leaders say it’s time to fight back after community was “blindsided” by news of cuts coming to 4th Fighter Wing. / by KEN FINE p. 16

DIGITAL

M AY 12, 2024

THE PROBLEM WITHIN

Two Wayne County public school teachers have been charged with taking indecent liberties with students since Gov. Roy Cooper signed a harsher set of penalties for the crime into law in late 2023.

But those two individuals are only part of a problem the local education community has been dealing with for the last several years.

BY KEN FINE p.12

New Old North Media 219 North John Street Goldsboro, NC 27530

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City Council approves vape shop restrictions Several months after members of the board said the city has too many businesses they believe endanger public health, a new policy will make it more difficult to open a new one.

BY KEN FINE

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WAYNE COUNTY

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Will iam s

embers of the Goldsboro City Council have been eyeing restrictions on “vape shops” since this summer when, during the board’s June 17 meeting, Mayor Pro Tem Brandi Matthews said she planned on denying “all of these” because, in her view, there was “almost one on every block,” and she did not feel “we need another vape shop in Goldsboro.”

But because the council had not defined what a vape shop was — or officially passed rules or regulations related to the businesses — District 2 Councilman Chris Boyette, the elected official with by far the most extensive planning and zoning experience, said he was concerned that rejecting proposed development based on emotion and personal beliefs could have negative consequences, including exposing the city to potential litigation.

“In all my years of planning, we’re not up here supposed to be dictating what we would like to see go in a particular place as long as it’s properly zoned and approved. That would be like us saying, ‘We don’t want any more of this type of business or that type of business.’

That’s not our position up here,” he said then.

“Our position is, we’re supposed to make a decision based on, ‘Is this allowed within the confines of the rules as they are?’”

Monday, those concerns were nullified, as a unanimous vote officially defined a vape shop and set restrictions that could, in theory, result in no additional businesses of that kind being approved inside the city limits.

Thanks to the vote, the following is Goldsboro’s new definition of a vape shop, as presented by Planning Director Mark Helmer: “A specialized retail establishment whereby 25% or more of its space is used for the sale, storage, or consumption of tobacco products, electronic smoking/vaping devices, Kratom, CBD hemp derived Delta-8, and related accessories. These products may include, but are not limited to, cigarettes, cigars, pipe tobacco, vaping devices, e-liquids, and vaping accessories. An area may also be included whereby patrons share the tobacco or non-tobacco products, or products from a communal hookah, water pipe, or similar device.”

Currently, 24 are in business in the city.

But should another find its way onto the council’s agenda, the following restrictions would be in place: • They cannot be located within 250 feet, measured property line to property line, from any residential zoning districts.

ley erk

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Blv

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117 BYPASS

Vape store locations

1/2 mile

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GRAPHIC BY SHAN STUMPF

• They cannot be located within 1,000 feet, measured property line to property line, from a school (public or private), church, daycare facility, youth facility, community center, city recreational facility, city park, or hospital.

• They cannot be located within 1,000 feet, measured property line to property line, from a “similar establishment.”

And should they meet those criteria and gain the council’s approval, they must also follow “all federal, state, and local laws, rules, and regulations,” including “regulations pertaining to advertisements, age restrictions, and the legality of products sold.”

•

•

•

Goldsboro is not the only government entity that has taken on vaping in recent months.

When Wayne County Public Schools was awarded $410,000 of the county’s opioid set-

tlement funds, that money was earmarked, in part, to fund hundreds of “vape sensors” that will soon be installed in bathrooms and locker rooms across the community.

WCPS spokesman Ken Derksen said the district plans to purchase 250 devices from Verkada in hopes that their presence in local schools will deter vaping among students.

“We do not have a specific timeframe for installation of vape sensors, but our plans are as soon as possible,” he said.

And at the state level, Gov. Roy Cooper recently signed a bipartisan bill that could lead to many vaping products being removed from North Carolina shelves.

The law would restrict sales to products that have been authorized by the U.S. Food and Drug Administration — a measure the Vapor Technology Associated opposed, in part, because the group felt it would have a negative impact on sales.

But for Cooper and others who ensured the law will, indeed, take effect, that was the point, as the state’s most recent Youth Tobacco Survey found that one in eight high school students reported currently using a tobacco product, with E-cigarettes being identified as the clear product of choice among the state’s young people.

Rep. Erin Pare, a Wake County Republican, said the law would take a bite out of what she characterized as an “epidemic.”

“The vaping epidemic is quite the Wild West, particularly in high school,” she said. “That’s why this bill passed with broad bipartisan support. It brings order, enforcement, accountability, and transparency to a growing problem.”

And now that the City Council has officially amended its Unified Development Ordinance — and state-of-the-art vape sensors will soon adorn the walls inside WCPS bathrooms and locker rooms — local officials, too, have drawn a line in the sand.” n newoldnorth.com

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Former Wayne County Sheriff’s Office major will learn, the week before Thanksgiving, whether or not he is going to prison.

BY KEN FINE AND RENEE CAREY

A

former member of Wayne County Sheriff Larry Pierce’s leadership team will learn, the week before Thanksgiving, whether or not he will spend the holidays in federal prison.

Christopher Worth, who was, at the time of his 2023 arrest, a WCSO major, was supposed to be sentenced Oct. 25 after pleading guilty in July to conspiracy to commit mail and wire fraud — a crime prosecutors have referred to, on numerous occasions in open court, as “bid-rigging.”

But on Oct. 17, Worth’s attorney, Kelly Greene, filed a motion claiming he would be “unavailable” on that particular date, and asked Chief United States District Judge Richard Myers II to grant his client a continuance.

(The filing came less than two weeks after Worth objected to a pre-sentence investigation report prepared by the U.S. Probation Office — a document meant to inform the judge as he decides what penalty to impose.)

The court ultimately agreed to work with the defense — resetting the proceedings for Nov. 19.

Myers is well-versed in the government’s case against Worth, as he was the judge who accepted the guilty plea of — and later sentenced — the former deputy’s co-conspirator, Michael Cox. Cox, in late September, was remanded to federal prison for 74 months — although unlike Worth, the former WCSO Drug Unit chief also admitted to conspiring to distribute and possess with the intent to distribute quantities of cocaine, methamphetamine, and oxycodone.

So, while it remains unclear if Myers will choose, as he did in the Cox case, to be “merciful” as he weighs and delivers Worth’s punishment, the judge — and Assistant U.S. Attorney Dennis Duffy — have both made it clear that they feel a message needs to be sent to law enforcement personnel who break the law.

During Cox’s sentencing hearing, Duffy told Myers that the government was asking for 87 months because, “anything less than that speaks volumes to law enforcement as far as what you can get away with.”

“We think it’s necessary from a deterrent standpoint,” he said.

And before he told Cox that he would be spending the next six-plus years in prison, Myers noted that the public “asks more from law enforcement,” and said that one of the factors he considered was that we are living in an era where the public has, in some cases, lost confidence in those who wear badges.

“In a time where society is struggling with whether law enforcement is corrupt, having actual law enforcement corruption is tragic,” the judge said.

Worth has been on supervised release for more than a year, after he was arrested by federal agents for participating in the bid-rigging scheme that ensured Cox’s business, Eastern Emergency Equipment, received contract after contract from the WCSO to “upfit” vehicles, including Pierce’s Chevrolet Tahoe.

Duffy has said that by doing so, Worth and Cox were defrauding both the Wayne County government and its residents.

The details of the crime, which were spelled out in an August 2023 indictment, are available in previous editions of Wayne Week.

But because he and the government reached a pre-trial agreement, the majority of the crimes — which could have, had he been convicted of all of them, seen Worth spend the rest of his life behind bars — are expected to be dismissed during the sentencing hearing.

Still, he faces a potential sentence of up to 20 years in prison and a fine of up to $250,000.

Complete coverage of Worth’s sentencing can be found in the Nov. 24 edition of Wayne Week.n

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{ our TAKE }

A BAD

PLAY I

f you’re a sports fan, you have likely yelled at a television a time or two if your team’s kicker missed a chip-shot field goal — or a UNC, Duke, or N.C. State five-star blew a game because he couldn’t make a free throw.

And if you are anything like us, you were not upset in those moments because your team lost.

It was how it happened — that they blew an “easy one.”

Well, members of the Goldsboro City Council — and, more to the point, their attorney, Ron Lawrence — missed a chip-shot Monday evening.

And to make matters worse, had it not happened, this editorial would have not only been far different, it would have been a space to celebrate another courageous accomplish by a group of men and women who have, almost

without fail, impressed their constituents since they were sworn in late last year.

It is worth noting that this edition of Wayne Week is likely the only place you will hear what really went down during the board’s Oct. 21 meeting.

So, we will, as always, give it to you straight and allow you to decide whether or not it merits ripping off your team’s jersey and hurling it at the TV. Here’s what we know: At just after noon Tuesday, we received a press release from a city spokesperson.

“The Goldsboro City Council has decided to initiate a search for the next city manager,” it read.

And while, as we told you in the Oct. 13 edition of Wayne Week, we felt the decision was the right play — that even if Interim City Manager Matthew Livingston ends up being

“the right guy” when the dust settles, a search sends a message to city staff and the public that every effort was made to find the most qualified candidate — something about that sentence didn’t feel right.

You see, we had watched the council’s Monday meeting. There was absolutely no public vote to move forward with a search.

So, how — and when — did the board come to this agreement?

Several local lawyers — and Open Meetings Law experts — were confused, too.

Because in their view, and ours, North Carolina General Statute requires that official action occur in public.

In other words, you have the right to know who made the motion, who seconded it, and who voted which way.

How then could the city officially report that the council had made this decision if no

public vote happened?

The press release was literally titled, “Goldsboro City Council announces search for next city manager.”

So, we challenged the city.

We sent them an email laying out our position and asked for a transcript of the discussion and the vote that unfolded in closed session.

Well, the response was more shocking than the misstep.

It seems Lawrence believes that because “personnel” discussions are protected from the press and public, so, too, was the vote.

Wrong.

If specific information about Livingston — and his job performance and how it related to a decision to launch a search for a permanent city manager — was discussed, Goldsboro leaders are well within its rights to hold those discussions in the dark.

But when it came time for an official vote about a VACANT position, the law says it should have been public.

That is our interpretation.

That is the interpretation of every single attorney we have spoken to since we got the press release.

So, we sent a follow-up.

We let it be known that, in the interest of clarity, we were going to put Lawrence’s name on the assertion that an official vote of the City Council to conduct a search for a new city manager was not for public consumption.

He ignored us.

Oh well. Surely, Mayor Charles Gaylor — an attorney — would agree. Right?

Well, it’s hard to say.

Gaylor would not even acknowledge that a vote happened.

News flash: It absolutely happened. In fact, two official votes did.

But after sitting down with the mayor for a few minutes Wednesday, it became abundantly clear that there was not a chance he was going to admit it — or throw Lawrence under the bus.

Ready to be surprised?

We actually admire Gaylor for both.

The fact that the mayor refused to betray the confidences of a closed session was the right thing to do. He’s been doing it since his first day on the board as a councilman, and as the board’s leader, it is imperative that he drives inside the lines.

And standing behind a member of his team when the chips are down? We can respect that.

In other words, Gaylor’s hands really are tied in this situation.

But in our view, Lawrence should know better — and if he doesn’t, it’s time for the council to seek new counsel.

There is a reason why Sunshine Law exists.

Continued on page 12

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Continued from page 10

And any government attorney worth his or her salt should be well-versed in it.

That’s why so many of his colleagues — they asked to remain anonymous so they could speak freely about a “friend” whom they “respect” — were stunned that he did not advise the board that the search vote needed to happen in public.

So, why does this matter to you?

Well, when it comes to your government — any government — transparency matters.

And so does following the rules.

That’s why we are such sticklers about open meetings laws and the Freedom of Information Act — and why we are so vigilant when we see them being trampled on or completely ignored.

We know what happens when the light isn’t shining.

We know what a “slippery slope” is and how letting this slide — when it involves, of all things, something as significant as hiring the city’s next chief executive — could lead to more foul play.

And so do you.

Over the last few years, we have caught several of our local public bodies bending the closed session rules.

They have included items that should be being discussed in public — in front of tax-

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payers and on the live-streams they are so proud of.

We even had one board hold a “public” meeting a several-hour drive — and a ferry ride — away, where they discussed controversial items like moving school populations that ended up becoming policy.

So, yes, knowing what your county commission, school board, town board, or city council is up to prevents the kind of surprises that make most taxpayers angry — like passing policies that are in direct contrast to those election-time promises and spending like a drunken sailor.

Remember this, too.

It is always kind of telling when someone gets worked up when stuff that a representative would prefer stayed behind the curtain gets leaked from one of these sessions.

And no, it is almost always not because of some high-moral stance and a deep-seated belief that what is said in closed session should remain there.

It is because they have said something they don’t want anyone to know they said.

Those who are not outraged and leading witch hunts to find out who “the leaks” are, on the other hand, well, they often are the most trustworthy and steady of your representatives.

They know how things are supposed to be

done, and they want to make sure information that should get to the public gets there.

So, when there is a need to stand up and say, “This should be discussed in public,” they ensure it happens.

And that brings us back to what unfolded inside City Hall Oct. 21.

It would have been nice for you, the taxpayers, to hear the leaders you elected provide their reasoning for not simply coronating Livingston.

Luckily, we know that deep down, Gaylor gets it.

And as you will read in this week’s cover story, he has now committed — on the record — to ensuring the search process is transparent and thorough.

But make no mistake. No board or public body of any kind should feel that it can break the rules, pick and choose what information its members will share with the public, or not be forced into the accountability of saying the true stuff, the hard stuff, in front of the community they pledged to serve and the taxpayers they said they were going to respect and protect.

So, we hope that Gaylor is right — that the city is in the process of cleaning up its act and will have a full, open discussion about the city’s next leader in front of the people who are really paying the salary.

Goldsboro residents deserve that respect.

So, to those who are in power who have operated like little Napoleons behind the scenes — making deals and scratching each other’s backs even when budgets were screaming red — we know why you are really upset.

You don’t like the fact that you can’t get away with the status quo anymore.

That’s why you are attacking us and leading witch hunts “for the leaks.”

But here’s the thing.

If you would just stop, do your jobs the right way, and follow the rules — and actually do what you told voters you were going to do instead of looking for ways to “get ahead” or make a deal — you would have absolutely nothing to worry about.

If you did those things, there would not be anything to leak.

So, we commend those who are determined to clean up this city and county and their governing bodies.

You really are helping us make a difference.

And in the coming weeks, we will take every avenue in our arsenal to ensure that the sun ultimately shines on what happened during what we believe was, at the very least, an illegal discussion and vote during Monday’s closed session.

You deserve nothing less. n

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. Wayne WEEK . 13

Members of the Goldsboro City Council voted Monday evening to begin a search for a new city manager. But the public will never know who raised their hand because what should have been a public vote was conducted during a closed session.

BY KEN FINE AND RENEE CAREY

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L

ess than two weeks after several members of the Goldsboro City Council told Wayne Week they would support a search for a permanent city manager, an official

press release confirmed that the board would, in fact, begin looking for Tim Salmon’s replacement.

But the release, which was published less than 24 hours after the Oct. 21 council meeting, raised questions about how and when the formal decision was made, as no public discussion about — or a vote on — the topic unfolded Monday evening.

And when it was discovered that two votes — a failed measure to execute a formal contract with Interim City Manager Matthew Livingston and a successful one to launch a search — were held in closed session, legal experts labeled the process “illegal.”

“It’s not a hard call. It’s not, ‘Well, there’s a nuance here,’” said Mike Tadych, a veteran media and First Amendment law attorney with Stevens Martin Vaughn & Tadych, a firm that

“You’re right.

They’re wrong. They could have fixed at least part of it by coming into open session and taking that vote about not giving the interim city manager a contract ...”

has been characterized as having “knowledge of the North Carolina First Amendment landscape” that is “without equal,” and has been praised for its history of fighting for access to public records. “They went into closed session under the

Mike Tadych, an attorney with Stevens Martin Vaughn & Tadych

personnel statute and the statute says, ‘Any final decision taking action has to be done (in open session).’ How is that not a final decision?

If Mayor Charles Gaylor had gotten his way, the council would have launched a search for a new city manager more than eight months ago — shortly after when, on Feb. 13, he informed the public, via a Facebook post, that Salmon had stepped down and Livingston had agreed to take on the position in an interim capacity.

In fact, the mayor told the public, at the end of that post, that details about the “process” were coming.

“We will share updates about the search process and next steps in the coming weeks,” he wrote.

But the council balked.

“When we first made the swap off of Tim,

I was very strong that it was time to go and do a search,” Gaylor told Wayne Week earlier this month. “We had search firms — I had two of them, actually — that had given us some pricing information on what that would look like. I took it to council.”

Several of those council members who, at the time, shot down Gaylor’s plan, said they were reluctant, back then, to agree to an immediate search because they did not want to limit the pool by asking candidates to come to Goldsboro to clean up “a mess” that included a Finance Department that was still not caught up on its audits.

“Personally, I didn’t want to interview

people saying, ‘Your first job is going to be cleaning up our mess,’” Councilwoman Jamie Taylor said. “I mean, who would want to do that.”

But with the “rough waters” in the city’s rear view, several council members — including Taylor and Hiawatha Jones — said they would be open now to conducting a formal search, if for no other reason than to ensure Goldsboro employees and residents knew they ended up with the “most qualified individual.”

“While I acknowledge that our interim manager may indeed be a suitable candidate for the position, a comprehensive search will allow us to evaluate all potential

candidates,” Jones said in a statement provided to Wayne Week Oct. 12. “This process not only ensures that we find the most qualified individual to lead our city, but also demonstrates our commitment to transparency and due process. Engaging in this search will ultimately benefit our community and help us make an informed decision that aligns with the best interests of the citizens.”

Some, like Councilman Chris Boyette, were not convinced.

“I would be against a search because I think we would end up finding out that we have the best candidate running things right Continued on page 17 newoldnorth.com

. Wayne WEEK . 15

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now,” he said. “He’s been proving that since the day he accepted the interim position and honestly, that money (for a search) could be better spent on behalf of our citizens.”

So, how did the council end up voting Monday?

And what was the justification of those who voted for or against the search?

Wayne Week, after learning that two votes had unfolded in closed session in violation of North Carolina Open Meetings Law, attempted to get those answers.

The following is the request the paper sent to City Hall Tuesday: Earlier today, we received a press release regarding a soon-to-be had search for a city manager.

The following is how that release began: “The Goldsboro City Council has decided to initiate a search for the next city manager.”

For starters, we would like to know when that decision was made and how. Was there a formal vote — meaning a motion was made and seconded, etc. — taken? If so, when did that happen?

If it happened in closed session or another venue, we would like the city attorney to justify, citing NC General Statute, why that decision was not made publicly.

Having watched the City Council meeting — and having rewatched it after the press release was sent — that decision was not made in open session, which, as a blatant violation of Open Meetings Law, is a concern.

In fact, the law requires that any discussion about a potential search for a city manager be

Interim City Manager Matthew Livingston

held in public — minus specific statements about the current interim city manager and his job performance.

So, pursuant to the Freedom of Information Act, here is what we are going to need: - A complete transcript of any conversation that unfolded regarding a search for a permanent city manager. Comments about Matthew Livingston’s job performance — which are protected by statute — can be redacted or excluded.

- That transcript should include the details of any vote that was taken. (Who made the motion(s) and seconded it (them) and who voted yes or no.)

- It should also include every single statement that did not specifically involve comments about Matthew Livingston that are protected by statute.

Again, we would also like the city attorney to justify why this decision — assuming it was, in fact, made outside of the public meeting we viewed — was deemed worthy of the protections of a closed session.

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City Clerk Laura Getz responded the following day.

“Pursuant to the advice of the city attorney, the city is not able to fulfill your request and assertion, as the matter involved personnel (which is confidential - see NCGS 160A-168) and therefore was properly conducted in Closed Session (see NCGS 143-318.11),” she wrote.

Tadych characterized the city’s position as “nonsensical.”

“You’re right. They’re wrong,” he said.

“They could have fixed at least part of it by Continued on page 19 newoldnorth.com

. Wayne WEEK . 17

Continued from page 17

coming into open session and taking that vote about not giving the interim city manager a contract. That would have been consistent with going into the personnel discussion, having the discussion that he’s not met the mark, reaching a consensus, and then going out (into open session) and someone says, ‘I make a motion.’

But they didn’t. The second is a general personnel matter. Open Meetings Law is crystal clear that it has to be done in open session. So, I think your request … is perfectly fine.”

In the interest of giving Gaylor, an attorney, an opportunity to correct the record, Wayne Week sat down with the mayor in City Hall Wednesday.

We asked him how, as stated in the city’s press release, the council “decided” to launch a search for a new city manager.

“They discussed it,” he said. “They discussed the performance of personnel.”

We asked, repeatedly, if an official vote was taken.

“I can’t discuss personnel matters from closed session,” Gaylor said. “I cannot discuss closed session matters. I have been advised by our city attorney not to. We’ve explained why.”

And when confronted with the opinion of legal experts on Open Meetings Law, he, again, doubled down.

“I’ve been told that a personnel matter

Open Meetings Law is crystal clear that it has to be done in open session. So, I think your request … is perfectly fine.”

that was discussed in closed session remains in closed session,” Gaylor said. “Would I do it differently today? Absolutely. But do I think what we did was illegal and non-compliant?

No, I don’t.”

Tadych disagrees.

“Both the city attorney and mayor/ attorney are incorrect on that,” he said.

“Again, you’re right and they’re wrong. And because they did not come out of closed session and hold a vote, all discussion

not specifically related to (Livingston’s) job performance is fair game, too. You’re entitled to know how the sausage was made in that closed session. Said another way, I believe you are entitled to all the discussion that doesn’t have to do with the interim city manager’s performance. That would not fit the purpose of the stated closed session.

Period.”

In a last-ditch attempt to allow Lawrence to clarify his position, Wayne Week sent

the following email Wednesday after our discussion with Gaylor.

“So, just so we’re clear — and we feel, in the interest of transparency, that it should be understood by Mr. Lawrence that his name will go on this answer — the position of the City Attorney is that a formal vote to engage in a search for a new city manager is a ‘personnel’ issue that does not require said vote to unfold in a public setting?”

Neither Lawrence, nor anyone from City Hall, has responded. n

SEND US YOUR THOUGHTS Want to sound off on the issues we’re covering? Send your thoughts to letters@newoldnorth.com and we just might publish them in a future edition of Wayne Week. Word count is not overly important, but please identify yourself by name and the city or town you reside in.

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Judge Ericka James for Superior Court

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Knows and Follows Judicial Ethics

Takes NC’s Code of Judicial Conduct seriously to protect public trust in our courts. Never given money to political candidates while a judge or candidate for judge. Served on Board of Governors of NC Conference of District Court Judges.

Focused on the Law, NOT Politics Elected 3 times as a judge.

Never run for any other elected office.

Election Day is Tuesday, Nov. 5th

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the SPECTATOR

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Senior Night spoilers

The Goldsboro High School soccer team lost its home finale Tuesday evening, as the Spring Creek Gators spoiled the Cougars' Senior Night with a 2-1 road win.

PHOTOS BY KEN FINE

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