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January 27, 2000
Salisbury Post; Rowan County, NC

Local News

Landis closed session my have been illegal

BY JESSIE BURCHETTE
SALISBURY POST

           
LANDIS — The Landis Board of Aldermen may have violated the N.C. Open Meetings Law during a special meeting earlier this month.

The meeting focused on fire department issues, including how far a firefighter can live from the fire station and be a member of the volunteer fire department.

The board met in closed session Jan. 10 for about 30 minutes with Fire Chief Reed Linn. About 20 residents stood outside the municipal building and waited to hear the outcome.

A woman firefighter recently moved 10 or more miles outside the town. The town’s policy currently says firefighters cannot live more than six miles from the station“by common roadways.”

Mayor Fred Steen said prior to the meeting the issue was both a personnel and policy issue.

An attorney for the N.C. Press Association said a question about where an individual firefighter lives is a policy issue, not personnel.

“The decision on limitation or requirements where people live is a policy issue and should be discussed in open session,” said Amanda Martin, a Raleigh attorney who represents the Press Association and several N.C. newspapers, including the Salisbury Post.

She said a closed session would not be appropriate to consider whether to make an exception to a policy. “This is certainly a policy issue, addressing a general policy, not a specific personnel action, ” said Martin.

Steen said Wednesday that the board acted appropriately in having a closed session. Asked repeatedly whether the board discussed the limitation on residence, Steen responded the board discussed a personnel issue.

Mayor Pro Tem Gary Beaver acknowledged that the policy issue was discussed during the session. Beaver said he asked questions and other aldermen asked questions about the residency requirements.

Beaver said he participated in the closed session but didn’t realize it was a violation of state law.

“I’m not going to lie about it,” Beaver said, adding that he didn’t see any reason it couldn’t have been discussed in open session. “It’s public policy, it should be public knowledge.”

Beaver said the consensus in the closed session was to stay with the current six-mile policy.

Steen said Wednesday he doesn’t anticipate any additional meetings on the fire department issue. He said the six-mile limitation remains in place.

Steen said earlier that one or more aldermen may have tried to alter the fire department policy, dropping the residency requirement.

At the Jan. 4 regular meeting, Beaver objected to a policy change being made without the entire board discussing it. Steen agreed.

Responding to a question from Aldermen William Beaver at the Jan. 4 session, Steen said the Fire Department policy questions would be handled at a special meeting.

The board held the special meeting a week later and discussed the Fire Department issue in executive session. Following the meeting, Steen said the board took no action.

Beaver and Steen said they did not know the status of the firefighter who challenged the policy. Chief Linn was not available for comment early today.

   

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