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 towns policy currently says firefighters cannot live
more than six miles from the stationby 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 didnt realize it was a violation of state law.
Im not going to lie about it,
Beaver said, adding that he didnt see any reason it couldnt have been
discussed in open session. Its 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 doesnt 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.