By Josh Bergeron

josh.bergeron@salisburypost.com

Rowan County Commissioners will not officially discuss how to proceed in a lawsuit focused on past prayer practices until after its regularly scheduled meeting on May 18, according to Chairman Greg Edds.

Edds, who as chairman has the ability to set the agenda, on Wednesday said a full discussion wouldn’t occur at the next meeting. Edds said he would not attend the May 18 meeting because it occurs during a previously planned family trip. The deadline for meeting agenda items to be submitted is Friday. Commissioners can also add business items at the start of each regularly scheduled meeting.

“I would imagine that we would all like to have something to say in public when a decision is made, and that all of the commissioners would be a part of the decision,” Edds said.

The Gibbs Law Firm, representing Rowan County in the prayer suit, would traditionally have 30 days — June 4 — to file an appeal, said attorney Barbara Weller. However, the court hasn’t given a formal deadline, Weller said.

Federal judge James Beaty, a judge for North Carolina’s Middle District, on Monday declared prayer practices from 2007 to 2013 unconstitutional. Beaty specifically mentioned commissioners’ practice of asking attendees to stand before prayers without mentioning options to leave the room. In his order, Beaty also took issue with the practice of prayers exclusively being given by commissioners. Beaty cited the U.S. Supreme Court case Town of Greece vs. Galloway, in which justices decided in 2014 the Town of Greece could permit chaplains to open each meeting with a prayer.

The ruling ordered plaintiffs Nan Lund, Liesa Montag-Siegel and Robert Voelker be paid $1 in damages. The plaintiffs, represented by the American Civil Liberties Union, can also pursue attorney’s fees and costs, according to Beaty’s ruling.

Two of Rowan County’s five commissioners — Mike Caskey and Craig Pierce — said they would support an appeal. Pierce said the county should ensure the case ends definitively, adding that the Gibbs firm is not charging Rowan County for legal services.

“It would be foolish to stop now, as long as we’re not pounding the taxpayers,” Pierce said about an appeal.

So far, Rowan County government has paid more than $3,700 for legal services. Invoices filed by county attorney Jay Dees attribute $3,712.50 to work done on the prayer lawsuit before Rowan retained the Gibbs firm for legal services. Since the invoices end — May 2013 — Dees said he has performed additional work related to the prayer lawsuit. The total monetary amount tied to the suit, he said, wouldn’t exceed $5,000.

If Rowan County Commissioners decide not to pursue an appeal, the ACLU could pursue the payment of legal fees from Rowan County. An appeal could change the final amount of money owed to the ACLU and plaintiffs. No money would be paid to Gibbs Law Firm regardless of proceedings, Weller said.

Rowan County’s three newest commissioners — Judy Klusman, Vice Chairman Jim Greene and Edds — wouldn’t say whether they would support an appeal or not.

“It’s a very complex issue and I have had limited conversation about it,” Greene said. “I think we just need to get some legal advice before we make a decision. It may be as simple as getting different folks to lead the prayer.”

One option for commissioners is to follow several measures set out in an April 2013 resolution that described a policy for prayers before meetings. The resolution was passed shortly after the lawsuit was filed.

The resolution states commissioners could allow a chaplain to “solemnize the proceedings” of a meeting and appoint a chaplain for the board of commissioners. The first appointee is Michael Taylor, according to the resolution. Taylor is listed on Rowan County government’s website as being the sheriff’s office chaplain.

Commissioners also would not be allowed to edit or be involved in review of the prayer’s content, according to the resolution.

The resolution states it becomes effective “immediately upon notification from the county attorney to the clerk to the board that an injunction has been issued by the federal court.”

Rowan County Commissioners were previously under a temporary injunction. As a result, commissioners agreed to only use a certain list of words in prayers that include: Lord God; our creator; giver and sustainer of life; the God of Abraham, Issac and Jacob; Lord our governor and Lord of lords.

When commissioners announced the new policy in 2013, former chairman Jim Sides said any meeting attendee could step out of the meeting room during the prayer. At the time, Sides said a commissioner could also request a recess during the portion of meetings normally dedicated to prayers. Commissioners could pray outside of the normal meeting room and reconvene shortly after, Sides said.

Beaty’s ruling on Monday includes a permanent injunction of a practice that officially dates back decades. The earliest written record of a prayer occurring during a Rowan County Commissioner meeting is March 7, 1960, according to meeting minutes.

Four municipalities in Rowan have a similar practice to the county commissioners’ previous procedure. Local government boards where a member prays before meetings include: East Spencer, Rockwell, Salisbury and Spencer. During Rockwell town board meetings, attendees are given the option to leave the room during prayers.

In Cleveland, Granite Quarry and Kannapolis, the governing boards have a moment of silence. Landis has a prayer before meetings convene, according to Town Manager Reed Linn. China Grove doesn’t have a prayer or moment of silence during its meetings.

The Rowan-Salisbury School Board holds a moment of silence before its meetings.

Contact reporter Josh Bergeron at 704-797-4246.