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UNC Board of Governors denies allegations that retreat violated open meeting law

Allegations that the UNC-system Board of Governors violated the state’s open meetings law have been denied by administrators who say their private retreat was within the bounds of the law.

On Aug. 10 and 11, the board held a workshop to welcome the 16 new members who were appointed by the Republican-dominated legislature last year. The workshop was closed to the public and media, and concerns grew over its legality under the open meetings law.

But system administrators claim the new members of the board were sworn in immediately following the retreat, which would make their closed workshop legal.

Amanda Martin, an attorney for the N.C. Press Association, said the retreat would have to have a majority of members present for the law to be applicable.

“If the fact that the new members were not sworn in until the following day means that there was not a majority of then-sitting members present, then it was not an official meeting subject to the open meetings law,” Martin said in an email.

Board members insist the meeting was simply educational and social with no policy discussions.

Joni Worthington, vice president for communications for the system, said nothing was discussed at the retreat that would come before a vote and legal counsel was present to make sure the law wasn’t violated.

Documents from the workshop include booklets from the Association of Governing Boards of Universities and Colleges, a national organization that advises higher education boards.

The first day included a luncheon followed by a four-and-a-half hour workshop and an informal dinner. The second day consisted of a continental breakfast and a second workshop that lasted for three hours.

After the retreat ended, the new board members were sworn in prior to the board’s first committee meetings of the year, Worthington said.

Andrew Payne, a former student member of the board, was the first to question the legality of the closed retreat in an email to administrators on Aug. 18.

Payne, who has since received the documents from the workshop, could not be reached for comment on Tuesday. But a second email sent to UNC-system President Thomas Ross on Aug. 22 spoke of his concern for the system.

“What also amazes me is that no one leading our great university stopped and asked, ‘they say what we are about to do is legal, but is it ethical?’” Payne said.

Contact the State & National Editor at state@dailytarheel.com.

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