Board of Governors retreat may have violated open meetings law, says former student

CORRECTION: Due to a reporting error, the original version of this story incorrectly states when the UNC system plans to comply with a record request. The system plans to comply with the request in one to two days.

The UNC-system Board of Governors, the decision-making body for all 17 system campuses, is being accused of breaking the law.

A private retreat held on Aug. 10 and 11 was meant to be an informal gathering before the first board meeting of the academic year. But now the board faces allegations of violating the state’s open meetings law, which states that public bodies must open their meetings and policy discussions to the public and the media.

“The premise of the University’s argument is that this was purely a social gathering,” said Andrew Payne, a former student member of the board.

“I know without a shadow of a doubt that University business was discussed.”

The board welcomed 16 new members appointed by the Republican-dominated state legislature earlier this year.

After learning the retreat was closed to the public, Payne sent an email detailing his concerns to the legal officer of the UNC system, Laura Luger.

UNC-system President Thomas Ross responded by saying the workshop was for the board to get to know each other and to learn about serving on an educational board.

“I regret that you have chosen to accuse the members of the Board of Governors of misleading the public and being liars without having all the facts,” Ross said in the email to Payne.

Board member Dudley Flood said legal counsel was at the retreat to make sure no policy was discussed.

“(The retreat) was so we would become a board,” he said. “Since we had 16 coming in and 16 remaining, we had to get to know each other.”

But there is still strong criticism about the private nature of the retreat.

Amanda Martin, an attorney for the N.C. Press Association, said it’s possible the board violated the open meetings law.

“This was a meeting that was coordinated by the university; paid for by the university; and related to university governance,” she said in an email. “I have no doubt that the individuals present were transacting public business.”

But she said the law requires a majority of members present and as some of the members might not have yet assumed their official position, the closed retreat would have been legal.

Payne said past retreats have been open to the public.

“In the midst of budget cuts, when the university needs to inspire confidence, what did they decide to do?” he said. “They decide to have a private meeting.”

He is requesting all documents from the two-day, seven-hour retreat.

Joni Worthington, vice president for communications for the system, said the system will comply with Payne’s record request in the next few weeks.

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