Executive Session Must Go (My Response To Mr. Howard)

If you have not read Mr. Howard's response to my letter to the editer, please scroll to the next post before reading this one

Mr Howard,



Thank you for your quick and informative response. As many know I have been working for open government in Camden for the last two years. I have fully researched both the open records and open meetings laws. I totally agree with you that the commissioners can meet in private for the reasons you stated. My point is that it is not required by law, reasons were put in the open meetings law to protect the elected. And who wrote the law? Yes the elected, but they left it open for the people to choose. I believe the majority of Camden County would vote to end executive session in Camden County for all governing bodies, not just the commissioners. Our school board breaks the law at every meeting, just by what their agenda says. It says, that if someone has a complaint that the board feels they should not address in public, they will take that individual back into executive session with them. As I am sure you know that is an illegal action, as only the members of the board are allowed in executive session. If they take that individual back with them, then they are hearing evidence in private, which is once again is illegal. Here is the link to the most recent agenda, just click on the public participation link on the side bar. https://eboard.eboardsolutions.com/meetings/ViewMeeting.aspx?S=4025&MID=8775



Mr. Howard, I am glad that you are our County Manger. I think you have done a wonderful job thus far, But you don't know the history of Camden County. Our government is filled with friends and family, and that is to be expected in such a small community. What is not expected, or maybe it is, is that they will lie, cheat, and steal for each other. This is what needs to stop, and the only way for that to happen is complete and total open government.



I have made a few comments under the portion of your email where you talked about reasons for executive session. My comments are in red.



From your e-mail:



Additionally, I would like to provide you with some additional information regarding Executive Sessions. Although there are a number of reasons the Commissioners can hold an executive session, our Commissioners generally hold such a session for one of three reasons: to discuss litigation, personnel, or real estate.

An executive session for litigation allows the Commissioners to seek legal advice from their counsel on pending or potential litigation, settlements, administrative proceedings or other judicial actions. Such discussions wherein the Commissioners are seeking advice from the County Attorney are attorney-client privileged, and the open meetings law in no way repeals the attorney-client privilege. However, after speaking with the County Attorney on a pending claim, for example, if it is the desire of the Commissioners for the County Attorney to proceed with the negotiation of a settlement, that action for negotiation must be taken in the open meeting. Likewise, once both parties agree to a settlement. The acceptance of the terms of the settlement must also be approved in an open meeting.



Attorney-client privilege, Who is the client? Are the Commissioners being sued? NO, the taxpayers of this county are. If the commissioners did no wrong why keep secrets? Isn't the attorney paid for with tax dollars? Holding these meetings in public will end all the "he said, she said" that always surrounds these proceedings. For example the Penny Woodard case. If the defendant does not want their side of the case made public, then I would suggest they not communicate with the board, as by our "new local law" that communication would have to be made in public. Otherwise the court will determine the out come. I believe this would actually lower the number of lawsuits and save the taxpayers money on unnecessary settlements.

Also, the Commissioners will hold an executive session to deliberate on the
appointment, employment, hiring, compensation, disciplinary action, or dismissal of an employee or public officer. For example, the Commissioners will hold an executive session on personnel to discuss qualified applicants for a vacant position. The Commissioners generally do this to protect the applicants from possible retribution from current employers. However, once the Commissioners have narrowed the field and have qualified applicants they are seriously considering hiring, the names of those applicants are made public, and of course, the action to hire is taken in an open meeting.



This is an interesting one, as when anyone applies for a job, the application always says "May we contact your current employer". So I don't buy that one. I am more concerned about compensation, disciplinary action, or dismissal of an employee or public officer. Disciplinary records are open records, so why not the proceedings. Why can't we hear what our commissioners think about the problem or situation? After all they do work for us. If an employee is wrongfully accused, they may be railroad in executive session and lose their job because of one or two commissioners dislike for them, or maybe that employee spoke out against them. It has happened before, and will happen again without open government.



Additionally, our Commissioners will hold an executive session to discuss the acquisition of real estate. One reason for this is to keep the value of the property from being artificially inflated. Once the acquisition of the property has been completed, terminated or abandoned, the location of the property is made public.



This one is a shocker, as America was built on Capitalism. Under Capitalism competition is what fuels the American economy. Yet when you do land deals behind closed doors, where is the competition. If there is no competition then land prices are inflated. I believe you will get lower land prices, if you open the door to competition. Otherwise someones family member will get rich on the backs of the taxpayers, and yes this has happened before.

Although the Commissioners may hold discussions or deliberations in executive session on these matters, any action on these matters is always taken in an open meeting.



In closing, I can't understand why anyone would be against doing the peoples business in front of the people. Who are you protecting? I will tell you who gets protection under the current law. It is the board members. Why do they need protection, when each of them took an oath to work for the people.



I would still like to hear the views of those elected. With all due respect Mr. Howard, we didn't elect you and I asked to hear from those who we elected, not the man the elected hired. As I stated above, I think you are doing a good job, keep it up.



Mr. Berry, Mr. Rhodes, Ms. Sears, Mr. Rainer, Ms. Zell,

I would still love to see a letter to the editor from each of you on your views of ending executive session in all of Camden County. Let the past election be a learning tool for all of you. You all are "at will" employees as well. At the will of the people.