FROM STAFF REPORTS
Iredell Free News has filed a lawsuit in Iredell County Superior Court seeking a court order prohibiting the Iredell-Statesville Schools Board of Education from meeting secretly via text message in violation of the N.C. Open Meetings Law.
The complaint, filed Wednesday by attorneys Kenneth B. Darty and Gary W. Thomas, names the I-SS Board collectively and six of the seven board members — Bill Howell, Mike Kubiniec, Anita Kurn, Abby Trent, Brian Sloan and Doug Knight — individually as defendants. Board member Charles Kelly, who did not participate in the board’s secret meetings, was not named as a defendant.
North Carolina law requires “hearings, deliberations and actions” of public bodies to be conducted openly.
According to the complaint, the I-SS Board began meeting secretly via text message on December 19, 2022, and continued to do so on numerous occasions over the next 10 months. The complaint includes more than 200 pages of text messages, which Iredell Free News obtained through a public records request.
During the secret meetings, I-SS Board members discussed an array of school business, including safety protocols, how to garner public support for a new high school, strategies for working with the Iredell County Board of Commissioners, efforts to remove books from school district libraries, the performance of school contractors and more.
Board members also made “disparaging comments about other elected officials, minority students at Statesville High School, and members of the LGBTQ community,” according to the complaint.
“I am absolutely appalled that this select group of people would blatantly disregard their oath of office by conducting meetings and discussing school-related business in a group text without the benefit of an open forum,” Darty said. “Their conduct is not only illegal but erodes any confidence that the public has in their ability to effectively serve as board members. And for the board members to make suggestive comments about race should disqualify them from serving.
“We are supposed to live in a progressive society, and this type of conduct is what went on behind closed doors 50 years ago, and they must be held accountable,” he added.
The complaint asks the court to set an immediate hearing and “declare that the policies and practices of the Defendants are in violation of the Open Meetings Law.”
The complaint also asks the court to:
♦ Enjoin the I-SS Board for failing to comply with Open Meetings Law procedure mandates, including notice and minutes requirements, and order that all meetings be held in a public venue;
♦ Enter an order requiring the board to comply with the Open Meetings Law; and
♦ Require the board to provide complete copies of all text messages among and between the defendants from December 19, 2022, through the date of the court hearing without any redactions; and
♦ Order the defendants to pay court costs and the plaintiff’s attorneys’ fees.
“I am hopeful that by filing this lawsuit, the citizens of Iredell County who pay taxes to fund the school system will be represented by board members who follow the law as they expect students to do,” Darty said.
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Open meetings and open records are essential to democracy. Sunshine is a great disinfectant.
This frivolous lawsuit will cost the taxpayers & only the taxpayers of Iredell County money. Once again, no one is thinking about the children.
A frivolous lawsuit you say. I completely disagree and applaud Iredell Free News for taking a stand. Bravo to the courage it took to bring this action. The persons named in this lawsuit have no interest in advancing public education; but rather serve as a front to extremist individuals and groups who think they know what is best for everyone else. I personally am more than capable of making decisions regarding my family. This group of individuals have knowingly disparaged groups of people whom the disagree with or think they are beneath their feet. And yet they want to do this in the name of being a “good Christian”. Jesus would never condone their actions and words. If you don’t believe me dust off your Bible and go for a good read – start after Malachi. In case you are not familiar this is The New Testament regarding the teachings of Jesus.
Crying Brian you once said in a public meeting the taxpayers of Iredell county would gladly pay attorney fees. I am here to tell you and all the others, you should beg Moms for Liberty and the puppet master to dig into their coffers, for I as a taxpayer am not ready to spend one penny on your defense or any of the others. Lawyer up on your dime, or better all named should just resign.
Nothing frivolous about this at all John Miller. The watchmen need watching.
Charles Kelly is about the only statesman in this county.
The county commissioners are a joke and let by a Ronald McDonald wannabe. I’m surprised she hasn’t dressed up for a commissioner meeting. Maybe she will for the next birthday sing-a-long.
The judge may order that the attorneys’ fees be paid personally by individual members of the public board if they are found to have knowingly or intentionally violated the law.
Thank you to Iredell Free News for taking action on this issue! Thank you for giving a voice to the community.
You are right, beemo. Without an active and engaged local press, the politicians would have no one watching. It’s imperative we have media outlets like IFN keeping an eye on things. IFN is about all we have left. The R&L is on life support and WSIC is not really a Statesville station any longer. It’s all about the “Lake”. WAME does a good job keeping a local presence.
Bravo!!! If they had resigned like decent people, this wouldn’t have to happen. Resign like we asked you to!
Man this is awesome; accountability in your actions. Is this possible in the great USA?
Someone from IFN should take a look at Mr. Kubiniec’s Nextdoor Neighbor posts.
Ring leader, instigator but sneaky about it.
Between him and Moms For Liberty or whatever they call themselves, they are ruining our schools and alienating the children.
Good
The frivolous lawsuit can be settled rather quickly. Just have the folks named in the suit hand over the information, THAT IS PUBLIC RECORD, to the person that filed the suit. Easy peezy, lemon squeezy. This action would save the taxpayers money and bring the information into the light, where it belongs. You may form your opinion why these people are choosing to operate in the dark.
As far as the children go, it’s best they learn how things actually work, not how the clowns on this school board want it to work.
I grew up in Statesville and graduated from Statesville High School. I have been angered by and appalled at the actions and comments made by the I-SS Board of Education members in the publicly released text messages. The illegal secret meetings by text would have probably continued without the excellent investigative reporting by the IFN staff.
Finally, maybe something will be done with the guilty members of the Board. They should be held accountable for their actions and despicable comments.
Thank you to those courageous enough to pursue this lawsuit!
I’m going to ask Rep. Jeff McNeely to file a bill that would allow for a recall vote for school board members. Please join me in doing the same.
“You’ve been served! You’ve been served!” QAnon will be so proud of you. LOL