BY MIKE FUHRMAN
After being advised by their chairman to stop texting each other and after being sued for violating N.C. Open Meetings Laws, Iredell-Statesville Schools Board of Education members have continued to meet regularly via text message and discuss official school business.
In new text messages obtained by Iredell Free News, the board’s two most prolific texters, Mike Kubiniec and Anita Kurn, showed no concern that the board could be in violation of state law.
“Board members,” Chairman Bill Howell texted on the afternoon of September 29, “my suggestion is to stop making comments. Let’s not give the media something to write about. We are for children and let’s concentrate on them.”
Howell sent that text to the other six board members and Superintendent Jeff James on the same day IFN published an article reporting that the board had continued to meet by text message despite concerns that doing so violated state law.
Kubiniec, who was censured and stripped of his vice chairmanship by other board members last year, told the board members he would not cease messaging other board members.
“My personal view is we are under no obligation to conduct our affairs, conversations and opinions to someone who has no standing, legal or otherwise,” Kubiniec wrote a couple of hours after Howell’s text.
“I will not be intimidated,” he added. “Sharing certain information efficiently is needed for us to serve our students effectively.”
North Carolina law prohibits a quorum of board members — four or more in the case of the I-SS Board — from meeting and discussing official business unless the board has provided notice of the meeting and then meets publicly in open session. State law makes no distinction between in-person meetings and meetings held electronically, according to an analysis by the UNC School of Government.
On October 25, IFN filed a lawsuit in Iredell County Superior Court seeking a court order prohibiting the I-SS Board of Education from meeting secretly via text message in violation of N.C. Open Meetings Laws. The lawsuit has not been scheduled for a hearing.
After Superintendent James texted news about the lawsuit to board members, Kurn expressed some concern — but only about the potential financial cost to the district.
“How much money will this cost the school and take away from the needs of the students and teachers?” Kurn asked.
“Depends on how far it goes,” James replied.
In a text to the board later that day, Kubiniec shared his analysis of the lawsuit in the form of a quote from a WSOC-TV news article: “Legal experts told Channel 9 there are no criminal consequences for violating the open meetings law.”
IFN, which is represented by Statesville attorneys Ken Darty and Carey Parker, attempted to resolve the matter without going to court.
On June 1, the news organization advised I-SS board attorney Dean Shatley that it would not seek a court injunction if the board acknowledged it had violated N.C. Open Meetings Laws on numerous occasions, agreed not to do so in the future, and attended one hour of open meetings law training before July 1.
The board rejected the offer to resolve the matter under those conditions.
In the nine months since that settlement offer — and four months since being served with the lawsuit — the board has continued texting about official school business. It began doing so shortly after new members Kubiniec, Kurn, Brian Sloan and Abby Trent officially joined the board in December of 2022.
Board member Charles Kelly has never participated in the group texts. The latest text messages, which total 62 pages and were sent between September 2 and December 13 of 2023, do not include texts written by Trent.
However, Kubiniec, Kurn, Sloan, Howell and Doug Knight all actively participated.
Unlike the earlier texts — like the time Kurn proposed unruly Statesville High School students fight in a Thunderdome and Sloan said the district could charge admission, the latest batch of texts does not include offensive comments. Several board members also previously shared their distaste for the LGBTQ community in earlier messages.
A common thread throughout the latest texts is Kurn’s ongoing crusade to rid the district’s libraries of books that she believes meet the legal definition of “pervasively vulgar.” She continually asks the superintendent if certain titles — including “Lolita” and “Sold” — are available in I-SS schools.
On September 12, she texted the board a long passage depicting sexually explicit contact between minors, continuing the conversation about the district’s policies about age-appropriate books.
“Would the majority of our community view this as pervasively vulgar for children that are between 13-17 years old?” Kurn asked the other board members and the superintendent.
After Sloan posted an emoji of a character with its head exploding, Knight texted: “Was this book reviewed by the committee?”
“We have 3 (copies) only 8 checkouts in years. It’s in review,” James responded.
Sloan discounted the need for any type of review. “Don’t care if it’s locked in a safe and only the principle has the key,” he texted. “Thid filthy mess shouldn’t be on school grounds.”
Board members also discussed how to handle the ongoing criticism of the district’s handling of controversial books during the public comment portion of their meetings.
“I have a hunch the public still does not have the confidence in our processes and our leadership, so we might be hearing actual excerpts from books at upcoming board meetings,” Kubiniec texted on September 13. “Mostly, they have been talking around the issue, but I am hearing that is going to change.
“That will certainly make us the best ‘show in town.’ … How are you going to react? What are you going to say? What do we do going forward? Rhetorical questions for us to ponder. I believe it’s coming,” he added.
The chairman responded that he was ready. “Bring it on,” he texted, “I will no longer try to stop these people.”
The board’s discussions were not limited to book banning. Members also questioned the Nutrition Department’s $240,000 purchase of a food trailer and again took issue with the Iredell County Board of Commissioners over the new Weathers Creek High School.
Board members also expressed their sadness over the death of a district student in a car crash, shared prep football scores, and questioned staff’s handling of IFN public records requests, among other topics.
I-SS administration provided the latest batch of texts in response to an IFN public records request. Large sections were redacted by the board attorney, as was done in earlier requests.
In addition to seeking an injunction, court costs and attorneys’ fees in the lawsuit, IFN also requests that a judge order the district to provide a copy of all of the board’s text messages, including those redacted by the board attorney.
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♦ Letter to the Editor: Working at Statesville High School is a blessing
♦ I-SS Board member asks for ‘grace’ following news reports that board met secretly via text message
♦ Iredell-Statesville Schools Board of Education continues to meet secretly
I think it’s time for people to resign from the ISS board.
We have schools to build and it seams Kurn and Kubiniec just want to start trouble on issues that should be secondary to building schools.
As a taxpayer I find the games being played UNACCEPTABLE!!!
There has to be something the county or the state of NC can do to remove these two board members. Blatant disregard for the law & the board rules. Over & Over again. Will someone please launch a formal investigation into Ms. Thunderdome & Kubiniec? Iredell county is demanding your resignation. You are an embarrassment to us. Go back where you came from.
Elect Bobish and you give them a Moms for Liberty majority.
Wake up, Republicans.
Well unfortunately, if Laketha Bobish wins the primary, just wait and see the havoc this group will unleash on ISS. Laketha yes being support by Captain K, public records show $500 contribution and, yes, even Scottie Brown throwing money into the ring. These transplants will destroy a great school system and walk away saying it was their duty to fix the homegrown ills of Iredell County. If you’re in District 2, you need to prevent another pawn of the Phelps’ group from getting in. It is amazing that Laketha now has her kids in ISS and an RV set up on Summertree Drive on the Tuckers’ property. Hmm, from North Carolina to be eligible to run for office you must have maintained that residence for at least 12 consecutive months before the beginning of the term. NOT happening here; just saying! Let us dive deeper -in North Carolina, an RV (recreational vehicle) is not typically considered a permanent dwelling. So how did Bobish get to file and run? Better yet, what residency information did she supply to enroll in I-SS? I questioned board members and the district about their policy, and it states “If the student is asserting residency in the school district, sufficient evidence must be provided with the initial application, such as a copy of utility bills.” Was this done for Bobish? Strange that she has been spotted at multiple locations, one being in Mooresville. Should we trust an RV was not just put there to gain another person for the Phelps’ team — yes, Captain K is in this group! WAKE UP and VOTE!!!!
You are delusional. If you got a problem with me, come see me instead of posting anonymously on the internet.
I’m not even involved in political matters anymore yet you are still addicted to speaking my name.
The hatred and vile from your post clearly identifies you as an over weight, ugly and censured accountant who couldn’t get elected dog catcher in your elementary class if you were the only candidate.
Toxic sick people is what you are, get a life and keep my name out your mouth or put your name and reputation on your opinion. But chances are, you are too coward for that. Why you’ll never measure up to my shadow at high noon.
Oh look everyone, Micah has joined the party!
YEP…GOOD OLD MICAH!!! This man has made it known that he is here to destroy ISS school systems with his ignorant puppets that continue to embarrass our school system here in Iredell County. Just remember … what goes around comes around!
I guess harassing pregnant women isn’t enough for this guy, so he’s got to get his rocks off attacking people’s appearances now too! Shameful. To the 5 nobodies who blindly follow this man and think he is the best thing since sliced bread, OPEN your eyes!
Go look at the Moms for Liberty Iredell County Chapter webpage. Bobish is listed as the Secretary. District 2 best get out & vote for Kevin Angell. He is by far the superior choice. Let’s make sure we protect our school system.
“Board members,” Chairman Bill Howell texted on the afternoon of September 29, “my suggestion is to stop making comments. Let’s not give the media something to write about. We are for children and let’s concentrate on them.”
Never mind us breaking the law, we just don’t want it written about in the media.
After Superintendent James texted news about the lawsuit to board members, Kurn expressed some concern — but only about the potential financial cost to the district.
“How much money will this cost the school and take away from the needs of the students and teachers?” Kurn asked.
“Depends on how far it goes,” James replied.
What does the attorney for the school board advise here, just out of curiosity?
Would the majority of our community view this as pervasively vulgar for children that are between 13-17 years old?” Kurn asked the other board members and the superintendent.
Mind your business lady. What you view as vulgar or obscene in your house is your decision. You don’t get to decide for everyone else’s household.
“Don’t care it’s locked in a safe and only the principle has the key,” he texted. “Thid filthy mess shouldn’t be on school grounds.”
Sloan, I’ll give you the “thid” as a typo. But if you don’t know that principal is the term you should’ve used here, you have no business conducting school board business. Principals are probably a little important in your role. It’s quite obvious that the only book you read is the bible. I bet you want that book on school grounds, don’t you?
All of these people need to step away from their positions. None of them are fit to lead this one thing.
Brian Sloan only believes the parts of the Bible that make him superior to everyone else.
So, I see you know Cryin’ Brian as well. You summed him perfectly! LOL
Phelps’ vitriolic rant is an irrelevant commentary to this IFN story. The need to insert himself is beyond pathetic. Clearly he is feeling left out.
Yes, poor baby. No one is talking about him being a convicted drug offender nor the fact that he was arrested for communicating threats & assault on a female. Still living at home with mommy, unemployed & believing he has any impact on anyone’s life. He needs help.
The ISS is a joke and many other school districts laugh at Iredell County and its Board. This is a mess that in the end will end up costing the taxpayers of Iredell County thousands in court. The lawsuits are coming.
Why all the fake names? Probably all a part of the Red, Wine, & Blue group whose priority is to push the far left agenda and lash out against all conservatives. I encourage anyone on this thread to actually take time to meet with these individuals before judging them based on comments posted by people, or maybe even the same person, not willing to put their real name on their comments.
Nope, we are all long time locals who care about the disaster these crazies made of our school board and we want them GONE! You see us at the school board meetings. The only group who brought “non-residents” in to speak was the M4L Book Banning Handmaid’s Tale Crowd and they did multiple times. They brought people in from other counties the night Captain Narcissist lost his Vice Chairmanship. Guess it was hard to find enough in Iredell to support him.
It might be helpful for the public to be made aware of what actually constitutes an “open meeting.” According to NC Gen. Stat. 143-318.10(d), an official (open) meeting means “a meeting, assembly, or gathering together at any time or place or the simultaneous communication by conference telephone or other electronic means of a majority of the members of a public body for the purpose of conducting hearings, participating in deliberations, or voting upon or otherwise transacting the public business within the jurisdiction, real or apparent, of the public body.”
Is there conclusive evidence that text exchanges between board members show purposeful deliberation and conduction of, or voting upon official board business? Is asking a question or making a comment considered long and careful consideration of a topic? Were any votes cast or did any decision-making ensue?
The use of technology has certainly presented a wrinkle in what constitutes an open meeting given that text messages and emails aren’t sent simultaneously. Why this hasn’t been specifically addressed in the statute is a problem. I am not excusing anyone’s behavior. I’m asking questions in which there are no definable answers or precedence. Are there any court cases out there that can delineate between a gathering and communication using other devices? I’m actually surprised IFN is running an article about this considering there is a pending lawsuit. Plus, Mr. Fuhrman is referring to texts between Sept. 2 and December 13 (more than two months ago), although the article states the board continues to meet via text.
Hi Jill (Silence Dogood),
How is Micah? I saw he posted on the story. When is the patriot supply opening back up?
Thanks
Zeb
Thank you Mike Furhman and IFN for staying on this story. Our school board (except Charles Kelly) needs to be voted out. They are an embarrassment to our community. The behavior and rhetoric of these “pretend to be Christians” is not in the best interest of students!
Election Day went well. Matthews got beat badly and Bobish lost in a landslide. Kurn, Kubiniec and Sloan are up next. Hope they enjoy being one-termers!