BY KARISSA MILLER
During the Iredell-Statesville Schools Board of Education meeting earlier this month, District 5 representative Mike Kubiniec publicly called out the board for what he views as a violation of the state’s open meetings law.
A day after notifying the board of his concerns by email, Kubiniec raised the issue during the August 11 board meeting.
The board’s 2025-2026 meeting schedule, which was listed on the I-SS website, listed 6 p.m. as the official meeting time, Kubiniec said. In reality, the board has been meeting at 4 p.m. in closed session.
“You have to be in an open session to go into a closed session. We meet at 4 p.m. in an open session then go into a closed session. However, the public wasn’t notified that we were doing that,” Kubiniec explained.
The closed session is not open to the public. These sessions are held when the board discusses confidential matters such as legal issues, personnel matters and real estate transactions.
Chairman Doug Knight said that when Kubiniec initially brought up his concerns, he consulted with the school board’s law firm, Campbell Shatley PLLC. Attorneys Dean Shatley and Ashley Leonard typically handle the district’s legal affairs.
“They are trained in educational law, which is their specialty,” Knight said.
The board has followed the law, Knight added.
The I-SS board’s attorneys did advise the board to update its 2025-2026 meeting schedule to reflect an official meeting time of 4 p.m.
Kubiniec, however, argued that the superintendent’s secretary didn’t have the authority to adjust the time without the board voting on the matter.
Knight disagreed.
“Changing it from 6 to 4 on a document is a minor change. Not enough to make a difference that we have to reapprove a schedule,” the chairman said.
“The motion was only for the days. It didn’t go about and talk about the times. So it’s moot,” he added.
Kubiniec was not convinced and said he disagrees with the attorneys’ views.
“I’m not trying to be a jerk or a trouble maker here. I’m trying to be very precise — with the reading of the law, the code of ethics and my oath of office,” Kubiniec said.
Closed Session Discussion
The board also discussed the early start time of its closed session meetings.
Kubiniec argued that having an early closed session meeting time is a disservice to members of the public who might want to attend the meeting. He also said that the doors to the meeting room are typically closed, which prevents the public from entering the 4 p.m. meeting.
Vice Chair Cindy Haynes said that when she recently rejoined the board — she was appointed to replace Abby Trent, who resigned — that there was no discussion of the 4 p.m. start time until just recently.
“When I was in the board 2014-2017, I will say that the open meeting did start at 6. Then we went into closed session. There were nights that I didn’t get home until midnight or after. Before I got home before midnight or 1a.m., we had to get back into open session and there was nobody out there,” Haynes said.
To ensure greater public access, the board agreed to keep the meeting room doors open for the public to attend the 4 p.m. Additionally, the district will now livestream the 4 p.m. meeting for those who cannot make it in person.
The public will likely see a stream that shows an empty board room because the board will only momentarily be in an open session before they move to behind closed doors for their closed session.
They are discussing more than what is presented to the public in their closed sessions. And releasing the past minutes of closed sessions as advised by law would reveal that.
There’s only a few reasons that past closed session minutes stay sealed, they are not meeting those requirements.
This board, led by its two masterminds, doesn’t care if they follow the rules because they know recourse is not easy.
The 3 types of items discussed in closed sessions are listed. The attorneys advise on the legality of discussing them in closed sessions.
The board attorneys are probably better qualified than you to know what the law says.
This is absurd coming from Kubiniec. He has been participating in closed meetings like this for quite a while and meetings conducted through email. Has he recently received bad news about his health and thinks this will make it easier to gain entrance into Heaven?
Are you serious. Members of this board have been meeting (with a quorum) for the last several years to BREAK bread.
All of the people who object to the closed sessions starting w/out a momentary “open” session are now welcome to show up at 4:00 pm just in time to be herded out for the closed session. Best bring a book (oops–you probably prefer banning those to reading them) or, more likely, your phone to keep up w/the latest bogus thing about which to be outraged
Thank you Micah Phelps for getting this guy Kubinec elected.
We are so grateful. Pffft
You are welcome. Cap has done a very good job. Clearly the smartest man on the board. Yall keep saying my name I might have to come stir things up a bit. Be careful waking up a sleeping giant in a rude way, all I can say lol
When will the citizens of Iredell County finally wake up and hold this school board accountable? The current leadership has turned into a public embarrassment. Instead of focusing on students, they’ve turned board meetings into something that looks more like a daytime soap opera than serious governance.