It was clear Tuesday that the new Wake County school board majority had come to the meeting with a definite plan of action in the form of seven resolutions and a policy they added on the spot.
As noted in today's article, members of the new majority acknowledged that they held private meetings ahead of time in order to make a big splash at their first meeting. It looks like their actions complied with the letter but not the spirit of the state Open Public Meetings Law.
"It's a clear violation of the spirit of the law," said Cathy Packer, a media law professor at UNC-Chapel Hill.
Packer said the fact that they weren't officially on the board yet is why it was likely legal for them to meet privately. But she said they could have notified the public that they were meeting so they could atted.
Scott Warren, attorney for the board of commissioners, said he wouldn't have advised new members to meet as a majority before they were sworn in.
The new majority stands behind the legality of its actions because the new members weren't in office at the time they met with new board chairman Ron Margiotta and members of the public. Margiotta declined to say which members of the public met with them to have input in the items that were presented Tuesday.
New board member Chris Malone said they had met ahead of time in order to make sure they were prepared for Tuesday.
"What a terrible message that would send if we were not prepared," Malone said.
Margiotta said it wasn't possible to get the resolutions and policies to other members ahead of time. He said even he didn't have copies of all the agenda items before they were discussed as individual new members handled different ones.
Margiotta said the new majority didn't want to wait to handle the eight items because there's a lot of other stuff they want to get to at the next meeting, now scheduled for Dec. 15.
Margiotta said they may revote Dec. 15 on some of the resolutions that were brought up Tuesday. Several of the items were approved with changes suggested by the board minority.
Malone said they wanted to move so aggressively on Tuesday to show the public they're serious about their campaign promises. He noted how some past new board members hadn't followed up on their campaign promises.
In the future though, Margiotta said they'll have the items on the agenda ahead of time.

Comments
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Fri, 01/08/2010 - 22:28 — yuying520dhkjcxhviuye
The letter verses the spirit of the law
Fri, 12/04/2009 - 15:35 — dave36Re: "The new majority stands behind the legality of its actions [meeting before they took office] because the new members weren't in office at the time they met with new board chairman Ron Margiotta and members of the public."
The purpose of the State's open meetings law is to ensure that the public and press are not kept in the dark and prevented from having input into decisions made. It seems to me that purpose was not thwarted, in that the issues handled had been widely discussed & anticipated. So I don't think the spirit of the law was broken.
It seems ironic that the liberals all all up in arms about this, when you never hear them complain about how Democrats in the NCGA and Congress routinely draft massive legislation behind closed doors, and don't even give the rest of their legislative bodies (let alone the public!) time to READ the bills before voting on them.
In fact, I've NEVER heard even a liberal complain about Obama's multimillion dollar profiteering on his election to the U.S. Senate, while still Senator-elect!!! If any case of "skirting" rules should cause outrage, that one should. Senate ethics rules are supposed to prevent Senators from profiteering on their offices, or taking money in sufficient quantity to influence them. Obama took $1.9 million dollars after being elected to the U.S. Senate, but before he took office, as an "advance" for three unwritten books. $1.9 million is sufficient to influence most folks, CERTAINLY including Obama.
http://capitalfax.blogspot.com/2006/05/barack-obamas-new-book-out-this-fall.html reported:
"What's been largely left out of the media coverage of Obama's book deal is that he received a $1.9 million advance for his three book deal after he won his Illinois US Senate seat, but before he was sworn in, which allowed him to skirt Senate ethics rules."
That was wildly inappropriate behavior. Though he managed to skirt the letter of the Senate ethics rules, he certainly behaved unethically. But I've never, ever heard a liberal make a peep about it.
Irrelevant and tangential
Fri, 12/04/2009 - 15:55 — supportwcpssEverything you said is irrelevant. It doesn't matter what the old Board did or what Obama did or the leader of some 3rd world country did.
The fact is they walked in, bullied others, didn't listen, had private huddles, stumbled over procedure, and overall behaved poorly. I'm hoping they get over it and start acting like grown ups.
Are you Diana Bader or not?
Mon, 12/07/2009 - 13:44 — CaryCurmudgeonAre you Diana Bader or not?
What is irrelevent is your
Mon, 12/07/2009 - 08:55 — woodstockWhat is irrelevent is your opinion. And your opinion will remain irrelevent until or unless you can find a way to make your assertions in a rational and respectful manner.
No one was bullied and the only people who behaved poorly were the disrespectful audience members who continued to shout immature and rude remarks even after being asked to quiet down.
Jennifer Lanane of the NCAE and the angry and shrill lady with the blocks made it very clear they are nothing more than sore losers who have yet to accept that their candidates did not win. Their candidates lost because they did not listen to the public. The candidates who won so overwhemingly, and with significantly greater voter turnout than in years past, did so because their platforms were embraced by the families and voters of Wake County.
So the choices are: 1.) respect the new board members with the understanding that they did indeed listen to their constituents -- which is why they are now in power -- and have a voice in how things proceed or 2.) remain shrill, insulting and irrational and remain irrelevent.
The fact is they walked in
Fri, 12/04/2009 - 16:31 — red_balloonThe fact is they walked in having done their homework, listened to parents, prepared a plan, weathered a hostile environment, forged ahead, made progress, and were open minded enough to adopt a revised plan of action. And that success burns you up!
Amen!!! I guess they
Fri, 12/04/2009 - 23:34 — aquaman4life68Amen!!!
I guess they should have coward down to the NCAE people there, speaking for the teachers, where there's MANY MANY MANY teachers that do not support nor want PLT/Wacky Wednesday. The new board stood up and face opposition and actually went in to tackle issues that their district had issues with. If that is a bully....then by all means I hope they go in and BULLY everyone at every board meeting!
Interesting and on target
Mon, 12/07/2009 - 14:12 — Dadof3You wrote "coward down" when I think you meant "cowed" but interestingly, it means essentially the same thing, albeit is more poetic here. And, yes, that's partially why we're in the mess we're in. We've become cowards for fear of the vitriolic rhetoric (or worse, professional impact) that the NCAE and the like will spew if they don't get their way.
That said, I'd still prefer the standard review process before the next meeting. Slow is fast.
Bingo!
Fri, 12/04/2009 - 17:39 — woodstockBingo!
How quickly we forget...
Fri, 12/04/2009 - 11:36 — louiselee44"Blindsided"? "Devious"? "Behind the back" tactics?
Whether you agree with what the current board just did or not, at least try to be fair about facts. Here's just one example, from the spring of 2006, when the school board totally surprised citizens with a vote that wasn't "supposed" to have taken place. The whole story isn't in this excerpt from my email (sent to board members on May 4th), but Keung is checking the archives for me.
Explain what happened last Friday! You are aware of the fact that reports are still representing your vote as a “done deal”. And why shouldn’t they?!? After all, you did vote, even though you didn’t have to. A Board member explained to me exactly what that vote meant, and that the “real” vote still won’t take place until May 16. Try telling that to the general public – it makes no sense! To make things worse, you voted when the member who most adamantly opposes the proposal was out of the country! And what about the teachers? You sent out a survey on Wednesday, then had the nerve to vote before the survey was even due, much less tallied! Even the results of the News and Observer teacher survey had not been made public. Imagine how this looks to people! I would like to believe that none of this was your intent, but it’s hard to explain away. I even drove out to Cary to see first-hand what was taking place, but you had adjourned early. To make it even worse, this only deepened the lack of trust that so many people have for the school system. That mistrust is, in my opinion, one of the main factors driving opposition to a bond referendum – the other being a deep resentment for what parents see as a threat to their families – mandatory year-rounds. I share all of this with you not to place you on the defensive, but to let you know that this is a general perception that is shared “on the street.” You need to know.
Thanks Keung...
Fri, 12/04/2009 - 13:23 — louiselee44This had to do with a vote to convert around 50 schools to MYR. Talk about panic on the part of citizens!
This is all well and good
Fri, 12/04/2009 - 12:26 — carson79This is all well and good but how do 2 wrongs make a right?
Seriously someone please answer this! Nobody has responded to the many people who have asked this.
You took a lot of time and did a lot of research to bring up the other wrong above, and for what?? Nobody said the previous BOE was perfect! So I think you've wasted your time.
Agreed
Fri, 12/04/2009 - 15:23 — Dadof3Two wrongs don't make a right.
I am a supporter of the changes to the new board, but I also believe that what the old board did is now irrelevant (outside of historical study on what NOT to do, in the main.) and thank goodness for that. A response of "Well, so did the old board." and the like is unsatisfactory and arguably don't help the new board. (I'm a fan of classical liberal debate — I believe it strengthens, not diminishes.)
To that note, I supported Bob's contention that the board apologize regarding the presentation of policy goals. I don't see the smoking gun the reflexive opponents do, but, rather, an honest mistake.
Move on
Fri, 12/04/2009 - 16:51 — louiselee44I truly did not write my post with a "well, so did the old board" attitude, but I can see how some of you might take it that way. I'm just so tired of people saying and/or heavily implying that certain actions are a phenomenon or are unprecedented. As I said before, I wrote it with those individuals in mind. If you're not one of them, I'm sorry that my fact-sharing upset you so.
Generic statement
Fri, 12/04/2009 - 17:21 — Dadof3Louise, you remain my hero. That was a generalized sentiment that coincidentally appeared in your thread. I don't believe I saw you write that, either. I just grabbed the nearest soapbox. :)
Thank you so much
Fri, 12/04/2009 - 18:21 — louiselee44There are a lot of us (on both sides) up on soapboxes here lately! It's just been a long haul for me on the MYR issue, and I'm tired at the end of the week - like everyone else!
Thanks again :^)
Exaggeration
Fri, 12/04/2009 - 15:51 — supportwcpssI think you are exaggerating when you reference a smoking gun. I think what people are referencing is that this first meeting is a potential scary example of how this new Board plans to operate. Based on this one meeting, I see a Board who is operating the same as opponents claimed the old Board did - just in a different direction.
You can discredit the 'new' opponents, call them rude, and describe them as a minority but that is no different then what you claimed people did to you 3 months ago. They have an opinion and should be listended to.
supportwcpss,You seem
Sat, 12/05/2009 - 07:57 — woodstocksupportwcpss,
I understand you are the block lady from the BoE meeing. You seem genuinely interested in Wake County schools, but your and your cohort's insulting tactics and demeanor only builds barriers to communication. Maybe this belligerent approach worked for you in the past, but I very much doubt it will be effective going forward.
The new BoE majority is comprised of very intelligent, knowledgeable, and caring individuals with a vison for improving the schools in Wake County and advancing the academic success for ALL students. You may not agree with their direction, but unless your tone changes and you lose the insulting and disrespectful rhetoric, your opinion will be lost in the noise.
Listening to tantrums
Fri, 12/04/2009 - 16:14 — Dadof3The hysteria regarding the first meeting is, as I've read here, (and on average, not every case) tends to be petty, juvenile or emotionally-based. Tantrums aren't really a listening moment, are they?
Please be specific about what I, and not your "you people" strawman, claimed three months ago, in the context of "listening." I suspect that the two don't align.
Are you going to throw your
Fri, 12/04/2009 - 15:56 — trollwatcherAre you going to throw your blocks at them at the next meeting ?
What is this about? I must
Mon, 12/07/2009 - 00:15 — carson79What is this about? I must be missing something, is this a personal conversation or something??
What the new board isn't
Fri, 12/04/2009 - 14:43 — red_balloonWhat the new board isn't wrong. It is necessary. We will talk about "two wrongs" when they do commit a mistake. Until then, the whole episode is blown out of proportion. Items got added to an agenda at the first available opportunity and voted. If a board member got blindsided by the issues, he/ she should resign. It's a shame if the blindsided board members continue.
Well
Fri, 12/04/2009 - 15:05 — Bob_SconceSo, the minority members knew approximately what was going to happen -- it's been clear for months, and they're not stupid.
The problem, though is that they didn't have the specifics. And, that's where the incoming board went wrong and (IMO) should apologize -- they can't come in with a new policy that nobody else had seen before and expect the minority members to vote on it. The majority still needs to go through the basic process of "here's what we propose. You look at it and if you want to propose some changes, we'll consider them, and then we'll vote." Now, they can drastically shorten the timeframe for that process, and there's no requirement that any of the minority's proposals be accepted, but the core process should still be followed.
I'm not suggesting that the minority should be appeased -- that's just not going to happen. But, they do need to be given the time to allow them to carry out their duties.
I understand but given the
Fri, 12/04/2009 - 17:03 — red_balloonI understand but given the history of the old board I doubt they would have gotten anything done if the task was approached in a professional manner.
I saw nothing unprofessional
Sat, 12/05/2009 - 08:03 — woodstockI saw nothing unprofessional in the manner in which the new majority set the stage for moving forward. It was the right tone at the right time. Yes, it was bold, but that was better than letting things linger and pretending that significant changes were not forthcoming. Now, everyone can get their bitching and complaining out of the way and the BoE can get to work.
Perhaps...
Fri, 12/04/2009 - 23:34 — Bob_SconceBut, that's not a good justification.
The alternative is to engage
Fri, 12/04/2009 - 23:52 — red_balloonThe alternative is to engage in desultory euphemisms and squander momentum and the future of the children in the county. The 12/1 tactics were not what I would employ but I do not discount the fact that they were led by an experienced member who knew the terrain, the players, and the rules of engagement. The children who will gain from the direction of the new board will be thankful for 12/1.
So...
Sat, 12/05/2009 - 09:48 — Bob_SconceI'm very happy that they dug right in and started dealing with these issues on the first day. That sends a clear signal. It's also important not to lose momentum by allowing stalling tactics and delays.
On that principle, moving Ron into the leadership position was the right thing to do in order to block the inevitable roadblocks the other side will try to put up.
My concern is that the board not go so fast that it makes it impossible for the minority to do their legal duties, one of which is to be informed of the matters on which they are voting. From the accounts I've seen, the majority came pretty close to doing so on Tuesday.
Now, that doesn't mean that you have to give the minority the power to veto actions or slow the process -- it's always been OK to cram something down the minority's throat, but you have to at least give them some notice.
By your standards
Fri, 12/04/2009 - 14:55 — supportwcpssthe new board will neber commit a wrong. Keep following off the cliff.
Handy records
Fri, 12/04/2009 - 13:40 — louiselee44No...two wrongs don't make a right - but, as you know, everyone has their own opinions as to what is "wrong" and what is "right".
Carson, I find it hard to believe that you think historical data and past experiences are unimportant. I know I haven't wasted my time. In fact, I am thankful that I documented so much over the past years. It might just come in handy!
Yes
Fri, 12/04/2009 - 14:45 — supportwcpssWhen you are using history and facts to make sure you don't make the same mistake of course it is important. But when you are saying "Well the old board acted poorly and rushed into things" when people criticize the new board for the same things, then it's pointless.
So
Fri, 12/04/2009 - 12:05 — supportwcpssMs. Lee, why do you keep going backwards. Does your historical references mean that the curreny board is no better? Tired of people saying "Well look at what the old Board did.." I agree some of their processes were wrong. Now admit the poor antics of the new board in their first meeting.
fairness in reporting
Fri, 12/04/2009 - 13:28 — loriacI don't remember any of these types of slanted articles when the 'old' board pulled some of these antics.
I think the historical references are interesting just to see how it was reported then vs now.
I'll tell you why..
Fri, 12/04/2009 - 13:09 — louiselee44because I believe facts are important, that's why. It seems like a lot of folks start squirming when facts are brought up. Also, I have this "thing" about fairness. IF the "old" school boards had heeded years of helpful input, data, warnings, past track records,etc., we wouldn't be in the situation in which we now find ourselves. I personally think that's relevant, and important for people new to the issue to know, lest they think that last week's "surprise" was something unique.
If you have followed my comments in the past, you know that, when I'm able to do so, I present facts when I feel that either "side" has been misrepresented.
I find it hard to believe that you don't think history is important.
Poor by professional
Fri, 12/04/2009 - 12:13 — red_balloonPoor by professional standards but you are talking about people (old members and audience) who are not used to a better working model.
Not a lot of objectivity here
Thu, 12/03/2009 - 12:32 — doctorjLet me start by saying I oppose forced bussing so I actually do agree with much of the new board members' agenda. That said, if you think if you think the way they are going about doing business is the right way to do things, then it’s pointless to even try to have a rational discussion. Heck I agree with them on some things but I don’t like the method. Is there anything wrong with discussing things with the other members or even letting them in on the agenda? Please stop using the old board as your justification. If the old board was as bad as you all believe, why would you keep using them to justify this board's actions? I’m sure you all learned in 1st grade that two wrongs do not make a right. This new majority is acting about as partisan and divisive as possible and most of you love it only because you are getting what you want. The very things you howled about the old board doing, is now your justification. I’m sorry, I am not a fan of knee jerk decisions. I’m not a fan of private meetings between just a portion of the board. Yes I personally think wacky Wednesdays are a bad idea, but I would have at least had some dialogue with teachers and faculty before making a decision.
No "knee-jerk" decisions
Thu, 12/03/2009 - 13:05 — woodstockNo "knee-jerk" decisions were made. You would have to be living in a cave not see this coming. The new members have worked for years for this change and campaigned and won elections based on this change. It would be disengenuous of them to pretend they weren't going to move forward with it.
"I’m not a fan of private meetings between just a portion of the board."
The board did not meet in private.
For years?
Thu, 12/03/2009 - 15:47 — SDR256We agree mostly, but the new candidates only came on the scene in early summer of this year. I could be wrong, but I'm not aware that any of them (except perhaps Deborah Prickett) has had any involvement with school change issues before this. Not to diminish their passion or their intent, just sayin'....it doesn't take someone years of experience to be involved and effective.
You must be referring to
Fri, 12/04/2009 - 11:32 — woodstockYou must be referring to coming on the scene in an official or public capacity. It is my understanding that each of the new candidates have been very aware of WCPSS issues and personally involved in seeking change over the years. They were among the throng of fed-up parents and citizens who have been frustrated by the status quo BoE and recognized the only way to orchestrate the needed change was to seek office and engage in it directly. So, they stepped up and made it happen.
....
Fri, 12/04/2009 - 12:40 — Sideburns"So, they stepped up and made it happen."
You are correct, woodstock. And their motivations are pure.
exactly right! this was
Fri, 12/04/2009 - 11:57 — AngelaWexactly right! this was years' in the making and the alignment of so many factors, the "perfect storm" if you will is the culmination of years of many many parents fighting a system and the "right" candidates stepping up.
if nothing else, I would think the previous BoE's are owed some thanks ( I know, I know *gasp*) ....you see it was THEIR arrogance, THEIR disrespect, THEIR ramming through of cockeyed ideals that drove this train...ultimately it was the three-year plan, MYR and Wacky Wednesdays (to name a few) that combined many more parents of WCPSS than ever before to work together. So many previous smaller factions of parents have formed and fought for YEARS and this brought more of them together.
Ok...
Thu, 12/03/2009 - 13:04 — Bob_SconceSo, I'm not altogether pleased with part of the "in-your-face" method. In particular, I think that all of the policy changes should have been added to the agenda for the December 15th meeting, and not voted on initially, just to avoid the situation where people were voting on policy language that they had never seen before. In the end, they sort-of got there, but it would have been better to have done it up front.
That said, most of the items did not need discussion. Stopping spending on Forest Ridge, for example -- that was telegraphed well in advance, and the old board members had looked at it in detail. They needed no more notice. Cancelling Wacky Wednesdays is another example -- the old board was well aware of the widespread discontent, and just chose to ignore it. And, I have no issue with deposing Kevin Hill. Sure, his term wasn't up, but he was named by the former board, and if the new board chooses to be led by somebody else, that's its right. The deposition had nothing to do with any board policy. Finally, I have no issue with adding another board meeting on the 15th--cancelling it was a decision made by the former board in an effort to slow the new board's progress, and it was altogether fitting to add it back.
Sure, the old members may have felt like those things were getting rammed down their throats. And, in a way they were. But, that's what happens to minorities.
Objective enough? It's difficult for me to criticize when the people I supported get in start doing exactly what I want them to do, even if they ruffle some feathers in doing so. Sure, their methods could use some polish, but the goals are correct.
I am not only pleased, I am
Fri, 12/04/2009 - 12:02 — woodstockI am not only pleased, I am thrilled! A powerful statement was needed to make it very clear that change is coming and certain core principles will be non-negotiable. A decade of ill-conceived ideas that relinquished academic success to a secondary goal must be overcome. This is no time for worrying about hurts feelings. Our childrens' education is at stake.
“I am not only pleased, I
Fri, 12/04/2009 - 13:26 — user12345“I am not only pleased, I am thrilled! A powerful statement was needed to make it very clear that change is coming and certain core principles will be non-negotiable. A decade of ill-conceived ideas that relinquished academic success to a secondary goal must be overcome. This is no time for worrying about hurts feelings. Our childrens' education is at stake.”
So, any semblance of a democratic process, transparency, consensus building, information gathering are gone now? Ron knows what is best so get to the back of the bus. When you are Right you are right.
BWT, looking at Ron’s top eight priorities none address your famous 54.2% quotes. We are not surprised.
=====================================
“For me, it all boils down to the fact that after decades of effort and sacrifice to achieve a narrowly focused ideal of socioeconimc diversity, we are left with a graduation rate for low income students of 54.2%.” <Woodstock >
“ED students at Broughton have a graduation rate that is a whopping 1.8% better than our infamous 54.2% district average.”
“ED graduation rates have been heading south for years and now stand at 54.2%.”
“So, Aiken has education experience. Then why does he support a 54.2% graduation rate for poor students, systematic and institutionalized discrimination of poor and minority students,”
"BWT, looking at Ron’s top
Fri, 12/04/2009 - 14:26 — woodstock"BWT, looking at Ron’s top eight priorities none address your famous 54.2% quotes."
Are you kidding me??!! You need to keep up. One of the first things the new board did was to put achieving academic success at the top of the priorities in the student assignment policy. For the past decade some convoluted and bastardized version of "diversity" was the main goal and student success was way down the list.
We'll see ... I'll be
Fri, 12/04/2009 - 15:41 — user12345We'll see ... I'll be pinging you on the 54% each year to see how your heroes are doing ... really, I would not mind eating crow on this one ... These guys are going to burn out on ending YR, stopping that HS, and finding seats for all the kids coming before they get to the 54.2% problem.
Ping away. It is interesting
Fri, 12/04/2009 - 17:50 — woodstockPing away. It is interesting that you now find that number relevent since you never cared about it before.
I have always cared about
Sat, 12/05/2009 - 11:52 — user12345I have always cared about it. It was you mentioning it only during election time I found annoying. Now that you have gotten your way, I just want to keep you on notice.
I will help out too!
Mon, 12/07/2009 - 00:29 — carson79I will help out too!
Ditto
Fri, 12/04/2009 - 15:58 — supportwcpssI want to second this statement.
To their followers...how long does the Board hav eto fix the 54%? 1 year? 2 years?