NCGA: Giving school boards judicial powers ??? | Eastern North Carolina Now

    Publisher's note: Brant Clifton reminds us that the Constitution does matter in his "bare knuckles" Conservative online publication known as The Daily Haymaker.

    That's what it appears House Bill 561 does:

    [...] Power to Subpoena and to Punish for Contempt. - Local boards of education shall have power to issue subpoenas for the attendance of witnesses.witnesses and for the production of all tangible things, including, but not limited to, documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic communications, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics.

    Subpoenas for the attendance of witnesses may be issued in any and all matters which may lawfully come within the powers of the board and which, in the discretion of the board, require investigation;investigation. and it shall be the duty of the sheriff or any process serving officer to serve such subpoena upon payment of their lawful fees. Subpoenas for the production of tangible things may be issued in matters where an employee is suspected of committing job-related misconduct and which, in the discretion of the board or superintendent, require investigation. It shall be the duty of the sheriff or any process serving officer to serve such subpoena upon payment of their lawful fees.

    Local boards of education shall have power to punish for contempt for any disorderly conduct or disturbance tending to disrupt them in the transaction of official business." SECTION 3. This act becomes effective October 1, 2015.


    How do we define "disorderly conduct"' or "disturbance"? Would all of those people who protested the ouster of Moore County Superintendent Bob Grimesey get classified as "disorderly"?

    What does contempt mean? Can my school board chairman have me jailed if I, say, publicly and verbally question his mental capacity? Can Chuck Suter be hauled off by deputies if he refuses to turn off his camera at a public meeting?

    We're heading down a dangerous path giving judicial / law enforcement powers to people who are not trained (or elected) to perform judicial / law enforcement activities. Are we really ready to move school boards from approving curriculum and lunch menus to wide-open judicial inquisitions?

    This smells like a great way to kill any transparency efforts. Keep potential scandals in-house and under wraps.

    Republican Hugh Blackwell and Democrat Rick Glazier are behind this atrocity. Hopefully, this legislation will die a quick, painless death. It's a really bad idea.
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