Is this what it looks like? | Eastern North Carolina Now

By:  Hood Richardson

Could it be apathy, protection, failure to perform official duties, or yearning to be a member of a cult or clique?  Sometimes public officials forget that their public is observing, measuring, weighing and evaluating our behavior.   Most politicians will only take strong positions when they are comfortable with the support of other politicians.  This doesn’t mean their position is right or wrong.  They need the comfort of their fellow travelers on the road to their political hereafter, whether right or wrong.

Five of the seven members of the Beaufort County Board of Commissioners have taken strong positions on at least three issues involving the spending of County money.  These are the amount of money paid to the County Attorney and his duties, the recovery of any County money associated with the McRoy fraud cases in the Chocowinity area, and the future of the Beaufort County school system and the 52-million-dollar new consolidated school.

The Chocowinity fraud situation, to the best of my knowledge, involves the Chocowinity EMS, the Chocowinity Fire Department, possibly the Blount’s Creek Fire Department and possibly others.  I, and Commissioner Deatherage, based on reports from people in the Chocowinity area, requested forensic audits of the situation four or five years ago. We argued that the Beaufort County taxpayers had money in these places.  The manager took the position that once we wrote the check it was no longer our money and however they spent it was acceptable.  Stan Deatherage and I believe that commissioners are responsible to see that tax money is spent properly.  Properly, means it was spent for a legitimate county purpose.  Consequently, if the Manager were correct, it would mean that we have no duty to see to it that it was actually spent for legitimate county expenditures.  Consequently, how the money was actually spent is an obvious fiduciary duty of the County. Certainly, no taxpayer expects his tax money to be taken and used for personal expenses of any person.  This money is not donated by the taxpayer, it is taken by force of law. 

The five commissioners voted to do nothing. That is a clear dereliction of the fiduciary duty of the Manager and the majority of the Board. This duty does not end even when the money is taken via a “special tax.”  It is still a tax and taken from the taxpayers via the authority of the Board of Commission.  Certainly, if the Board makes an appropriation to the school system it still has a duty to monitor how the money is ultimately spent.  The same is true with fire and EMS taxes.  That’s simply common sense.

Now that accusations of fraud are in the air, the County Manager has not changed his position.  Using his logic, Commissioners have no oversight control of County money once he writes a check to someone or organization.  Five Commissioners agree with him.  The Manager insists that he knows nothing of the Chocowinity situation. However, it was mentioned during a recent meeting that some members of the County staff have seen the first draft of the forensic audit.  The Board of Commissioners should be presented with all the information any County employee has of this situation.  County Commissioners are denied information with the approval of Fake Frankie Waters and four of the Commissioners.  They are: John Rebholz, Randy Walker, Ed Booth and Jerry Langley.

The situation with the 52-million-dollar consolidated school is no different.  I predict we will be presented with the plans and bid information with no notice along with the demand that Commissioners approve the plans and bid amounts without scrutiny, likely on the same day, with no public comments provided for.  Fake Frankie Waters, John Rebholz, Randy Walker, Ed Booth and Jerry Langley are supporting this secrecy.  There are no written reports that objectively say a consolidated school for 1,000 students is the best for the future of education in Beaufort County.  There are no studies of alternative sites that might be a better use of tax dollars.  There are no written reports that say anything about future plans for operating schools when the 52 million dollars are spent. The Superintendent, Matthew Cheeseman, is making all the decisions.  Large, consolidated schools have not delivered the results promised.  There are strong arguments for neighborhood schools for the lower grades.  There should be solid data on the cost of crosstown busing patterns versus neighborhood schools.  A legitimate student population study has not been disclosed as of yet.  Therefore, we have no basis for determining where any new school/classroom additions should be built.  Moreover, we have yet to be furnished with an engineering study on the existing Eastern Elementary facility.  How much would it cost to bring that facility up to standards?

The Superintendent’s plan forces continued cross-town bussing according to decisions made by courts 20 years ago. Most of those decisions have been struck down by modern courts.

The case can be simply stated:  How money appropriated by the Board of Commissioners is a fiduciary duty of the Board of Commissioners and the Manager.

How does the County Attorney fit into this?  The County Attorney is, among other things, is the advisor to the Board on legal matters.  Our County Attorney, David Francisco, is paid $7,000 per month for his service, which includes attending Commissioners meetings, occasionally other meetings and advising the Manager and department heads.  Historically, I am completing my 28th year as a Commissioner. Historically the County Attorney has answered questions posed by Commissioners at Board meetings or volunteered his opinion when he felt the Board may be wandering into the legal weeds.  Attorney Francisco has rarely volunteered his opinion and only answers direct questions approved by Fake Frankie Waters and his Gang of Four, John Rebholz, Randy Walker, Ed Booth and Jerry Langley.  As I have pressed for information about the Chocowinity fraud and the rights of the Board of Commissioners regarding the school situation, Attorney Francisco has pointedly told me that…he is not my attorney.  The Board of County Commissioners has voted that Francisco may not answer my questions unless they vote for him to answer.  They further asserted that everything Francisco does has to have Board approval.  Consider where that will lead.

I reminded them of two corrupt actions they did without public notice and without even having discussions in closed session.  They dissolved the Hospital Board and took the 7 million dollars held in the Hospital Trust Fund by placing it in the fund balance.  They did this by secretly hiring a Raleigh Attorney to advise them on how to do it.  All done in secret without public notice.  Their second corrupt act was when they decided to illegally punish Stan Deatherage by having his contract with the school board to provide specific computer services cancelled.  This was done without public notice by having the legal research done without the approval of the Board of Commissioners.  

Regardless of any instructions, the majority of the Board may give Attorney Francisco, he has the obligation to advise the Board properly.  Never, during my 28 years, has the County Attorney refused to participate in questions asked by any Board member until now.

I made a request for all payments made by Beaufort County to Francisco during the calendar year 2023.  There are hostile communications and to some extend double talk going on between me and the County Manage about what Francisco is paid.  I refer you to the last 30 minutes of the August Commissioners’ meeting.  It is on video.  As I understand Francisco receives only $84,000 per year.   The manager insists he is not paid one dime more for anything.  The hostility arose when I requested to know the amounts paid for expense accounts, other contract work performed outside his contract, amounts paid and reported on 1099 forms and other forms.  According to the County Manager there are no payments for these items. As I understand, the absolute total amount Francisco is paid is $84,000 per year.  He is paid no other money.  Nonetheless, how much any “contractor” (i.e. non-employee) is paid and for what purpose, is a matter of public record.

I have again examined the Manager’s email that he used to report this information to me. There were three attachments, the schedule showing the $7,000 per month payments, Francisco’s contract and a copy of General Statute 105-259.  The County Manager is using this statute as an excuse to not report.  He is saying two things at the same time.  He is saying there is nothing to report and by statute he cannot report. Which is it? The General Statute does not apply because I am not asking for confidential information. What is paid the Attorney, and for what, is a matter of public record.  N. C. law mandates “open government”.   That means any information not specifically excluded from public disclosure by statute is a matter of public record.  The burden of proof of what is confidential information rests upon a specific enumeration of what is confidential and everything else is a matter of public record.

Is this what it looks like?  A County Manager, a County Attorney and five commissioners have formed a secret society aimed at withholding public information.  Information that is a matter of public record!  Can government function properly with this kind of behavior?  Is this apathy, protection, failure to perform public duties, or yearning to become members of a cult or clique.  Could it be all of these?  What is clearly not is Open Government.