Chief releases apology for post
By News-Argus Staff
Published in News on February 10, 2017 9:56 AM
West
A letter of apology from the desk of Goldsboro Police Chief Mike West went out publicly Thursday night, following a series of closed-door meetings of the Goldsboro City Council regarding public concern about West's social media activity.
Those meetings, however, might not have been in line with state laws governing open meetings held or attended by elected officials.
Concerns raised by the local branch of the NAACP have resulted in weeks of controversy surrounding West's personal Facebook page.
West has apologized both in person and now in writing for his take on a presidential campaign slogan used by then-candidate Donald Trump, "Make America Great Again," and tailoring it to the Goldsboro Police Department.
The meetings called to address the NAACP's and other community member's concerns, though, failed to comply with the N.C. Open Meetings Law, a state press attorney said.
Mike Tadych, attorney with the N.C. Press Association, said a Monday closed session by council shouldn't have taken place because the chief is not employed by the council.
A Wednesday night privately called meeting, involving three members of the council, also served as a self-appointed subcommittee that is required to follow the Open Meetings Law, Tadych said.
The Wednesday meeting where Mayor Chuck Allen, Mayor Pro Tem Bevan Foster and Councilman Antonio Williams met with leaders of the local NAACP branch should have been open to the public and complied with the law, including the taking of meeting minutes.
City attorney Jim Womble, with the Everett, Womble and Lawrence law firm, said he was not aware of the Wednesday meeting.
CLOSED SESSION
Womble said the council was allowed to enter into the Monday closed session, which took place during a work session, to discuss personnel.
But because the police chief is employed by the city manager and not the council, the closed session shouldn't have taken place and violated N.C. General Statute 143-318.11(a)(6), Tadych said.
"The police chief doesn't, technically, work for them," Tadych said. "They really shouldn't be discussing someone (they) don't even employ."
The council can go into closed session for a personnel matter, if the discussion takes place between the council and the city manager, who is employed by the council, Tadych said. The council can also discuss the performance of the city manager in closed session, which it typically does, at least, on an annual basis.
"Why are they discussing the police chief at all?" Tadych said. "Isn't that under the jurisdiction of the city manager? The police chief serves at the will of the manager."
A heated exchange between several council members Monday sent the board into closed session after the police chief's name was pulled into a discussion about the city's social media policy.
The police chief has recently come under fire by residents and members of the local branch of the NAACP who were offended after seeing a President Trump likeness photo of West on the chief's personal Facebook page. West also wrote "Making Goldsboro PD Great Again," which raised concern from residents who view the words more akin to make America white again.
The NAACP is calling on city leaders to take disciplinary action against West. No action has been taken and West has not violated any rules regarding conduct, said Scott Stevens, city manager.
"I don't see, at this point, any action to be taken against the chief," Stevens said Thursday. "I don't think I could do anything that's worse than what the chief has been through this past couple weeks. It has really bothered him."
PRIVATE MEETING
On Wednesday evening, a private meeting was held in the city manager's conference room involving 16 people and lasting two hours.
Several leaders of the NAACP met with Allen, Foster, Williams, the city manager, the police chief, the city's community relations director and the city's public information officer. The meeting involved an open discussion about NAACP concerns and city leadership interests in finding common ground, Stevens said.
The Wednesday meeting again failed to comply with the state Open Meetings Law, due to three members of the council becoming a subcommittee on behalf of the seven-member council, according to NCGS 143-318.10(b), Tadych said.
"That makes them a public body, in an of themselves," Tadych said. "That's a de facto subcommittee, and it has to comply with the Open Meetings Law."
The city's attorney said, however, the council met legally because a quorum, or majority, of the council was not present.
The law defines a council subcommittee as having two or more members, Tadych said.
Subcommittees are required to follow the Open Meetings Law and they usually make recommended policy actions to the larger board, Tadych said.
A public body is any elected or appointed authority, board, commission, committee, council or other body of the state or political subdivisions that is composed of "two or more members and exercises or is authorized to exercise a legislative, policy-making, quasi-judicial, administrative or advisory function," according to NCGS 143-318.10(b)
A Thursday news release states that the city plans to form a plan of action in response to NAACP concerns regarding West's Facebook activity.
"We are working to develop an action plan, which includes items like community policing, diversity training, a new social media policy, a citywide citizens group appointed from each district, just to name a few suggestions that our meeting generated," Allen said.
But, according to Tadych, that discussion constituted another Open Meetings Law violation.
General policy matters, including a city social media policy, are not allowed to take place in closed session, according to NCGS 143-318.11, Tadych said.
POLICE CHIEF RESPONDS
The Wednesday night meeting was the first time West met face-to-face with NAACP leaders after his social media post was flagged by the group, in January.
"He told the group that he, certainly, was sorry," Stevens said. "He has apologized to anyone he has talked to."
After the Facebook photo became a concern by members in the community, West has repeatedly said his words about making the department great again was a play on Trump's campaign slogan in an effort to encourage officers.
West said his Facebook profile picture and words were never intended to come across as racist.
A personally signed letter by West was posted on the city of Goldsboro Twitter and Facebook pages Thursday night. He said he takes personal responsibility for his actions and understands he is held to a higher standard as police chief.
"After meeting with the leadership of the NAACP, I now understand why my post offended many, and I take full responsibility for my lack of knowledge, as well as misunderstanding the sensitivity around the tag line," West wrote. "I am sincerely sorry and truly regret offending anyone, and I humbly ask for your forgiveness. I understand that words have meaning, and I promise it will not happen again."