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OPINION

Editorial: UNC gatherings should be public

Friday, August 26, 2011
(Updated 3:00 am)

The University of North Carolina will welcome media attention when Tom Ross is inaugurated as system president Oct. 6.

The UNC Board of Governors was decidedly publicity-shy during two private gatherings earlier this month.

Ross took over the UNC top job in January, but academic traditions call for an official installation some months later. This one will be special for Greensboro, Ross’ hometown, because it will take place at N.C. A&T.

That will give the Gate City two in a row. Ross’ predecessor, Erskine Bowles, also a native of Greensboro, was inaugurated at UNCG in April 2006.

The Greensboro influence on the Board of Governors itself may have reached a low ebb, however, as there is no longer a single resident of the city, or of Guilford County for that matter, on the 32-member body.

If there were, maybe he or she would have pointed out that  public authorities here generally conduct their business in public. But the Board of Governors didn’t think that was necessary when it held roughly six hours of discussions behind closed doors Aug. 10 and 11 before moving into its regular monthly meeting.

University officials called the event a social gathering, which would exempt it from the state’s open meetings law. Part of the purpose was social, giving new board members a chance to get acquainted. Part wasn’t: The agenda included discussions of substantive issues. Although no formal action was taken, talks could have set the framework for later policy decisions.

The law isn’t as clear as it should be on the question of what is public business. An “official meeting,” which must be opened to press and public, is one held for the “purpose of conducting hearings, participating in deliberations, or voting upon or otherwise transacting the public business within the jurisdiction, real or apparent, of the public body.” UNC leaders could say an informal discussion or presentation of ideas doesn’t fit the definition.

At the same time, the law lists reasons why a public body may meet in private — and none of them gives cover to the Board of Governors on this occasion. It wasn’t discussing lawsuits, personnel actions, acquisition of property or other matters specifically permitted in a closed meeting.

On balance, we think the board did violate the letter and spirit of the law, which recognizes and protects the people’s right to know how their leaders are running important public institutions on their behalf. Conversations about university concerns involving the entire Board of Governors and professional staff should not exclude the people whose tax dollars support the system and whom the system is supposed to serve.

We hope this was a one-time lapse and the board will practice openness from now on. Doing so will give the public all the more reason to celebrate when Ross takes his oath of office in Greensboro on Oct. 6.
 

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