Higher Ed, News

Watchdog files complaint over NC Heritage PAC, Sons of Confederate Veterans

Citizen watchdog Bob Hall filed a complaint with the State Board of Elections Wednesday alleging the NC Division of the Sons of Confederate Veterans illegally financed a political action committee that attributed donations to individuals who were not true donors and filed false campaign finance disclosure reports with the state board.

The Sons of Confederate Veterans have come under increased scrutiny since the controversial UNC Board of Governors settlement that gave the group the Silent Sam Confederate monument, $2.5 million in a non-profit trust and  a separate $74,999 payment to assure that the group would not use Confederate flags in on-campus protests.

Hall’s complaint is based partially on reporting by The Daily Tar Heel, UNC-Chapel Hill’s independent student newspaper, in which unnamed members of the Sons of Confederate Veterans group described potentially illegal actions by the group in the creation and funding of the NC Heritage PAC. In his complaint Hall says he has also spoken with members of the group, which he does not name, who have given him further details about the dealings of the group and the PAC.

The DTH Media Corporation, the non-profit that operates The Daily Tar Heel, has also sued the UNC Board of Governors over the controversial Silent Sam settlement, alleging violations of the state open meetings law.

Hall’s complaint asks for a comprehensive investigation and that the board of elections terminate the NC Heritage PAC and require state legislators, Agriculture Commissioner Steve Troxler and various political campaigns to return $28,500 given by the PAC. Among the legislators who received funds from the PAC are Senate President Pro Tem Phil Berger and House Speaker Tim Moore, each of whom received $2,500 from the PAC.

 

 

Read the entire complaint here.

Higher Ed, News

Western Carolina University Board of Trustees weigh in on state budget stalemate

The Western Carolina University Board of Trustees weighed in on the state budget stalemate Tuesday, passing a resolution calling on lawmakers to overturn Gov. Roy Cooper’s  veto of the budget passed by the General Assembly’s Republican majority.

The move comes after last week’s meeting of the the UNC Board of Governors where that board passed a resolution urging state lawmakers to pass the currently proposed state budget – the subject of a months’ long political struggle between Cooper, a Democrat, and the legislative Republicans.

The board of governors’ resolution called for “all boards of trustees to create and approve a concurring resolution as soon as practical.”

Western Carolina appears to be the first university whose board of trustees has done so.

The resolution was passed in a special telephone meeting of the board Tuesday afternoon. One board member was absent, two abstained and all others voted to approve the resolution.

The UNC Board of Governors is appointed by the Republican dominated state House and Senate. The board of governors in turn appoint members of the boards of trustees of the UNC system’s constituent schools. The current, 24-member board of governors is entirely composed of members who are Republican or unaffiliated. No Democrats serve on the board.

 

Higher Ed, News

UNC Board of Governors silent on Silent Sam, calls on legislators to pass state budget

In its first full, in-person meeting since its controversial Silent Sam settlement, the UNC Board of Governors made no comment on the issue or the lawsuits and legal actions stemming from it.

Citing pending litigation, board Chairman Randy Ramsey and Interim UNC System President Bill Roper declined all questions on the matter.

Instead, at its Friday meeting, the board took aim at another contentious political issue: the state budget stalemate.

The UNC Board of Governors unanimously passed a resolution urging state lawmakers to pass the currently proposed state budget – the subject of a months’ long stalemate between Gov. Roy Cooper and Republican legislators who have been unable to overturn his budget veto.

The legislature adjourned this week without resolving the budget stalemate, with Senate President Pro Tem Phil Berger saying it’s possible no new state budget will be passed this fiscal year or next.

The board’s resolution lists the ways in which the current budget would be beneficial to the system and the potential harms of continuing without a new budget.

The resolution goes on to say that the proposed budget would provide an approximate four percent raise to faculty and staff over the next two year while the absence of a new budget “hurts UNC System institutions, faculty, students, and the communities we serve, and threatens the ability of the University to serve the citizens of the State and contribute to the economic vitality of North Carolina.”

The board’s resolution “strongly encourages all elected leaders who support and value the world class higher educational systems inNorth Carolina to move swiftly to enact House Bill 966 and approve with the provisions originally included inSenate Bill 354. Further, we call on all boards of trustees to create and approve a concurring resolution as soon as practical.”

Board member Marty Kotis pushed for the resolution — something he said had been discussed during the budget fight but seemed essential with the legislature adjourning without a solution.

Forget Rs and Ds,” Kotis said. “This is about the university system right here. This really isn’t a political issue.”

The resolution does urge lawmakers to pass the budget promoted and passed by Republican lawmakers rather than to compromise and find a solution that would allow the state to expand Medicaid, as Gov. Roy Cooper and Democrats in the General Assembly would prefer. But Kotis said that’s because the proposed budget is very advantageous to the university system and it’s not clear what a different budget would mean for the system.

“This one happens to favor the university system very well,” Kotis said. “But it’s a budget – it’s about spending money and there’s only finite resources. If you don’t pass this and someone else wants something else, things can shift. If it changes and there are other priorities, I’d hate to see that.”

Kotis said he hopes a Democratic Senator will break with with the party and vote with Republicans to overturn the governor’s veto.

I am hopeful there will be one Senator out there that puts the budget over politics and supports the university,” Kotis siad. “Maybe that’s because I’m more of a Maverick and I break ranks every day. But this is important for the university and impacts so many areas throughout the state. There are so many wonderful things for so many areas and so much that will be hurt if we don’t pass it. So I would hope there would be one person.”

Commentary, Education, Higher Ed

UNC law professor: Silent Sam deal an “investment in falsehood”

Just before the holidays, five members of the UNC System Board of Governors defended the Board’s decision to pay $2.5 million to the Sons of Confederate Veterans to house and display the Confederate monument known as Silent Sam.

The Sons of Confederate Veterans are purveyors of what historians call the myth of the Lost Cause – the story that “the preservation of liberty and freedom was the motivating factor in the South’s decision to fight” what they call “the Second American Revolution.” The group insists that “the war was not fought in order to keep African Americans enslaved.”

It stands to reason that these are the historical claims Silent Sam will bolster in any museum they build with the $2.5 million.

The five Board members said that this was the best deal they could strike to try to resolve what they saw as “a deeply divisive and personal issue.”

“Divisive?”  I suppose the centrality of slavery to the Confederate cause remains divisive in some circles.

But “personal?”

There is nothing remotely personal about this issue.

To see why, think about a few hypothetical $2.5 million settlements the university might reach with others to help them tell their story.

  • The university settles litigation with a soft drink company by setting up a fund to support a series of conferences about how sugary sodas do not contribute to the obesity epidemic.
  • The university settles litigation with an anti-vaccination group by setting up a fund to finance a social media push against childhood immunizations.
  • The university settles litigation with a religious institution by funding a geology museum proving that no rock can be more than 6,000 years old.

How would the public react to any of these expenditures?

With near-universal outrage, and for good reason.  However “divisive” the causes of obesity, the merits of vaccinations, and the age of the Earth may be in some quarters, these university expenditures would be serving untruth.  They would be doing the opposite of what a research university does, which is to study things carefully, using rigorous standards of inquiry, and thereby to increase knowledge and uncover truth.

There is nothing “personal” about whether the perpetuation of slavery was central to the Southern cause in the Civil War.  It is something that brilliant historians – including many in the UNC System – have devoted their lives to documenting.

This is one of the things that is so deeply disturbing about the decision of the Board of Governors to pay a huge sum to an organization to preach the myth of the Lost Cause.  It’s a $2.5 million investment in falsehood.

To watch this unfold is devastating.

But it’s nothing personal.

Eric Muller is the Dan K. Moore Distinguished Professor of Law in Jurisprudence and Ethics at UNC-Chapel Hill.

Commentary, Higher Ed

UNC’s Silent Sam settlement, a bad deal executed very poorly

The Daily Tar Heel, a student-run newspaper, is in the midst of a serious role reversal with the adults over at the UNC Board of Governors.

That much is clear following the paper’s inherently logical suit charging the UNC board violated our state’s open meeting laws when they negotiated a $2.5 million settlement with the Sons of Confederate Veterans to take Silent Sam off their hands, in addition to a $74,999 payment intended to keep its protesters off an already simmering campus.

The paper’s management corporation is asking the court to nullify the agreement, an outcome virtually everyone not currently seated on the UNC Board of Governors or in legislative leadership would prefer at this point.

Boards have the luxury of discussing such matters with their attorneys in private, although it’s another matter for several board members to design and sign a deal in private without even a public notice.

The idea was bad, and the execution was even worse.

Fittingly, WRAL’s Capitol Broadcasting Corp. slammed the university system board in an editorial Tuesday.

The courts should drop this dismal deal, and the UNC Board of Governors—one of North Carolina’s leading lights for humiliation these days—should sit the next few plays out.

From the editorial:

The reporters and editors at the Daily Tar Heel in Chapel Hill have been doing their job in examining the Silent Sam consent agreement between the University of North Carolina, the UNC Board of Governors and the Sons of Confederate Veterans. It’s a good thing. They are digging to answer the basics: Who did what, where, when and why.

The DTH has also been working to uncover the how. Did the procedures the UNC Board use follow the state’s Open Meetings Law?

The DTH investigation, so far, raises disturbing questions about a lack of basic due diligence by the board and the university.

The newspaper, a non-profit student-run publication that’s been around for 127 years, has gone to court to nullify the consent agreements. The two deals with the Sons of Confederate Veterans that pays the group $74,999 to not protest on campus and $2.5 million to shelter and display Silent Sam were reached “in total secrecy in violation of the Open Meetings Law.”

In addition, the lack of transparency leads to wonder why and how could a university pay anyone to give up their 1st Amendment rights? It goes against the most basic precepts for freedom of inquiry that quality universities stand for.

Will the university now pay other groups to stay off campus? This deal sets a terrible precedent.

The most basic due-diligence on the part of UNC-Chapel Hill and the UNC Board of Governors clearly has been neglected.

The DTH revelations are raising questions about whether the key party to the deal, Sons of Confederate Veterans, violated tax and campaign spending laws. State Attorney General Josh Stein, Secretary of State Elaine Marshall who oversees non-profits — along with the state Revenue Department and state Board of Elections, all must look into these serious matters.

The rush to approve anything, at any cost, to get rid of the Silent Sam issue has done just the opposite. In fact, Superior Court Judge Allan Baddour, who signed the initial consent judgment and order is reexamining his approval and will be holding a hearing on Feb. 12 to further look into the deal.

It is time for the courts and regulators to say enough-is-enough. Terminate the deal. University officials should be ashamed of themselves.