The controversy over the District 3 seat on the Guilford County Board of Education is far from over.
On Wednesday, Aug. 30, the Guilford County Republican Party Executive Committee once again voted to nominate Michael Logan to fill the seat that, according to state Senate Bill 9 (SB 9), became vacant on the day the bill became law, which was Aug. 17.
On Monday, Sept. 4, Chuck Winfree, an attorney with Adams & Winfree, representing Bill Goebel, sent a letter to the other eight members of the school board stating that Goebel should remain in the District 3 school board seat for the remainder of his term, which ends in December 2024.
Winfree in the letter states, “The shortening of the term for the District 3 seat, even if constitutional, does not create a vacancy in the seat. N.C.G.S. 128-7 provides that ‘All officers shall continue in their respective offices until their successors are elected or appointed, and duly qualified.’ This mirrors Article VI, Section 10 of the North Carolina Constitution, and was undisturbed by SB 9. Consequently, the shortening of the District 3 term emphatically did not create a vacancy. Because there is no vacancy, all of the provisions of Part II of SB 9 that deal with filling a vacancy (Section 2.(a)) do not obtain and are inoperative.”
Winfree also notes that SB 9 does not repeal or limit the application of NCGS 128-6, which states, “Any person who shall, by the proper authority, be admitted and sworn into any office, shall be held, deemed and taken by force of such admission, to be rightfully in such office until, by judicial sentence, upon a proper proceeding, he shall be ousted therefrom, and his admission thereto be, in due course of law, declared void.”
And there has been no judicial ruling holding the appointment as defective.
Winfree also states, “An interpretation of SB 9 that it creates a vacancy would produce an unconstitutional result. Under long established interpretation of the North Carolina Constitution, the General Assembly may not remove a duly appointed and serving office holder before the expiration of his or her established term without due process of law.”
In an interview Winfree said, “There isn’t any question that the legislature can abolish a board completely. The legislature is sovereign and can essentially abolish boards and create new boards. They are pretty much free to do what they want. But they can’t just say that this one person is out.”
Wonderful idea!!!! Kick them ALL out and start from scratch!!!!
Damn right!
NCGA needs to abolish the GC school board.
Winfree, tell your client to exit the board. He does not belong there. He does not deserve to be there. Republicans do not want him there. He is Deena Hayes’ selection because she can control him. Deena Hayes is not a Black god even though she thinks she is . She and Skippy are cut from the same cloth. Goodbye, Goebel!
Jill Wilson needs to go too. She is like all attorneys, a snake. How often has Winfree spoken to Hayes and Wilson to develop this plan?
Told ya
City another murder in Greensboro, Durham is never going to catch us. Told ya
Surprise! Surprise!
So please correct me if I’m misunderstanding this…
The Guilford County chapter of the (National Socialist) Democrat Party and their lackeys on the school board are belly down on the floor kicking and screaming, threatening to hold their breath, and doing everything else that goes with a temper tantrum because they can’t have their way. But I notice they’re trying to hide their involvement by having Goebel “hire” the attorney.
I was born at night, but not last night.
In an interview Winfree said, “There isn’t any question that the legislature can abolish a board completely. The legislature is sovereign and can essentially abolish boards and create new boards. They are pretty much free to do what they want. But they can’t just say that this one person is out.”…then abolish the board and recreate it. Play by their interpretation of the rules but make one thing clear; this circus will come out of the school system’s budget. Real justice would be the Republicans getting a majority on the Board as a result of this
And when the time comes for BOE elections, this whole rodent coupling needs to be front and center for everyone who runs against the existing clowns currently responsible for this and their opponents need to emphasize the fact that they care more about their party then they do about the real reason they’re there, which is the children and their future.
Let the sanctimonious “well I never…” guff begin.
Winfree, no one in the Republican Party has voted or agreed to Goebel being on the School Board. A vote for Goebel is a vote for a Democrat. He does not belong there. He does not deserve to be there. Republicans do not want him there. You should have told him that.
Lol. Nuclear option, that by the way dems have much favored in the past, could be to abolish the entire board. Guess a special election could be held to elect or reelect new members or any previous who wish to run. Could be held at an odd time like Thanksgiving and get maybe 10 percent voter turn out. Wonder what that will cost the county but that hasn’t seemed any concern lately
Peter, Please take this as you wish but I’m glad to see someone else that thinks like me. Maybe we can start something.
I salute you sir
You can’t beat the democrats here go ahead it’s of little consequence to us we just win again. Heck put it on Christmas. Election turnout is always low and Republicans always get blown out County demographics don’t favor them and will continue to work against them better move that’s your best chance!
Probably better plan to work to convince democrats of the errors of their ways. Not so sure about Republicans always being blown out seems I remember a republican majority on the county commissioners board fairly recently. Could be old age come knocking though
It seems to me the Legislature should follow attorney Winfree’s advice from the interview.”…There isn’t any question that the legislature can abolish a board completely. The legislature is sovereign and can essentially abolish boards and create new boards. They are pretty much free to do what they want. But they can’t just say that this one person is out…” The Legislature can just abolish the existing board, name Logan as the new chairman of the County board, and direct him to appoint the rest of the board until the next election, at which time a new board can be elected as usual. I believe this would send a more effective message about who is actually sovereign, and appropriate remonstrance to the recalcitrant obstructionists who refuse to follow the law as enacted by the sovereign…
An excellent suggestion Frank
Back when I was in grade school, it would be expected to hear one or more adults in the room to speak up and say “Alright now, somebody’s ass could get whooped over this!” We like in a litigious & spineless society nowadays.