| << Back 3/30/05 McClure, authority members sue to get seats back By Sarah Kucharski • Staff Writer In the latest installment of Jackson County’s ego-fueled drama, the man in charge of local, state and federal government relations for Western Carolina University is suing Jackson County commissioners. The suit was filed in District Court by Tom McClure, who was both the former chairman of the Economic Development Commission and Airport Authority Chairma. He charges that county commissioners acted “arbitrarily and unlawfully” in removing him from his posts. All McClure wants is to get back his posts as the EDC and airport authority chairman. They’re volunteer positions that the county commissioners never had authority to remove him from in the first place, according to the suit. The suit alleges county commissioners committed a series of misdeeds including, but not limited to, open meetings laws violations, misuse of county employees and stepping beyond the bounds of granted authority in the course of launching an investigation into EDC practices in January. The investigation — a process based mainly on an accounting firm being called in to review EDC books for money in and money out — turned up nothing conclusive. Oddities that arguably indicated careless rather than criminal activity were found, such as EDC actions not matching meeting minutes and a $10,000 check written to McClure’s WCU office for supplies, which was within budgeted amounts. Commissioners tried to remove McClure from the EDC, but found that since he was appointed by WCU as a representative of the chancellor, the chancellor would be the one who would have to remove him. WCU Chancellor John Bardo has not done that. The Jackson County Airport Authority became entangled with the EDC investigation as commissioners attempted to remove McClure from his position as the authority’s chairman. Again, commissioners didn’t have the authority to remove McClure, as the authority falls under the General Assembly’s powers of creation. However, commissioners disregarded the opinion issued by the Institute of Government and moved ahead, saying the authority was not properly constituted in the first place and they had to appoint new members. In the process, McClure was tossed out. Commissioners appeared to be moving forward with their plan to revamp the EDC and bring its control in house with a full-time, paid position instead of relying on volunteers to get the job done. However, that plan was brought to a screeching halt when county board Chairman Stacy Buchanan resigned earlier this month. Following the commissioners removal of McClure and the installment of Riley on the airport board, Buchanan and Madden appointed Riley as the new treasurer and secretary. Rowell objected. He was secretary and treasurer and his term wasn’t up, he said. Rowell also claimed the meeting where Riley’s appointment took place was “improperly constituted” as McClure was still the official chairman. To boot, Riley joined Buchanan and Madden in the vote, voting for himself. Painter still holds his position as airport authority member, but has joined the suit with the intent of having both McClure and Rowell reinstated. Due to the commissioners’ actions, the plantiffs McClure, Rowell and Painter “are suffering irreparable harm, for which there is no adequate remedy at law, as a result of the Defendants’ wrongful conduct and are entitled to preliminary and permanent injunctive relief restoring McClure to his positions with the EDC and the Airport Authority, restoring Rowell to his position as an officer with the Airport Authority, and prohibiting the Defendants from attempting to exercise control over the EDC and Airport Authority contrary to law,” the suit states. The suit is expected to hit the court docket this week. Airport Authority members were served with the suit Thursday, Rowell said. An authority meeting was scheduled for Thursday night — a meeting for which the press and public showed up but the authority members did not. Rowell and Painter said they had no intention of attending the meeting, which probably contributed to the authority’s inability to have a quorum. The meeting was cancelled because there wasn’t a quorum, said airport pilot and lead volunteer Ron Gamble, who was contacted the night of the meeting. No notice of cancellation was given to the press or posted on the meeting room door. An attorney with the N.C. Press Association’s legal division, Mike Tadych, said that the failure to post notification was not so much illegal as it was “inconsiderate.” Authority members Buchanan, Hall, Madden and Riley retained legal counsel prior to the lawsuit’s filing. Their attorney is Paul Holt, who is also the county’s attorney. Having just obtained a copy of the lawsuit Monday morning, Holt could not comment on whether he would be serving as counsel for both the authority and the county or exactly how the case would be handled. Meanwhile, the county has engaged in creating a new, regional airport authority in partnership with Macon County and possibly the Eastern Band of Cherokee Indians. Newly county board chairman Brian McMahan has said that the county will not give up its hold on the Jackson County Airport and the new authority will only oversee the Macon County Airport. Should the Jackson Airport Authority be dissolved at any point, McClure and Rowell might not be able to retain their old positions. When asked if it would be difficult to sue an authority that doesn’t exist, McMahan said, “That’s right.” |
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