What a great way to earn public trust: a public body decides that minutes from closed sessions no longer need to be secret, and therefore it periodically votes to make them public.

That’s what the Franklin Town Alderman Bob Scott asked the Franklin board to do. Scott was concerned about the information in one particular set of minutes, but he also understood what he was doing. If the town adopted a formal policy, the public would be a lot better informed as to what went on behind closed doors when aldermen lawfully shut out the public from their debate.

Here’s the deal about closed meetings and public bodies. The North Carolina Open Meetings Law gives public bodies seven lawful reasons to close their discussions. Those seven reasons are clearly defined, and minutes must be kept. How detailed those minutes are depends on each group of elected officials, but it must be discernible what was being discussed and who was saying what.

Once the reason for going into the closed meeting is past — say an industry has finished negotiations and announced plans to build — then the minutes become a part of the public record.

Most boards — including Franklin’s — adhere to the letter of the law. But what becomes of those closed session minutes? Reporters and the public seldom request them. In truth, most of what took place in those meetings is never revealed despite the fact that taxpayers and voters could gain valuable insight from them.

We think Franklin should have set itself up as the most open board around. It did not change its policy, but merely formalized what’s already taking place: once every few months, its attorney will review closed session minutes and determine if they can be released. That’s OK, but the public would be better served by the policy Scott proposed.

Franklin Alderman Bob Scott is to be commended for his commitment to open government. The public and elected officials need to understand that nothing has to be discussed in closed session, that the law gives public bodies a few exceptions where they are allowed — if they choose — to go behind closed doors. Some personnel matters probably should be discussed privately, but many times it seems public bodies close their meetings when the reasons for doing so seem suspect.

Franklin’s isn’t a bad policy, but we think a better one is to formally include closed session minutes in board packets whenever the reason for closing the meeting has passed. Rather than have an attorney make the decision, we think elected officials or the manager could more easily — and cheaply — make that call. The onus for conducting the public’s business in the open is on the elected officials, and they will suffer the fallout if they wrongfully shut the door on their constituents.

The Franklin aldermen on Monday night (Feb. 2) unanimously voted to formalize a process for releasing the minutes from previously closed-door meetings.

The town attorney, John Henning Jr., has always had the authority to make closed meeting minutes public once it is determined that releasing them wouldn’t do harm. In fact, state law requires the minutes from closed meetings to be released once the reason for being private has passed — such as discussion of lawsuit strategy once that lawsuit has been settled, or negotiations over property after the purchase goes through.

In reality, however, few public boards in this region do this as a matter of course.

Alderman Bob Scott, who brought up the matter, wanted the board to adopt a formal policy for releasing closed meeting minutes, but he compromised with a process that leaves it up to the discretion of the town attorney if the minutes should be made public.

Scott preferred a system, however, where closed meeting minutes would become open after board members agreed in consultation with the town attorney.

Mayor Joe Collins disagreed, saying that would put more responsibility on the board members to determine when minutes should be made public when the town has always counted on the attorney to address that.

Collins said he thinks the attorney being in control makes for a smoother process.

However, under the Monday vote any board member or member of the public may ask the town attorney to review a particular set of minutes to determine if they should be unsealed.

Henning said the new process is not much different than the way it has been done before.

Collins agreed: “I don’t see it breaking any new ground, just formalizing (the process).”

If anything, the vote on Monday was an expression of the board’s intent of how to deal with closed session minutes, Henning said.

Henning said he periodically went through closed session minutes about once every three to four months to determine if they should be opened.

The town owes it to the public to open up the minutes of closed sessions once it is no longer necessary to keep the minutes secret, Scott said.

State laws says that, “The public body may seal the minutes of a closed session if public inspection of those minutes would frustrate the purpose of the closed session,” Scott said.

Why now?

Scott called for a formal policy as an advocate of open records in general, but he also wants a particular set of closed meeting minutes made public.

He said the minutes of a legal dispute that was discussed in closed session remain sealed, despite the fact that the case was settled for $5,000.

Scott said no one has refused to release the minutes, but there was no formal policy for releasing them.

“We exist to conduct the public’s business,” Scott said. “I just felt like we should have a policy.”

The dispute involved the town and a former resident, David Whitmire, now of Alaska, who allegedly took slate and doors from town property.

In the case, Mayor Collins said he authorized Whitmire to take a small amount of slate from town property as a memento because Whitmire grew up at the site now owned by the town. Collins asked former Town Administrator Mike Decker if it would be OK for Whitmire to take a couple of pieces of slate, and Decker said it would be all right.

However, Whitmire took a lot more than a couple of pieces, carting off slate valued at $19,000.

Scott and Alderman Verlin Curtis said the mayor and Decker acted beyond their authority when allowing Whitmire to take property. Curtis and Scott said that the mayor and Decker should have asked the rest of the town board if it was OK for Whitmire to take something from the property. Collins said he didn’t think it was necessary to get permission from the board to allow Whitmire to take a few pieces of slate.

Scott had called for an independent investigation into what actually transpired when the mayor and Decker authorized Whitmire to take slate. But the investigation never went forward because the case was settled by Whitmire paying the town $5,000.

Scott said he wanted to know who said what in the transaction. Asked if he thinks the mayor actually gave Whitmire permission to take more than a few pieces of slate, Scott has said, “It would be nothing but pure conjecture.”

Franklin’s role on the Appalachian Trail

Franklin is an important town on the Appalachian Trail because it is one of the first or last towns depending on which direction you’re coming from. It is about 106 miles from the start.

Nantahala Hiking Club President Bill Van Horn said if hikers make it to Franklin, chances are they can hike the entire trail.

The trail is 2,175 miles long and runs from Georgia to Maine.

About the Nantahala Hiking Club

The NHC is one of 30 trail clubs that maintain the 2,175 miles of the Appalachian Trail The NHC maintains 60 miles of the AT and 47 of those miles are in Macon County. The NHC, based out of Franklin, has a membership of more than 240. From October 2007 to September 2008, the club’s membership contributed more than 5,300 volunteer hours to maintain the AT and promote hiking.

Every spring, hundreds of Appalachian Trail hikers pass by the doorstep of Franklin en route from Georgia to Maine, many hitting town to buy supplies, clean up, check into a hotel and generally take a break from the trail.

But the town could do more to capitalize on its proximity to the A.T. A push is underway to seek designation as an official Appalachian Trail Community Partner, clearly associating the town with the world-famous trail.

In essence, it would make Franklin a “gateway city” on the trail, showing that Franklin welcomes hikers.

The Nantahala Hiking Club, which is leading the charge in making Franklin an AT Community Partner, believes Franklin and Macon County are not taking advantage of the Trail’s economic potential.

According to the hiking club, over 1,800 hikers pass through Macon County between March and May each year, and the Nantahala National Forest has one million day visits a year.

If Franklin achieves the designation and lures more hikers to ventuer the 10 miles into town and use it as a stop over, the trail could prove an economic boon.

The path to being an AT Partner

For Franklin to qualify it must meet at least two of four criteria, although Nantahala Hiking Club President Bill Van Horn said the town will probably meet all four.

The Appalachian Trail Conservancy, which sponsors the program, is expected to decide in April whether Franklin receives the designation.

One requirement is establishing an advisory committee that focuses on the Appalachian Trail and the community. Groups such as the town, the county, the Chamber of Commerce and the schools may be interested in having a representative on the committee.

In order to receive the designation Franklin must also host an annual AT event.

Franklin already has an established event with the April Hikers Fools Bash put on by Ronnie Haven at the Sapphire Inn.

This will be the fifth year for the event that features music, food, and hiking vendors. The event allows hikers and community members to come together; last year about 1,500 attended.

During the hiking season, Haven runs a free bus service that picks up hikers at the trail and drives them into town to get supplies.

Franklin deserves to be designated an AT Community Partner given how much it offers hikers, said Haven.

He said the town has one of the nicer outfitters along the trail with Three Eagles Outfitters, grocery stores, drug stores, medical facilities, a movie theater, museum and post office.

Another requirement to becoming an Appalachian Trail Community Partner is using the trail for educational purposes.

Van Horn suggested fifth grade classes taking annual field trips to the trail could meet this requirement. He added that the trail offers a great opportunity to combine physical education and science.

And the final requirement deals with installing language in city and county ordinances that protects the trail from development.

The county could state in its ordinances that the Appalachian Trail Conservancy will be notified and included whenever there is a proposal to impact the trail, Van Horn said.

Examples of developments that may disturb the trail are erecting wind turbines and cell phone towers nearby, Van Horn said.

A symbiotic relationship

One benefit of designation is simply increasing awareness that the trail is near Franklin and easy to access. If Franklin receives the designation there may be signs displayed in town identifying Franklin as an AT Community Partner.

Franklin would be one of the first to receive the distinction. The towns of Hot Springs, N.C., Boiling Springs, P.A., Erwin, Tenn. and Unicoi County, Tenn. were designated Community Partners in a pilot program.

Another benefit is the additional publicity Franklin would receive nationwide from being a member of the program. The town would be highlighted on the AT Conservancy Web site — appalachiantrail.org — as well as in the organization’s press releases, trail guide and quarterly magazine “A.T. Journeys,” Van Horn said.

Franklin teachers could receive training and education on how to incorporate the Appalachian Trail into their lessons.

And another benefit is that Macon County teachers could take workshops from the AT Conservancy on “placed-based” education that deals with teaching students about the area they live. For instance, instead of learning about the Himalayas, students could learn about the “Nantahalas,” Van Horn said. The workshops are called “A Trail to Every Classroom.”

Teachers could also receive special training from the AT Conservancy in service learning to teach children about volunteering. For example, students could take a class on the Appalachian Trail and could adopt a mile of the trail to maintain.

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