Kirkland sworn in, transparency questions remain
Jason Kirkland was sworn in as Swain County Chairman.
Lily Levin photo
Jason Kirkland was sworn in as chairman of the Swain County Board of Commissioners on Nov. 4, marking the end of an appointment process marred by transparency concerns and procedural misunderstandings.
The swearing-in ceremony began 15 minutes late, the individual facilitating the ceremony was not using a microphone and the oath began before attendees knew where to look.
Over the last year, Swain County residents have endured indictments and resignations of county officials, including former Sheriff Curtis Cochran and former County Commission Chair Kevin Seagle respectively. They’re hungry for a government that prioritizes accountability.
Fred Crawford, one of 12 initial applicants to replace Seagle, expressed concern about another aspect of the nomination process he felt resulted in limited transparency: county officials’ unfamiliarity with public record statutes.
“During the discussion of the vacant chairmanship, the names of citizens who submitted letters of interest were initially withheld [on Oct. 21]. The county attorney raised questions about whether those names were public record. That uncertainty highlighted a need for a clearer and shared understanding of what constitutes a public record,” he told the board in the public comment section at a Nov. 4 meeting.
Kirkland believes he’s qualified for the chairman position because he knows how to listen to others.
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“I have an opinion, just like everybody else, and you’re entitled to your opinion,” he told The Smoky Mountain News on Nov. 4. “But at the end of the day, I’m willing to hear why you think your opinion is right, because it might be right.”
Kirkland also found it imperative that county problems are actively addressed.
“My opinion is, these commissioners here, they’re that gap between the people and the county of getting something done … These five here, none of us five may have the right solution. The job is to come up with the best solution,” he said.
While it’s unclear exactly how Swain commissioners came to select Kirkland as chairman, Western Carolina University political scientist professor Chris Cooper said officials commonly offer the public limited explanation.
“Whenever there’s these vacancies, the commission essentially has full prerogative to do what they want to do … You would think, from a PR perspective, it might be helpful for them to say, ‘Hey, we’re appointing this person for the following reasons,’ but there’s no law that says that they have to,” Cooper said.
Ahead of the swearing in, commissioners praised Kirkland’s disposition, though less was said about his skill-related qualifications. As for the appointment process itself, no board member denied it was influenced by behind-the-scenes conversations.
“[The chairman position] was discussed a little bit beforehand because I kind of like to know what’s coming up in the meetings — what’s going to happen,” said Commissioner Bobby Jenkins.
Former acting chairman Tanner Lawson spoke with SMN about his Oct. 21 conversations with Commissioner Phillip Carson. On that day, Jenkins had nominated Carson as chairman to Commissioner David Loftis’ chagrin, though the board delayed voting to the following week due to a procedural misunderstanding.
“After our meeting on Tuesday, Oct. 21, later in the week I contacted commissioner Carson to ask him to think and pray about Mr. Kirkland being a good fit to be our next chair. He told me that he would pray and get back with me,” Lawson wrote.
On Monday, Carson texted Lawson, “I’m perfectly at Peace with Mr. Kirkland to move forward … Thanks.”
Lawson said the two later spoke on the phone to confirm the decision.
On the other hand, Loftis’ decision to select Kirkland was influenced not by talk but negotiation. “The reasoning why I voted for [Kirkland],” he said. “I made a deal with another commissioner that I’d vote for anybody if it wasn’t Philip Carson.”
According to Kristina Wilson, a professor at the UNC School of Government, because all communications were informal and exchanged between a non-majority of the commission, none violated state Open Meetings Law.
