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ROCKINGHAM — A judge has denied the county’s attempt to dismiss a lawsuit filed by Commissioner Jamie Gathings, allowing the case to move forward. A hearing is scheduled for June 17.
Gathings is suing the county, claiming it violated an open meetings law and failed to properly notify the public about a special meeting held on Feb. 3. During that meeting, commissioners voted to suspend Gathings for 90 days following HR complaints and concerns raised by Commissioners Jason Gainey and Justin Dawkins about a hostile work environment. During the suspension, Gathings was not allowed to attend board meetings or enter county buildings.
Earlier this month, commissioners held another special meeting to decide whether Gathings could return to the board. They voted to reinstate him, but with restrictions: he can only join meetings remotely and is allowed to vote by phone only in the event of a tie.
According to the board’s resolution, remote participation is limited to specific conditions.
“Remote participation may be used and/or required only in limited circumstances,” the resolution states. “For a Board Member to participate or be required to participate in a meeting remotely, one or more of the following four reasons should be applicable: a. Personal illness or disability; b. Employment conflicts which are unavoidable, provided however, that such conflicts are limited to three (3) occasions per calendar year; c. Family or other emergency; or d. The existence of extraordinary circumstances which the majority of the Board determines justify and require the remote participation of any Board Member upon weighing the competing needs and interests of the individual board member, the Board, the public, the County employees, and the County.”
Gathings will not be able to participate in a quasi-judicial hearings and public hearings.
In a similar situation last December, Commissioner Dawkins was not permitted to vote by phone after County Attorney Michael Newman said state law did not allow it.
“No question that you can participate by telephone,” Newman said, “but the School of Government says that Chapter 153A, Article 4 does not allow you to vote if you’re participating by telephone, nor does it allow voting by proxy. The General Assembly allows those types of votes only for private corporations.”
At the April special meeting, Gathings offered to drop his lawsuit if Gainey agreed to withdraw his separate defamation suit, to which Gainey declined.