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According to Payne, the reason for the closed session was for the board to consult with the county attorney due to the potential liability issues involved.
State statute states: "General policy matters may not be discussed in a closed session and nothing herein shall be construed to permit a public body to close a meeting that otherwise would be open merely because an attorney employed or retained by the public body is a participant."
There is no exception in the open meetings law for approving salary increases or amending the county's budget.
Payne said that, in the Oct. 18 closed session, there was "a consensus." However, some who were in the room say that the board's approval or disapproval of the raises was unclear.
Former Commissioner Paul Gibson, who lost his seat on the board in this year's election, was in the closed session and he said last week that he wasn't in favor of the raises. Gibson also said he's not certain where the board stood on the raises.
"I'd like to know what that vote was," he told The Rhinoceros Times last week.
Gibson, Commissioner Carolyn Coleman and former Commissioner Mike Winstead who didn't run this year after two terms on the board said they didn't give county staff their approval for the action.
Even if six or more commissioners nodded agreement, winked approvingly, raised their hands or simply didn't object to going along with the staff's proposal to raise the salaries, there's a big of difference between not raising an objection in a backroom meeting in which your position will never be known and coming out of closed session and casting a vote publicly in favor of a move especially a highly controversial one that angered many in the county as soon as it was made public.
In the past, Guilford County
commissioners have been known to agree to vote one way in a closed session and have then come out and voted the opposite way when the official vote was taken moments later.
The confusion over who did or didn't favor the staff recommendation to raise the 15 salaries illustrates exactly why the State of North Carolina has an open meetings law and why the commissioners are required by law to take votes in public.
Coleman said that, in the closed session, she spoke out against the salary increases for the department heads.
Earlier this year, Coleman was the driving force behind a move by the board to grant county employees extra vacation time since Guilford County
hasn't offered employees any merit pay increases over the last four years. Coleman said she's proud of her record of looking after county employees and, she added, when the issue was presented to the commissioners in the closed session, she argued that the directors and elected officials should only get pay increases after equity adjustments had been made for other employees. That is, she said, if the board was going to do this, they should "work their way up."
Coleman also said she found the rationale for the unusual process dubious.
"We were told it was because it was an equity adjustment, and it wasn't a raise," she said.
Gregory S. Allison, a senior lecturer in public finance and government with the NC Institute of Government, said a raise and an equity salary adjustment are the same for practical purposes.
"At the end of the day there's not a difference it's a salary increase," Allison said.
Coleman said she had to leave the meeting that night immediately after the closed session but, she added, she assumed the Board of Commissioners would take a public vote on the salary increases as the commissioners have done in the past when they've increased salaries of elected officials and of the other county directors whose salaries the board determines.
It was only later, Coleman said, that she found out that the commissioners never voted on the matter after the closed session.
She said she still didn't even know exactly who got raises because county staff collected a handout that listed the department heads and the amounts of the increases.
When Coleman was asked why staff collected the list, she said it was her impression that, "Being salary, they didn't want that floating around."Guilford County
has roughly 2,300 employees, and the salary of every one of those employees is a public record that must by law be provided to anyone who asks for it.
Fuller told The Rhinoceros Times that the county has been making this type of salary adjustment in all county positions at various levels of government since 2009. She said human resources staff were, for the most part, going department by department, and that making the salary adjustments was an ongoing process at all levels of Guilford County
Payne, who got a $4,400 a year raise, said that, prior to his raise, the other staff in the legal department had been evaluated and their pay had been adjusted when called for by the study.
According to county officials, no one's salary has been lowered as a result of the study.
When Payne was asked if he had planned to sue the county, he chuckled and said no.
"I would never sue the county," Payne said.
When Sheriff BJ Barnes was asked if he had been planning on suing the county, he laughed at the question for quite a while.
Barnes then said that he didn't petition for his raise or know about it before it came about.
Some directors said they only found out about their raises when they read it in The Rhino Times. They had already received the pay increases but some who used automatic deposit didn't realize they had gotten a raise.
Barnes said he was more interested in getting raises for his officers and other staff, and he said he only found out about his raise a few days before it took effect.
"I didn't know about it," Barnes said.
He said that, "three or four days" before the extra money showed up in his paycheck, he was having a phone conversation with Fuller about an unrelated matter, and, at that time, Fuller mentioned in passing that the sheriff could expect higher pay the next time he got a paycheck.
Barnes also said he has no idea how the Human Resources Department arrived at the amount of his raise since the department didn't look at other local government salaries but instead compared what he does to other county employees. He said he didn't know how someone would even begin to study something like that.
Barnes said the sheriff's job seems incomparable to other jobs in the county.
"I'm responsible for 650 people," Barnes said, explaining that he oversaw not just 550 or so employees but also the inmates in the county's two jails and one prison.
Barnes said that, over the years, his department has taken over the Guilford County
Prison Farm and the county's fleet of vehicles. He added that the Sheriff's Department even took over the Guilford County
Animal Shelter for a while when the county asked him to do so years ago.
According to Barnes, it has never been about the salary for him.
"When I ran for sheriff, I didn't even know what the sheriff made," Barnes said....continued on page 3