ELIZABETHTOWN — Questionable procedural moves apart from a lightning rod action were made by the Bladen County Board of Elections in its meeting last Tuesday.

Two days after the meeting, two embattled members were named for a third time each in complaints. Louella Thompson and Patsy Sheppard are each named in complaints filed by Charlotte Smith of Elizabethtown. Smith says each should be removed “due to incompetency.”

In each of the two previous filings against Thompson and Sheppard, the complaints have been overwhelmingly dismissed.

The complaint against Thompson says the chairwoman showed bias, violated the state open meetings law and allowed derogatory and libelous comments to be made in the Jan. 14 meeting. It says in meetings Aug. 13 and Nov. 12, “she failed to control the meetings” and allowed Sheppard to make “slanderous, disrespectful remarks.” It, in part, concludes by saying she “tried to use her power to prevent citizens from saying the Pledge of Allegiance.”

The complaint against Sheppard says she discussed the pledge during closed session on Jan. 14, thereby breaking the state’s open meetings law, and made derogatory and libelous remarks “showing her (incompetency) lack of intellectual and emotional ability to control her statements in regards to her bias opinions.” Smith referred to a Nov. 12 meeting, saying Sheppard on that occasion “bears false witness on several accounts, and continues to make derogatory, libelous remarks.”

The board member is accused of saying during the Nov. 12 meeting that the pledge “was for white supremists.” In an Aug. 13 meeting, Smith says Sheppard made disrespectful remarks to a veteran and interrupted others trying to speak.

Patrick Gannon, a spokesman for the state Board of Elections, said a preliminary hearing date has not been set.

In the meeting Jan. 14, the Bladen board didn’t approve an agenda at the outset, made a change to the unapproved agenda during the middle of the meeting, and then went into closed session with a purpose but had discussion on a matter — the pledge — unrelated to that purpose. The latter is in violation of North Carolina’s open meetings laws; the moves related to the agenda went against generally accepted practices, particularly by public governing bodies.

The consequences of any of those moves are unclear. Gannon said Tuesday morning the state could not comment on issues likely to come before the state board tied to the complaints filed by Smith.

The session will forever be known as the Pledge of Allegiance meeting because it was denied being put on the agenda and then recited during the time allotted for individuals wishing to address the board.

At the conclusion of the meeting, Thompson said she would have law enforcement present to take action if anyone were to stand and say the pledge at a future meeting of the board. Backlash to her comment was strong, including from the governor who appointed her and extending all the way to a congressman in Washington, D.C.

Two days later, the same day Smith filed her complaints, Thompson issued a statement saying the Pledge of Allegiance would be added to meetings starting in February.

Still unresolved, however, are the ramifications of the board operating outside of North Carolina’s open meetings law. General Statute 143-318.11 outlines purposes for closed sessions “to permit a public body to act in the public interest.” There are 10 such purposes outlined, but before entering closed session one or more of those must be cited as a reason.

Allen Johnson, attorney for the county, in an email to the Bladen Journal on the day of the meeting confirmed the board planned to go into closed session for a matter related to personnel. As fate would have it, at the meeting it wasn’t so simple.

As the meeting began, Republican Emery White moved for the Pledge of Allegiance to be added, and fellow Republican Michael Aycock seconded the motion. Sheppard reminded Thompson to ask for discussion, and in a show of hands vote, Democrats Thompson, Sheppard and Deborah Belle all voted against to defeat the motion.

Thompson moved immediately to the fourth item on the proposed agenda, for individuals wishing to address the board, but was interrupted by Sheppard saying new information had been received that meant the closed session scheduled as the eighth item was not needed.

With a second from Belle and no objections, Thompson said it would be removed.

There were multiple people who spoke during the time for those wishing to address the board, including Daine Smith leading the Pledge of Allegiance. He is Charlotte Smith’s husband. When he finished, Thompson asked, “Is there any other part of this meeting you’re going to take over?”

“No, ma’am,” was the reply.

“Well then, I think that was quite out of order,” Thompson said to him.

Thompson then started to say something but Sheppard said “recess” to her and the board, with a motion, second and vote, took a short break.

Belle and White remained in the main meeting room during the recess; Thompson, Sheppard and Aycock all exited.

After the recess, nothing was said about the pledge. Sheppard said she was mistaken and wanted to add the closed session back in the agenda. With no objections, Thompson said it would be added.

The board then handled its action items and got an update from Director Chris Williams. After another time for individuals wishing to address the board, during which no one spoke up, the board went into closed session.

When it returned, Thompson informed those who remained at the meeting that the board did discuss a personnel issue during closed session, and said it also discussed the impromptu recitation of the Pledge of Allegiance.

The previous two complaints against Thompson and Sheppard handled by the state board each involved public comments and social media interactions.

The first didn’t make it past a preliminary hearing, with the Democratic-majority board voting unanimously not to move it to a fact-finding hearing. The second did reach the hearing stage, but the complaint was dismissed 4-1. Only Republican Ken Raymond was against the dismissal.

Alan Wooten | Bladen Journal file
Election board members Louella Thompson (left) and Patsy Sheppard have been named in complaints to the state Board of Elections for a third time.
https://www.bladenjournal.com/wp-content/uploads/2020/01/web1_elex-board-012120.jpgAlan Wooten | Bladen Journal file
Election board members Louella Thompson (left) and Patsy Sheppard have been named in complaints to the state Board of Elections for a third time.

Alan Wooten

Bladen Journal

Alan Wooten can be reached at 910-247-9132 or awooten@bladenjournal.com. Twitter: @alanwooten19.