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November'29, 2012 (Special Meeting) Page 1318
<br />Monday, December 3rd,. And I - I guess if we're getting into some issues of a
<br />personal nature, I don't know if that's necessarily something that we should
<br />get into as a board.
<br />Poole: Would that be covered under, that particular item, be covered under
<br />closed session?
<br />Koch: Give me just a minute to look at the specific language of the open
<br />meetings law, just to be sure.
<br />Poole: And, and,I can understand - personal information -
<br />Small: Well, I will let the board know that the reason I stepped out was
<br />because it was almost five and I asked a different insurance company to write
<br />a new bond and that bond can be available by December 3r at any time the
<br />board wishes to meet, because obviously dealing with an underwriter in South
<br />Dakota has created some problems.
<br />Poole: Well, and I'm not speaking for anybody else, South Dakota that
<br />company is obviously a good company, I'm not worried about that. As far as
<br />that goes -
<br />Small: Well I am, because obviously this board has some concerns with the
<br />work.
<br />Poole: My question previously was, did you deal with a local agent? And so
<br />somewhere along the way there had to have been something in writing to get it
<br />so, whether it was South Dakota or whether it's wherever another company -
<br />not everything's located in North Carolina. We'd love for everything to be
<br />located in North Carolina but not everything is. So I'm - I'm not as
<br />concerned about that, it's just a matter of the requests for the application.
<br />Somewhere there's something faxed or emailed or - there's something in
<br />writing that made the request. I just I feel very confident that Western
<br />Surety nowadays has things in writing, even verbal things are put into
<br />writing. And I think that's my point, so do you want to tell us the other
<br />company that you're going to get it from?
<br />Small: Another local company, I'll have more information. I don't know if
<br />they'll use an underwriter -
<br />Poole: Okay. You're still trying to think. Just a second.
<br />Koch: Excuse me, I'd like to ask Lundee a quick question.
<br />Poole: Okay. Let's take - sorry, I didn't know she was back there. Just
<br />wait just a second.
<br />Koch: Because the register of deeds, and particularly in this case, Mr.
<br />Small is an elected official, my question that I wanted to check with our
<br />human resource director was whether he is considered an "employee ". I know
<br />he's paid by the county, but I wanted to make sure because that would affect
<br />what can be discussed in closed session. And even though he is not an
<br />employee yet, there is an exception to the open meetings law that allows you
<br />to discuss qualifications of a prospective employee in closed session. So if
<br />there's some matters of a personal nature or whatever you would prefer to do
<br />in closed session, I think you have the right and authority to do so.
<br />Poole: I wanted to address, I think it's a valid comment about personal
<br />information. So that's why (inaudible), so okay. Seems to me like what we
<br />will need to do is recess this meeting to Monday and that we would need to
<br />meet prior to our currently scheduled meeting on Monday. And what I would
<br />like to suggest then is that we recess the meeting until 3:00 on Monday and
<br />that we begin with a closed session. Now the only thing that, just to
<br />clarify, the only that we can talk about in closed session would be the
<br />request of Mr. Small to request of Penn National the reason for denial.
<br />That's what we would talk about in closed session. The item of comparing
<br />both applications, is that in open session or closed session?
<br />Koch: I think that would have to be in open session, but the other I think
<br />would be a closed session.
<br />Poole: So that we would meet at 3:00 on Monday, beginning closed session to
<br />discuss the items of a personal nature concerning Penn National and then we
<br />would come out into open session. And we would do closed session down in the
<br />Conference Room A, like we normally do for closed session. And then we would
<br />come out into here, in open session where we would have a copy of the
<br />applications and that we would, we would like to make sure - the applications
<br />would be Penn National - do you have a copy of that application?
<br />Harris: Yes.
<br />Poole: Okay, you can provide that one. And then Mr. Small, you would need to
<br />provide the application for either Western Surety or the other that you just
<br />called about - whichever one you're dealing with.
<br />Small: Thank you.
<br />Poole: And please make sure that the one that you called about adds Cabarrus
<br />County, and /or Western Surety, the date is December 5, 2016 and that there is
<br />a phrase for specific notice would be sent to the risk manager or to Risk
<br />Manager at Cabarrus County, P.O. Box 707, Concord, North Carolina 28026. And
<br />I can write that down for you (inaudible) so you'll have the address. Okay.
<br />Any other comments, Commissioners? Questions?
<br />White: I have a meeting at 2:00 on Monday that I'm hoping will be done by
<br />3:00, so I may be running a little bit late.
<br />Poole: Okay 3:30? I was just-
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