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Union County school board lawyers jump into war of words over county's education budget

A Facebook Live post from Union County commissioners' Vice Chair David Williams, shared by Chair Dennis Rape, is part of the exchange of accusations over the school budget.
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A Facebook Live post from Union County commissioners' Vice Chair David Williams, shared by Chair Dennis Rape, is part of the exchange of accusations over the school budget.

Lawyers for the Union County school board wrote to county lawyers Friday to say county commissioners should stop making “false and reckless claims” about the school board’s budget. It's the latest twist in an escalating war of words between two bodies responsible for the local education budget.

Union County commissioners last month approved $116.5 million for the school district’s operating budget. The school board responded with a special meeting. Members said communication had been poor, the money wasn’t enough and commissioners appeared to be misinformed about the district’s budget.

Two days later, Commission Vice Chair David Williams, responded with a 35-minute Facebook video. He called some of the board’s critiques "strange and just plain weird," and noted that commissioners provided the district a $5 million dollar increase. He said that’s adequate, even though the school board had sought an increase of $12.5 million.

"Just because you ask something doesn’t mean we’re obliged to provide it all," he said. "That’s not how government works. That’s not how life works."

Williams also said in his video that if there’s a misunderstanding about the district’s budget it’s because the district is not providing required updates to commissioners. He raised the prospect of an outside audit.

"One way or another we are going to get a better sense, a good sense, of where we stand with Union County Public School finances," Williams said.

Letter from lawyers

The school board has retained Asheville education lawyer K. Dean Shatley to consult on the board's concerns about the budget. In a letter dated July 1, Michele Morris, school board general counsel, wrote to county lawyers to say it now appears commissioners are not misinformed but "are choosing to make false and reckless statements."

The letter says the county lawyers likely have little control over commissioners' remarks, but "we ask you to counsel the Commissioners to refrain from making further false and reckless statements about UCPS, its staff, and the Board of Education. Their continued false claims will harm UCPS and the children of Union County."

The letter does not spell out what could happen if they don’t. School board chair Melissa Merrell wouldn’t be specific either, but she said Tuesday that "they’ve already had a couple of strikes and if it continues, our attorneys are watching their social media and everything very closely. I believe there are things that can be done, and our attorneys are following it."

Mediation isn't coming

State law spells out a mediation system that must be used when school boards believe county officials are not meeting their obligation to fund education. If they can't come to terms, there's a formula for determining how much the district is entitled to.

Last year, after Mecklenburg County commissioners voted to withhold $58 million from Charlotte-Mecklenburg Schools until the school board created a better strategic plan, the CMS board used that system. Not only was the $58 million released but CMS got an additional $11 million.

Merrell said Tuesday that lawyers have advised the Union County board that mediation wouldn't be helpful. Instead, Merrell said, the school board will rely on public pressure.

"At least three county commissioners have outright lied to the taxpayers of Union County," Merrell said. "And every time they lie and deceive for political reasons, we’re going to call them out on it."

She also said she hopes county commissioners will revisit the budget in December after new commissioners are sworn in.

In the Republican primary in May, Merrell edged out commissioners’ Chairman Dennis Rape for one of three seats. She says she believes the new board will have a majority that’s more supportive of the school district.

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Ann Doss Helms has covered education in the Charlotte area for over 20 years, first at The Charlotte Observer and then at WFAE. Reach her at ahelms@wfae.org or 704-926-3859.