February 10, 2024

It may be too late to undo the actions discussed and planned by the county regarding Chair Bob White’s initiatives to remove, censure, and strip committee assignments from Commissioner Paul Beaumont. However, it’s not too late to chart a new course forward. The most prudent approach at this juncture is to engage impartial outside counsel, preferably from no closer than Greenville or Raleigh, to thoroughly investigate this matter, establish facts, and provide recommendations for the path ahead.

In handling a matter involving disciplinary action against one of the seven commissioners at the direction of the chair, the County Attorney should have proceeded with careful consideration of her duties and responsibilities outlined in the job description, as well as adherence to legal and ethical standards. Here’s how the attorney could have proceeded:

1. Assess the Legal Basis: The attorney should have thoroughly reviewed relevant laws, regulations, and county policies to determine the legal basis for taking disciplinary action against the commissioner. This assessment would include ensuring compliance with state statutes, the county’s charter, and any applicable codes of conduct or ethics rules.
2. Provide Legal Advice: The attorney should have provided legal advice to the Board of Commissioners regarding the disciplinary process, potential consequences, and procedural requirements. This advice would ensure that the board’s actions are legally sound and minimize the risk of legal challenges.
3. Ensure Fairness and Due Process: The attorney should have ensured that the disciplinary process is fair and impartial, affording the accused commissioner the opportunity to respond to allegations, present evidence, and defend themselves. This includes adherence to principles of due process and providing notice of the charges and an opportunity for a hearing if warranted.
4. Maintain Confidentiality: While certain aspects of the disciplinary process may be confidential to protect the privacy rights of individuals involved, the attorney should have balanced this with the principles of transparency and accountability. Any confidentiality measures should be applied judiciously and in accordance with applicable laws and regulations.
5. Avoid Conflicts of Interest: The attorney should have identified and addressed any potential conflicts of interest, particularly if the disciplinary action involved legal representation of both the board and the individual commissioner. In cases where conflicts exist, the attorney may need to seek outside counsel or recuse themselves from certain aspects of the matter.
6. Document Decisions and Actions: The attorney should have maintained thorough documentation of all decisions and actions taken regarding the disciplinary process. This documentation would serve to provide a clear record of the proceedings and demonstrate adherence to legal requirements and ethical standards.
7. Communicate Transparently: Throughout the process, the attorney should have communicated transparently with the Board of Commissioners, the accused commissioner, and other relevant stakeholders. Clear and open communication helps build trust, ensures accountability, and fosters confidence in the integrity of the disciplinary process.

By following these steps, the County Attorney could have navigated the disciplinary process in a manner that upholds legal standards, protects individual rights, and maintains the integrity of the County Government.