The chairman of the University of North Carolina at Chapel Hill’s Board of Trustees said it would not discuss the school’s athletic budget in closed session Thursday despite saying it would do just that during a special meeting Monday.

The about-face came after a complaint was filed Wednesday afternoon in Orange County alleging that the board was in violation of the state’s open meetings and public records act.

The complaint was filed by attorney David McKenzie, who focuses on intellectual property litigation. McKenzie is also the father of a current UNC student. A judge granted a temporary restraining order to stop the board from going into closed session to discuss “UNC Athletics’ financials, budgeting, deficit, or ongoing or future conference realignment and related strategic planning.”

The board went into closed session Thursday morning, but not before saying it would not discuss athletics.

Near the beginning of Thursday’s full board meeting, in open session, chairman John Preyer read a statement seeking “to correct and clarify” the board’s intent.

“I want to clarify comments made during that meeting that made a suggestion that we planned a separate budget presentation for athletics in an upcoming closed session. We do not schedule budget presentations and discussions for closed session. And we did not do that this week,” Preyer said.

He continued: “A lot of us are very passionate about our athletics program. Concerns about the future have been expressed. We are in an uncertain time regarding the future of college athletics. That future is fraught with substantial and intersecting legal risk. We did not speak with the precision or clarity that we should have on Monday, but no statement made or action taken during that meeting changed the board’s plan for today’s closed session, our commitment to respect the legal ground for closed session or the accuracy of our published agenda.”

On Monday, Preyer and other board members made several statements indicating they would discuss the athletics budget in closed session — and, further, made comments that indicated the board has previously discussed the athletics budget in closed session.

“I think it is imperative that we carve athletics out of the approval today, and we have an extended discussion in closed session at our meeting on Thursday, so that we can all hear just how bad it is and what needs to be done to remedy it, and I think that’s best to accomplish Thursday in a closed session,” Preyer told the board Monday.

The trustees expressed concern about an initial $17 million budget deficit in the athletics’ budget during the meeting.

Trustee Jennifer Halsey Evans said, during Monday’s meeting, that the board was in closed session in November discussing the athletics budget. She reminded trustee Ralph Meekins that certain discussions were in closed session.

“We were in closed session, so let’s be thoughtful about how we characterize it,” she told Meekins during an exchange about athletics director Bubba Cunningham.

Evans also said “we’re supposed to have closed session opportunity to discuss this,” alluding to this week’s meetings in Chapel Hill.

Preyer, Evans, Meekins and all trustees are listed as defendants in the complaint.

The board went into closed session Thursday. The agenda said the board would discuss reports from the external affairs and university affairs committees as well as updates on campus security and legal issues.

Cunningham left the meetings when it went into closed session.

Source: wral.com