Publisher's Note: The Carolina Scoop first reported Kelly Childers shocking comments in the following story. Childers comments were made while superintendent Dr. David Martin was in the room.

DA to Board of Education: no crime was committed
Board may eventually fire Dr. Martin

District Attorney Rick Shaffer told Lincoln County Board of Education members earlier this month that board members did nothing illegal or criminal regarding the handling of the Dr. David Martin superintendent contract issue.

BY JON MAYHEW
LINCOLNTON
Lincoln County Board of Education members Monday night were basically cleared by District Attorney Rick Shaffer in an investigation called for earlier this month that members of the Board did “illegal and unethical” things regarding the handling of Dr. David Martin's superintendent contract.

And by the end of the discussion, one Board member suggested the Board may consider firing the superintendent at some point in the future.

Shaffer delivered his findings to the Board members, staff and other individuals in attendance.

Shaffer said Dr. Martin sent information to Shaffer himself to avoid any appearance of a conflict of interest. Shaffer said he received four packets from Dr. Martin, regarding conduct of individual Board members regarding personnel matters within Lincoln County Schools.

“We wanted to avoid any problems if a conflict did happen,” said Shaffer. “(School Board Attorney) Mr. (David) Black asked me to have Dr. Martin send the information to me so there wouldn't be a filtering device.”

Board of Education members George Dellinger (left) and Kelly Childers (right) listen to discussions about the investigation into their conduct regarding Dr. Martin. Allen Brotherton, representing the Knox Law Center of Denver is in the background.

Shaffer said he reviewed each packet sent to him by Dr. Martin. Shaffer said there are three different areas mentioned in the packets. There is an allegation of an ethical violation in each case.

“I did not look at or consider whether there was an ethical violation based on the allegation because that is an issue for me not to resolve,” said Shaffer. “That would be an issue for Mr. Black to make a decision.”

Shaffer also did not consider whether there was a contractual breach in the contract between the Board and Dr. Martin.

“The only thing I felt appropriate for me to address was if there was any illegal conduct by any of the Board members,” said Shaffer. “There isn't any illegal or criminal conduct by any Board member.”

Shaffer said there is a state government ethics act, which each member of the Board of Education would have to comply with.

Would a violation of an ethical rule be a crime?

“The law clearly states a violation of an ethical rule would not be a criminal act,” said Shaffer. “The basic thoughts of the allegations are Board members were interjecting themselves in hiring practices within the system.”

Shaffer said with full confidence, there isn't any illegal activity engaged in by any Board member.

“There may have been disagreements in performance levels or decisions that affect family members,” said Shaffer. “There isn't any criminal conduct to be addressed.”

Shaffer said once he received information from Dr. Martin, if he determined there was criminal conduct, he would have appointed an investigator. If the conduct had risen to a higher level, Shaffer said he would have called in the State Bureau of Investigation.

“Where do we go from here, because it was wiewed publicly that we had violated and done illegal and immoral acts,” said board member Ed Hatley. “It's safe in saying there was nothing that would constitute an illegal act.”

Board of Education chairman Rusty Beam (left) with superintendent Dr. David Martih (right) during a Monday night BOE workshop at the Education Center on North Generals Boulevard.

Shaffer reiterated based on information provided by Dr. Martin, no board member involved themselves in illegal conduct.

“The Board should be satisfied there is no criminal conduct,” said Shaffer.

Board member Carl Robinson, who called for the initial investigation, said the desire of the Board was to look for ethical violations.

“I would not be legally able to answer your (Carl Robinson's) question,” said Shaffer.

Allen Brotherton of the Knox Law Center of Denver told the room Monday night he has spoken with Dr. Martin regarding his situation with the Lincoln County Schools and the BOE.

Brotherton stopped short of saying his firm represents Dr. Martin. The firm is owned and operated by former Charlotte mayor and East Lincoln resident Eddie Knox.

“We may need to eventually go into closed session with a personnel issue, but since Dr. Martin has trotted in (an attorney), we may need to make a decision as a board,” said board member Kelly Childers. “We've suffered personally and professionally and it's time to end it. I'm not going to make the motion tonight but some time, we're going to have to make the decision.”

Board member Carl Robinson questioned Childers on what decision.

“To decide on Dr. Martin,” responded Childers. “He's already brought in a lawyer against us. I don't think it's going to be the end of it at all but it's time to start thinking about it.”

Dr. Martin was given the opportunity to speak.

“I believe that there is more that I have outlined in the documents I have prepared outside of legal issues,” said Dr. Martin. “I believe this Board and the public should have an opportunity to review (the information.)”

Dr. Martin said at the time he made the allegations, he wasn't sure if actions against him were legal or illegal.

“But you made the comments,” retorted Board member Hatley.

School board attorney Black said he plans on giving the Board several names who could conduct an ethical investigation into the Board's conduct.

“Only half the issue has been resolved,” said Black.

Back in February, the BOE voted 4-2 not to extend Dr. Martin's contract past June 30, 2011.

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