Complaint against Enloe dismissed

By Vicki Hyatt | May 02, 2014

A complaint filed with the N.C. Ethics Commission against Mary Ann Enloe, who serves on the Haywood Community College governing board and the county’s board of equalization and review, has been found to be without merit.

The complaint was filed by Waynesville resident Monroe Miller, who alleged a violation of state law occurred when Enloe was reappointed to the board of equalization while serving both on the college and the fairgrounds governing board, a nonprofit organization.

An April 28 notification received by Enloe from the State Ethics Commission stated the complaint was dismissed “for failing to allege sufficient facts to constitute a violation within the Commission’s jurisdiction.”

“This is what I expected,” Enloe said. “I did receive a call the day of the meeting from the staff attorney for the State Ethics Commission, and he told me they had met and dismissed the complaint.”

After Miller and others raised questions about the number of governing boards Enloe served on, she immediately resigned her fairgrounds board position, saying she wished to avoid any embarrassment to either the commissioners who appointed her or herself. The county attorney found the fairgrounds board, as a private nonprofit organization, didn’t qualify under state law and the constitution as one of the two public boards individuals could legally serve on.

“I’ve spent my adult life in public service, and I will continue to be involved for the good of the people of Haywood County, despite the efforts of folks who don’t have our best interests at heart.”

Comments (5)
Posted by: Scott Lilly | May 02, 2014 12:12

It would be a very bad thing if Ms. Enloe were culpable for having too much service.  A regular citizen cannot be expected to know all laws and rules.  Someone being at risk of being "criminal" for public service is not a good way to encourage widespread involvement as the NC Constitution says should be the intent.

 

If there were any case to be made here, it would be: What happens to any decisions made by someone while they are in violation of serving on too many boards?  At least I've seen correspondence from the NC School of Law that addresses that question.  The answer: nothing.  You don't go back retroactively to re-do or correct actions from someone who might be an invalid appointee.



Posted by: Scott Lilly | May 02, 2014 12:24

"The county attorney found the fairgrounds board, as a private nonprofit organization, didn’t qualify under state law and the constitution as one of the two public boards individuals could legally serve on." -- Fair statement.  It's also the board's responsibility to make any determination -- the attorney merely advises them.  So far as I know, the board has not determined anything on the matter.  The attorney's on-record advice to the board is likely in error:

 

http://themountaineer.villagesoup.com/p/legal-counsel-to-haywood-county-board-of-directors/1143843

 



Posted by: Doris Hammett | May 03, 2014 07:35

Scott, Mary Ann Enloe is another name I should have added to the list of the people of Haywood County who share their time and talent.  I know others should be added as well.

Doris B. Hammett, MD

Asheville, NC



Posted by: Scott Lilly | May 04, 2014 08:23

Does the town of Waynesville sponsor a prestigious "Man and Woman of the Year" award recognizing those that have a lifetime of public service in the community?  I recently attend this in the town of Mt. Holly NC and the people who earned this honor are like the "community elders" who are role model citizens by any definition.  In speaking with them, there isn't a hint of politics in what they do -- and not one I would have considered a show-boat.  (Meaning none of them sought the award and it was clear they had a healthy supply of humility that made the award even that more special.)  Even the politicians that attended the award ceremony favored the shadows so not to take away from the honored.  I hear you, Dr. Hammett.  Resumes of great community leaders ought to be recorded permanently for future generations to admire.



Posted by: Charles Zimmerman | May 05, 2014 08:04

              Ignorance of the law is no excuse.

              She as well as those who appointed her swore an oath to a certain and particular Constitution that has certain and particular regulations that must be followed.

               It does not require a law degree to read and comprehend plain English.

 

                C.Z.



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