A social media post during an evening jog on May 13 first caught David McKenzie’s attention. The Triangle-based lawyer immediately hopped off the treadmill at Duke Faculty Club and grabbed his computer to learn more.
McKenzie reacted to a report that the UNC Board of Trustees was planning to discuss athletics matters in closed session. Something didn’t feel right.
“The closed session part really got my attention,” McKenzie said. “I don’t do media law. I’m not a public records or open meetings law expert. My background is in intellectual property.
“But the smell test did not pass.”
On May 15, two days after his workout was interrupted, McKenzie filed a complaint in Orange County Superior Court against UNC and its Board of Trustees. He accused them of breaching the state’s open meetings laws.
On Friday , McKenzie and UNC reached a settlement regarding the matter.
Under the terms of the settlement , UNC will pay McKenzie $25,000 to cover all claims related to “alleged, or potential damages, expenses, costs, and attorney’s fees.” Additionally, at the next Board of Trustees meeting, UNC must make a statement in open session acknowledging the lawsuit, reaffirming the board’s commitment to adhering to the Open Meetings Act and clarifying the matter has been resolved.
“If they’re gonna take the public’s money, they gotta do things in public,” McKenzie told The N&O. “And then those times that they don’t, they may be on the hook for attorneys fees.”
The day after filing his complaint in May, McKenzie sought a temporary restraining order to prevent the board from holding a closed session meeting he claimed violated statutory requirements.
He was successful. Orange County Superior Court Judge Alyson Adams Grine responded by issuing a TRO on May 16. It prohibited UNC from discussing in closed session “UNC Athletics’ financials, budgeting, deficit, or ongoing or future conference alignment and related strategic planning.”
“It was moments before they were moving to go into closed session where Judge Grine in Orange County took our call,” McKenzie said. “We had a temporary restraining order hearing on the phone.”
This legal intervention prevented the board from discussing financial issues pertaining to the athletics department behind closed doors. The parties later extended the restraining order until July 26 to facilitate discussions aimed at a resolution.
It was a good bit of work for McKenzie, who admittedly stumbled into the lawsuit.
Upon reading the news on May 13, he immediately began researching open meetings law. The next day, McKenzie reached out to UNC, “trying to understand why they were going into closed session.”
The lawyer said he was essentially told to “go jump in a lake.”
“That’s when I went to drafting, you know, pretty much nonstop,” McKenzie said.
In the terms of his settlement, McKenzie has agreed to dismiss his complaint with prejudice, meaning the case cannot be refiled. In return, McKenzie releases UNC, its Board of Trustees and associated parties from all current and potential claims related to the lawsuit.
The settlement emphasizes it is not an admission of liability by any party involved. Both McKenzie and UNC maintain the settlement is a compromise to avoid further legal proceedings rather than an acknowledgment of any wrongdoing.
The agreement was signed by McKenzie and Nathan Knuffman, UNC’s vice chancellor for finance and operations, marking the official end of the legal dispute. But that doesn’t necessarily mean this is the last time we’ll see McKenzie in the open meetings law space.
“I know a lot about it now,” he said, “And I’m keeping my eye on a few things.”
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