"Fat lady has not sung" on NC A&T Big South Conference Affiliation Challenge
Michael Pippen GNBO, NC -  updated 01.26.21

* Photo Source NC A&T;  [N.C. A&T Announces New Athletics Affiliation: Big South Conference,  www.NCAT.edu  02/06/2020
NC A&T official website says "N.C. A&T Announces New Athletics Affiliation: Big South Conference". Stating   N.C. A&T Board of Trustees voted to switch athletic conferences from the Mid-Eastern Athletic Conference (MEAC) to the Big South on Friday morning (02/06/20), just prior to the press conference, acting on a study and recommendation from its Athletic Conference Assessment Committee.  The committee completed its study and approved the recommendation on Tuesday.  “As our committee did its due diligence over the past year, the opportunities to positively impact the lives of our student athletes and the financial health of athletics became increasingly clear and detailed,” said A&T trustee and ACAC Committee Chair Timothy King. “In the end, we had compelling answers to all our questions, making our choice straightforward. [1]
 
Pursuant NC Public Records laws meetings of the University of North Carolina  constituents universities are official Meetings requiring notice of meetings, access to the Meeting and Meeting Material, and approved published history of what took place (minutes).  The particular state statue takes into consideration whether
non-compliance occurred and whether there is a history of non-compliance by the state actor. State statute requires true and accurate minutes.  

Complaint challenges whether NC A&T Board of Trustees established an Athletic Conference Assessment Committee, and whether when ACAC decision was made board had the authority to act as a board.  

Melissa J. Holloway, Esq. General Counsel Board of Trustees
Retreat 07/18/2019
 Complaint seeks nullification of decision (NC A&T announced Big South Jump), as well as injunction requiring Chancellor Harold Martin Administration -  which notices the meetings and transcribe the minutes, and Board of Trustees to comply with NC Public Meetings Laws and Public Record laws. 
Appendix 1, Delegations of Duty and Authority to Boards of  Trustees; XIII Subject to such policies as may be prescribed by the Board of Governors and board of trustees, the chancellor shall be responsible for the establishment and supervision of the  institution's program for intercollegiate athletics.
 



Alleged In the Media: ""In July 2019 at an annual retreat with the board of trustees, Martin said, “we had a very enlightening conversation” about the direction of the athletics program. The board appointed an Athletics Assessment Committee, Martin said,"" emphasis added  [2].   NC A&T Notice July 19-20, 2019 BOT Retreat for Graylyn International Conference Center Winston Salem, NC..
The agenda  items  chaired by Timothy King,  included Oath of Office, BOT meeting, Action Item: Policy Approval (s), Action Item: Approval to Establish Centers of Excellence,
 Action Item: Resolution Approval; and Discussion Item: Personnel Matter (s) in closed session. Agenda did not indicate Assessment Committee nor election of  officers.
   
NCGS 118-32At the first meeting after June 30 of each year, the Board of Trustees shall elect from its membership a Chair, a Vice Chair and Secretary  Notwithstanding taking place after June 30th agenda did not indicate election of Officers nor  Assessment Committee.  Section VIII Conduct of Board Business F, Minutes.  The minutes of a meeting of the Board of Trustees shall be included in the agenda for the succeeding regular meetings. 
 
 
Melissa J. Holloway, Esq.  General Counsel  Board of Trustees Retreat 07/18/2019
 

Rewinding to July 20-21, 2017, NC A&T Board of Trustees held Retreat at the O. Henry Hotel, Greensboro, NC, Chairman Timothy King.  Agenda included Election of Officers, Master Plan Implementation Resolution, and Closed Session. 

Chaired by Timothy King NC A&T First  Regular 2016-17 Board of Trustee Meeting was Sept.15, 2017. Agenda item (s) included Approval of Minutes. Board Material Sept. 21, 2017 included Board of Trustees April 28 Open Session Minutes, but not July 19-20 Retreat Minutes.   Approved Sept. 21, 2017 minutes stated; Chairman King entertained a motion for the approval of the minutes for the Board of Trustees Retreat held on July 21, 2017. A motion was made by John W. Bluford, III, seconded by Donna James, and unanimously approved, Notwithstanding Retreat minutes were not part of Sept. 21, 2017 meeting material.  In addition approved Sept. 21 minutes did not say April BOT open session minutes were approve. Minutes are prepared by Assist Secretary Shannon Bennett.

   
Rewinding to July 19-20, 2018,  NC A&T Board of Trustees Notice a Retreat Graylyn International Conference Center- Winston-Salem, NC.   Chairman Timothy King,  Agenda items included Election of Officers and Action item Faculty Handbook Policies for Approval, and Closed Session meeting.

NC A&T First Regular Meetings 2018-2019 took place Sept.21, 2018. Agenda included Approval of Minutes Chairman King. Board meeting material include April, 27, 2018 Open Session Minutes and did not include minutes from July 20 Retreat. Approved Minutes of NC A&T 20, 2018 indicate Chairman King entertained a motion for the approval of the minutes for board of trustees held April 17, 2018, which was unanimously approved. BOT meeting minutes for July 20, retreat were not presented for approval,  were not approved, therefore no approved record of Officers elected and disposition of approval of Faculty Handbook Policies.

 
   

L-R: Assist Secretary Shannon Bennett,  Timothy King, and Chancellor Harold Martin
   
North Carolina Agricultural and Technical State University Board of Trustees Notice  Orientation and Retreat Graylyn International Conference Center – Winston-Salem, NC July 18-19, 2019.  Chaired by Timothy King, agenda called for swearing in ceremony, and Action Items, Policy approval (s), Approval to Establish Center of Excellence, Resolution Approval and Personnel Matters (s).   BOT Orientation and Retreat  Notice for July 18-19, 2019 agenda did not include Election of  Officers nor Athletic Conference Assessment Committee.
   
At the first meeting after June 30 of each year, the Board of Trustees shall elect from its membership a Chair, a Vice Chair and Secretary (See G. S. 118-32).   An academic year runs from July 1 to June 30th. Context is Academic year July 1, 2019 to June 30th 2020. The NC A&T Board of Trustees  July 18-19, 2019  Retreat was the first meeting of NC A&T Board of  Trustees after June 30, 2019.  
   
The NC A&T Board of Trustees  July 18-19, 2019  Retreat Agenda indicated Timothy King as Board Chair.  NC A&T BOT Bylaws: The term of office of the Chair of the Board of Trustees may not exceed more than two (2) one year terms. The Chair may not succeed himself/herself beyond this established term of office. [SECTION IV. OFFICERS (c)].  Chairman Timothy King called the first regular meeting for 2017-18 of the Board of Trustees to order September 21, 2018 in the Alumni-Foundation Event Center.  Chairman Timothy King called the first regular meeting for 2018-19 of the Board of Trustees to order on September 21, 2018 in the Alumni-Foundation Event Center.  Chairman Timothy King had served two consecutive terms 2017 thru 2018 and 2018 thru  2019 as Chair of NC A&T Board of Trustees to prior to NC A&T BOT 2019 Retreat. Timothy King may have been ineligible to Chair  July 18-19, 2019 NC A&T BOT Retreat.  
   
Michael Pippen D/B/A Black Triad News received Notice of  NC A&T BOT  Retreat July 18-19, 2019.    Assist Secretary Shannon Bennett directed Michael Pippen to the Retreat Meeting Room.  Chancellor Martin enter the room,  who spoke.   Shannon Bennett returned an without explanation  told me I could not attend .  Pursuant  my request Shannon Bennett contacted Todd Simmons, Associate Vice Chancellor for University Relations. Todd Simmons also told  Michael Pippen he could not attend, who left Retreat.  Photo Todd Simmons  
   

 

Alleged BOT Meeting Friday July 20th, chaired by King, which I attended,  to consider Action Item: Policy Approval (s), Action Item: Approval to Establish Centers of Excellence, Action Item: Resolution Approval.  A Roll call was not made and Quorum was not established.  UNC conflict of Interest Statement in accordance with Chapter II, Section 204 of the Code of the UNCG Board of Governors was not made and determined.

 
   
   
Black Triad News (07/22/19) emailed to NC A&T Melissa Holloway, Office of Legal Affairs and Todd Simmons, Associate Vice Chancellor University Relations, Subject Two questions N.C. A&T Board of Trustees Orientation and Retreat.  
   
1. Whereas Thursday agenda indicated the Oath of Office would be administer by Judge Paul Jones at NC A&T Board of Trustees Orientation and Retreat, and did not indicate any close session items. I attended on Thursday July 18, 2019 to be told I could not attend by Shannon Brandon Assist. to Chancellor Martin and Todd Simmons Associate Vice Chancellor University Relations.

Why was my exclusion from Thursday Session not a violation of North Carolina Open Meeting laws?

 
   
2. Whereas G. S. § 116-32 says " At the first meeting after June 30 of each year each board of trustees shall elect from its membership a chairman, a vice-chairman and a secretary."; As well as NC A&T Bylaws Section IV Officers A. Chair, Vice Chair and Secretary.  
   
UNC Policy and Code [SECTION 401.OFFICERS.] says "At the first regular meeting after June 30 of each year, each board of trustees shall elect from its membership a chair, a vice chair, and a secretary. [See G.S. 116-32].  
   
Whereas Timothy King continued as Chairman. What is the legal basis for NC A&T to conduct an alleged BOT Meeting on July 19, 2019?   No reply to email was received.!!!  
   
   
N.C. A&T Board of Trustees Adds New Members; Dates for Quarterly Meetings Set  Tonya Dixon (Sept. 23, 2019)

A new academic year for North Carolina Agricultural and Technical State University has begun. Additionally, the university board of trustees welcomes new members and releases dates for quarterly meetings.  N.C. A&T Student Government Association President Allison Gilmore along with newly elected trustees Mark Copeland, William Dudley and Kimberly Gatling were sworn in as new board members. (Emphasis added) A complete board of trustees list is available online.  Prior to each meeting, agendas and meeting materials will be made available via the website.

 
   
   
NC A&T held First Regular Meeting 2019-2020 Friday September 27, 2019. Approval of Minutes was on the agenda TBD. Board Meeting Material included minutes from  April 2019 Board of  Trustee and not minutes from July 18-19 Retreat. 
 
Approved September 27, 2019 minutes indicated  only April 2019 BOT minutes were approved and not July 18-19, 2019 Retreat minutes. Therefore no record the Oath of  Office was administered, Roll was Call and Quorum established, no conflict of interested existed, that Action item (s) were approved, and  Assessment Committee was created. 

 Notwithstanding July 2019 Retreat took place over a year ago NC A&T has not replied to Public Record request for audio of July Retreat which would indicate whether Board of  Trustees were sworn.

   
 
Approved NC A&T BOT minutes for BOT SEPTEMBER 27, 2019 open session minutes indicate Chairman Timothy King called the First regular meeting of 2019-2020 of the Board of Trustees to order at 2 p.m. on September 27, 2019 in the Alumni-Foundation Event Center; agenda  included Oath of Office for Baskhar Venepalli and Election of Officers.
 
Melissa J. Holloway, Esq.  General Counsel  Board of Trustees Retreat 07/18/2019
 

UNC Code Chapter IV: Board of Trustees Section 401A-Officers-Revised

 
  • UNC Board of revised UNC Code Chapter IV: Board of Trustees Section 401 A-Officers Changes to the UNC Code were approved by the
     Board of Governors in June 21, 2019 and went into effect immediately.
  • At the first regular meeting after June 30 of each year, each board of trustees shall elect from its membership a chair, a vice chair, and a secretary. [See G. S. 116-32]
  • In no event shall officer elections take place before July 1, or before the swearing in of new board members whose terms commence on July 1.
  • Elections shall be conducted such that each member of the board, including newly appointed members, can fully participate in the nomination,
     consideration, and election of officers.
 
Approved of Minutes of SEPTEMBER 27, 2019 BOT meeting indicate Chairman King advised the board that the Nominating Committee was presenting the following slate of officers for 2019-2020: Secretary – John Bluford, Vice Chairwoman – Hilda Pinnix-Ragland, and Chairwoman – Venessa Harrison, emphasis added.  Chairman King invited the motion to approve the recommendation of the Nominating Committee. A motion was made by Trustee Paul Jones, seconded by Trustee Joe Parker, and unanimously approved. NC A&T BOT has eight standing committees one of which is the Nominating Committee.  NC A&T had not alleged Noticed meeting of  Nominating Committee meeting.
 
UNC Code Chapter IV: Board of Trustees Section 401A-Officers-Revised. At the first regular meeting after June 30 of each year board of trustees shall elect from its membership a chair, a vice chair, and a secretary. [See G.S. 116-32] In no event shall officer elections take place before July1, or before the swearing in of new board members whose terms commence on July 1. Election shall be conducted such that each member of the Board, including newly appointed members, can fully participate in the nomination, consideration, and election of officers.
 
NC A&T BOT Approved minutes for BOT SEPTEMBER 27, 2019 open session indicate Board members Members George Mainor and Bhaskar Venepalli were absent on Sept. 27, 2019.  Video recording of Roll call indicate Board Member Mark Copeland did not answer during roll call when his name was called prior to Election of Officers vote. 
 
NC A&T BOT held election officers Sept. 27, 2019 with three members absent non-compliant with UNC Code Chapter IV: Board of Trustees Section 401A-Officers-Revised " Election shall be conducted such that each member of the Board, including newly appointed members, can fully participate in the nomination, consideration, and election of officers",  therefore election maybe  void. NC A&T may lacked the  legislative authority to act as a Board Sept. 27, 2019 and going forward to February 7, 2021 assessment committee vote.
 
N.C. A&T Center of Excellence to Host Kickoff and Ribbon Cutting
Jamie Crockett
EAST GREENSBORO, N.C. (Oct. 16, 2019) – The Center of Excellence in Cybersecurity Research, Education, and Outreach (CREO) at North Carolina Agricultural and State University will host a kickoff and ribbon cutting Thursday, Oct. 17, 2019, from 8:30 a.m. - noon at the Student Center.

“The center is inclusive and interdisciplinary in nature bridging innovative research, intensive training and the mission to increase awareness of solutions to cybersecurity-related challenges,” said Kaushik Roy, Ph.D., CREO’s co-director. “We look forward to the impact CREO will have on our society at large.”

Roy, and center co-director Belinda Shipps, Ph.D., invite the campus community to attend and celebrate. The kickoff coincides with National Cybersecurity Awareness Month and brings together public officials, faculty members, students and a statewide cybersecurity organization for a discussion on the importance and potential opportunities in the field.

 

 
N.C. A&T Board of Trustees Adds New Members; Dates for Quarterly Meetings Set; N.C. A&T Center of Excellence to Host Kickoff and Ribbon Cutting
Approved September 27, 2019 minutes indicated  only April 2019 BOT minutes were approved and not July 18-19, 2019 Retreat minutes. Therefore no record the Oath of  Office was administered by Trustee Paul Jones,
 
  Roll was Call and Quorum established,  no conflict of interested existed, that Action item (s) were approved, and  Assessment Committee was created. 

Above the law Martin Administration unlawful MO is to disregard State law  maybe using press release to validate his administration unlawful actions.  See N.C. A&T Scores Big with Union Square Partnership

 
 
NC A&T Aggie Autonomous Auto Team Places first in the country and second overall in the 2019  SAE Autodrive Challenge Tonya Dixon


Photo courtesy of Autodrive Challenge/NCA&T

“The A3 car innovations were all hand built.  The coding and fingerprints were all done by students of N.C. A&T.” said Kareem Hogan, electrical engineering Ph.D. candidate and A3 team co-captain
 
NC DOT Funds New Center of Excellence at N.C. A&T
"EAST GREENSBORO, N.C. (Dec. 17, 2019) – The North Carolina Department of Transportation (NCDOT) has chosen a research team at North Carolina Agricultural and Technical State University to establish the NC Transportation Center of Excellence in Connected and Autonomous Vehicle Technology (NC-CAV), a project the agency is funding with a $1-million grant.

“Disruptive technologies will reshape the transportation industry,” said state Transportation Secretary Jim Trogdon. “This research will provide North Carolina with data we need to prepare for these changes.” NC-CAV’s research outcomes will assist NCDOT and transportation policy and decision-makers in better understanding and planning for future developments and long-term trends to advance North Carolina’s transportation research on CAVs at the national level.  The center, headquartered at the Gateway Research Park’s north campus in Greensboro, brings together a strong and diverse team of transportation-related expertise from N.C. A&T, North Carolina State University and University of North Carolina at Charlotte."
 
A Center is interdisciplinary, involving more than one institution require Board of Trustee approval. The alleged New Center of Excellence at N.C. A&T require Board of Trustee approval. If it happen it wasn't  Notice in compliance with Public Record laws. If it didn't happen Harold Martin Administration may have ignored required Board of Trustees approval.  see https://www.ncat.edu/news/2019/12/nc-cav-funded-by-ncdot-2019.php
 

 
NC A&T official website says "N.C. A&T Announces New Athletics Affiliation: Big South Conference". Stating   N.C. A&T Board of Trustees voted to switch athletic conferences from the Mid-Eastern Athletic Conference (MEAC) to the Big South on Friday morning (02/06/20), just prior to the press conference, acting on a study and recommendation from its Athletic Conference Assessment Committee.  The committee completed its study and approved the recommendation on Tuesday.  “As our committee did its due diligence over the past year, the opportunities to positively impact the lives of our student athletes and the financial health of athletics became increasingly clear and detailed,” said A&T trustee and ACAC Committee Chair Timothy King. “In the end, we had compelling answers to all our questions, making our choice straightforward. [1]
 
N.C. A&T Noticed Feb. 5, 2020, The North Carolina Agricultural and Technical State University Board of Trustees will hold a special called meeting, at 8 a.m., Friday, Feb. 7, in the Chancellor’s Boardroom. A copy of the agenda is attached for review. (emphasis added).  Agenda was for North Carolina Agriculture and Technical State University Board of Trustees Executive Committee Special Called Meeting. Agenda Action Items (a.) State Budget Resolution b. Assessment Committee Recommendation.   Executive Committee did not have authority to act on behave of the board in a Call meeting.  Minutes of the Executive Committee are approved at the next meeting of  the Executive committee. No minutes of Executive call meeting were included in agenda for the next NC A&T Board of  Trustees Regular Schedule meeting Feb. 27, 2020.
 
A Superior Court Judge ruled question of whether NC A&T complied with NC Public Records laws was not Moot, ordering defendant NC A&T to respond to Plaintiff's Amended Complaint.  At issue in complaint is not decision to exit MEAC Conference and join Big South Conference, but NCA&T leadership compliance with State Open Meeting law procedures and  State law as whether NC A&T Board had authority to make  decisions.   SEE A&T Big South Conference Affiliation Challenged  10.30.20
 
 
 
[1]  NC A&T Public Record Request;  [2] Here's how N.C. A&T and Big South got to the altar, Khadejeh Nikouyeh Greensboro News and Record February 7, 2020