Commission Violates State Law, Again?

Opinion: Dismissal of two Hoke County Planning Board members—before their terms expired, without cause, hearing or public meeting—violates several laws.

The removal of Ricky Locklear and Tim Locklear—who are not related—from Hoke County’s Planning Board in December came as a shock to the pair, whose terms on the advisory group officially run until April 2025, and 2026, respectively. County commissions can remove people from appointed positions, but in cases like this state statutes may have been violated.

Details are found in North Carolina’s 153A‑77. It reads, in part, “A member may be removed from office by the county board of commissioners for (i) commission of a felony or other crime involving moral turpitude; (ii) violation of a State law governing conflict of interest; (iii) violation of a written policy adopted by the county board of commissioners; (iv) habitual failure to attend meetings; (v) conduct that tends to bring the office into disrepute; or (vi) failure to maintain qualifications for appointment required under this subsection. A board member may be removed only after the member has been given written notice of the basis for removal and has had the opportunity to respond.”

The Locklears did not receive a notice describing the basis for their removal, there has been no opportunity to respond and neither has violated any laws or regulations. The only correspondence they received is seen below, this one the letter to Ricky Locklear.

The only members of the Hoke County Commission to return calls from the Locklears to date are Allen Thomas—who was on his honeymoon when the decision was likely made—and Mary Blue McCollum. She won her seat on the commission in November and probably doing through freshman jitters in her new position.

Jacquiline Lowery, the Hoke County interim planner who signed the letter, told The News-Journal in early January that, “The only thing I know is the two board members were taken off. I was not informed of it until it was done.”

The Legal Mistake

A county commission that appoints someone to a board or advisory committee with an indefinite term of service has the right to remove that person at will. The law changes if they’ve seen assigned a specific length on the board, however. Members of the Hoke County Planning Board fall under the latter category, as seen here.

The University of North Carolina’s Coates’ Canons NC Local Government Law explains the requirements for removing members of appointed boards. Details and court decisions affirming the process required for such an action are found here. This situation falls under the article’s “Second Removal Rule” section.

It appears to be a flagrant violation of state law, although that decision is up to North Carolina’s Attorney General and our District Attorney. There is another concern. If there was no “just cause” that might force the Hoke County Commission into a closed session due to privacy concerns, was it made behind closed doors in violation of the state’s open meeting’s law?

Closed-Door Decision?

The agenda for the Dec. 2 commissioner’s meeting—the one in which the changes were likely approved—includes “b. Planning Board and Planning Adjustment Board” under “consent agenda” items. Those that fall under that blanket category are nearly always passed quickly, without discussion and details are rarely, if ever, provided to the public at meetings or on the county’s website.

Neither Locklear name appears on the agenda. Nor do the names of the freshly appointed members of the Hoke County Planning Board, despite the fact the county has done so in the past. In April 2024, for example, one of the consent agenda items states, “Appointment of Ms. Wanda Cohen to Board of Health.”

When and how the consent items are discussed beforehand remains unclear, however. North Carolina’s Article 33C—Meetings of Public Bodies regulations state, “Whereas the public bodies that administer the legislative, policy-making, quasi-judicial, administrative, and advisory functions of North Carolina and its political subdivisions exist solely to conduct the people’s business, it is the public policy of North Carolina that the hearings, deliberations, and actions of these bodies be conducted openly.”

The law goes on to explain, “(d) ‘Official meeting’ means a meeting, assembly, or gathering together at any time or place or the simultaneous communication by conference telephone or other electronic means of a majority of the members of a public body for the purpose of conducting hearings, participating in deliberations, or voting upon or otherwise transacting the public business within the jurisdiction, real or apparent, of the public body.”

When were the planning board changes discussed, were minutes taken and where is the notification of the meeting? Our Freedom of Information Act request to procure materials provided to commissioners for their “consent agenda” packet on Dec. 2 was filed on Monday. We’ve been assured it is being processed. We’ll let you know when that arrives and if it’s possible to ascertain full details.

Regardless of those findings, the lack of transparency by the county has caught the attention of dozens of residents. The Locklears most of all.

Ricky Locklear

What drove Ricky to even serve on the planning board? “For the public,” he said. He felt his primary duty in that position was soliciting input from residents and, “To make sure things are looked at if their property is zoned. I want to listen to what the public has to say about it.”

How well that works was on full display in mid-2024, when he learned a new development’s large parking lot was draining into and flooding established homes nearby. After inspecting the situation, he didn’t turn the problem over to Hoke County officials. Instead, he contacted and met with the construction company’s owner.

In only days a diversion system and ditches were installed that remedied the problem. He asked that we keep the location secret in respect for the privacy of affected homeowners, but it put his open and effective approach on full display—the same way he operates his Locklear & Locklear Auto business.

Ricky was born in Fayetteville, moved to Pennsylvania when he was six months old, and served active duty with the U.S. Marine Corps for eight years. He made Hoke County his permanent home in 1990.

His willingness to dig in and get the work done right the first time showed in how he continued working on a car while we struggled to take his photo (seen above). His priority was finishing the job for a customer, on time.

That focus serves him well when it comes to listening to two sides of the story and efficiently driving ahead to amicable solutions. When asked about Hoke County he said overall, “There’s good people. But there’s a little clique…and that clique is what’s steering things in the county. You’ve got to get out and vote to make a difference.”

You can hear Ricky explain his side of the story on a recent Roundtable Talk Podcast here. We’ll let you know if the commissioners ever decide to go on the local show.

Editor’s Note: Tim Locklear respectfully declined an interview until he finds out more about his removal. Both he and Ricky Locklear emphasized they have no hard feelings toward their alleged replacements, and in fact wish them well in their advisory capacity. The Hoke County Commission is free to ignore the board’s recommendations and often does.