June 14, 2022 Meeting Minutes  The meeting was called to order on June 14, 2022 at 5:00 p.m. at the Cumberland County  Board of Elections board room by the Chair. Present: Helen Nelson - Chair  Billy King - Member Irene Grimes - Secretary  Linda Devore - Member James Baker Member Angela Amaro, Vickie Hillburn  Staff: Guests:  Shamika Bethea, Sharon Lee, Peter Apone, Bobby Swilley, Michael Morrison,  Myron Pitts, Susan Chapman, Harlan Devore, Gail Mof.(Illegible), Famor... (llegible), Meta Weaver-Coaxum, John Zimmerman, Benjamin Elliott, Elijah (illegible), Rudy Smith, Donna  Davis, Susa Mills, Sally Shutt, Sonja Evans, Peter Pappas. PUBLIC COMMENT: (each speaker has 3 minutes)  1. Shamika Bethea (1919 Wordsworth Drive, Fayetteville, NC 28304) speaks in favor of 2. Michael Morrison (1045 Rim Road, Fayetteville, NC 28314) speaks ini favor of invocation; thanks members Baker, Devore, King, Nelson for their vote in favor ofi invocation; addresses member Grimes separately says she is getting bad advice. 3. Bobby Swilley (1904 Nantucket Court, Fayetteville, NC 28036) speaks in favor of invocation; one group should not dictate to others what they can or cannot do. 4. Gail Morfesis (404 Valley Road, Fayetteville, NC 28305) speaks in favor ofi invocation; as the representatives of the people board members should listen to what the people want. 5. Andy Morfesis (404 Valley Road, Fayetteville, NC 28305) speaks in favor of invocation;  invocation. Recites scripture.  prayer is a public health issue.  Chair Nelson explains that the issue of whether the Board will have an invocation has already been decided; today, the discussion will be how to be compliant with the law. ACTION: Secretary Grimes moves that the Board approve the agenda. Vote: Passes (4/1; in favor: Grimes, Baker, King, Nelson; Opposed: Devore)  Second: Member Baker  Member Devore suggests that the discussion of the invocation be moved up on the agenda, SO that members of the public who are here just for that purpose are then free to leave. Secretary Grimes opposes as members of the public left the previous meeting immediately after the invocation discussion and did not remain for the actual business of the Board; elections. ACTION: Member King moves to approve the minutes for May 10, May 17, May 26 and June  6,2022.  Cumberland County Board of Elections, June 14, 2022  Page1 1of4    Second: Member Grimes Vote: Unanimous in favor July 23, 2022 8 a.m. - 3 p.m. July One Stop Plan. Second: Member Baker Vote: Unanimous in favor  Interim Director Amaro proposes the following One Stop Plan for the July municipal election: Board of Elections office, July 7-2 23, Monday through Friday 8 a.m. - 5p p.m., and Saturday ACTION: Member Devore moves to accept the recommendation of staff as it relates to the  Interim Director Amaro proposes that the absentee meeting for. June 21, 2022 be cancelled as she does not anticipate having any absentee ballots returned by that date. She indicates that the Board needs to set the time for the subsequent absentee meetings (beginning on June 28 ACTION: Member Devore moves to set the time for absentee meetings at 5:00 p.m..  and each Tuesday thereafter). Second: Member Baker Vote: Unanimous in favor  Interim Director Amaro reports that Manna Church has notified the Board that their facility may not be used for elections any longer. Their facility will be used for the July election as they have to give 150 days notice. Staff is optimistic that they will be able toi find another venue for Interim Director Amaro also report that she has received approval from finance to pay fori the Member Grimes reports that she has received phone calls that she believes are related to the invocation discussion; she describes the calls as "ugly" and states that that is inappropriate. Chair Nelson gives the floor to Rick Moorefield (County Attorney) to provide advice as to the Mr. Moorefield explains that the Board of Elections is not a county department and that the only relationship the Board has with the County Commissioners is that they fund legal expenses, occurring through the conduct of the Board's legal business. By statute the Cumberland County Board of Elections is obligated to follow guidance of the State Board of Elections.He is certain that the State Board has never provided any guidance in reference to a policy such as this (invocation). Adopting a written policy is a different kind of action and is outside of the scope of what you are charged with. Cautions against adopting a written invocation policy because as the County Attorney, his recommendation to the commissioners would be to not defend the Board in a lawsuit and the State may not either. Attorney Moorefiled states that there has been lengthy correspondence between Member Devore and Attorney Moorefield and that there is a difference of opinion as to case law. There isa a case in the 4th circuit (where we are located) where a governmental agency had to pay approx. $300,000.00 in attorneys fees. There is nothing wrong with doing an invocation, but he recommends not adopting a written policy. The only safe harbor is to pray to "God" and not invoke a specific deity ("Jesus"). There are not enough resources in the county to ensure an  the November election.  municipal election our of this year's budget.  constitutionality of the proposed invocation policy.  Cumberland County Board ofE Elections, June 14,2022  Page 2of4    reasonable amount of diversity. If you adopt a policy the Supreme Court says you have to have Chair Nelson asks County Attorney Moorefield if his recommendation is to continue with the Secretary Grimes said that she was surprised that after having been polite towards those that pray in public and stood and was silent during the prayer, when the moment of silence was instituted the tolerance was not extended to those that are comfortable with that practice. Member Devore says that religious diversity can be obtained if members invite someone else Member Baker asks the County Attorney to specify if his recommendation is to not have a Christian prayer at all or to have a variety of prayers. Mr. Moorefield recommends that the Member Devore says that none of the case law requires a non sectarian prayer as long as there is an opportunity for diversity; and that Member Grimes has stated that she will provide some of that diversity. She spoke on behalf of agnostics when it was her turn for the invocation. Member Grimes interjects that she has not offered to provide invocation diversity. County Attorney says that he is giving the Board what he thinks to be the safeguard and the Board can do what they chose. Member Baker inquires if the recommendation is that when iti is his turn he does a Christian prayer and the next time he invites a Rabbi and the next time an Imam; Attorney Moorefield says that would work. Member Devore remarks that it is not required of each member to be diverse as long as the Board as a whole provides an opportunity for diversity. Mr. Moorefield says that the Board can not rely on only Mr. Baker to provide said diversity; and that he is giving the best advice in order to be safe from al legal challenge and to not put this in a written policy. Member Devore withdraws her motion to adopt Chair Nelson confirms that no motion is needed (since there was a motion in the prior meeting) and that the staff will notify the designated Board Member three days in advance when itis  ar mechanism in place to ensure diversity.  practice and just not pray in the name of a deity (l.e. "Jesus").  to do the prayers in their stead.  Board finds "some sort of diversity".  her written resolution.  their turn to offer the invocation. Adjournment Motion: Member Grimes Second: Member Baker Submitted by, E  Chair Nelson adjourned the meeting at 5:58 p.m.  Irene Grimes,  CAu  Cumberland County Board ofE Elections, June 14, 2022  Page 3of4    Dilnde hue Helen Nelson, Chair  6 JamesH H. Baker, Member  Ludidnles Linda Devore, Member  Aispe  Cumberland County Board of Elections, June 14, 2022  Page 4of4