NEW HANOVER COUNTY — The New Hanover County Board of Education’s legal counsel contract is again up for debate in the wake of the law firm’s two employee desertions.
READ MORE: NHCS extends Vogel Law Firm’s contract, despite attempt to subcontract Woody White Law Firm
At the board’s agenda review meeting last week, board member Stephanie Kraybill spearheaded a discussion on the district’s contract with Vogel Law Firm, hired in May 2022.
“My concerns from the very beginning have not gone away — that we have a law firm that we elected that is, I don’t believe, capable of handling all of the intricacies of the work that we have,” Kraybill said at the meeting.
She then told everyone the firm had just lost two attorneys, though didn’t name them.
As first reported by WHQR, these employees are Jonathan and Leigha Sink. The couple operates Sink Law Firm, which contracts with Vogel, is suing the Vogel Law Firm for breach of contract in Mecklenburg County small claims court. According to the complaint, Vogel Law Firm willfully withheld monies from the two employees in the amount of $7,779.25.
The Sinks claim the complaint is “very straightforward” and the defendant knows he breached the contract and is in the wrong. Per the contract, Vogel and the Sinks, via the Sink Law Firm, agreed to split 50/50 the monthly income from representing the New Hanover County Board of Education.
The complaint states October’s invoice to NHCS totalled $27,558.50. As agreed, the Sinks were owed $13,779.25, but they report only being paid $6,000. The Sinks claim Vogel, as the sole member of Vogel Law Firm, is acting “willfully, unilaterally and deceitfully.”
Seemingly not surprised by Kraybill’s comments, Vogel attempted to assure the board his firm was still operating business as usual.
“Sometimes people are separated from a law firm, like any business,” Vogel said at the meeting. “A law firm, like any business, has to evaluate the quality of someone’s work and work ethic and loyalty to the firm and to the clients, and then sometimes people choose to separate from the firm for a variety of reasons.”
Vogel didn’t name the Sinks nor address their pending complaint against him, but noted the departing attorneys “did very little work” for the company and the firm continued to be fully equipped to handle the district’s workload.
Vogel Law Firm attorney Terry Wallace will continue to work on legal issues arising from human resources and has taken on operations as well, but Vogel will be taking over the Sinks’ duties.
“One person to do most of the work is, I think, for a district our size, I don’t think is a good idea,” board member Stephanie Walker said.
The “boutique” firm has faced concerns over its work capacity and qualifications in the past.
Vogel’s website states it staffs six attorneys and one paralegal, though it’s unclear if that number has been updated to discount the Sinks. Last fall, Vogel proposed hiring Woody White Law Firm as a subcontractor, though his contract with NHCS forbids doing so without board permission.
The issue was never voted on, though the move indicated Vogel’s need for more legal manpower. His choice of Woody White Law Firm, however, opened the firm up to criticism that the law firm is politically biased.
White, is an outspoken conservative that has held various positions, including in the North Carolina Senate, New Hanover County commissioners, UNCW board of trustees, and most recently, UNC System board of governors, and most recently, the New Hanover Community Endowment board of directors.
The attorney endorsed Vogel Law Firm via email to the board days before it voted to switch firms, citing the need for a fresh perspective on the district’s legal cases and to “recalibrate the liberal orthodoxies that have made their way into our local system.”
Like in previous discussions, Kraybill resurfaced her concern Vogel has “too much of a partisan twist,” citing his involvement in the Carolinas Academic Leadership Network, created by the conservative think tank John Locke Foundation.
Kraybill was interrupted by board member Josie Barnhart, who questioned whether that point was germane; board chair Pete Wildeboer ruled it was not, but allowed Kraybill to continue speaking.
Transparency was also a flag for Kraybill, who accused Vogel of only disseminating information to a few members of the board. She also had concerns that Vogel was too involved in board actions.
“We should be asking him for his opinion, or his advice on ‘if we did this,’ not asking him to write our policies or anything,” Kraybill said. “I just think that we need to have another hard look.”
It’s typical to consult legal counsel when drafting policies, though it’s often unclear where specific language comes from when the NHCS policy committee — made up of Barnhart, Kraybill and Pat Bradford — reviews them. Changes made are redlined, but they are not attributed to anyone in writing, origins unclear unless someone explains further.
In one instance, the committee advanced a policy, mainly put together by Assistant Superintendent of Human Resources Christopher Barnes, for standards of professional conduct. The policy was tailored as an easy-to-find, easy-to-understand synthesis of guidelines already encoded in the NHCS rulebook.
However, one section stood out. Section Z states employees shall “ensure dignity and nondiscrimination in schools by not teaching students or compelling students, teachers, administrators, or other school employees to affirm or profess belief” in concepts related to racism or sexism.
Such concepts include affirming one race or sex is inherently superior or one race or sex is responsible for actions committed in the past. The text also prevents statements promoting violent overthrow of government or that the rule of law does not exist.
The text is the exact language used in one provision of House Bill 187, introduced in February in the General Assembly and co-sponsored by Rep. Frank Iler (R-Brunswick). The bill did not pass in this year’s long session.
Barnes told the board the policy was brought to staff by Vogel; after some discussion on the policy itself, Vogel clarified that was not the case.
Port City Daily filed a public records request for emails mentioning the policy or H.B. 187 between Barnes and Vogel.
It was submitted on Oct. 18; six weeks later, PCD was told no “documents within the parameter of the request were sent to the Vogel Law Firm for review/redaction.” According to Vogel, “there are no responsive, non-privileged documents.”
PCD has requested clarification on how many documents were being withheld and why, plus the state statute that exempts them from public release. As of the time of publication, NHCS has failed to provide this information despite multiple attempts to discuss the matter.
Another PCD request, filed on Oct. 5, for all emails between Vogel and the school board, has yet to be filled or addressed by staff.
On Monday, PCD asked how many public records requests were awaiting vetting by Vogel, along with the average time it takes the firm to respond to requests. No answer was given by press.
The agenda review marks the third time the board has discussed Vogel’s contract since its hiring; Vogel insinuated that was unwise.
“I want to caution you to not get distracted,” Vogel said. “You as the board know better than anyone that you have important issues on your plate including academic achievement and fiscal responsibility.”
The attorney dismissed the complaints against him as “misinformation” and from people “who have ulterior motives and hidden political agendas.”
Bradford also came to Vogel’s defense, agreeing with his assessment of the discussion.
“Some of this feels like partisan sour grapes,” Bradford said.
Citing her career as the owner of Wrightsville Beach Magazine, Bradford said she understood the natural coming and going of employees into a company.
“Every time we have these discussions, I believe that we stray out of integrity. I think we stray into violating our code of ethics,” Bradford said. “We need to rein that in. We absolutely need to. The public looks at us and says ‘what a dysfunctional board’ — it’s just sad.”
A vote on reevaluating or terminating Vogel’s contract could be brought to the table at Tuesday’s board meeting. It is unlikely Kraybill and the board’s Democratic minority would be successful in ousting the attorney.
Reach journalist Brenna Flanagan at brenna@localdailymedia.com.
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