NEW HANOVER COUNTY — Last year, Vogel Law Firm scored the lowest yet still won the legal services contract with New Hanover County Schools. This year the firm didn’t apply, but still came out on top as the victor.
READ MORE: Vogel Law Firm did not reapply to represent NHCS, board scores 3 new firms ahead of vote
Without majority support for the three firms that applied — Tharrington Smith, Poyner Spruill and Crossley McIntosh & Collier — board member Pat Bradford issued a motion to “continue with the current law firm.”
In a call with PCD on Wednesday, Kraybill said she thought Vogel didn’t reapply because its lead counsel Jonathan Vogel was having “difficulty with some board members.”
Despite not submitting a proposal, Vogel said Tuesday it “would be an honor” to continue serving the board at Tuesday’s meeting.
The board began seeking proposals for legal counsel earlier this year. Tharrington Smith, the board’s former representative before getting the boot last year, was ranked the highest, with Poyner Spruill not far behind. Four of the seven board members rated Tharrington Smith slightly higher than Poyner Spruill; board member Kraybill scored them the same.
Bradford rated the two firms significantly lower. She and chair Pete Wildeboer favored Crossley McIntosh & Collier and gave them a 25 and 23 (out of 25), while the rest of the board did not score them above an 18.
Though when it came time to choose a firm Tuesday, the board fumbled between votes. Kraybill’s motion to accept Poyner Spruill failed 4-3, with Wildeboer, Josie Barnhart, Melissa Mason and Bradford voting against the firm.
Barnhart’s motion to accept Crossley McIntosh & Collier (though with adjusted rates) also failed 5-2, with Mason and Bradford joining Kraybill, Hugh McManus and Walker dissenting.
Mason attempted to amend Bradford’s motion to allow the board to send out another RFP, a three-month process.
“My motivation was to find a good attorney that did not have any conflict of interest at all and none of the three were any of those things,” Mason said.
She was referring to Poyner Spruill and Tharrington Smith’s previous work with Liberty Mutual, whom the board sued in 2021 amid its cases against the sexual assault victims of Michael Kelly. Mason also said that the child of Brian Kromke with Crossley, McIntosh & Collier was involved in a case against NHCS.
Mason’s motion to amend didn’t get enough support, andthe board will continue with Vogel until June 30 — a moot point considering that was already the plan per Vogel’s contract. If it chooses to extend Vogel’s contract beyond June, another vote to do so will need to take place.
The board will also retain its ability to contract with Poyner Spruill and Sink Law Firm on special education matters.
The board can reconsider and choose to hire one of the three interviewed firms at a future meeting or open another RFP; it could also attempt to find in-house counsel, as Kraybill suggested to an unenthused board.
“I predicted this from the very beginning that we would get to this moment when somebody would say, ‘Let’s start over again so we can keep Mr. Vogel,’” McManus said.
McManus was visibly upset, calling the move “absurd” and a “ploy,” and when Wildeboer tried to move on, McManus called for the chair to throw him out of the meeting.
“Why did we go through the hours — the hours — of presentations?” McManus asked.
Bradford said she did not have to provide answers to why she voted down two firms, including one she gave a perfect score.
“The seven of us have the opportunity to express a personal choice of which law firm they want,” Bradford said. “And, to be honest, we don’t have to give you any reasons because the choice of someone to represent you legally, to go to court and represent you legally, to advise you to keep your tail end out of the slammer, is your choice.”
Later, Kraybill hit back saying Bradford’s duty as an elected leader is to be accountable for her actions.
Wildeboer championed Crossley, McIntosh & Collier because they were local and would not be charging hundreds in travel fees like the other firms. Though they have no experience in education law, Wildeboer said he liked the firm and was honest about their résumé.
“[We say] we’re just so passionate about local businesses,” Wildeboer said. “However, when someone steps up to the plate, we say ‘nah.’”
Both Wildeboer and Barnhart believed the district should hire the firm while maintaining coverage from Poyner Spruill and Sink Law Firm on special education matters. McManus said special education was a critical area for the district, asking if anyone wanted to disclose “how much we spent on legal in the exceptional children arena.”
McManus, Walker and Kraybill focused on the scorecards and qualifications requested by the board. Poyner Spruill and Tharrington Smith have some of the largest education law teams in the state with track records covering all issues, from Title IX to construction law to parliamentary procedure. Crossley, McIntosh & Collier is a smaller firm with experience representing municipalities.
“As nice as they are, as local as they are, and I’m not saying anything negative about them, personally, they even say they are not qualified in education law and that is what we asked for,” Walker said.
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