Education

'Silent Sam' deal included extra $75,000 to keep Confederate group's flags off UNC campuses

In addition to the $2.5 million the University of North Carolina paid to have the Sons of Confederate Veterans take a controversial Confederate monument from UNC-Chapel Hill, UNC paid the group $74,999 not to meet or demonstrate on any of the system's campuses for five years, according to documents released Monday.

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By
Matthew Burns
, WRAL.com senior producer/politics editor, & Laura Leslie, WRAL Capitol Bureau chief
CHAPEL HILL, N.C. — In addition to the $2.5 million the University of North Carolina paid to have the Sons of Confederate Veterans take a controversial Confederate monument from UNC-Chapel Hill, UNC paid the group $74,999 not to meet or demonstrate on any of the system's campuses for five years, according to documents released Monday.

But the money basically keeps only Confederate flags from being displayed on the campuses.

Under an agreement approved last month by a judge, the SCV agreed to take ownership of the "Silent Sam" statue, which stood for more than a century on the UNC-Chapel Hill campus before protesters toppled it in August 2018, and build a center to preserve it.

The deal has been denounced by students and faculty as paying money to support white nationalism, and a civil rights group has filed a motion questioning the legality of the agreement in an effort to rescind it.
UNC has released close to two dozen documents related to the last 16 months of the Silent Sam controversy, including more information about the settlement with the SCV that the UNC Board of Governors approved on the day before Thanksgiving.
The SCV first contacted the Board of Governors about Silent Sam last February, but the documents don't include any correspondence between the two groups from that point until late November.
The deal with the SCV was approved behind closed doors by the board's Committee on University Governance. Twenty-two of the 24 board members were on the conference call, and at least one person on the eight-member committee opposed the deal. The minutes of the closed session show that Thom Goolsby, a former state senator who criticized the protesters who pulled the statue down and demanded that it be put back on campus, voted against the settlement. Another committee member, Tom Fetzer, a former Raleigh mayor and North Carolina Republican Party director, was noted in the minutes as not being on the call when the vote was taken.
When the committee returned to open session, it adjourned without any public acknowledgement of the settlement, other than a statement that a news release would be issued later in the day. State law appears to allow public bodies to approve legal settlements in closed session as long as the discussion is noted in minutes that are later publicly available.
The $2.5 million trust created by the deal can be used only to move Silent Sam to a new location – it cannot be in any of the 14 counties statewide where UNC has a campus – purchase property and put up a facility for its preservation, pay for utilities, taxes, maintenance and security for the facility and professional fees, such as the SCV's legal fees in the dispute.

Kevin Stone, president of the North Carolina SCV chapter, had suggested in an email to his members after the deal was announced that the money could go toward a new headquarters for the group.

In a letter Stone sent Saturday to Board of Governors member Jim Holmes, he apologized for "puffing and strutting" in the email and said suggestions that the SCV was "trying to pull the rug over the heads of UNC" were wrong.

"Some who disagree with this settlement have tried to say it was a deal between UNC and a white supremacy group. This is untrue. The SCV is not a white supremacy group, and just because some people who disagree with us call us that does not make us one," Stone wrote. "The SCV is a group honoring our Confederate ancestors who fought and died between 1861-1865. The SCV does not allow white supremacists in our group, and we do not endorse any such beliefs. Anyone who endorses any of these beliefs is not welcome in our group."

Aside from the deal the Board of Governors approved, UNC Interim President Dr. Bill Roper and Stone signed an agreement six days earlier, on Nov. 21, that UNC would pay $74,999 to the group and that the SCV won't "hold, sanction, sponsor, or otherwise hold a meeting, ceremony, or other group event on any UNC System constituent institution campus or UNC System- or constituent institution-controlled property for a period of five years."

But because the main settlement between UNC and the SCV was approved by a court, the group will be allowed to demonstrate on UNC campuses, provided they comply with campus security policies and procedures and agree not to "display any Confederate flags, banners, or signs" other than individual SCV lapel pins.

Roper then notified Kevin Guskiewicz, who has since been named as UNC-Chapel Hill chancellor, by letter on Nov. 26 that a deal resolving the Silent Sam issue was imminent and that UNC-Chapel Hill would need to transfer $2,574,999 to the UNC system office to fulfill its terms.

Holmes and four other Board of Governors members who helped negotiate the deal – Darrell Allison, Wendy Murphy, Anna Nelson and Bob Rucho – wrote a column defending the deal that ran Monday in newspapers in Raleigh and Charlotte.

"We were given the responsibility to resolve a deeply divisive and personal issue. While we have heard from citizens from across this state who have expressed their gratitude for our efforts of finding a solution to this issue, we also acknowledge that others strongly disagree with the board’s decision to approve a settlement. Compromise was a necessity," the five board members wrote.

"However, we remain convinced that our approach offered a lawful and lasting path that ensures the monument never returns to campus. We believe this agreement not only protects and reduces the risk of violence and physical harm to students, faculty, and staff if the monument had returned to the UNC-Chapel Hill campus, but also ensures the same for our 16 other campuses in the UNC System."

Gov. Roy Cooper joined the growing chorus of opposition to the deal, however.

"I hope the board can fix this. Obviously, this is not good to have our university having foundation grants pulled, and it sends a bad signal, so I hope the Board of Governors can regroup and find a better way to do this," Cooper said Monday.

The Andrew W. Mellon Foundation last week rescinded a $1.5 million research grant it was about to award to UNC-Chapel Hill, saying the deal with the SCV "runs antithetical to who we are and what we believe as a foundation."

Cooper said it may be time to seriously consider changes to the way the UNC system is governed. The Board of Governors, all appointed by the Republican-controlled legislature, may have become too centralized, with too much power over how individual campuses are run and not enough accountability to the people of the state, he said.

"We have seen new presidents every year; we’ve seen a lot of interim chancellors," the governor said. "I think it’s time for strong leadership that is dispersed some, that allows more flexibility for our universities."

In addition to the money paid to the SCV, UNC agreed to pay $125,000 in legal fees to Raleigh attorney Ripley Rand to help the Board of Governors negotiate the Silent Sam deal.

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