Superintendent Dr. Tim Markley’s affair with his subordinate and the associated questionable salary raises were confirmed by media reports. What
stunned most everyone was that Markley was somehow allowed to keep his job.
According to North Carolina law, Markley should have been, and still should be,
removed from office.
NorthCarolina General Statute 115C-274 is on the removal of superintendents and
addresses the issue very specifically. It states “Local boards of education are
authorized to remove a superintendent who is guilty of immoral or disreputable
conduct…” and goes on to say “It shall then be the duty of that board of
education to hear the evidence in the case and, if after careful investigation it
shall find the charges true, it shall declare the office vacant….”
New Hanover County School Policy 1240, Code of Ethics For Board of Education Members, requires board members to "Obey all applicable state and federal laws regarding
official actions taken as a Board."
The word "Shall" when used in laws is used to express what is mandatory. The law is very clear and states the board of education “shall declare the office vacant” for immoral or disreputable conduct. For the New Hanover County Board of Education, removing Markley from office is not an option according to the law, it is mandatory.
