ROCKINGHAM — An ongoing court battle between Commissioner Jamie Gathings and the rest of the Richmond County Board of Commissioners is going federal.
On May 30, attorneys Aaron J. Horner and Mary Craven Adams of the firm Womble Bond Dickinson, representing the board, filed a response to Gathings’ amended complaint.
However, instead of filing in Richmond County Superior Court, the county’s response was filed in the U.S. District Court for the Middle District of North Carolina.
On the same day, the lawyers filed a notice of removal asking the federal court to assume jurisdiction over the case.
The reason: Gathings contends that the board violated his constitutional rights, including the right to due process.
Gathings’ amended complaint, filed May 27 in superior court, lays out allegations following the May 5 special meeting at the Richmond County Airport.
During that meeting, the board agreed to allow Gathings entry into county-owned buildings to conduct personal business and join meetings remotely — he had been suspended for 90 days since another special meeting in February — and vote in the case of a tie.
However, the resolution that was actually passed and signed on May 6 prohibits Gathings from entering the Richmond County Judicial Center unless he’s scheduled for a court appearance, in such case he’s required to send evidence to the county attorney and a copy to the sheriff.
Gathings is also barred from entering the Richmond County administration building, Department of Social Services and Department of Health and Human Services; as well as all other county buildings unless conducting personal business.
Commissioner Jamie Gathings looks over a draft resolution regarding complaints filed against him from other commissioners and county employees during a special meeting on Feb. 3.
RO file photo
When conducting personal business, Gathings is required to notify Sheriff Mark Gulledge 24 hours in advance by email, detailing the specific building and time window and location.
As for his tie-breaking provision, that is to be “at the express written email invitation of the clerk.”
“The Richmond County Board of Commissioners acted beyond their scope of authority in trespassing and banning Gathings from attending all meetings and special sessions in-person and banning and restricting his participation to be that of only remote means,” reads the complaint. “Restricting his ability to only vote remotely strips his ability to carry out his duties and responsibilities as a commissioner and draws the conclusion that his vote will never count.”
Gathings and his lawyer, Ellen A. Bragg, contend that the board has no authority to prohibit the commissioner “from carrying out his duties of public office without due process.”
“The only remedy available to a Board to remove an elected official from office is the common law doctrine of amotion,” the complaint reads. “An amotion proceeding requires due process, notice, hearing, and impartiality. None of which have been afforded to Gathings.”
As explained during the May 5 meeting, the amotion proceeding will feature testimony from those who filed complaints against Gathings — which led to his initial suspension in February — and the rest of the board will act as the jury.
As of June 2, the RO is not aware of a date being set for the amotion proceeding.
The amended complaint also includes a petition for a writ of mandamus, asking the court to direct the board to allow Gathings to “immediately allow Gathings to exercise his duly elected seat of public office and attend all portions of all meetings … held by the Richmond County Board of Commissioners, and enter County-owned facilities for personal matters in which all tax paying citizens shall be entitled.”
With the ban in place, Gathings was unable to participate in the budget workshop as well as “other time sensitive, high priority matters at interest for Richmond County …”
The county’s answer is repetitive, mostly denying paragraphs outlined in Gathings’ complaint and asks for the case to be dismissed and a judgement entered in favor of the defendants.
Both Gathings and the county are asking for the opposition to pay all legal fees.
Online court records show Gathings initial complaint was filed on April 3 and the county filed a motion to dismiss on April 24.
On May 27, Superior Court Judge Jonathan W. Perry granted a motion to dismiss Gathings in his official capacity, but denied the motion to dismiss him as an individual.
A motion hearing was scheduled for June 17, but has been canceled.
On April 10, Gathings also filed a complaint against Commissioners Justin Dawkins, Andy Grooms and Robin Roberts, alleging false statements and asking for “in excess of” $25,000 in damages.
An answer and motion to dismiss was filed in that case on May 21.
Commissioner Jason Gainey filed a complaint against Gathings on Feb. 28 related to a comment Gathings made during the December 2024 meeting, accusing Grooms of buying Gainey’s vote in Grooms’ bid for chairman by allocating funds to Sandhills Best Care — the practice of Gainey’s wife.
Gathings also allegedly made a statement that he would “expose” Ganiey’s “hidden” criminal background.
Gainey is asking for $25,000 in damages in that case.
Gathings filed an answer and counterclaim on April 10, saying that any statements made were in his capacity as a commissioner “made in good faith and without malice.”
The counterclaim also accuses Gainey of making false statements against Gathings.
Gainey filed a motion the following day for an extension of time to respond to the complaint, which was granted.
Both of those cases are still pending.
