The Fayetteville Ethics Commission dismissed an ethics complaint against City Councilmember Brenda McNair that was filed by the candidate who tried unsuccessfully to replace her in office.
Only three of the commission’s five members attended the meeting, the minimum required for a quorum. All three voted unanimously to dismiss the complaint filed by Kathy Greggs against McNair. They also voted to dismiss a second complaint, the subject of which the city has not disclosed. The cases are the eighth and ninth complaints the panel has thrown out since 2020.
According to both written notices of dismissal, “The violation, if true, would not constitute a violation of the City of Fayetteville Code of Ethics.” The notices also stated that the complaint does not fall within the authority of any other city department or outside agency, and therefore will not be referred elsewhere.
Robin Davis, the commission’s attorney, told CityView that the panel voted at its December 15 meeting on how it intended to resolve each pending case. The March 30 meeting, she said, was largely a procedural formality required by the rules so the commission could adopt the written dismissal notices in open session.
After learning of the decision, Greggs, a veteran and founder of the police reform group Fayetteville PACT, told CityView she planned to take the matter to the North Carolina Attorney General’s Office. Local oversight bodies have shown they “cannot police their own,” she said.
What Kathy Greggs Alleged in Her Complaint
Greggs, a former District 7 candidate, accused McNair of showing partisan bias and racial favoritism during the 2025 municipal election. Her complaint cited several videos posted by a short‑lived Facebook account that showed McNair speaking with voters. In one clip, McNair said she is a Democrat; in another, she said, “I am for our people,” and claimed Greggs is “working with MAGA.”
McNair, the incumbent, defeated Greggs in the November election, winning 78% of the vote and securing a third term.
McNair does not mention race in any of the videos. Municipal candidates in nonpartisan elections are legally allowed to state their party affiliation, though it does not appear on the ballot.
Greggs argued the exchanges were “an affront to the nonpartisan structure of the election” and a breach of “equal representation.”
McNair did not respond to a request for comment on the dismissal. She previously told CityView she was aware of the complaint and “takes such matters very seriously,” but declined further comment during the review.
A Pattern of Dismissals—and Growing Scrutiny
The commission dismissed two complaints during its March 30 meeting—its eighth and ninth since 2020. All complaints submitted since 2020 have been dismissed, including four involving council members and three involving former Police Chief Gina Hawkins. The most recent prior case, a 2024 complaint against Council Member D.J. Haire, was also deemed groundless.
CityView does not yet know who the second complaint dismissed on March 30 was filed against. Under the commission’s rules, the identity of the accused remains confidential unless the complainant or the subject chooses to make the matter public.
The ethics commission conducts nearly all of its deliberations in closed‑door sessions, and its five members—appointed in April 2025—have faced criticism for the secrecy surrounding their work and for their unbroken record of dismissals. The city has previously denied CityView’s public‑records requests for audio recordings of closed sessions and for written explanations of dismissals.
Media law attorneys with the North Carolina Press Association have expressed skepticism about the city’s justification for withholding those records.
Greggs Turns to Attorney General
Greggs said she has formally petitioned the North Carolina Attorney General’s Office “to intervene in a matter of municipal accountability.” She cited the repeated dismissal of ethics complaints by the Fayetteville Ethics Commission.
“The City Board has shown it is unwilling to police its own,” Greggs said after the complaint was dismissed on March 30. “While the Board has dismissed these claims through procedural maneuvers, they cannot dismiss the law.”
She said she is pursuing a legal process that allows a resident to challenge whether a public official is legally entitled to hold office. Greggs alleged that McNair’s comments reflect “a policy of racial favoritism” and violate her constitutional oath.
“When an elected official admits on the record to a policy of racial favoritism by stating ‘I am for our people,’ they have abandoned their constitutional oath to serve the entire community,” Greggs said. “No local board has the authority to ignore or waive such a fundamental breach of the public trust.”
She added that such statements raise questions about whether an official has forfeited their right to hold office—the central issue in her appeal to state officials.
The Attorney General’s Office did not respond to a request for comment.
Government reporter Rachel Heimann Mercader can be reached at rheimann@cityviewnc.com or 910-988-8045.
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