Monday, March 19, 2012

DOT Ferry Hearing March 19, 2012

Do you know what a "Senior Public Involvement Officer" is? I tried to find out this evening on the NC DOT web site, to no avail.

Why do I want to know? Mr. Jamille A. Robbins, who chaired tonight's DOT public hearing on "NCDOT Proposed Temporary Rules Changes for Ferry Tolling" is one.

I was unsuccessful in finding a job description or explanation of Mr. Robbins' title.

But he must be powerfully influential. When the last questioner of the evening asked Mr. Robbins what DOT had done to carry out the governor's direction to seek economies within the DOT budget to equal the legislature's directed $5 million in revenue and then directed the question to the four DOT "suits" in the front row, Mr. Robbins explained they (the "suits") were present only as "observers" and couldn't speak. The four remained silent as Mr. Robbins attempted to explain the difficulties in figuring such things out while disgruntled attendees headed for the exits.

It reminded me of a mobile that a colonel of my acquaintance hung over his desk. The mobile consisted of a collection of fingers pointing in various directions, shifting with the wind. It looked something like this:


What was the hearing for? "To solicit comments regarding the request to amend, adopt or repeal portions of the NC Administrative Code per the temporary rules process."

What next? "Following the hearing and comment period, the NCDOT must adopt the proposed temporary rule change." In other words, nothing said tonight will have any effect whatsoever on the rule.

After the temporary rules are adopted, then the Rules Review Commission (RRC) will review the proposed changes. The RRC can either approve or object (not reject). If the RRC objects, NCDOT can either rewrite or not rewrite. If they do not rewrite and resubmit the rule, it will not become effective.

More importantly, if the RRC approves the rule, people opposing the rule may file an action for declaratory judgment in Wake County Superior Court.

I hope someone has started drafting such an action. Several of tonight's public comments included observations pertinent to a request for declaratory judgment, including an interesting account by Jim Barton of the legislative history of NC 306.

Representatives of other affected counties, including Beaufort, Craven and Hyde counties, provided very powerful inputs to the hearing.

A number of speakers pointed out that this ferry tax was enacted by Republican state legislators. The consensus seemed strong that Republican legislators had thrown Eastern North Carolina under the bus. The entire region east of I-95 knows what has happened and from what was said, they intend to remember that in November.

1 comment:

Al Herlands said...

How to save money at DOT/Ferry Division-- send four high paid Observers, who aren't allowed to answer questions, to Pamlico County for a hearing, four hotel rooms, four dinners, four breakfasts. What did that cost, and why isn't that just waste?