Courage, Mes Amis!

I've been watching the Republican Presidential debate. It is not a pleasant experience.

I can't believe the most reasonable voice on foreign policy in that party is Rand Paul.

Donald Trump just emphasized that immigrants must come here legally. I can't help noting that Donald Trump's immigrant grandfather [Drumpf] met all of the requirements to immigrate in 1885: 1) He proved he was not Chinese; 2) paid a $50 head tax.

I can't believe the hysteria over Syrian refugees. Why Syria? We've never had a terrorist act by a Syrian immigrant. Where have our terrorists come from? Most of them have been home grown white Christians (and a few Jews). But incidents involving immigrants seem to more frequently involve Saudis and Pakistanis than anyone else. As for "Radical Islamic Jihadism" (or whatever magical incantation Republicans want to use) the foundation of that movement is the radical fundamentalist form of Islam nurtured in the Wahabbi sect in Saudi Arabia, funded by the Saudi state. The other troubling source of terrorism has been Pakistan and the region just across the border in Afghanistan.

This group is mostly not rational.

They live in a fantasy world and have magical solutions to imaginary problems.

Heaven help us!

Living with risk and danger in a time of war

CAESAR

Cowards die many times before their deaths.

The valiant never taste of death but once.

Of all the wonders that I yet have heard,

It seems to me most strange that men should fear,

Seeing that death, a necessary end,

Will come when it will come.

 

---------

The Burdens Of History

"The past," William Faulkner once wrote, "isn't dead - it isn't even past."

Faulkner was writing in the context of his fictional world of Yoknapatawpha County, Mississippi, site of the struggle between the aristocratic Compsons and the low-class (dare we call them Red Necks?) Snopes family.

Henry Ford had a different attitude toward the past.

"History," he said,  "is more or less bunk. It's tradition. We don't want tradition. We want to live in the present and the only history that is worth a tinker's dam is the history we make today."

Benito Mussolini: Trump Look Alike

https://search.yahoo.com/yhs/search?p=benito+mussolini+clips&ei=UTF-8&hspart=mozilla&hsimp=yhs-001

Il Duce

Some commentators (e.g. Dana Milbank of the Washington Post) have recently compared Donald Trump to the founder of European Fascism, Benito Mussolini.

Those of us old enough to remember World War II newsreels, are struck by the resemblance of Trump's body language when addressing a crowd to that of Mussolini.

Here, for example, is a film from that era showing Mussilini's rise to power: https://search.yahoo.com/yhs/search?p=benito+mussolini+clips&ei=UTF-8&hspart=mozilla&hsimp=yhs-001

Note the resemblance between Trump's hair and Mussolini's helmet. Or, for that matter, note the similar visual effect of Trump's baseball cap to that of Mussolini's helmet.

Watch the movie of Mussolini's speech. Looks just like Trump's delivery.

https://search.yahoo.com/yhs/search?p=benito+mussolini+clips&ei=UTF-8&hspart=mozilla&hsimp=yhs-001

Amazing.

Oriental Town Board Meeting

Last night's Town Board meeting saw the swearing in of one new commissioner, Allen Price, and the swearing in of our new mayor, Sally Belangia. Sally becomes our first woman to be sworn in as mayor. She wields her gavel well, and has a voice of authority.

I wish our new additions well.

On Being Free

“Those who surrender freedom for security will not have, nor do they deserve, either one.”

― Benjamin Franklin

We'll Always Have Paris

From our village in southern Belgium to downtown Paris was about a three hour drive. About the same as from Oriental to Raleigh.

Two decades later, we lived in Paris and my office was in the Marais (third arrondisement). It was a  ten minute walk to Boulevard Beamarchais for lunch near some of last Friday's shootings.

It was pleasant to stroll around the streets, sharing Paris with a diverse populace of Parisians and visitors.

I take exception to the MSNBC reporter recently describing the events of last Friday 13th as having "devastated Paris."

Paris is not devastated.

Parisians are back at their outdoor cafes. They gather at Place de la Republique and hug each other. They lay flowers as a memorial to victims. Life goes on much as before.

Vive le France!

Yet we must not forget that the terrorists who attacked Paris were themselves French men and Belgians. Not Syrians. Not refugees.

The France that was so welcoming to African Americans like Josephine Baker and James Baldwin has not been so welcoming to Algerians and Moroccans. I have seen it with my own eyes.

May Day, 1960

May Day, 1960, CIA pilot (former Air Force officer) Francis Gary Powers, flying alone at more than 70,000 feet, was on his 27th U-2 mission, flying over Sverdlovsk in the Soviet Union. The CIA estimated the altitude of the U-2 was above the reach of any Soviet missile or aircraft. That estimate proved to be too optimistic, and Gary Powers was shot down on one of the biggest Soviet holidays.

Contrary to the CIA's expectations in such an event, Powers survived and was captured.

Stephen Spielberg captures much of the drama of that time in the Cold War in his new movie,Bridge of Spies, starring Tom Hanks. The main hero of the story is a New York lawyer who negotiated the eventual release of Powers. A second important character is the Soviet spy, Rudolf Abel, who was offered in exchange.

It is mostly a true story, with some embellishment for effect. Here is a useful comparison of the true events with the fictional movie version: http://www.historyvshollywood.com/reelfaces/bridge-of-spies/

Go see Bridge of Spies.

Oriental's Exciting Election And Casey Stengel's Lament

Early voting turnout for Tuesday's municipal election in Oriental has been below that of recent years. Only four voters showed up Saturday, the last day of early voting.

I voted last week. I found this year's election exciting for two reasons:

1. We have a woman candidate for mayor, who is unopposed and who will change the atmosphere at Town Board meetings for the better;

2.  We have two new candidates for Town Commissioner who have never served nor run for commissioner in the past, who bring a new perspective. They will also improve the board.

I did not vote for any incumbent. I cast three write in votes for citizens who have served in the past and can be counted on in the future.  I wish more candidates had filed.

Liz and I attended last Thursday's agenda meeting at Town Hall. Maybe it's because of the World Series, but the meeting called to mind Casey Stengel's lament about the brand new New York Mets: "Can't anybody here play this game?"

A few specifics:

1. Mayor Johnson informed the Board that, based on the documents on file at the Pamlico County Register of Deeds, it is impossible for anyone to walk to or from Town Dock 2 without going through the private property of Chris Fulcher or of the Toucan. None of the commissioners seemed interested, even though this means the Town Attorney did not do his job two years ago;

2. The Town's official binder of minutes of closed sessions of the Board is still missing. None of the commissioners seem interested;

3. The commissioners made a joke of the fact that one of the commissioners had never made a motion in nearly two years as a commissioner. Certainly there is no requirement for commissioners to make motions or even to second someone else's motion, but still....

4. There was much discussion of Midyette Street (traffic calming measures, speed limits, patrol schedules, tickets, etc.) with no awareness of what the Town had done in the past to amend ordinances and to experiment with solutions. After two years in office, this suggests a previous lack of interest in such issues.

5. The Board seems a bit unclear that the Town Attorney works for the Board and not the other way 'round. I suggested to the Board eight years ago that the Board needs to understand the attorney,s legal theory and approach to litigation in order to provide guidance to the Attorney - since it is the Town, not the attorney, who is a party to the case. Still dissatisfied after I was elected to the Board, I initiated the following discussion on July 31, 2008:

"Commissioner Cox then voiced his opinion that Scott Davis has not fulfilled his professional

responsibilities to this town and that he has made egregious errors in a number of ways and

should be replaced. Commissioner Inger concurred with some of Mr. Cox’s comments and added

that she is disappointed that we are not a priority to him. She also suggested that the Board

should be more specific and ask to see documentation when he says things off the top of his

head. She asked that Mr. Davis be informed of the Board’s concerns. Mayor Sage suggested that

Mr. Cutler check to see what other law firms are available."

So far as I know, in the intervening years, the Town Board has never evaluated the Town Attorney's performance, as the county board does every year. This should be done.

Vote Tuesday! 

Think twice about voting for any incumbent! 

Send a message! 

Is The Republican Turmoil In Congress The Final Failure Of Nixon's Southern Strategy?

I want to share a recent article by William Greider analyzing the Republican paralysis in the House of Representatives: GOP

I am not as optimistic as Greider that this represents a "final unraveling."  I do agree that the growing influence in the House of Republicans who have no interest in actually governing and solving problems is a reflection of the inherent tensions within the GOP created by the shotgun marriage between white supremacist former Democrats and Country Club Republicans.

Greider's take: "So what caused the current rebellion in the GOP ranks? It finally dawned on loyal foot soldiers in the odd-couple coalition that they were being taken for suckers. Their causes always seemed to get the short end of the stick. The GOP made multiple promises and fervent speeches on the social issues, but, for one reason or another, the party establishment always failed to deliver.

“We told people Obama was a dangerous socialist"…one Republican lobbyist explained,  "when really we knew he was a moderate. But they believed us.”

"This belated realization stirred the anger that has flared across the ranks of the followers — and not just in the South. The financial crisis, the bailout of the banks, and collapsing prosperity intensified their sense of betrayal. People began mobilizing their own rump-group politics to push back. The tea party protests were aimed at President Obama, of course, but they were also an assault on Republican leaders who had misled and used the party base for so long. Tea party revenge took down long-comfortable legislators and elected red-hot replacements who share the spirit of rebellion."

This started to come to a head in 2010 when Republicans elected 30 candidates to the House of Representatives who had never been elected to any office at any level of government.

The same thing happened at the state level. North Carolina is a case in point.

The General Assembly passed draconian changes to election law designed to suppress voting by African Americans and other minorities, to discourage young people from voting, and to make it harder for women to register and vote. (Women keep changing their last names. How do we know who they really are?) This all served as cover for equally draconian changes to the tax code to the benefit of wealthy North Carolinians and to the detriment of people who actually work for a living.

How long will it take for our local Tea Party types to figure out that they are being duped again?

October 6 Town Board Meeting

Last Tuesday evening, October 6, the Oriental Town Board held its regular monthly meeting. Attendance was better than normal, because of the controversy over Yoga classes in Town Hall and controversy over the offer to the Town of a five acre parcel adjacent to Camp Creek. Town Dock covered the meeting here.

I would only add to Town Dock's account that at one point in the proceedings, Town Manager Diane Miller reported the advice received by phone from the Town Attorney, Scott Davis. Davis advised as follows:

1.  The Town government should not accept the parcel as part of the subdivision,but rather require the developers to resubmit the plat to sever the five acres from the rest of the subdivision and to remove the parcel (described as a park/arboretum) from the wording of the development's restrictive covenants. Otherwise the Town could become involved in legal controversies between lot purchasers and the current owner/developer. This seems like prudent legal advice;

2.  If the Town accepts the parcel, it should do so as a separate parcel with no restrictions on it.

If recommendation (2) means what it seems to, it may go beyond legal advice and get into policy advice. It sounds a lot like "don't tie your hands."

I urge the Town, if it accepts the offer of the five acres to be used as a park and/or arboretum, to request the owners to make an offer of dedication to the public for that purpose, to be held in trust by the Town.

Oriental Town Government Incumbency Protection Program 1-3 Today

In about an hour, in spite of the rain, what the small, uninformative banner at top of the front page of the Pamlico News describes as "Old Fashioned Meet and Greet Scheduled for Saturday, October 10th, 1-3 pm at the Oriental Marina" will begin. There will be no candidate forum as in the past, where candidates for elective office have answered detailed, sometimes challenging questions from attendees. Voters usually learned a lot about candidates at these forums.

When I was a candidate, the forum was organized by Pamlico News Editor Tony Tharp, assisted by Town Dock. It was a good experience.

Today's "Meet and Greet" appears to be sponsored by Pamlico News, though this has not been spelled out. There has been little or no advertising. Pamlico News did not even inform all of the candidates of the event, pleading inability to find the candidate's phone number, which is on public record at the County Board of Elections.

A newspaper can't find a publicly available phone number?

The newspaper is, of course, owned by one of the incumbents, though that surely has no bearing on the matter.

I miss Tony Tharp and wish him and his family the best.

Sea Level Rise: No, Al Gore Didn't Invent It, It isn't A Hoax, And Now We Can Visualize It

Thank goodness, the water has gone down. This morning the water level at Oriental is a bit more than 10 inches above normal.

If you want to visualize what will be the normal water level in twenty-five years, just go down to Hodges Street at Town Dock 1 and take a look. If you want to know what the normal water level will be by the end of the century, we saw that here in Oriental last week when the water level reached its peak. That is the future normal.

Four years ago, our state legislature passed a law prohibiting sea level rise. More importantly, they prohibited government agencies at any level from planning for a sea level rise of more than 19 inches. Bad idea.

Last year, a draft state government study of projected sea level rise for the next thirty years was published. It has smaller numbers than the earlier study projecting sea level rise by the end of the century. But for government planning, thirty years is a very short time frame.

South Avenue: An Odor Of Mendacity

For the past two years, Town Board members have complained about my suit against the Town, asserting that I should have talked to them instead of filing suit. I was taken aback.

The record shows that as early as January, 2012, soon after the public became aware of the so-called "land swap" proposal that I questioned the Town's legal authority to do what they wanted to do. I expressed my concerns in writing and in face to face conversations with the Town manager and the mayor. I urged the mayor and the Board to ask the NC Attorney General for an advisory opinion. Or, alternatively, that the Town ask the School of Government for an opinion. The mayor refused.

In May through July of 2012, at public comment periods during Town Board meetings, a number of attorneys residing in Oriental spoke, all in opposition to the proposal. At the public hearing on closing Avenue A and South Avenue, Town Attorney Scott Davis admitted that no case law told the Town how to proceed.

For the past three years, I have been trying to obtain records of the closed sessions between the Town Board and the Town Attorney concerning my law suits. The official binder of closed session minutes has now disappeared. The Town has cobbled together some records that may or may not correspond to the missing ones.

What is NOT in those records is as interesting as what is.

One interesting record is for the closed session of March 3 of this year:

http://www.townoforiental.com/vertical/sites/%7B8227B748-6F08-4124-B0ED-02789B9A2F82%7D/uploads/030315_Minutes_with_addendum_and_notation.pdf

In case the Board was confused about my purpose, my letter of last January 26 should have cleared it up:

January 26, 2015

From: David Cox

To: Commissioners, Town of Oriental

Subj: South Avenue

Dear Commissioner:

As you are aware, I have filed an appeal of the Superior Court’s recent orders dismissing my challenge of the Board’s decision to close South Avenue.

I am writing to explain my appeal, to assess the current status and potential future paths for my challenge, and to describe a proposal I am submitting to the Town’s attorneys.

First, I must explain that my challenge to the Board’s closure of South Avenue is not identical to my challenge of Avenue A. If it were identical, I would not pursue the South Avenue challenge after the Court of Appeals decision in Avenue A, and I certainly would not appeal the case to the same court which upheld dismissal of the Avenue A case.

The difference between the two cases is that in Avenue A I complained of infringements on “public rights,” while in South Avenue I also complain of infringements on my private property rights. To understand the importance of this difference, it is helpful to look closely at what the Court of Appeals decided in Avenue A and what it did not decide.

The Court of Appeals limited its decision to determining whether my complaint and arguments qualified me as “a person aggrieved” as that term is used in the appeal provision of the street closure statute.

My basic argument in the Avenue A case was that I was a “person aggrieved” because:

1) the closure of Avenue A infringed on the rights of the public to use the public right of way;

2) I am a member of the public; and

3) I am “aggrieved” in the dictionary meaning of the term (“discontented”) with the closure.

The Court of Appeals did not accept this argument. Instead, the Court borrowed from cases defining the term “aggrieved parties” in zoning cases to decide that “any person aggrieved” in the street closure statute means:

“one who can either show an interest in the property affected, or if the party is a nearby property owner, some special damage, distinct from the rest of the community, amounting to a reduction in the value of his property.”

As the Court noted, I did not allege in my Avenue A complaint that the closure of that street caused any personal injury to my private property rights or damage my property value, but instead alleged only violations of “broad, public rights.” Given the Court’s definition of the term, it found that my “public rights” complaints did not qualify me as a “person aggrieved” under the statute.

The Court did not decide whether the Town’s deal with Mr. Fulcher and the closing of Avenue A pursuant to that deal was a lawful exercise of the Town’s legal authority.

The Court did not adopt the Town’s arguments that only abutting property owners may challenge street closures. If the Court believed that, it would have defined “person aggrieved” as including only persons owning property abutting the closed street.

The only thing the Court of Appeals determined was that because I had not included in my complaint any allegations that I had suffered personal injury to any private property interests of my own, I did not qualify as a “person aggrieved” within the meaning of the statute appeal provision of the statute.

The Court went out of its way to note (twice) that it was not ruling on my separate challenge to the South Avenue closure. In addition, the Court made it clear that if I did include allegations and arguments showing personal injury to my own private property interests in the South Avenue challenge I could qualify as a “person aggrieved” with standing to pursue that separate challenge.

Because I have alleged the South Avenue closure caused injury to my private property interests, and because I am arguing in this case, based on a long line of North Carolina Court of Appeals and Supreme Court decisions, that my property interests include a private property right in the South Avenue right of way, my South Avenue challenge satisfies the elements the Court of Appeals found lacking in the Avenue A challenge.

Unfortunately the Superior Court ignored the central ruling of the Court of Appeals’ Avenue A decision and the fact that my South Avenue challenge includes the elements required to show I am a “person aggrieved” with standing to appeal the South Avenue closure. This is unfortunate because it will now require an appeal to the Court of Appeals before the case can proceed to the next steps.

Keep in mind that the question before the courts right now is not whether the town acted within its authority in closing South Avenue. The question at this point is simply whether I am a person who can ask the courts to determine whether the town acted within its authority. I am confident that the Court of Appeals will find that my South Avenue complaint meets the requirements that Court set out in its Avenue A decision for establishing the right to have the courts review the closure.

While I believe that upon review of the Board’s closure vote, the courts will find that the Board did not comply with the statutory requirements for closing a street, at this point the issue under appeal is my right to have a court review whether the closure complied with the statute, and not the “merits” of whether it did comply with the statute.

That said, I am increasingly dismayed at the amount of taxpayer money which is being invested in delaying a trial on the merits of my challenge.

Though I would prefer that South Avenue be returned to its status as a street because I believe it is a superior open space and water access point compared with the “net-house” property, I do wish to present the Board with a proposal to end further legal proceedings.

I am therefore separately forwarding to the Town’s attorneys a proposal which would satisfy my most serious concerns about the Town’s deal with Mr. Fulcher, and also allow the Town to use the new property as a “replacement” public space and water access park.

My proposal would permit the kinds of plans the Board has been considering for the property, including attendant buildings and service potential. It would require that promises which the Board has already made about the property, but which have not yet been put into effect, be fulfilled.

In order to help you understand why I continue to challenge the South Avenue closure, and the purpose of some elements of my settlement proposal, here is an abridged version of what I will argue to the Court of Appeals if we are unable to reach a settlement.

My Private Property Rights in South Avenue

The Town’s attorneys have argued to the courts that the Town has a right to close public rights of way. I agree that a town may close a public right of way, if, and only if, the requirements of the closure statute are met. Obviously I do not agree that the statutory requirements were met in the closures of either Avenue A or South Avenue, or I would not have brought legal proceedings seeking to reverse those closures.

As explained above, the question I am currently appealing is only whether I have a right to ask the courts to determine whether the closure complied with the statute.

The Court of Appeals ruled in the Avenue A case that to establish my right to seek such a determination, I must complain that the closure injures my personal property interests.

Unlike my Avenue A complaint, my South Avenue challenge alleges that the closure injures my personal property interests. That complaint is supported by innumerable North Carolina court decisions over the course of more than 100 years which establish:

“It is a settled principle that if the owner of land, located within or without a city or town, has it subdivided and platted into lots and streets, and sells and conveys [any of] the lots … with reference to the plat… he thereby dedicates the streets, and all of them, to the use of the purchasers, and those claiming under them, and of the public.”

“Purchasers of [such subdivision] lots … acquire vested rights to have all and each of the streets shown on the map kept open.”

“To have deprived those who purchased lots with reference to the original map, and those claiming under them, of appurtenant rights in and to the streets, for the purpose of vesting such rights in another merely for private use would run counter to provisions of the Constitution of North Carolina, Art. I, Sec. 17, and to the 14^th Amendment to the Constitution of the United States.”

Town of Blowing Rock v. Gregorie, 243 NC 366 (1956)(emph. added)

The “vested right” in subdivision streets acquired by subdivision lot purchasers are usually described as an “easement appurtenant” – this means property interest is an “easement” which is “appurtenant” (attached) to the purchased lot. The right not only belongs to the original lot purchaser – it is passed as part of the lot to subsequent heirs or purchasers of that lot.

While the above quotes from the Gregorie case describe these rights as arising when a subdividing landowner sells lots with reference to a plat, the same rights arise when such a landowner sells lots bordering on streets which are actually laid out and marked on the ground, or by reference to a map of streets adopted as an official town map. The principle is the same – when the landowner sells the lots according to a plan of streets, the right to use the planned streets is an inducement to purchase the lot, and is part of the value for which the lot purchaser pays.

The courts have also recognized that these rights to all of the planned streets arise when multiple landowners sell lots out of their respective lands according to a common street plan. A purchaser of a lot from one landowner’s property obtains rights in the planned streets which cross the other landowners’ properties if both landowners are selling according to the same street plan.

This is what happened in Oriental in 1899. All of the owners of properties within the original town sold lots according to a plan of streets laid out and marked on the ground, and later surveyed and mapped by the Town. Oriental’s founding landowners agreed in concert to develop their properties according to this common plan. Because all of Oriental’s founding landowners cooperated in selling lots according to that plan, all lot purchasers obtained appurtenant easements in all of the planned streets, including the portion of South Avenue leading to Raccoon Creek.

Mr. Clark Wright, representing the Town, acknowledged to the Superior Court that subdivision purchasers obtain such rights. Mr. Wright, however, asserted that these rights simply do not apply when a town closes a street, and that I therefore do not have standing to challenge the closure. I believe Mr. Wright is incorrect and his assertion is not supported by case law.

As for the merits of the case, should we ever reach that point, in certain limited circumstances a town may close a street even though the closure interferes with private appurtenant easements. Otherwise there would be no purpose to the street closure statute. For example, in the 1965 case of Wofford v. NC State Highway Commission, the North Carolina Supreme Court recognized a narrow “public interest” exception to “takings” claims, based on legitimate exercise of the state’s police powers.

This narrow “public interest” exception is the source of the “public interest” language in the street closure statute. As Professor David Lawrence points out, the purpose of the statute is to prohibit towns from closing streets if such closures would give rise to compensable takings in violation of the U.S. and North Carolina Constitutions.

You may disagree with my position that the closure of South Avenue was not within the “public interest” exception allowed by the closure statute. It may be that the courts ultimately disagree with me on that question. But that question is not related to whether I have standing to have a court determine the matter.

The purpose of the appeal provision of the closure statute is to allow a court to review whether the closure complies with the provisions of the closure statute, including the “public interest” provision. The Court of Appeals’ Avenue A decision held that the question of whether or not I have standing is determined by whether or not I have claimed a property interest in the “affected property” or damage to my property value that is different from the rest of the community, not whether the Town has the right to close a street despite such property interest or damage.

It is very clear under North Carolina case law that I own a vested private property interest in the South Avenue right of way as a subdivision lot owner. The elimination of that right of way necessarily reduces the value of my property interest, particularly considering the water access rights included in that right of way. This meets the Court of Appeals’ definition of a “person aggrieved” with standing to bring an appeal of the street closure.

In a series of protracted court battles, subdivision owners with private appurtenant easement rights in the public streets of the Town of Oak Island successfully challenged that town’s attempts to misuse subdivision water-front street ends for non-street purposes (construction of parks), and I believe the Court of Appeals will apply the same reasoning and hold that I have standing to challenge Oriental’s closure of South Avenue.

Whether the Town acted lawfully in closing the street pursuant to its deal with Mr. Fulcher will then be directly before the courts.

Because the Town closed the street in order to benefit Mr. Fulcher and to acquire valuable real property which the Town may at any time close off to the public, or lease or sell to private interests in order to raise revenue, I believe the closure constitutes an unlawful taking of my Constitutionally-protected property rights without due process and compensation.

While I could seek compensation for that taking in inverse condemnation proceedings, I instead prefer to have South Avenue continue to be available, which is why I have sought a reversal of the Board’s closure vote.

My Proposal for Settlement of Litigation

The agreement between the Town and Mr. Fulcher stated that after the closure of South Avenue, Mr. Fulcher would “rededicate” a portion of South Avenue leading to the new property acquired by the Town. So far as I can tell, this has not been done. The deed transferring the new property to the Town describes the entire parcel as a fee simple conveyance to the Town.

The Board unanimously adopted a resolution declaring its intent “that any property obtained by the Town of [Oriental on] Raccoon Creek, as a direct or indirect consequence of closing the right of way on South Avenue, will be dedicated as a public park, with public Water Access on Raccoon Creek.” No such dedication has occurred.

If the new property is properly dedicated to the public (and accepted on behalf of the public by the Town), and as an easement appurtenant to all of the properties within the original borders of the town, I would consider it an adequate replacement of the South Avenue right of way, and would be willing to forego further legal proceedings on the matter.

I will be forwarding a more detailed proposal for settlement to the Town's attorneys. My proposal will allow the Town to continue its current plans for the property, and effectuate promises already made by the Board, while ensuring an enforceable right of future generations to use the property as a public access point to public trust waters.

David R. Cox

Cc: The Honorable Bill Sage, Mayor

****************************

Before that, I have a long history of concern about South Avenue. 

Here is what I wrote about it in 2009.

Some Thoughts On VW And Corporate Cheating

Recent news reports on VW test cheating have stirred up the usual defense of the miscreants. The problem is the regulation. No one was really hurt.

Balderdash!

And it is quite clear that this was no innocent mistake.

I want to share the attached thoughtful article on what should be done.

Are corporations really people?

North Carolina 2016 Primary Election March 15, 2016

The state legislature has established March 15, 2016 as the date for the presidential primary and for all other primaries for that election year. One effect of the changed primary date is that all candidates for federal, state and local office must file notice of candidacy in December of this year. Filing will start December 1, 2015 and end December 24, 2015.

If a second or runoff primary is needed, that runoff will be held either May 24, 2016 (if there is a runoff for US Senate or House of Representatives) or on May 3, 2016.

For this election only, a candidate is allowed to file for a party primary if he has been registered in that party for only 75 days instead of the 90 days otherwise required by statute.

The bill (House Bill 373) making these changes is attached below:

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
HOUSE BILL 373
RATIFIED BILL
*H373-v-2*
AN ACT TO ESTABLISH PROCEDURES FOR THE CONDUCT OF THE 2016 PRIMARIES, INCLUDING THE PRESIDENTIAL PREFERENCE PRIMARY, AND TO MAKE CHANGES TO THE CAMPAIGN FINANCE LAWS.
The General Assembly of North Carolina enacts:
SECTION 1.(a) Conduct of 2016 Presidential Preference Primary Election. – Notwithstanding Article 18A of Chapter 163 of the General Statutes, the 2016 presidential preference primary election shall be conducted as provided in this act.
SECTION 1.(b) Primary Date. – On March 15, 2016, the voters of this State shall be given an opportunity to express the voters' preference for the person to be the presidential candidate of the voters' political party.
SECTION 1.(c) Qualifications and Registration of Voters. – Any person otherwise qualified who will become qualified by age to vote in the general election held in 2016 shall be entitled to register and vote in the 2016 presidential preference primary. Such persons may register not earlier than 60 days nor later than the last day for making application to register under G.S. 163-82.6 prior to the said primary. In addition, persons who will become qualified by age to register and vote in the 2016 general election who do not register during the special period may register to vote after such period as if the person was qualified on the basis of age, but until the person is qualified by age to vote, the person may vote only in primary elections.
SECTION 1.(d) Conduct of Election. – The 2016 presidential preference primary election shall be conducted and canvassed by the same authority and in the manner provided by law for the conduct and canvassing of the primary election for the office of Governor and all other offices enumerated in G.S. 163-182.4(b) and under the same provisions stipulated in G.S. 163-182.5(c). The State Board of Elections shall have authority to adopt rules and regulations, not inconsistent with provisions contained herein, pursuant to the administration of this act.
SECTION 1.(e) Nomination of Presidential Candidates by State Board of Elections. – No later than December 16, 2015, the chair of each political party shall submit to the State Board of Elections a list of its presidential candidates to be placed on the 2016 presidential preference primary ballot. The list must be comprised of candidates whose candidacy is generally advocated and recognized in the news media throughout the United States or in North Carolina, unless any such candidate executes and files with the chair of the political party an affidavit stating without qualification that the candidate is not and does not intend to become a candidate for nomination in the 2016 North Carolina presidential preference primary election. The State Board of Elections shall prepare and publish a list of the names of the presidential candidates submitted. The State Board of Elections shall convene in Raleigh on January 5, 2016. At the meeting required by this section, the State Board of Elections shall nominate as presidential primary candidates all candidates affiliated with a political party, recognized pursuant to the provisions of Article 9 of Chapter 163 of the General Statutes, who have been submitted to the State Board of Elections. Additionally, the State Board of Elections, by vote of at least three of its members in the affirmative, may nominate as a presidential primary candidate any other person affiliated with a political party that it finds is generally advocated and recognized in the news media throughout the United States or in North Carolina as candidates for the nomination by that party. Immediately upon completion of these requirements, the Board shall release to the news media all such nominees selected. Provided, however, nothing shall prohibit the partial selection of nominees prior to the meeting required by this section, if all provisions herein have been complied with.
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SECTION 1.(f) Nomination of Presidential Candidates by Petition. – Any person seeking the endorsement by the national political party for the office of President of the United States in 2016, or any group organized in this State on behalf of, and with the consent of, such person, may file with the State Board of Elections petitions signed by 10,000 persons who, at the time of the signing, are registered and qualified voters in this State and are affiliated, by such registration, with the same political party as the candidate for whom the petitions are filed. Such petitions shall be presented to the county board of elections 10 days before the filing deadline and shall be certified promptly by the chair of the board of elections of the county in which the signatures were obtained and shall be filed by the petitioners with the State Board of Elections no later than 5:00 P.M. on January 4, 2016.
The petitions must state the name of the candidate for nomination, along with a letter of approval signed by such candidate. Said petitions must also state the name and address of the chair of any such group organized to circulate petitions authorized under this section. The requirements of G.S. 163-221 prohibiting signing the name of another to a petition shall apply to any submitted petition. The requirement of the respective chair of county boards of elections shall be the same as now required under the provisions of G.S. 163-96 as those requirements relate to the chair of the county board of elections.
The State Board of Elections shall forthwith determine the sufficiency of petitions filed with it and shall immediately communicate its determination to the chair of such group organized to circulate petitions. The form and style of petition shall be as prescribed by the State Board of Elections.
SECTION 1.(g) Notification to Candidates. – The State Board of Elections shall forthwith contact each person who has been nominated by the Board or by petition and notify the candidate in writing that the candidate's name will be printed as a candidate of a specified political party on the 2016 North Carolina presidential preference primary ballot. A candidate who participates in the 2016 North Carolina presidential preference primary of a particular party shall have the candidate's name placed on the general election ballot only as a nominee of that political party. The State Board of Elections shall send a copy of this act to each candidate with the notice specified above.
SECTION 1.(h) Voting in Presidential Preference Primary. – The names of all candidates in the 2016 presidential preference primary shall appear at an appropriate place on the ballot or voting machine. In addition, the State Board of Elections shall provide a category on the ballot or voting machine allowing voters in each political party to vote an "uncommitted" or "no preference" status. The voter shall be able to cast the voter's ballot for one of the presidential candidates of a political party or for an "uncommitted" or "no preference" status but shall not be permitted to vote for candidates or "uncommitted" status of a political party different from the voter's registration. Persons registered as "Unaffiliated" shall not participate in the presidential primary except as provided in G.S. 163-119.
SECTION 1.(i) Allocation of Delegate Positions. – Upon completion and certification of the primary results by the State Board of Elections, the Secretary of State shall certify the results of the 2016 presidential preference primary to the State chair of each political party. The candidate receiving the highest number of votes in the presidential preference primary of each party shall be nominated. Each political party shall require the delegate positions appointed by that party to support the candidate certified as receiving the highest number of votes until one convention nominating ballot has been taken at the 2016 national party convention, unless that candidate has withdrawn from the race and has ceased to actively seek election to the office of President of the United States in more than one state at the time the first convention nominating ballot is taken at the 2016 national party convention.
SECTION 1.(j) Conflict With National Rules. – In case of conflict between the requirements of subsection (i) of this section and the national rules of a political party, the State executive committee of that party has the authority to resolve the conflict by adopting for that party the national rules, which shall then supersede any provision in subsection (i) of this section with which it conflicts, provided that the executive committee shall take only such action under this section necessary to resolve the conflict.
SECTION 1.(k) Notification of National Committee. – It shall be the responsibility of the State chair of each political party, qualified under the laws of this State, to notify his or her party's national committee no later than December 10, 2015, of the provisions contained under this act.
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SECTION 2.(a) General Primary Date. – Notwithstanding G.S. 163-1(b), the primary election in 2016 shall be conducted on the same date as the 2016 presidential preference primary, as established by subsection (b) of Section 1 of this act.
SECTION 2.(b) Filing Period. – Notwithstanding G.S. 163-106, the filing period for the 2016 primary shall open at 12:00 noon on Tuesday, December 1, 2015, and close at 12:00 noon on Monday, December 21, 2015.
SECTION 2.(c) Eligibility to File. – Notwithstanding G.S. 163-106, no person shall be permitted to file as a candidate in a party primary unless that person has been affiliated with that party for at least 75 days as of the date of that person filing such notice of candidacy. A person registered as "Unaffiliated" shall be ineligible to file as a candidate in a party primary election.
SECTION 2.(d) Second Primaries. – Notwithstanding G.S. 163-111(e), if a second primary is required under G.S. 163-111, the appropriate board of elections, State or county, shall order that it be held May 24, 2016, if any of the offices for which a second primary is required are for a candidate for the office of United States Senate or member of the United States House of Representatives. Otherwise, the second primary shall be held May 3, 2016.
There shall be no registration of voters between the dates of the first and second primaries. Persons whose qualifications to register and vote mature after the day of the first primary and before the day of the second primary may register on the day of the second primary and, when thus registered, shall be entitled to vote in the second primary. The second primary is a continuation of the first primary and any voter who files a proper and timely written affirmation of change of address within the county under the provisions of G.S. 163-82.15, in the first primary may vote in the second primary without having to refile that written affirmation if the voter is otherwise qualified to vote in the second primary. Subject to this provision for registration, the second primary shall be held under the laws, rules, and regulations provided for the first primary.
SECTION 2.(e) Special Elections. – Any special election authorized by statute or local act that is set for May 2016 shall be placed on the ballot at the time of the presidential preference primary, as established by subsection (b) of Section 1 of this act, unless the unit of government calling the special election affirmatively changes the date for the special election to another date in accordance with G.S. 163-287.
SECTION 2.(f) Statement of Economic Interest. – Notwithstanding G.S. 138A-22, the statement of economic interest required of any candidate for elective office subject to Article 2 of Chapter 138A of the General Statutes shall be filed with the State Ethics Commission on or before February 1, 2016.
SECTION 2.(g) Campaign Finance Reports. – Notwithstanding Article 22A of Chapter 163 of the General Statutes, the following changes shall be made to the required campaign finance reports:
(1) The report for the first quarter shall be due Monday, March 7, 2016, and shall cover the period through February 29, 2016.
(2) The report for the second quarter shall also cover March 2016.
SECTION 2.(h) Temporary Orders. – In order to accommodate the scheduling of the 2016 primary before the Tuesday after the first Monday in May, the State Board of Elections may issue temporary orders that may change, modify, delete, amend, or add to any statute contained in Chapter 163 of the General Statutes, any rules contained in Title 8 of the North Carolina Administrative Code, or any other election regulation or guideline that may affect the 2016 primary elections. These temporary orders shall only be effective for the 2016 primary elections.
SECTION 2.(i) Orders, Not Rules. – Orders issued under this section are not rules subject to the provisions of Chapter 150B of the General Statutes. Orders issued under this section shall be published in the North Carolina Register upon issuance.
SECTION 2.(j) Expiration of Orders. – Any orders issued under this section become void 10 days after the final certification of all 2016 primary elections. This section expires 10 days after the final certification of all 2016 primary elections.
SECTION 2.(k) Definition. – As used in this section, "order" also includes guidelines and directives.
SECTION 3.(a) Article 22A of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163-278.8B. Affiliated party committees.
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(a) The leader of each political party caucus of the North Carolina House of Representatives and the Senate may establish a separate, affiliated party committee to support the election of candidates of that leader's political party. The affiliated party committee is deemed a political party for purposes of this Article.
(b) Each affiliated party committee shall:
(1) Adopt bylaws to include, at a minimum, the designation of a treasurer.
(2) Conduct campaigns for candidates who are members of the leader's political party or manage daily operations of the affiliated party committee.
(3) Establish a bank account.
(4) Raise and expend funds. Such funds may not be expended or committed to be expended except when authorized by the leader of the affiliated party committee.
(c) Notwithstanding any other provision of law to the contrary, an affiliated party committee shall be entitled to use the name, abbreviation, and symbol of the political party of its leader.
(d) For purposes of this section, the term "leader" shall mean the currently elected President Pro Tempore of the Senate, the currently elected Speaker of the House of Representatives, or the currently elected minority leader of either house of the General Assembly, until another person is designated by a political party caucus of members of either house to succeed to one of the aforesaid positions, at which time the newly designated designee becomes the leader for purposes of this section."
SECTION 3.(b) G.S. 163-278.6 reads as rewritten:
"§ 163-278.6. Definitions.
When used in this Article:
…
(6) The terms "contribute" or "contribution" mean any advance, conveyance, deposit, distribution, transfer of funds, loan, payment, gift, pledge or subscription of money or anything of value whatsoever, made to, or in coordination with, a candidate to support or oppose the nomination or election of one or more clearly identified candidates, to a political committee, to a political party, to an affiliated party committee, or to a referendum committee, whether or not made in an election year, and any contract, agreement, or other obligation to make a contribution. An expenditure forgiven by a person or entity to whom it is owed shall be reported as a contribution from that person or entity. These terms include, without limitation, such contributions as labor or personal services, postage, publication of campaign literature or materials, in-kind transfers, loans or use of any supplies, office machinery, vehicles, aircraft, office space, or similar or related services, goods, or personal or real property. These terms also include, without limitation, the proceeds of sale of services, campaign literature and materials, wearing apparel, tickets or admission prices to campaign events such as rallies or dinners, and the proceeds of sale of any campaign-related services or goods. Notwithstanding the foregoing meanings of "contribution," the word shall not be construed to include services provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate, political committee, or referendum committee. The term "contribution" does not include an "independent expenditure." If:
a. Any individual, person, committee, association, or any other organization or group of individuals, including but not limited to, a political organization (as defined in section 527(e)(1) of the Internal Revenue Code of 1986) makes, or contracts to make, any disbursement for any electioneering communication, as defined in this section; and
b. That disbursement is coordinated with a candidate, an authorized political committee of that candidate, a State or local political party or committee of that party, an affiliated party committee, or an agent or official of any such candidate, party, or committee
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that disbursement or contracting shall be treated as a contribution to the candidate supported by the electioneering communication or that candidate's party and as an expenditure by that candidate or that candidate's party.
…
(8k) The term "electioneering communication" does not include any of the following:
a. A communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, unless those facilities are owned or controlled by any political party, affiliated party committee, political committee, or candidate.
b. A communication that constitutes an expenditure or independent expenditure under this Article.
c. A communication that constitutes a candidate debate or forum conducted pursuant to rules adopted by the Board or that solely promotes that debate or forum and is made by or on behalf of the person sponsoring the debate or forum.
d. A communication made while the General Assembly is in session which, incidental to advocacy for or against a specific piece of legislation pending before the General Assembly, urges the audience to communicate with a member or members of the General Assembly concerning that piece of legislation or a solicitation of others as defined in G.S. 120C-100(a)(13) properly reported under Chapter 120C of the General Statutes.
e. A communication that meets all of the following criteria:
1. Does not mention any election, candidacy, political party, opposing candidate, or voting by the general public.
2. Does not take a position on the candidate's character or qualifications and fitness for office.
3. Proposes a commercial transaction.
f. A public opinion poll conducted by a news medium, as defined in G.S. 8-53.11(a)(3), conducted by an organization whose primary purpose is to conduct or publish public opinion polls, or contracted for by a person to be conducted by an organization whose primary purpose is to conduct or publish public opinion polls. This sub-subdivision shall not apply to a push poll. For the purpose of this sub-subdivision, "push poll" shall mean the political campaign technique in which an individual or organization attempts to influence or alter the view of respondents under the guise of conducting a public opinion poll.
g. A communication made by a news medium, as defined in G.S. 8-53.11(a)(3), if the communication is in print.
…
(14) The term "political committee" means a combination of two or more individuals, such as any person, committee, association, organization, or other entity that makes, or accepts anything of value to make, contributions or expenditures and has one or more of the following characteristics:
a. Is controlled by a candidate;
b. Is a political party or executive committee of a political party or is controlled by a political party or executive committee of a political party;
c. Is created by a corporation, business entity, insurance company, labor union, or professional association pursuant to G.S. 163-278.19(b); or
d. Has the major purpose to support or oppose the nomination or election of one or more clearly identified candidates.
e. Is an affiliated party committee.
Supporting or opposing the election of clearly identified candidates includes supporting or opposing the candidates of a clearly identified political party. If the entity qualifies as a "political committee" under sub-subdivision a., b., c., or d. of this subdivision, it continues to be a political committee if it
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receives contributions or makes expenditures or maintains assets or liabilities. A political committee ceases to exist when it winds up its operations, disposes of its assets, and files its final report.
The term "political committee" includes the campaign of a candidate who serves as his or her own treasurer.
Special definitions of "political action committee" and "candidate campaign committee" that apply only in Part 1A of this Article are set forth in G.S. 163-278.38Z.
(15) The term "political party" means any political party organized or operating in this State, whether or not that party is recognized under the provisions of G.S. 163-96. A special definition of "political party organization" that applies only in Part 1A of this Article is set forth in G.S. 163-278.38Z. An affiliated party committee is deemed a political party for this Article as set forth in G.S. 163-278.8B.
...."
SECTION 3.(c) G.S. 163-278.7(b) reads as rewritten:
"(b) Each appointed treasurer shall file with the Board at the time required by G.S. 163-278.9(a)(1) a statement of organization that includes:
(1) The Name, Address and Purpose of the Candidate, Political Committee, or Referendum Committee. – When the political committee or referendum committee is created pursuant to G.S. 163-278.19(b), the name shall be or include the name of the corporation, insurance company, business entity, labor union or professional association whose officials, employees, or members established the committee. When the political committee or referendum committee is not created pursuant to G.S. 163-278.19(b), the name shall be or include the economic interest, if identifiable, principally represented by the committee's organizers or intended to be advanced by use of the committee's receipts.
(2) The names, addresses, and relationships of affiliated or connected candidates, political committees, referendum committees, political parties, affiliated party committees, or similar organizations;
(3) The territorial area, scope, or jurisdiction of the candidate, political committee, or referendum committee;
(4) The name, address, and position with the candidate or political committee of the custodian of books and accounts;
(5) The name and party affiliation of the candidate(s) whom the committee is supporting or opposing, and the office(s) involved;
(5a) The name of the referendum(s) which the referendum committee is supporting or opposing, and whether the committee is supporting or opposing the referendum;
(6) The name of the political committee orcommittee, political party or affiliated party committee being supported or opposed if the committee is supporting the ticket of a particular political candidate or political party;
(7) A listing of all banks, safety deposit boxes, or other depositories used, including the names and numbers of all accounts maintained and the numbers of all such safety deposit boxes used, provided that the Board shall keep any account number included in any report filed after March 1, 2003, and required by this Article confidential except as necessary to conduct an audit or investigation, except as required by a court of competent jurisdiction, or unless confidentiality is waived by the treasurer. Disclosure of an account number in violation of this subdivision shall not give rise to a civil cause of action. This limitation of liability does not apply to the disclosure of account numbers in violation of this subdivision as a result of gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable.
(8) The name or names and address or addresses of any assistant treasurers appointed by the treasurer. Such assistant treasurers shall be authorized to act in the name of the candidate, political committee, or referendum committee and shall be fully responsible for any act or acts committed by the
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assistant treasurer. The treasurer shall be fully liable for any violation of this Article committed by any assistant treasurer; and
(9) Any other information which might be requested by the Board that deals with the campaign organization of the candidate or referendum committee."
SECTION 3.(d) G.S. 163-278.8A reads as rewritten:
"§ 163-278.8A. (For effective date and applicability, see Editor's note) Campaign sales by political party executive committees.
(a) Exempt Purchase Price Not Treated as "Contribution." – Notwithstanding the provisions of G.S. 163-278.6(6), the purchase price of goods or services sold by a political party executive committee or affiliated party committee as provided in subsection (b) of this section shall not be treated as a "contribution" for purposes of account-keeping under G.S. 163-278.8, for purposes of the reporting of contributions under G.S. 163-278.11, or for the purpose of the limit on contributions under G.S. 163-278.13. The treasurer is not required to obtain, maintain, or report the name or other identifying information of the purchaser of the goods or services, as long as the requirements of subsection (b) of this section are satisfied. However, the proceeds from the sales of those goods and services shall be treated as contributions for other purposes, and expenditures of those proceeds shall be reported as expenditures under this Article.
(b) Exempt Purchase Price. – A purchase price for goods or services sold by a political party executive committee or affiliated party committee qualifies for the exemption provided in subsection (a) of this section as long as the sale of the goods or services adheres to a plan that the treasurer has submitted to and that has been approved in writing by the Executive Director of the State Board of Elections. The Executive Director shall approve the treasurer's plan upon and only upon finding that all the following requirements are satisfied:
(1) That the price to be charged for the goods or services is reasonably close to the market price for the goods or services.
(2) That the total amount to be raised from sales under all plans by the committee does not exceed ten thousand dollars ($10,000) per election cycle.
(3) That no purchaser makes total purchases under the plan that exceed fifty dollars ($50.00).
(4) That the treasurer include in the report under G.S. 163-278.11, covering the relevant time period, all of the following:
a. A description of the plan.
b. The amount raised from sales under the plan.
c. The number of purchases made.
(5) That the treasurer shall include in the appropriate report under G.S. 163-278.11 any in-kind contribution made to the political party executive committee in providing the goods or services sold under the plan and that no in-kind contribution accepted as part of the plan violates any provision of this Article.
The Executive Director may require a format for submission of a plan, but that format shall not place undue paperwork burdens upon the treasurer. As used in this subdivision, the term "election cycle" has the same meaning as in G.S. 163-278.6(7c)."
SECTION 3.(e) G.S. 163-278.9 reads as rewritten:
"§ 163-278.9. Statements filed with Board.
(a) Except as provided in G.S. 163-278.10A, the treasurer of each candidate and of each political committee shall file with the Board under certification of the treasurer as true and correct to the best of the knowledge of that officer the following reports:
(1) Organizational Report. – The appointment of the treasurer as required by G.S. 163-278.7(a), the statement of organization required by G.S. 163-278.7(b), and a report of all contributions and expenditures not previously reported shall be filed with the Board no later than the tenth day following the day the candidate files notice of candidacy or the tenth day following the organization of the political committee, whichever occurs first. Any candidate whose campaign is being conducted by a political committee which is handling all contributions and expenditures for his campaign shall file a statement with the Board stating such fact at the time required herein for the organizational report. Thereafter, the candidate's political committee shall be responsible for filing all reports required by law.
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(2) Repealed by Session Laws 1999-31, s. 7(a), effective January 1, 2000.
(3) (4) Repealed by Session Laws 1997-515, s. 1.
(4a) 48-Hour Report. – A political committee or committee, political party or affiliated party committee that receives a contribution or transfer of funds shall disclose within 48 hours of receipt a contribution or transfer of one thousand dollars ($1,000) or more received before an election but after the period covered by the last report due before that election. The disclosure shall be by report to the State Board of Elections identifying the source and amount of the funds. The State Board of Elections shall specify the form and manner of making the report, including the reporting of in-kind contributions.
(5) Repealed by Session Laws 1985, c. 164, s. 1.
(5a) Quarterly Reports. – During even-numbered years during which there is an election for that candidate or in which the campaign committee is supporting or opposing a candidate, the treasurer shall file a report by mailing or otherwise delivering it to the Board no later than seven working days after the end of each calendar quarter covering the prior calendar quarter, except that:
a. The report for the first quarter shall also cover the period in April through the seventeenth day before the primary, the first quarter report shall be due seven days after that date, and the second quarter report shall not include that period if a first quarter report was required to be filed; and
b. The report for the third quarter shall also cover the period in October through the seventeenth day before the election, the third quarter report shall be due seven days after that date, and the fourth quarter report shall not include that period if a third quarter report was required to be filed.
(6) Semiannual Reports. – If contributions are received or expenditures made for which no reports are otherwise required by this Article, any and all such contributions and expenditures shall be reported by the last Friday in July, covering the period through the last day of June, and shall be reported by the last Friday in January, covering the period through the last day of December.
(b) Except as otherwise provided in this Article, each report shall be current within seven days prior to the date the report is due and shall list all contributions received and expenditures made which have not been previously reported.
(c) Repealed by Session Laws 1985, c. 164, s. 6.1.
(d) Candidates and committees for municipal offices are not subject to subsections (a), (b) and (c) of this section, unless they make contributions or expenditures concerning elections covered by this Part. Reports for those candidates and committees are covered by Part 2 of this Article.
(e) Notwithstanding subsections (a) through (c) of this section, any political party (including a State, district, county, or precinct committee thereof) which is required to file reports under those subsections and under the Federal Election Campaign Act of 1971, as amended (2 U.S.C. 434), shall instead of filing the reports required by those subsections, file with the State Board of Elections:
(1) The organizational report required by subsection (a)(1) of this section, and
(2) A copy of each report required to be filed under 2 U.S.C. 434, such copy to be filed on the same day as the federal report is required to be filed.
(f) Any report filed under subsection (e) of this section may include matter required by the federal law but not required by this Article.
(g) Any report filed under subsection (e) of this section must contain all the information required by G.S. 163-278.11, notwithstanding that the federal law may set a higher reporting threshold.
(h) Any report filed under subsection (e) of this section may reflect the cumulative totals required by G.S. 163-278.11 in an attachment, if the federal law does not permit such information in the body of the report.
(i) Any report or attachment filed under subsection (e) of this section must be certified.
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(j) (Effective until January 1, 2017) Treasurers for the following entities shall electronically file each report required by this section that shows a cumulative total for the election cycle in excess of five thousand dollars ($5,000) in contributions, in expenditures, or in loans, according to rules adopted by the State Board of Elections:
(1) A candidate for statewide office;
(2) A State, district, county, or precinct executive committee of a political party, or an affiliated party committee, if the committee makes contributions or independent expenditures in excess of five thousand dollars ($5,000) that affect contests for statewide office;
(3) A political committee that makes contributions in excess of five thousand dollars ($5,000) to candidates for statewide office or makes independent expenditures in excess of five thousand dollars ($5,000) that affect contests for statewide office.
The State Board of Elections shall provide the software necessary to file an electronic report to a treasurer required to file an electronic report at no cost to the treasurer.
(j) (Effective January 1, 2017) Treasurers for each of the following entities shall electronically file each report required by this section that shows a cumulative total for the election cycle in excess of the stated amount in contributions, in expenditures, or in loans, according to rules adopted by the State Board of Elections:
(1) A candidate for statewide office, if more than five thousand dollars ($5,000).
(2) A State, district, county, or precinct executive committee of a political party, or an affiliated party committee, if the committee makes contributions or independent expenditures in excess of five thousand dollars ($5,000) that affect contests for statewide office.
(3) A political committee that makes contributions in excess of five thousand dollars ($5,000) to candidates for statewide office or makes independent expenditures in excess of five thousand dollars ($5,000) that affect contests for statewide office.
(4) All other political committees, if more than ten thousand dollars ($10,000).
The State Board of Elections shall provide the software necessary to file an electronic report to a treasurer required to file an electronic report at no cost to the treasurer.
(k) All reports under this section must be filed by a treasurer or assistant treasurer who has completed all training as to the duties of the office required by G.S. 163-278.7(f)."
SECTION 3.(f) G.S. 163-278.10A(b) reads as rewritten:
"(b) The exemption from reporting in subsection (a) of this section applies to political party committees and affiliated party committees under the same terms as for candidates, except that the term "to further the candidate's campaign" does not relate to a political party committee's or an affiliated party committee's exemption, and all contributions, expenditures, and loans during an election shall be counted against the threshold amount for a political party committee's threshold amount.committee or an affiliated committee."
SECTION 3.(g) G.S. 163-278.11(b) reads as rewritten:
"(b) Statements shall reflect anything of value paid for or contributed by any person or individual, both as a contribution and expenditure. A political party executive committee or affiliated party committee that makes an expenditure that benefits a candidate or group of candidates shall report the expenditure, including the date, amount, and purpose of the expenditure and the name of and office sought by the candidate or candidates on whose behalf the expenditure was made. A candidate who benefits from the expenditure shall report the expenditure or the proportionate share of the expenditure from which the candidate benefitted as an in-kind contribution if the candidate or the candidate's committee has coordinated with the political party executive committee or affiliated party committee concerning the expenditure."
SECTION 3.(h) G.S. 163-278.13(e) reads as rewritten:
"(e) This section shall not apply to any national, State, district or county executive committee of any political party.party or an affiliated party committee. For the purposes of this section only, the term "political party" means only those political parties officially recognized under G.S. 163-96."
SECTION 3.(i) G.S. 163-278.13B(c)(5) reads as rewritten:
"(5) No limited contributor shall solicit a contribution from any individual or political committee on behalf of a limited contributee. This subdivision does
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not apply to a limited contributor soliciting a contribution on behalf of a political party executive committee or an affiliated party committee if the solicitation is solely for a separate segregated fund kept by the political party or affiliated party committee limited to use for activities that are not candidate-specific, including generic voter registration and get-out-the-vote efforts, pollings, mailings, and other general activities and advertising that do not refer to a specific individual candidate."
SECTION 3.(j) G.S. 163-278.14(a) reads as rewritten:
"(a) No individual, political committee, or other entity shall make any contribution anonymously or in the name of another. No candidate, political committee, referendum committee, political party, affiliated party committee, or treasurer shall knowingly accept any contribution made by any individual or person in the name of another individual or person or made anonymously. If a candidate, political committee, referendum committee, political party, affiliated party committee, or treasurer receives anonymous contributions or contributions determined to have been made in the name of another, he shall pay the money over to the Board, by check, and all such moneys received by the Board shall be deposited in the Civil Penalty and Forfeiture Fund of the State of North Carolina. This subsection shall not apply to any contribution by an individual with the lawful authority to act on behalf of another individual, whether through power of attorney, trustee, or other lawful authority."
SECTION 3.(k) G.S. 163-278.14A(b)(1) reads as rewritten:
"(1) Appears in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, or magazine, unless those facilities are owned or controlled by any political party, affiliated party committee, or political committee;"
SECTION 3.(l) G.S. 163-278.15(a) reads as rewritten:
"(a) No candidate, political committee, political party, affiliated party committee, or treasurer shall accept any contribution made by any corporation, foreign or domestic, regardless of whether such corporation does business in the State of North Carolina, or made by any business entity, labor union, professional association, or insurance company. This section does not apply with regard to entities permitted to make contributions by G.S. 163-278.19(f)."
SECTION 3.(m) G.S. 163-278.16B(a)(4) reads as rewritten:
"(4) Contributions to a national, State, or district or county committee of a political party or a caucus of the political party.party or an affiliated party committee."
SECTION 3.(n) G.S. 163-278.18(a) reads as rewritten:
"(a) No media and no supplier of materials or services shall charge or require a candidate, treasurer, political party, affiliated party committee, or individual to pay a charge for advertising, materials, space, or services purchased for or in support of or in opposition to any candidate, political committee, or political party that is higher than the normal charge it requires other customers to pay for comparable advertising, materials, space, or services purchased for other purposes."
SECTION 3.(o) G.S. 163-278.19(a1) reads as rewritten:
"(a1) A transfer of funds shall be deemed to have been a contribution made indirectly if it is made to any committee committee, affiliated party committee, or political party account, whether inside or outside this State, with the intent or purpose of being exchanged in whole or in part for any other funds to be contributed or expended in an election for North Carolina office or to offset any other funds contributed or expended in an election for North Carolina office."
SECTION 3.(p) G.S. 163-278.19B reads as rewritten:
"§ 163-278.19B. Political party headquarters building funds.
Notwithstanding the provisions of G.S. 163-278.19, a person prohibited by that section from making a contribution may donate to political parties and affiliated party committees and political parties and affiliated party committees may accept from such a person money and other things of value donated to a political party headquarters building fund. Donations to the political party headquarters building fund shall be subject to all the following rules:
(1) The donations solicited and accepted are designated to the political party headquarters building fund.
(2) Potential donors to that fund are advised that all donations will be exclusively for the political party headquarters building fund.
H373 [Ratified] Page 11
(3) The political party or affiliated party committee establishes a separate segregated bank account into which shall be deposited only donations for the political party headquarters building fund from persons prohibited by G.S. 163-278.19 from making contributions.
(4) The donations deposited in the separate segregated bank account for the political party headquarters building fund will be spent only to purchase a principal headquarters building, to construct a principal headquarters building, to renovate a principal headquarters building, to pay a mortgage on a principal headquarters building, to repay donors if a principal headquarters building is not purchased, constructed, or renovated, or to pay building rent or monthly or bimonthly utility expenses incurred to operate the principal headquarters building. Donations deposited into that account shall be used solely for the purposes set forth in the preceding sentence, and specifically shall not be used for headquarters equipment other than fixtures, personnel compensation, or travel or fundraising expenses or requirements of any kind. Notwithstanding the above, personnel compensation and in-kind benefits may be paid to no more than three personnel whose functions are primarily administrative in nature, such as providing accounting, payroll, or campaign finance reporting services, for the party and whose job functions require no more than ten percent (10%) of work time to be spent on political advocacy each calendar year
(5) The political party executive committee or affiliated party committee shall report donations to and spending by a political party headquarters building fund on every report required to be made by G.S. 163-278.9. If a committee is excused from making general campaign finance reports under G.S. 163-278.10A, that committee shall nonetheless report donations in any amount to and spending in any amount by the political party headquarters building fund at the times required for reports in G.S. 163-278.9.
If all the criteria set forth in subdivisions (1) through (5) of this section are complied with, then donations to and spending by a political party headquarters building fund do not constitute contributions or expenditures as defined in G.S. 163-278.6. If those criteria are complied with, then donations may be made to a political party headquarters building fund."
SECTION 3.(q) G.S. 163-278.38Z reads as rewritten:
"§ 163-278.38Z. Definitions.
As used in this Part:
…
(5) "Political action committee" has the same meaning as "political committee" in G.S. 163-278.6(14), except that "political action committee" does not include any political party orparty, political party organization.organization, or affiliated party committee.
(6) "Political party organization" means any political party executive committee or any political committee that operates under the direction of a political party executive committee or political party chair.chair, or any affiliated party committee.
…."
Page 12 H373 [Ratified]
SECTION 4. Sections 1 and 2 of this act are effective when this act becomes law and apply only to the 2016 primary cycle. The remainder of this act is effective when it becomes law and applies to contributions and expenditures made on or after that date.
In the General Assembly read three times and ratified this the 24th day of September, 2015.
s/ David L. Curtis
Presiding Officer of the Senate
s/ David R. Lewis
Presiding Officer of the House of Representatives
_____________________________________
Pat McCrory
Governor
Approved __________.m. this ______________ day of ___________________, 2015

Disappeared Records Of Closed Sessions

I haven't written lately about the "disappeared" records.

To tell the truth, I am not quite sure where we stand on this.

A week ago, at the Town Board's "agenda" meeting, the Town Board unsealed some records. At least two of them seemed to have been cobbled together from notes kept by the Town Attorney and a newly-discovered draft of the 9 July 2012 meeting in the possession of former mayor Bill Sage.

The binder of closed session minutes which had been kept by the Town is still missing. It was last seen by the Town Manager around July 2d and was discovered missing around July 16.

I surmise that someone with access to Town Hall removed the binder to keep it out of my hands. What that person or persons hopes to conceal is a mystery.

The Town Manager and Mayor Johnson have done their best to reconstruct the missing records, and I applaud them for the effort.

The fact remains, however, that the binder containing closed session minutes is no longer within the possession, custody and control of The Town; the accuracy of reconstructed records can't be substantiated; and there is no chain of custody. This includes records of closed sessions concerning some very sensitive personnel matters. Anyone whose affairs were discussed in closed sessions should be concerned.

As for the records I requested: nothing I received so far records legal advice given to the Town, there is no explanation of the Town attorney's legal theories and no record of any questions asked by the Town Board concerning any of the many legal issues in the case.

What is not in the record reveals more than what is in the record about the lack of oversight by the Board over the effort by the Town's attorneys.

I will have a lot more questions about that.

Julian Bond: 1940-2015

Julian Bond was a smart, articulate, handsome leader of the American Civil Rights movement at a crucial juncture in our history. I was saddened today to learn of his passing. He served his country well.

Not all heroes are military ones.

Cuba: 1955 - 2015

Watching the news this evening reminded me of the first time I saw Cuba. It was 1955, I was aboard USS Iowa (BB-61) for a training cruise - it was early August, and we were sailing along the southern coast on the way to Guantanamo Bay.

We could see smoke from campfires in the Sierra Maestra mountains, which we were told was home to a guerrilla uprising. Nervous about the welfare of the midshipmen, Naval authorities didn't allow us off of the naval base at Guantanamo. Over the 60 years since then, I was to visit Gtmo about half a dozen times, but never set foot off the base.

Now that we have established diplomatic relations, I hope to visit Cuba someday soon.

An Old Saying About Deception Comes To Mind

Fool me once, shame on you. 

 

Fool me twice, shame on me.

Is It Just Me? Or Is It Something I Said?

In recent posts, I have raised the problem of missing records of closed sessions of the Town Board relating to South Avenue and Avenue A.

I knew that sounded familiar, and mentioned that I thought the same thing happened before.

It did.

As I reviewed old blog posts, I find that the LAST time I requested closed session records concerning South Avenue (Town of Oriental v. Henry), the binder of closed session records went missing. That was in 2009, 6 years ago, before that year's municipal elections.

The rule seems to be, that every time I ask for closed records concerning South Avenue, the records disappear.

After the 2009 election was over, the closed session minutes mysteriously reappeared.

Here is my blog entry concerning the prodigal documents.

Town Of Oriental Releases (Some) Records Of South Avenue Closed Meetings

Last night, a special meeting of the Town of Oriental Board of Commissioners voted to release some of the records of closed meetings concerning South Avenue that I requested in June and July.

There appear to be some anomalies. I will probably have more to say about them later. One anomaly was mentioned last night by Town Dock.

At least two of the records I requested have not been provided: 1) the record of the closed meeting of January 13, 2012, which was the first Board action revealing the idea of "sale or exchange" of real property; and 2) the closed meeting of July 9, 2012, which has never been explained. Not only that, the Town of Oriental web site does not include any minutes of the open portion of the special meeting held that date, recording the motion to go into closed session and the reasons therefore.

My own blog entries for July 9, 2012 record the only information ever provided to the public about that meeting, which lasted for an hour and a half. I do know that at the August meeting of the Board the Board approved minutes for the July 3 public hearing on South Avenue that falsify what went on at that meeting. I have the Town's own audio recording of the July 3 meeting.

http://mile181.blogspot.com/2012/07/south-avenue-special-meeting-july-9.html

http://mile181.blogspot.com/2012/07/thoughts-on-todays-south-avenue-meeting.html