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[1. Meeting opened by Mayor Dana E. Outlaw. Prayer Coordinated by Alderwoman Harris. Pledge of Allegiance.]
TO WELCOME EVERYONE TO THE MARCH 22ND MEETING OF THE NEW BURN BOARD OF ALDERMAN AT THIS TIME, WOULD YOU JOIN ME IN PRAYER, HEAVENLY FATHER? WE JUST ASKED IT TO BE WITH US TONIGHT.AS WE DO THE BUSINESSES OF THE CITY, WE ASK THAT YOU GIVE US THE LEADERSHIP OPPORTUNITIES TO DO THOSE THINGS THAT WILL BE PLEASING IN THE BEST INTEREST OF OUR CITIZENS.
WOULD YOU JOIN ME AND PLEDGE BELIEFS? I PLAY TO THE BLACK AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY, CALL THE ROLL ALDERMAN BAGEL HERE OUT A WOMAN HARRIS ALDERMAN ASKED HER MAY YOUR ALCOHOL ORDERING KINSEY ALDERMAN.
[Consent Agenda]
WAS THERE AN ITEM CHANGE ON YES, YES, SIR.I COULD SEND AGENDA ITEM NUMBER FOUR TO CONSIDER A RESOLUTION TO CLOSING SPECIFIC STREETS FOR OPERATION OF DOWNTOWN STREET CAFES.
THE EVENT ORGANIZER REACHED OUT TODAY AND THEY DIDN'T BURDEN AND WE LEFT OUT ONE STREET CLOSURE AND THAT WAS THE 400 BLOCK OF POLITICS.
UM, SO MARILYN MAKING A MOTION, WE ADOPT THE CONSENT AGENDA WITH THE ADDITION OF THE 400 BLOCK OF POLK STREET ADDED TO ITEM NUMBER FOUR.
MOST OF THAT SECOND, IS THERE DISCUSSION SEEING NONE, ALL IN FAVOR OF EMOTIONAL, SAY AYE, ALL OPPOSED.
[7. Presentation on Ethics]
SEVEN, MAYOR.AT THIS TIME, I'D LIKE TO ASK TOM FOR OTHERS.
HE IS THE SENIOR ASSISTANT GENERAL COUNSEL IN NORTH CAROLINA.
LEGAL NORTH CAROLINA LEAGUE OF MUNICIPALITIES WOULD COME UP AND MAKE THE PRESENTATION, UH, MAYOR MEMBERS OF THE BOARD.
THANK YOU FOR ALLOWING ME TO COME IN HERE TODAY AND SPEAK BRIEFLY REGARDING THE LEGAL REQUIREMENTS FOR THE DUTY TO VOTE AND THE CONFLICTS OF INTEREST THAT MAY APPLY.
AND WITH LUCK, UH, THIS WAR, THE, UH, BEFORE WE BEGIN, UH, HAVE BEEN INTRODUCED, MY NAME IS TOM FOR OTHERS, AND I AM WITH THE LEAK AND UNLIKE, UH, YOUR HISTORIC TOWN HERE, THE LEAGUE HAS ONLY BEEN IN EXISTENCE FOR 108 YEARS.
UH, BUT WE DO WORK WITH 551 CITIES, TOWNS AND VILLAGES OF NORTH CAROLINA.
WE PROVIDE, IN ADDITION TO OUR INSURANCE SERVICES, WE PROVIDE, UH, LEGAL, UH, COUNSELING.
WE PROVIDE EDUCATIONAL BENEFITS AND, UH, WE LOOK FORWARD TO REACHING OUT TO OUR COMMUNITY AND HELPING OUR LOCAL GOVERNMENTS IN ANY WAY WE CAN.
NOW, TODAY, I'M GOING TO SPEAK ABOUT, UH, TWO JOURNAL STATUTES AND THE CONFLICTS OF INTEREST THAT ARE CONTAINED IN TWO OF THEM.
UH, ALL ATTORNEYS KNOW 1 68 CHAPTER 1 68 SINCE 1971 HAS BEEN THE LAW OF THE CITIES OF NORTH CAROLINA.
UH, BUT RECENTLY IN 2019 AND 2020, AN ADDITIONAL CHAPTER WAS ADOPTED BY THE LEGISLATURE AND BY YOUR TOWN AS WELL.
AND THAT WAS CHAPTER ONE 60 D AND THEY BOTH HAVE SOME SIMILAR BUT SLIGHTLY DIFFERENT CONFLICT OF INTEREST THAT ARE WORTH MENTIONING.
AND I HOPE THAT, UH, WHAT I HAVE TO SAY TONIGHT HAS SOME MEANING AND IF NOT, UH, JUST LET ME KNOW AND WE'LL CONTINUE WITH OTHER QUESTIONS.
LET'S START WITH AN EASY QUESTION.
WHY DO WE VOTE? WELL, THE GENERAL ASSEMBLY HAS ESTABLISHED THAT THIS BOARD AND ALL BOARDS THROUGHOUT THE STATE AREN'T DELIBERATIVE BODIES.
UH, THIS MEANS THAT NO SINGLE MEMBER HAS AUTHORITY TO DIRECT THE AFFAIRS OF THE TAYLOR, UH, AND AUTHORITY OF THE TOWN IS CREATED.
AND THERE IS A MAJORITY OF THE ELECTED BOARD EITHER BY VOTE OR SOMETIMES BY CONSENSUS.
AND THE WAY THAT YOU DETERMINE YOUR MAJORITY OF COURSE, IS THROUGH THE PARLIAMENTARIAN PROCEDURES ADOPTED BY YOUR BOARD.
NOW WE KNOW THAT THE PURPOSE OF THE PARLIAMENTARIAN PROCEDURES ARE TO PROVIDE EACH ELECTED OFFICIAL, THE RIGHT TO PARTICIPATE IN DEBATE IF IT OCCURS AND TO PARTICIPATE IN THE VOTE.
AND ONCE THE BOAT IS TALLIED AND RECORDED IN THE MINUTES AS REQUIRED BY THE LAW OF THE COURT, THAT BECOMES THE OFFICIAL ACTION OF THE TOWN.
NOW, WHAT THE LAW ALSO REQUIRES IS THAT EACH MEMBER WHO HAS TAKEN THE OATH OF OFFICE AFTER BEING ELECTED SHALL HAVE A DUTY TO VOTE AND WHAT THE LAW SAYS, AND THIS IS 1 68 75, AND I KNOW THE BOARD IS FAMILIAR WITH THIS, THAT NO MEMBER SHALL BE EXCUSED FROM VOTING, EXCEPT UPON MATTERS INVOLVING CONSIDERATION OF THEIR FINANCIAL INTEREST OR OFFICIAL CONDUCT.
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AND IT SAYS AT ITS CORE THAT A FAILURE TO VOTE SHALL BE RECORDED AS AN AFFIRMATIVE VOTE.AND THAT IS BECAUSE THAT'S, THE LAW IS SERIOUS THAT YOU WERE ELECTED TO MAKE THE HARD DECISIONS.
AND WHEN IN DOUBT, YOU SHOULD ACCEPT THE GENERAL RULE, WHICH IS YOU WILL BE REQUIRED TO VOTE.
AND SO WILL YOUR COLLEAGUES AND, YOU KNOW, ONE OF THE UNFORTUNATE SITUATIONS, OBVIOUSLY, YOU KNOW, I WAS A CITY ATTORNEY OF GREECE FOR PREVIOUSLY AND ALSO SERVE ON STAFF THERE FOR YEARS.
UM, YOU KNOW, IF THE MEETING'S GOING LATE AND SOMEONE HAS TO GO HOME AND TAKE CARE OF A FAMILY MEMBER AND THEY GET UP AND THEY LEAVE THE DYNASTY, YOU KNOW, IF THEY DO NOT ASK TO BE EXCUSED BY THE BOARD PURSUANT TO A VOTE AND THEY WALK OUT OF THE ROOM, THEN THE CLERK WOULD HAVE A DUTY.
WE KNOW EACH OTHER, THE CLERK'S ASSOCIATION, BUT THE CLERK WOULD HAVE A DUTY TO RECORD YOUR VOTE IN THE AFFIRMATIVE FOR EVERY SINGLE VOTE TAKEN IN YOUR ABSENCE, WHETHER OR NOT YOU ARE IN FAVOR OF IT, OR WHETHER OR NOT YOU WERE AWARE OF THE VOTE WAS GOING TO BE TAKEN.
AND THAT'S HOW SERIOUS THE DUTY TO VOTE IS IN THIS STATE.
AND SO I'M SURE EACH OF YOU, IF YOU HAD TO LEAVE, WHAT ALWAYS ASKED TO BE EXCUSED, NOW THERE ARE EXCEPTIONS TO EVERY RULE AND THE EXCEPTIONS TO THE DUTY TO VOTE ARE CALLED CONFLICTS OF INTEREST.
AND THE WAY, THE BEST DEFINITION OF THEM IS THAT IN CERTAIN INSTANCES, THE LAW HAS DECIDED THAT THE PERSONAL INTEREST OF THE INDIVIDUAL ELECTED OFFICIAL IS TOO GREAT TO PERMIT THAT ELECTED OFFICIALS TO VOTE IN THE PUBLIC'S INFRASTRUCTURE.
AND IN THOSE CIRCUMSTANCES, UH, WHEN IT IS ESTABLISHED, UH, THEN IT IS APPROPRIATE TO RECOGNIZE YOUR CONFLICT OF INTEREST.
AND THAT HAS TO BE RECUSED FROM VOTING.
NOW, YOU'RE ALWAYS GOING TO BE CONFRONTED WITH SITUATIONS AND HOW YOU HANDLE THESE THINGS, DETERMINES, UH, YOU KNOW, UH, HOW YOU SUCCEED AS AN ELECTED OFFICIAL.
UM, AND THE REAL QUESTION AND WHAT I'M GOING TO TALK ABOUT A LITTLE BIT MORE TODAY IS WHEN DOES THIS CONFLICT RODS TO THE LEVEL OF AN ILLEGAL CONFLICT OF INTEREST THAT WOULD PREVENT YOU FROM FULFILLING YOUR ELECTED DUTY TO VOTE? NOW, I'M GOING TO TALK ABOUT FIVE DIFFERENT CONFLICTS OF INTEREST.
UH, THE FIRST ONE IS DETAILED IN CHAPTER 1 68 THAT HAS BEEN AROUND SINCE 19 71, 2, WE'RE ACTUALLY IN THE CRIMINAL STATUTES.
ANYTIME A LAWYER SEES CHAPTER 14 OF UP, YOU'RE LIKE, OH, WE'RE TALKING CRIMES NOW.
AND THEN THE NEXT TWO ARE NEXT.
UH, OR IN THE CHAPTER ONE 60 DAYS, ONE 60 D.
UH, NOW THERE, THE FIRST ONE IS CALLED THE PERSONAL FINANCIAL INTEREST OR OFFICIAL CONDUCT CONFLICT.
THE SECOND IS ONLY HAVING TO DO SPECIFICALLY WITH THE ADOPTION OF CONTRACTS AND WHETHER THE ELECTIVE OR THEIR SPOUSE HAS A DIRECT BENEFIT.
THE THIRD IS WHETHER THE ELECTED OFFICIAL, UH, IS A MEMBER OF A BOARD OF A NONPROFIT THAT IS FUNDED BY THE CITY AND THE CITY'S CONSIDERING ADDITIONAL FUNDING THAT BECAME A CONFLICT IN JANUARY ONE OF THE TREE.
AND THEN WE'RE GOING TO PIVOT OVER BRIEFLY TO CHAPTER ONE 60 D AND THAT'S THE DEVELOPMENTAL REGULATIONS, THE LAND USE REGULATIONS.
UM, SCOTT, YOUR ATTORNEY HAD SAID THAT, YOU KNOW, THIS BOARD, UH, HEARS ZONING MEMBERS AND REZONING, THAT WOULD BE UNDER CHAPTER 60 D.
AND A ONE IS IF YOU HAVE A DIRECT, SUBSTANTIAL FINANCIAL IMPACT, WHICH IS MUCH MORE IDENTIFIABLE THAN THE PERSONAL FINANCIAL INTEREST BROTHER, YOU HAVE A RELATIONSHIP WITH THE PERSON SEEKING THE REZONING THAT IS TO CLOSE, WHETHER IT'S PERSONAL BUSINESS OR ASSOCIATION.
AND WE'RE GOING TO TALK ABOUT ALL THOSE A LITTLE BIT.
YOU REALLY HAVE THREE TYPES OF VOTES AS AN ELECTED OFFICIAL.
AND 98% OF THEM ARE 95% OF THEM ARE LEGISLATIVE.
UH, BUT IT IS POSSIBLE THAT YOU WOULD SIT IN A QUASI JUDICIAL CAPACITY.
AND, UH, IF YOU DID, THEN YOU WOULD HAVE TO FOLLOW THE CONSTITUTIONAL DUE PROCESS REQUIREMENTS AND BE THE IMPARTIAL FACT FINDER, MAKING DECISIONS BASED ON WHAT IS PRESENTED AT THE HEARING.
NOW, I DON'T BELIEVE THIS BOARD SITS FOR THE HISTORIC COMMISSION,
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MAYBE NOT FOR VARIANCES AND MAYBE NOT, BUT MAYBE FOR APPEALS FROM UNDER THE ZONING OFFICIAL CITATION.BUT IN THOSE CIRCUMSTANCES, DUE PROCESS RIGHTS OCCUR, AND YOU ARE REQUIRED TO BE THE IMPARTIAL DECISION MAKER.
NOW WE'RE NOT EVEN GOING TO GO INTO THAT, CAUSE I KNOW YOU ARE THE IMPARTIAL DECISION MAKER, BUT THE CONFLICT I'M GOING TO BE TALKING ABOUT HAVE TO DO WITH LEGISLATIVE VOTES.
WHEN YOU SIT AS A LEGISLATIVE BODY, YOU ARE ALLOWED TO KEEP THE PROMISES YOU MADE TO YOUR CONSTITUENCY.
WHEN YOU WERE ELECTED, LET'S SAY YOU'RE RUNNING YOUR CAMPAIGN.
AND ONE OF THE TENANTS OF YOUR CAMPAIGN IS I'M NOT VOTING FOR THE ROCK FOR YOU.
IT'S OUT OF THE TOWN LIMITS AND YOU PROMISE YOUR CONSTITUENTS.
YOU WILL OPPOSE AND YOU'RE ELECTED.
AND THE REZONING COMES BEFORE THIS BOARD RIGHT HERE.
CAN YOU STILL PARTICIPATE? YES, BECAUSE LEGISLATIVE TOURS ARE ALLOWED TO HAVE THEIR OWN OPINIONS OUTSIDE OF WHAT THE HEARING PROVIDES.
AND THAT'S WHAT ALLOWS YOU TO LIVE UP TO YOUR PROMISES, TO YOUR CONSTITUENCY AND TO YOUR TOWN.
AND THEN FINALLY YOU HAVE PROCEDURAL BUTTONS AND THESE ARE THE SMALL BOATS, YOU KNOW, WHEN SOMETHING IS GOING TO OCCUR, NOT HOW, WHAT HAS OCCURRED.
THAT WOULD TYPICALLY BE A VOTE TO CONTINUE OR A VOTE TO POSTPONE.
TYPICALLY THOSE WOULD NOT HAVE CONFLICTS OF INTEREST.
NOW LET'S TALK ABOUT PERSONAL FINANCIAL INTERESTS.
THIS IS ONE OF THE OLDEST TO THE DUTY TO VOTE.
NOW WE ALL HAVE FINANCIAL INTEREST, LARGE AND SMALL SPECIFIC IN GENERAL.
SO WHEN DOES THE FINANCIAL INTEREST THAT YOU HOLD REGARDING A MATTER BEFORE THIS BOARD CREATE A CONFLICT OF INTEREST ON A PROPOSED VOTE, IT CLEARLY IS NOT ALL THE TIME.
THAT IS NOT WHAT THE LAW INTENSE.
THE LAW SAYS IT IS A CASE BY CASE DECISION.
UM, AND THE CENTRAL QUESTION IS WHEN DOES THE PERSONAL INTERESTS OUTWEIGH THE PUBLIC INTEREST? IT'S A BALANCING TEST.
NOW, IF THE VOTE REFLECTS INTEREST OF ALL CITIZENS, INCLUDING THE ELECTED OFFICIAL OR A LARGE GROUP OF CITIZENS, INCLUDING THE ELECTED OFFICIAL, IT'S GENERALLY NOT A CONFLICT.
FOR EXAMPLE, THE BEST EXAMPLE, YOU CAN ALWAYS VOTE ON THE TAX RATE.
NOW THAT DOES AFFECT YOUR PERSONAL FINANCIAL INTERESTS, BUT THEN IT AFFECTS IT IN THE SAME WAY AS EVERY OTHER MEMBER OF THIS COMMUNITY.
SO THE LAW DOES NOT DEEM IT A PERSONAL FINANCIAL INTEREST THAT RISES TO THE LEVEL OF A CONFLICT.
UH, YOU CAN VOTE ON THE TRANSPORTATION, DEPARTMENT'S PAVING BUDGET, EVEN IF YOU'RE THE STREET IN FRONT OF YOUR HOME IS GOING TO BE REPAID BECAUSE YOUR INTEREST IS THE SAME AS EVERYBODY ELSE'S INTEREST THAT IS GOING TO BENEFIT FROM THAT REPAVING TYPICALLY RE AS REZONING IN YOUR NEIGHBORHOOD.
THAT IS NOT YOUR HOUSE WOULD NOT BE A SUFFICIENT PERSONAL INTEREST BECAUSE IT IS THE SAME AS EVERYBODY IN THAT NEIGHBORHOOD NOW.
BUT HOWEVER, IF THE MATTER IS TO BUILD A ROAD TO AN UNDEVELOPED, LOT OF LAND OWNED BY A MEMBER THAT WOULD BE A PERSONAL FINANCIAL INTEREST THAT RAISES TO THE LEVEL OF A CONFLICT SO, AND THIS IS OBVIOUS, BUT YOU NEED TO LOOK AT THE TOTAL, THE WHOLE CIRCUMSTANCE.
AND THEN, AND THIS IS, YOU'RE GOING TO HEAR ME SAY THIS SEVERAL TIMES, TALK WITH YOUR ATTORNEY, HAVE HIM GIVE HIM THE OPPORTUNITY TO RENDER A DECISION ON REFLECTION.
YOU KNOW, IT'S KIND OF FAIR WHEN THE MEETINGS AND YOU KNOW, THE HEATED MOMENT AND YOU TURN AND SAY, I NEED A LEGAL OPINION ON YOU IN THE NEXT 30 SECONDS.
I KNOW THIS BOARD WOULD NEVER DO THAT, BUT GIVE YOUR ATTORNEY SOME CHANCE TO THINK ABOUT IT ONE SIDE OR THE OTHER, AND THEN RENDER THAT OPINION.
NOW HERE'S A MISCONCEPTION WITH THE GENERAL PUBLIC SOMETIMES, BUT YOU CAN VOTE ON
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YOUR OWN SALARY AND YOUR EXPENSE.NOW I KNOW ALL OF YOU ALL ARE HERE MAKING AT LEAST 50 CENTS AN HOUR ON THIS JOB, BUT YOU KNOW, YOU CAN VOTE ON THAT IF YOU WANT TO AND NOT HAVE A CONFLICT OF INTEREST.
NOW, IN ADDITION, THAT SAME STATUTE TALKS ABOUT PERSONAL CONDUCT AND REALLY WHAT THIS PLAYS OUT.
AND IT IS A CONFLICT OF INTEREST IS WHEN YOU ANNOUNCED THAT YOU HAVE A CONFLICT AND ASK THE BOARD TO VOTE TO EXCUSE YOU, YOU REALLY SHOULD NOT THEN VOTE TO EXCUSE YOURSELF.
THAT WOULD BE VOTING ON YOUR PERSONAL CONDUCT.
NOW, IF THE BOARD, AND THIS IS RARE TO EITHER VOTE TO CENSOR OR CRITICIZE YOU OR PRAISE YOU OR ADOPT A RESOLUTION IN YOUR HONOR FOR YOUR WONDERFUL ACTIONS ON BEHALF OF THE TOWN, AGAIN, YOU REALLY SHOULD NOT VOTE.
THOSE ARE THE TIMES WHEN IT'S APPROPRIATE TO STEP ASIDE, UH, BECAUSE IT IS YOUR, UH, PERSONAL CONDUCT.
NOW LET'S TALK ABOUT THE SECOND EXCEPTION.
AND THIS IS FROM THE CRIMINAL STATUTE.
IF THE BOARD IS CONSIDERING A CONTRACT WHERE EITHER THE ELECTED MEMBER OR THEIR SPOUSE RECEIVE A DIRECT BENEFIT, THEN THIS STATUTE APPLIES AND THE STATUTE IS CLEAR TO FOSTER.
ANYONE WHO MAKES OR ADMINISTERS CONTRACTS AND EVERY BOARD IN EVERY CITY IN TOWN IN NORTH CAROLINA HAS THE LEGAL DUTY TO MAKE IT ADMINISTER THE CONTRACTS BECAUSE THE BUCK STOPS WITH THE ELECTED OFFICIALS.
YEAH, SO PEOPLE SOMETIMES GET CONFUSED WITH PERSONAL FINANCIAL INTERESTS, WHAT WE JUST TALKED ABOUT, BUT THIS IS ENTIRELY DIFFERENT.
AND THE LAW IS ABSOLUTELY CLEAR.
IT ONLY APPLIES TO VOTES ON CONTRACTS AND ONLY WOULD, THERE IS A DIRECT BENEFIT TO THE ELECTED MEMBER OR THEIR SPOUSE.
SO WHAT IS WHAT DIRECT BENEFIT IF YOU OWN 10% OR MORE OF THE ENTITY THAT IS RECEIVING THE CONTRACT, YOU HAVE A DIRECT BENEFIT.
IF YOU'RE RECEIVING INCOME OR COMMISSION FROM THE CONTRACT, IT'S A DIRECT BENEFIT.
IF YOU'RE TAMARA PROPERTY UNDER THE CONTRACT, IT'S A DIRECT BENEFIT.
FOR EXAMPLE, THE TOWN CAN'T VOTE TO AWARD YOUR CONSTRUCTION COMPANY, THE REPAVING CONTRACT.
BUT WHAT ABOUT IF IT'S YOUR BROTHER'S CONSTRUCTION PAVING COMPANY? WELL, YOU'RE NOT, THAT'S NOT YOUR SPOUSE.
THERE IS NOT A DIRECT BENEFIT TO JUST BROTHERS.
NOW YOU MAY WANT TO SPEAK TO YOUR ATTORNEY AND DEPENDING ON WHETHER YOU'RE CLOSE TO YOUR BROTHER OR NOT, OR IF YOU HAVEN'T SEEN HIM FOR 30 YEARS, YOU KNOW, MAYBE YOU DON'T HAVE A PROBLEM, BUT YOU, YOUR ATTORNEY AND YOU MAY CONSIDER WHETHER OR NOT YOU HAVE A PERSONAL FINANCIAL INTEREST IN THE TIES BETWEEN YOURSELF AND YOUR BROTHER.
AND YOU COULD ASK TO VOTE TO RECUSE, BUT NOT, NOT ADOPT THE CONTRACT.
IF YOU'RE A REAL ESTATE BROKER AND THE TOWN IS LOOKING TO BUY LAND, THEY CAME OUT AND BUY IT WHILE YOU'RE GETTING A REAL ESTATE COMMISSION AS THE BROKER, IF YOU'RE AN ELECTED OFFICIAL, IF YOU'RE AN ATTORNEY, A PARTNER IN A LAW FIRM, WHICH MEANS YOU'RE AN EQUITY OWNER AND THE TOWN IS CONSIDERING WHETHER TO RETAIN YOUR LAW FIRM CANNOT BE DONE BECAUSE YOU'RE RECEIVING INCOME FROM THAT CONTRACT AS AN EQUITY MEMBER.
HOWEVER, IF YOU'RE AN ASSOCIATE OF THE LAW FIRM AND EMPLOY, THERE IS NO CONFLICT HERE BECAUSE THE CONTRACT RUNS TO THE FIRM AND THE EMPLOYER IS NOT THE SAME AS THE FIRM.
THE EMPLOYEE IS NOT THE SAME AS AN EQUITY PARTNER.
IT WAS TO REMEMBER HIS FIRST, NOT ONLY CAN MEMBERS WITH DIRECT BENEFIT AND MEMBERS WITH SPOUSES WITH A DIRECT BENEFIT, NOT QUIT.
YOU ALSO CANNOT SEEK TO INFLUENCE OTHERS ON YOUR BOARD ABOUT THIS PLACE.
YOU'RE NOT ALLOWED TO PARTICIPATE.
AND WHAT IS IT WHY IT'S IMPORTANT? IT'S A CRIME.
IF YOU VOTE, IT'S A CRIME WITH THE DIRECT BENEFIT.
IF YOU DO NOT VOTE AND THE BOARD STILL VOTES, IT'S A CRIME AND THE CONTRACTOR'S WARNING.
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NOW THERE ARE SOME EXCEPTIONS TO THIS, UH, CRIMINAL DIRECTORY.YOUR SPOUSE IS ALLOWED TO WORK FOR THE CITY.
CAUSE SOMETIMES THEY'RE SO SMALL, YOU KNOW, THEY NEED TO HAVE THAT ABILITY.
IT IS NOT CONSIDERED A CONFLICT, EVEN IF THE BOARD OR TO VOTE, TO HIRE THE SPOUSE.
NOW I KNOW THIS TOWN HAS MANAGER AND IT WOULD BE HIS DIRECTIVE, BUT STILL THAT THE LAST OF THE LAW SHAKES THAT OUT.
IF YOU HAVE A CONTRACT WITH A BANK THAT MIGHT YOU BE OWNED BY A MEMBER OF THE BOARD OR PART OF THE BOARD, UH, YOU KNOW, AGAIN, THAT WOULD NOT BE CONFLICT.
AND IF YOU HAD TO CONDEMN PROPERTY, IT'S NOT A CONFLICT.
AND THEN, YOU KNOW, THINK ABOUT THAT.
IF THE TOWN HAD TO RUN A NEW SEWER LINE AND THEY COULDN'T REACH PRICE TERMS WITH THE PROPERTY OWNER WHO HAPPENED TO BE AN ELECTED OFFICIAL, THE TOWN'S GOING TO NEED TO GO ON AND CONDEMN THE PROPERTY.
AND THAT IS NOT CONSIDERED A CONFLICT UNDER THE LAW.
AND THE LAST IS PUBLIC ASSISTANCE, BUT THAT'S REALLY A COUNTY FUNCTION.
SO I DON'T THINK I REALLY NEED TO TALK ABOUT THAT.
THERE'S ALSO THE SMALL TOWN EXCEPTION, WHICH ALLOWS DIRECT BENEFITS, BUT THE TOWN HAS TO HAVE A POPULATION OF 20,000 OR LESS.
AND I UNDERSTAND THAT THIS DOWN IS IT 30,000 ROUGHLY? SO WE DON'T HAVE TO DISCUSS THE SMALL TOWNS, ET CETERA.
NOW, AS OF JANUARY ONE, A NEW LAW CAME INTO EFFECT AND THIS IS REALLY TOWNS HAVE STRUGGLED WITH THIS.
IT IS VERY COMMON IN NORTH CAROLINA FOR ELECTED OFFICIALS TO SERVE ON BOARDS OF DIRECTORS OF NONPROFIT CORPORATIONS, IS THAT WORK TO BENEFIT THE GOOD PEOPLE AT THE TABLE.
IT HAS NEVER BEEN A PROBLEM IN CONFLICT OF INTEREST ANALYSIS BEFORE JANUARY ONE.
AND THE REASON IT HAS, AND YOU ALL KNOW THIS, BUT WHEN YOU SERVE ON A BOARD OF DIRECTORS OF A NONPROFIT, YOU ARE NOT PAID, BUT, UH, BECAUSE OF SOME UNFORTUNATE SITUATIONS IN TOWNS THAT ARE NOT THIS ONE, UH, THE LAW NOW SAYS THAT THAT IS A CONFLICT OF INTEREST.
AND SO THIS APPLIES WHENEVER THE ELECTED IS A DIRECTOR OF THE NONPROFIT, AN OFFICER OF THE NONPROFIT OR A GOVERNING BOARD MEMBER OF THE NONPROFIT, THE ELECTED CANNOT DELIBERATE VOTE FOR SEEK TO INFLUENCE ANYONE ELSE AND TO DO SO IS A PROBLEM.
HOWEVER, IF THE ELECTED RECUSES, THEN THE BOARD CAN CONTINUE WITH THE CONTRACT AND THE DEVOTE TO ADOPT.
UNLIKE THE PREVIOUS DIRECT BENEFIT WE JUST DISCUSSED, THE VOTE IS MAKE PROCEED AND THERE IS NO ISSUE.
ALRIGHT, NOW LET'S TALK ABOUT THE TWO CONFLICT OF INTEREST UNDER CHAPTER ONE 60 D THE LAND DEVELOPMENT REGULATIONS.
NOW WITH ANY VOTE UNDER ONE 60 B HAS A DIRECT, SUBSTANTIAL FINANCIAL IMPACT ON THE MEMBER, WHICH I THINK IN THIS YEAR INSTANCE WOULD BE ON REZONE.
AND THAT'S A MUCH HIGHER STANDARD THAN THE PERSONAL FINANCIAL INTEREST, BY THE WAY, THEN YOU WOULD NOT BE ABLE TO VOTE.
NOW, HERE'S, HERE'S THE BEST EXAMPLE.
IF YOU NEED TO HAVE YOUR LAND REZONED, AND YOU'RE AN ELECTED OFFICIAL, YOU CAN'T VOTE ON IT.
THAT'S I MEAN, BUT THIS IS SOMETHING I KNOW THAT YOU ALREADY KNOW, AND YOU WOULD NEVER THINK THAT YOU WOULD WANT TO DO BECAUSE IT'S NOT IN THE PUBLIC INTEREST.
UM, YOU CAN ALWAYS VOTE ON THE COMPREHENSIVE LAND USE OR THE CITY-WIDE LAND USE PLAN.
BECAUSE AGAIN, YOUR INTEREST IS THE SAME AS ANYBODY ELSE WHO OWNS PROPERTY IN THE TOWN.
IF YOU WERE TO VOTE ON THE HISTORIC PRESERVATION MATTER, AND IT ONLY BENEFITED YOUR PROPERTY, THAT WOULD BE A SUBSTANTIAL, DIRECT FINANCIAL IMPACT.
BUT IF YOU'RE MAKING A VOTE ON THE DOWNTOWN BUSINESS DISTRICT AND YOU HAVE TO OWN A BUILDING IN THE DISTRICT, AGAIN, YOUR INTEREST IS THE SAME AS EVERYBODY ELSE WHO OWNS PROPERTY IN THE DISTRICT, AND IT WOULD NOT TRIGGER THE ANALYSIS.
WE'LL JUST DISCUSS WHAT THAT MEANS.
AND THIS ONLY APPLIES TO REZONING, ORIGINAL ZONING AND THE LAW FOCUSES ON WHEN IS THE RELATIONSHIP WITH THE PERSON SEEKING THE REZONING TO CLOSE, AND IT CAN EITHER BE CLOSE, FAMILIAL RELATIONSHIPS, CLOSE BUSINESS RELATIONSHIPS, OR CLOSE ASSOCIATIONAL RELATIONSHIPS.
AND THAT'S THE WORDING OF THE STATUTE.
AND THE STATUTE DEFINES WHAT FAMILIAL
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RELATIONSHIPS ARE.AND THERE ARE, I THINK THERE ARE EVERYTHING EVEN FOR SOUTHERNERS, THEIR SPOUSE, PARENT, CHILD, BROTHER, SISTER, GRANDPARENT, GRANDCHILD, HALF RELATION, STEP RELATIONS, AND IN-MOLD RELIGIONS.
YOU CAN'T VOTE ON YOUR MOTHER-IN-LAW RESENTED.
NOW THE LAW DOES NOT DEFINE WHAT A CLOSE BUSINESS RELATIONSHIP IS OR A CLOSED ASSOCIATIONAL RELATIONSHIP.
AND AGAIN, THAT'S WHEN YOUR NEED TO PICK UP THE PHONE AND TALK TO YOUR ATTORNEY.
BUT IF IT'S YOUR BUSINESS PARTNER, I WOULD ARGUE THAT THAT IS A CLOSE BUSINESS RELATIONSHIP.
NOW, WHAT IF IT'S YOUR MINISTRY? THIS IS NOT A DEFINED IN LAW.
WHAT IS A CLOSE ASSOCIATIONAL RELATIONSHIP? MAYBE, MAYBE NOT, BUT THESE ARE THE THINGS THAT NEED TO BE DISCUSSED WITH YOUR ATTORNEY.
AND THEN IF NECESSARY DISCUSSED IN PUBLIC BEFORE VOTES.
AND I'M GOING TO GET MORE TO THAT IN A SECOND.
SO HOW ARE YOU EXCUSED FROM, UH, THE METHOD YOU USE IS EXACTLY THE METHOD THAT IS USED THROUGHOUT NORTH CAROLINA, AND IT IS NOT EVER SPECIFIED IN THE STATUTE IS THE COMMONWEALTH.
YOU SPEAK, YOU MAY OR MAY NOT TALK TO YOUR LAWYER.
YOU TELL YOUR BOARD, YOU HAVE A CONFLICT AND OUT OF, UH, RESPECT THE BOARD RECUSED FROM THE MATTER.
NOW IN ONE 60 D THE STATE HAS FINALLY GOTTEN A ENOUGH TO GIVE US SOME DIRECTION.
AND UNDER ONE 60 D, WHICH IS REZONING, IF THE ELECTED BELIEVES THEY HAVE A CONFLICT, OR IF THE ELECTED IS ALLEGED TO HAVE A CONFLICT, THEN THE ELECTED DECLARES WHETHER OR NOT THE CONFLICT EXISTS.
AND THEN IF THE BOARD DISAGREES THEY CAN VOTE TO OVERTURN IT AGAIN.
THAT'S SO JUST SPECIFIED IN ONE 60 DEAN HAS NOTHING TO DO WITH ALL THE OTHER BODY OF THE LAW IN NORTH CAROLINA, 1 68.
NOW HERE'S REALLY, REALLY THE BEST OF ALL RELY ON YOUR ATTORNEY AND TALK WITH HIM.
I'VE HAD, UH, IMPORTANT DISCUSSIONS WITH ELECTEDS AT THE TIME I REPRESENTED BEFORE THE MEETING, WHERE THEY HAVE, UH, COME TO MY OFFICE AND WE HAVE TALKED AND IT HAS GIVEN ME TIME TO REFLECT ON THEIR UNIQUE SITUATION AND THEN FINALLY MAKE A DECISION.
AND WHAT I HAVE REALIZED NOW IS IT'S ALWAYS BETTER EVEN TO DISCLOSE A POTENTIAL CONFLICT, EVEN IF YOU DON'T THINK IT PREVENTS YOU FROM VOTING NOW, NOT EVERY RUN OF THE MILL SMALL THING, BUT IF YOU'VE THOUGHT ABOUT IT, SOMEONE ELSE IS THINKING ABOUT WHY TAKE THE RISK THAT A COMMUNITY MEMBER COLLEEN WILL ACCUSE YOU OF VIOLATING YOUR ETHICAL DUTIES.
WHAT YOU SHOULD DO IS ADDRESS IT PUBLICLY.
IF IT'S A CLOSE CALL FOR CALLS, THE COURTS WILL, ARE WILLING TO GIVE ELECTED OFFICIALS THE BENEFIT OF THE DOUBT.
SO IF YOU HAVE A CLOSE CALL AND YOU DISCUSS IT ON THE RECORD AS REFLECTED BY THE MINUTES, AND YOU MAKE YOUR DECISION WITH ADVICE OF YOUR ATTORNEY AND YOUR BOARD SUPPORTS, THEN THE COURTS ARE GOING TO TYPICALLY GIVE THAT RAPE WHITE.
AND ALSO IN THIS TIME OF HEIGHTENED TENSIONS, IT SHOWS THE PUBLIC THAT YOU BELIEVE IN TRANSPARENCY, AND YOU'RE WILLING TO HAVE THE TOUGH DISCUSSIONS PUBLICLY.
AND I'M SURE THIS BOARD WOULD DO IT CIVIL.
NOW, I THINK THAT'S A GOOD POINT FOR ME TO STOP THIS, BUT I APPRECIATE YOU INVITING ME TO YOUR CHAMBER AND I APPRECIATE YOUR SERVICE.
IT IS A LONG, UH, JOB, AND, UH, I MEANT TO MENTION THIS ON THE FRONT END, BUT, UH, I'M ALSO PRESENTING WITH THE SCHOOL OF GOVERNMENT AT THE NEWLY ELECTED OFFICIALS AND NEWLY REELECTED OFFICIALS, CONFERENCES ARE GOING AROUND THE STATE.
AND, UM, WE ARE SCHEDULED TO BE A NEWBORN, I THINK, IN MID JUNE OR EARLY JUNE, BUT THAT MAY BE PUSHED BACK NOW WITH THE LATEST DECISIONS WITH THE LEGISLATURE AT QUEST.
I DO IN REGARDS TO, UM, THE NEW STATUTE THAT PASSED FOR NON-PROFITS
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LAST YEAR.UM, THE BOARD DECIDED TO WORK WITH THE NONPROFIT THAT I CO-FOUNDED, UH, ASKED TO RECUSE MYSELF.
I DIDN'T HAVE TO, BECAUSE OF THAT STATUTE THIS YEAR, THEY DECIDED TO WORK WITH US AGAIN IN REGARDS TO, UM, YOU KNOW, UTILIZING THE FIREMEN AND THINGS OF THAT NATURE, I WOULD NEED TO RECUSE MYSELF, CORRECT.
WHAT IF YOU'RE A MEMBER OF THE BOARD OF DIRECTOR OR AN OFFICER OF THE CORPORATION AND YOU FALL WITHIN THAT DEFINITION AND THE LAW REQUIRES YOU TO RECUSE YOURSELF, BUT THE BOARD CAN STILL MOVE FORWARD.
SIR, WOULD YOU PLEASE, UM, GO A LITTLE BIT INTO THE BOARD'S RESPONSIBILITIES DURING A CLOSED SESSION? ABSOLUTELY.
BECAUSE, UM, CLOSE SESSION FOR VITAL TO THE PROPER FUNCTIONING OF A CITY OR CALL IS, UH, YOU CAN'T, SOME THINGS ARE CONFIDENTIAL LIKE PERSONNEL.
WE ARE NOT A SUNSHINE STATE IN NORTH CAROLINA AND PERSONNEL MALLS ARE PROTECTED, EXCEPT FOR VERY LIMITED, LIKE THE DATE OF HIRE THE DATE OF FIRE AND THE PROMOTIONS AND OF SOUNDS.
BUT IF THE BOARD IS REVIEWING PERFORMANCE OF A PERSON THAT HAS APPOINTED OR DISCUSSING THE EMPLOYEE PERFORMANCE OF SOMEONE THAT THE TOWN AS HIRED, THOSE ARE CLASSIC EXAMPLES OF WHAT NEEDS TO GO INTO CLOSED SESSION.
NOW, ECONOMIC DEVELOPMENT IS AN ABSOLUTELY APPROPRIATE REASON TO GO INTO CLOSED SESSION, BUT BECAUSE BY THE NATURE OF BUSINESS, UH, BUSINESSES LIKE TO PROTECT THEIR INFORMATION BECAUSE OF THE COMPETITIVE NATURE.
AND THEY NEED TO HAVE THE ABILITY TO SPEAK, FRANKLY, WITH THE BOARD AND UNDERSTAND WHETHER OR NOT THERE IS A CONSENSUS TO MOVE FORWARD NOW, ANY, UH, ANY, ANY, UH, ECONOMIC INCENTIVE THAT THE BOARD MAY AWARD WOULD BE A PUBLIC VOTE, BUT THE DISCUSSIONS, UH, DO NOT HAVE TO BE, UH, OCCUR IN CONCESSION.
AND WHAT YOU'RE GOING TO FIND IS MOST BUSINESSES WANTED IN CLOSED SESSION TO PROTECT THEIR BUSINESS INTERESTS WHILE THEY'RE STILL MAKING THEIR DECISIONS, UH, TO RECEIVE LEGAL ADVICE FROM YOUR ATTORNEY.
ANOTHER CLASSIC REASON WHY YOU NEED TO GO INTO CLOSED SESSION CASES OR COMPETITIVE THAT'S THE AMERICAN JUDICIAL SYSTEM.
AND IF YOU WERE TO DISCUSS ALL OF YOUR THOUGHTS AND ALL OF YOUR WORRIES AND ALL OF YOUR PROS AND ALL OF YOUR COMMENTS ABOUT INDEPENDENT LITIGATION, YOU WOULD BE HANDING VICTORY TO THE PERSON SUING THE TOWN OR WHO THIS TOWN IS SUING.
AND THAT'S FRANKLY NOT A RESPONSIBLE WAY TO RUN A LITIGATION.
ANOTHER PERFECT REASON WHY IT NEEDS TO GO INTO CLOSED SESSION.
NOW THERE'S ONLY FIVE MORE, BUT I'D PROBABLY NEED TO LOOK IT UP, LOOK UP THE REST OF IT, BUT TO CONTINUE TALKING, WHAT ABOUT THE BOARD MEMBERS OR THE ELECTED OFFICIALS RESPONSIBILITY TO KEEP WHAT HAPPENS IN CLOSED SESSION, IN CLOSED SESSION COMING OUT, WE'VE BEEN TOLD THAT IT'S NOT ILLEGAL FOR YOU TO COME OUT AND DISCUSS WITH THE PRESS WHAT'S IN CLOSED SESSION, OR, YOU KNOW, WHAT, WHAT IS THE BOARD, THE ELECTED OFFICIALS RESPONSIBILITY, UM, FOR ECONOMIC INCENTIVE OR FOR LITIGATION? UH, THERE IS NO MANDATED CONFIDENTIALITY OF WHAT OCCURS IN CLOSED SESSION.
AND IF A BOARD MEMBER, UH, WANTS TO DISCUSS IT, UH, THAT BOARD MEMBER DOES NOT VIOLATE THE LAW IN DOING SO.
UM, A QUESTION THAT MUST BE ASKED IS WHAT IS THE PURPOSE OF GOING INTO CLOSED SESSION, EVEN WHEN IT'S NECESSARY IN THE TOWN'S INTEREST, IF IT CANNOT MAKE THE MAINTAIN CONFIDENTIAL UNTIL THE RIGHT TIME, IT'S A MATTER OF TRUST.
ALL BUSINESS HAS TO BE CONDUCTED WITH TRUST.
POLITICS SHOULD BE CONDUCTED WITH TRUST AND OPERATES MUCH BETTER.
SO TO CLARIFY, YOU'RE NOT BREAKING THE LAW THINGS, A FULL SESSION OUTSIDE OF PERSONNEL ARE DISCUSSED, CORRECT? CORRECT.
WELL, IT'S KIND OF SENSELESS TO GO INTO CLOSED SESSION WHEN YOU ALL GOT TO BE CLOSED SESSION, OTHER THAN PERSONNEL, WHEN YOU WALK OUT AND CLOSE SESSION AND THINGS ARE STARTING TO BE DISCUSSED BY SOME OF THE ELECTED OFFICIALS ARE AN ELECTRIC OFFICIAL, YOU KNOW, WHAT TOOK PLACE DURING THE CLOSED SESSION HELD BY GOING TO CLOSED SESSIONS, THOSE ARE DECISIONS FOR THE BOARD TO MAKE.
AND, UH, BOTH OF YOU ARE EXPRESSING OPINIONS THAT ARE RELEVANT TO THIS DISCUSSION.
[00:35:01]
AND I WOULD ENCOURAGE THIS BOARD TO CONTINUE THOSE DISCUSSIONS.THANK YOU VERY MUCH QUESTION, UM, BACK TO THE, THE NONPROFIT.
SO WE AS ELECTED OFFICIALS OFTENTIMES GET APPOINTED TO VARIOUS BOARDS LIKE AN ECONOMIC DEVELOPMENT BOARD, FOR EXAMPLE, I'M THE CITY REPRESENTATIVE.
I HAVE A VOTING RIGHTS ON THAT BOARD OF DIRECTORS.
CAN YOU CLARIFY? CAUSE THERE'S A LOT OF QUESTIONS THROUGHOUT THE COMMUNITY ABOUT WHAT THIS NEW GENERAL STATUTE COVERS, AND IT'S NOT ENTIRELY ALL SETTLED YET, BUT UNLESS THE NONPROFIT IS FORMED BY THE STATE, UH, IT IS GOING TO FALL WITHIN THESE DEFINITIONS.
NOW I AM AWARE OF ONE LEGAL OPINION THAT SAYS IT HAS TO REALLY BE A 5 0 1, 3 C, UH, WHICH IS, YOU KNOW, A SUB TYPE OF ALL CLOSED SESSIONS.
BECAUSE WHEN YOU LOOK AT THE STATUTE, THE WORDING IS EXACTLY THE SAME AS THE IRS DEFINITIONS AND THE 5 0 1, 3 C, BUT THE LAW DOES NOT SPECIFICALLY ADDRESS THAT.
SO THAT IS EXACTLY THE TYPE OF OPINION THAT YOUR CITY ATTORNEY WOULD NEED TO RENDER BECAUSE HE HAS THE STATUTORY DUTY TO PROVIDE THE LEGAL ADVICE FOR THE TOWN.
AND JUST TO CLARIFY, WHAT'S, YOU'RE NOT SUPPOSED TO VOTE ON, IS IT FOR THE, THIS GOVERNING BODY THAT FUNDS THAT NON-PROFIT OR IS IT ANY VOTE FOR THE NONPROFIT BECAUSE THEY'VE RECEIVED FUNDS FROM THE GOVERNING BOARD? UH, IT AFFECTS THE ELECTED'S ABILITY TO VOTE.
ONCE THE ELECTED HAS MOVED TO THE NONPROFIT ROLE, HE'S NO LONGER SITTING AS AN ELECTED AND NOT IN MY OPINION, THAT LAW DOES NOT APPLY.
SO TECHNICALLY I PROBABLY SHOULD NOT VOTE ON OUR BUDGET BECAUSE OUR BUDGET INCLUDES FUNDING FOR C1 A, BUT I'M OKAY TO VOTE WITH THE C WHEN A BOARD, BECAUSE THEY'VE RECEIVED THE FUNDS FROM THE CITY THAT IS CORRECT.
AND YOUR MANAGER AND YOUR ATTORNEY CAN COME UP WITH VERY INNOVATIVE WAYS TO ADDRESS THE BUDGET ISSUE.
I KNOW ONE THING, SOME TOWNS NOW WE'RE TALKING ABOUT ON THE LISTSERV, WHICH IS, YOU KNOW, THE CHAT ROOMS FOR THE SCHOOL OF GOVERNMENT MAINTAINS IS FOR THERE TO BE A SET BUDGET FOR NONPROFIT FUNDING PERIOD ON THE, IN THE BUDGET.
BUT THEN AFTER THAT, THE BOARD VOTES INDIVIDUALLY ON WHAT NON-PROFITS RECEIVE WATCHING, WHAT, AND THEN YOU WOULD RECUSE FROM THANK YOU IN YOUR EXPERT OPINION, DO YOU THINK IT WOULD BE APPROPRIATE BECAUSE OF THIS NEW STATUTE FOR ALL ELECTED OFFICIALS TO DISCLOSE WHAT BOARDS THAT THEY SIT ON? JUST SO IT'S PUBLIC RECORD AND IT'S RECORD ON FILE FOR YOUR CONSTITUENTS TO KNOW, UM, THE LAW REQUIRES EACH TOWN OR CITY TO ADOPT A CODE ETHICS.
UH, AND I HAVE NOT REVIEWED YOUR CODE OF ETHICS, PICKING THAT ONE STEP FURTHER, SIR.
UM, SO IN MANY CASES WE ARE EX OFFICIOS ON BOARDS AND DON'T NECESSARILY HAVE A VOTING STATUS ON A BOARD, BUT WE SERVE AS EX OFFICIOS BECAUSE OF OUR, OUR ROLES AS ELECTED OFFICIALS IN THAT CASE, IS THAT THE SAME? WELL, UH, AGAIN, THIS IS GOING TO BE WHERE YOUR ATTORNEY COMES INTO PLAY BECAUSE THIS, THE WORDING OF THE STATUTE SAYS, MEMBER OF THE BOARD OR OFFICIAL OR MANAGER, I BELIEVE I'D HAVE TO LOOK AT THE EXACT STATUTE.
IT DOES NOT SAY EX OFFICIO, BUT QUEER IS EX-OFFICIO MEMBER OF THE BOARD AND HAS ASKED A NON-VOTING MEMBER.
IT'S A, IT'S A CLASSIC, A GRAY AREA THAT HAS NOT BEEN FULLY RESOLVED YET.
SO JESSICA CASE, WE PROBABLY WANT TO BE ABLE TO VOTE.
NO, BECAUSE REDEVELOPMENT, WHEN IT COMES TO US, WHEN THEY BRING ANY PLAN OR ANYTHING BACK TO THE BOARD, WE DON'T VOTE IN THE SESSION.
WE DON'T, WE DON'T HAVE A VOTE.
SO WE'RE, WE ARE EX OFFICIOS ON OUR REDEVELOPMENT COMMISSION, BUT REDEVELOPMENT COMMIT.
THEY'RE FUNDED BY THE CITY, IT'S IT WOULDN'T PERTAIN TO THIS.
WELL, IT DEFINITELY ONLY APPLIES TO INDEPENDENT NON-PROFITS.
AND IF IT'S JUST A REZONING COMMISSION, WHICH IS A SATELLITE BOARD OF THIS TOWN, IT IS NOT, IT DOESN'T HAVE ITS OWN TAX ID NUMBER.
IT'S NOT AN INDEPENDENT, WELL, I'M, I'M A LITTLE PUZZLE YOU CAN HELP ME OUT.
UM, ALMOST LOOKS TO ME LIKE IF, IF YOU WERE IN THE SPIRIT OF WHAT YOU'RE SAYING, I DON'T KNOW THAT WE COULD GET A QUORUM TOGETHER TO PASS A BUDGET.
THAT'S THE WAY I'M COMMENDING YOU TO YOUR GOOD WORK OF YOUR MANAGER AND YOUR ATTORNEY.
UH, THE LOCAL GOVERNMENTS ARE ALL TALKING ABOUT THIS BECAUSE THE BUDGET IS A COMPLEX PROBLEM.
[00:40:01]
THE RECOMMENDED PRACTICE THOUGH, IS TO, UH, CREATE, UH, SET ASIDES IN THE BUDGET THAT WOULD GO TO NONPROFITS THAT DIDN'T HAVE THIS SPECIFIC VOTE ON AWARDING TO THE NONPROFITS DONE.AND AFTER THE ADOPTION OF THE BUDGET, BECAUSE EVERYBODY NEEDS TO PARTICIPATE ON YOUR DOCTOR, THE BUDGET.
SO ARE YOU SEEING THAT OR WHY WE DO BUDGETS IN THE FUTURE? WE WOULD AMEND THIS.
COULD YOU ELABORATE ON WHAT YOU'RE SEEING AND THINKING IT'S TWO SEPARATE VOTES.
I WOULD SAY THERE'S TWO 17 VOTES A VOTE, HAVE THE BUDGET AND A VOTE FOR THE NONPROFIT, BUT YES, MA'AM, YOU WILL EAT YOU, YOU ADOPT YOUR BUDGET WITH A POOL OF NONPROFIT FUNDS AND THEN SUBSEQUENT TO THAT, YOU WOULD VOTE TO TAKE THAT POT OF MONEY AND FUND SPECIFIC NON-PROFITS.
BUT EACH OF YOU RECUSING YOURSELF DEPENDING ON THE NONPROFIT.
SO THAT'S SOMETHING THAT WE HAVE TO HANDLE THIS BUDGET.
AND THAT, THAT BILL GOT RED AND RALEIGH.
HOW MANY TIMES BEFORE IT BECAME, WELL, I'M JUST ASKING HIM MISS SEVERAL TIMES, CORRECT? IT'S NOT LIKE SOMEBODY JUST INTRODUCED THIS AND ALL OF A SUDDEN THE GENERAL ASSEMBLY PASSED IT.
SO, UM, I DON'T REMEMBER THE SPECIFICS, BUT THERE WAS ONE TOWN, UH, THAT THERE WAS AN ABUSIVE SITUATION.
UH, THE STATE REACTED TO THAT, UH, AND, UH, I'VE USED A BROAD NET IN MY OPINION.
SO THE INCOME SERVICES INTO PLAY THAT THEY PROBABLY DON'T, LET'S TALK ABOUT INCOME SERVICES.
UM, WELL, IF IT'S A VOTE TO PROVIDE IN KIND SERVICES, I WOULDN'T BE WEARING, UH, IF IT IS JUST, UM, UH, THE DAY TO DAY TRANSACTIONS THAT ARE VOTED ON BY THE BOARD.
I DON'T THINK THERE'S AN ISSUE THERE.
SO IF IT'S AN INCLINED, YOU KNOW, WE'RE SPEAKING SPECIFIC, IT WOULDN'T HAVE MATTER BEFORE CAUSE IT WASN'T LAW TILL NOW.
BUT SO, UM, YOU KNOW, OUR ANNUAL SWISS FAIR MUM FEST THE CITY PROVIDES IN TIME, UH, SERVICES SUCH AS OUR PUBLIC WORKS OR POLICE, WHATEVER.
AND THAT'S NOT A MONETARY FIGURE.
IT'S THAT? I DON'T KNOW IF YOU WOULD CONSIDER THAT PART OF OUR BUDGET, I ASSUME BECAUSE THE SALARIES AND THE OVERTIMES ARE ALL CONSIDERED IN THE BUDGET AND THERE'S THAT INSTANCE AGAIN, WHERE WE VOTE ON THE WHOLE BUDGET.
UM, SO THAT WILL MAKE IT INTERESTING THIS YEAR.
IF YOU'RE SAYING THAT IN KIND WOULD BE TREATED AS THE SAME.
WELL, I'M JUST GOING TO SAY, IT'S AN INTERESTING QUESTION THAT HASN'T BEEN FULLY THOUGHT OUT.
AND I ALWAYS SAID WHEN I WAS CITY ATTORNEY TO GIVE AN OFF THE CUFF OPINION AND I'M EVEN MORE RETICENT WHEN I CAN'T EVEN LEGALLY GIVE THE LEGAL OPINION.
SO I'VE GOT TO WORK, SCOTT IS WHAT HE SAY.
WELL, I DON'T, I DON'T HAVE TOTAL.
HAVE YOU GUYS BEEN FIGURING OUT HOW MANY OF THESE, UH, INDIVIDUAL ONES WE'RE GOING TO BE DOING? HOW MANY ARE WE GOING TO BE DIFFERENT? ABOUT 20 OF THEM ARE, WELL, IT'S ONLY THREE PEOPLE THAT I THINK SIT ON A BOARD THAT MAY BE AFFECTED BY THE BUDGET.
SO WE STILL HAVE A FORM TO GO, BUT OKAY.
SAID, BUT YOU CAN STILL GET A QUORUM.
I KNOW WE ONLY HAVE, BECAUSE JEFF SITS ON, SEE, WE MADE ONLY THREE ALSO.
HE WAS SAYING DO IT INDIVIDUALLY, JUST ON THAT PARTICULAR BUTTON.
SO EACH ONE WAS THE HOUSE ONE SEPARATELY.
WE'RE JUST DEPENDING ON SCOTT, THAT'S GOING TO BE A LONG MEETING BECAUSE YOU HAVE TO OFFICIALLY RE ASK THE BOARD TO ACCUSE YOU, THE BOARD HAS TO VOTE TO ACCUSE YOU AND THEN THEY VOTE.
AND THEN YOU HAVE TO ASK TO COME BACK.
I DON'T WANT TO MAKE SURE I UNDERSTOOD YOU TO SAY THAT YOU CAN'T PARTICIPATE IN THE DISCUSSION EITHER.
IS THAT CORRECT? IT SAYS THAT YOU SHOULD NOT PARTICIPATE IN THE DELIBERATION, UH, OR THE, OR SEEK TO IMPLEMENT, SO NO COMMENTS CAN BE MADE FOR OR AGAINST.
IS IT GOOD OUT THERE THAT, FROM WHAT YOU'RE SAYING FROM THIS AND WHERE WE'RE GOING IN THE FUTURE WITH TRANSPARENCY AND ALL OF THAT, A BOARD MEMBER SITTING ON A BOARD OR SOMETHING THAT THEY IN WRITING, UH, WRITE OUT THEIR POSITION ON A PARTICULAR BOARD AND HAND IT TO THE PARK OR SOMETHING, OR JUST VERBAL, OR SHOULD IT BE IN WRITING ON A PARK? LET'S SAY THAT I'M ONLY BOARD AND IT GETS $10,000 A YEAR, SHIT UP MYSELF, BRIAN OUT, AND I'M DOING THIS AND THEN ASKED TO BE RECUSED OR, AND IT CAN BE DONE EITHER WAY.
I JUST ADVISE TO BE DONE TO GIVE HEADS UP TO YOUR ATTORNEY BEFORE THE MEETING, UH, BECAUSE YOU KNOW, UH, CAUSE YOU KNOW, WHEN YOU, WHEN YOU'RE TWO HOURS INTO THE, THE TZ CAN MAKE A MISTAKE.
[00:45:03]
UM, WELL WE GOT YOU HERE AND YOU ARE THE, UH, COUNCIL.UM, SOMETIMES I CAN TELL YOU I'VE BEEN GIVEN A JERSEY, UM, PORTRAIT, UH, MADAM CLERK OR I'M HAVING, WELL, I DON'T WANT TO GET INTO THAT ONE, BUT, UM, IT HAS BEEN QUITE A FEW THINGS.
FIRST THING I DO IS I GIVE IT TO THE CLERK AND THEN SHE DOCUMENTS IT, ARCHIVES IT.
UM, I DON'T MIND IT BEING DISPLAYED IN THE MAYOR'S OFFICE, BUT IT'S NOT MINE.
IT'S UM, THE, WOULD YOU COMMENT A LITTLE BIT ABOUT COMING IN AND HOW, YOU KNOW, SENDS A SENTENCE SAYING AS A $5 MAGNET OR A $500, ANY ITEM? UM, WHERE'S THE DIVIDING LINE? WELL, UM, I'LL SPEAK FROM MEMORY HERE, BUT THERE ARE A SPECIFIC STATE STATUTES REGARDING RECEIVING GIFTS.
AND ONE, WE KNOW THAT WE'RE NEVER GOING TO ACCEPT ANYTHING OF MONETARY VALUE IN EXCHANGE FOR A POSITION OR A FOOT BECAUSE THAT'S PRODUCT AND IT'S A FELONY NOW, UH, ITEMS OF NOMINAL VALUE CAN BE ACCEPTED.
UH, WHEN YOU GO AS A SPEAKER AND YOU RECEIVE, UH, YOUR LITTLE BAG OF GOODIES, YOU KNOW, THAT'S CONSIDERED ACCEPTABLE.
UH, THE LAW EVEN SAYS, OH, WE BETTER GO AHEAD AND EXPLAIN THAT BAG OF GOODS.
NOW THERE BE SOME GOODIES IN THAT BAG.
I MEAN, LIKE, YOU KNOW, THE, WHETHER IT'S A, LIKE I'VE GOT A USB DRIVE ON ME SOMEWHERE, YOU KNOW, THAT WAS REALLY HOT TO GIVE TO PEOPLE A COUPLE OF YEARS AGO WHEN DUNCAN NOVEL, IF IT'S A CAR, YOU KNOW, THAT'S ILLEGAL.
UH, BUT INTERESTINGLY ENOUGH, YOU KNOW, THE LAW SAYS YOU CAN ACCEPT AN HONORARIA IN MANY COMMUNITIES AND HONORARIUM FOR SPEAKING DID MONEY.
RIGHT? UH, AND SO THE LAW HAS BEEN FLEXIBLE ENOUGH TO ALLOW THAT, UH, YOU KNOW, SO, UH, BUT THE STATUTE ITSELF NEEDS TO BE GOING OVER, UH, WOULD HAVE HAPPILY TALKED ABOUT THAT TOO.
BUT I LEFT THAT PART OF MY PRESENTATION, YOU KNOW, IT'S IT'S, AND HERE'S A, HERE'S A CLASSIC EXAMPLE.
THE CHRISTMAS BASKET, NO, THE, THE SOMEONE DROPS BY THE HUGE MEAT AND CHEESE THING AND IT'S CHRISTMAS TIME AND THEY REALLY APPRECIATE YOUR SERVICE AS AN ELECTED OFFICIAL.
AND IT'S SITTING THERE, RIGHT.
YOU KNOW, THEY PUT IT INTO YOUR HANDS, YOU KNOW, WHAT ARE YOU SUPPOSED TO DO? IT'S NOT A NOMINAL VALUE.
AND WHAT IS THE RECOMMENDED, UH, RESPONSES TO TAKE THAT TO THE CLERK OR TAKE IT TO THE EMPLOYEE BREAK ROOM AND PUT A LITTLE NOTE ON IT AND SAY ENJOY IT BECAUSE CITIES AND TOWNS CAN, EXCEPT INDIVIDUAL ELECTED OFFICIALS MAY BE RESTRICTED, BUT DON'T PUT A TAG ON IT THAT SAYS COMPLIMENTS OF THERE OUTLAW.
IT'S FROM THE DONOR AND THE MAYOR IS ACCEPTING.
AND ABOUT HALF OF THE TOWN, NO, THE QUESTIONS IS FOR HIM FOR COMING TO NEWBURN.
OH, WHAT A GREAT OPPORTUNITY TO GET OUT OF THE OFFICE.
AND I'LL BE HEADING DOWN TO WILMINGTON TOMORROW TO CONTINUE THE NEWLY REELECTED, UH, CONFERENCE.
AND, UM, BUT WITH YOUR PERMISSION, I'M GOING TO EXCUSE MYSELF AND HAND THE REMOTE BACK TO COMPANY.
DON'T TELL HER FRIENDS AND BOARD FOSTER.
[8. Presentation on an Affirmative Action Plan by the New Bern People' s Assembly]
YEAH.YOUR NEXT ITEM IS A PRESENTATION ON AFFIRMATIVE ACTION PLAN BY THE NEIGHBOR OF PEOPLE'S ASSEMBLY.
AT THIS TIME, I'D LIKE TO ASK FOR THE STEWARD AND BAILEY EVANS TO COME UP AND MAKE THE PRESENTATION.
THIS IS CURTIS STEWART AND I BAILEY EVANS.
WE'RE HERE ON BEHALF OF THE NEWBURGH PEOPLE'S ASSEMBLY, UH, TO PRESENT AN AFFIRMATIVE ACTION PLAN FOR THE CITY GOVERNMENT'S WORKFORCE.
UH, THE PLAN WAS DRAFTED BY OUR EMPLOYMENT COMMITTEE, UH, WITH THE COUNCIL OF THE NORTH CAROLINA CHAPTER OF THE NATIONAL CONFERENCE OF BLACK LAWYERS AND IS SUPPORTED BY MANY MEMBERS OF OUR COMMUNITY.
UM, BEFORE WE DISCUSS THE ACTUAL PLAN, WE'D LIKE TO BRIEFLY EXPLAIN WHY WE AND OTHER MEMBERS OF THE COMMUNITY BELIEVED THAT NECESSARY TO ADOPT THIS PLAN WITHOUT DELAY.
SO FIRST WE'LL TAKE A LOOK AT THE CURRENT DEMOGRAPHICS OF THE CITY GOVERNMENT WORKFORCE.
UH, THIS INFO WAS PROVIDED TO US BY THE CITY'S
[00:50:01]
HR DEPARTMENT AND THE SET OF THE 456 PEOPLE EMPLOYED BY THE CITY OF NEWBURGH.77% ARE WHITE AND 18.6% ARE BLACK AND OTHER MINORITY GROUPS ARE ALSO ONLY MARGINALLY REPRESENTED NEARLY 75% OF THE EMPLOYEES IDENTIFIED AS MALE.
UM, WHEN WE LOOK AT THESE NUMBERS BY DEPARTMENT, IT'S A LITTLE BIT SMALL.
UH, WE SEE THAT, UH, MINORITY GROUPS ARE UNDERREPRESENTED IN NEARLY EVERY AREA EXCEPT FOR IN PARKS AND REC.
AND IN GENERAL, MOST OF THESE DEPARTMENTS ARE DISPROPORTIONATELY WHITE AND MALE.
SO IT'S IMPORTANT TO LOOK AT THESE NUMBERS BECAUSE LOCAL GOVERNMENT BETTER SERVES ITS PEOPLE.
WHEN THE WORKFORCE ACCURATELY REFLECTS THE COMMUNITY, IT'S BEEN OBJECTIVELY PROVEN THAT DIVERSITY IN THE WORKPLACE HAS THE POTENTIAL TO INCREASE PRODUCTIVITY, CREATIVITY, AND CULTURAL UNDERSTANDING.
SO LET'S COMPARE THOSE WORKFORCE DEMOGRAPHICS TO THOSE OF OUR CITY AT LARGE.
SO WHAT WE SEE IS THAT THE POPULATION OF SLIGHTLY OVER 31,000 IS 58.9% WHITE AND 30.4% BLACK.
AND THE WOMEN ORIGINALLY OUTNUMBERED THE MEN.
SO THIS IS QUITE A CONTRAST TO THE OVERWHELMINGLY WHITE MALE MAJORITY AMONG THE CITY PERSONNEL.
AND IT'S EASY TO SEE THAT NEARLY ALL HISTORICALLY MARGINALIZED GROUPS ARE SERIOUSLY UNDERREPRESENTED IN OUR LOCAL GOVERNMENT WORKFORCE, BLACK CITIZENS AND WOMEN IN PARTICULAR ARE HUGELY LACKING IN REPRESENTATION HERE.
AND WE THINK THIS IS A SERIOUS PROBLEM FOR THE CITY.
NEWARK CAN ONLY BENEFIT FROM JOINING THE HUNDREDS OF OTHER CITIES THAT ARE TAKING A PROACTIVE APPROACH TO SOLVING THIS.
UM, I'M GOING TO TURN IT OVER TO THE CHAIR OF OUR EMPLOYMENT COMMITTEE, CURTIS STEWARDS, SO THAT HE CAN GET INTO A LITTLE MORE DETAIL ABOUT WHAT EXACTLY AN AFFIRMATIVE ACTION PLAN IS AND IS NOT THANK YOU.
UH, FIRST AND FOREMOST, I JUST WANT TO SAY, UH, WE APPRECIATE YOU GUYS, UH, ALLOWING US TO GET ON THIS AGENDA.
UH, I THINK THERE'S BEEN SOME BACK AND FORTH IN REGARDS TO THIS.
I THINK THERE'S BEEN SOME CONVERSATION, UH, WITH ALDERMAN, UM, IN REGARDS TO THIS AND THE FACT THAT A, OF YOU GUYS TOOK THE TIME TO SIT DOWN WITH US AND HAVE SOME CONVERSATION I THINK IS, UH, LISA APPRECIATED, UH, AND UNDERSTOOD THAT THERE IS SOME THINGS THAT NEED TO COME CHANGE.
UH, WE SAT DOWN WITH THE CITY ATTORNEY AND SAT DOWN WITH THE MAYOR.
WE SIT DOWN WITH SABRINA, WE SAT DOWN, UH, WITH, UH, UH, UH, BULLOCK.
I THINK THE INFORMATION MAY HAVE BEEN BROUGHT UP BY ANOTHER ELEMENT SOME, SOME YEARS AGO.
AND I THINK OUR PEOPLE KIND OF TOOK THE PEOPLE'S ASSEMBLY, TOOK THIS, UH, COMMON TOPIC AND RAN WITH IT.
UH, AND WE, AGAIN, JUST APPRECIATE YOU GUYS LISTENING TO US AND LET US BRING THIS TO THE TABLE, UM, IN A NUTSHELL, UM, AND YOU KNOW, I'M NOT GOING TO GO THROUGH EACH SLIDE, UH, SLIDE BY SLIDE.
I THINK IN CONVERSATION, WE RECOGNIZE THAT THERE MINORITIES ARE NOT REPRESENTED WELL IN OUR CITY.
UH, THAT CAN BE FROM A COUPLE OF DIFFERENT THINGS THAT CAN BE FROM RECRUITMENT.
AND THAT CAN BE FROM ADVERTISEMENT.
THAT CAN BE JUST FROM LACK OF, UH, RESUMES COMING IN THAT ARE QUALIFIED.
UH, I THINK SIMPLY WHAT WE'RE ASKING FOR IS A PLAN TO BE PUT FORTH.
WE HAVE A PLAN, UH, WE HAVE A PLAN THAT'S IN FRONT OF YOU GUYS THAT WE WANT TO PRESENT.
UH, INSTEAD OF ME DOUBT THE VISION AND THEN WE HAVE THE PLAN TO MAKE THAT HAPPEN, OBVIOUSLY NEW BURNERS UP AND COMING VIBRANT CITY.
UM, THERE'S PLENTY OF DIFFERENT THINGS GOING ON.
HOWEVER, WE'RE JUST KIND OF MISREPRESENTED, UH, AS IT RELATES TO MINORITIES AND MINORITIES ARE NOT JUST OBVIOUSLY AFRICAN-AMERICANS, WE HAVE TERRIBLE NUMBERS AS IT RELATES TO WOMEN, UH, THE LBGT COMMUNITY, UH, AND OTHER DIFFERENT SITUATION, GENERAL ASIANS, MEXICANS, ET CETERA, ET CETERA.
UM, WHAT WE DO NOT WANT IS JUST TO KIND OF GET A QUOTE UP.
WE DON'T WANT TO JUST PUT THIS IN A SITUATION, UH, AND YOU GUYS JUST KIND OF, WE KIND OF HIT SOME NUMBERS.
WE REALLY WANNA WORK THIS PLAN THAT WE'VE KIND OF PUT TOGETHER AND GET YOU GUYS TO ADOPT THAT PLAN.
CAN WE GO TO THAT NEXT LEVEL? UM, WHAT WE'RE ASKING TO DO IS FOR US TO HAVE SOME ACCOUNTABILITY AROUND THIS, UH, WE'VE KIND OF PUT TOGETHER A COUPLE OF DIFFERENT THINGS IN REGARDS TO THAT, UM, THAT WE CAN GO TO THE NEXT SLIDE.
SO WHAT WE'RE LOOKING FOR HERE IN A NUTSHELL IS TO KIND OF GET EQUITY AND DIVERSION AND INCLUSION OFFICER.
UH, AND WITH THAT BEING SAID, WE'RE LOOKING TO HAVE A CONTRACTOR POSITION WITH YOU GUYS AND ALSO HAVING A MODULATORY COMMITTEE THAT SPEAKS TO FOR COMMUNITY COMMUNITY MEMBERS AND THEN THREE MEMBERS THAT ARE APPOINTED BY THE BOARD, UH, WITH THAT GROUP.
UH, WE WOULD LIKE TO KIND OF, UH, WORK WITH YOU GUYS IN THAT, UH, DIVERSITY AND EQUITY INCLUSION OFFICER TO KIND OF PUT TOGETHER AND IMPLEMENT THIS PLAN THAT WE'VE BEEN TALKING ABOUT.
I KNOW IN CONVERSATION, THERE WAS SOME DISCUSSION IN REGARDS TO TRAINING, UH, AND TRAINING BEING NEEDED.
HOWEVER, I THINK THAT WE WOULD LIKE THIS INPUT TO COME FROM THE COMMUNITY AND NOT NECESSARILY THE BOARD AT LARGE.
I THINK IN CONVERSATION AGAIN, YOU GUYS HAVE, UH, THE PEOPLE THAT WERE AT THE TABLE, UH, MENTIONED THAT THEY DO SEE THIS AS SOMETHING THAT WE NEED TO WORK ON.
[00:55:01]
KIND OF TALK ABOUT WHAT'S HAPPENED IN THE PAST.THERE'S NOTHING WE CAN DO ABOUT THAT, BUT WE CAN DO TODAY IS LOOK AT THE NUMBERS, LOOK AT THE SITUATION THAT WE'RE IN AND TRY TO MOVE FORWARD AND PUT TOGETHER AND IMPLEMENT THIS PLAN.
UH, SO WITH THAT BEING SAID, WHAT WE WOULD ASK IS THAT, UH, AND THE PLAN, I THINK YOU GUYS HAVE RECEIVED THAT PLAN.
UH, I DON'T KNOW IF EVERYONE'S SEEN, I KNOW THERE WAS A MEETING OVER AT THE OMEGA CENTER, UH, WITH SOMEONE WAS SOMEONE THAT, UH, PEOPLE THAT WERE RUNNING FOR OFFICE HERE.
SOME PEOPLE HAD NOT SEEN IT, SOME PEOPLE HAD SEEN IT.
UM, BUT AGAIN, IF YOU LOOK AT THE NUMBERS THAT THEY HAVE SHARED WITH THE GODS BASED ON WHAT YOU PROVIDED, UH, IT'S OBVIOUSLY A HUGE GAP AND I DON'T WANT TO BE IGNORANT TO THE FACT THAT MAYBE THERE HAS BEEN, UH, SOME APPLICANTS THAT ARE NOT QUALIFIED.
UH, BUT I THINK THAT WE HAVE A VISION OF, UH, RECRUITMENT ADVERTISING AND THEN HAVING AN IDENTIFIED PERSON TO WORK, TO BRING MINORITIES INTO CRAVEN COUNTY.
UH, OBVIOUSLY WE'RE A TOURIST CITY.
UH, WE, AND NOT JUST FROM A STANDPOINT OF EMPLOYMENT FROM, UH, UH, MINORITY CONTRACTS AND OTHER THINGS IN THAT NATURE, I THINK IS WHAT WE'RE LOOKING FOR AND GOING TODAY, I THINK, UH, IT WOULD BE A WIN FOR US, FOR YOU GUYS TO AT LEAST CONSIDER, UH, A CONTRACTOR POSITION, UH, FOR THAT.
COULD YOU EXPLAIN CONTRACT POSITION, EXPLAIN CONTRACT POSITION, UM, YOU WANT TO SPEAK ON, WE'RE LOOKING FOR, WE WOULD LIKE TO HAVE SOMEBODY WHO IS NOT NECESSARILY A MEMBER OF THE CITY EMPLOYMENT, YOU KNOW, LIKE NOT CREATING A BRAND NEW POSITION ON THE CITY STAFF.
WE'D RATHER HAVE SOMEBODY WHO'S AN INDEPENDENT CONTRACTOR, LIKE A LONG-TERM THREE TO FIVE YEAR WITH THE OPTION TO RENEW, SO THAT IT'S SOMEBODY WHO CAN BE SEPARATE FROM THE CITY AND REALLY FOCUS, DIG IN ON THE DIVERSITY EQUITY INCLUSION, FINDING THOSE ACCOUNTABILITY MARKERS WAYS TO MAKE THIS MEASURABLE AND WAYS TO MAKE IT SUSTAINABLE AND BE ABLE TO WORK WITH ALL THE DEPARTMENTS IN THE CITY ROAD.
HAVE YOU, HAVE YOU BEEN ABLE TO FIND OTHER CITIES THAT HAVE EMPLOYED THAT TYPE? GIVE ME SOME EXAMPLES.
WAKE COUNTY RECENTLY JUST HAD TO SHOW ME IN THAT POSITION.
WHAT IS THE POPULATION OF THOSE COMMUNITIES? UM, IT'S OVER 30,000, BUT I THINK IN, IN YOUR RESPONSE TO THAT, AND I THINK YOU MENTIONED IT TO THEM IN A MEETING SABRINA, THAT OUR CITY IS A LITTLE SMALLER, BUT I THINK WE HAVE A MUCH BIGGER PROBLEM THAN THEY DO.
IF YOU LOOK AT THE NUMBERS, UM, WE'RE NOT, IT'S JUST NOT REFLECTED.
AND I THINK, UH, IN DURHAM COUNTY, UH, OTHER PLACES THAT ARE SIMILARLY THAT ARE SMALLER THAN US AND AROUND A SIMILAR SIZE THAN US, JUST ACROSS THE COUNTRY, WHEN WE WENT THROUGH FOR OUR PLAN, THAT'S THE FIRST PLACE WE LOOKED FOR PLACES THAT WERE SIMILAR AROUND OUR SIZE AND THE FIRST PLACE WE FOUND WAS VERMONT.
BUT WE HAVE PLACES HERE IN PHILADELPHIA, OHIO, ILLINOIS, MICHIGAN, NEW YORK, AND THEN THEY'RE PRETTY ACTIVE IN THE TRIANGLE AREA.
IT'S SOMETHING THAT THEY'RE WORKING ON AND THERE'S NOT REALLY A SCIENCE FOR THIS KIND OF PLAN, NOT AT ALL.
AND I THINK, AGAIN, IT'S, IF YOU LOOK AT THE NUMBERS THAT WE HAVE, UH, YOU KNOW, IT'S, IT'S ONE POPULATION THAT IS VERY LARGE HERE.
AND, UH, AGAIN, IT'S NOT JUST MINORITIES, DON'T JUST SPEAK TO AFRICAN-AMERICANS.
I THINK WE NEED TO BE CLEAR ON THAT THERE WOMEN ARE NOT REPRESENTED ACROSS THE CITY GOVERNMENT HERE.
AND I THINK, UH, IT NEEDS TO BE AN IDENTIFIED PLAN, SOMEONE THAT IS WORKING DAY IN AND DAY OUT TO HELP RECRUITMENT FOR THIS AREA.
AND DO YOU HAVE IN YOUR RESEARCH, HOW DOES THAT PERSON WORK MORE CLOSELY WITH THE HR DIRECTOR OR THE CITY MANAGER OR DEPARTMENT HEADS? WHAT IS THE FLOW OF THAT POSITION WITHIN CITY GOVERNMENT? THAT PERSON WORKS DIRECTLY WITH THAT OBSERVATORY COMMITTEE THAT WE SPEAK TO THOSE SEVEN MEMBERS, UH, FOR THOSE MEMBERS BEING APPOINTED BY THE COMMUNITY AND THREE OF THOSE MEMBERS BEING APPOINTED BY YOU GUYS.
AND SO AGAIN, HOW DOES THAT COORDINATE AND FLOW IS WITH THE REGULAR 456 EMPLOYEES OF THE CITY, THE YOU DOES THAT CONTRACT POSITION CONSULT WITH HR MORE SO, OR THE MANAGER? I THINK THEY'LL PROBABLY END UP WORKING THAT NEED TO CONSULT WITH THE CITY MANAGER MORE.
THEY'LL HAVE TO DO A LITTLE BIT OF WORK WITHIN EVERY DEPARTMENT AND ALSO BE REGULARLY PRESENTING TO YOU ALL.
I THINK THAT HOPEFULLY YOU ALL HAVE AVAILABLE TO YOU THAT HAS A BIT OF A LONGER LIST OF THE PEOPLE THAT THEY WOULD HAVE TO INTERACT WITH BECAUSE THERE WOULD, OF COURSE BE THEY'RE NOT, YOU KNOW, THE PERSONNEL WAS ON PEOPLE HIRING.
THERE'S LOTS OF PEOPLE THAT ARE HIRING AND DOING THAT KIND OF THING THAT WOULD NEED TO GET SOME OF THAT TRAINING THAT WE TALKED ABOUT.
THEY NEED TO BE INVOLVED IN THAT OUTREACH.
SO I THINK IT'D BE WORKING WITH A VARIETY OF PEOPLE ON THE STAFF QUESTION.
WHEN YOU SPOKE WITH HR, IS GC FIND ANY FINDINGS THAT, UM, ANYTHING THAT THEY WAS DOING ILLEGAL IN HIRING, UH, DID THEY SHARE WITH YOU THE HIRING PRACTICES, UH, DID THEY SHARE WITH YOU, UM, WHEN A PERSON COMES IN TO FILL OUT AN APPLICATION,
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NORMALLY IT'S NOT COMPLETED.AND, UM, I'M JUST TRYING TO UNDERSTAND WHERE YOU'RE GOING AND HOW YOU GOT THERE AND WHAT YOU SEE THAT, UH, THAT WE ARE NOT DOING THAT WE NEED TO DO.
I'M JUST TRYING TO GET AN UNDERSTANDING ON THAT.
I DON'T THINK THERE'S A NAME HAYES WAS A PART OF THE MEETING THAT WE HAD.
I THINK SHE, SHE, IN MY OPINION, SHE GAVE US VERY GOOD INFORMATION.
I DON'T THINK IT WAS A RIGHT OR WRONG.
I DON'T THINK IT WAS ANYTHING ILLEGAL THAT THAT WAS BEING DONE.
I THINK JUST FROM A STANDPOINT OF THE RECRUITMENT PROCESS FOR MINORITIES TO COME TO NEW BERN HAD NOT, THEY HADN'T BEEN IN IT.
HASN'T JUST BEEN ENOUGH FOR THAT.
UH, HADN'T BEEN IN A BY PLAN AND BASED ON THE NUMBERS, WE WANT SOME PACIFIC SOMEONE THAT IS DIRECTLY WORKING TO RECRUIT MINORITIES TO NEWBURN BASED ON THE POPULATION IN WHICH WE HAVE.
UH, BUT I THINK SHE GAVE ME SOME GOOD INFORMATION.
UM, SHE MADE, SHE MADE ME CLEAR THAT SHE WAS NOT THE PERSON THAT HIRED THE DEPARTMENT HEADS.
SHE DIDN'T OVERACHIEVE WAS NOT THE PERSON THAT DID ALL THE HIRING FOR EACH PERSON.
SO, UH, BUT I DON'T THINK IT WAS NECESSARILY ANYTHING ILLEGAL THAT WE KIND OF FELT.
WE JUST FELT LIKE IT WASN'T ENOUGH BEING DONE TO RECRUIT WHEN NORTHERN SYDNEY AREA, DO YOU THINK ENOUGH PEOPLE ARE APPLYING? WELL, WHAT WE UNDERSTOOD IS THAT THERE IS THAT THEY POST THE JOBS ON THE WEBSITE AND THOSE THAT'S WHERE IT'S AVAILABLE.
WE THINK WE HAVE IN OUR PLAN, THERE'S A COUPLE OF DIFFERENT SECTIONS ABOUT OUTREACH AND RECRUITMENT, WHERE THERE'S JUST MANY MORE WAYS TO GO OUT AND ACTIVELY BE RECRUITING.
THOSE QUALIFIED CANDIDATES IS THAT'S OPERATING HERE IS THE LACK OF QUALIFIED CANDIDATES.
AND WHAT CAN WE DO ABOUT THAT? WELL, THERE'S A LOT OF THINGS THAT WE CAN DO ABOUT THAT, BUT IT'S A FULL-TIME JOB.
IT'S NOT SOMETHING THAT YOU CAN PUT ON ANYBODY ELSE OR TRYING TO MAKE THEM CARRY ON BECAUSE IT'S REALLY ACTIVELY SEEKING OUT DIFFERENT ORGANIZATIONS WITHIN THE COMMUNITY AND WITHIN THE STATE AND BUILDING RELATIONSHIPS TO BE ABLE TO GET THESE