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Showing posts with label CLTCC. Show all posts
Showing posts with label CLTCC. Show all posts

Monday, November 10, 2014

City of Charlotte Won't Release Records about CMPD Officer Arrests, Internal Affairs, Policies


Citynewswatch decided to publish a response from City of Charlotte Attorney Robert Hagemann received after asking City Manager Ron Carlee to give correct information about arrests of CMPD officers and Internal Affairs complaints about CMPD officers.

While Citynewswatch sent a request for comment and additional information only earlier today to Carlee, Hagemann answered in his stead and made it clear he had no intention of providing the public records or requisite legal reasons for denial.  He simply expressed a personal “satisfaction” that others have been “appropriately responsive” to requests.

The only appropriate response to a Public Records request is to provide the records or a correct reason to deny or provide redacted records. 

Redacted Internal Affairs complaints have been denied completely without explanation.

After plenty of time to respond, the list of police officers who have been arrested was stated as complete by CMPD Public Information Officer, but proven incorrect.  This causes concern over how many other arrests may be yet undiscovered, as well as how much of the disciplinary action list provided may be true or may be missing.   Hagemann has ignored requests for policies and other regular records.  He wants an attorney to call and have a chat with our city's attorney.  A conversation isn't documentation.  It doesn't meet the public record requirement, either.  The request submitted does not need clarification.  It needs to be met.

How much longer will the City Council allow the City Manager to run the staff in this manner over issues as serious as crimes alleged or committed by police officers?  Please see the full list of information requested, including policies designed to promote transparency and fairness within the ranks of the police department. 

Citynewswatch will post responses – or lack of responses – as they develop.




citynewswatch charlotte <citynewswatch@gmail.com>
From:  Citynewswatch.blogspot.com
To: City of Charlotte Manager Ron Carlee
Date:  November 10, 2014

CMPD Arrests and Discipline Public Records Request

Dear City Manager Carlee,

Our Editorial Staff has received information that CMPD Information Officer Brian Cunningham gave information responsive to a Public Records Request which was either intentionally false, missing obvious information, or which may contain numerous false or missing pieces of information about criminal charges against Charlotte Mecklenburg Police Officers during 2013 and 2014 and disciplinary action taken related to those arrests and other disciplinary action. Specifically, multiple arrests of officers are known to be missing from the list provided as "complete" so all the information provided is suspect.

Also, requests for redacted copies of Internal Affairs complaints and redacted copies of disposition of those complaints have been denied by Brian Cunningham and CMPD Attorney Judy Emken.  City of Charlotte Attorney Robert Hagemann was contacted October 23, 2014 on these issues and it appears you have been copied prior to this as well, but records have not been forthcoming.

1.      Initially,  please provide immediate comment on:

a.      Why Senior Attorney Robert Hagemann has not even responded to requests for Public Records, and
b.      Why the Public Information Officer for the Charlotte Mecklenburg Police Department is giving out incorrect information about which police officers have been arrested, and
c.      Whether all CMPD officers arrested are processed in the same manner as other citizens, with fingerprinting and photographing, posted to the Sheriff’s public web site, and
d.      Whether the list of disciplinary action provided is accurate and truthful, or also must be corrected.

2.      Following soon, please give a projected completion date and provide these PUBLIC RECORD ITEMS:
a.      Provide a complete and accurate list of all CMPD officers arrested during 2012, 2013 and 2014.
b.      Provide a copy of disposition of those criminal charges
c.      Provide a complete and accurate copy of all termination letters for each CMPD officer terminated/separated during 2012, 2013 and 2014.
d.      Provide an appropriately redacted copy of all CMPD Internal Affairs complaints submitted and their associated dispositions for 2012, 2013 and 2014.
e.      Provide a copy of any and all policies relating to criminal charges against a City of Charlotte employee (CMPD or otherwise), including but not limited to CMPD employees and especially  concerning:
 i.     Criteria and who makes the determination for paid or unpaid leave or suspension,
ii.     Criteria and who makes the determination whether City of Charlotte will pay  for a criminal defense if necessary,
iii.     Criteria and who makes the determination whether City of Charlotte will pay for a  civil attorney if necessary,
iv.     Criteria and who makes the determination of when and what to notify the DA’s office of cases involving an arrested officer,
v.     What criteria and timing determine if an officer is relieved of their gun when arrested and when they may be reissued their service gun or permitted to have other weapons,
vi.     Whether any convicted criminals are permitted to be CMPD officers,
vii.     Any policies related to hiring of officers with arrest records (ie, may an officer with record of arrest be hired? And if so, under what circumstances?),
viii.     Any other policies related to arrested officers

Please explain why no action is being taken to provide these records and give any comment you wish.

Thank you,
Citynewswatch Editorial Staff
Citynewswatch.blogspot.com
Citynewswatch@gmail.com

CC:  dclodfelter@charlottenc.gov,
rhagemann@charlottenc.gov,
jemken@cmpd.org,
bcunningham@cmpd.org,
rmonroe@cmpd.org
sharrison@charlotteobserver.com,
rthames@charlotteobserver.com



received from:
Hagemann, Robert

to Ron, Daniel, me, Judy, Brian, Rodney, sharrison, Rick

To Whom it May Concern:

Following is the substance of an email that I just sent <name withheld>, the “individual” who I am confident made the requests you are referring to.  I refer you to that by way of explanation.
----------------------------------
<name withheld>
I have discussed this matter with Ms. Emken and Cpt. Cunningham and am satisfied that they have been appropriately responsive to your public records requests.   Cpt. Cunningham will supplement the documents previously provided for 2013 and 2014 to include 2012 now that you have made that request.

Cpt. Cunningham has asked me to pass along his phone # so you can speak directly with him regarding this matter - 704-336-4098.  Should you or your attorney wish to speak with an attorney for the City, Ms. Emken is your point of contact - 704-353-1062.

Bob
Robert E. Hagemann
CITY ATTORNEY
OFFICE OF THE CITY ATTORNEY
PH:704.336.2651
FAX: 704.632.8331
rhagemann@charlottenc.gov
www.charlottenc.gov

From: citynewswatch charlotte [mailto:citynewswatch@gmail.com]
Sent: Monday, November 10, 2014 1:47 PM
To: Carlee, Ron
Cc: Clodfelter, Daniel; Hagemann, Robert; Emken, Judy; Cunningham, Brian; Monroe, Rodney; sharrison@charlotteobserver.com; Rick Thames
Subject: CMPD Arrests and Discipline Public Records Request

citynewswatch charlotte <citynewswatch@gmail.com>

to barnesforcharl., cfallon, info, vlyles, pkinsey, aaustin, lmayfield, gaphipps, jautry, krsmith, ed, Robert, Ron, Daniel, Judy, Brian, Rodney, sharrison, Rick
Mr. Carlee, Mr. Mayor and City Council Members,

Mr. Hagemann has sent an email which does not address the fact that multiple arrests were not documented by Brian Cunningham on what was presented as complete and truthful, how that was allowed to happen, or whether there are similar inaccuracies in the disciplinary statements provided.  Also not addressed is whether CMPD officers are given special treatment when arrested. 

These questions were addressed to you, Manager Carlee, as were the questions in section 2 which requires PUBLIC RECORDS of INTERNAL AFFAIRS COMPLAINTS and DISPOSITIONS, redacted as appropriate, POLICIES, and the other items listed, along with a projected time these items will be provided.  Mr. Hagemann has again ignored the PUBLIC RECORDS REQUEST for these items.  Please provide a correct legal response to each item rather than his general thoughts or perception that he thinks what seems to be avoidance of the law will be proper by the City Attorney on behalf of the City of Charlotte, the City Manager or its representatives.

Please reply to each issue addressed.

Thank You,

Editorial Staff Citynewswatch

Wednesday, January 22, 2014

CRB Reform Passed by City Council

Charlotte's City Council passed some of the proposed changes to the Citizens Review Board code by a vote November 25, 2013.  It contains significant changes, though not all the recommendations of either the Charlotte School of Law or of citizens seeking reform, including a coalition of groups called CRB REFORM NOW.

The changes require the police department to deliver the entire Internal Affairs file of the contested charges to the CRB.  Before, only a summary of information chosen by the police department was released to the Board.

The changes allow the CRB to ask for additional evidence.

The big request for subpoena power has not been met.



See the changes here (deletions from original shown in strikeout text, additions are underlined):


ORDINANCE NUMBER: 5259 AMENDING CHAPTER 16

AN ORDINANCE AMENDING CHAPTER 16 OF THE CHARLOTTE CITY CODE 
ENTITLED “POLICE” 

BE IT ORDAINED by the City Council of the City of Charlotte, North Carolina, that:

Section 1. Article II, Division 2 of Chapter 16 of the Charlotte City Code is amended as
follows:
DIVISION 2. - CITIZENS REVIEW BOARD
Sec. 16-56. - Creation; composition; terms; compensation; appointments; vacancies; quorum; removal.
Sec. 16-57. - Meetings.
Sec. 16-58. - Duties and responsibilities.
Sec. 16-59. - Appeal procedureRequest for appeal hearing.
Sec. 16-60. - Necessity for hearingHearing.
Sec. 16-61. - Hearing proceduresReserved.
Sec. 16-62. - Action by chief of police and city manager.
Sec. 16-63. - City clerk's duties; meeting places; staff.
Sec. 16-64. - ReportsMiscellaneous.

Sec. 16-56. - Creation; composition; terms; compensation; appointments; vacancies; 
quorum; removal. 
(a) There is hereby established a citizens review board to be composed of 11 members: five members
to be appointed by the city council, three members to be appointed by the mayor and three to be
appointed by the city manager. The appointing authorities shall ensure that the members of the
board are representative of the community.
(b) Members must be continually domiciled within the county and must be registered to vote within the
county.
(c) Board members shall attend and successfully complete the Charlotte-Mecklenburg Police
Department's Citizens' Academy and receive training on relevant legal and, policy and cultural 
awareness issues as required by the city manager. This training must be completed prior to any
board appointee serving as a member of the board.
(d) Individuals with a felony conviction or a class A1 misdemeanor conviction shall not be eligible to
serve on the board. In addition, individuals with a class 1 or class 2 misdemeanor conviction within
three years of their nomination for appointment shall be ineligible to serve. Further, conviction of or a plea of nolo contendere to a felony, a class A1 misdemeanor, a class 1 misdemeanor, or a class 2
misdemeanor during the term of office shall automatically terminate membership on the board,
irrespective of any appeals. Board members charged with a felony, a class A1 misdemeanor, a class
1 misdemeanor, or a class 2 misdemeanor during a term of office shall be automatically suspended
until disposition of the charge, and a quorum shall be established from the remaining membership.
(e) Prior to serving, each board member must sign a confidentiality agreement that is satisfactory to the city and which shall require that members maintain as confidential any information classified as
confidential by state law or otherwise classified as confidential by the city.
(f) The members shall serve staggered terms of office for three years, with no member serving more
than two consecutive terms.
(g) The board shall elect a chairperson and vice-chairperson from the membership.
(h) When a vacancy occurs, the original appointing authority shall appoint a person to serve for the
unexpired term of the vacant position.
(i) Six members shall constitute a quorum in order to hold business meetings and hearings. Members
are required to attend all business meetings and hearings in accordance with the attendance policies
promulgated by the city council. Vacancies resulting from a member's failure to attend the required
number of meetings shall be filled as provided in this section.
(j) All members shall serve without compensation.
(k) Members of the board shall be subject to removal from office by a two-thirds vote of the city council.

Sec. 16-57. - Meetings. 
(a) The citizens review board shall hold regular meetings as scheduled by resolution of the board. The
affirmative vote of a majority, a quorum being present, shall be required before any recommendation
is made on any matter considered. A majority vote shall be required for any decision made by the
board.
(b) Special meetings may be called by the chairperson to carry out any duties described in section 16-58 by giving each member notice in writing, by providing personal notice, or by leaving notice at the
member's residence not less than 72 hours prior to the time set for the meeting.
Sec. 16-58. - Duties and responsibilities.
(a) The citizens review board shall:
(1) Serve as an advisory board to the chief of police, the city manager, and the city council.
(2) ReviewHear appeals by the citizens who filed complaints of disciplinary dispositions imposed by
the chief of police or his designee relating to allegations of misconduct against a sworn police
officer. The board may hear appeals of complaints regarding alleged violations of the following
rules: use of force, unbecoming conduct, and arrest, search and seizure. In addition, the
disposition of the review of any discharge of a firearm by an officer which results in the death or
injury of a person may be appealed to this board by the person injured or the next of kin if death
occurs. When a death results and there is no next of kin, any member of the city council or the
chairperson of the community relations committee may file an appeal pursuant to section 16-59.
The disciplinary actions that may be reviewed shall include the findings of the chief of police that
an allegation has been categorized as: sustained, not sustained, exonerated, or unfounded. The
dispositions that may be reviewed for the discharge of firearms shall include: justified, not
justified, or accidental. The board may review only appeals of citizen complaints arising from
incidents that occur after the effective date of the ordinance from which this section derives. The
board may not review appeals of decisions of the city manager or the civil service board. No 
hearing conducted under this division is intended to supplant civil or criminal remedies or 
proceedings, nor civil service proceedings under section 4.61 of the city charter. 
(3) Determine whether to hold an appeal hearing. The board may hold an appeal hearing only 
when it appears, based upon a preponderance of the evidence, that the disposition of the 
disciplinary charges entered by the chief of police constituted an abuse of, in its discretion by 
the chief of police.
(4) Conduct appeal hearings, which include receiving and evaluating testimony and issuing findings 
of fact and, also may make recommendations to the chief of police and the city manager. The 
duty and power of the board is to conduct an appeal hearing and to determine whether, by a 
preponderance of the evidence, the chief of police abused his discretion by: 
a. Finding in a disciplinary action that allegations were sustained, not sustained, exonerated 
concerning policies, procedures or unfounded; ortraining of police officers.
b. Finding in connection with the discharge of a firearm that the officer's action was justified, 
not justified, or accidental. 
(5(4) As required by state law, maintain as confidential all personnel information to which the
members gain access as a member of the board. In addition, board members shall be required
to execute and adhere to a confidentiality agreement that is satisfactory to the city.
(b) The citizens review board shall promulgate rules and regulations to effect its exercise of authority
under this division and shall keep such rules and regulations on file with the city clerk.

Sec. 16-59. - Appeal procedure Request for appeal hearing. 
(a) Under this division, all complaints will be investigated by the police department. Upon completion of an investigation, the chief of police shall, consistent with state law, notify the complainant by certified letter of the disposition of the complaint. The complainant also shall be informed of his right to appeal the decision of the department to the citizens review board.
(b) All appeals to the citizens review board must be made on a form approved by the board and filed in writing with the city clerk's office. The request must state the reason for the appeal and the nature of the incident and the basis on which the complainant contends that the action taken by the chief of 
police was in error. The citizen may seek the assistance of the community relations committee in
drafting and filing his appeal. The citizen must file this appeal within seventhirty (30) calendar days of receiving written notice of the disposition of the complaint. The citizen must provide a valid current address for the purpose of all notifications required to be made pursuant to this division.
(c) Upon receiving a request for an appeal hearing, the chairperson of the board shall direct the chief of police to prepare a summary ofdeliver the entire internal affairs case and forward the summaryfile to the chairperson city clerk for delivery to the members of the citizens review board. A meeting of the board will be held to discuss theThe chairperson may request for appeal. additional information from the complainant if deemed necessary. 


Sec. 16-60. - Necessity for hearing. 
(a) (d) The board may elect not to hear an appeal under this division if civil, criminal or civil service 
proceedings are instituted and pending. 

Sec. 16-60. Hearing. 
(a) Upon receiving a request for an appeals hearing, a meeting of the board will be held shall hold a 
hearing within 30forty-five (45) calendar days of the request. Notwithstanding the foregoing, the board may elect not to hear an appeal under this division if civil, criminal or civil service proceedings are instituted and pending. 
(b) (b) In The hearing shall be conducted in closed session to ensure compliance with all applicable 
laws, including those related to the confidentiality of criminal information or intelligence and personnel matters. The parties may be represented at the hearing by counsel or any other person of their choice. 
(c) The hearing will begin with the complainant and the department respectively, each in the absence of the other and the other’s representatives, presenting statements of facts to the board. Following 
receipt of the statements of facts, the board may, in its discretion, request additional statements, 
material, or information from the complainant and/or the department. After receiving the parties’ 
statements and any additional material or information provided, the board shall conduct deliberations 
in the absence of the complainant and the department. 
(d) Following the deliberations contemplated in subsection (c), in a public session, and consistent with section 16-58(a)(4), the chairperson shall indicate whether the board has decided to hold a hearing 
conduct additional evidentiary fact-finding and, if so, shall announce the date, time and place of the
hearing.proceedings. In order to conduct additional evidentiary fact-finding, the board must 
determine that there is substantial evidence of error regarding the disposition of the disciplinary 
charges entered by the chief of police. The chairperson shall notify the complainant and other
involved parties in writing of the decision and, if a hearing isevidentiary fact-finding proceedings are 
to be held, also shall advise all parties in writing of the reasons for the decision to hold a
hearingevidentiary fact-finding proceedings. 

(eSec. 16-61. - Hearing procedures. 
(a) If the citizens review board decides to conduct a hearing, itevidentiary fact-finding proceedings, 
those proceedings shall be concluded within 30forty-five (45) calendar days of the date of the
decision to hold an appeal hearing.them pursuant to section 16-60. Should the complainant or the
department desire a hearingto continue the evidentiary fact-finding proceedings to a date other than
that set by the board, the complainant or the department shall submit a written request for a change
of the hearing date of the proceedings, stating the reason for the request. The chairperson shall
approve or disapprove such request, provided that such request is received by the board at least
seven calendar days prior to the date ofset for the hearing. evidentiary fact-finding proceedings. For
good cause, the chairperson may continue the hearingproceedings from time to time, but all appeals
must be concluded within 30sixty (60) calendar days from the date of the decision to hold an appeal 
hearing. The hearing shall be conducted in a closed session, with at least six members of the board 
presentevidentiary fact-finding proceeding. 
(b)f) Evidentiary fact-finding proceedings shall be conducted as follows: 
(1) All witnesses must testify under oath.
(c2) All of the proceedings before the board shall be recorded.
(d3) All parties involved shall have the right to be represented by counsel or any other person
of their choice.
(e) 4) The board shall receive and evaluate evidence which may include testimony of the 
complainant, officers, and other witnesses, and documentary and physical evidence. The
complainant shall offer evidence first in support of his appeal. The department and officer shall
have the right to cross examine the complainant and his witnesses. Thereafter, the department
and officer shall have the right to offer evidence, and the complainant shall have the right to cross
examine the department's and officer's witnesses. At the conclusion of all the evidence, the
complainant or his representative, followed by the department and officer, may make a closing
statement.
(f5) Members of the board may question witnesses or request additional information or further
investigation at any point in the process.
(g6) Members who, in a particular case, have a conflict of interest shall not attend or
participate in the hearingproceedings and decision-making process.
(h) Within ten calendar days after(g) At the conclusion of the hearingevidentiary fact-finding 
proceedings, the board shall issue its written findingsdetermine whether, by the greater weight of 
fact tothe evidence, the chief of police and the city manager alongclearly erred by:
(1) Finding in a disciplinary action that allegations were sustained, not sustained, exonerated or 

unfounded; or

(2) Finding in connection with a recommendation. The findingsthe discharge of fact must a firearm 
that the officer's action was justified, not justified, or accidental. 
(h) Upon conclusion of the appeal process, the complainant shall be supported by a preponderance of 
the evidence and approved by a majoritynotified in writing of the decision of the board who were 
present at the hearing. 
and, to the extent permitted by applicable law, the reasons for the decision. 

Sec. 16-61. Reserved. 

Sec. 16-62. - Action by chief of police and city manager.
(a) The chief of police shall review the determination and findings of fact of the citizens review board and any other information at his disposal. The chief of police shall take such action as he deems
appropriate, consistent with state law and city policy. The chief of police will then, within seven
calendar days of the receipt of the board's recommendations, report his decision to the city manager.
(b) The city manager shall review the decision of the chief of police and, within seven calendar days of the receipt of the decision of the chief of police, take such action as he deems appropriate,
consistent with state law, and shall advise the chief of police of any intended action.
(c) The city manager shall notify all parties, including the citizens review board, of the decision of the city manager consistent with state law and city policy. The city manager also shall advise the city council of the outcome of the appeal. Notifications made under this subsection must be made within seven calendar days of the date that the decision of the city manager was initially communicated to the
chief of police.

Sec. 16-63. - City clerk's duties; meeting places; staff. 
(a) Under this division the city clerk shall:
(1) Act as secretary to the citizens review board;
(2) Keep the minutes of its meetings;
(3) Be custodian of all papers and records pertaining to the business of the board; and
(4) Perform such other duties as the board may require.
(b) The city council shall provide sufficient and reasonable rooms and use of public buildings for
meetings and hearings of the board as may be necessary.
(c) The city manager shall assign staff to support the functions of the citizens review board.

Sec. 16-64. - Reports Miscellaneous. 
(a) The citizens review board shall make a semiannual and an annual report of its actions for each
preceding year. These reports shall be kept in the files of the board and a copy delivered to the chief
of police, city manager, city council and the community relations committee.
(b) The board shall receive annually a report from the police chief concerning all complaints against 
department personnel and the disposition of such complaints. 
(c) The board shall recommend changes to the citizens review process to city council as deemed 

appropriate and approved by a majority of the board. 
(d) The board shall promote its visibility within the community by adopting procedures to educate citizens about the board process, and enhance citizen participation through process and procedural changes as deemed appropriate. 
(e) The board shall conduct legal, policy and cultural awareness training for its members, in addition to that provided pursuant to section 16-56(c), on a continuing basis as deemed appropriate. 

Section 2. This ordinance is effective immediately and shall apply to all appeals to the Citizens
Review Board filed after the effective date.

Approved as to form: _____________________ (signed by Carolyn D. Johnson)

 City Attorney

Tuesday, August 13, 2013

Missing Girls from Our Area


UPDATE:  Thanks to WCNC's Dianne Gallagher for pointing out that Tayviona Vandiver was located after two weeks.  Her name didn't come up in a search before posting this story except for the Charlotte Observer/WCNC partner link posted August 5 which shows her as "still missing" as of August 14.  It seems WCNC didn't tell the Observer, either.   Apologies for the error but so happy to know she is safe.  See the story at WCNC.com direct story here:



The Charlotte Observer is reporting about Rowan County only recently reported missing by her brother, even though authorities now say she’s been gone since 2011.  The full story can be found here, with excerpts shown below:


Police: Missing girl’s parents are being uncooperative

Investigators searching for a missing Rowan County teenager say nothing the girl’s adoptive parents told them during two days’ worth of questioning was true, and the family is not being cooperative.

Erica Parsons’ older brother reported her missing last week. It appears the last time people at the family home on Miller Chapel Road in Salisbury saw her was November 2011.

No one knows where Erica Lynn Parsons is, or who she left with in 2011

What isn’t in the Observer story but has been reported in other media is that both the maternal grandmothers have been dead since years prior to the time frame the adoptive parents claim Erica went to live with her grandmother, driven away with some unknown person.


WBTV reported tonight on the one week delay between the missing persons report and posting Erica’s information on the Center for Missing and Exploited Children’s site (http://www.missingkids.com).  What they didn’t report and what is notable is that another young girl from our area is also missing, but not on the site either: 
The full story from the Charlotte Observer on Monday, Aug. 05, 2013 is here:

A 12-year-old Charlotte girl is still missing.

Tayviona Vandiver was last seen at her house on Cold Water Lane on July 23.
She is 5-foot-5 and 110 pounds. She is black and has black hair, and police say she may need medical attention.

Officers say Vandiver has run away before, but never for this length of time. She is known to frequent the Redman Road area near the Forest Ridge and East Walk apartment complexes.

Anyone with information should call 911.

EXTRA TELEVISION COVERAGE FOR TAYVIONA?
Tayviona is not listed on the Missing Kids site.  She hasn’t been reported as found.  She is likely not the only child from our area who isn’t safely at home.  Please watch for her as well. 
Please talk to your children about their own safety and about how to help their friends—that they should “tell on” their friends to keep them safe.  If there are secrets too big for kids to handle, go get the right adult to help.  And keep trying until everyone is somewhere safe. 

Meanwhile, look for these two girls to bring them home, and make sure if you see them you tell them they are loved and people are only interested in having them home safe:

Photo Credit:  Charlotte Observer
TAYVIONA VANDIVER, Age 12, current picture, 5' 5"
Missing from CHARLOTTE

Photo Credit: Charlotte Observer
ERICA LYNN PARSONS
Photo from 2011
Missing from ROWAN COUNTY


SAFETY INFORMATION
There are a number of sites with good resources for having conversations with your kids.  One specific list comes from the www.missingkids.com site (see www.take25.org/FamilyResources ) and could make a big difference.  Remember, it’s not just one conversation.  Of course, nobody wants to scare kids, but we do want to prepare kids:

Child safety is a serious subject, but that doesn’t mean you can’t have an enjoyable time talking about it with children. Sing songs, tell stories, play games, and interact with kids in a way that makes them feel safer. Consider the following topics as you begin the conversation.
  • Teach children their full names, address, and home telephone number
  • Make sure they know your full name
  • Make sure children know how to reach you at work or on your cell phone
  • Teach children how and when to use 911 and make sure children have a trusted adult to call if they’re scared or have an emergency
  • Instruct children to keep the door locked and not to open the door to talk to anyone when they are home alone 
  • Set rules with children about having visitors over when you’re not home and how to answer the telephone
See the same site to click on links for:
  • ·       Conversation Starters
  • ·       Safety Tips
  • ·       Child ID kit
  • ·       Emergency Contact for Parents
  • ·       Bookmark (Nat’l. Center’s rules of safety)
  • ·       Series of Mini Lessons
  • ·       Activity Lessons
  • ·       Parent Presentation


With the excitement of a new school season starting and everyday pressures, it’s a good time to review and teach your kids.



Monday, April 1, 2013

HERE COMES RON CARLEE, CHARLOTTE’S NEW CITY MANAGER



This is a picture of Charlotte’s new City Manager, Ron Carlee, riding a county-owned tricycle in his former position in Arlington, VA.  (photo credit: Sun Gazette in Arlington)


Press reports from Charlotte state that Carlee will have a city car and a $290,000 base salary.


Carlee starts his new position on April Fool’s Day and will be sworn in before tonight’s City Council meeting.

Other items on the agenda include:







CITY COUNCIL WORKSHOP Agenda for Monday, April 1, 2013

5:00 p.m. Dinner
5:15 p.m. Swearing in of City Manager
5:30 p.m. Community Safety: Citizens Review Board Update
6:30 p.m. Economic Development: Collaborative Partnership for Expanding Second Harvest Food Bank
7:00 p.m. Housing & Neighborhood Development: Rental Subsidy Program
7:30 p.m. Citizens Forum Room 267 at the Government Center

Some details, including a hot topic: discussion of the Citizens Review Board, recently in the local paper because of citizens who believe the Board has not been addressing citizen complaints about the Police Department correctly.  A group called C-R-B Reform Now plans to meet at 6:45 p.m. at the Government Center, then go before Council at 7:30.  They will wear all black to identify themselves.  More information can be found at http://www.thelightningrod.org/


TOPIC: Citizens Review Board Update   COUNCIL FOCUS AREA: Community Safety

RESOURCES:
Willie Ratchford, Community Relations,
Gregory West, Citizens Review Board Chairman
Julian Wright, Attorney for the Citizens Review Board
Rodney Monroe, Chief of Police

KEY POINTS:
This presentation will provide an overview of the Citizens Review Board and its
role in CMPD’s disciplinary process. Topics to be covered include:
Responsibilities of the Citizens Review Board
Citizens Review Board Process
Cases Appealed to the Citizens Review Board
CMPD Discipline Process
Changes in CMPD discipline process, departmental policies, and training
Other models for citizen oversight of police

COUNCIL DECISION OR DIRECTION REQUESTED:
None. This presentation is for informational purposes only.

Collaborative Partnership for Expanding the Second Harvest Food Bank - Second Harvest Food Bank of Metrolina operates out of a County-owned facility on Spratt Street on property adjacent to the City’s Building Services Offices. Second Harvest desires to expand their existing facility and to provide additional parking for delivery trucks and clients.

Rental Subsidy Program - A rental subsidy program would pay the owner of a multi-family housing development or an agency the difference between the tenant’s contribution (30 percent of adjusted income) and the monthly rental rate over a predetermined period of time with the ultimate goal of moving the household to self-sufficiency.


CARLEE'S BLOGS ABOUT CITY MANAGERS

See some of Carlee’s thoughts about municipal management at this Huffington Post blog post “City/County Managers: More than Technocrats.”


Here is a portion of his ideas presented in that post:

While the business of local government is the retail delivery of services, local government is not a business. This was a distinction I always made to new employees when I was a manager and a point that I continue make with my students. I ask them: what is the difference between local government and a private business? The answer lies in the underlying purpose of each entity; in the end success is measured differently.
In a private business the single most important metric is profit, sustained over a long period of time. In contrast, most local government transactions are indirect; payment of services comes through taxes that are collected separately and apart from any direct receipt of a service. There is actually an incentive to keep taxes, and thus revenue, down.
No, local governments are not about making profit; they are about making community.
Local governments do not provide services just for the sake of providing services. A municipal corporation strives for a whole that is greater than the sum of the parts: a community where people want to live, work, do business, visit, and play.
For example, people want a safe community. A safe community, however, is not the result of a single service, such as police. Police are certainly important, but so are the character of the neighborhoods, the schools, the streets, and the parks. A feeling and a reality of safety are achieved through complex interaction across many different services.
At the same time, each of the individual services has to be managed effectively. Like a private corporation, local governments have customers and a responsibility to provide good customer service, have quality control, and provide good value. This is where professional management becomes essential; i.e., in the competent delivery of services.
An encouraging sign can be found in another Carlee’s Huffington Post blog, in this post where he hashes out the case of investigative journalism by the L.A. Times about Bell, CA.  Officials the LA suburb of Bell—a small town of less than 3 square miles and less than 40,000 population--had “…plunder(ed) the city coffers by receiving salaries that were obscene: city administrator $788K; assistant administrator $376K; police chief $457K,” leaving the city nearly broke.  Carlee goes on to praise to the LA Times for exposing the corruption:

As public officials, we have all had our issues with the press, especially when reporting is superficial and slanted. Truthfully, however, as a society we critically need the press. And, public officials who care about honesty also critically need the press, too. The only thing worse than having the press look over your shoulder all the time is not having the press looking over any shoulders any of the time. Unfortunately, professional journalism is an institution at significant risk.


May we hope his actions line up with his words?  Even more, will the local press in Charlotte become more devoted to honest, unbiased evaluation and to investigative reporting? 

Welcome and Good Luck to Ron Carlee.  


Monday, December 10, 2012

Puddle Jumping


There are plenty of things to write about today, including Mayor Foxx's contentious dealing with Charlotte's City Council as he keeps trying to raise our taxes for expensive projects even most in his own party voted down several times already.  Some on City Council who are opposed to Mayor Foxx's plans have said they feel Foxx has threatened them politically for not backing him his nearly $1 Billion plan.

Police Chief Rodney Monroe presented to Council how he wanted to keep not only the millions of dollars in surveillance equipment added for the DNC Convention (shock, surprise) but also wants to access private and university cameras so police can collect additional information through those cameras as well.  Monroe wants to expand the Shotspotter program (technology that purports to zero in on gunshots and report them to police real time) to private property in more areas.  


Instead of that, watch this video.  Feel good.



Video by Julian Burrett with copyrighted music "You're My Best Friend" by Queen.  EMI.  Via YouTube.

Friday, September 14, 2012

Why Are We Still Paying Tim Newman? Will DNC Scrutiny Finally Bring CRVA Accountability?


UPDATE:
WFAE has done an interview with CRVA CEO Tom Murray on September 13th, 2012, discussing the outside firm hired to evaluate the economics of the DNC Convention.  With prior talk of public funding for a mammoth hotel downtown, the expected results we are paying for already seem suspect:

"Clearly there were people that felt they had to go too far to stay here (during the DNC)," says Murray.  "If we find that we'd love to do lots of more DNCs, than how would we be better at delivering a DNC-type convention? We might say we'd have more hotels closer to the center.   But we're not ready to say that yet."

Will he be "ready to say that" when the study he has commissioned to lend credibility is complete?  Is this just another consultant to prepare inflated numbers to justify more huge tax expenditures?  Call on City Council and Mayor Foxx to force the CRVA books open NOW.   The records belong to the public.  

See email addresses at the right of this column. 


Mr. Murray also didn't mention the prostitution and crack dealing alleged on the in-town hotels that press representatives highlighted at the National Review.  Chief Monroe and Mayor Foxx may want to focus on that first.


ORIGINAL POST:

PUBLIC RECORDS OF CRVA SPENDING

A recent set of requests to find out what money, why, and for how long the CRVA (Charlotte Regional Visitors Authority) will be paying Tim Newman went to City of Charlotte Attorney Hagemann, the CRVA Board, and the CRVA Board’s attorney (Cameron Furr), asking again for that public information.  No one yet seems to have legal concerns for refusing to answer.  Is it possible no larger media outlets have been asking?  Or have they been rebuffed as well and gotten tired of asking?

What about Mayor Foxx and City Council who have proclaimed their interest in a more transparent CRVA for many months?  Do they know already…

The CRVA has already been highlighted here in previous Citynewswatch posts and more recently in a series of Charlotte Observer stories about “overestimating” millions of dollars in profit impact the CRVA has claimed.  Check this article, which provides links to the whole series.  The Observer explained that 

The Charlotte Convention Center has cost taxpayers as much as $30 million annually for construction debt, operating losses and incentives worth of hundreds of thousands of dollars to win business. The promised payback from the investment hasn’t materialized.
and
In the past, the CRVA has inflated attendance by tens of thousands of people, which in turn led to claims of tens millions of dollars of economic impact. Much of that money likely never materialized.
In other instances, the CRVA added millions of dollars of visitor spending for no apparent reason, as was the case with the 2010 National Rifle Association Convention.  For that convention, the CRVA increased its estimate of spending by 600 percent.


Now we are paying an outside consulting company $25,000 to determine a better method and identify whether and how much was net by the DNC Convention.  So the full-force denial about Newman’s payments is really puzzling.  The Observer also quotes Mayor Foxx:

“We have pushed for change at the CRVA in a very public way,” Foxx said in a statement. “The new leadership team has had less than a year to get established, and I have confidence that we’ll see good results and better accountability from them. After the Convention, I will ask them to update us on their efforts to date.”

We’ll see if Mayor Foxx answers all the questions, including why former CEO Tim Newman, who left under a cloud of revelations about lavish and possibly reckless spending, is still receiving huge sums of money from tax-funded CRVA.  In the wake of conventioneers leaving town, we need to take accurate stock of the effects on life and economic impact at all levels. 

Despite promises that Charlotte’s taxpayers will not have a negative effect, it’s safe to say that the real impact on City and County staff, budget, and businesses has been great and must be counted on the balance sheet.  Mayor Foxx also swore Charlotte tax payers would not be on the hook for any leftover DNC bills, no matter what fundraising goals were met or missed.  With word out now (via Bloomberg news) they missed by $15 million, people are nervous about managing and reporting the finances.


LAWYERS AND BOARD MEMBERS WILL NOT SUBMIT RECORDS

The latest request letter concerning just Newman’s payment information reiterates some points made in earlier letters, and there has been no response since the CRVA received this:
The Resolution shown below, sent to you again, establishes the CRVA and shows:
"This First Amendment to Interlocal Agreement, made July_' 2009 by and between the CITY OF CHARLOTTE, a municipal corporation organized under the laws of the State of North Carolina (the "City"), and the CHARLOTTE REGIONAL VISITORS AUTHORITY, a unit of local government and political subdivision of the City of Charlotte (the "CRVA")."  **(SEE FULL RESOLUTION AT THE END OF THIS POST)

Mr. Hagemann's statement that "the CRVA is a legal entity separate and distinct from the City of Charlotte" is not quite correct and the "clear legal facts" are that the CRVA is a municipal corporation, making the records and terms I have asked for public.  Please release the records immediately.  Your continued efforts to hide this information are not acceptable and cause a great deal of increased concern regarding the spending of public money.

Robert Hagemann’s terse reply on August 28th says he believes the CRVA is not an entity which is part of the City of Charlotte:
Although I previously provided you the following response, I am resending it for the benefit of the members of the CRVA board who you have copied:
I am going to repeat what I previously advised – the CRVA is a legal entity separate and distinct from the City of Charlotte and I am not its legal advisor.  Your repeated assertions to the contrary do not change these clear legal facts.  And I do not intend to debate the matter.
Robert E. Hagemann
CITY ATTORNEY
OFFICE OF THE CITY ATTORNEY

Mr. Hagemann does not assert the records are not public—only that he says he does not have them.  It seems obvious he could get them.  When consulted, is it his responsibility?

Also, Mr. Hagemann seems to be stating he will not involve himself in anything having to do with the CRVA, based on his argument.  But isn’t that part of his job responsibility to be chief legal adviser for matters pertaining to City business?  It would be good to hear Mayor Foxx’s position and the rest of City Council’s position on this.


BEFORE THE CITY ATTORNEY STATED THE CRVA IS SEPARATE FROM CHARLOTTE…

After asking for all the pay, settlement, retirement, or other salary or benefit information for some time, the CRVA responded with this:

On Thu, Jul 26, 2012 at 1:40 PM, Cameron Furr <cfurr@grierlaw.com> wrote
Mr. Newman began working for the CRVA on November 29, 2004 as the Chief Executive Officer.  He served in that position until December 14, 2011, when he became Chief Marketing Officer.  Mr. Newman resigned on February 24, 2012.  There was no "dismissal, suspension or demotion for disciplinary reasons taken by the municipality" and therefore there is no "written notice of the final decision of the municipality setting forth the specific acts or omissions that are the basis of the dismissal." 

As noted above, Mr. Newman was employed as CEO.  He became Chief Marketing Officer, a position which reported to the CEO.  He then resigned.  There was no promotion for which we can provide a date and general description of the reasons for the promotion.

"Current Salary,"  "For purposes of this subsection, the term 'salary' includes pay, benefits, incentives, bonuses, and deferred and all other forms of compensation paid by the employing entity."  We have provided you with amounts paid to Mr. Newman from March 16, 2012 through July 6, 2012 (see below).  If there is another period during which Mr. Newman was paid by the CRVA for which we could provide that information, we will gladly provide it.
As noted above, Mr. Newman resigned his position with the CRVA on February 24, 2012.  He is no longer an employee of the CRVA.

Pay Date          Pay                  Car Allowance   Total Payment
07/06/2012      $9,461.54                                 $  9,461.54
06/22/2012      $9,461.54         $694.58            $10,156.12
06/08/2012      $9,461.54                                 $  9,461.54
05/25/2012      $9,461.54         $694.58            $10,156.12
5/11/2012        $9,461.54                                 $9,461.54
4/27/2012        $9,461.54         $694.58            $10,156.12
4/13/2012        $9,461.54                                 $9,461.54
3/30/2012        $9,461.54         $694.58            $10,156.12
3/16/2012        $9,461.54                                 $9,461.54

Again, since the CRVA did not release the full information requested, so:
If you maintain there was no settlement for Mr. Newman, then is he still an employee?  Or would you define the amount of money he is being paid as some sort of other payment or benefit?  That must be defined.  Is he still an employee?  Is he a consultant?  Is this a gift?  Is this money being paid out of regular salary budget?  This is public information.

When will these payments stop?  Is he under contract so that they will stop, or do you plan to pay him indefinitely?  If you don't define these payments as part of a "settlement," do you define them as part of a "contract?"  If so, please provide that contract which would be public record. He is either salaried and a current employee, contracted (in which you must provide the contract), received some sort of settlement (or if you wish to title it differently, such as separation agreement) to leave, or is being paid as a gift of some sort.
Is Mr. Newman currently employed or contracted by the CRVA?  Is he performing any work for you?

Thanks for clearing this up and providing all the information required by law without further delay.


On Fri, Aug 17, responding to Cameron Furr’s email, another request was sent:

Dear Mr. Furr,
I assume you are "unable to understand anything in this email that is different from ... prior emails" because the law has not changed.  My request has not changed.  I did highlight your own statements back to me, hoping you that would help you understand, as you and members of your organization had indicated your difficulty understanding the law and struggle to find information.  However, I believe you have had ample time to discover the very issues you cited back to me and the basic information about contracts and settlements which are also included.  

All issues of pay, benefits, incentives, bonuses, and deferred and all other forms of compensation paid by the employing entity are salary and must be disclosed.  Also, any contracts must be disclosed as public documents.  Also, any settlements must be disclosed as public documents.  So, no matter what the source of the reason for the payment, you must disclose.  Please provide the information I have asked for.


Aug 21, 2012  Cameron Furr <cfurr@grierlaw.com> wrote:

I continue to attempt to understand what information or document you might be requesting that falls under a North Carolina statute which allows or requires disclosure.  While you have not asked for this specifically, following are the amounts paid to Mr. Newman since July 6th, the date of the last payment we reported to you.  These amounts are disclosed pursuant to Section 160A-168(b)(7) of the North Carolina General Statutes.  Other than the following, the CRVA does not have any other information which falls within your request, as we can understand it, and which is disclosable under the North Carolina General Statutes.  Thank you. 

Pay date                                Pay    

07/20/2012                         $9,461.54 plus car allowance $694.58                
08/03/2012                         $9,461.54
08/17/2012                         $9,461.54

Mr. Furr gives no rebuttal to what seems to be a misstated personnel exclusion—where there is no specific reason he feels the terms of payments and car allowances would be permitted to be held as confidential when the law clearly allows for release of that information. 

Mr. Furr even points out himself that “the public information of ‘salary’ defined includes pay, benefits, incentives, bonuses, and deferred and all other forms of compensation paid by the employing entity."  Also, see North Carolina § 132‑1.3. Settlements made by or on behalf of public agencies, public officials, or public employees; public records (a) Public records, as defined in G.S. 132‑1, shall include all settlement documents in any suit, administrative proceeding or arbitration…   But his email on August 24th states:
I have tried to explain to you the personnel records exceptions to North Carolina public records laws and how that limits the disclosure of documents.  We have provided you with "salary" paid to Mr. Newman to date as required by law. 

This led to yet another clarification to attorney Furr:
The money you are paying to Mr. Newman falls into a category which you must disclose, including if it is salary, a benefit package, incentive package, bonus package, deferred compensation package, contract payment, settlement payment, or other type of compensation.  The TERMS of those agreements are PUBLIC INFORMATION, including how much the payments are and when they will stop (if ever).

So far, then, CRVA has confirmed at least $117,011 in some kind of payments and car allowances to former CEO Tim Newman.  If he has continued on schedule, that number would be $136,629.  That’s not bad money for ten or twelve weeks of not working somewhere.

Citynewswatch will update you when editorial staff receives word that the CRVA or City of Charlotte replies.  Or, ask them yourself:






REFERENCES

Here is a portion of Chapter 132, the Public Records Law Chapter of North Carolina General Statutes.  Read the entire chapter and other statutes at www.ncleg.netAlso check out N.C. Sess. Laws c. 169 (HB 961)(the Act) enacted by the General Assembly July 10, 2010, which broadened and defined release of information concerning public employee records and information.

Chapter 132.
Public Records.
§ 132‑1. "Public records" defined.
(a) "Public record" or "public records" shall mean all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data‑processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisionsAgency of North Carolina government or its subdivisions shall mean and include every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political subdivision of government.
(b) The public records and public information compiled by the agencies of North Carolina government or its subdivisions are the property of the people.

§ 132‑1.3. Settlements made by or on behalf of public agencies, public officials, or public employees; public records.
(a) Public records, as defined in G.S. 132‑1, shall include all settlement documents in any suit, administrative proceeding or arbitration instituted against any agency of North Carolina government or its subdivisions, as defined in G.S. 132‑1, in connection with or arising out of such agency's official actions, duties or responsibilities, except in an action for medical malpractice against a hospital facility. No agency of North Carolina government or its subdivisions, nor any counsel, insurance company or other representative acting on behalf of such agency, shall approve, accept or enter into any settlement of any such suit, arbitration or proceeding if the settlement provides that its terms and conditions shall be confidential, except in an action for medical malpractice against a hospital facility. No settlement document sealed under subsection (b) of this section shall be open for public inspection.
(b) No judge, administrative judge or administrative hearing officer of this State, nor any board or commission, nor any arbitrator appointed pursuant to the laws of North Carolina, shall order or permit the sealing of any settlement document in any proceeding described herein except on the basis of a written order concluding that (1) the presumption of openness is overcome by an overriding interest and (2) that such overriding interest cannot be protected by any measure short of sealing the settlement. Such order shall articulate the overriding interest and shall include findings of fact that are sufficiently specific to permit a reviewing court to determine whether the order was proper.
(c) Except for confidential communications as provided in G.S. 132‑1.1, the term "settlement documents," as used herein, shall include all documents which reflect, or which are made or utilized in connection with, the terms and conditions upon which any proceedings described in this section are compromised, settled, terminated or dismissed, including but not limited to correspondence, settlement agreements, consent orders, checks, and bank drafts. (1989, c. 326.)



The following resolution regarding the formation of the CRVA, which may be key, is even provided to the Board and attorneys:

 July 27, 2009
Resolution Book 42, Page 42

STATE OF NORTHCAROLINA
COUNTY OF MECKLENBURG
First Amendment to Interlocal Agreement
This First Amendment to Interlocal Agreement, made July_' 2009 by and between the CITY OF CHARLOTTE, a municipal corporation organized under the laws of the State of North Carolina (the "City"), and the CHARLOTTE REGIONAL VISITORS AUTHORITY, a unit of local government and political subdivision of the City of Charlotte (the "CRVA").
WITNESSETH:
WHEREAS, the parties hereto are authorized pursuant to Article 20 of Chapter 160A of the North Carolina General Statutes to enter into contracts or agreements with each other in order to provide for the joint exercise or the contractual exercise by one for the other of any power, function, public enterprise, right, privilege, or immunity of local government; and
WHEREAS, pursuant to, inter alia, G.S. 160A-489 the City is authorized to establish and support public auditoriums, coliseums, convention centers; and
WHEREAS, pursuant to Chapter 5, Article II of the City Charter (Session Law 200-26), the Authority is vested with the authority to control, manage, and operate City-owned auditoriums, coliseums, and convention centers; and
WHEREAS, on January 13, 2003 the City and the CRYA signed an Interlocal
Agreement to confer upon the CRVA the powers, functions, rights, privileges, and immunities of the City for purposes of the management and operation of City-owned auditoriums, coliseums, and convention centers in order to facilitate the more economical operation of the same and to
better serve the public; and WHEREAS, pursuant to Session Law 2005-68, the CRVA was vested with the additional authority to control, manage, and operate the NASCAR Hall of Fame Museum; and
WHEREAS, the City desires to confer upon the CRYA the powers, functions rights, privileges, and immunities of the City for purposes of the management and operation of the NASCAR Hall of Fame Museum in order to facilitate the more economical operation of the same and to better serve the public.
NOW, THEREFORE, in consideration of the premises and the fulfillment of the terms of this Agreement, the parties hereto agree that the Interlocal Agreement between the City and the CRVA dated January 13, 2003 is amended to read as follows:
I. In addition to the powers, functions, rights, privileges, and immunities directly provided to the CRYA by law, in fil1filling its responsibility to control, manage, and operate City-owned auditoriums, coliseums, convention centers and the NASCAR Hall of Fame Museum, the CRVA shall have in addition thereto, and not in substitution thereof, all of the powers, functions, rights, privileges, and immunities of the City.

July 27, 2009
Resolution Book 42, Page 43
2. The CRVA may exercise or act upon the powers, functions, rights, privileges, and immunities conferred on it pursuant to paragraph I of this Agreement either unilaterally or jointly with the City.
3. This Agreement shall continue in perpetuity unless and until it is terminated by operation of law, by mutual consent of the parties, or unilaterally by either party, with or without cause, upon six (6) months written notice to the other party. The parties may amend this Agreement by mutual consent.
4. If the parties jointly exercise or act upon the powers, functions, rights, privileges, and immunities conferred pursuant to paragraph I of this Agreement, the manner of appointing any personnel necessary to the execution of the undertaking and the method of financing the undertaking, including the apportionment of costs and revenues, shall be set forth in the Instrument that constitutes the joint exercise. If the CRVA unilaterally exercises or acts upon the powers, functions, rights, privileges, and immunities conferred upon it pursuant to paragraph I of this agreement, the CRYA shall be responsible for appointing any personnel necessary to the execution of the undertaking and for the financing of the undertaking.
5. Ownership and title of any coliseums, auditoriums, convention center, and the NASCAR Hall of Fame Museum real property that might be the subject of the CRYA's exercise or actions upon the powers, functions, rights, privileges, and immunities conferred upon it pursuant to paragraph I shall remain vested solely in the City, and under no circumstances shall the CRVA have the power or authority to unilaterally convey an ownership interest in such properties.
Executed as of the day and year first above stated by authority duly granted by the government boards of the parties hereto.
CITY OF CHARLOTTE
Curt Walton, City Manager
CHARLOTTE REGIONAL
VISITORS AUTHORITY
Tim Newman, Chief Executive Officer

July 27, 2009
Resolution Book 42, Page 44
CERTIFICATION
I, Stephanie C. Kelly, City Clerk of the City of Charlotte, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of Resolution adopted by the City Council of the city of Charlotte, North Carolina, in regular session convened on the 27th day July, 2009, the reference having been made in Minute Book 128, and recorded in full in Resolution Book 42, Pages (41-44).
WITNESS my hand and the corporate seal of the Ci~~~~1I'
     (CITY OF CHARLOTTE SEAL)