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Showing posts with label Robert Hagemann. Show all posts
Showing posts with label Robert Hagemann. 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

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)




Monday, September 3, 2012

Charlotte’s “Leaders” Rake in Big Raises; Don’t Want to Enact Own Special DNC Ordinances


MANAGER AND ATTORNEY GET RAISES IN WAKE OF NEW ORDINANCE

City Manager Curt Walton and City Attorney Robert Hagemann each received 6% raises in a year that most other city employees have received a maximum of 3% increase.  Police and Fire first responders finally received a 3% raise, but have still only received the 1.5% “cost of living” increase (hard to say if this is accurate after so long without a raise, and so many increases in health care and other costs).  Step Pay increases have not been paid yet.

Police are on mandatory 12-hour shifts right now protecting the city and visitors during the Democratic National Convention pre-events and for upcoming events.

While Walton and Hagemann were chiefly responsible for drafting and approving new ordinance for the city, and the City Council and Mayor voted approval, it’s written in such a way that has already been challenged in court: and lost.  See link to the full ordinance at the end of this article.

Protesters who had erected tents in front of City Hall earlier this year after the ordinance was enacted had been charged with Obstructing and Delaying a police officer.  A judge dismissed the charges.


MAYOR FOXX TAKES TWO STEPS BACK--AND PAYS FOR PORT-A-JOHNS?

“Our goal continues to be striking an appropriate balance between freedom of expression and the safety of all concerned,” Mayor Anthony Foxx said in a statement September 3rd, talking about Occupy Charlotte campers in Mecklenburg County-owned Marshall Park (Source: Charlotte Observer).

Is that Mayor Foxx’s way of saying they won’t stand behind an ordinance he pushed for?  

This is an ordinance the City spent enormous resources to develop and enact in anticipation of this specific event: the DNC 2012 Convention, which Foxx championed for Charlotte.  Now it seems the ordinance and enforcing it may be embarrassing for the party that keeps pronouncing itself “the most open and inclusive party.”

Commissioner Cogdell says … If public health or safety issues arrive I am confident law enforcement will move quickly to remove people from Marshall Park.” *

What was the point of enacting an ordinance to begin with if there was no health or safety issue to address?  The ordinance, as written, was misguided from the beginning and Foxx and company are taking steps away from it for now.  

Torrential downpours and lightning are likely keeping down crowds, but the City further confused issues with installing port-a-johns on site at Marshall Park.  It will be a really hard argument to make that the "violators" aren't allowed to camp there when the City is aiding them by paying for port-a-johns.  Taxpayers will be further losers as County and City Attorneys we pay for would be fighting it out if anything goes more wrong.

Leader among the protestors Michael Zytkow says “The understanding right now is that during the time of the DNC, the police won’t be breaking any of our camps down.” *  No details are given on what type of understanding that is.  The understanding is in contradiction of the ordinance passed by City and County government specifically with preventing camping at the DNC 2012 Convention in mind.

Another protestor was “asking people to vote for her so she could abolish the government and give the White House to poor people.” *


COUNTY CONCERNS ABOUT A COUNTY PARK

Bill James is perturbed the CMPD won’t enforce the law which was specifically enacted for this “extraordinary event,” giving sole and extraordinary power (some would say potentially not constitutionally sound power) to one man, City Manager Curt Walton, to declare times and locations as “extraordinary events.” James stated in an email to Police Chief Rodney Monroe:
 “While I understand that some folks are trying to thread the needle by allowing these fringe elements some access, it is troubling to see that the police would allow ‘camping’ after elected bodies took heat and did the right thing and banned camping some months back.” *

*(QUOTES SOURCE: CHARLOTTE OBSERVER Sept. 1, 2012 here by Cleve Wootsen, contributors Steve Harrison, Ames Alexander, Bruce Henderson and Joe Marusak )

City Officials, presumably with the approval of Curt Walton, have abdicated responsibility to Police Chief Rodney Monroe to decide whether to enforce any ordinances now. 


SEE THE ORDINANCE HERE

HERE is the “Extraordinary Event” Ordinance, passed on January 23, 2012 in anticipation of the DNC 2012 Convention. 


WHY DON’T CITY OF CHARLOTTE POLITICIANS WANT TO ENFORCE THEIR DNC ORDINANCE?

For now it seems the low number and actions of the current protestors are more easily tolerated than that potential backlash to the reputation of Charlotte’s “political leaders” if they were to actually enforce the ordinance they wrote.

Why did City Council, the City Manager, City Attorney, and City Staff, Chief Rodney Monroe, and so many other City employees spend endless hours drafting and enacting a new ordinance specifically for this event only to toss it aside?

Is the answer because it’s embarrassing?  Possibly unconstitutional?  Probably shouldn’t have happened in the first place?  Makes references to individual officers having to divine the thoughts of people who are walking around before they can determine whether to begin attempting an arrest—risking their own personal liability as well as the City’s? 

Was it a huge waste of political time and taxpayer money, all to throw their weight around?


MEANWHILE, FRONTLINE OFFICERS ARE CHARGED WITH ENFORCEMENT

The FOP #9—the Fraternal Order of Police local—has reportedly stated their intent to protest during the DNC.  Most officers that have been in touch with Citynewswatch have emphatically said that any connection with active duty officers will not be protesting.  Aside from all officers working 12 hour shifts, nobody wants to kill their careers by speaking up against Monroe’s practices, or those policies of the City Manager or the City of Charlotte.  It will be interesting to see how many retired or other outside connections will be able to speak up for officers effectively and what they have to say.

One clue is the certified EEOC complaint that is progressing.  Another is the Judge’s ruling that has already happened, finding the City/CMPD did not follow due process in the case of a now-retired, now-former RAC Sergeant who was #1 in the City when she was demoted. 

There are other indications that will be in future columns.

More information can be found in an open letter about a review the FOP mentions on their web site and the implications for pay.  They want a seat at the table to talk about compensation and it sounds like they can’t get a meeting with the right people to talk about it with City of Charlotte Officials.

From the FOP web site, part of their open release states:
The purpose of this memo is to provide you with the FY12-13 pay plan recommendations formulated by the Fraternal Order of Police Lodge #9 Fair Compensation Committee.  The recommendations were a
result of numerous discussions and meetings with our members and personnel and warrant your consideration.  
.  .  .
The mission of the Fair Compensation Committee is to provide CMPD Officer’s and Sergeant’s a voice to discuss and recommend issues to our leadership involving pay and benefits.  As in the past, pay and benefits stand at the core of our mission.  Crime has significantly declined from 2007 to 2011.  There are a number of reasons for this which ultimately is a direct reflection of our leadership.  From this reduction, we believe that the City has attracted a number of organizations and events to stimulate our economy and community.
.  .  .
The City of Charlotte is hosting the Democratic National Convention later this year.

Any officers, city officials, or citizens who have information or comments are encouraged to write to citynewswatch@gmail.com or comment below.