Does the way the Hickory City Mayor votes meet North Carolina General Statutes? -- Silence DoGood

Recently in a discussion in comments section of this forum concerning Reverend Cliff Moone and Mayor Wright, a couple of true statements were made that I found troubling.  So I decided to take a look.  Here is what I’ve come up with.

The following section is taken directly from the Hickory City Ordinances as published by Municode:

“Sec. 3.81. - Powers and duties.

(a)   The powers and duties of the mayor shall be such as are conferred upon him by this charter¹, together with such as are conferred by the city council² pursuant to this charter, and no other.

(b)   The mayor shall preside at all meetings of the city council³ and shall have the right to vote upon all questions. He shall be recognized as the official head of the city by the courts for the purpose of serving civil processes, and by the public for all ceremonial purposes⁴. He shall have power to administer oaths.  

(c)   Such functions are enumerated in this charter as are conferred upon the mayor by general law shall be exercised by the city manager [sic].”

The next reference was taken directly from the North Carolina General Statues and is provided herein as a reference and footnoted in the section above to provide validity to that part of the code.  The footnotes are of my inclusion and not part of the original text.

§ 160A-69.  Mayor to preside over council. 

The mayor shall preside at all council meetings, but shall have the right to vote only when there are equal numbers of votes in the affirmative and in the negative. In a city where the mayor is elected by the council from among its membership, and the city charter makes no provision as to the right of the mayor to vote, he shall have the right to vote as a council member on all matters before the council, but shall have no right to break a tie vote in which he participated. (1971, c. 698, s. 1; 1979, 2nd Sess., c. 1247, s. 3.)
 

Here’s the deal.  The Hickory City Code runs counter to Statutory law and as a political sub-division of the State of North Carolina, any ordinance to be valid and Constitutional, cannot violate North Carolina Law.  The Hickory City Code is invalid in my humble opinion in this section.  Take a look.  NCGS § 160A-69 provides that the Mayor, “…shall have the right to vote only when there are equal numbers of votes in the affirmative and in the negative.”  Now, in Section 3.81 of the Hickory City Charter, it gives the Mayor, “…right to vote upon all questions.”  Therein lies the problem.


NCGS § 160A-69 only gives the Mayor a vote when there is a tie vote among council members, or, “In a city where the mayor is elected by the council from among its membership, and the city charter makes no provision as to the right of the mayor to vote….”  In the City of Hickory, the Mayor is not elected by the other Members of the City Council, the Mayor is elected by popular vote by the residents of the City that are registered and eligible to vote.  While that last part of that sentence is applicable, the City charter does address and make provision for the Mayor to vote, both parts of that sentence have to be valid and applicable in order for the Mayor to be able to vote on each issue.  Otherwise, the Mayor is only eligible to vote in the case of a tie.  The hook is that conjunction word “and”.  If that word were “or”, then there wouldn’t be a problem.  However, that isn’t the case and both conditions of that portion of the statute, “…Mayor elected by other council members and the city charter makes no provision as to the right of the Mayor to vote…” must be met.  That means that every vote participated in by the Mayor in and for the City of Hickory is highly questionable as to validity.

Now, that isn’t saying that much in the grand scheme of things.  They all vote together anyway and it isn’t like his vote carried any weight or negated from the rest.  However, it is wrong, it is improper, and it is in violation of the law.  The City needs to change their Charter so that 3.81 is in compliance with the Statute.

My other hang-up is over the City Manager and the agenda.  After further contemplation however, it makes sense that the Manager would set the agenda, with the aid and input of the Mayor.  Having said that, it is the Mayor’s meeting to run and he may call the items calendared after the agenda is adopted by council or to amend the agenda and then adopt it pursuant to the rules used to run the meeting.  Since there is no State statute or City code that stipulates who shall have construct authority of the agenda, I’ll leave it alone with what I think.

Now what I see happening is, if the legal staff sees this as being a problem after enough people have talked about it, getting a text amendment to the statute bill introduced by one of our rubber stamp local legislators to have the wording changed so that the City doesn’t have to change their ordinance.  However, I see that as being a historically complex problem, given the way that most cities and towns are structured in this State.  But who knows.

Economic Stories of Relevance in Today's World -- October 30, 2011

Bob Chapman -- The International Forecaster.com -- On U.S. markets -- October 29, 2011 - It is now clear to the most casual observer that the world’s monetary and financial system cannot function without massive amounts of additional money and credit. That means the system no longer functions the way it should. Europe really doesn’t know what to do and neither does the Fed and the Bank of England. The exception is throwing more money at the problem and keeping interest rates near zero indefinitely. Many US, UK and European banks are insolvent. The real estate market continues to deflate throughout Europe with the exception of Germany, which never really rose in price. Again, there are no solutions offered to solve this problem. Just as there are no solutions elsewhere. These conditions tell us the euro has serious problems to face as does the pound and the US dollar. You have to then say to yourself against what. Each currency has its own problems, thus, the only alternative is to measure each currency versus gold and silver. These are the true benchmarks, and when compared over the last 11-1/2 years, versus nine major currencies gold and silver on average annually have appreciated more than 20%. That tells you anyone holding currencies has been a major loser.            In the US and the UK banks are insolvent as well, because books are market-to-model, not to market and many carry two sets of books. Without a total audit one does not know the actual condition of these financial institutions. Market players and investors do not want to know the truth, because they cannot handle it. It means it is the end of the game – it’s over. That is why Wall Street and the City of London casts a blind eye at all the government manipulation going on. They go with the flow hoping the system will keep functioning.               Americans and others have been sold a bill of goods concerning US supremacy in the business and financial worlds, which means they have been propagandized since WWII. It is beyond the capability of most Americans to understand that they have been sold one lie after another and they bought it hook, line and sinker. Even if they discover the truth making seminal changes is very difficult. Thus, you can have 70% of people over 65 years old that have discovered the truth that are generally incapable of acting on it. The 25% of these retirees that have investable funds are frozen in the headlights and few make the necessary changes to hold on to their assets. If their assets remained static inflation is destroying their purchasing power year after year. Some will switch into gold and silver related assets, but very few. Good people who have led exemplary lives could lose most of their assets if they do not make changes. Once the system goes down there will be no way back. Ask the people who didn’t listen in 1929.

As Occupy Wall Street and related protests inject themselves into the 2012 presidential campaigns, a new government report shows that over the past three decades the incomes of the nation’s top earners have grown far more rapidly than those of everyone else. The nation’s economic gains have been increasingly concentrated in the households of the top 1 percent, according to the Congressional Budget Office, echoing previous studies cited by Occupy Wall Street protesters.      The 1 percent of the population with the highest incomes, average income grew 275 percent between 1979 and 2007, the report said. Middle-income Americans saw just less than a 40 percent rise during the same period, while the 20 percent of the population on the bottom saw an 18 percent increase.


A Dysfunctional System That Bankrupts A Generation - Zero Hedge - Wolf Richter - 10/26/2011 - Tuition has done it again: up by 8.3% for universities and by 8.7% for community colleges, according to the College Board. Here in California, tuition increases are outright ridiculous. Much of it will be paid for with student loans (though grants, scholarships, other aid, and tax credits will cover some of it). Student loan debt will exceed $1 trillion by the end of the year—a stunning amount. But unlike other debt, it cannot be discharged in a bankruptcy. The skyrocketing costs of higher education add to the strains already weighing down the middle class whose median household income has fallen 9.8% between December 2007 and June 2011 (Sentier Research) and whose real wages have declined 1.8% over last year (BLS) and around 9% since their peak in 1999.          We all support education; we want the next generation to be productive. So now, under increased pressure to "do something," the Obama administration has come up with a Band-Aid, which includes income-based payment limits and ultimate debt forgiveness in certain cases—an accelerated implementation of program improvements that would have taken effect in 2014. Looking forward, it is likely that more taxpayer funded relief is on the way. But the system itself is dysfunctional. The cause: a misalignment of interests within the complex relationships between students, universities, the student-loan industry, and the federal government.



Monster Prediction From BofA: Another US Debt Downgrade Is Coming In Just A Few Weeks - Business Insider - Joe Wiesenthal - October 22, 2011 - In an analyst note, Bofa/ML's Ethan S. Harris drops a bit of a bombshell prediction: "We expect a moderate slowdown in the beginning of next year, as two small policy shocks—another debt downgrade and fiscal tightening—hit the economy. The “not-so-super” Deficit Commission is very unlikely to come up with a credible deficit-reduction plan. The committee is more divided than the overall Congress. Since the fall-back plan is sharp cuts in discretionary spending, the whole point of the Committee is to put taxes and entitlements on the table. However, all the Republican members have signed the Norquist “no taxes” pledge and with taxes off the table it is hard to imagine the liberal Democrats on the Committee agreeing to significant entitlement cuts. The credit rating agencies have strongly suggested that further rating cuts are likely if Congress does not come up with a credible long-run plan. Hence, we expect at least one credit downgrade in late November or early December when the super Committee crashes." This is quite a stunning prediction, mainly because nobody is talking about this. And though the experts were 100% wrong in thinking that a downgrade would increase borrowing costs, it did cause a major market jolt when it happened, leading to a major blow to confidence in August and September.


BOMBSHELL - Massachusetts Supreme Court Rules That Most Foreclosure Sales From Previous 5 Years Are VOID - October 19, 2011 (The Daily Bail) - Houston, we've got a problem - Bevilacqua - Amvona - Gregory M. Lemelson - (The Daily Bail) - The only thing surprising about this ruling is that it took so long to be made. This is black letter law, folks, the logical extension of the Court's Ibanez decision. Without a promissory note, a foreclosing plaintiff cannot show a legal injury, i.e., does not have standing to sue. Without standing, the action before the court does not qualify as a "case or controversy" under Article III of the constitution. Courts can only make rulings on "cases or controversies;" advisory opinions are a legal nullity. Consequently, a court that purports to enter a "judgment" where it has no subject matter jurisdiction has in fact entered a legal nullity on its docket; that "judgment" is void as a matter of law. As such, any such "judgment" entered where the plaintiff had no standing is open to collateral attack in any subsequent proceeding. What is more, subject matter jurisdiction cannot be waived; were that the case, parties could falsely induce courts to make binding rulings--obviously non-sensical.         
(Amvona) - On Oct. 18th, 2011 the Massachusetts Supreme Judicial Court handed down their decision in the FRANCIS J. BEVILACQUA, THIRD vs. PABLO RODRIGUEZ – and in a moment, essentially made foreclosure sales in the commonwealth over the last five years wholly void. However, some of the more polite headlines, undoubtedly in the interest of not causing wide spread panic simply put it "SJC puts foreclosure sales in doubt" or "Buyer Can't Sue After Bad Foreclosure Sale" In essence, the ruling upheld that those who had purchased foreclosure properties that had been illegally foreclosed upon (which is virtually all foreclosure sales in the last five years), did not in fact have title to those properties. Given the fact that more than two-thirds of all real estate transactions in the last five years have also been foreclosed properties, this creates a small problem. The Massachusetts SJC is one of the most respected high courts in the country, other supreme courts look to these decisions for guidance, and would find it difficult to rule any other way in their own states. It is a precedent. It's an important precedent.


A Tightly Knit Network of Companies Runs the World Economy, Says Network Analysis - Popular Science - By Rebecca Boyle - October 20, 2011 - A small, tightly woven network of companies, mostly banks, wields disproportionate control over the global economy, according to a new study. To the thousands of protesters swept up in the global Occupy movement, it may seem like a case of science confirming the obvious. It’s based on a few extrapolations and assumptions that are open to debate, but the overall findings shed some light on the intimate ways 21st century capitalism works — and how those functions can undermine the entire system. The study's assumptions have attracted some criticism, but complex systems analysts contacted by New Scientist say it is a unique effort to untangle control in the global economy. Pushing the analysis further, they say, could help to identify ways of making global capitalism more stable.


Revealed – the capitalist network that runs the world - New Scientist - Andy Coghlan and Debora MacKenzie - October 24, 2011 - AS PROTESTS against financial power sweep the world this week, science may have confirmed the protesters' worst fears. An analysis of the relationships between 43,000 transnational corporations has identified a relatively small group of companies, mainly banks, with disproportionate power over the global economy. The study's assumptions have attracted some criticism, but complex systems analysts contacted by New Scientist say it is a unique effort to untangle control in the global economy.          Pushing the analysis further, they say, could help to identify ways of making global capitalism more stable. The idea that a few bankers control a large chunk of the global economy might not seem like news to New York's Occupy Wall Street movement and protesters elsewhere (see photo). But the study, by a trio of complex systems theorists at the Swiss Federal Institute of Technology in Zurich, is the first to go beyond ideology to empirically identify such a network of power. It combines the mathematics long used to model natural systems with comprehensive corporate data to map ownership among the world's transnational corporations (TNCs).

Obama's job plan disconnected from reality?

Instilling Opportunity and Faith in the People of this Community

If Jesus wasn't appreciated by the people in Nazareth, then why should we who try to provide a message to our neighbors, friends, and family think we should be treated any differently than the Lord?

I have had communications with people who inhabit the four corners of the world and some of them you would recognize. Some of these people have expressly conveyed to me that they appreciate my opinion and the fact that I am awake and I Get It. Yet, some of the people of my hometown tell me that I am a conspiracy theorist and 99% of the people don't have a clue about the important events and contexts happening all around us. The lack of recognition by these people from my hometown doesn't bother me. Only their intolerance and ignorance of the message is frustrating. They go along with the program of the controllers and follow the path of least resistance, as though it is going to benefit them in some way. They are under a mistaken impression that as this World continues to implode, they will be unaffected. They should be preparing, but instead they would rather see no evil, hear no evil, and speak no evil. What they don't understand is that they have shackled themselves to a code and allegiance that they don't even understand. And they are committing themselves to being lost forever!

Are you truly Patriotic? Have you ever read the Declaration of Independence? Do you understand and feel the words of the Pledge of Allegiance and the Star Spangled banner or is this just a ritual to you? Have you read and studied any parts of the U.S. Constitution or do you just go by what a reporter or politician tells you? If you are an elected official or bureaucrat, do you not understand that you have sworn as your duty to defend and uphold these codes? If you have never studied them, then do you not understand that you are automatically not qualified for your job? Would you just hand the keys to a car to a teenager and let them out on the road without any supervision and/or training? Do you not understand that it is the same thing?

That is where we have gotten off track. We have many intellectually lazy people seeking status as leaders in the nation. That is the reason why we have lost our nation, because we have people who aren't trained to think critically when making critical decisions. These people are in over their heads, because they don't know how to find answers, which comes from asking the right questions. They don't study history and they don't have a clue about patterns. They aren't in over their heads, because of intellect. They are in over their heads, because they have their priorities mixed up. I am begging you. If you are in over your head, it is alright to admit it. If you don't have the time or desire to commit to public service, then let's find someone who does. Our lives and our livelihood are at stake.

I do not pretend to be a prophet. I have plenty of flaws. The story below, I convey to establish an understanding. We have a lot of people around here that are worthy of listening to. These people have great knowledge, passion, and talents. There needs to be more respect for the human assets that we have in this community. Sometimes we see an arrogance that gets in the way of allowing worthwhile efforts to develop and be fruitful. Maybe, if we give people, regardless of social status, an opportunity to express themselves, then we might be amazed at what was right under this community's nose all along. Let's spread opportunity and see what we can cultivate.

Why couldn't Jesus do miracles in His hometown (Mark 6:4-5)?

Reasoning from Scriptures Ministries

In Mark 6:4-5 Jesus affirmed that a prophet is without honor in his home town, and in view of that reality, He could not perform any miracles in Nazareth except for healing a few sick people. The people of Nazareth were apparently plagued by unbelief and paid little attention to the claims of Jesus.

At first glance, one might get the impression that Jesus' miraculous power was utterly dependent upon peoples' faith in order for it to work. That is not the meaning of this verse, however. It is not that Jesus was unable or incapacitated in performing a miracle in Nazareth. (Remember -- Jesus is the sovereign Creator of the entire universe according to John 1:3, Hebrews 1:2, and Colossians 1:16). Rather, Jesus "could not" do miracles there in the sense that He WOULD NOT do so in view of the pervasive unbelief in that city.

Miracles serve a far greater purpose, from the divine perspective, than just providing a raw display of power. Indeed, Jesus' miraculous deeds are often called "signs" in the New Testament because they serve to signify His identity as the Messiah. Since the people of Nazareth had already made up their minds against Jesus, and had provided more than ample evidence of their lack of faith in Him, Jesus chose not to engage in miraculous acts there except for a few healings of sick people. He refused to bestow miraculous deeds on a city that had rejected the miraculous Messiah. Unbelief excluded the people of Nazareth from the dynamic disclosure of God's grace that others had experienced.

Because of Nazareth's rejection of the person and message of Jesus Christ, He went on to other cities that did respond to and receive Him. We have no evidence that Jesus ever again returned to Nazareth.

The Dedication of Conover Station

On Monday, October 24, I went to Conover to check out the Dedication Ceremony of the Conover Station. The following Youtube Audio presentation of the speech of Conover's Mayor Lee Moritz Jr. The people of Conover were beaming from ear-to-ear, as well they should be. They have taken a building that was probably headed towards being demolished and turned it into infrastructure that will represent the forefront of a new Economic Paradigm.

Conover City Manager Donald Duncan gave a presentation to the Future Economy Council of Catawba County in September of 2010 and I wrote about it in the article entitled A Conversation about Conover Station and Economic Development.What we see are a lot of aspects of the paradigm of Reduce, Reuse, and Recycle incorporated into the infrastructure, architecture, and character of this project. What is most impressive is that Donald Duncan has never addressed regulations in a manner of why the City of Conover can't do things. He talks about how they handled Regulations in dealing with the Federal and State Governments and obtained grants to help fund this project. This Can Do, Will Do mindset is refreshing in a World where government authorities are constantly telling us why things can't be done and won't be done.

Conover has done all of this in an economic slowdown. I watched other Media Outlet's, in my opinion,  negatively spin this development, because they can't see the future. "It will be a long time until passenger trains ever stop in Conover, 'If Ever.'" Well preparation is necessary and Conover is preparing for the future, which should be lauded and is much more than one can say for most of the communities in our region.

I believe rail is going to happen and I don't think it is as far off as the Blind who mislead the Blind would have you think. It won't be tomorrow, but we are getting closer and there is something in many of us that desire the days of rail and riding the train. But, this isn't just about trains. This is a multi-modal transportation center where buses will stop also. This is in the heart of downtown Conover, so it will help with Economic Commerce. Read the article that is linked above and you won't be blind anymore. You will get the gist of Conover's vision.

I am sorry that I forgot to take a picture of the outside of the building, but the slideshow of the audio shows the beautiful "modern rustic" interior of the building.

Commentary on Local School Board Elections -- Silence DoGood

Recently, a question and answer session was engaged in between our venerable local newspaper, Hickory Daily Record and candidates for the Hickory City and Newton Conover school boards. I focused on the candidates for Hickory and found them to be intriguing, to say the least.

For those who may not read the article, responses were solicited by the HDR to three questions. “(1) Why did you file for election? (2) Area school systems saved some stimulus money for this school year, but it must be used by the end of the 2011-12 school year. With a tight State budget and no stimulus money, how will you keep teachers and technology in the schools next year? (3) Is there anything in the system that needs to be changed or improve?” Not bad as far as questions go. Basically what is it that motivated you to run. All that federal money will dry up at the end of this term, what and how are you going to try and keep things running without cuts in delivery and ability, and what do you think that needs to improve or be changed. The responses are a critical reader’s delight and hence, the impetus for this piece.

The candidate at large and the candidate in Ward 4 are running unopposed, so the seat in contention is in Ward 6 between 4 candidates. Of the 4, it seems one was not too interested in responding to the questions. So here I go, in no particular order, analyzing the candidates.

Accordingly, Brandon Lee is obviously too busy to answer or has nothing to say. Either way, I would think that if you ask someone something 7 times and that doesn’t elicit a response, and that person is a candidate for public office, I’d say they aren’t too interested in people knowing where they stand, what they think, or what they want to do if elected to that office.

Next up is Larry Herman. He seems like a very frank and forthright person. I have no clue why he’s running for the school board. The overview of what Larry said is, the system works, nothing is broke, we’ve got money, we don’t need their stimulus money, we’ll survive. Laissez-faire governance and maintenance of the status quo for the K-12 generation, that seems to be what Mr. Herman is about, reading his responses to the questions. Now, if that isn’t a fair summation, that’s fine, but it is merely reflective of what he has written and submitted.

Talking about the budget, Larry thinks the budget is “nicely managed” and the financial department “always gets an award.” That’s all fine and good, but how, precisely are you going to deal with the loss of those funds? How are you going to vote when it comes time to make tough choices on what the schools really need or what you think they need. Nah, Larry seems like an okay guy, champion of education he just doesn’t seem to be. Nor does he seem to be willing to look at new ways, concepts, or processes that can maintain, or dare I say, improve the quality of education currently being offered.

Amy Monroe is up next in examination. She should certainly have time to devote to the endeavor of serving on the school board since she has no occupation. However there is nothing wrong with being a stay at home Mom, if that were the case. But Amy chooses to engage herself via the PTA and parental activism in things education. Which makes me wonder how willing she would be to serve if she did not have a vested interest in her own children in said school system. Self-interest is not a viable reason for coming into the realm of public service. Volunteering and tutoring are laudable attributes and pursuits. However, do those things provide the requisite exposure and experience to govern as Amy claims or merely allow one to share their own knowledge with others to fill a niche or void? I’m thinking it’s the later. Amy has a very Rainbow Brite perspective of what is currently and soon will transpire within the school system. The problem is, there is no pot of gold at the end as the storm clouds thicken. The rest of her response is generalized candidate boilerplate. Waffle, dodge, hedge, and give non-specific answers.

Finally Rebecca Inglefield. It is my opinion that she is perhaps the most qualified professionally and probably has the most commitment to the office. However, I do not think that one of the biggest challenges facing the school system is bullying. It is a problem, not the problem. Insofar as the community stepping up and supporting, I think they are supporting, to the extent that they are able to support. With current economic conditions being what they are, the elastic on that strap is at the breaking point. But Rebecca knows and states that for education to succeed, there must be a solid foundational basis and that has to be provided early on. Reading is the fundamental attribute to everything else. Math, science, art, poetry, or English is absolutely worthless and meaningless without the ability to read. That foundation is the basis upon which everything else is constructed. She understands and states precisely that. Therein, in all likelihood, lies the problem with Rebecca being elected; she makes sense and knows what she’s talking about and talks about the kids, not herself or how great the board is, was, or will continue to be.

Am I seeking to use this forum to endorse or recommend one candidate over the other? No actually, I’m not. I’m merely reading critically what’s written in response to the question posed. Read the question, read the answer or response, see how well it’s being answered. See if it answers the question to an acceptable level, if the answer makes sense, and finally if the answer comports to the notion of where and how the reader thinks the schools should be going.

The reason for this is to heighten awareness to and for education. Now, there are those among us who think that education is perhaps overrated, they made their way in the world without a formal education and they got along just fine. In a less complicated, less technologically advanced existence that was probably true. You could eek out a living and if you were incredibly lucky, even enjoy a modicum of success without benefit of an extensive formal education.

But that doesn’t mean that those folks were un-educated either or stupid. In days gone by, the basics, reading, writing, arithmetic, and science were the backbone to education. The keystone to everything is, of course, reading. Today, the ability of those graduating high school and even college to read on an adequate level is dismal. We have gone from being able to entertain ourselves with our minds to mindless entertainment. We have lost our ability to imagine our world, but simply exist in a world not of our creation. Folks, there is nothing wrong with daydreaming that I have ever found. The ability to imagine and see things not as they are, but how they could be. What is wrong with exercising our minds in the same manner as our bodies?

It takes a formal and technologically structured education with a solid foundational basis in science and math, a command of the language, along with the ability to understand the words as opposed to just looking at a bunch letters strung together in a particular order to succeed, or even get a start in that direction.

This is what’s at stake with this election. Who you elect and put on the school board will have a direct effect on the future. Not just your future, the future of society and this region, since graduates don’t just stay inside Hickory municipal limits. With education all things are possible. At the moment, we are sitting in between the past and the future in what we call the present. What is to become of the future without a solid foundational basis in education and the basic building blocks?

The foundational nexus upon which all other things are built is the imperative for a viable person, region, and economy. Some would contend it’s about less or more regulation, or fewer fees and taxes, or more fees and different taxes, or a host of other things. Rational people do rational things however and while it might not take a formal education to accomplish that or realize it, it does take a formal education to make it happen.

The investment is in the kids who will be our future. You want to make that as complete and comprehensive as possible. The alternative, of course, is going backwards. Of course, no one ever said that evolving means forward progression. It simply means changing. How are we preparing to change and who will guide it to give your children the most opportunity?