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Thursday, December 17, 2009

Posted by Bob Geary on Thu, Dec 17, 2009 at 5:13 PM

What was Ruffin Poole's secret "privilege" that caused a Superior Court judge to rule that Poole need not testify before the State Board of Elections in its investigation of former Gov. Mike Easley's campaign finances? Was it attorney-client privilege? Some sort of executive privilege, since Poole was Easley's general counsel for a time? No, it was the privilege not to be forced to supply testimony if it might be self-incriminating -- a basic 5th Amendment right.

Poole, a fellow dubbed Easley's fixer by The News & Observer, went before the Board this afternoon -- the judge's ruling having been stayed by a Court of Appeals panel -- and was ordered to state the nature of the privilege he'd asserted to the judge or be sent to jail for contempt of the Board. OK, said Poole's lawyer Joe Zeszotarski, since you put it that way, the privilege was against self-incrimination. Poole would refuse to answer the Board's questions, Zeszotarski said. Whereupon the Board didn't ask him any, and Poole hustled out of the room without saying a word.

Remember, said Board Chair Larry Leake, asserting your 5th Amendment right not to testify isn't supposed to be taken as evidence that you're guilty of criminal conduct. Legally, that's true. But in the court of public opinion, especially when you're refusing to testify about what you did as a public servant in the governor's office, innocent's not the word that comes to mind either. Put Poole's plea together with this morning's news that Easley retained the services of crack Raleigh defense attorney Joe Cheshire, and the outlook for Easley is definitely not holiday bright.

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Monday, December 14, 2009

Posted by Bob Geary on Mon, Dec 14, 2009 at 5:22 PM

The Raleigh Board of Adjustment, after a nearly three-hour hearing, voted 4-1 to uphold the inspections department's decision that Bett Padgett's house concerts violate the city's residential zoning. The fact that she hosts more than three concerts a year, the board decided, makes them a business even though she doesn't sell tickets, doesn't make any money or try to (and spends her own money on refreshments), and they're in her living room. She does accept donations and gives the money to the artists. Freedom of assembly? Board Chair Larry McBennett thought so; but four other members decided that, even if the concerts aren't a business, they have the appearance of being a business under the city's code, which prohibits any "prima facia business, commercial or industrial" -- whatever that means.

The Padgetts may appeal the ruling to Superior Court. They have 30 days to make that decision. City Councilor Thomas Crowder may also try to get the zoning code revised to better distinguish between concerts for profit, which should be illegal, and concerts for guests in your home, which should be allowed. After yesterday's decision, both are illegal if you host more than three a year.

More below the fold.

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Posted by Bob Geary on Mon, Dec 14, 2009 at 11:20 AM

The Wake school board meets tomorrow (Tuesday). A day later, the YWCA and WakeUP Wake County are co-hosting a community forum on school issues. For the activists, it's a chance to compare notes with each other and board member Keith Sutton. For those concerned about the schools who haven't been active as yet, it's a chance to make some acquaintances -- including Mr. Sutton -- and get in on the ground floor of the still-forming "Great Schools in Wake Coalition."

The forum starts at 6 p.m. Wednesday at the YWCA, 554 E. Hargett St., Raleigh -- five blocks east of Fayetteville Street on Hargett.

A press release with more details is below the fold.

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Friday, December 11, 2009

Posted by Bob Geary on Fri, Dec 11, 2009 at 2:07 PM

What critics term "busing" in Wake County -- or sometimes "forced busing" -- is in reality a web of policies mixing neighborhood schools, year-round schools, and magnet schools  with a limited number of assignments (usually for kids from low-income neighborhoods) to somewhat distant schools for the purpose of maintaining socioeconomic diversity in all schools. Pull the diversity thread out of the web, add a new policy of "equal funding for all schools," and you may begin an unraveling that ends with the collapse of the magnet system. Thus, though new Board of Education Chair Ron Margiotta has written recently [his letter is copied below the fold] to assure magnet-school supporters that his new majority bloc has not discussed any changes to the current magnet system, many worry that what they are discussing will submarine it, intentiionally or otherwise. And Margiotta's letter, of course, doesn't say they won't change the magnet program eventually, only that they haven't gotten around to it as yet.

Enloe High School students are organizing in support of the magnet program, including an online petition which can be found, and signed, here.

The petition reads:

To: Wake County School Board

For years Wake County has had a policy that ensured students would attend diverse schools. Students would be able to go beyond their own social classes and experience views expanding across the entire world by stepping through their school doors at 7:00am. Students were taught that no matter what their class, race or religion, it was possible to unite and form a community that was strengthened by their differences. However, there are plans in motion to change this current system. There are those who wish to build neighborhood schools that would socioeconomically segregate students. Not only would the division between lower-income students and higher-income students cut deeper, but racial diversity could very well take a step backwards by discouraging students to venture beyond their own racial group.

Please, sign this petition and preserve diversification within our schools.

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Thursday, December 10, 2009

Posted by Bob Geary on Thu, Dec 10, 2009 at 1:10 PM
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(Update 2: Word from Ron Margiotta is, there will be no controversial issues on the COW agenda Tuesday. Staff is putting it together, his email says, but he's sure diversity will not be part of it. Hence all the x-outs below where it used to say otherwise, you know, about having a COW.)

(Update 1: WakeUP Wake County will coordinate the formation of a "pro-excellence" coalition; name is the "Great Schools in Wake Coalition." This from Yevonne Brannon, WUWC's board chair. "Groups and individuals concerned about the impact of decisions made by the Wake Board of Education" are invited to join. The meeting today -- see below -- produced a working draft of the mission statement, which is being reviewed by a dozen or so allies and potential allies. Brannon's contact: ybrannon@hotmail.com)

Emails are going around about the need to get there early Tuesday afternoon to be sure of getting into the Wake school board meeting. One suggested getting there an hour ahead of the 3 p.m. start time. But the real action could be in the Committee of the Whole meeting that begins at 1 p.m. in the tiny Board conference room (though if enough people show up, they'd presumably move to the meeting room). There's no agenda for the COW as yet (I sent a note and left a voice message for Board Chair Ron Margiotta -- will update when I hear anything more). But it's worth noting that when the new board majority reversed itself last week and voted to put its proposed resolution on student assignments -- the one that struck out all references to diversity as a desirable thing -- they put it into the policy committee and the COW. (Background on their first meeting here.) Thus far, there is no policy committee, and a couple of folks who've spoken with Margiotta lately have the impression he doesn't plan to name one.

In short, if you're thinking that diversity can't be on the Tuesday agenda at 3 because it's been referred to a committee that has yet to meet, you may or may not be rright -- it's entirely possible the resolution on diversity will be discussed by the COW at 1 o'clock and be ripe for action when the Board convenes formally at 3.

As you may already know, the teabag crowd (Americans for Prosperity) has made turning the Wake school system upside down its latest cause. They're emailing folks to show up for a rally at the Wake Board offices at 2:30.

Meanwhile, WakeUP Wake County hosted a meeting today of groups not aligned with the teabaggers. It was an invite-only meeting; not for press ears. But the purpose was to establish a mainstream coalition with a mission statement that says everyone should take a deep breath before doing something they'll regret to Wake's schools. More on that soon.

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Wednesday, December 9, 2009

Posted by Bob Geary on Wed, Dec 9, 2009 at 3:05 PM
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(An update from Faulkner Fox, who's helping to raise money following Rhonda's seizure yesterday:

TO DONATE TO A FUND FOR RHONDA'S MEDICAL EXPENSES: please send a check made out to "Southern Coalition for Social Justice" with "Rhonda Robinson fund" written in the note line on the check to:

SCSJ

Suite 470

115 Market Street

Durham, NC 27701

IF ANYONE HAS IDEAS ABOUT HOW TO HELP RHONDA GET HEALTH INSURANCE,

please contact Faulkner, faulkner@durhamforobama.org

TO SEND A NOTE OF SUPPORT TO RHONDA,

please write to:  Rhonda@durhamforobama.org)

I can't help you on the subject of what they're doing with health care reform in Washington. I recommend Talking Points Memo and Firedog Lake as reasonably up-to-date sources (as up-to-date as they can be when nobody knows wtf  to do about Joe Lieberman). I can help you -- or Jon Parker, the Durham filmmaker-activist, can -- as far as what's important to think about as you try to follow the bouncing bills. Here's a link to Jon's post on DailyKos -- it concerns Rhonda Robinson's setback yesterday, humanity, and why we just can't give up on this thing as much as we may be tempted to:

Eventually, the doctor with the white lab coat comes in to check on Rhonda. After perusing the file, the doctor asks the attending physician "Why is there no neurologist report in the file?"

The attending physician says "She is uninsured."

She is uninsured...

SHE IS UNINSURED!

So let’s get this straight. Rhonda has epilepsy. Rhonda is having seizures despite taking her prescribed anti seizure medications. Rhonda lives in constant pain. Rhonda needs to see a neurologist. Rhonda is uninsured. Rhonda could die!

Rhonda is asleep or unconscious or whatever in Exam Room #43. I rummage through her purse to find her cell phone and the cell numbers for her kids.  And there in her purse is the blue index card with the notes for her never delivered speech for what it means to be uninsured in the United States of America.

If there is a god, how about a blessing for Jon and Rhonda Robinson. And read Jon's post.

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Posted by Bob Geary on Wed, Dec 9, 2009 at 10:44 AM

(Update: The decision is in; I have a post up about it -- here's the link.)  The question before the Raleigh Board of Adjustment on Monday: Are the house concerts hosted by Bett Padgett at Bill and Bett’s Little Lake Hill home—all proceeds go to the musicians—a very nice thing to do? Or an illegal business?

The city’s inspections department says they’re illegal, a violation of the rules limiting the types of business you can operate in your house. Little Lake Hill, off Dixie Trail, averages nine concerts a year with audiences of up to 100, says Inspections Chief Larry Strickland. Even if house concerts were permitted, which they’re not, the annual limit on “temporary events” is three.

“It’s a truly ludicrous interpretation of the code,” says Jack Nichols, Bett Padgett’s lawyer and, by the way, chair of the Wake County Democratic Party. There’s nothing business-like about the concerts; they’re private parties for a pro bono purpose. “If you take it to its logical conclusion,” Nichols adds, “the city’s position means that you couldn’t have more than three birthday parties a year in your home, or political fundraisers, or Bible study meetings.”

He didn't think of Tupperware parties, but them too, presumably.

Bett Padgett says she’s hosted 87 house concerts in nine-plus years, and never taken a dime for any of them. Donations are accepted at the door—usually $10—and the entire gate goes to the performer(s). Most of them are highly accomplished folk musicians who play small venues and appreciate the chance to make up to $1,000 in an evening. Refreshments are free, courtesy of the Padgetts and whatever the audience brings. Full disclosure: I’ve been to several of her concerts.

Little Lake Hill is an unusual property. What used to be two houses (and lots) are joined together, and the result is a spacious venue for meetings or parties. Bill Padgett, a longtime civic activist (and former Indy Citizen Award winner) has hosted many large meetings in his house, lately including the Dix 306 group that’s working to make the Dorothea Dix property a park if the hospital closes.

There’s plenty of on-site and on-street parking available for the concerts, and Bett Padgett says they’ve never had complaint from anybody about noise.

But someone did complain—anonymously—that the concerts were a zoning violation. Nichols thinks it’s somebody who doesn’t like Bill Padgett’s progressive politics.

The Padgetts collected 120 signatures from supporters last week at their annual holiday party (another gathering?), all verified by a notary since the Board of Adjustment is a quasi-judicial body.

City Councilor Thomas Crowder, who represents the Padgetts in District D, thinks they’ll win their case. But if they don’t, he says, the ordinance will need to be changed. “Otherwise, every Cub Scout who attends a regular meeting at somebody’s house will be a little criminal,” Crowder says, “and as an Eagle Scout, I can’t have that.”

The Board of Adjustment meets Dec. 14 in City Hall, beginning at 1 p.m.

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Tuesday, December 8, 2009

Posted by Bob Geary on Tue, Dec 8, 2009 at 4:37 PM

Great reporting by the N&O's Josh Shaffer, which allows only one conclusion: Wake County Commissioner Tony Gurley, pretender to the chairman's seat, has lost his mind, perhaps in the same location where his fellow Republican Commissioners Joe Bryan and Paul Coble lost theirs. It's a must-read ... and a must-remember.

One question: Democrat Betty Lou Ward has been on the Board of County Commissioners for 21 ydears, and she didn't know that when she left the room without asking to be excused, she was opening the door to the Republicans' trick? Of course she did. Still, the Republicans's behavior, which lasted all night and into the morning hours, was inexcusable. What were they doing, trying to out-boor the Republicans on the Wake school board?

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Wednesday, December 2, 2009

Posted by Bob Geary on Wed, Dec 2, 2009 at 11:53 PM
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As the first meeting of the "new" Wake County Board of Education ended last night, more than five hours after it began, I listened in as former board member Carol Parker and former candidate Curt Stangler were discussing what they'd just seen. Parker said she was furious about the majority's preemptory tactics.  Stangler, not disagreeing, predicted better times ahead -- because how could things get worse?

I should immediately add that Parker's not the furious type, and Stangler even less so, if that's possible. You're looking for solid moderates? Reasonable people who'll listen to every side? They are all of that. Parker was part of the old pro-diversity majority when she was on the board, Stangler a mild critic when he ran in '05. (He lost to Eleanor Goettee in District 9, the Cary district.) But there's not a strident bone in either one of them. And last night, sitting together, they probably constituted the only unaligned pair of observers in a meeting room filled with angry teachers, angry parents, angry (or appalled) Wake school system officials, a few folks who were on the side of the new board majority, and of course  the objective press corps, myself included.

My point is, if even Carol Parker and Curt Stangler thought the new board majority had just screwed up (and they're much too polite to use such a word, but on the way out of the meeting Parker repeated to Debra Goldman, who's part of the majority bloc, how furious she was about their tactics), it's a pretty good indication that the majority's debut as public officials in charge was an unmitigated failure.

Let's review: There were two ways the new five-member majority could've handled their first meeting. One was, they could've reached out to those on the other side -- including the other four members of the board -- and initiated the kind of gradual, thoughtful and community-wide change process that the issues facing the school system clearly merit ... and that some of the five, at least, have been promising since they were elected. They won; they have an agenda; no need to rub everybody's noses in it.

The other way: They could charge in, ignore everybody who's missed out on the Kool-Aid, do the same thing they accused the old board of, which is not listening to people with different ideas, and attempt to get their way real fast before any opposition can get organized to stop them.

The five -- Goldman, Debra Goldman, Deborah Prickett, Chris Malone, John Tedesco, and the new chair, Ron Margiotta -- chose the second way.

If there'd been any fur in the room, it would've flown a few minutes after the meeting started.

But then a funny, if predictable thing happened. The five of them blinked.

Having pissed off just about everybody there with an amazingly brazen or else tone-deaf brand of political pushiness, the five seemed all of a sudden to get cold feet, and they backed away from most of their own agenda.

Thus, they ended up with the worst of both worlds: They came off looking like power-hungry pols who didn't give a damn about consensus; but unlike your effective PHP's, they'd failed to finish the job and in fact let themselves be talked out of most of what they proposed rather easily -- which made them look inept.

That's not to say they won't follow through on all of it eventually. It's only to observe that, after coming to their first meeting loaded for bear -- with a list of eight giganto policy resolutions they literally pulled out of their pockets and threw on the table -- the new majority hemmed and hawed and struggled to defend their positions to the point that you wondered about their ability to, you know, plan ahead?

I mean, if you're going to act like a bully, you shouldn't cave in at the first sign of resistance.

As we were walking out of the meeting, Goldman said her intention was to present the various resolutions for debate -- "get the issues on the table" -- and not to ram them through. She anticipated lots of discussion and give-and-take, she said. She seemed sincere (and a little shell-shocked).

But if that's what she intended, it sure didn't come off that way. Which Parker told her straight up. Goldman said she was chagrined that most of the teachers, who'd hooted loudly at the new board's openers and used the public comment period to chew them out, walked out a little later -- after Margiotta threatened to have them removed unless they quieted down.

Parker told her they had a right to walk out, and she predicted that the way the majority conducted itself would only serve to awaken a sleeping giant -- the vast number of teachers, parents and other supporters of the Wake school system who didn't vote in October, probably because they thought both sides in the campaign had a point, but who aren't going to like it if the new board tramples everything that's positive about the Wake system.

Stangler thought that Goldman should be credited for sounding a conciliatory note, and pulling her allies back from the brink, after the others had dug themselves a deep hole with their blustery beginning.

Fair enough. I also thought John Tedesco, who talked community-wide process in his interview with me a month ago but came in firing last night, had a moment of clarity at a key point, albeit only after Goldman got through  to him that things were dangerously out of control.

The Tedesco/Goldman moment came as the majority was preparing to obliterate the longstanding board policy on diversity, the major issue in the campaign. The five presented their resolution and, after a brief exchange, rejected by a 5-4 vote a motion by Keith Sutton, a board member in the pro-diversity minority, to refer the matter to the board's policy committee.

Given that the resolution wasn't on the meeting agenda, and no one had seen it before last night (and the majority brought no copies to share), sending it to a committee seemed a reasonable -- no, obligatory -- step.

The diversity policy, after all, is only the cornerstone of the system's three decades of success, and maybe you don't just want to toss it out without hearing a little discussion first?

But no, the majority voted as a bloc to plow ahead. On a 5-4 vote, it rejected Sutton's motion. But with Goldman obviously uncomfortable, Tedesco called for a five-minute recess, and after the five huddled, they came back and reversed themselves, accepting Sutton's motion unanimously.

By then, however, their dye was cast. They were bullies, but also weak. And the chance they'd had to bring their critics around to a consensual change process was out the door.

Four of the five, of course, are new members -- and three are novices at holding public office. (Chris Malone is a former Wake Forest committeeman.) Maybe I'm going soft, but it's possible for me to imagine that the three, at least, didn't mean to strike a confrontational note, they simply blundered into it.

But the chair, Margiotta, isn't new. He's been a board member for six years, and it was his job -- after his allies elected him -- to set the proper tone. I'm no judge of whether he, too, blundered, or whether he thought belligerence was the right way to go. But Margiotta, who said little throughout the meeting, was obviously  prepared to adopt every one of the eight resolutions on the spot until Goldman and Tedesco pulled back. He set the tone, all right, and his colleagues followed him off the cliff.

So what did the Board actually do, or not do, last night? A brief blow-by-blow will follow below the fold.

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