CivilLiberties


I was unable to attend the latest Civilian Review Board meeting but according to the Indy’s Joe Schwartz, the process continues to lurch forward.

One point that I thought needed answering, why wait for NC legislative approval, was dealt with. Sally Greene and Mark Kleinschmidt both seemed to endorse moving forward creating a board that had all the powers of review except that of perusing personnel records (which will require statutory approval – something already done elsewhere).

Barry Freeman, one of the protesters arrested 2 years ago at Chapel Hill’s Army recruitment office, laid out the case for not waiting:

“A review board can be set up that receives complaints doesn’t necessarily have to go call some policeman and look up his record,” Freeman said. “That might be nice, but without that you can still have 90 percent of the value of a review board. Waiting for the General Assembly to act is just putting off for longer than the two years we’ve been waiting to get this going.”

I’m still thinking through how to best deal with the issues which sparked the call for such a board.

The current Council/Mayor special review committee is too insular to qualify as an instrument of transparency and greater public overview.

Creating a new overview group, though, also runs the risk of building walls between the community and our police force. In many ways, our current force, and its management, have worked to bridge the gaps exposed by a number of recent incidents.

I participated in the recent community/police forums which was supposed to create a list of issues that the force needed to focus on. There were several problems, unfortunately, with those forums: the process was stilted and forced – crafted to avoid “hot spots”, the output of the forums was watered down substantially at the summary level (distinct critiques were lost in massaging them into more general categories) and instead of an iterative approach – taking input from the first set of forums, creating responses and then bringing the public back in to refine their critiques – the point-in-time sample was seen as complete.

Without regular community engagement, these forums cannot be seen as a substitute for a more formal review board.

There needs to be quite a bit more community discussion on how the board will function, how the membership is recruited and appointed, how the process won’t build walls but bridges between the force and the community, etc.

Oct. 11th the Council as a whole will weigh in with their opinions.

[UPDATE:] Joe had Indy comments opened.

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[UPDATE:] According to Chapel Hill News reporter Jesse D. the Council finally agreed to Laurin’s request. Staff will research and report back on the options this Fall, approximately 18 months after her first request.

Quick note from this evening’s Council meeting. Council member Laurin Easthom renewed her reasonable request (reviewed here [THE LIBRARY AND THE FREE LUNCH]) for additional fiscal analysis of the recently approved Library expansion.

Her original April 2009 request to the staff and Town Manager for a range of specific funding scenarios to manage both the transitional and additional operational cost of the Library expansion has been rebuffed successfully over the last year.

Why the delay?

Possible political embarrassment to some of the Council folks who pressed for expansion in-spite of foreseeable negative consequences. A real analysis would reveal the weakness of the current estimates for these costs.

Tonight’s problem, though, is that Laurin is well within her rights as a sitting member of the Council to request staff input and that foot-dragging is not acceptable. Rather than strengthening her call for informed decision making, some of her colleagues have tacitly participated in this delay.

Tonight her re-request for this information spawned a half-hour of meandering Council commentary.

Instead of a clear directive to staff to produce the report, Mayor Kleinschmidt punted the issue to later this evening. Mark, rather than reaffirming his colleagues simple, reasonable request, dispatching it quickly, instead, muttering several times that “folks are waiting” and “we’ll discuss this after 12:30″, pushed it to the Council meeting dead zone.

Anyone that still buys the myth former Mayor Foy touted of a Council grounded in collegiality should take heed how the tactics of the imperial mayoral-ship he fostered impedes respectful dissent even within the Council itself and harms a transparent, reality-based approach to decision-making.

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Search engine providers like Google are making cash by building detailed profiles of your web surfing habits.

There is a slew of technologies they use to track usage, following folks as the hop-skip-and-jump across the world wide web. In this “social networking” world it seems like many people wait until an inevitable crisis before taking even the most rudimentary precautions.

Even then it isn’t always obvious who is prying or how much snooping is going on.

I am not a member (and never plan to be) of many social networking sites, like FaceBook, because of the aggressively antagonistic approach they’ve taken towards maintaining a balance between exposing folks personal data and commercial gain. I vehemently disagree with FaceBook’s Zuckerberg that “the age of privacy is over” and that users should just suck it up and let him and his ilk commoditize our private lives for his personal gain (FaceBook certainly doesn’t offer a compelling enough value proposition for me to willingly trade away more of my privacy).

Even the simplest of activities, asking “questions” of the ‘net, can be used as fodder for the anti-privacy grist mill. For every move to secure folks basic right to that privacy, the industry counters – sometimes with the full complicity of the companies that develop surfing technology (think Micro$loth).

The Electronic Frontier Foundation, an organization dedicated to maintaining individual rights online, has teamed with the Tor project (software to “defend against a form of network surveillance that threatens personal freedom and privacy, confidential business activities and relationships, and state security”), to roll out a new Mozilla Firefox browser extension that encrypts your communication to a variety of services.

click here to encrypt the web

Encrypting communication with Google isn’t the same as eliminating their ability to build a profile of you based on your questions. Instead, encryption will make sure that your ISP (in my case ATT) and any other internet service provider between you and the end-service provider can’t snoop on your traffic and build their own profile of your activities.

Other than Tor, which anonymizes interactions with web-based services, there are a wide variety of additional extensions to Firefox available to combat Google and other service providers snooping.

  • BetterPrivacy – removes “super-cookies” which allow sites to track your wandering across the ‘net
  • Redirect Cleaner – new websites can’t discover what site you linked in from
  • AdBlock Plus – the king of ad blocking extensions
  • NoScript – limits sites use of JavaScript and other technologies to work-around privacy protections.
  • Ghostery – actively blocks tracking by a wide range of advertising tracking companies
  • Tor Button – manages use of TOR network which confounds network-based tracking of ‘net usage

While I expect CitizenWill readers are the kind of folks who wouldn’t casually give away financial or personal information to a complete stranger on the street, it isn’t always obvious how what we do online leaves tracks in the wider world – technology can help protect your privacy, the best protection remains a healthy dose of common sense and “eternal vigilance”.

There are no consistent set of laws that dictate basic privacy protections online, especially when it comes to commercial harvesting of what many of us consider personal information. The minimal expectation is that the “contract” between you and the service provider is clearly posted, easily understood and has provisions for terminating access gracefully.

Read sites TOS (terms of service) and privacy policies – including how they manage and protect your personal information – before entering into that “contract”. Understand what 3rd parties have access to your details, how you can opt out or eliminate what you share online. Determine if the benefits of the service are commensurate with the value you receive (you best know the value of your life’s details).

Finally, even though the rules that govern commercial entities are far from complete and our ability to demand fair treatment quite limited, we can demand basic protections on websites our own government provides.

For instance, Chapel Hill’s (now defunct) Technology Advisory Board, strongly recommended 5 years ago that the Town’s own website had a clear and easily accessible terms of service/privacy policy. As of 2010, that more than reasonable request is not part of the Town’s commitment to serve the public’s interest.

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Of the few ways one can “exercise” citizenship directly, being chosen as a sitting juror seems most capricious.

Ever since I turned 18 I’ve waited for the call.

Master jury lists in North Carolina are randomly drawn from voter rolls and driver license records. Having been a licensed driver and voting maniac (all elections except one 2nd primary) for over 30 years, I expected to have been selected at least once before now, yet it was only last month I was notified of my first opportunity to serve.

Given my activist background, I imagined that being selected to serve in court was a long shot. Still, getting my chance to discharge this citizen obligation was rewarding enough. Yes, I know it might sound a bit crazy to many folks, especially those who have tried and possibly succeeded in ducking the call, but I was excited my turn finally arrived.

Orange County has a fairly efficient system. You get a letter a month beforehand. You’re instructed to call a particular phone number (919-644-4516 in Orange County should you happen to Google this post) the night before to check your status.

After returning from this evening’s Board of Commissioner’s meeting I made that call.

The disappointing recorded message was short, to the point – “All jurors are excused. This concludes your jury service.”

Excused, yes. Concluded? Just doesn’t feel that way.

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According to today’s Chapel Hill News (IFC may delay new shelter), the Inter-Faith Council is looking at a delay while the questions raised by local residents over the last few weeks are resolved.

Inter-Faith Council director Chris Moran said the agency may delay its development permit application amid neighbors’ opposition to a new men’s homeless shelter on Martin Luther King Jr. Boulevard at Homestead Road.

Despite support from United Church of Chapel Hill, which is adjacent to the site, Moran faced a throng of red-clad protesters as the Town Council reviewed IFC’s concept plan for a 50-bed shelter last week. These neighbors anticipated homeless men loitering, panhandling or causing other mischief around their homes, schools and Homestead Park — basically, the same complaint some downtown merchants and visitors have expressed about the street people downtown.

The council challenged IFC to address these concerns and explain how the agency chose the Homestead site. For example, IFC is seeking detailed crime data from the police department for its Rosemary Street shelter.

That sort of research could disrupt IFC’s initial plan to gain a permit about a year from now and open the doors in January 2012.

“We will probably delay the special-use-permit process,” said Moran. “It would be disrespectful for us to file for an SUP permit if these questions haven’t been answered.”

I asked Police Chief Curran a couple weeks ago for some of the required statistics (here).

I’ve read every email forwarded to the candidates on this issue with an eye towards publishing those questions for inspection by the wider community.

Luckily, Tina Coyne-Smith, one of the concerned citizens that has taken a lead on this issue, prepared a detailed assessment of the neighborhoods’ issues for her presentation to Council last week.

She has also graciously provided a copy (here [PDF]) so that the public, the IFC and other stakeholders can review and respond in a fact-based manner.

The three categories of concerns driving opposition are:

  1. Proximity of the shelter to a park, residential neighborhoods, and daycares, afterschool programs, and schools
  2. Unintended consequences of the shelter that raise safety concerns
  3. Inequitable distribution of human services in NW Chapel Hill incurred by placing the shelter at the proposed site

A few of the underlying issues raised have been answered by Chris Moran in the FAQ he provided earlier here (Q&A IFC Community House).

I also recently asked the Town’s Attorney Ralph Karpinos if the IFC, in cooperation with the police, could rule out who on the list of incidents was not a shelter resident. Anecdotal evidence indicates that folks report their address as the shelter even when they aren’t clients. He responded that this was a question for the IFC.

While I believe there is value in sharpening up the statistics, I also want to protect the privacy of those that IFC serves. Any method the Town uses to get a better grasp of the scope of this potential problem must honor folks right to privacy.

Whatever the outcome of the current discussion, the process used must be transparent, fact-based and use a decision-making framework that incorporates the requirements of the IFC, community-based criteria (as with the waste transfer site selection), the Town’s legal and developmental guidelines along with a strong dose of common sense.

Given the respectful tone established by Tina, Chris and many of the other folks that spoke last Monday, I believe that our community can not only reach a consensus on this particular issue without bitterness but also take this opportunity to work even harder on addressing the problems driving and accompanying homelessness in our local community.

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I write my ‘blog knowing full well that there are many folks more eloquent, more on-point than I will ever be. Jim Protzman, former Chapel Hill Councilmember, BlueNC’r sent this simple request to Representative David Price about the Bush Administration’s $700 billion long con.

Dear Congressman Price

We were told last week that the world would end if the bail-out didn’t pass immediately. It didn’t pass, and the world didn’t end. Then we were told we had a few days. Then we were told next Monday would be okay. Some even say a few weeks would be okay.

The truth is, no one in Congress has any freakin’ idea what you’re dealing with here. The $700 billion figure was pulled out of Paulson’s ass. It has no grounding in reality whatsoever. It’s not even clear that a bail out is absolutely necessary…..

Dead on. Thanks Jim for articulating, if even a little freakin’ off-color, what I want David to do – reject the Bushies final grift.

Unfortunately, I’m afraid that David’s efforts, if he should take Jim’s sage advice, will be subverted by his own party’s leadership, ala Salon’s Glenn Greenwald’s recent observation what the Democratic Leadership
(The complete (though ever-changing) elite consensus over the financial collapse) will probably do:

Leave aside for the moment whether this gargantuan nationalization/bailout scheme is “necessary” in some utilitarian sense. One doesn’t have to be an economics expert in order for several facts to be crystal clear:

First, the fact that Democrats are on board with this scheme means absolutely nothing. When it comes to things the Bush administration wants, Congressional Democrats don’t say “no” to anything. They say “yes” to everything. That’s what they’re for.

They say “yes” regardless of whether they understand what they’re endorsing. They say “yes” regardless of whether they’ve been told even the most basic facts about what they’re being told to endorse. They say “yes” anytime doing so is politically less risky than saying “no,” which is essentially always and is certainly the case here. They say “yes” whenever the political establishment — meaning establishment media outlets and the corporate class that funds them — wants them to say “yes,” which is the case here. And they say “yes” with particular speed and eagerness when told to do so by the Serious Trans-Partisan Republican Experts like Hank Paulson and Ben Bernake (or Mike McConnell and Robert Gates and, before them, Donald Rumsfeld and Colin Powell).

So nothing could be less reassuring or more meaningless than the fact that the Democratic leadership has announced that what they heard scared them so much that they are certain all of this is necessary — whatever “all this” might be (and does anyone think that they know what “this” even is?). It may be “necessary” or may not be, but the fact that Congressional Democrats are saying this is irrelevant, since they would not have done anything else — they’re incapable of doing anything else — other than giving their stamp of approval when they’re told to.

This will be the third “big scare” used to justify the most corrosive of public policies. 9/11 led to the hasty adoption of the Orwellian Patriot Act. Fabricated “intelligence” of Iraqii WMDs led to the worst foreign policy and humanitarian disaster of the last few generations. And now, with the implosion of financial institutions whose underpinnings were based on incremental movements of trust in instruments spun from less substance than cotton candy, we have the rush to payoff the indefensible ripoffs on Wall St.

By every and any measure, the American public, prodded by fear and ignorance over 7 years, have emptied their, their childrens’ and grandchildren’s pockets – trillions of dollars – in the largest transfer of public weal to private hands ever.

Never have so many given so much to so few.

And as the Cheney/Bush madministration draws to a close, this third and final act seeks to strip the America’s cupboard bare, dot the final i on the most incompetent Presidency in our Republic’s short history and end, it seems, by drowning the Neo-Con’s favorite whipping boy – a Federal regulatory government – in the bathtub.

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[UPDATE]
The meeting started out with a set of criticisms, especially from Barry Jacobs, about the consultant’s work product and process. “This is not the process we agreed to…” sums up the majority’s concerns.

I called for a reworking of both the process and the criteria used to determine the siting of the transfer facility, including suggesting a “matrix decision” process (Trash Talk: Systematic Is The New Watchword). As such, I agree that this wasn’t the process the BOCC wanted or asked for. I understand that during the summer it is more difficult to track progress of ongoing projects. That said, the BOCC knew that this particular issue required more oversight than usual and should have been prepared for substantive process this evening.

Nice if they had “got it done”, as one public commenter said.

In any case, it appears that the Eubanks road location is slated to be bumped on community concerns putting Hillsborough’s sites squarely at the top of list. It will be interesting to see how that discussion plays out.

Here (“Rogers Road Community:A Unified Front”) is a collection of background information.

[ORIGINAL]

Starting in the middle with community input.

First, room is packed to the point the fire marshal has asked that folks move out into the hall. Haven’t seen this many folks in the room in quite awhile…

Using the matrix decision process I suggested last year (Trash Talk: Systematic Is The New Watchword), the BOCC just agreed to apply the community criteria to the selection of a site from the top ten. Eleven sites were winnowed out of hundreds based on exclusionary and technical requirements. One of those was dropped because of an existing preservation agreement.

First up Rev. Campbell steps up and hands the BOCC two stacks of comments – each the size of a NY City phone book – and says “here’s some community comment” to get us started.

Next is Rev. Eaton (James B. corrected me, that was “Pastor Rick Edens from the UCC church on Airport “), calling on site #4, the existing Eubanks site, to be dropped.

UNC environmental graduate says that NC is the only state which has studied siting waste management and that, in general, those with little political power get stuck with the garbage.

Neloa Jones points out that if Federal EPA guidelines for site selection had been followed that Eubanks would have never made it to the list of ten. She asks that ALL the criteria be applied before any of the sites be eliminated but then continues by citing the relevant guidelines underlining that Eubanks Site #669 be eliminated. She finishes by saying “vote tonight”, “let it end tonight”.

Rev. Campbell is back. He handed in 340 community criteria comment forms. “36 years” is enough. 36 years of tainted ground water, unsafe roadways, etc. means there is no social justice for this community – in fact for all the citizens of Orange County. He calls on the BOCC to protect all residents – to protect their environment – to protect their rights. “Make the right decision. Remove site #669″.

Mike Gerry – Hillsborough board member – asks why two of the top sites are in the Eno River Economic development zone. Was quite concerned that his committee is just now finding out about those site selections. Wishes they had been involved earlier in the process.

I suggested earlier (2035: Orange County’s Garbage Center of Gravity) that these sites would actually function as an economic resource going forward. Not only being sited in a zone already set aside for commercial development, both sites are close to rail access.

Another representative from Hillsborough is pointing out that the two top sites (based on the exclusionary and technical criteria) will negatively impact Hillsborough’s development. You think that these sites aren’t in somebody’s backyards back “this is in Hillsborough’s backyard”. A backyard that Hillsborough already has planned to develop for its economic well-being.

Nate – environmental engineer with extensive background in site selection. In professional opinion the county’s consultants used subjective criteria in scoring Eubanks in an effort to depress its chances. First example – transit access on Eubanks should score higher given I40 access and existing road improvements. Second, existing site improvements on Eubanks makes it more technically superior than the score indicates. Third, existing perception that the 2011 closure will bring “a pristine meadow”, that isn’t the case. He’s trying to make the case that the technical and exclusionary criteria were biased and not objective in order to create a political excuse to remove Eubanks.

Unfortunately some folks are trying to drown this citizen out. His comments show that he hasn’t been following the story as closely as he maybe should to apply his professional opinion. He finishes by addressing the environmental justice consideration by calling on the BOCC to provide tax breaks, development funds, etc. to reward those neighborhoods. Of course, this means he doesn’t know that promises made to these neighborhoods have been ignored for over 36 years.

Jim Ciao – local developer for Waterstone – who is developing neighborhoods near site #573. They put $28 million into economic development where the OC and the BOCC asked them to put it. Is afraid that #573 will negatively impact their development.

Two more Hillsborough citizens pipe up that the entrance to Hillsborough shouldn’t be blighted by trash trucks. Jo Soulier says she doesn’t want to tell visitors that “instead of using Google to find Hillsborough just follow the trash trucks.”

Rogers Road resident Ken Meardon gets up to respond “to the lady who was concerned about following the trucks…imagine telling [folks] to follow the trucks to your house as I have these last 36 years.”

Kevin Wolff steps up and reiterates his opposition to the Rogers Road site. Asks that the commissioners begin to consider keeping our trash in county and not dumping it on another community. He points out that the costs for transporting our trash problem is only going to increase and calls for a resolution that will economically address our waste now and in the future.

Barry Jacobs wraps the session by reiterating that the community criteria will be applied by the next meeting and the final slate will be ready for community discussion.

Final tally – at 6:30pm the fire marshal counted 184 folks at the meeting.

[UPDATE Matt Dee's N&O report here. ]

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I broke my silence at this evening’s Town Council meeting.

All throughout the Spring I’ve tried to ignore the Council’s accumulating messes. It was difficult.

The Mayor and Council acting “shocked” by the financial predicament we’re in – something I’ve been forecasting for the last 4 years. More “shock” that the drought has real impacts on the community’s growth and well-being. Greater “shock” that gas hit $4 a gallon, the housing market slumped, credit is tightening and many of the other underpinnings of a successful, sustainable community are lacking.

I’ve tried these last 5 years to get them to move on the obvious deficiencies but….

Anyway, the recent mountain of excuses that some of them have spewed about why our Town is ill-prepared and the ascendancy of political gamesmanship over good – transparent, accountable and HONEST – governance was just too much to keep quiet any longer.

Here were my prepared remarks:

The criticism the Council has heard surrounding their attempt to extended health benefits seems to fall into two basic areas: one, it is another example of the current Council’s fiscal irresponsibility and two, the impropriety – really, the sneaky fashion – that the extension was introduced: burying it on the consent agenda – introducing it at an end-of-term meeting – a meeting with plenty of distracting issues – omitting previous public discussion or disclosure.

As you are well aware of, I’ve been pushing for greater transparency and accountability in our local governmental process which is why I think a number of citizens have contacted me to discuss both of these issues.

First – let us be absolutely clear.

While the Council has said that putting forward a self-serving policy with no public oversight was a “mistake” – the papers and radio are full of their abject apologies – let us recognize that while it definitely was a “mistake” it was not – in any fashion – an accident.

Tonight, I’d like to focus on this unfortunate continuation of a troubling trend – a growing use of political gamesmanship by some of the longest serving of the Council to deflect public attention from questionable or controversial issues. What may be excellent strategy to the benefit of a few is terrible public policy.

I’m sure the more experienced of our Council are counting on public concern about this issue to abate over the summer – that is part of the strategy. I’m sure that those that have said it will have little political impact on their re-election are quite correct.

We have seen tempests like the awarding of a no-bid contract to Member Strom’s campaign treasurer blow over. We have seen public outcry over the Mayor’s request to remove term limits from his office quiet quickly. Public concern about the Mayor and Council’s recent handling of the possible conflict of interest that one of the Councilmember’s family had involving RAM Development – the Town’s partner in the fiscally irresponsible Lot #5 project – seem to dissipate rapidly.

Over the many years I have observed this Council, I have noticed more and more of late – a willingness to cut ethical corners, to delay or deny public awareness of problems – to drag their feet on practical, needed improvements increasing transparency in the political process.

Yes, it is easier to cut those corners, to delay bad news – as many of you did when you borrowed from the Town’s rainy day funds, drained our much needed fiscal reserves and put our bond rating in jeopardy.

The pattern these last 4 years has been to deny the known fiscal impact of the bonds, to trivialize the financial jeopardy the Lot #5 boondoggle puts our Town in, to pretend that the cost-overruns on the Town Operations center or the foreseeable increase of gas to $4 a gallon and many other obvious trends were not going to affect this community.

Now we’ve seen the culmination of these self-inflicted “mistakes” in this year’s tax increase. Yet, as another example of the same type of political gamesmanship that brought us the health insurance debacle, the Mayor and others on the Council continue to claim this year’s increase is an aberration – knowing fully well that more bad news is on the horizon.

The measure of ones character, they say, is how you behave when no one is paying attention. I’d add that it is also a measure of ones political character if you not only talk about greater transparency in the political process but actually support it with policy changes.

What to do, then? The majority of this Council accepted the recommendations of the now defunct Technology Advisory board on opening the governmental process – shedding more light in greater detail of our Town’s operations. Stop dragging your feet and implement those recommendations.

As I’ve been asking for the last 5 years, deliver a complete and accurate agenda 7 days prior to a business meeting. No movement on zoning or budgetary items requiring modification within those seven days. Stop burying unpopular items – like the health insurance issue – in parts of the agenda that few rarely review. Don’t mix creation of zoning districts with far-reaching affects in with zoning modifications for a particular project – like you did with Greenbridge – something, by the way, Councilmember Thorpe agreed with.

Overall, you should take the summer to think about what kind of political character you wish to be remembered for. Are you going to take the easy way out – continue your growing reliance of political trickery to the public’s detriment – or are you going to push to make your job more difficult – require and respond to greater public oversight?

I tried to keep it less than 3 minutes as I didn’t want Jim Ward – who had already sternly lectured the citizenry about keeping it short – to give me hell for going 19 seconds too long.

I had to shorten my remarks – not sure how they came out. I’ll post the video when it’s available.

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[Update:] Quisling Democrats capitulated in a vote 293 to 129. Rep. Price votes NO!!. Good for him.

More here: House Approves Unconstitutional Surveillance Legislation .

Yesterday I couldn’t get an inking of how my local “progressive” Democrat US Rep. David Price would vote on the latest attempt to defend the indefensible. Would he vote to absolve ATT from its culpability? Would he further extend the reach of the US government into our private affairs?

US Sen. Russ Feingold, one heck of a leader, had no such problem:

June 19, 2008

“The proposed FISA deal is not a compromise; it is a capitulation. The House and Senate should not be taking up this bill, which effectively guarantees immunity for telecom companies alleged to have participated in the President’s illegal program, and which fails to protect the privacy of law-abiding Americans at home. Allowing courts to review the question of immunity is meaningless when the same legislation essentially requires the court to grant immunity. And under this bill, the government can still sweep up and keep the international communications of innocent Americans in the U.S. with no connection to suspected terrorists, with very few safeguards to protect against abuse of this power. Instead of cutting bad deals on both FISA and funding for the war in Iraq, Democrats should be standing up to the flawed and dangerous policies of this administration.”

Senator Russ Feingold (D-WI) is a member of the Senate Judiciary and Intelligence Committees.

Capitulation.

Damn, David is a nice enough guy. He brings home the goodies more often than not but his inability to take a lead on any of the key issues – the Iraq/Afghanistan wars, illegal domestic surveillance, torture – perverting our nation’s foundations is disheartening.

He can be led to the water, tortuously, but getting him to drink is a hell of a proposition.

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Called David Price, my local Congressman, this afternoon to see if he planned to vote NO on tomorrow’s House Bill HR 6304 which proffers blanket immunity to those telecoms, like ATT (Bellsouth, Cingular), that knowingly broke Federal and State wire-tapping laws on behalf of our current lawless madministration.

His current stance: no opinion.

In fact, his office said he won’t be expressing an opinion until after his vote!

Sounds like he’s preparing to defend the indefensible – issuing what the Electronic Frontier Foundation (EFF) calls the ” Congressional seal of approval on illegal surveillance” but maybe we’ll be pleasantly surprised.

What’s the big deal? The millions of folks that are represented by the EFF in a class-action suit against AT&T because their “private domestic communications and communications records were illegally handed over to the National Security Agency (NSA)” won’t get their day in court (more here).

Not all telcos, notably QWEST (here) went along with this incredibly intrusive and illegal operation. Will Price put ATT and Verizon ahead of our citizenry and strip them of their fundamental Constitutional protections?

Contact David and let him know that warrantless searches are not acceptable.

Washington, D.C.
U.S. House of Representatives
2162 Rayburn Building
Washington, DC 20515
Phone: 202.225.1784

Fax: 202.225.2014

Durham
411 W. Chapel Hill Street
NC Mutual Building, 6th Floor
Durham, NC 27701
Phone: 919.688.3004

Fax: 919.688.0940

Raleigh
5400 Trinity Road
Suite 205
Raleigh, NC 27607
Phone: 919.859.5999

Fax: 919.859.5998

Chapel Hill
88 Vilcom Center
Suite 140
Chapel Hill, NC 27514
Phone: 919.967.7924

Fax: 919.967.8324

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Barack Obama swung by Chapel Hill tonight in his on-going attempt to clinch his party’s nomination. As David Price noted, for the first time in decades North Carolina is relevant – and we have an opportunity to push Obama over the top.

As with many political events, the rally, scheduled for 9:30pm kicked off promptly at 10:19pm. The Dean Dome was 3/4′s full – the crowd a mix of college students and locals (with a smattering of notable politicos – Mel Watt, David Price, Hampton Dellinger, Alice Gordon).

If you’ve seen Obama speak before, the stump he gave was fairly familiar – tweaked a bit for both the Tar Heel college and North Carolina “blue” crowd. He butchered Chancellor Moeser’s name (quickly corrected with some input from the crowd). He made a small reference to RTP – proposed cloning its success (I suggest better research by his crew). Spoke of mitigating college tuitions using a Americorp type program ($12K per annum -whew!). Talked about off-shoring of jobs and closing of mills. But mostly it was a speech targeted towards a national audience.

He riffed on McCain – “25 years in Congress” and a $25 gas tax refund “is the best he can do”.

After pummeling McCain a bit, he carefully highlighted the differences between him and Hillary.

Obama painted Hillary as the candidate of lobbyists, special interests and the back room party apparatchik. Contrasting his trip to Wall Street to inform CEOs that their personal tax bills were headed up, that under his administration Federal subsidies for their cash cows would dry up and windfall profits (literally highway robbery) were going to be taxed with Hillary’s Union hall pandering, he made the case for his political courage. And, he noted subtlety, she hasn’t been quite honest.

Which brings me back to our local Board of Commissioners race.

Between the two at-large candidates that I know and have seen in action at close range, Neloa Jones is the hands down best candidate.

She’s united her community, built coalitions and been honest and up-front with her concerns. She’s demonstrated her political courage.

She is no creature of the local “rah rah growth at any cost” political clique.

Neloa has not been missing in action and she hasn’t, like her opponent laid claim to positions she hasn’t fought for – kind of our own homegrown Obama. Sharp, with a real sense of purpose, Neloa is the kind of leader we need for Orange County.

Please, when you go to vote for Obama (or Hillary) cast a vote for Neloa.

Here’s some action from tonight’s rally. All photos compliments of my son Elijah.

(more…)

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Forty years since Dr. Martin Luther King, Jr. was assassinated. As you might guess, I’ve been encouraged by his words and his actions for more than four decades.

The night before his death Dr. King observed a nation in distress:

The nation is sick. Trouble is in the land. Confusion all around. That’s a strange statement. But I know, somehow, that only when it is dark enough, can you see the stars.

He rejected the quelling of dissent:

All we say to America is, “Be true to what you said on paper.” If I lived in China or even Russia, or any totalitarian country, maybe I could understand the denial of certain basic First Amendment privileges, because they hadn’t committed themselves to that over there. But somewhere I read of the freedom of assembly. Somewhere I read of the freedom of speech. Somewhere I read of the freedom of the press. Somewhere I read that the greatness of America is the right to protest for right. And so just as I say, we aren’t going to let any injunction turn us around. We are going on.

But, in the end, he was silenced.

Though it seems we’ve come a long way from the days of Crow, recent reminders, like the racist subtext flowing through the local blog-o-sphere after Eve Carson’s murder or the continued government supported gentrification of Chapel Hill demonstrates how far we’ve yet to go…



What would Martin make of our world today? Principled dissent is no longer an American bedrock principle. Surveillance, wiretapping, water boarding part of our everyday experience. “Incarceration over education” ( 1 in 9 young black males according to the recent Pew report), poverty surging and a war even more ridiculously off-kilter than Vietnam ever was…

Martin said that night (I’ve been to the mountaintop) that we should “develop a kind of dangerous unselfishness”, to help folks not questioning “If I stop to help this man in need, what will happen to me?” but rather “If I do no stop to help the sanitation workers, what will happen to them?” That’s the question.

That is the question, as ever, before us this tragic fortieth anniversary.

(more…)

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X-Posted from my campaign website.

I hadn’t heard of this organization prior to this election but they appear to have been active for the last 10 years.

Friends of Affordable Housing is a non-partisan Political Action Committee that has been active in selective elections within Orange County during the last 10 year. The organization was first organized to support the Orange ballot for Affordable Housing Bond Money. The committee has also periodically sent questionnaires to candidates running for Orange County Commissioner and Chapel Hill Town Council.

Core members of the committee felt the residents of Chapel Hill should have the opportunity to know the positions of the various candidates running in 2007 for Chapel Hill Town Council. The Committee felt the relocation of the IFC, the transition to more attached multi-story housing, the opportunity for more affordable housing in Carolina North, and the possibility of selective use of “payment in lieu” of affordable housing units were issues of significant concern for Chapel Hill residents. The committee members are all long standing residents of Chapel Hill. The four review committee members have extensive executive committee experience in non-profit boards including the IFC, Habitat for Humanity, Dispute Settlement Center, YMCA and various Orange County boards including the Commissioners Committee on Affordable Housing. Committee members have also consulted with staff members of several of the Affordable Housing providers.

The NC Board of Elections has informed us that Friends of Affordable Housing does not have to register as a formal PAC for the 2007 election because we will not be raising money to support a specific candidate or issue.

They weren’t active in the 2005 race even though there was a slew of known affordable housing related issues before the Council.

Dear Candidate:

As you know, initiatives to increase the stock of all types of affordable housing in Chapel Hill have been an election issue for many years. In order to give Chapel Hill residents a better understanding of your position on this critical subject, Friends of Affordable Housing has developed a 7-item questionnaire asking you to address some of the current issues.

A review committee of the Friends of Affordable Housing will review your responses and may endorse specific candidates prior to the November election. Your comments will also be made available to the general public.

Thank you for your cooperation; we look forward to hearing from you.

Sincerely,

The review committee: Natalie Ammarell, Rev. Richard Edens, Susan Harvin ,Richard Leber

They obviously understand that maintaining and expanding affordable housing opportunities will require even more attention of the new Council than the last two years.

Here are my answers to their questions.


Friends of Affordable Housing Questions for Chapel Hill Mayor and Town Council Candidates

1. Please describe your commitment to creation of affordable housing initiatives in Chapel Hill.

I’m dedicated to continuing our Town’s commitment to providing affordable housing in Chapel Hill.

We need to re-evaluate, though, our current initiatives, our capability to manage our affordable housing stock and to rebalance the types of housing we’re currently providing.

With that, we also need to adopt fiscal policy that helps folks keep the most affordable housing they have – their current homes. We’re already seeing a trend of long-term residents, after decades of contributing to our community, being “shown the door”.

Those just starting out, can’t even get their foot in the door without substantial incomes.

Finally, we need to make sure our Town’s growth policies align with our housing goals.

RAM Development, the Town’s private partner on the Lot #5 boondoggle, is proposing to replace the somewhat affordable apartments with hundreds of big-ticket condos. Developments that displace existing affordable housing stock, like Hillsborough 425, are part of Chapel Hill’s future.

We need to make sure, though, that we anticipate the consequences of those displacements.

2. Please give your opinion about the actions taken by Town Council in the last 4 years to increase the stock of affordable housing in Chapel Hill.

I commend the Council for their intent. I applaud their successes. But, we could’ve done better.

Too much in lieu money, not enough square footage. Necessary reform in managing our housing stock or being able to adapt to changing conditions left undone for too long. Opportunities like Roger Perry’s %30 offer at East 54 or Greenbridge’s Northside neighborhood in-fill proposal missed. Rebalancing the kind of housing we offer, not adequately addressed.


3. Given the current impasse with the County, what would you do as a Town Council member to proactively advance the effort to find a new site for the IFC Men’s Residential Facility?

a. Would you oppose locating the facility in certain parts of town (e.g., downtown; near Seymour Center)?

I would like to see the IFC split the food service and the shelter functions. As far as the Men’s Shelter, our Town – if a leadership vacuum exists at the county level – has a responsibility to manage this process. I believe the Town should work with the IFC, proactively, along four basic thrusts.

One, develop criteria that incorporates both the IFC’s requirements for just the shelter component and our Town’s goals for development, transit and neighborhood preservation.

Transit opportunities, accessibility to health and other social services are a few of the criteria I would suggest.

Two, once we have the mutually developed criteria, find the site that best suits our joint needs. Our community needs to be involved in both the development of relevant criteria and the selection of the site.

Locating on Homestead makes sense, especially over Eubanks or Millhouse but there might be better sites based on the decision matrix the IFC, other interested parties and the Town develops.

Three, our Town could provide some logistical support to the IFC in developing a task list to move the shelter.

The Chamber asked me if I’d support pulling the IFC’s lease on the existing shelter location. No way I did say that our Town should help develop a punch list of items with specific performance goals and a timeline to hold the IFC to – but taking a punitory tack is – in my estimation – a poor strategy.

Four, we need to bring our community into the process early, educate the public on the relevant issues and, proactively, publish a guide on how the Council will measure the success of this project. If Council affirms, as I believe we’ll be able to do, that the population at the Men’s Shelter will not increase criminal activity in surrounding neighborhoods, we should already be prepared to assess that activity and report back if reality matched our projections.

4. What new programs do you envision to increase the stock of affordable homes in Chapel Hill?

a. Do you think priority should be given to one type of affordable housing (e.g., transitional housing, special needs, rentals, small condo’s, larger owner occupied detached homes) over another?

We need to rebalance our housing stock based on a few criteria. First, what is the most diverse kind of stock we can reasonably manage using existing resources? Second, look at partnering on denser developments like Raleigh’s Carlton Place (I wrote about this development here: http://citizenwill.org/2007/03/21/raleighs-carlton-place-a-downtown-affordable-housing-commitment-worth-emulating/ ). Third, like Carlton Place, re-evaluate rental housing within our current mix.

b. What type of affordable housing should be built in Carolina North and on the Greene Tract?

I would like to see affordable housing developed on the Greene Tract that is akin to that of the Homestead Park neighborhoods. I would also like the housing to be on the eastern side of the tract to integrate into those neighborhoods, take advantage of existing and new amenities, be closer to existing transit, take advantage of new transit capabilities (depending on what happens at Carolina North) and avoid damaging some of the more ecologically sensitive areas.

The University has suggested that housing on Carolina North will be market driven. I would like to see a mix of units that parallels the stock that UNC commissions.


5. In the last year, Town Council has approved three mixed-use developments: 54 West, Greenbridge and Ram’s Lot 5. Under Chapel Hill’s Inclusionary housing policies these developments will generate almost 100 affordable one and two bedroom condo units. However, these units will not serve lower income families with children.

a. In your opinion, do current policies provide the types of affordable housing that are really needed? If not, what should be changed?

As you might be aware, I’ve been critical of the Town’s Lot #5 development for a number of reasons. The project is fiscally irresponsible, the original affordable housing stock was not family friendly, the affordable housing parking was off-site (second class citizens), the condo fees were steep and not capped, the condo units – especially the larger ones – will most probably server the student community, measurable energy efficiency and environmental standards were dropped, and on and on. You can read my web site – citizenwill.org – for a detailed discussion on these and other Lot #5 ills.

For all my criticism of the majority of the Council’s decision to take on this money pit, I am happy that Cam Hill did accept my recommendation to resize some of the affordable units to accommodate families. Will families find them inviting? I’m not sure.

Considering Lot #5’s location, I’m quite concerned that the Council never took my call to look at affordable living as well as affordable housing seriously. What is the cost of living in one of these units if you should be on the lowest economic rung of those that can purchase a unit? Will the economics of that location end up making this housing more transitional in nature than was originally anticipated?

The units at East54 strike me as being more family friendly. I was encouraged, at least until the Harris-Teeter moved, that a mix of services were within easy reach. I was discouraged though by the Landtrust’s assessment that these units would be transitional in nature. And, of course, continue to be concerned we couldn’t take advantage of the developers offer to build %30 affordable housing.

With Greenbridge, I believe our philosophy of integrative units, a good goal, interfered with an excellent opportunity to acquire more square footage. The rejection of the proposal to build family units within an existing adjacent neighborhood was disappointing. Our Town policy should be flexible enough to adapt to exceptional opportunities that don’t diverge greatly from our housing goals.

b. Can Chapel Hill’s Inclusionary housing policies be utilized to generate affordable rental housing? If you think so, please explain how such rental housing would be managed and maintained.

From my understanding, the existing inclusionary policies don’t align with encouraging development of rental housing. As the inclusionary zoning process continues, we need to make sure rental becomes more of an option.


6. Many affordable homes are “aging” and will require significant maintenance. Is it appropriate for public funds to be used for long-term maintenance? If so, what sources of funds should be used?

I’m interested in the proposal for a rotating loan fund to assist folks in maintaining their properties. This loan fund, if created, needs to come from monies outside the general fund. I would not support additional Town debt – via bonds or other mechanisms – to fund this loan program.


7. Do you think “payment in lieu” of affordable housing construction should be accepted from builders? If so, what guidelines should be used and how should these funds be used?

Over the last five years, my sense is the Council is accepting way too much in lieu monies over square footage. We’re asking developers to create housing. Housing built now will not only help relieve some of our current demand but also be cheaper than housing built 5, 10 , 20 years out.

If we ask for housing, we should get housing.

Delay is not our friend. Easy money also erodes are discipline. Square footage over in lieu money should be our guiding principle.

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Mia Burroughs is reminding folks that they have until October 31st to help name the Chapel Hill-Carrboro Schools (CHCCS) newest elementary school out on Eubanks Road, near the Rogers Road neighborhood

The newest school is located adjacent to the former Morris Grove elementary school, a school created to serve the educational needs of the local black community.

The Morris Grove school was created in the late 1800s by Morris Hogan, son of a female slave and her owner. A farmer and local statesman, Hogan put his own land and money into the one-room wooden schoolhouse. The state paid the salaries of two instructors, who, depending on the decade, taught six, seven or three grades.

Patrick Winn, Chapel Hill News, Feb. 10th, 2007

Morris also had a long-standing passion for education as a passport to a better life for his own and other black children. Yet in the late 1800s, the Orange County school board had few funds for school construction and operation. To fill the void, the board sanctioned the opening of many simple, usually one-room, segregated schools that were built and operated by local individuals or groups.

Morris won permission to create the Morris Grove Elementary School, using his own land and funds, at what is now 402 Eubanks Road. It is remembered as a simple frame structure with only pump water, outdoor toilets and a Spartan interior heated by a wood stove in cold weather. Instruction for six grades was taught by one teacher. The school probably stayed in operation from the 1880s to the 1920s, until tax-based public schools took over. All of the Hogan children and some of the grandchildren attended it.

Doug Eyre, Chapel Hill News, Nov. 17th, 2006

Naming the new school Morris Grove would not only honor a slice of our community’s history but serve as an excellent educational reference point for students. Even in the supposedly progressive environs of Chapel Hill, we’re still working to bridge historical divides.

And only knowing where you’ve been can you get where you are going.

Please cast your vote in favor of Morris Grove by answering this CHCCS online survey.

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[UPDATE:] Not 15 minutes went by before I got the chance to congratulate Chief Curran in person. He was making his rounds through the Northside neighborhood (I noticed him rolling around Town before – he doesn’t seem to be much of a desk jockey).

[ORIGINAL]

I’ve had an opportunity to meet Brian in a few different venues these last few months and my initial impression that he was a talented officer capable of leading our department through transitional times has only been strengthened.

When he was initially appointed to take Chief Jarvies position I did a little research and was impressed by the commitment he has shown our Town.

When Town Manager Roger Stancil cast a wide net seeking a new Chief, I was hoping that our own law enforcement folks would be considered fully. With the failure to secure Roger’s first choice (due to the candidate’s failure to pass a health exam), I was looking forward to a re-evaluation of our home team bench.

Today Roger announced the permanent appointment of Brian to Chief.

Concurrently, Roger set some specific goals that will keep Brian busy over the next couple years.

To: Mayor and Town Council
From: Roger L. Stancil, Town Manager
CC: Senior Management Team

Date: September 24, 2007

Subject: Appointment of Brian Curran as Police Chief

I am proud to appoint Brian Curran as the Chief of Police of the Town of Chapel Hill. This appointment is effective immediately.

Since April 1, 2006, when Chief Gregg Jarvies retired, Brian Curran has served as our Interim Chief. During that time, he has exhibited the qualities that our community said they wanted in a chief during a series of community focus groups. As I made my decision, I reviewed the notes of those focus groups carefully. The words they used describe the behaviors and characteristics I have seen in Brian: Fair, honest, well-rounded law enforcement experience, understanding Chapel Hill, experience with University relations, understanding of neighborhood needs and concerns, leads by example, decisive, team player, experience with managing large gatherings of people, ability to relate to everyone in the community, good manager, approachable.

Having seen those behaviors, I have decided Brian is the best person to lead our Police Department and become a part of the Town’s Senior Management Team as we work collaboratively to make Chapel Hill an even better place to live.

Brian has worked for the Town of Chapel Hill since 1982. He began work in the Parks and Recreation department. He then served as a non-sworn communications specialist with the Police Department before becoming a Public Safety Officer in 1987. He has served in various roles in the department that give him a broad view and an understanding of the department and the community. I have attached his resume for your information.

The process.

As stated above, I carefully reviewed the characteristics of a chief of police as stated by the various community, employee, management team and Town Council focus groups earlier this year. I also reviewed the matrix of leadership characteristics that evolved from those focus groups. I reviewed the remaining finalists in the original round of applications as well as the applications received since we readvertised the position in July. I assessed the behavior of Chief Curran since he became interim chief in April. I asked the interview panel from our assessment center, supplemented by other assessors, to interview him and provide feedback. Based on the behavior I observed in his interim role and the feedback from the interview panel, I determined that Brian has demonstrated the characteristics sought by our community and is the best person to lead our police department.

The charge.

I have charged Brian with the following goals:

  • Assess the department, involving our employees and the community to tell us what we are doing well and where we have opportunities for improvement.
  • Create a leadership development program for our officers and our non-sworn employees to develop our future leaders internally.
  • Take positive steps to create a diverse command and supervisory structure that represents the various cultural faces of Chapel Hill.
  • Expand the community policing efforts of the department so that community policing becomes a belief system within our department.
  • Take the lead in innovation and teamwork to find solutions to community issues.

I look forward to working with Chief Curran.

As so do I, Roger. I especially like the goals Roger has set our new chief. Community policing needs to be a reflexive ethic of our department. Developing AND RETAINING our young turks will serve the Town well over the next few decades. And working to encompass the diversity of our community should make our law enforcement officers task smoother.

Congratulations Chief Curran.

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