Tag Archives: transparency

Civilian Review Board: Process Lurches Forward

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.

Carolina North: June 15th’s Missing Documents

Quick note, the Town, this morning, has fixed the links and added the missing Carolina North material.

Obviously well less than 24 hours prior to the “public hearing”. Certainly undercuts claims of transparency and support of public review.

In any case, here is tonight’s agenda with the missing supporting material:

Council “Off the Rails”

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.

Health Insurance Is Not The Issue

Quick response to the Council’s recent “health” problems.

I appreciate your interest. I’ve had a number of folks ask me if I was surprised by last week’s debacle. I wasn’t. The inclusion of this item on the agenda was no accident and is reflective of this Council’s willingness to manipulate the process to get their way. From my experience, those serving longest are generally the most likely to perform this “sleight of hand” – willing to cut corners at our citizens expense.

For years I’ve asked for a few key reforms that would introduce greater transparency and lessen the political “gamesmanship” that some on the Council have substituted for good governance. In fact, reforming the way agendas are created, published and used has been part of my platform these last two campaigns (might’ve been nice to get a little coverage on that over my going 19 seconds too long answering a forum question 😉 ).

Why have I been so concerned? I’ve probably read more agendas, more supporting documents and more published commentary than most citizens – probably more than some of our sitting council members. Trying to respond to these items – many which slip under the medias attention – in less than 2 or 3 days is difficult at best.

How would I change the agenda process?

First, publish a complete agenda 7 days prior to a Council business meeting. Complete means the complete text of ordinances, all appendices, supporting documents and other relevant evidentiary artifacts. The only modifications allowed prior to a meeting would be correcting typographical errors or adding elements to non-substantive items – essentially notifications, commendations, citizen comments, etc.

For deciding issues requiring public hearings, I wouldn’t allow any modifications without an opportunity for further public comment. For example, substantive changes were introduced to RAM Developments’s agreement on Lot #5 minutes before the final Council vote. Neither the press or the wider public had any opportunity to review or comment – positively or negatively – on these changes which had fiscal and policy impacts. That’s a disservice.

I also wouldn’t allow modifications to the budget items requiring approval less than 7 days prior to the vote.

Seven days is not a lot of time for folks holding down a full-time job or with a busy family life. If we want greater transparency and participation, we owe our citizen’s that brief time to digest policy proposals.

Second, I would restrict substantive issues to those parts of the agenda open to public comment and not “hide” them on the agenda. As this latest debacle illustrates, it is easy to “game” the public by burying substantive items in the consent agenda. This isn’t the first time by any stretch. Worse, Mayor Foy has developed a growing tendency to skip citizens who want to speak on consent agenda items.

Third, I wouldn’t hide substantive policy changes by wedging them within other voting contexts.

One recent example, the Council creating a new zoning district for Downtown within a hearing and decision on variances for the Greenbridge development. I’ve had quite a few people express alarm that the height and density limits Downtown were dramatically increased. They were further troubled because it wasn’t obvious that a decision on this fundamental change to our Downtown’s character wasn’t introduced or debated on its own merits.

The timing and placement of this item on the agenda – wedging it in the middle of another set of decisions – was not accidental and was pure political gamesmanship by Mayor Pro Tem Strom and others. Terrible public policy – a repudiation of his and others commitment to open and transparent governance. Bill Thorpe agreed with me that night and said Council shouldn’t continue this practice.

Fourth, I would make sure that decisions on related items are grouped together. For instance, Council approved the contract and modifications to Lot #5’s plaza art project – as part of the consent agenda by the way – before approving the project itself. The timing of the vote on that approval came later the same evening. In other words, the Council created a necessity for further approval of the project by creating a financial obligation.

Following my questioning this approval, one of the members questioned the Town’s attorney on the legality of this out-of-order decision but none challenged the propriety.

There are a few more that have to do with easing citizen access, highlighting changes between different incarnations of agendas, etc. which I probably should ‘blog further on now that you got me started….

Finally, I’ll be coming to next Wednesday’s meeting to challenge Council – again – to fulfill their promise for greater transparency. I will also be asking for a full and complete accounting of how the health insurance item came to appear on the consent agenda. This was no accident or oversight.

By the way, while I wasn’t surprised that political expediency took the upper-hand – an evolving trend among members like Bill Strom – I was delightfully surprised and heartened by the outpouring of citizen concern. It would’ve been nice if these citizens’ critique was met with more solicitude.

A Matter of Process: Greenbridge and Council’s Devolving Standard of Public Review

I haven’t been reticent in my criticism of the process Council used recently to manage the approvals for Greenbridge, the environmental uber-project and possible end of the traditional Northside neighborhood. Adopting a new zone, TC-3, developed and refined during the months bridging Thanksgiving to Christmas, within the context of Greenbridge’s approval ill-served our citizens.

Claims, most notably by Bill Strom, that Greenbridge’s TC-3 is somehow unique (video coming soon) and folks won’t have to worry about another use will be tested all too soon.

Most of the Council members are aware of the public discussion and scrutiny of the 90′ limit and 1.97 density ratio. Unfortunately, the minimal opportunity citizens had to respond within the public hearing process didn’t reflect those hard learned lessons. Only two citizens spent any of their 3 minutes of public comment suggesting the impropriety of making a major change to Downtown’s future geography within the narrow context of Greenbridge. Doubling the density, raising the height limits by %30, with the SUP establishing a height precedent fully %50 above the previous 90′ will carry serious consequences for “human scale” Chapel Hill. Now that door has been opened, does anyone truly believe developers on our doorstep will not press for even more consequential change?

I recall Sally Greene, prior to being elected to Council, making numerous appearances before Council on OI-4 (the most probable zone for Carolina North) counseling not only greater public outreach but public education. She argued process, process, process and was obviously aware that a significant change in public policy demands a significant effort to build understanding.

Yes, the effort to build understanding can also build opposition. One might argue that the best “political” strategy “playing the approval game” is to keep your head down, limit public understanding and bull on through. Good strategy for a “player”, maybe, but terrible public policy.

Tonight, the Chapel Hill News’ breaks the story, on their ‘blog OrangeChat, that the son of one of our Council members sought to represent the developer of Greenbridge.

Sometime last fall, the son of Town Council member Bill Thorpe approached the developers of the Greenbridge condominium towers and offered to work as their public relations consultant.

Thorpe said his son, William Thorpe Jr., is a grown man and did not consult him before making the pitch.

UPDATE:
From today’s followup in the N&O

Thorpe said his son, William Thorpe Jr., is a grown man and did not consult him before approaching the developers. Thorpe said he only heard rumors that his son had asked for a $40,000 consulting fee.

“He was trying to get a contract with them, but I haven’t done anything with them,” Thorpe Sr. said this week. “It had nothing to do with me.”

Yes, we’ve seen our share of national problems with relatives representing interests before their elective relations but certainly this doesn’t rise to that level. Bill spoke of his son during the 2005 election, I don’t recall his saying he did PR. In any case, Bill made it clear his involvement was nothing to be troubled by: “I ain’t got nothing to hide,” Thorpe said this week. “I can tell you right now, I have not asked anybody for no money.”

[UPDATE] GeorgeC over on OPsays the Mayor and Attorney reviewed this, not the Council, yet the article and post both say “Foy said the council did not pursue the matter further…” Now, was that the Mayor using the royal “We” or did the Council know? I’ll ask either the reporter or a Council member next time I see them. If this was the Mayor acting as the lone “decider”, well, that’s a bit troubling in itself.

[ORIGINAL]
The Mayor and Council, it appears, reviewed the issue on discovering it:

Mayor Kevin Foy learned of the situation before a public hearing on the downtown condo project Jan. 17 and asked Town Attorney Ralph Karpinos for advice.

Foy said the council did not pursue the matter further because Thorpe Sr. was not personally involved. Foy said he believed that his colleague’s hands were clean in the matter.

That January 17th meeting was a key public hearing for Greenbridge.

This is most troubling. I can accept Bill Thorpe’s assertions about his son’s involvement. I can appreciate Council and (?) the Mayor responding immediately with a legal consultation and review.

What I can’t understand, and will not accept, is the absence of public disclosure.

Yes, the appearance of impropriety can sting. Trying to mitigate the possible embarrassment and pain of a friend and colleague is laudable. But these are public servants. Many of these Council members, one time or another, during elections or otherwise, have pledged to increase openness and transparency within our local governance. They (?) The mayor had an obligation to reveal, for Bill’s sake, in as tactful a fashion as possible, this story and not leave it to the 4th estate (Chapel Hill News)

The process of openness and transparency must be consistent to be reliable. The public trust demands and deserves disclosure.

And yet another lapse in judgment related to a development deal.

Pork-o-polis? Federal largesse in NC District 4

Wonder what federal monies wend their ways back to North Carolina? To local District 4?

The new online database of federal transactions, FedSpending.org, is now open for business.

A collaboration between the Office of Management & Budget (OMB), Zephyr Teachout’s Sunlight Foundation and the conservative OMB Watch, the idea is to promote greater access for persnickety citizens like CitizenWill.

The Sunlight Foundation covers our Dollarocracy.

Let’s turn first to the subject of government contracts and grants. The new database, compiled and put on the web by OMB Watch at fedspending.org, covers all federal contracts and grants issued between the years 2000 and 2005. Just how much money are we talking about here? More than $12 trillion in taxpayer money – that’s trillion with a T, not billion with a B. Not even Bill Gates has that kind of money (though naturally his company did get its share of the pie).

You can search through the millions of records by recipient name, by government agency – even by congressional district. And once you’ve zeroed in on a particular contractor, you can see at a glance which goods and services they provided to the government, and what proportion of the contracts they won were through full and open competition versus no-bid awards.

Here’s District 4 2000-2005 federal contracts.

Sample:

Parent Company Name Contractor Name(s) Total Amount (for this search)
RESEARCH TRIANGLE INSTITUTE RESEARCH TRIANGLE INSTITUTE; RESEARCH TRIANGLE INSTITUTE IN; RTI; SCI APPLIC INTERNATL CORP.; RESEARCH TRIANGLE INSTITUTE (DUNS 004868105); RESEARCH TRIANGLE INSTITUTE I $186,718,197
DUKE UNIVERSITY DUKE UNIVERSITY; DUKE UNIV; DUKE UNIVERSITY MEDICAL CENTER; OTA DAVID; DUKE UNIVERSITY (6541); DUKE UNIVERSITY CHPRE; DUKE UNIVERSITY MEDICAL CTR.; TSI MASON LABORATORIES; DUKE UNIVERSITY (0000) $40,865,839
UNIV OF NORTH CAROLINA SYSTEM UNIVERSITY OF NORTH CAROLINA A; UNIVERSITY NC AT CHAPEL HILL; UNIVERSITY NC AT WILMINGTON; UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL; UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL (1393); OFFICE OF SP $15,158,037
RHO, INC. RHO FEDERAL SYSTEMS DIVISION $13,486,940
MCKESSON CORPORATION MCKESSON HBOC INCORPORATED; MCKESSON CORPORATION; MC KESSON HBOC, INC; Mckesson Pharmaceutical; MCKESSON CORPORATION (7296); MCKESSON CORPORATION DELAWARE; MCKESSON AUTOMATION SYSTEMS IN; MCKESSON MED $9,920,196
CONSTELLA GROUP, INC ANALYTICAL SCIENCES INC; CONSTELLA GROUP, LLC; UNITED INFORMATION SYSTEMS, IN; CONSTELLA GROUP LIMITED LIABILITY COMPANY; CONSTELLO GROUP, INC. FORMERLY; SSC LARGE BUSINESS-NORTH CAROL; GYMR, LLC.; CO $9,299,292
PARADIGM GENETICS, INC. ICORIA INCORPORATED; PARADIGM GENETICS, INC $6,883,656
CODA RESEARCH INC CODA RESEARCH INC.; CODA, INC. $6,041,000
DUKE ENERGY CORP. DUKE ENERGY CORPORATION; AMERESCOSOLUTIONS, INC; DUKE ENERGY CORPROATION; Ameresco Solutions, Inc.; DUKE SOLUTIONS INC $5,234,898
HEWLETT-PACKARD CO. HEWLETT PACKARD COMPANY (3067); HEWLETT-PACKARD COMPANY; HEWLETT PACKARD COMPANY (1436); COMPAQ COMPUTER CORPORATION; COMPAQ FEDERAL LLC; DIGITAL EQUIPMENT CORPORATION; COMPUSA INC; AGILENT TECHNOLOGI $4,451,695
ALION SCIENCE AND TECHNOLOGY ALION SCIENCE AND TECHNOLOGY; ALION SCIENCE AND TECHNOLOGY C; Alion Science & Techn.; IIT RESEARCH INSTITUTE $4,079,767
LIBERTY ANALYTICAL CORPORATION LIBERTY ANALYTICAL CORPORATION $3,613,559
NORTH CAROLINA STATE UNIV NORTH CAROLINA STATE UNIV; NORTH CAROLINA STATE UNIVERSIT; NORTH CAROLINA STATE UNIVERSITY; NORTH CAROLINA STATE UNIVERSITY (0756); N C STATE UNIVERSITY; ITRE/NC STATE UNIVERSITY; NORTH CAROLINA STATE $3,401,233
MCNEIL TECHNOLOGIES, INC. MC NEIL TECHNOLOGIES, INC; MC NEIL TECHNOLOGIES INCORPORATED (5583); MCNEIL TECHNOLOGIES, INC; Research and Evaluation Associates, Inc. $3,052,046
TRC COMPANIES INC MARIAH TRC ASSOCIATES INC; TRC ENVIRONMENTAL CORPORATION; LOWNEY ASSOCIATES; TRC MARIAH ASSOCIATES INC. $2,979,438
RAO ENTERPRISES INC INTEGRATED LABORATORY SYSTEMS,; ILS $2,912,453
HEALTH DECISIONS, INC. HEALTH DECISIONS, INC. $2,452,978


By the way, OMBWatch might disagree with my characterization of their organization.

It does bill itself as “a nonprofit government watchdog organization located in Washington, DC. Our mission is to promote open government, accountability and citizen participation” yet the first squib on their sidebar shouts “Save the Estate Tax! Let your senators know you don’t want them to take the bait–keep the estate tax intact.”

Come on!