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North Carolina Public Notice News: Legal Notices Changing On Line Publisher Influences Legislation

HAT TIP: LEGAL NOTICE BLOG

The World of Publishing Legal Notices is Changing. Enter the On Line Publisher to Influence Legislation

At long last, the little guys are starting to band together.

In the two years that we've been covering the legal notices battles in state legislatures across the country, a pattern has developed and has repeated itself in the proposal of over 30 bills:

STEP 1.)In each state the government relations representative from the Association of County Managers or the League of Municipalities finds a state representative to sponsor a bill allowing local governments to post notices on line

STEP 2) The state representative sponsors a bill that allows the local governments to post notices on their own web site.

STEP 3.) The local newspapers and state press associations use their own editorial space as a bully pulpit and write editorials criticizing the representative sponsoring the bill. .

STEP 4.) The local newspapers lobby their representatives with the threat that if they vote down this bill good luck getting any newspaper's endorsement. Specifically they criticize the idea that the government should not be publishing the notices, an "independent third party" should.

STEP 5.) The bill gets "stuck in committee" and dies before the legislative session is over. Or the bill may make it to a vote in the state house or senate where it loses.

In February of this year, we reported about the emergence of a third player in the game, the on line news organization, when in Arizona, PrescottENews Publisher Lynne LaMaster shepherded a legal notice bill to the House Technology & Infrastructure committee.

Howard Owens, Publisher of The Batavian, an on line news web site in Northern New York State, is going about influencing perception the right way. The journalism community is taking note. A recent article entitled Lobbying for On-Line Legal Notices: How Community Publishers Can Take Action" on the web site for the Knight Digital Media Center focuses on Owens' strategy in pushing through legislation. A 20 year journalism veteran, Owens has edited and written for daily newspapers.

New York Assembly Bill 8075 which did not make it out of committee, offered a unique solution. It contemplates using an independent publisher to publish notices thus mitigating the "independence issue" raised successfully by print newspapers.

Owens realizes that this is an uphill battle but is in it for the long haul. He understands that his cost structure will always be lower than his competitor and that the influence of the on line publisher continues to increase at the expense of the print publisher. He does not delude himself but sees movement in public perception of moving legal notices on line:

"“Our direct competitor sent a letter to city council and legislature opposing it. Tom Turnbull [publisher of the local paper, theBatavia Daily News] sent a letter urging the Batavia City Council to oppose these bills. But they voted unanimously to support them. That’s amazing. It used to be that city councils would never blatantly oppose the local newspaper,” he said.

Owens also mentionded that he is not going away any time soon and looks forward to proposinging legislation allowing notices to be published on line in the years ahead.

Greensboro Councilman Zack Matheny Gets A Ruling from School of Government on Conflicts of Interest

In the past we have seen Greensboro Councilman Zack Matheny recuse himself from issues like the White Street Landfill because of a Conflict of Interest with his employer at the time was Bell Partners.

Now in 2012 and the councilman not with Bell Partners anymore,  we come to find out that Zack Matheny is a consultant with a solid waste company in the area. Below you will see some e mail exchanges in regards to this issue because of future solid waste operations for Greensboro.

___________________________________________________________________________________


Subject: FW: Potential Conflict of Interest with City Council Member on Solid Waste Operations Contract

Councilmember Matheny,

Please find below an email I received from Norma Reid Houston, Adjunct Professor of Law and Lecturer in Public Law and Government at the UNC-CH School of Government, opining that the allegations against you presented by Attorney Tom Terrell do not constitute a conflict of interest pursuant to applicable state law and city policy. Thus, none of these allegations would prohibit you from voting on the Municipal Solid Waste Operations contract. Her opinion is based on the email that I sent to her which is also included below. If you have any questions, please do not hesitate to contact me.

Sincerely,

James A. Dickens, Associate General Counsel

Office of the City Attorney

City of Greensboro

Phone: 336-373-2320; Fax: 336-373-2078

P.O. Box 3136, Greensboro, North Carolina 27402-3136

www.greensboro-nc.gov

From: Houston, Norma Reid [mailto:nhouston@sog.unc.edu]
Sent: Friday, July 06, 2012 11:21 AM
To: Dickens, James
Cc: Leonard, Brian; Peterson-Buie, Becky; Houston, Norma Reid
Subject: RE: Potential Conflict of Interest with City Council Member on Solid Waste Operations Contract

Good morning James:

Thank you for your time this morning in clarifying the facts of the situation described below. As we discussed, in my opinion, this scenario does not give rise to a conflict of interest under G.S. 14-234, G.S. 14-234.1, or the City’s conflict of interest policy, nor does it constitute a “financial interest” for which Councilmember Matheny may seek to be excused from voting under G.S. 160A-75.

My conclusion stems from the fact that Councilmember Matheny’s employer, Green Day, is not a direct respondent or a listed subcontractor for any of the respondents to the City’s solid waste RFP, and therefore, the Councilmember has no financial interest in the award of the contract (and, for purposes of G.S. 14-234, I assume his spouse, if he has one, does not have a financial interest either).

G.S. 14-234 prohibits a public official or employee from being involved in making or administering a contract on behalf of the unit of government he or she serves if the official or the official’s spouse derives a direct benefit under that contract (a direct benefit being one of the following: having more than 10% ownership interest in the contracting entity, receiving income or commission directly under the contract, or acquiring property under the contract). In the present scenario, Councilmember Matheny does not derive a prohibited direct benefit under any of the potential contracts the City would award in response to the solid waste RFP. Thus, there is no conflict of interest under G.S. 14-234.

G.S. 14-234.1 prohibits a public official or employee from using non-public (confidential) information made known to him in his official capacity to acquire a pecuniary benefit for himself or anyone else. In the present scenario, there is no evidence that Councilmember Matheny is using non-public information in this manner (and, in fact, the public RFP process works against such an allegation), nor is Councilmember Matheny in a position to acquire a pecuniary benefit. Thus, there is no conflict of interest under G.S. 14-234.1

G.S. 160A‑75 requires city governing board members to vote on matters coming before the board unless the member has been excused from voting, and the member may only be excused from voting on a matter involving the member’s own financial interest or official conduct, or for which voting is statutorily prohibited under G.S. 14‑234, 160A‑381(d), or 160A‑388(e1). Since the award of the solid waste contract does not involve Councilmember Matheny’s own financial interest, I see no legal basis upon which Councilmember Matheny may be excused from voting on the contract award or other matters related to the City’s solid waste RFP.

Finally, the City’s Conflict of Interest Policy (again, my compliments to you for the quality of the policy) tracks the federal Grants Management Common Rule conflict of interest requirements, including prohibiting actual and apparent conflicts of interest, which are generally interpreted to mean financial interests. Given that Councilmember Matheny stands to gain no financial benefit under the city’s solid waste RFP and resulting contract award, I see no violation of the City’s Conflict of Interest policy (and, even if there were one, the only legal sanction for a governing board member for violating a local conflict of interest policy is a motion of censure by the governing board; no other sanctions are legally authorized absent a concurrent violation of state or federal law).

In conclusion, it is my opinion that Councilmember Matheny does not have a conflict of interest under G.S. 14-234, G.S. 14-234.1, or the City’s Conflict of Interest policy, nor does Councilmember Matheny have a financial interest for which he could be excused from voting on this matter under G.S. 160A-75.

If I can provide further assistance or you would like to discuss this matter further, please don’t hesitate to contact me.

Best wishes,

Norma

From: Dickens, James [mailto:james.dickens@greensboro-nc.gov]
Sent: Thursday, July 05, 2012 11:18 AM
To: Houston, Norma Reid
Cc: Leonard, Brian; Peterson-Buie, Becky
Subject: Potential Conflict of Interest with City Council Member on Solid Waste Operations Contract

Ms. Houston,

Below is a list of facts we received from an attorney that represents one of the Solid Waste Contractors who submitted a proposal in response to the City of Greensboro’s Request for Proposals for Municipal Solid Waste Management Services. This attorney claims that one of our council members has a conflict of interest by virtue of his employment with a company named, “Green Day”, company who provides commercial and industrial waste hauling services in Greensboro. Green Day is not a company who submitted a proposal in response to the Solid Waste Management Services RFP, and to our knowledge, Green Day is not a subcontractor of either Republic Services or Waste Connections, the two companies currently being considered by the City Council to award the contract. Based on the facts below, do you believe that the councilmember who represents Green Day has a conflict of interest pursuant to N.C.G.S. 160A-75, N.C.G.S. 14-234 or the City of Greensboro’s conflict of interest policy which is attached hereto. Thank you very much for your assistance in this matter.

Sincerely,

James A. Dickens, Associate General Counsel

Office of the City Attorney

City of Greensboro

Phone: 336-373-2320; Fax: 336-373-2078

P.O. Box 3136, Greensboro, North Carolina 27402-3136

www.greensboro-nc.gov

1) Both A-1 and Green Day provide commercial and industrial waste hauling and recycling in the Greensboro market.

2) A-1 directly competes with Green Day for a limited number of customers in the market.

3) Among the companies whose business they compete for are Samet, Lomax, and KV Homes.

4) A-1 has recently won bids over Green Day with AC Corp, Matrix Furniture, the new UNC-G development that crossed Lee Street, the nano-science building, JSNN and numerous Lomax jobs. A-1 reasonably believes there is a high degree of frustration on Green Day's part because A-1's ownership of its own disposal site makes it difficult for Green Day to submit competitive bids. A recent contract Green Day did land over A-1's bid was the new apartment complex at the former North State Chevrolet site.

5) Green Day does not compete with Hilco or Republic.

6) Councilman Matheny's job is to land these contracts for Green Day, and to do so he goes head to head with A-1.

7) It is customary for sales teams in this industry to be paid at least in part on a commission basis.

8) If Councilman Matheny is paid on a commission basis (in whole or part), or if his sales performance affects his income on an annual basis, then A-1's competition directly affects his income.

9) By using his public position in public meetings to describe A-1 as a company that is not good enough or inadequate to handle its part of this contract, then he has reasonably harmed A-1's reputation among their mutual potential clients, which indirectly could work to his company's and his personal financial benefit.

10) There is a vehemence and emotional undertone in Councilman Matheny's public comments that suggest his decision to go with the high bidder in this matter has a personal and undisclosed basis (or at least lends credibility to that conclusion).

Greensboro City Attorney Explains No Contact with Local Elected Officials , Councilman Zack Matheny Are You Listening!

The City of Greensboro weekly memo on 7-13-2012 from the new City Manager Denise Turner Roth has a interesting twist which the new City Attorney Mujeeb Shah-Khan wanted all the Greensboro City Council to understand.

Here is a link to the IFYI from the City Manager HAT TIP: EDCONE ON THE LINK

In the memo the Greensboro City Attorney on a update for the Request for Proposals (RFP) on waste recycling had this to say,

"City Attorney will be contacting representatives of the proposing companies to remind them to have NO CONTACT with elected or appointed officials as we continue this process to it's conclusion. The no contact provision is in Section 2.6 within the RFP document"

this is what 2.6 says in the rfp documents

2.6 VERBAL AGREEMENTS

No verbal agreement or conversation with any officer, agent, or employee of the City, either before or after execution of the Contract, shall affect or modify any of the terms or obligations contained in the Contract. Any such verbal agreement or conversation shall be considered as unofficial information and in no way binding upon the City or the Contractor. Proposers should have no contact with elected officials or appointed officials.

both proposals can be found here, RFP's

Why is this so important because this same verbal agreement was also in the rfp for the waste hauling as well, but as we have seen in the past month, Councilman Zack Matheny (who forgot to mention he suddenly works for a recycling company that uses trash hauling equipment) had a huge dust up with members of one of the companies bidding to haul off the trash from Greensboro in a meeting before these proposals were brought to the city and as we have seen from the above sections of the RFP the Greensboro Councilman Zack Matheny should not have met privately with one of the bidders. Here is what John Hammer from the Rhino Times said in a post titled "Zack's Verbal Attacks Becomes Memo War"

What started all of this was the June 19 City Council meeting, when the council discussed the two- to three-month contract to provide solid waste disposal service while the new consultant went over the proposals and made a recommendation for the multi-year contract. Waste Connections had the low bid by about $200,000 on that contract according to their own figures.

When Fadul was at the podium, Matheny said, "I've got a question for you, when you met with me in my office, did you tell me that you might need a 30 day extension of up to 45 days?"Fadul replied, "No sir, I did not."

Matheny said, "Tim, you're telling me right now, in front of this council, that's not what you told me?"

Fadul said, "I'm telling you that I did not say that and I'm telling you there was also a third person in that room when we were having that conversation."

Matheny interrupted but Fadul finished his statement, "You can ask him the same question."

After a couple other comments Matheny said, "I can't do business with somebody who lies."

Later Matheny went into another diatribe about Fadul when he said Fadul was misleading the council, and when Fadul stood up to go to the podium to respond, a red-faced Matheny pointed at Fadul and yelled, "Sit down."

What City Councilman Zack Matheny did was wrong and was the straw that broke the camels back in that now in regards to RFP's that there is a section 2.6 in both proposals where the companies who are bidding are not to contact city officials and vice a versa where city officials know better to be in contact with these companies. It is time for all local elected officials to understand their jobs and not meet with these companies because we might see another blow up where a sitting councilmember calls out one of  the companies for lying to him.

It is glad to see the new City Attorney say this in a memo but i hope it will also be in his own memo again to reiterate to the local elected officials to not meet with the bidding companies on a RFP at all.

Jodi Riddleberger on Howard Coble and Billy Yow's endorsement of Hank Henning

"I got this note from a friend: "(GOP) Plan of Organization," pg 23,

"Refrain from Using Powers of Office in Republican Primary:"

Zack Matheny on GSO Trash without disclosing he works for co who owns trash trucks

"Councilman Zack Matheny accused Waste Connections Vice President Tim Fadul
of lying about his company's readiness to handle the contract
and of using "strong-arm tactics."

At one point, Matheny told Fadul to sit down.

As if this isn't enough to induce a dreaded case of deja vu, there are, once again,
relationships that raise possible conflicts of interest.

Matheny works for a waste recycling company."

GN&R Editorial Board

Matheny is now selling the services of Green Day,

a recycling and waste collection company in Greensboro.

On Tuesday, June 26, before he had sent out the memo to fellow councilmembers,

Matheny said, "Green Day has nothing to do with Republic

and has nothing to do with Waste Connections."

When asked if Green Day used the Republic landfill or transfer station,

Matheny said, "I don't know. Not that I'm aware of."

...Matheny did not want to discuss how Green Day handles its operations.

John Hammer

Why doesn't Zack's City of Greensboro Bio mention Green Day?

Greensboro City Attorney Explains No Contact with Local Elected Officials,
Councilman Zack "Trash Truck" Matheny Are You Listening!

Green Day's Commercial Services Include:

• Consulting
• Solid Waste Hauling & Disposal
• Recycling Hauling & Marketing For
Paper, Plastics & Metal
• Equipment Sales, Rental & Service

• Document & Product Shredding

Updaded: Information request for taxpayer funded Downtown Greensboro Inc. on City of Greensboro Councilperson Nancy Hoffman

Spoke to Nancy Hoffman today.

.

.

.

"Have you had any communications with anyone at DGI

about leasing your space?"

George Hartzman

.

.

.

"No comment"

Nancy Hoffman

George Hartzman at Ed Cone's

Who from DGI has had contact with City of Greensboro Councilperson Nancy Hoffman
about leasing space in a building purchased in June, 2012 through an LLC
conected to Nancy Hoffman
down the street from what many on DGI's board of directors including Betty Cone,
aparantly very much want everyone else to pay for unless it's in the wrong spot 
to be a taxpayer funded PAC?


Should a taxpayer funded entity like DGI
have conversations about doing business with someone who votes to fund DGI
and who is actively lobbied by DGI for more taxpayer funded projects
with money supplied by taxpayers?


Should Nancy Hoffman recuse herself from what?

Emailed to

aharris@actiongreensboro.org
authdv@aol.com
bbrewer@greensboro.org

Nancy Hoffmann (District 4 victor)
Total 2012 receipts before final filing: $37,231
Total 2012 expenditures before final filing: $35,210

Jordan Green

bdnewt@yahoo.com
blackstockl@bellsouth.net
bwilliams@greensboro.org
ccooke@greensboro.org
cdancy@greensboro.org

chayworth@centralncja.org
cthompson@actiongreensboro.org
dbackstock@bellsouth.net
debbie@downtowngreensboro.net
dhedgspeth@cfgg.org
dhooper@greensboro.org
dlynch@greensboro.org
dnewton@cfgg.org
dpowell@ptpnc.com
dsanders@actiongreensboro.org
dwhite@greensboro.org
ed@downtowngreensboro.net
gmantura@cfgg.org
greensboroeda@greensboro.org
gvadia@greensboro.org

ihopper@greensboro.org
info@cfgg.org
info@mygma.org
info@piedmonttriadnc.com
jackdzim@triad.rr.com
jcannon@greensboro.org
jcomer@greensboro.org
jgorham-worsley@greensboro.org
jkillorin@cfgg.org
jmorton@actiongreensboro.org
joconnell@cfgg.org
kate@downtowngreensboro.net
kdubel@greensboro.org

kelliott@greensboro.org
kfunderburk@ptpnc.com
klester@greensboro.org
laura.eugenia.jackson@gmail.com
lbrown@piedmonttriadnc.com
lbrown@ptpnc.com
lee@downtowngreensboro.net
lhewitt@greensboro.org
ljeffers@greensboro.org
lowens@buddgroup.com
lwhite@greensboro.org
lwooten@cfgg.org
marsh.prause@smithmoorelaw.com
mberger@greensboro.org

mfields@ptpnc.com
mharrington@ptpnc.com
moakley@cfgg.org
mpierce@cfgg.org
mrp_mlp@bellsouth.net
msteele@cfgg.org
mwinslow@greensboro.org
pdanahy@greensboro.org
pkauber@triad.rr.com
pwhiteheart@ptpnc.com
rfrush@greensboro.org
rrhyne@greensboro.org
spost@greensboro.org
susantaaffe1@gmail.com
tpoole@cfgg.org
trudy@newhomeguides.com
tsandercock@cfgg.org
tstreuli@greensboro.org
twilliams@greensboro.org
vickie@downtowngreensboro.net
wsanders@cfgg.org

A few Nancy Hoffman contributors

Richard Moore
Henry Isaacson
Sally Cone
Susan Robinson

If Susan Robinson is married to John Robinson, the "retired" editor,

was she allowed to contribute to local political campaigns?

The Canada Dry property is owned by Susan Robinson,

the wife of News & Record Editor John Robinson...

Amanda Lehmert

How could this this not be very good indication that Greensboro's 2011 City Council race
was manipulated by our paper of record
considering how John Robinson chose not to report the truth about Robbie Perkins
on RUCO, marital etc...?

Thomas Sloan
Marl Hyman
Susan Schwartz - Cemela

Paid Campaign Manager: Graham Sheridan

The Greensboro Coliseum Complex has the following advertising trade agreements

in place for the 2010-11 Fiscal Year:

.

$90,000 with News & Record in exchange for Club Seats,

[and} Triad Best of Broadway season tickets...

City of Greensboro response to a George Hartzman information request

"Fascism...is a radical and authoritarian nationalist political ideology.

Fascists seek to organize a nation according to corporatist perspectives, values, and systems,
including the political system and the economy.

Fascism presents itself as a solution to the perceived benefits and disadvantages of conservatism
by advocating state-controlled modernization
that promotes orderly change while resisting the dangers to order in society of pluralism
and independent initiative.

Paxton wrote that fascism is:

a form of political behavior marked by obsessive preoccupation with community decline,
humiliation or victimhood...working in uneasy, but effective collaboration with traditional elites,
abandons democratic liberties...

...The Nazis initially attempted to form a corporatist economic system like that of Fascist Italy,
creating the National Socialist Institute for Corporatism in May 1933,
which included many major economists
who argued that corporatism was consistent with National Socialism..."

Wikipedia

From what George Hartzman just posted at Ed Cone's, with some email conversations over the last couple of days

look at the last page.

-----Original Message-----

From: George Hartzman

Sent: Jul 13, 2012 3:44 PM

To: George Hartzman

Subject: boom

.
.
.
cannot open with my version of pdf reader, security issue

efcone@ Jul 13 (1 day ago)
.
.
.

case sensitive password wF479ptQ

I talked to both gentlemen in the last 48 hours...

From: George Hartzman

Date: Fri, Jul 13, 2012 at 4:21 PM

Subject: Re: boom

To: efcone@

.
.
.
"I met with Jeff Gauger for a couple of hours last night."

from: George Hartzman hartzmancpe@
to: efcone@

bcc: Jeff Horwitz Matthew Evans

date: Sat, Jul 14, 2012 at 10:04 AM
subject: Re: boom
.
.
.

"If I ask Gauger for you to do the Wells story,

would you be interested?"

From: George Hartzman

Sent: Jul 14, 2012 11:27 AM

To: efcone

Subject: Gauger

.
.
.
"I find George's constant innuendo and blind allegations
to be ethically suspect
and also to undermine the credibility of his whistleblower case.


..Also, the people who run the Carolina
have no pretense that the facility could become the PAC, so, no."

Posted by: Ed Cone | Jul 14, 2012 at 12:02 PM
.
.
.
I've never heard of the N&R using freelancers for news stories.


Also, I'm not a newspaper writer.


Or a freelancer.


So, probably a non-starter.

efcone@
5:03 PM (4 hours ago)
.
.
.

"Obviously."

George Hartzman 5:10 PM (4 hours ago) to efcone@

http://edcone.typepad.com/wordup/2012/07/the-holliday-plan.html?cid=6a00d8341cc33e53ef017616775f6c970c#comment-6a00d8341cc33e53ef017616775f6c970c
.
.
.
"I'm not a newspaper writer.


Or a freelancer."

Ed Cone
.
.
.

Really?

.
.
.
Details for Edward Cone

Email Address: efcone

Bio: Senior Writer and author...

Ed Cone has worked as a contributing editor at Wired;
a staff writer at Forbes;
a senior writer for Ziff Davis with Baseline and Interactive Week;
and as a freelancer based in Paris and then North Carolina
for a wide variety of magazines and papers including the International Herald Tribune,
Texas Monthly, and Playboy.

He writes an opinion column in his hometown paper, the Greensboro News & Record,
and publishes the semi-popular EdCone.com weblog.

http://www.cioinsight.com/cp/bio/Edward-Cone/

Does Ed Cone have a problem with Jeff Gauger?

WTF?

From an email sent to xxxyyy

http://hartzman.blogspot.com/2012/07/from-email-sent-to-xxxyyy.html

The potential enormity of George Hartzman's Wells Fargo Whistleblower filing
on Envision Investment Plans and 4front

http://hartzman.blogspot.com/2012/07/potential-enormity-of-george-hartzmans.html

FINRA, SEC, DOL, CFPB, FTC, FRB, and PCAOB Wells Fargo Whistleblower Filing

http://hartzman.blogspot.com/2012/06/finra-sec-dol-cfpb-ftc-frb-and-pcaob.html

Some answers to questions asked by an independent investigator
answered by George Hartzman on his Wells Fargo Whistleblower filing

http://hartzman.blogspot.com/2012/07/some-answers-to-questions-asked-by.html

Forwarded to Michael Mashburn, SEC and Daniel Stefek, FINRA
- both of whom recieved NC Securities Division File No. 12 SEC 84, in late June, 2012

http://hartzman.blogspot.com/2012/07/forwarded-to-michael-mashburn-sec-and.html

Front Running and Domain Name Front Running: Do Nancy and Roch know each other?

"Front running is the illegal practice of a stock broker
executing orders on a security for its own account
while taking advantage of advance knowledge of pending orders from its customers.

When orders previously submitted by its customers
will predictably affect the price of the security,
purchasing first for its own account gives the broker an unfair advantage,
since it can expect to close out its position at a profit based on the new price level.

The front running broker either buys for his own account
...before filling customer buy orders that drive up the price...

Allegations of front running occasionally arise in stock and commodity exchanges,
in scandals concerning floor brokers and exchange specialists.

...Khan & Lu (2008: 1) define front running
as "trading by some parties in advance of large trades by other parties,
in anticipation of profiting from the price movement that follows the large trade".

While front-running is illegal when a broker uses private information about a client's pending order,
in principle it is not illegal if it is based on public information.

In his book Trading & Exchanges,
Larry Harris outlines several other related types of trading.

Though all these types of trading may not be strictly illegal,
he terms them "parasitic".

"Front running" is sometimes used informally for a broker's tactics
related to trading on proprietary information before its clients have been given the information."

Wikipedia

Domain name front running

Domain name front running is the practice whereby a domain name registrar

uses insider information to register domains for the purpose of re-selling them

or earning revenue via ads placed on the domain's landing page.

By registering the domains,

the registrar locks out other potential registrars from selling the domain to a customer.

...The term was created by domain investor and retired stockbroker Daniel Stager

who likened the practice to front running,

when a stockbroker illegally puts their own financial interests above that of their clients.

Wikipedia

City of Greensboro REGULAR MEETING, TUESDAY JULY 17, 2012 - 5:30 P.M. - COUNCIL CHAMBER - Agenda Items of Interst

9. Update by the Solid Waste Task Force. (No attachment)

40. Resolution approving a one-year extension from July 1, 2012 to June 30, 2013
in the agreement with Center City Park LLC with reference to maintenance of Center City Park.
(Council District: 3) (roll call vote) (Attachment #40 to Councilmembers)

41. Resolution reallocating $109,296 from Greensboro Coliseum Complex parking improvements
to the funding of various capital items for the Greensboro Aquatic Center.
(Council District: all) (roll call vote) (Attachment #41 to Councilmembers)

Billy Jones on The Greensboro Partnership and Downtown Greensboro Inc etc...

"...do you think it strange that the Bryan Foundation
pays Action Greensboro to pay Grassroots Productions
to hire Downtown Greensboro Inc to manage City Center Park
and bill the City of Greensboro when DGI (funded by the City of Greensboro)
Action Greensboro, The Greensboro Partnership,
Greensboro Economic Development Alliance and Greensboro Chamber of Commerce
are all one in the same?"

Billy Jones

Cowardice

Ed Cone "What I've learned* about comment threads in 10 years of blogging"

"Try to convince the readers, not the person arguing with you.

Your last word doesn't have to come at the bottom of the thread.

A passerby can't tell which one of you is crazy.

There are a lot of smart, informed, generous, and passionate people out there.

Sarcasm does not play well in text.

Bonhomie is fleeting, grudges abide.

People are going to talk about what they want to talk about.

When you paint your masterpiece, someone is going to draw a mustache and funny glasses on it.

Sometimes the mustache and funny glasses make it look better.

*Learning something and remembering it when you need it are not always the same thing."

Ed Cone

Dear Tom Phillips, Former City of Greensboro Council Member, and co-worker at..., on an email sent today - "Flip Flops"

Wed, Jul 11, 2012 at 2:03 PM, wrote:

I apologize for wearing flip flops in the office.

At first, I thought I was going to show up and be escorted from the building,
so it was an act of defiance not to anyone I work with.

I forgive you.

Ends up as of the present moment, I am still here.

I have worked with many here for many years.

I care very much about many whom I have worked and work with.

Especially one William Spivey.

Believe it or not, I am trying to do what is in all of our best interests,
as well of the best interests our clients, which should be our highest priority.

So onward we go.

gh

And I thank you for opening my eyes.

George Hartzman
Vice President-Investments
Fundamental Choice Portfolio Manager
Wells Fargo Advisors LLC
3623 North Elm Street, Suite 100-A (27455)
________________________________
ATTENTION: THIS E-MAIL MAY BE AN ADVERTISEMENT OR SOLICITATION FOR PRODUCTS AND SERVICES.

Wells Fargo Advisors, LLC is a separate nonbank affiliate of Wells Fargo & Company,
Member FINRA/SIPC. 1 North Jefferson, St. Louis, MO 63103.

william.spivey
sam.alem
louise.f.brady1
scott.cannon
darryl.cermak-serfass
pamela.clasby
robert.craven
allan.eades
jerry.a.eades
wallace.g.freemon
malphus.gaines
jason.gillespie
erwin.goldman1
george.harris
rocky.d.harwood
matthew.healy
terry.hindle
peter.huminski
sally.h.johnston
mark.a.kronenfeld
walter.c.lambeth
charles.lucas
dale.meltzer
garrett.mullins
carter.j.overton
lori.a.pettyjohn
cassandra.ricketts
david.j.robinson
joseph.rotunda
connie.v.russell
john.schmitt
walter.taylor
jeanette.allen
michelle.i.chandler
donna.craig
carol.davis
deborah.dixon
mary.godino
kathleen.b.leach
sandra.l.smith
donna.l.williams
andrea.wisekal

date: Wed, Jul 11, 2012 at 2:03 PM
subject: Flip Flops
mailed-by: wellsfargoadvisors.com
: Important mainly because of the words in the message.

Greensboro N.C. Gets a C- from Sunshine Review

HAT TIP : Greensboro Councilwomen Nancy Vaughan Facebook Account

HAT TIP : Sunshine Review , bringing state and local government to light

Here is a definition of what Sunshine review is about

ABOUT SUNSHINE REVIEW

Sunshine Review is about state and local government transparency, engaged citizens, and holding government officials accountable. The Sunshine Review wiki collects and shares information about state and local transparency using a 10-point Transparency Checklist to evaluate 6,000 state and local government websites. Sunshine Review is a non-profit that collaborates with individuals and organizations across America to promote state and local transparency

The Sunshine Review has some analysis on cities all over the country and has given the City of Greensboro a C- with 3 other cities getting rated as well in Charlotte getting a B, Raleigh A-, DurhamB- and Winston Salem getting a C. To see the comparison of cities CLICKHERE

The good on Greensboro from Sunshine Review

The current budget is published and previous budgets are available for the last three years

The calendar of meetings, meeting agendas, and minutes, are available and archived at least three years

Names of elected officials, email addresses, individual phone numbers, and a physical address is available

Names of administrative officials and individual phone numbers are available

Permit applications are available for download

The current audit is published and previous audits are available for the last three years

Bids are posted

Public records are available, including forms and contact information

Tax revenues are available and tax rates are published

The “I Want to…” feature is an excellent resources available on the website.

The bad on Greensboro from Sunshine Review

Administrative officials have only email contact forms, as opposed to individual email addresses, and physical addresses are unavailable.

Links to zoning information are available, but the links do not work.

Awarded contract information is unavailable, and a search does not generate relevant results.

Lobbyists, memberships to lobbying organizations and associated fees are unavailable.

Archived budgets are unavailable.

Looks like with a C- rating there is room for improvement and one aspect that needs improvement is to be able to search for minutes from past Greensboro City Council meeting while putting in searchable words like for example "conflicts of interest and Robbie Perkins" this should let us search for any past meeting and see the minutes from this meeting. Right now you have to try to remember which council meeting it was in then search each date then scroll through all the minutes that were taken to see if you have the right saying. It takes a very long time to do this but seeing that Greensboro televises it's meetings is a huge plus to even go back to past meetings and watch the video even to see Greensboro Councilmen Zack Matheny tell someone to sit down.

If the sunshine review needs help with the wasted money for the City of Greensboro on hiring a Lobbyist here is a link to my post on this issue which the city gets a missing label for this area of their review. here is the post on that titled "City of Greensboro Set to Waste Taxpayers Money Going After Taxpayers Money to Hire Federal Lobbyist" then we find out later that the mayor has been friends with the Sapersteins since the lobbyist was a kid, nice cronyism on this issue. Hopefully we will see the reversal of this federal lobbyist in the future and the City of Greensboro can say they spend no taxpayer money going after taxpayer money.

here is the video from that vote and the mayor talking about the new federal lobbyist



Nice to see this from the sunshine review and hopefully they will succeed in this endeavor and we can shine a light on all cities , counties and state government all over this country.

The contents of a message sent to North Carolina Congressman Howard Coble

The potential enormity
of George Hartzman's Wells Fargo Whistleblower filing
on Envision Investment Plans and 4front

http://hartzman.blogspot.com/2012/07/potential-enormity-of-george-hartzmans.html

Could George Hartzman's Wells Fargo Whistleblower filing
affect what could be more than $150 billion of Wells Fargo Advisors client assets?

Will anyone in congress lift a finger?

Brad Miller anyone?

Travis Fain: "Premarital sex 'illegal' in North Carolina since 1805"

"There's a law against premarital gettin' it on in North Carolina,
making it a Class 2 misdemeanor punishable by up to 30 days in jail on a first offense.

That puts it on par with cyber stalking, using vulgar language over the telephone
and telling a hotel registration clerk that you're married when you're not.

It's been on the books since 1805, and it was last updated in 1994.

...the last time the law is cited there was in a case from 1954.

Arresting people for this kind of stuff pretty much went out of style
/ constitutionality for good in 2003, when the U.S. Supreme Court decided Lawrence v. Texas,
which struck down various state sodomy laws around the country.

But the North Carolina General Statutes are still littered with little things like this,
and that's particularly true of Chapter 14, Article 26,
the "Offenses against Public Morality and Decency" section of state code.

There's a ton of just awful human being stuff in there
...a prohibition against maliciously obstructing "the way leading to any place of worship,
or to any spring or well commonly used by the congregation."

Travis

From Ed Cone's: "Why not fix up the Carolina Theater?"

The colored section is still intact is my understanding.

It really should be part of the Civil Rights Museum tour.

I hear if they replace the seats,
they could get 1800 total.

Pump the historical civil rights angle.

Bring in some pretty top names
who may want to perform in a venue with a history,
for 75% to 95% less money.

It could also bring our rather disfunctional race relations
into a newer, friendlier light.

BTW..., my kids were munchkins with Roy Carroll's
the year I played "Uncle Henry"
and a tree
and a winkie
and a jitterbug dancer
and a curtain and scene thing changer

If the side building could be taken out
and another truck pull up entrance created,
it could be a first class facility that may mean much more
than a brand new shiny hob nob venue.

Holy Siht!!!! [Guilford?] workers to take [County Commish's?] to court over across-the-board minimum wage salaries?

"Employees of a [North Carolina County?],
who have all seen their salaries cut to minimum wage
as the [manager?] grapples with budget problems,
are hoping a judge restores their paychecks in full.

[Guilford County Commissioner Charmain?] cut every one's pay
-- including his own [?] -- on Friday,
saying the state's stxih-largest city is broke...

[Guilford County Commissioner Charmain?]
...warned nearly 400 police officers, firefighters and public works employees about his doomsday plan,
prompting a ...County judge to order the city to pay full wages to all employees,
citing that it is a violation of their contracts."

Some answers to questions asked by an independent investigator from Oyster consulting answered by George Hartzman on his Wells Fargo Whistleblower filing

"When did you file (dates) the two ethics complaints,
one regarding the secret loans and the other regarding Envision℠ with Wells Fargo?

Henry "Hank" Sanchez, Jr. Esq., 
Oyster Consulting,

Let's not forget the African American Leadership of Greensboro and Guilford County that may have prevented: Thomasville apartment fire under investigation

"The fire department is investigating an afternoon apartment fire at 300 C James Ave.

Crews were called to the apartments around 2:30 p.m., Sunday, and left by 5:15 p.m.

There were no injuries, according to police and fire reports."

When will the African American political leadership

of Greensboro and Guilford County

acknowledge they betrayed their own people

for letting Robbie and friends at TREBIC kill RUCO?

What will the new City of Greensboro manager suggest?

Will that she was the lobbyist for the Greensboro Parnership,

which also means Downtown Greensboro Inc. do the right thing,

or shall we all wait untill some have the blood of dead renters on thier hands?

From The Economist via Fec on LIBOR: This is what Greensboro Mayor Robbie Perkins refused to let me speak about during the Greensboro Performing Arts Center Debate

Robbie Perkins trying to shut George Hartzman up

"...our mistakes have been errors of judgment and not of principle.”

J.P. Morgan junior, 1933, in the middle of a financial crisis.

Today’s bankers can draw no such comfort from their behaviour.

The attempts to rig LIBOR (the London inter-bank offered rate),
a benchmark interest rate,
not only betray a culture of casual dishonesty;
they set the stage for lawsuits and more regulation right the way round the globe.

This could well be global finance’s “tobacco moment”…

Barclays is the first bank in the spotlight
because it offered to co-operate fully with regulators.

It will not be the last.

...LIBOR is used to set an estimated $800 trillion-worth of financial instruments,
affecting the price of everything from simple mortgages to interest-rate derivatives.

If attempts to manipulate LIBOR were successful
—and the regulators think that Barclays did manage it, on occasion
—then this would be the biggest securities fraud in history,
affecting investors and borrowers around the world.

That opens the door to litigation not just by the direct customers of implicated banks,
but by anyone with a financial interest in LIBOR.

...The British government has ordered a parliamentary review into its banks.

The evidence ...reveals two types of bad behaviour.

The first was designed to manipulate LIBOR to bolster traders’ profits.

...They were also colluding with counterparts at other banks,
making and receiving requests to pass on to their respective submitters.

...This bit of the LIBOR scandal looks less like rogue trading,
more like a cartel.

...If attempts to manipulate LIBOR were successful
—and the regulators think that Barclays did manage it, on occasion
—then this would be the biggest securities fraud in history,
affecting investors and borrowers around the world.

...During the crisis, a high LIBOR submission
was widely seen as a sign of financial weakness.

Barclays lowered its submissions so that it could drop back into the pack of panel banks;
it has released evidence that can be interpreted as an implicit nod from the Bank of England
to do so.

The central bank denies this...

...two tasks lie ahead.

The first is to find out exactly what happened and to punish those involved.

Where the only motive was greed,
the individuals directly involved in fraud should face jail.

If the rate was lowered to keep the bank afloat, and regulators were involved,
both the bankers and their rule-setters should explain
why they took it upon themselves to endanger the City’s reputation in this way.

...culture flows from structure.

...some rules must change.

LIBOR is set under the aegis not of the regulator but of a trade body,
the British Bankers’ Association.

That may have worked in the gentlemanly days when “the governor’s eyebrows”
were enough to keep bankers in order.

...LIBOR and its equivalents like EURIBOR should be set
on the basis of actual, not estimated, borrowing costs.

...More banks should therefore be required to join the panel of submitting lenders,
so that it is less easily gamed.

...“The banker must at all times conduct himself

so as to justify the confidence of his clients in him,”

J.P. Morgan junior.

That trust has been forfeited: it must be regained.

Let's not not understand how and why Zack Matheny injected himself into the curfew debate and who's on what side: Ed Wolverton and Milton Kern on "Safety," in Downtown Greensboro

"Ed Wolverton, president of Downtown Greensboro Inc.,
worked with Matheny on the proposals.

“A community may say they want the license for any nightclub
that stays open after 11 p.m. or maybe 12 a.m.” ...Wolverton said.

Wolverton said the teen curfew proposal is related to two incidents last summer
when a club had a “teen night” that led to fighting in a parking lot.

Should two incidents = restrictions for all teens?

Milton Kern...was another business leader who helped craft the proposals.

“The nightclub owners have to understand
they have to be responsible business people
and not have a 'shoot ’em up,’ wild night life,” Kern said.

Didn't the N Club already voluntarily shut down?

How can this not be about keeping young black youth

who live very near downtown Greensboro being relatively unwelcome

by some who may have seemed what some could consider somewhat bigoted like?

Would any others who attended what appeared to be a meeting of "Stakeholders"

after the N Club event

like to concur as to some of the topics of conversation

at what may have been the Empire Room?

Who was there? 

If most of our local print media is aware of what most don't, 

why wouldn't they bother filling everyone else in? 

rooster8786 and Mad Dog on Zack Matheny's bright idea on another teen curfew, and a few questions

If you are a constituent of Zack, please see definition #2, as it related to people,

and ask yourself if this defines Zack

or if maybe the words listed under antonym more closely define Zack.

rooster8786

Antonyms: follower, imitator


Near Antonyms: dependent, inferior, junior, secondary,
subject, subordinate, underling


http://www.merriam-webster.com/dictionary/leader

Typical knee jerk reaction, Zack.

It was before 11:00pm and 2 of the 3 arrested were 18 or over.

So, the curfew would not have mattered.

...Be active, Zack, not Re-active.

It's called planning.

You the the Council should try it sometime.

Y'all might even like it.

MD

Who has Roy Carroll been in touch with?

Did he talk to Zack?

What was the demographic nature of the event?

The three people arrested Wednesday were teenagers. They are:

• Zannie Deangelo Sea-graves Jr., 18, charged with disturbing the peace.

• Tyrik Alexander Reaves, 19, cited for failing to disperse. He was released at the scene.

• Jimel Tyrea Leach, 17, charged with public disturbance.

Is this about selling condos?

Don't want the wrong people out front Zack?

What is everyone suddenly realizes

that a good chunk of taxpaying citizens who sometimes frequent downtown

live relatively close by, and also happen to not be white?

N.C. Public Notice News from Modesto CA. City Council Votes to Cease Publishing Legal Notices for Public Bids in Newspapers

HAT TIP : LEGAL NOTICE BLOG


MODESTO, CA CITY COUNCIL VOTES TO CEASE PUBLISHING LEGAL NOTICES FOR
PUBLIC BIDS IN NEWSPAPER.
-------------------------------------------

The Modesto California City Council voted 5-2 last week (June 26)in favor of
a bill that would the city to publish public notices requesting proposals for
bids , on a "bidding website" , reported Modbee.com
http://www.modbee.com/2012/06/26/2259127/modesto-council-chooses-new-bus.html?utm_source=dlvr.it&utm_medium=twitter as
opposed to the newspaper. Gloriette Genereux, Mdoesto's Financial Director
stated that legal notices in the newspaper are now "an *ineffective* way of
announcing formal bids" as they pre-date the Internet as the most effective
means of communication with the prospective vendor pool." , reported
Modbee.com
http://www.modbee.com/2012/06/29/2257179/plan-would-keep-public-notices.html .
She also noted
http://www.modbee.com/2012/06/29/2257179/plan-would-keep-public-notices.html
that a bidding web site could reach far mote prospective bidders.

The Modesto Bee editorialized
http://www.modbee.com/2012/06/29/2257179/plan-would-keep-public-notices.htmlthat
their opposition to this ordinance was not about lost revenue for notices
that won't be published in their paper. We all know that when they say it
isn't about the money ... it's about the money.

The migration of notices from print to on line continues when local
governments have control of the process. It is the state legislators that
have not been able to move with the times on this issue.



To read how other states are addressing this issue Click *HERE*
http://legal-notice.org/blog

Follow Us on *Twitter https://twitter.com/#!/legalnotices*

Loudoun County Virginia Bars Developers Campaign $, Guilford County Local Politicians Let's Try This

UPDATE: this is a repost from 2008 and wanted to share on TRIADWATCH

Loudoun Board Bars Use Of Builder Campaign Funds - washingtonpost.com
or click on the title above.

By Sandhya SomashekharWashington Post Staff Writer
Wednesday, July 2, 2008; Page B01
Loudoun County supervisors voted yesterday to bar themselves from accepting campaign contributions from builders and others with proposals before the board as part of a broad effort to restore public confidence in a body that some have viewed as too close to the development community.
_______________________________________________________

Leesburg Today CLICKHERE for the whole article
07/04/2008
Loudoun Supervisors Restrict Contributions from Developers
By Erika Jacobson -
In an attempt to assure residents that there are no back-room agreements or conflicts of interest happening at the dais, Loudoun County Board of Supervisors Tuesday adopted new policies limiting the action a supervisor could take on an application submitted by a campaign contributor.
"I think there has to be transparency in ethics and government. I think this takes us one step forward in making this distinction," Supervisor Susan Klimek Buckley (D-Sugarland Run) said.
Under the new policy, supervisors would be prohibited from taking campaign contributions from anyone with certain land use applications pending before the county from the time that application is submitted to six months after the board's action on the item or the withdrawal of the application. Applications included under the new policy are rezonings, special exceptions, proffer amendments, concept plan amendments, zoning appeals as well as any other appeals before the board of supervisors, Comprehensive Plan amendments and requests for early removal from Agricultural and Forestal District.
_______________________________________________________


Living in the Triad area of North Carolina my whole life. I'm saddened and disgusted by what seems to be serious misconduct involving local governmental officials, for example Heart of the Triad, campaign contributions, and developers plus their lawyers influence on boards and commissions in Guilford County and especially the city of Greensboro.

Triadwatch reported the influence of the developers on the Greensboro Land development ordinance committee CLICKHERE , also Jordan Green from Yes Weekly went farther with article on the developers more assertive on panel to rewrite Greensboro's land development ordinance CLICKHERE

We cannot ignore the substantial influence developers or their coalition called the Triad Real Estate and Building Industry Coalition also known as the TREBIC CARTEL have gained over the past decade in their pursuit of paving over every acre in Guilford County.

It is time we curb developers' influence by banning them from contributing to politicians who will decide on their zoning or land-use permits. It's also time we give the public a say in development proposals that impact their neighborhoods for example getting a bill passed to make Greensboro comply with a North Carolina General Statute called Protest Petitions.
A developer should not be allowed to financially contribute to a candidate for public office in a county or municipality in which they plan to seek government approval.I hope what has happened in Virginia trickles down south to North Carolina.