Saturday, May 30, 2015

Ivan Saul Cutler's Nancy Hoffmann Propaganda

"Nancy Hoffmann’s courageous support for enhancing the Hobbs-Friendly neighborhood reflects her abiding passion and acute vision for improving opportunity for all of Greensboro.

From a thread at Greater Greensboro Politics

Leaders lead. Nancy clearly sees the big picture, impelled by the future, and is not trapped by the vagaries of the present.

District 4 residents and all of her city constituents need to be reminded that Nancy is a proven businesswoman honed on tough decision making.

Good for Greensboro, Nancy’s earned skills arise from a worthy discipline she developed as a public school teacher, a demanding responsibility delivering the virtue of knowledgeable flexibility as a trusted asset.

to Tuesday's Give Away to Greensboro's 1%

As time passes, even more Greensboro residents will herald Nancy’s adroit leadership, recognizing she acts for the greater good instead temporary political calculations.

Nancy’s wise decisions will transform the Hobbs-Friendly neighborhood..."

Ivan Saul Cutler
On Nancy Hoffmann's DGI Self Dealing and Conflict of Interest
Kathy Manning, Randall Kaplan's wife, lobbying for a GPAC and their new hotel, with some Nancy Hoffmann, Dawn Chaney and Nancy Vaughan
Will Nancy Hoffman vote to fund DGI this evening, after her "final subission" to be DGI's landlord?
"A member of the Momentum Group, whose principals including Downtown Greensboro Inc. (DGI) board member Nick Piornack, informed three City staff members last week that “75 or 80 percent” of the Cantina was complete. Yet the developers have submitted invoices, and received payments from the City, for all but $1,642.86 of the second $100,000. A guesstimate of the project’s progress appears to be far less than the 75 percent cited.

The Momentum Group has been in discussions with City Council member Nancy Hoffmann to develop a couple of properties Hoffmann recently purchased on Lewis Street, which would utilize the lot she voted to fund for patron parking. Personal guarantees were required from the investor group that included Piornack, whom Nancy Hoffmann nominated for the DGI board.

Previously, Hoffmann consented to allow a tenant to apply for a retail grant for her Elm Street building for electrical work, frame and sheet rock, and plumbing. In my view, the grant, which was funded by a Hoffmann Council vote that allocated monies to DGI, benefited her personal property. At a Council meeting, Hoffmann stated “No taxpayer money was spent on my behalf for the 302/304 South Elm building.”
Sounds like the Lee Comer money and street are a joint Dawn Cheney / Nancy Hoffmann project; Linkfest
How Nancy Hoffmann, Dawn Cheney and the Isaccson's give everyone else's money to their friends, while stiffing East Greensboro
City Councilwoman Nancy Hoffmann signs authorization for tenant to recieve taxpayer money she voted for
Zack Matheny and Nancy Hoffmann "Are NOT Prostitutes … They Are Pimps"; An Adaptation

News and Record Letter to the Editor on Nancy Hoffmann
"No taxpayer money was spent on my behalf for the 302/304 South Elm building." - Nancy Hoffmann

Friday, May 29, 2015

City of Greensboro Meeting Agenda; Tuesday, June 2, 2015 5:30 PM Council Chamber

12. ID 15-0416;

Ordinance in the Amount of $180,597.90 Amending the General Fund FY 14/15 Budget (Economic Development) for the Appropriation of Funds for the Pass-Through of a Guilford County Economic Development Incentive Grant to Park View Development, LLC
20. ID 15-0391;

Public Hearing to Receive Public Comment on the Recommended
Fiscal Year 2015-2016 Annual Budget
"Score a win for Greensboro blogger George Hartzman, whose Socratic tirades in front of city council can sometimes come across as hyperbolic. Hartzman vocally questioned whether Mayor Robbie Perkins should be voting on an economic incentives payout to a Park View Development, the business entity for Center Point — for which Perkins serves as a listing agent in his role as a commercial real estate broker — at an April 3 council meeting.

Perkins also happens to live in the building.

Maybe it’s Hartzman’s history of repeated and numerous allegations that led interim City Attorney Jamiah Waterman to rule during the April 3 city council meeting that Perkins had no conflict of interest. Three days later Waterman was eating his opinion: “Upon further review, it can reasonably be argued that Mayor Perkins was subjected to a potential financial detriment, e.g. the potential loss of his real estate listings with Park View Development LLC. As such, I am revising my prior opinion to reflect that Mayor Perkins appears to have an impermissible conflict of interest in this matter.

While the item passed unanimously, I am recommending that: (1) on April 16th the city council votes to excuse Mayor Perkins from this item; and (2) the remaining disinterested council members vote on the amendment to the general fund budget.”"

Jordan Green
On June 11, 2007, Zack Matheny voted for a rezoning for Carroll Capital Investments, LLC, represented by Robbie Perkins, for Roy Carroll.

Zack received money from Mr. Carroll's PAC on 10/30/07.

Mr. Carroll also gave checks to Robbie, etc..., as he garnered about $4 million in tax breaks for Center Pointe.
Dear John Hammer and the Rhino Times; Libel, Defamation, the Guilford County Prison Farm and an auto company
AMEX, Robbie Perkins and Roy Carroll Stealing from Greensboro's Taxpayers?

Here's Robbie trying to get some incentives for his friends right before he left office;

"Hotel decision should wait for new council"

How much did the city spend to get the sewer line installed under I-40 for Roy Carroll's AMEX backup data center project?

If Roy's 700 acres was in the 9,000 that got water-sewer, did Roy get about 8% of the benefit of Greensboro's taxpayers spending about $20 million outside the city's limits?

About a $1.6 million backdoor incentive to American Express for Roy Carroll, right after AMEX laid off 1,500 plus across town?

Robbie Perkin's 9,000 acres, Project Haystack, "Incentives" and the Rhino Times
10/17/2007 Carroll PAC Contributions;


Individual Contribution

Individual Contribution
Total ALL Receipts:





When buying and selling are controlled by legislation
the first thing to be bought and sold are legislators

P J O'Rourke

Mr. Roy E. Carroll III
The Carroll Companies

Robbie Perkins 10/13/09 $250 Roy

Robbie Perkins 10/19/09 $100 Vanessa Y. Carroll

Jim Kee 10/27/09 $100 Vanessa Y. Carroll

Jim Kee 10/27/09 $250 Roy

Jim Kee 10/27/09 $100 Alvin Leonard, Carroll Companies

Zack Matheny 10/23/09

$100 Alvin Leonard, Carroll Companies

Zack Matheny 10/23/09 $250 Roy

Zack Matheny 10/23/09 $100 Vanessa Y. Carroll

The first truth is that the liberty of a democracy is not safe
if the people tolerate the growth of private power
to a point where it becomes stronger than their democratic state itself

That, in essence, is fascism
ownership of government by an individual
by a group or by any other controlling power

Franklin Delano Roosevelt"

Ethical Responsibilities of the Governing Body of the City of Greensboro

Let's not forget about Zack, Roy and the Curfew: How much more could Roy and friends make, if they use the government to eliminate their downtown competition?

Zack Matheny on Incentives

What other properties did AMEX look at other than Roy's and Richard's?

A democracy will continue to exist
up until the time that voters discover
that they can vote themselves generous gifts from the public treasury

From that moment on
the majority always votes for the candidates
who promise the most benefits…
with the result that every democracy
will finally collapse due to loose fiscal policy…

…nations always progressed through the following sequence

From bondage to spiritual faith
from spiritual faith to great courage
from courage to liberty, from liberty to abundance
from abundance to complacency
from complacency to apathy
from apathy to dependence
from dependence back into bondage


Thursday, May 28, 2015

City of Greensboro Information Request; "City mails megasite design work information to residents"

Please provide all information the City of Greensboro is in possession of, including name, address and contact information for the following 475 property owners, including any City of Greensboro internal communications and documentation concerning the letter and it's origin;

"In case they missed news of the Liberty megasite's step forward last week, with Greensboro City Council authorizing a nearly $2.3 million contract with an engineering firm to extend water and sewer utilities there, select property owners this week received the news right in their mailbox.

The City of Greensboro sent letters to 475 property owners in Guilford County and 189 property owners in Randolph County, according to the Asheboro Courier-Tribune."

Lexi Eagles Doesn't Fly In Her Understanding Of How Government Is Supposed To Work

In her N&R Letter to the Editor, Lexi Eagles praises City Council members who voted for Hobbs Road Rezoning and put down council member(s) who voted against it:

"And although Councilwoman Marikay Abuzuaiter’s remark that she had not prepared a speech drew applause (as though not preparing one’s remarks warranted approval), I found Councilwoman Nancy Hoffmann’s “speech” to be thoughtful, thorough and well-reasoned."

Lexi apparently doesn't understand how City Council is supposed to work. The fact that certain Council Members had prepared speeches ahead of time is proof positive their minds were made up before they came to Council meeting.

But according to rule of law Council members are not legally supposed to make up their minds until they hear all the evidence and opinions of the speakers.

What was witnessed was by definition: a Kangaroo Court and the proof is in Council videos. The vote was rigged, the prepared speeches proved as much.

On Greensboro Journalism

When ideas are discounted not on the individual merit of the idea but because of who is presenting the idea, journalism fails us.

Wednesday, May 27, 2015

Updated; City of Greensboro Information Request; Tom Caruthers communications with DGI and Zack Matheny; other open requests, Tuggle Duggans, Roy Carroll and the Triad Good Government PAC

DGI's Board of Directors, 
in a closed session with Nancy Vaughan, Jim Westmoreland, 
Marty Lawing and Jeff Phillips, 
asked that DGI's funding be guaranteed 
before announcing the hiring of Zack Matheny 
to be funded by City of Greensboro and Guilford County tax dollars.

Zack Matheny, a sitting Greensboro City Councilman, 
apparently without objection or raised concerns 
as to the appearance of a conflict of interest in the course of action, 
has placed himself in a position where his future employment
has become dependent upon taxpayer money
for a sitting, elected official who has voted for the funding of the organization,
and serves as City Council's DGI Liaison.

Mr. Matheny hired someone from Tuggle Duggins
which has business before City Council
to negotiate Zack's DGI contract.

Tuggle Duggins represents Roy Carroll in business before the City.

Tuggle Duggins represents Bob Isner and Bob Chapman  
who are seeking a taxpayer funded settlement
which is currently in play before City Council
which includes Zack Matheny.

Brian Wise, General Counsel and VP of Finance
for Roy's Carroll Companies
should have participated in the DGI closed session
in which Zack Matheny's employment was discussed,
for the benefit of Roy Carroll and Tuggle Duggins,  
so it's not like John Hammer doesn't know.

Downtown Greensboro Inc. (DGI) is in for some big changes 
that go far beyond hiring City Councilmember Zack Matheny as the new president,
which according to reliable sources is in negotiations.

John Hammer

May 28, 2015

All this after interim DGI CEO Cyndy Hayworth 
publicly accused City Council member Mike Barber of extortion 
over the job for City Council member Zack Matheny, 
and after Greensboro Mayor Nancy Vaughan, 
who has received campaign contributions 
from Tuggle Duggins attorneys and Roy Carroll via the Triad Good Government PAC, unsuccessfully attempted to appoint John Lomax
a Matheny business partner and campaign contributor/crony 
to DGI's board before the meeting on hiring Matheny.
Any person who threatens or communicates a threat 
or threats to another with the intention 
thereby wrongfully to obtain anything of value 
or any acquittance, advantage, or immunity 
is guilty of extortion 
and such person shall be punished as a Class F felon.

§ 14-118.4. Extortion; Favoritism and Crony Capitalism

While Tuggle Duggins lobbies for Roy Carroll's financial interests
with the City of Greensboro,  
which Zack Matheny has voted for on multiples of occasions, 
as an elected Councilman with fiduciary responsibilities to Greensboro's taxpayers,
Tuggle Duggins is also lobbying for Zack to be appointed to DGI's top post, 
which was funded with Matheny's vote.
North Carolina Bar association Client-Lawyer Relationship Rule 1.7 Conflict of Interest: Current Clients

Updated, Updated; On Marsh Prause, Nancy Vaughan, Jim Westmoreland, Jeff Phillips, Marty Lawing and DGI's meeting to hire City Councilman Zack Matheny

No public officer or employee 
who is involved in making or administering a contract 
on behalf of a public agency may derive a direct benefit from the contract...

§ 14-234. Public officers or employees benefiting from public contracts; 

Tuggle Duggins' Charles Blackmon serves or served
on the CITY'S EVALUATION PANEL; Economic Development
and is involved in representing Zack Matheny
for a job with an agency tasked with economic development.

Process/Structure Review Group

Roy Carroll served/serves with Tuggle Duggins' Mike Fox
on the Process/Structure Review Group

"Michael S. Fox is involvement with Leadership Greensboro,
The Greensboro Chamber of Commerce
and One Step Further's Yvonne Johnson.

Mike gained extensive knowledge in land use and real estate issues by serving on the Greensboro Planning Board for six years from 2003 to 2009 and was the Chairman of the Planning Board from 2007 to 2009."
Iron Hen

"Things seemed set to move on until veteran attorney Mike Fox of Tuggle Duggins appeared at the podium. Fox recently represented Roy Carroll on a request to close a portion of Lindsay Street for Bellemeade Village, a $50 million mixed-use project near New- Bridge Bank Park.

Zack Matheny, a currently serving City Councilman
voted for Tuggle Duggins' client's projects
and has now enlisted the same firm to represent Zack's own interests
for an unknown sum of money, which may have been heavily discounted,
considering Matheny has done such a good job giving everyone else's money
to Tuggle Duggins' clients.

Fox appeared on behalf of Darren Dalton, owner of Custom Sheet Metal Works...

...“We are trying to be easy here,” Fox said. “We’re willing to work with (Greensboro’s Department of Transportation) and we know that a site plan can change.”

Direct or indirect benefits are considered 
under the City’s conflict of interest policy 
and typically involve financial interests for the Councilmember, 
his or her immediate family, their partner, or an organization
which employs or is about to employ the member...

S. Mujeeb Shah-Khan

Mayor Pro-Tempore Johnson made a motion to that effect, but then she and Council member Zach Matheny asked for staff guidance regarding the motion’s necessity. City Manager Jim Westmoreland said he didn’t think they needed to make an official motion. Attorney Fox quickly disagreed.

Yvonne Johnson should have recused herself,
as Mike Fox's bio says he serves on Yvonne's One Step Further board.

“I do think we need this condition,” Fox said. “It’s the only protection my client has. He’s the most impacted person by this street closure.”

...“She’s putting a $3.5 million investment downtown and she’s paying $400,000 for parking, which could be public. Why wouldn’t we consider doing a partnership like with did with Spice Cantina?” Matheny asked.

Spice Cantina, owned by Nancy Hoffmann's business partners
of whom Nick Piornack serves on DGI's board, 
who should have been in the room
when Zack Matheny's employment came up.

After several minutes of back and forth between Comer and Fox regarding their specific negotiations, Mayor Vaughan noted that the issue needed to be postponed."

Dec. 31, 2014; "South Elm Development Group, the private company contracted by the city to oversee the process of turning six acres of brownfields into 21st century mixed-use splendor, in turn has requested to be paid for more than $400,000 in project expenses.

No member shall be excused from voting 
except upon matters involving the consideration 
of the member's own financial interest 
or official conduct or on matters 
on which the member is prohibited from voting...

§ 160A‑75. Voting.

...Once it became clear that SEDG’s profit from land sales wouldn’t quite meet their expectations, partners Bob Chapman and Bob Isner began looking for an alternate compensation method.

...SEDG partner Bob Chapman submitted the first proposed amendment on Nov. 18. It called for the city to reimburse SEDG for any revenue lost when the city gives component developers land free of charge.

Whomever from Tuggle Duggins is representing Zack Matheny, 
a Greensboro City Council member 
in negotiations with Greensboro taxpayer funded DGI, 
is also representing others with claims against the City at the same time, 
which Zack has had the opportunity to involve himself with as a Councilman
in a blatant conflict of interest.

A week later, on Nov. 26, SEDG’s attorney Mike Fox of Tuggle Duggins reached out to USCI’s [and the Bryan Foundation's] Ed Kitchen, [which is involved in financing the Randolph County Megasite deal].

“(Greensboro city attorney) Tom Carruthers and I are discussing ideas about moving forward on the Union Square campus land issue and thought it would be good to brainstorm a little with you about some difficulties we were facing,” Fox wrote.

As a City Councilmember,
Zack Matheny currently represents the City on the matter of the Bob's
as his now attorney represents Zack,
which is a conflict of interest for Tuggle Duggins and Zack Matheny.

...Late that afternoon the city received a letter from SEDG attorney Fox spelling out their negotiating position.

Fox reiterated the work SEDG has performed under the agreement and how the land transfer to USCI “further diminishes SEDG’s ability to market the property ...”

Fox estimated that SEDG’s expected compensation for the two USCI parcels amounted to $2.9 million. The partners had incurred more than $436,000 in expenses, Fox said, and would be willing to settle for the $500,000 staff recommended in August. But SEDG wanted two additional considerations.
Roy Carroll’s $50M downtown Greensboro project to include 300 upscale apartments

...Carroll on Wednesday outlined the project to the Greensboro Planning Board...

Zack Matheny voted to give Mike Fox's client
a City street for free,
before hiring Fox's firm to represent him
in negotiations for money Zack voted to give to DGI
after accepting years of campaign contributions from Roy Carroll
and Tuggle Duggins's attorneys via the Triad Good Government PAC.

Carroll, of The Carroll Cos., and Tuggle Duggins attorney Mike Fox presented site plans and renderings to the planning board.
Along with Roy Carroll, Tuggle Duggins' attorneys are the largest contributors to the Triad Good Government PAC, which has provided campaign contributions to Trudy Wade, BJ Barnes, Kay Cashion, Lisa Johnson-Tonkins, Phil Berger, Zack Matheny and Nancy Vaughan.

Mike Barber's campaign contributor and treasurer Art Winstead, who is also Barber's First Tee of the Triad's tremendously overpaid accountant, who didn't charge Mike to be his campaign treasurer, also contributed to the Triad Good Government PAC.
Triad Good Government PAC, filed 1/25/11


Peter Evenson

Michael S. Fox, Steven D. Bell

Roy Carroll; $7,910.00

Charles Blackmon etc...

Disbursements; Robbie Perkins, Nancy Vaughan, Zack Matheny, Marikay Abuzuaiter, Dianne Bellamy-Small, Yvonne Johnson, Wayne Abraham among others
Triad Good Government PAC, filed 1/30/14

Contributors of interest;

Don Vaughan's business partner Paul Mengert.

Disbursements; Mike Barber, Robbie Perkins, Zack Matheny, Nancy Vaughan, Yvonne Johnson, Nancy Hoffmann, Tony Wilkins,
Downtown Design Manual – Small Stakeholder Group

Roy Carroll – The Carroll Companies

Mike Fox – Tuggle Duggins & Meschan
Matheny for Congress
City of Greensboro Information Request;

Please provide all documentation and communications between anyone at DGI, including the Tuggle Duggans' attorney representing Zack Matheny, concerning Zack's employment application with DGI, and/or contract negotiations with the City's legal department concerning Matheny's DGI job offer.

Please provide all documentation and communications concerning the City's legal representation relative to Zack Matheny and DGI, including whether or not the City can represent both Zack Mathney as a City Councilman and Zack Matheny as a candidate for a job funded by a Council vote in which Zack was involved. public servant...authorized to perform an official action
 requiring the exercise of discretion, 
shall participate in an official action by the employing entity
 if the public servant ...may incur a reasonably foreseeable financial benefit 
...which financial benefit would impair the public servant's
 independence of judgment or from which it could reasonably be inferred
that the financial benefit would influence 
the public servant's participation in the official action.

§ 138A‑36

Please provide all documentation and communications between anyone in the City's legal department and Zack Matheny, or an attorney representing Zack Matheny, for the last 90 days.

Please provide all documentation and communications between anyone in the City's legal department and Marsh Prause, or any other attorney representing DGI for the last 90 days.

If any documentation and communications are deemed privileged, please provide a privilege log detailing the communications and documentation.
Information Request #, Subject, Date,
Requested, Requestor, Status, Business Weeks/Days Open

4602 Zack Matheny and Sam Simpson 5/14/2015
Billy Jones Staff compiling records. 1 week 3 days

4603 Zack Matheny and John Lomax 5/14/2015
Billy Jones Staff compiling records. 1 week 3 days

4604 Zack Matheny and Roy Carroll 5/14/2015
Billy Jones Staff compiling records. 1 week 3 days

4607 Zack Matheny DGI communications 5/15/2015
George Hartzman Staff compiling records. 1 week 2 days

4608 Mike Barber communications 5/15/2015
George Hartzman Staff compiling records. 1 week 2 days

4609 Nancy Vaughan Communications 5/15/2015
George Hartzman Staff compiling records. 1 week 2 days

4613 Email search for Jason Cannon 5/15/2015
Jeff Sykes Staff compiling records. 1 week 2 days

4623 Jim Melvin communications 5/20/2015
George Hartzman Staff compiling records. 4 days

4624 Roy Carroll Communications 5/20/2015
George Hartzman Staff compiling records. 4 days

4627 DGI 5/20/2015
George Hartzman Staff compiling records. 4 days

George Hartzman Staff compiling records. 4 days

4630 Triad First Capital 5/20/2015
George Hartzman Staff compiling records. 4 days

4631 Stan Kelly 5/20/2015
George Hartzman Staff compiling records. 4 days

4632 Greensboro Randolph Megasite 5/20/2015
 Alan Ferguson Staff compiling records. 4 days

4633 Sam Simpson 5/20/2015
George Hartzman Staff compiling records. 4 days

4635 John Hammer Communications 5/21/2015
George Hartzman   3 days

4642 David Powell 5/26/2015
George Hartzman   1 day

4643 Jim Westmoreland 5/26/2015
George Hartzman   1 day

4644 Nancy Vaughan, Zack Matheny and Mike Barber Facebook Messages 5/26/2015
 George Hartzman   1 day

4649 AON Consulting contract 5/27/2015
George Hartzman
"Any officer, department head or employee 
who has financial interest, direct or indirect, 
in any proposed contract with the city 
...or to a contractor supplying the city, 
shall make known that interest 
and shall refrain from voting upon 
or otherwise participating in the making of such contract or sale.

Any officer, department head, or employee 
who willfully conceals such a financial interest 
or willfully violates the requirements of this Section 
shall be guilty of malfeasance in office or position
and shall forfeit his office or position.

Zack Matheny should resign.

Violation of this Section 
with the knowledge expressed or implied 
of the person or corporation contracting with or making a sale to the city
shall render the contract void."

Sec. 4.131. - Conflict of interest: Greensboro Code of Ordinances, City Charter

Matheny should have ended all public comment
and any Council deliberations and votes
on his announcement of going after a position Zack helped create
by conspiring to get rid of Jason Cannon
and killing Cyndy Hayworth's chance at the job

by leaking information about her education credentials to the press.

North Carolina Bar association Client-Lawyer Relationship Rule 1.7 Conflict of Interest: Current Clients

"Rule 1.7 Conflict of Interest: Current Clients

(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:

(1) the representation of one client will be directly adverse to another client; or

(2) the representation of one or more clients may be materially limited by the lawyer's responsibilities to another client, a former client, or a third person, or by a personal interest of the lawyer.

(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:

(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;

(2) the representation is not prohibited by law;

(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and

(4) each affected client gives informed consent, confirmed in writing."
"Resolution of a conflict of interest problem under this Rule requires the lawyer to: 1) clearly identify the client or clients; 2) determine whether a conflict of interest exists; 3) decide whether the representation may be undertaken despite the existence of a conflict, i.e., whether the conflict is consentable; and 4) if so, consult with the clients affected under paragraph (a) and obtain their informed consent, confirmed in writing. The clients affected under paragraph (a) include both of the clients referred to in paragraph (a)(1) and the one or more clients whose representation might be materially limited under paragraph (a)(2).

[3] A conflict of interest may exist before representation is undertaken, in which event the representation must be declined, unless the lawyer obtains the informed consent of each client under the conditions of paragraph (b). To determine whether a conflict of interest exists, a lawyer should adopt reasonable procedures, appropriate for the size and type of firm and practice, to determine in both litigation and non-litigation matters the persons and issues involved. See also Comment to Rule 5.1. Ignorance caused by a failure to institute such procedures will not excuse a lawyer's violation of this Rule. As to whether a client-lawyer relationship exists or, having once been established, is continuing, see Comment to Rule 1.3 and Scope.

[4] If a conflict arises after representation has been undertaken, the lawyer ordinarily must withdraw from the representation, unless the lawyer has obtained the informed consent of the client under the conditions of paragraph (b). See Rule 1.16. Where more than one client is involved, whether the lawyer may continue to represent any of the clients is determined both by the lawyer's ability to comply with duties owed to the former client and by the lawyer's ability to represent adequately the remaining client or clients, given the lawyer's duties to the former client. See Rule 1.9. See also Comments [5] and [29] to this Rule.

[8] Even where there is no direct adverseness, a conflict of interest exists if a lawyer's ability to consider, recommend or carry out an appropriate course of action for the client may be materially limited as a result of the lawyer's other responsibilities or interests. For example, a lawyer asked to represent a seller of commercial real estate, a real estate developer and a commercial lender is likely to be materially limited in the lawyer's ability to recommend or advocate all possible positions that each might take because of the lawyer's duty of loyalty to the others. The conflict in effect forecloses alternatives that would otherwise be available to the client. The mere possibility of subsequent harm does not itself preclude the representation or require disclosure and consent. The critical questions are the likelihood that a difference in interests will eventuate and, if it does, whether it will materially interfere with the lawyer's independent professional judgment in considering alternatives or foreclose courses of action that reasonably should be pursued on behalf of the client.

Tuesday, May 26, 2015

Keith Brown Tuggle Duggins & Meschan, P.A. Flash Back on Developer Dollars: How Campaign Contributions Overpower Growth Management Efforts in North Carolina

Big money in politics corrupts the process by which our laws get made. Major contributors are able to have a disproportionate impact on the outcome of elections, such that few reform-minded individuals win office. Too often, this means some of the state’s most pressing environmental problems, like the state’s disappearing open spaces and its increasing air pollution, don’t get solved.
The North Carolina General Assembly’s failure thus far in taking even small steps toward stopping sprawling development provides a clear example of how big money in politics can thwart popular reforms that would protect the state’s environment and public health.

North Carolina loses over 400 acres of forest and farmland every day—the fifth fastest rate in the country. This in turn leads to degraded environmental conditions. Smog pollution triggers 240,000 asthma attacks across the state each year. Pavement covering the soil that once filtered our water causes two-thirds of North Carolina’s water pollution. These problems are all results of the runaway, unplanned development known as sprawl.

The public overwhelmingly supports solutions to these problems. In many polls, North Carolinians have expressed a readiness to change the rules for growth to protect the state’s natural heritage.

Individuals and industries that profit from sprawl development—developers, realtor's, and construction companies—feel differently. They have invested vast sums of money in political campaigns, at least in part to guard against land-use reform.Locally they are known as the TREBIC CARTEL These campaign contributions from pro-sprawl interests totaled nearly $8 million in the 2000 election cycle to North Carolina legislative and statewide candidates.
Campaign contributions from pro-sprawl interests included the following during the 2000 election cycle:

$5 million from builders, contractors and developers.
$3 million from the real estate industry.
$400,000 from real estate and construction PACs.
$461,000 from the top three donors: $217,000 from the Shelton Companies of Charlotte; $132,000 from the Wilmington-based network of John Elmore, Henry E. Miller and Lionel Yow; and $112,000 from attorney, developer, and new Board of Transportation member Lanny Wilson, also from Wilmington.

In the 2001-2002 legislative session, champions of land-use reform put forward several proposals to begin to curb sprawl. Recognizing the financial clout of the developers, they kept their reforms modest. Yet anti-reform legislators supported by developers and Realtors have pushed aside even these modest measures, in most cases not even allowing debate on proposals.
Land-use reforms should be debated on a level playing field. For this to happen, public officials must better reflect the opinions and diversity of the citizens of the state.

Public financing of elections would help to create a level playing field. In such a system, any candidate who has amassed the support of enough individual voters can be within striking distance of winning an election for state office. Once they qualify, candidates use public money for their campaigns, not money from special interests. Land-use reforms should be debated on a level playing field.

An effective public financing system must contain three key elements:

Local fundraising requirements to ensure that candidates serve their constituents rather than out-of-district wealthy special interests.

A qualification requirement of a large number of contributions at a level that ordinary citizens can afford.

Matching funds to help publicly-financed candidates running against candidates funded by large amounts of private money.

Developer Dollars: How Campaign Contributions Overpower Growth Management Efforts in North Carolina - Environment North Carolina


Environment North Carolina CLICK HERE had this report that should be a wake up call to the citizens of all of Guilford County where as stated in the actual report, "The disproportionate influence of pro-sprawl interest over who gets elected to office is a clear barrier to the enactment of land-use interest ." If you want to see the whole report CLICK HERE

Also, all you have to do is go to the Greensboro City web site CLICK HERE then go to the citizen advisory team member area and see the list people who are in charge of the Land Development Ordinance Committee for the City of Greensboro,

Here they are,
Gary Rogers with Starmount Company,
Trip Brown with Brown Investment,
Keith Price with Samet Companies,
James Cox with Mid-City Urban,
Jessica Marlies with Brooks Pierce Law Firm,
Mike Fox with Tuggles Duggins Law Firm,
Dick Franks with Koury Corp.,
Gary Hill with McAlphine Company,
Gary Wolf with SparrowWolf Law Firm,
Mary Skenes with Yost and Little.

So 10 out of 14 are TREBIC members or close allies with TREBIC for the Land Development Ordinance Citizen Advisory Team. TREBIC CARTEL is the Triad Real Estate and Building Industry Coalition.

Note to David Wharton are the lawyers also members of the TREBIC ?


Silver Members of TREBIC CARTEL:
Brooks, Pierce, McLendon, Humphrey & Leonard, LLP
Sparrow Wolf & Dennis, P.A.
Tuggle Duggins & Meschan, P.A.
It is like the fox guarding the hen house.

As said by local Lawyer Reid Phillips ,boards get packed with TREBIC all the time especially in Greensboro where as Mike Barber said at a Greensboro City Council meeting on April 1st 2008 "TREBIC has been contacted and TREBIC has some interest".

To add another bone to this issue in that last Monday night August 4, 2008 Greensboro City Council Member Mike Barber made a appointment to the zoning board who is also his campaign treasurer and also a TREBIC CARTEL member in Mary Skenes.

Enough is enough

John "Roy Carroll" Hammer isn't actually covering Jim Melvin and David Powell's Megasite project?

Last paragraph of a City Council story on the Hobbs/Friendly Rezoning entitled "Hobbs Friendly Compromise Convinces Council Majority" on May 21, 2015;

"The City Council also voted 7 to 2 to approve a $2.3 million contract with HDR Engineering Inc. to complete the engineering design for the extension of water and sewer lines south along US 421 to the Randolph County megasite.  Abuzuaiter and Wilkins voted against the motion."
In the middle of "Five Mayors Talk About Greensboro" by JOHN HAMMER on May 14, 2015;

"Melvin ...said...the bridge to expand the land at the airport available for development is underway; and the megasite he is working on in Randolph County is moving along.

And in Rhino Shorts; "Melvin was first mayor in 1971, which was 44 years ago, and he is still active in the community, working hard on the proposed megasite that’s a long run for anyone."
Near the end of a story on November 20, 2014 entitled "Mayor Says Greensboro’s Glass Is Filling Up", written by Greensboro Mayor Nancy Vaughan;

"We are focused on east Greensboro development, increasing wage growth, retaining our emerging young professionals and improving our infrastructure.  We are working with neighboring counties to locate a megasite to make us competitive in the southeastern region."
My guess is Roy Carroll has something to gain from the $22.5 million water and sewer infrastructure on its way to Randolph County.

My guess is Roy Carroll is close to the Piedmont Triad Partnership David Powell "investigation", which hasn't started yet, as The Rhino Times has only mentioned it once, in the same way they have covered the Megasite project.
Mayor Betting On GGCHPREDCA For Jobs, by JOHN HAMMER on May 7, 2015;

"The agreement of the three government entities is that they will each put $300,000 a year into the pot for this new regional economic development organization.  Maybe it will work out as well as the Piedmont Triad Partnership, which had limited success.  (That’s a kind way of saying it’s hard to point to any successful ventures spawned by the Partnership, while its former CEO David Powell is being investigated for financial improprieties.)"
John Hammer isn't a journalist.

John Hammer does Roy Carroll's bidding.

John Hammer sold his soul to a fascist.

Saturday, May 23, 2015

Updated, Updated; On Marsh Prause, Nancy Vaughan, Jim Westmoreland, Jeff Phillips, Marty Lawing and DGI's meeting to hire City Councilman Zack Matheny

and after Greensboro Mayor Nancy Vaughan
a Matheny business partner and campaign contributor/crony
to DGI's board before a vote to hire Matheny,
it is my understanding that at the meeting to hire Matheny
attorney Marsh Prouse suggested DGI wait for a commitment
from Greensboro's City Council and Guilford County
that DGI would be funded before announcing Zack's employment, 
making the job dependent upon taxpayer money
for a sitting, elect official who has voted for the funding
of the organization, and serves as City Council's DGI Liaison.

Zack Matheny, Nancy Vaughan and Mike Barber
put their own interests of power, income and reelection 
in front of the best interests of City of Greensboro taxpayers,
and the News and Record and the Rhino Times won't report it.

Matheny should have ended all public comment
and any Council deliberations and votes
on his announcement of going after a position Zack helped create
by getting rid of Jason Cannon
and killing Cyndy Hayworth's chance at the job
by leaking information about her education credentials to the press
and the News and Record and the Rhino Times won't report it.

an acting Greensboro Councilman and DGI's Liaison
doesn't have a conflict of interest in applying for the job,
which includes Vaughan, Phillips, Lawing and Westmoreland.

Nancy Vaughan was supposedly in the room as a DGI board member, 
along with Nick Piornack, who is Nancy Hoffmann's business partner,
Mark Prince of Guilford's Merchants Association,
Brian Wise, General Counsel and VP of Finance
for Roy" Carroll Companies
Guilford County Manager Marty Lawing,
Guilford County Commissioner Jeff Phillips
and City of Greensboro Manager Jim Westmoreland.
§ 14-234. Public officers or employees benefiting from public contracts; 

(a)       (1)        No public officer or employee who is involved in making or administering a contract on behalf of a public agency may derive a direct benefit from the contract

3)        No public officer or employee may solicit or receive any gift, favor, reward, service, or promise of reward, including a promise of future employment, in exchange for recommending, influencing, or attempting to influence the award of a contract by the public agency he or she serves.

(4)        A public officer or employee derives a direct benefit from a contract if the person ...(ii) derives any income or commission directly from the contract...

(f)        A contract entered into in violation of this section is void.

Neither Barber or Matheny withdrew 
"from any consideration of the matter"
while currently serving on City Council
and the News and Record and the Rhino Times won't report it.

Greensboro Council member Mike Barber has an indirect financial interest
in Zack's DGI employment,as they are located in the same district 
in Trudy Wade's redistricting plan, 
and that Matheny voted for funding a golf course, 
in which Mike Barber recused himself
which Barber profits from local taxpayers with
with the help of Jim Melvin and the Bryan Foundation
and the News and Record and the Rhino Times won't report it.
§ 14-118.4. Extortion

Any person who threatens or communicates a threat or threats to another with the intention thereby wrongfully to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and such person shall be punished as a Class F felon.

Zack Matheny has a direct financial interest
in applying for a job he voted to fund,
and now DGI's Board wants to wait for guaranteed funding
from Phillips, Vaughan, Westmoreland and Lawing
before hiring Matheny with everyone else's money
a few months before an election?

If political corruption is the use of powers by government officials
for illegitimate private gain,
how is this not political corruption?

If Guilford County is funding DGI, 
and Phillips and Lawing are allowing DGI's board
 to dictate the hiring of a sitting City Councilman
based on a guarantee of funding provided by Guilford County, 
Phillips and Lawing may have a problem,
as they will be directly responsible 
for the hiring of an elected official 
with Guilford County's tax monies
which they will have promised as long as Zack gets the job.

Zack and Mike Barber lobbying for Matheny's DGI job
while involved in deliberations concerning the organization's funding, 
is an abuse of their positions
and the News and Record and the Rhino Times won't report it.

As public officials,
Westmoreland, Vaughan, Phillips and Lawing
are responsible, if not accessories at this point
in one of our community's biggest episodes of political corruption
ignored by the News and Record and the Rhino Times,
who's Brian Wise should have been in the room
if John Hammer had anything to do with it.

to advocate via extortion for taxpayer monies to be allocated 
to a fellow council member
positioned to compete for the same council spot
under Trudy Wade's redistricting plan.

The selection process has been compromised
by the selection committee and DGI's board
which includes Lawing, Phillips, Westmoreland and Vaughan.

for trying to extort the DGI job for Zack Matheny
out of Cyndi Hayworth,
after Zack leaked Hayworth's lack of education credentials,
leaving her ineligible for the job
after Zack helped get Jason Cannon fired to get the same job
and the News and Record and the Rhino Times won't report it.

Marsh Prause is connected to Greensboro's elite
who run Downtown Greensboro
and is in the business of extracting taxpayer dollars for clients
like DGI;

"Marsh is active in the civic affairs in the City of Greensboro, including appointments by elected representatives and foundations to boards, commissions, and task forces involved with major projects and initiatives such as the Downtown Greenway, the Greensboro Performing Arts Center (Tanger Center), the proposed merger of the City and County planning boards, the City’s bicentennial celebration, and the revision of land development, zoning, and other ordinances.  He is a board member for several local non-profits.

If Guilford County funds DGI at this point, 
commissioners will be approving the actions of Greensboro's City Council, 

which includes extortion, cronyism, nepotism and abuse of office.

...since 2007, he has chaired the board of an active historic preservation revolving fund that promotes preservation as a form of economic development by facilitating transactions that leverage state and federal preservation tax credits to enable the restoration and adaptive reuse of historically and architecturally significant properties. In January of 2015, Marsh was appointed to the Board of Directors of Downtown Greensboro Incorporated, the primary economic development organization for Greensboro’s center city area."
Zack Matheny should resign

Zack Matheny violates the City Charter and his oath of office etc..., again, by discussing "Economic Development" in Greensboro's budget, while a candidate for DGI's top job

In blow to Mayor Nancy Vaughan and Zack Matheny, John Lomax found to be ineligable to join board
A few supporters for Robbie Perkins for Mayor

...Nancy and Trip Brown, Chester Brown, III, Roy Carroll, Shirley Frye, Ross Harris, Kathy Manning and Randall Kaplan, Marsh Prause, Sara Lee and Paul Saperstein - The parents of Greensboro's lobbyist and Mac Sims.
Greensboro Downtown Economic Development Strategy Project Committee, Community Stakeholders and Adisory Group;

Roy Carroll, Aprill Harris, Ed Kitchen, Mac Sims, Dawn Chaney, Willie Hammer, Robin Saul, Susan Schwartz, Frank Auman Jr., Chester Brown, Seth Coker, Betty Cone, Milton Kern, Jim Melvin, Skip Moore, Jeff Nimmer, Marsh Prause, Dabny Sanders, Walker Sanders, Rich Wittington
"The new board includes Mark Gibb of Gibb’s Hundred Brewing, downtown resident Paula Pierce, small-property owner Marsh Prause, small-property owner James “Smitty” Smith, Lotus club owner Paul Talley and Brian Wise of the Carroll Companies."

It is difficult to get a man to understand something
when his salary depends on his not understanding it.

Upton Sinclair

It appears some closet fascists seek to organize Greensboro's economic control according to Roy Carroll's corporatist perspectives, values, and systems, including Greensboro's political system.

Zack Matheny has presented himself as a solution to the perceived benefits of his favor, to the cronies who control downtown Greensboro, by advocating and taking advantage of government controlled taxpayer capital allocations to himself, and through himself enabled by at least Nancy Vaughan and Mike Barber, to DGI's board members, who will return the favors with continued financial and political support for at least Zack, Nancy and Mike.

Fascism is a form of political behavior marked by obsessive preoccupation with collaboration with traditional elites, which abandons democratic/capitalistic liberties, with the help of corporate media, which in this case is the News and Record and the Rhino Times.

If you choose not to know something,
especially if that something is something you should know,
you are morally blameworthy.

Robert P. Lawry
Director of the Center for Professional Ethics

"...Built in 1895, the Cascade Saloon at 408 and 410 S. Elm Street is one of the oldest buildings in the city. 

The City of Greensboro used eminent domain to take over the Cascade Saloon earlier this year and has since debated what to do with the building.

...Preservation Greensboro offered to take ownership of the building in order to stabilize and restore it, but asked the city for $175,000 to help subsidize the costs associated with renovating the nearly 4,000 square foot, two-story structure.

Marsh Prause represented Preservation Greensboro for the agreement, and made the case for the transfer of ownership.

“We’re offering to take this problem on for you,” said Prause.

“It has negative value. We’re asking you to offset some of the liability and risk we are willing to take on for you.”

Even though the city would have to use taxpayer funds to hand over the building, the simple math of the cost difference made the choice clear for councilman Zack Matheny.

“We were going to spend the money no matter what,” said Matheny.

...“Once it is fixed up it has the potential to be an icon,” said Prause. “It could stand out more than any building downtown.”

...In a situation with only three options – tear down the historic building for $600,000, let someone else restore it into a operating business for $175,000, or do nothing and risk the liability of the nearly 120-year-old structure caving in on itself – the choice was clear to Vaughan.

“To me it is just a no brainer,” said Vaughan. The council will pass the ownership of Cascade Saloon, but will not pay out the $175,000 to Preservation Greensboro until the organization provides more transparency as to who the donors are, and what they plan on doing with the structure..."
"Downtown Greensboro Inc. got two new board members this week

The Greensboro City Council’s appointment of high-profile downtown developers John Lomax and Andy Zimmerman could mean the embattled nonprofit agency may escape the cut in city funding that it has been threatened with this budget season.

“You could assume that,” said Mayor Nancy Vaughan, who appointed the two men at Tuesday’s City Council meeting.

Meaning Nancy Vaughan appears to have made a deal,
to garner political support for her reelection from DGI's Board, 
in exchange for funding the organization
and getting Zack Matheny, Roy Carroll's pick,
hired as the new president while Roy's attorney serves and votes on the Board,
which helps Nancy Hoffmann, Mike Barber, Nancy Vaughan
Marikay Abuzuaiter and Zack Matheny
by eliminating one contender
from Trudy Wade's fourth district. 

As mayor, Vaughan is a member of the board of DGI, which promotes downtown Greensboro using money from a special business improvement district tax on downtown property owners.

If John Lomax attended the closed session, 
even though he was not allowed to join the board,
and the meeting concerned a personnel decision,
how is it not a violation of employment confidentiality statutes? 

City Council members have been discussing taking away DGI’s funding altogether in the past few weeks, even as Councilman Zack Matheny applied to be the group’s next chief executive officer.

Nancy Vaughan openly tried to appoint John Lomax,
a Matheny business partner and financial contributor
to DGI's Board without the News and Record or the Rhino Times
reporting the information to the public.

Cyndy Hayworth, the group’s interim CEO, charged last month that she was threatened with a budget cut if Matheny wasn’t chosen as DGI’s next leader. Matheny and Councilman Mike Barber, whom Hayworth accused of making the threat, both deny giving any ultimatums."