Tuesday, May 19, 2015

On Zack, Mike, Nancy Vaughan and Jim Westmoreland; § 14-234. Public officers or employees benefiting from public contracts; exceptions.

(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 except as provided in this section, or as otherwise allowed by law.

Zack Matheny.

(2)        A public officer or employee who will derive a direct benefit from a contract with the public agency he or she serves, but who is not involved in making or administering the contract, shall not attempt to influence any other person who is involved in making or administering the contract.


Zack Matheny.

(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.


Mike Barber.

(a1)      For purposes of this section:
(1)        As used in this section, the term "public officer" means an individual who is elected or appointed to serve or represent a public agency, other than an employee or independent contractor of a public agency.


Zack Matheny, Mike Barber, Nancy Vaughan
and Jim Westmoreland.

(2)        A public officer or employee is involved in administering a contract if he or she oversees the performance of the contract or has authority to make decisions regarding the contract or to interpret the contract.

Zack Matheny, Mike Barber, Nancy Vaughan
and Jim Westmoreland.

(3)        A public officer or employee is involved in making a contract if he or she participates in the development of specifications or terms or in the preparation or award of the contract.


Zack Matheny, Mike Barber, Nancy Vaughan
and Jim Westmoreland.

A public officer is also involved in making a contract if the board, commission, or other body of which he or she is a member takes action on the contract, whether or not the public officer actually participates in that action, unless the contract is approved under an exception to this section under which the public officer is allowed to benefit and is prohibited from voting.


Zack Matheny, Mike Barber and Nancy Vaughan.

(4)        A public officer or employee derives a direct benefit from a contract if the person or his or her spouse: (i) has more than a ten percent (10%) ownership or other interest in an entity that is a party to the contract; (ii) derives any income or commission directly from the contract; or (iii) acquires property under the contract.

Zack Matheny

(5)        A public officer or employee is not involved in making or administering a contract solely because of the performance of ministerial duties related to the contract.

Ministerial describes an act or a function 
that conforms to an instruction or a prescribed procedure. 

It connotes obedience. 

A ministerial act or duty is a function 
performed without the use of judgment 
by the person performing the act or duty.


...(d1)     Subdivision (a)(1) of this section does not apply to (i) any elected official or person appointed to fill an elective office of a village, town, or city having a population of no more than 15,000 according to the most recent official federal census,

Meaning it applies to Zack Matheny, Mike Barber and Nancy Vaughan.

(e)        Anyone violating this section shall be guilty of a Class 1 misdemeanor.

Zack Matheny and Mike Barber.

(f)        A contract entered into in violation of this section is void. A contract that is void under this section may continue in effect until an alternative can be arranged when: (i) immediate termination would result in harm to the public health or welfare, and (ii) the continuation is approved as provided in this subsection. A public agency that is a party to the contract may request approval to continue contracts under this subsection as follows:

[Robbie] Perkins said ...“The way I see it, you’re down to two options: 
hire Zack (Matheny) and move on 
or shut it down and bring it all in house.”

He added, “I would be in favor of that hire myself.”

John 'Roy Carroll's Mouthpiece' Hammer
quoting Roy Carroll's crony real estate agent

(1)        Local governments, as defined in G.S. 159-7(15), public authorities, as defined in G.S. 159-7(10), local school administrative units, and community colleges may request approval from the chair of the Local Government Commission.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-234.html.
.
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Zack Matheny should resign

http://greensboroperformingarts.blogspot.com/2015/05/zack-matheny-should-resign.html

Did Zack Methany Set Out To Take Jason Cannon's Job?

http://greensboroperformingarts.blogspot.com/2015/05/did-zack-methany-set-out-to-take-jason.html

Andrew Egbert, buddies with Mike Barber and Marty Kotis on Linkedin, shilling for Zack Matheny getting the DGI job

http://greensboroperformingarts.blogspot.com/2015/05/andrew-egbert-buddies-with-mike-barber.html


Vaughan said that finding out that Greensboro
is on the top of the food insecurity list 
and that “We did not sweep it under the rug” 
was her proudest achievement.


John Hammer

Joe Killian, who won't/can't help City employees; "Greensboro council grills DGI over performance"

http://greensboroperformingarts.blogspot.com/2015/04/joe-killian-who-wontcant-help-city.html

Leone Files Complaint In Barber Hayworth Case

http://greensboroperformingarts.blogspot.com/2015/04/leone-files-complaint-in-barber.html

Downtown Greensboro Inc. Board of Directors 2015 and commentary

http://greensboroperformingarts.blogspot.com/2015/04/downtown-greensboro-inc-board-of.html

Dear Mike Barber and Zack Matheny; North Carolina Law § 14-118.4. Extortion; Favoritism and Crony Capitalism

http://greensboroperformingarts.blogspot.com/2015/04/dear-mike-barber-and-zack-matheny-north.html

Goodbye Mike Barber and Zack Matheny; "Greensboro group pressured to hire new CEO"

http://greensboroperformingarts.blogspot.com/2015/04/goodbye-mike-barber-and-zack-matheny.html

DGI, Mike Barber and Zack Matheny; "Extortion"

http://greensboroperformingarts.blogspot.com/2015/04/dgi-mike-barber-and-zack-matheny.html

Councilmen Barber And Matheny Accused Of Conspiracy

http://greensboroperformingarts.blogspot.com/2015/04/councilmen-barber-and-matheny-accused.html