Friday, May 22, 2015

Zack Matheny should resign

5/21/2013; "Inside Scoop: Matheny not looking for DGI job

Folks have been asking for a couple of weeks now whether Downtown Greensboro Inc. will be getting a well-known new leader, to replace out-going President Ed Wolverton.

If you've heard the name Zack Matheny, he said there is no truth to that.


"I would love to have it," Matheny said. "Nobody has asked me to do it and I know better than to apply for it because I don’t want to taint something is going in a good direction."

Matheny is one of the council members that has been working closely with the DGI board for a few months."

http://www.news-record.com/blogs/killian_lehmert_the_inside_scoop/article_541eeb14-c255-11e2-bb52-0019bb30f31a.html

DGI wasn't going in a good direction.

2/19/2015; "Matheny to seek top job at Downtown Greensboro Inc."

Greensboro City Councilman Zack Matheny wants to lead Downtown Greensboro Inc.
Matheny, now council liaison to the downtown advocacy group, said Thursday that he will apply to be its next president and CEO.

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.

...Matheny said he doesn't see a conflict between being a sitting council member and DGI president, should he both get the job and decide to run again.

Extortion; Favoritism and Crony Capitalism

"The city funds DGI, but it's less than 1 percent of our budget," Matheny said. "I don't see a problem, but I guess it's still to be determined.

If he gets the DGI job,
no way in the world should Matheny be on the council as well.

It would be an obvious and blatant conflict of interest.

Allen Johnson

"I've been questioning where the organization is going," Matheny said"

http://www.news-record.com/business/matheny-to-seek-top-job-at-downtown-greensboro-inc/article_28bc7a80-b89a-11e4-a38a-9fab539800d4.html

Questioning the organization while going after the job
Matheny voted to fund
as he worked against Jason Cannon
is a violation of the City charter, Zack's oath of office
and the City's Conflict of Interest Policy

4/22/2015;  "Matheny, who still hopes to be named the group’s next CEO, said he would like to see the city continue to fund DGI.

“I think it’s a viable organization, it just needs proper leadership and direction,” he said. “I don’t think there’s any question there’s a problem there. I just hope it can be fixed.”


http://www.news-record.com/news/government/greensboro-council-considering-cutting-funding-to-dgi/article_8db07938-e896-11e4-8131-cf56b63494ec.html

Continuing comment and deliberations
after publicly announcing going after the job
is a violation of the City charter, 
Zack's oath of office
and the City's Conflict of Interest Policy.

By not acting on the conflict of interest,
the rest of City Council is at fault
for not policing their own.


Zack Matheny put his own interests 
in front of the best interests of City of Greensboro taxpayers.

DGI's purpose is "economic development growth",
as a sitting member of Council
in violation of the City's Conflict of Interest Policy etc...

Zack Matheny has a direct financial interest
in applying for a job he voted to fund
and then abused his position 
by commenting and lobbying other Council Members
on the continued funding of the job he wants.


Greensboro's Charter says City Council Members 
must be honest, impartial, fair and responsible, 
and Zack Matheny wasn't.

North Carolina State Statutes

Matheny didn't withdraw 
"from any consideration of the matter"
while serving on City Council.


Greensboro’s Ethics Code says 
that if there is an actual or possible financial interest, 
a Council Member is supposed to publicly disclose on the record of council, 
and the remaining Council members 
are supposed to decide if a conflict of interest exists, 
which hasn't happened yet in the case of Mike Barber and Zack Matheny.

Mayor Nancy Vaughan and Jim Westmoreland
are directly responsible as DGI Board members. 
.
.
"Mayor and Council:

...What must be considered is if a conflict of interest exists either under N.C.G.S. §§160A-75 or 14-234, or the City of Greensboro’s Charter, or the City’s Conflict of Interest Policy. ...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, family member or partner...

Mujeeb

S. Mujeeb Shah-Khan
CITY ATTORNEY
OFFICE OF THE CITY ATTORNEY

Zack Matheny should resign

"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...

In all other cases, a failure to vote by a member who is physically present in the council chamber, or who has withdrawn without being excused by a majority vote of the remaining members present, shall be recorded as an affirmative vote..."

§ 160A‑75. Voting.

Zack Matheny should resign

"Any officer, department head or employee who has financial interest, direct or indirect, in any proposed contract with the city or in a proposed sale of any land, material, supplies, or services to 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.

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

Zack Matheny should resign

the "Ethical Responsibilities of the Governing Body of the City of Greensboro", passed on February 19, 1993 states; "The Mayor or any member of the City Council who has a financial interest, direct or indirect, in any official act or action before the Council shall, …disclose such interest and all material facts with respect there to the City Manager and City Attorney. In addition, he/she shall publicly disclose on the record of the Council the nature and extent of such interest, including the full disclosure of all such material facts, and shall withdraw from any consideration of the matter pursuant to sec. 4.131 of the City Charter."

Zack Matheny should resign

And as Sec. 4.131. - "Conflict of interest: Greensboro Code of Ordinances" states; "Any officer, department head or employee who has financial interest, direct or indirect, in any proposed contract with the city … shall make known that interest and shall refrain from voting upon or otherwise participating in the making of such contract…”,

...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

Zack Matheny should resign

And as § 138A‑36 states; "Public servant participation in official actions ...no 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.

...A public servant shall take appropriate steps, ...to remove himself or herself to the extent necessary, to protect the public interest...from any proceeding in which the public servant's impartiality might reasonably be questioned due to the public servant's familial, personal, or financial relationship with a participant in the proceeding."

Zack Matheny should resign

How Greensboro's City Council shafted the City's employees with Zack Matheny's help

http://greensboroperformingarts.blogspot.com/2015/04/how-greensboros-city-council-shafted.html

Coucilman Zack Matheny lying to George Hartzman and Greensboro's employees (at end)

http://greensboroperformingarts.blogspot.com/2015/03/coucilman-zack-matheny-lying-to-george.html

Zack Matheny should resign