Records must be open

By The Richmond County Daily Journal Editorial Board
Wednesday, December 19, 2007 9:09 PM EST

Anyone who thinks public servants’ employee records should be kept secret just needs to look west to Charlotte. What’s happening there with its sheriff’s race could happen here in Richmond County or anywhere in North Carolina under current law.



Nick Mackey was elected sheriff by Mecklenburg Democratic Party members. He was voted into office over the acting Sheriff Chipp Bailey. The whole reason for the election is that Democrat Jim Pendergraph left for another position. Mackey was voted to complete the remaining three years of Pendergraph’s term.

Mackey won the race fair and square with around 300 Democrats choosing him over Bailey. It would seem simple enough, but in politics few things are normal. There are racial accusations — Mackey is black and Bailey is white — and there are a lot of questions about the precinct voting system.

Despite questions about Mackey’s service while in law enforcement, he won. Some people may be calling it sour grapes, but it illustrates an important problem in our Open Records Act.

Mackey’s personnel records while a Charlotte-Mecklenburg police sergeant aren’t public. The only person who can make them public is Mackey. He didn’t. So, the Charlotte Observer asked a judge to open the file.


The newspaper reported a judge concluded the file could be helpful, but it didn’t meet the “administration of justice” standard in the law.

It’s sad the law prevented access to Mackey’s records. His opponent Bailey released his records.

Voters should be able to review a candidate’s public service records. In this case, both candidates were vying for the position of sheriff. Their law enforcement work record is very relevant to voters. His work performance speaks to his ability to perform the duties of sheriff.

During a recent statement, Mackey again reiterated he would not release his personnel records.

“For those who still demand that I release my personnel files to the public, I simply say that I believe strongly that there are important distinctions between personal, confidential matters and public matters,” Mackey said.

“I continue to believe the principle that one who seeks or serves in public office should not be required to make public what is private in the absence of compelling reasons to do otherwise.”

Mackey continued to say that media or public curiosity didn’t rise to that level.

Mackey may not want to step up and put everything on the table, but state lawmakers should see this as a shining example of why public employee’s personnel records should be public.

Whether it’s a school teacher or a law enforcement officer seeking public office, the public has a right to know about the work performance and any investigations or reprimands which may appear in the personnel file.

Mackey seems to be of the mindset that it is best swept under the rug and out of the daylight. North Carolina’s real leaders need to step up and prove that all business — including personnel records can be out in the open.

N.C. Budget Remains in Good Shape While Other States Slide

By ANDREW WELSH-HUGGINS
Associated Press Writer

Posted: Dec. 18, 2007

Three independent reviews of state finances have reached the same troubling conclusion: budget shortfalls and spending cuts are coming.

Nearly half the states are predicting budget shortfalls in the next two years, with 13 saying they could face a deficit for the fiscal year that begins July 1 in most places. Among the states predicting problems are California, Florida and New York.

The deficits could reach at least $23 billion, according to an analysis by the Center on Budget and Policy Priorities released Tuesday.

"We're really teetering on the edge," said Iris Lav, the center's deputy director. "With the deficits this large already before there's actual evidence we're in a recession, that seems quite serious."

But North Carolina's fiscal picture remains bright, at least for now. State government revenue collections were $120 million above budgeted projections for the first five months of the fiscal year through Nov. 30, according to Gov. Mike Easley's office.

While tax revenues from the holiday shopping season through April 15 are uncertain, "We expect, if trends continue during the year, to be in good financial shape," said Easley budget adviser Dan Gerlach.

The report mirrors findings earlier this month in two other surveys, one by the National Conference of State Legislatures and the other from the country's governors and state budget officers.

The report by the National Governors' Association found that states already are spending less in the current budget year than in fiscal 2007, with leaders in a few states talking about tapping their rainy day funds to address budget shortfalls.

NCSL found that states' revenue growth is slowing and several states have either lowered their predictions for revenue or cut spending.

The wild card is whether the country enters a recession.

"We're at the early stages of some pretty serious problems and whether or not those get worse depends on what happens with the national economy," said Corina Eckl, NCSL's fiscal program director.

The policy center's review of states found:

Ten states are projecting deficits next year and another three are predicting shortfalls in revenue that could lead to budget deficits.
Eleven states say they are likely to see holes open in their budgets next year, or in the financial year beginning July 1, 2009, including Alabama, Ohio and Texas.
Fourteen of the states facing shortfalls have structural deficits, meaning revenue regularly grows more slowly than the cost of providing services. These include Illinois, Missouri and Virginia.
The report also suggests states' rainy day funds are too small. Total state balances declined to 9.6 percent of overall budgets by June 30 and are projected to decline to 6.7 percent by next year.

The policy center said a rainy day fund of 15 percent of annual spending is preferred.

"This decline is another indication of the extent to which states have used one-time resources to balance their budgets in good fiscal times," the report said. "It also leaves many states ill-prepared to face an economic slowdown."

All three reports say the crisis in the housing market is a major culprit, as weak sales reduce tax revenue from the purchase of big-ticket items like furniture, appliances and construction material.

In Arizona, lawmakers are wrestling with a deficit that could reach $1.7 billion by next year. The housing crisis is to blame, as are health-care and education programs whose spending requirements are out of lawmakers' hands.

"We've got a budget that's on automatic pilot," Senate Appropriations Chairman Bob Burns, a Republican, said Tuesday. "We have a number of formulas that are in place that drive the spending."

Gerlach said North Carolina is in better shape because lawmakers projected conservative revenue growth and housing declines haven't been as sharp.

"The underlying economy is still strong," said Gerlach, pointing out that estimated sales tax revenues and income tax withholdings are still above forecasted levels.

Merry Christmas from Mike Huckabee

Secure Borders

Another great ad from a great american who still believes in that are best days are still yet to come! Support Mike Huckabee in 2008!!!!

A Better America

I hope all of you will enjoy this ad by Mike Huckabee and take a look at his website and support him for president in 2008. He is the only conservative out there who is looking out for the working class. I urge you to support Mike and help him in anyway you can,thank you! www.mikehuckabee.com

Graham Standing Up for North Carolina

I hope that you will take away from this video the message that we truely can make a difference by standing up and working hard together to bring about change. Please visit Bill Graham's website at www.westandwithgraham.com

Lee Greenwood Song for Fred Smith

Listen to this great song for a man who is truely fighting hard for whats right not for him self but whats right for North Carolina. check out his website at wwww.joinfred.com. Thank you for all of your support!

The Best of Mike Huckabee

News Release: Mike Huckabee Unveils New Nine-Point Immigration Enforcement and Border Security Plan

Little Rock, AR – Former Arkansas Governor and Presidential Candidate Mike Huckabee is releasing “The Secure America Plan: A Nine-Point Strategy for Immigration Enforcement and Border Security,” it was announced today.

Huckabee said he believes in adopting the best policy ideas to provide a “tough, equitable and comprehensive approach” to dealing with the current immigration crisis.

The text of the plan is provided below:

The Secure America Plan: A Nine-Point Strategy for Immigration Enforcement and Border Security

Overview: Implement a broad-based strategy that commits the resources of the federal government to the enforcement of our immigration laws and results in the attrition of the illegal immigrant population.

Build the Fence

Ensure that an interlocking surveillance camera system is installed along the border by July 1, 2010.
Ensure that the border fence construction is completed by July 1, 2010.

Increase Border Patrol

Increase the number of border patrol agents.
Fully support all law enforcement personnel tasked with enforcing immigration law.

Prevent Amnesty

Policies that promote or tolerate amnesty will be rejected.
Propose to provide all illegal immigrants a 120-day window to register with the Citizenship and Immigration Services and leave the country. Those who register and return to their home country will face no penalty if they later apply to immigrate or visit; those who do not return home will be, when caught, barred from future reentry for a period of 10 years.

Enforce the Law on Employers

Employment is the chief draw for most illegal immigrants and denying them jobs is the centerpiece of an attrition strategy.
Impose steep fines and penalties on employers that violate the law.
Institute a universal, mandatory citizenship verification system as part of the normal hiring process.
Prevent the IRS and the Social Security Administration from accepting fraudulent Social Security numbers or numbers that don't match the employees' names.*


5. Establish an Economic Border

Move toward passage of the FairTax.
The FairTax provides an extra layer of security by creating an economic disincentive to immigrate to the U.S. illegally.

6. Empower Local Authorities

Promote better cooperation on enforcement by supporting legislative measures such as the CLEAR Act, which aims to systematize the relationship between local law and federal immigration officials.
Encourage immigration-law training for police. Local authorities must be provided the tools, training, and funding they need so local police can turn illegal immigrants over to the federal authorities.

7. Ensure Document Security

End exemptions for Mexicans and Canadians to the US-VISIT program, which tracks the arrival and departure of foreign visitors. Since these countries account for the vast majority of foreigners coming here (85 percent), such a policy clearly violates Congress' intent in mandating this check-in/check-out system.
Reject Mexico's "matricula consular" card, which functions as an illegal-immigrant identification card.

8. Discourage Dual Citizenship

Inform foreign governments when their former citizens become naturalized U.S. citizens.
Impose civil and/or criminal penalties on American citizens who illegitimately use their dual status (e.g., using a foreign passport, voting in elections in both a foreign country and the U.S.).

9. Modernize the Process of Legal Immigration

Eliminate the visa lottery system and the admission category for adult brothers and sisters of U.S. citizens.
Increase visas for highly-skilled and highly-educated applicants.
Expedite processing for those who serve honorably in the U.S. Armed Forces.
Improve our immigration process so that those patiently and responsibly seeking to come here legally will not have to wait decades to share in the American dream. Governor Huckabee has always been grateful to live in a country that people are trying to break into, rather than break out of.

*This policy will be drafted to comply with the final federal court decisions on this issue.

UNC Considering In-State Tuition for Illegal Immigrants

CHAPEL HILL — The University of North Carolina system is considering whether to offer undocumented immigrants in-state tuition at its 16 university campuses.

In-state tuition ranges from $1,500 to $3,700 while out-of-state students pay $10,000 to $20,000.

System President Erskine Bowles said that illegal immigrants already are in the state and that creating another permanent underclass is not the right thing to do.

Joni Worthington, vice president for communications for the UNC system, said officials have agreed only to research the issue and have not taken a position for or against it.

A 28-member commission of business, community and academic leaders is studying the idea's costs and benefits.

Undocumented students make up a small percentage of the university system. At UNC-Chapel Hill, for example, there are four. All are on financial aid – none of it state or federal.

Chancellor James Moeser supports their success, saying, "it's in the interest of the state to educate all of the people who live here to their highest potential."

"They are honor students. In some cases, they are valedictorian(s) of our high schools," Moeser said. "Are we going to deprive this intellectual talent?"

Others are speaking out about the concept, saying the issue is not about money, but about setting a precedent.

"I think it would seriously erode their support amongst the taxpayers, the citizens," state House Minority Leader Paul Stamm, R-Wake, said. "We can't educate the entire world."

Stamm said the UNC system received more than a 15 percent increase in its budget last year. Changes like the one being researched could mean wavering support from some legislators, he said.

"It has to do with the responsibilities of North Carolina taxpayers to provide an appropriate education for the citizens of North Carolina," he said.

Last week, a controversy erupted over a new policy that mandates all state community colleges admit students regardless of their immigration status.

Policy opponents include all five candidates for North Carolina governor.