What the News & Record's Allen Johnson chose not to tell 72,649 Sunday circulation recipients before the primary; Skip Alston, Alma Adams, Earl Jones, Yvonne Johnson and the Simkins PAC

"There is an obvious pattern to the George Simkins Jr. Memorial PAC endorsements.

Being a PAC member seems to help.

For the May 6 primaries, the PAC endorsed former County Commissioner Melvin “Skip” Alston, a PAC member, over incumbent Gladys Robinson in the Democratic primary for the N.C. Senate District 28 seat.

It also endorsed 12th District congressional candidate Alma Adams, a PAC member, and House 60 candidate Earl Jones, a PAC member.

And it endorsed Lisa Johnson-Tonkins for clerk of Superior Court; her mother, City Councilwoman Yvonne Johnson, happens to be vice chairwoman of the Simkins PAC.

The PAC traditionally has endorsed in elections and typically includes its selections in a mailer to African American households. In the past, it has helped to increase black voting power and to amplify black voices in local politics.

Today, its luster and credibility are fading, and it may have only itself to blame. It seems more self-interested and self-serving.

...When asked about the endorsement process, Alston said: “I’m not going to get into that.”

And when asked whether his involvement in the PAC poses a conflict of interest, Alston said, “No.”

...Politically, it seems almost incestuous.

If the PAC values its integrity, it should reveal all of its members, as well as specify which ones were involved in the endorsement process. And it should make it clear whether any, such as Yvonne Johnson and Alma Adams, did or did not recuse themselves from the endorsement process because of family ties or because they themselves were candidates.

...In the long run, the PAC seems to be losing influence and has had its endorsements challenged and contradicted in the black community...

http://www.news-record.com/blogs/thinking_out_loud/article_1eb67396-cc0b-11e3-b2dc-001a4bcf6878.html
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Allen wrote on his blog instead, probably attracting no more than a couple of thousand page hits.
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Prior restraint or prior censorship eliminates certain material from being published or communicated to its fullest extent.

In Greensboro, North Carolina, the paper of record has prevented controversial information from being disseminated to the public.

I believe “Freedom of the Press” is the right to be free from prior restraint.

I believe Greensboro's News & Record has failed our community by not reporting some of what they should have, but chose not to, or reported what should have been widely disseminated as online blog posts which very few saw, or buried important topics where few would read them.

In this case, Mr. Johnson chose to mislead Greensboro's African American community by not informing them of important information via the newspaper directly before many vote for or against Simkins PAC members.

In this case, I believe the News & Record, by not pointing out these facts to its in print, newspaper circulation, has manipulated the election in favor of the Simkins PAC.

Civil Rights Museum / Simkins PAC related links

Yes Weekly on Skip Alston Pressuring City Council Members with the Simkins PAC Endorsement

http://hartzman.blogspot.com/2013/07/yes-weekly-on-skip-alston-pressuring.html

I believe Yvonne Johnson should have been recused from deliberations and voting on the Civil Rights Museum issue

http://hartzman.blogspot.com/2013/08/i-believe-yvonne-johnson-should-have.html

GN&R's Allen Johnson on Skip Alston

http://hartzman.blogspot.com/2013/08/gn-allen-johnson-on-skip-alston.html

Allen Johnson: "Alston, a member of the powerful Simkins PAC, is not-so-subtly suggesting political payback if they don’t go along with his group’s proposal."

http://hartzman.blogspot.com/2013/07/allen-johnson-alston-member-of-powerful.html

From the City of Greensboro's Internal Audit Division; Civil Rights Museum Financial Review

http://hartzman.blogspot.com/2013/07/from-city-of-greensboros-internal-audit.html

Dear Steve Bowden, Chairman of the George C. Simkins Jr. Memorial PAC

http://hartzman.blogspot.com/2013/08/dear-steve-bowden-chairman-of-george-c.html

Rhino Times Skip Alston Propaganda Piece; Roy Carroll must be proud

http://hartzman.blogspot.com/2013/12/rhino-times-skip-alston-propaganda.html

Yvonne Johnson, Skip Alston and Robbie's self dealing vote for Skip's $150,000; Simkins PAC and money for family members

http://hartzman.blogspot.com/2013/10/yvonne-johnson-skip-alston-and-robbies.html

Self-dealing Skip Alston Style?

http://hartzman.blogspot.com/2013/06/self-dealing-skip-alston-style.html

How to purchase a Simkins PAC endorsement, by Nancy Hoffmann

http://hartzman.blogspot.com/2013/10/how-to-purchase-simkins-pac-endorsement.html

On Robbie Perkins' dishonest campaign flier

http://hartzman.blogspot.com/2013/10/on-robbie-perkins-dishonest-campaign.html

How Greensboro, North Carolina Works; Skip Alston, Robbie Perkins, Roy Carroll, Renaissance Center, Simkins PAC

http://hartzman.blogspot.com/2013/06/how-greensboro-north-carolina-works.html

Concerned Citizens of Northeast Greensboro; Ralph Johnson / Jim Kee / Robbie Perkins / Skip Alston / Simkins PAC

http://hartzman.blogspot.com/2013/06/concerned-citizens-of-northeast.html

John Hammer on the Simkins PAC, Purchased Endorsements, and Greensboro's City Council Election results.

http://hartzman.blogspot.com/2011/11/john-hammer-on-simkins-pac-purchased.html

The International Civil Rights Museum's 2011 IRS tax form 990 and what looks like a bailout for BB&T and wealthy investors, with what looks like some pretty important unanswered questions

http://hartzman.blogspot.com/2013/05/in-international-civil-rights-museums.html

Zack Matheny Speaks About Simkins PAC “Promise”; Posted by ryan [Shell] on January 15, 2008

http://hartzman.blogspot.com/2013/08/zack-matheny-speaks-about-simkins-pac.html

If the Simpkins PAC’s Skip Alston and Steve Bowden received $750 from Don Vaughan in 2008...

http://hartzman.blogspot.com/2010/10/if-simpkins-pacs-skip-alston-and-steve.html

Robbie Perkins, Nancy Vaughan, Zack Matheny, Jim Kee, Yvonne Johnson and Nancy Hoffmann just cost taxpayers $586,000

I believe Yvonne Johnson should have been recused from deliberations and voting on the Civil Rights Museum issue

If Robbie Perkins was excused for living in a building and having money passed through to Roy Carroll, Yvonne should have been excused for belonging to a PAC with Skip Alston which paid Skip's kin and possibly Yvonne's, and for being listed as a manager of one of the Civil Rights Museum's legal entities.





"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
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What's important here is when Mujeeb states; "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."

Before this letter, Mujeeb only quoted §160A-75 as "What must be considered".

Ethical Responsibilities of the Governing Body of the City of Greensboro
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As Yvonne Johnson was listed as a manager of the ICRCM, and is a Simkins PAC member along with Skip Alston, and the PAC endorses City Council candidates, she should have been recused from deliberations and votes on this issue.

Mayor Robbie Perkins, whose 2011 campaign paid $3,000 for the Simkins PAC endorsement, was the honorary chairman of a recent ICRCM/Simkins golf tournament. Mr. Perkins is now advocating Greensboro taxpayer money be spent to save the museum, which would let some Simkins PAC members retain fiduciary control over the museum’s finances.
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"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.
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"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
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Compromised Fiduciaries: Conflicts of Interest in Government and Business

"The antithesis of conflicts of interest is the fiduciary principle: government and business actors are agents who are supposed to be acting for their principals, not for their own interests (or the interests of others besides their principals). Agents and principals not infrequently have conflicting interests; the agents have both the ability and the incentive to serve interests other than those of their principals, and they sometimes do so at their principals’ expense.1

Government officials ...have an obligation to deal openly and honestly with other people and to use prudence in dealing with other people’s property.

...When government is involved in bailing out or managing a business, the potential for conflicts is pervasive, and some of the conflicts may be intractable.

Government ethics law and corporate law on fiduciary duty both have as their objective to reinforce the fiduciary principle. Persons trusted with positions of responsibility are fiduciaries, charged with serving the interests of persons to whom they owe fiduciary duties, preferring those interests to any other interests.

Officials in all branches of government owe fiduciary obligations to the public...

Any time a government or corporate official acts (or does not act), he could be seeking to advance interests other than those he is supposed to be advancing. These illegitimate interests include self-interest narrowly construed; they also include interests of others with whom the official may feel personal or professional kinship, such as a former colleague, or someone similarly situated to the official or whose favor the official would like to curry. Some of these interests could be characterized as self-interest broadly construed...

The best counterweight to conflicts of interest is a strong commitment to personal and professional responsibility that empowers a business or government decisionmaker to overcome the motivation to advance interests other than those he is supposed to be advancing. Decisionmakers in business and in government should be firmly committed to principles of ethics, not just to obeying narrowly defined rules.

1. See Kathleen Clark, Do We Have Enough Ethics in Government Yet?
An Answer from Fiduciary Theory, 1996 U. ILL. L. REV. 57, 74 (“Numerous
courts have recognized the fiduciary obligation of government employees, even
in the absence of specific legislative or regulatory endorsements of such duties,
and these courts have imposed fiduciary-like remedies in response to violations
of the conflict and influence components of that obligation.”); see also Exec.
Order No. 12,674 § 101(a), 3 C.F.R. 215 (1990) (“Public service is a public
trust.”), as modified by Exec. Order No. 12,731, 3 C.F.R. 306 (1991) (codified at
5 U.S.C. §§ 7301, 7351, 7353 (2006)).

http://www.minnesotalawreview.org/wp-content/uploads/2011/05/HillPainter_PDF.pdf

City of Greensboro Information Request; Please provide the "binding commitments for a minimum of $20,000,000.00 in private contributions for the GPAC."

"MINUTES OF THE CITY COUNCIL OF THE CITY OF GREENSBORO, N. C. 19 FEBRUARY 2013

Mayor Perkins clarified that the operating loss did not show the contribution to servicing the bonds that would be paid for by ticket taxes, parking revenues and other revenue sources; and stated that the operating loss was separate from the debt service.

...Councilmember Matheny made a motion that Council commit to $20 million based on funding mechanisms put forth utilizing the City’s portion of the hotel/motel revenues received, as well as, other funds such as user fees and ticket tax, contingent on private donations being brought forth from the taskforce.

Mayor Pro-Tem Johnson seconded the motion.

...City Manager Roth confirmed that funds could possibly be pulled from the General Fund.

...Councilmember Matheny favored using hotel/motel tax funds, user fees and private sector funds; and that the City needed to commit to the project in order to promote and solidify private sector fundraising.

56-13 RESOLUTION CONCERNING THE PROPOSED GREENSBORO PERFORMING ARTS CENTER

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREENSBORO THAT:

...the City Council will not permit any financing efforts to be completed for the $20,000,000.00 in municipal financing outlined above until the GPAC Task Force is able to confirm that they have obtained binding commitments for a minimum of $20,000,000.00 in private contributions for the GPAC.

(Signed) Zachery Matheny

...Councilmember Matheny’s motion was adopted on the following roll call vote:

Ayes: Hoffmann, Johnson, Kee, Matheny, Vaughan and Perkins.

Noes: Abuzuaiter, Bellamy-Small and Wilkins.
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Please provide the "binding commitments for a minimum of $20,000,000.00 in private contributions for the GPAC."

As Greensboro city council candidates information requests are censored via prior restraint by city staff, please copy and send the above information request to inforequests@greensboro-nc.gov