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CMS and Dr. Gorman caught in electioneering
cover-up. 
Confidential memos from CMS lawyers detail
process to break NC law and to justify
illegal activity on the part of Dr. Gorman
using Federal cases. After public records
request from me (and the Charlotte Observer)
CMS refuses by a vote of 7 to 2 to hand out
memos outlining electioneering strategy. I
have them included in this e-mail for the
public to see.
There is an old adage that the 'cover-up' is
always worse than the crime. Sometimes it is
the lack of integrity and public trust that
are the real issue. This story has a lot of
detail but should be easy to follow. Nixon
had the Pentagon Papers, the current
President the 'torture memos' and CMS the
2007 electioneering scheme.
PART ONE - The Setup Memo
Back on July 10th, 2007 CMS general counsel
James G. Middlebrooks with Helms Mulliss and
Wicker wrote a memo outlining the 'do's and
don'ts' related to CMS' ability to engage in
political activity. In that memo CMS
determined that it was OK to list on the
schools marquee how much
'$xxx for renovation....' as
'perfectly permissible'. It
further stated that 'as long as the piece
was 'informational'
and not an advocacy piece, the expenditure
is allowed.
In this same memo, it states incorrectly:
"Dr. Gorman and Maurice Green may advocate
for passage of the bonds"
using taxpayer dollars because
'Dr. Gorman and Mr. Green are appointed to
carry out the School Board's policies'. So
are the rest of CMS employees.
State law (NCGS 126.13) states that
employees covered by the "Personnel Act" are
banned from political activity. As the media
knows from discussions about Dr. Gorman's
contract, he definitely believes he is
'covered' by the Personnel Act. He and the
School Board invoke it anytime the subject
of Dr. Gorman's contract negotiations come
up. For purposes of politics however Dr.
Gorman's position is that he is NOT a state
employee and is not covered by State law
that prohibits political activity on the
job.
NCGS 153A 99 states that it is illegal for
County dollars to be used for political
activity and then states that any 'agency'
that receives county dollars are considered
to have 'county employees'.
Neither of these key laws are even cited or
considered.
Further down in this July 10th confidential
memo it states that CMS e-mail should not be
used for 'broadcast' advocacy but a
discussion I had with an Observer reporter
yesterday who indicated that
e-mails/correspondence had gone out with a
reference to the pro-bonds web site
'Meckbonds2007.com' and I believe I saw that
same web site reference on the marquee at
Matthews Elementary when I drove by it on
Saturday.
The memo states that employees at the school
house level 'should not spend time at work
advocating for the bonds. That is not their
job' yet the memo attempts to excuse two of
CMS' top employees from the rules.
PART TWO - 'Point of No Return'
Several weeks ago, CMS issued a color two
page flyer entitled 2007 bonds. In that
flyer was a quote from Dr. Gorman that said
that if CMS didn't pass the bonds that
effectively we would be at a 'point of no
return'. Most legal scholars state that hot
or fire filled rhetoric that tries to sway
voters one way or the other is illegal.
There have been court cases on this issue.
Nevertheless, CMS printed up over 135,000 of
these color flyers with Dr. Gorman's
incendiary commentary. I have asked for the
cost details regarding this but CMS is
attempting to ignore the media and me in
hopes of limping across the electoral school
bonds finish line. If yoiu want to view the
flyer with Dr. Gorman's 'point of no return'
commentary you can see it on the CMS web
site here:
http://pages.cms.k12.nc.us/gems/2007bonds/Bonds2007FS2.pdf
PART THREE - 'The US Supreme Court says we
can be in politics' memo
On September 12th, 2007 CMS lawyers issued a
second confidential memo to the Dr. Gorman,
Maurice Green and Nora Carr. This memo
states that it is to provide you (Dr.
Gorman) with 'the law'. It was authored by
Regina H. Bartholomew, General Counsel of
CMS.
The memo makes no reference to State law at
all. It then proceeds to justify CMS can
spend tax dollars (subsidize) a bond
campaign. Their reason is as follows:
"...In order to accomplish such tasks [as
passing school bonds], it [CMS] relies
solely on the successful passage of bond
proposals" [added]
This is incorrect because COPS are
available. It further states.....
"Thus, it MUST TAKE A [political advocacy]
POSITION WITH REGARD TO THE BOND PROPOSAL
AND SUBSIDIZE THE POSITION THAT IT TAKES
[with tax dollars]...." [added]
Later, the memo says.....
"Further, while it is not recommended, it
may also pass legal muster of CMS
communicated a favorable position with
regard to the bond proposal package"
So...............there you have it. CMS is
telling the public and the State of NC -
screw you. We will do what we want, when we
want to. We will take a position on the
bonds. We will use your government resources
to advocate for the bonds and we will cover
it up until the last moment and then claim
that Dr. Gorman and Maurice Green are
'exempt' from the rule of law.
Further, we will classify these memo's as
confidential so that no one can get to them
even though State law precludes governments
from engaging in political advocacy.
Why would CMS need 'confidential' memos
regarding political activity? Would not the
memo's be public like the County or City
memo's are?
The reason they are 'confidential' are the
same reason that the President's torture
memo (also written by lawyers) was
confidential. Dr. Gorman and CMS knew that
what they were doing was wrong but they
were going to do it anyway. Had the
memo's been public, the public would have
caught on.
Well, now you and the world have them. The
big question is whether voters will reward
illicit activity with a 'yes' vote on the
school bonds.
It is obvious that CMS and the School Board
will not investigate themselves. So who
will? Who will do the investigation into
these memos and CMS behavior? The DA? The
Attorney General?
By the way - to Dr. Gorman and the School
Board. I am still waiting for the detail
cost estimates on that 135,000 piece
mailer/push card.
Bill James (R, Mecklenburg County
Commission)
Political Activity of Employees.
§ 126 13.
Appropriate political activity of State
employees defined.
(a) As an
individual, each State employee retains all
the rights and obligations of citizenship
provided in the Constitution and laws of the
State of North Carolina and the Constitution
and laws of the United States of America;
however, no State employee subject to the
Personnel Act or temporary State employee
shall:
(1) Take any
active part in managing a campaign, or
campaign for political office or otherwise
engage in political activity while on duty
or within any period of time during which
he is expected to perform services for which
he receives compensation from the State;
(2)
Otherwise use the authority of his
position, or utilize State funds,
supplies or vehicles to secure support for
or oppose any candidate, party, or issue in
an election involving candidates for office
or party nominations, or affect the results
thereof.
(b) No head
of any State department, agency, or
institution or other State employee
exercising supervisory authority shall make,
issue, or enforce any rule or policy the
effect of which is to interfere with the
right of any State employee as an individual
to engage in political activity while not on
duty or at times during which he is not
performing services for which he receives
compensation from the State. A State
employee who is or may be expected to
perform his duties on a twenty four hour per
day basis shall not be prevented from
engaging in political activity except during
regularly scheduled working hours or at
other times when he is actually performing
the duties of his office. The willful
violation of this subdivision
shall be a Class 1 misdemeanor.
(1967, c. 821, s. 1;
1985, c. 469, s. 1, c. 617, s. 5; 1993, c.
539, s. 930; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 153A 99.
County employee political activity.
(a)
Purpose. The purpose of this section is to
ensure that county employees are not
subjected to political or partisan coercion
while performing their job duties, to ensure
that employees are not restricted from
political activities while off duty, and to
ensure that public funds are not used for
political or partisan activities.
It is not the
purpose of this section to allow
infringement upon the rights of employees to
engage in free speech and free association.
Every county employee has a civic
responsibility to support good government by
every available means and in every
appropriate manner. Employees shall not be
restricted from affiliating with civic
organizations of a partisan or political
nature, nor shall employees, while off duty,
be restricted from attending political
meetings, or advocating and supporting the
principles or policies of civic or political
organizations, or supporting partisan or
nonpartisan candidates of their choice in
accordance with the Constitution and laws of
the State and the Constitution and laws of
the United States of America.
(b)
Definitions. For the purposes of this
section:
(1)
"County employee" or "employee" means any person
employed by a county or any department or
program thereof that is
supported, in whole or in part, by county
funds;
(2) "On
duty" means that time period when an
employee is engaged in the duties of his or
her employment; and
(3)
"Workplace" means any place where an
employee engages in his or her job duties.
(c) No
employee while on duty or in the workplace
may:
(1) Use
his or her official authority or influence
for the purpose of interfering with or
affecting the result of an election or
nomination for political office; or
(2)
Coerce, solicit, or compel contributions for
political or partisan purposes by another
employee.
(d) No
employee may be required as a duty or
condition of employment, promotion, or
tenure of office to contribute funds for
political or partisan purposes.
(e) No
employee may use county funds, supplies, or
equipment for partisan purposes, or for
political purposes except where such
political uses are otherwise permitted by
law.
(f) To
the extent that this section conflicts with
the provisions of any local act, local
ordinance, resolution, or policy, this
section prevails to the extent of the
conflict.
(1991, c. 619, s. 1; 1993, c. 298, s. 1.)
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