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Billjames.org Newsletter

December 7, 2007

 
 
 

Racism, Mecklenburg Democrats & the Sheriff's race


“In those counties where the office of coroner has been abolished, the chief deputy sheriff, or if there is no chief deputy, then the senior deputy in years of service, shall perform all the duties of the sheriff until the county commissioners appoint some person to fill the unexpired term.” – NCGS 162.5


 

Democrat party 'plan of Organization'

A group of folks (mostly of one race) get together to select a new candidate. They take applications for the job but it is clear that one candidate (of a different race) is the most qualified, has the most experience and proven abilities. The other candidate, matching the race of a majority of the group, has questionable ethics, bad financial planning and no relevant experience that would qualify him for the job.

 

In 1948, the group of folks were white southern 'cracker' Democrats passing over a more qualified Black candidate to select the 'good ol boy' white bubba.

 

In 2007, the group of folks was Black inner-city Democrats, passing over the only qualified candidate because he was white to select the Black dude.

 

Both are examples of Racism.

 

What the local Mecklenburg County Democrat Party did was engage in exactly same behavior that Black leaders decried during the Civil Rights era of the 60's.

 

Instead of picking someone based on the 'content of their character' they determined to pick a candidate based on 'the color of his skin'. Dr. M. L. King, Jr. would not be pleased.

 

The difference between the 60's rhetoric and today is that in the 60's folks believed it. Today, it is just some aging shrill verbiage used to justify any and all actions the Democrats (or Black Democrats) deem to be offensive to their view of the world (and I am sure I will garner some more hate mail for writing this).

 

The ONLY qualified Democrat candidate for Sheriff was Chipp Bailey. Every County Commission Democrat (Black and White) endorsed Chipp. The Democrat Executive Committee in an appeal solely to racism ignored the best qualified candidate and instead selected a political hack because his skin pigmentation was acceptably dark. 

 

The good news for Republicans is that Mr. Mackey will be easy to beat in 2010. The Democrats have also set up a process where the person running for Sheriff need not be a professional but rather anybody with enough name ID and political skills. For example, a sitting County Commissioner or City Councilperson could run and win making Mackey the issue.

 

The Bad news for Mecklenburg County is that a party stooge will be in charge of the inmates in the Mecklenburg County jail and plans to gut the illegal immigration detention program like a fish.

 

If a white group ignores the best qualified Black candidate to elect a white person - Black leaders call that 'racism'.

 

When the local Democrats and Black leaders engage in racism, what do they call it? 'Democracy in Action'. The equivalent would be the white good ol’ boys calling lynching ‘Democracy’ because a majority wanted to do it.

 

According to the County Attorney, there is no time limit on the Commission that determines when we have to act on the racist decision of the local Democrat EC.  The law also says that the Commission can select the Chief Deputy (or senior Deputy) to serve as 'acting Sheriff' (though he would have to want the job and after what he has been through with his own party and he may not). If he didn’t want it, the next person in line below Chipp would be the 'Senior Deputy' (a Black Female I understand). Either would be eligible to remain as ‘acting Sheriff’.

 

In short, the County Commissioners could tacitly over-ride the racist decision of the Democrat EC by determining that the process was illicit, that Mackey isn't qualified, or that one of the candidates wasn't allowed access.

 

Either way - The elected Democrats on the County Commission (Parks Helms, Jennifer Roberts, Dumont Clarke, Val Woodard and Norman Mitchell) have to all agree to back a candidate (Mackey) that two days ago they said was unqualified for the job.

 

If they stand by their convictions, Mackey won't get their votes. If the cave in to the racist rabble within their own party that allowed the process to produce this result then Mackey will be Sheriff but his reign will be short.

 

The decision on whether to appoint an unqualified individual selected on the basis of racism rests with one Democrat on the County Commission.

 

If four GOP vote against Mackey and one Democrat joins, a competent person stays 'acting Sheriff'.

 


 

From: Marvin A. Bethune [mailto:mbethune@rbcwb.com]
Sent: Monday, December 03, 2007 2:05 PM
To: 'William F. James, Jr.'
Cc: 'Parks Helms'; 'Jennifer Watson Roberts'; dan@danramirez.com; karen.bentley@mecklenburgcountync.gov; 'Norman Mitchell'; 2woodard@bellsouth.net; 'Dumont Clarke'; 'Dan Bishop'; 'Jones, Harry L.'; 'Paige, Janice'; Sandra Bisanar
Subject: Vacancy in office of Sheriff

 

Bill,

 

I have the Democratic Plan of Organization from the State Democratic Party web site (see attached) which I understand from a friend of mine sets out the procedure for organizing a precinct, but without the necessary additional knowledge of which precincts were organized when and how, that document does not answer the question you want answered. Right now, under Board policy, without authorization from either the County Manager or the Board, I do not have the authority to do the extensive research (nor do I even have the resources to undertake the complex and very time consuming factual determination as to which of the precincts were properly organized and which were not, even if so authorized).

 

Right now I believe that the Board has no choice other than to let the process continue, and then I can help the Board evaluate it's options. Once all the facts become publicly known, at least to the greatest extent possible, I will be prepared to consult with the Board in closed session and outline what I believe the Board's options are

 

It is interesting to note that the relevant statute (GS 162-5.1-see below) does not set a deadline for the Board of Commissioners to vote on filling a vacancy, so I believe that there will be adequate time for the Board to consider its options after the Democratic Executive Committee makes its recommendation. As noted in this statute: "In those counties where the office of coroner has been abolished, the chief deputy sheriff, or if there is no chief deputy, then the senior deputy in years of service, shall perform all the duties of the sheriff until the county commissioners appoint some person to fill the unexpired term." (emphasis added)

 

This statute is to be contrasted to GS 162-5, which is applicable in some other counties, which indicates that the board of commissioners is to fill the vacancy at "the first meeting of the county commissioners next succeeding such vacancy".

However, even this statute indicates that "If the board should fail to fill such vacancy" the coroner, or chief deputy, is to discharge the duties of sheriff "until" the board fills the vacancy.

 

I will continue to stay informed about this issue and look forward to consulting with the Board in closed session after the County Executive Committee of the Democratic Party has acted.

 

Marvin A. Bethune
Mecklenburg County Attorney
(O) (704) 377-1634
(FAX) (704) 342-3308
mbethune@rbcwb.com

 

§ 162 5.1.  Vacancy filled in certain counties; duties performed by coroner or chief deputy.

If any vacancy occurs in the office of sheriff, the coroner of the county shall execute all process directed to the sheriff until the board shall elect a sheriff to supply the vacancy for the residue of the term, who shall possess the same qualifications, enter into the same bond, and be subject to removal, as the sheriff regularly elected. If the sheriff were elected as a nominee of a political party, the board of commissioners shall consult the county executive committee of that political party before filling the vacancy, and shall elect the person recommended by the county executive committee of that party, if the party makes a recommendation within 30 days of the occurrence of the vacancy. If the board should fail to fill such vacancy, the coroner shall continue to discharge the duties of sheriff until it shall be filled.

In those counties where the office of coroner has been abolished, the chief deputy sheriff, or if there is no chief deputy, then the senior deputy in years of service, shall perform all the duties of the sheriff until the county commissioners appoint some person to fill the unexpired term. In all counties the regular deputy sheriffs shall, during the interim of the vacancy, continue to perform their duties with full authority.

This section shall apply only in the following counties: Alamance, Alexander, Alleghany, Avery, Beaufort, Brunswick, Buncombe, Burke, Cabarrus, Caldwell, Carteret, Cherokee, Clay, Cleveland, Davidson, Davie, Edgecombe, Forsyth, Gaston, Graham, Guilford, Haywood, Henderson, Hyde, Jackson, Lincoln, Madison, McDowell, Mecklenburg, Moore, New Hanover, Onslow, Pender, Polk, Randolph, Richmond, Rockingham, Rutherford, Sampson, Stanly, Stokes, Surry, Transylvania, Wake, and Yancey. (1981, c. 763, ss. 10, 14; c. 830; 1983, c. 670, s. 2; 1987, c. 196, s. 3; 1989, c. 83; c. 497, s. 1; 1991, c. 15, s. 1; c. 558, s. 2; 2001 257, s. 2; 2003 39, s. 1; 2003 90, s. 1.)

§ 162 5.  Vacancy filled; duties performed by coroner or chief deputy.

If any vacancy occurs in the office of sheriff, the coroner of the county shall execute all process directed to the sheriff until the first meeting of the county commissioners next succeeding such vacancy, when the board shall elect a sheriff to supply the vacancy for the residue of the term, who shall possess the same qualifications, enter into the same bond, and be subject to removal, as the sheriff regularly elected. If the board should fail to fill such vacancy, the coroner shall continue to discharge the duties of sheriff until it shall be filled.

In those counties where the office of coroner has been abolished, the chief deputy sheriff, or if there is no chief deputy, then the senior deputy in years of service, shall perform all the duties of the sheriff until the county commissioners appoint some person to fill the unexpired term. In all counties the regular deputy sheriffs shall, during the interim of the vacancy, continue to perform their duties with full authority. (1829, c. 5, s. 8; R.S., c. 109, s. 11; R.C., c. 105, s. 11; Code, s. 2071; Rev., s. 2811; C.S., s. 3929; 1973, c. 74; 1983, c. 670, s. 2.)

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Sincerely,

 


Bill James
Billjames.org

   
 

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