ORANGE COUNTY COMMISSIONERS
TRIED TO SNEAK ONE BY YOU

 

So, what do you do when you want to change an ordinance that you know is illegal and won't pass through the normal channels?  You hold a closed door meeting and not invite the public.  That's what the Orange County commissioners just tried to pull.

Over the weekend, Grass Roots NC received word that the board of commissioners in Orange County was going to hold a closed door meeting that is NOT open to the public this Tuesday evening, 2/16/2016.  The ordinance they wanted to change?  From their action agenda item, it states:

"The proposed amendments establish new regulations governing the discharge of firearms on private property...restricts the discharge of firearms to 10:00 a.m. to 6:00 p.m. daily, prohibits the discharge of firearms within designated distances of property lines and dwelling structures, requires discharge projectiles to remain on property upon which they are discharged, and requires most firearms discharges to be directed into a projectile-proof backstop."

Clearly, the commission knew that these changes would not be popular, but they didn't want to be bothered with the opinions of the people who elect them, so they've decided to meet in secret. This is not acceptable. Below, see how you can send a quick message to the commission to let them know what you think about this sneaky move. Also below, get details so you can attend Tuesday's meeting and let your voice be heard In response to their attempt at deception, GRNC President, Paul Valone wrote the following letter to the chairman of the Orange County Board of Commissioners, Earl McKee:


Re:  Amendment to Orange County Code Of Ordinances Regulating Discharge Of Firearms

Dear Commissioner McKee:

We have been advised by several members that Orange County intends to change its ordinance regarding discharge of firearms. They have also advised us that the board of commissioners intends to do so in a meeting closed to the public.

In fact, one member forwarded the attached image of the Action Agenda Item Abstract which appears to show it as item 7–a, for action on February 16, 2016. I also note that the public hearing block contains an “N”, presumably indicating no public hearing on the issue.

As you are no doubt aware, NCGS § 143-318.9 stipulates:

“Whereas the public bodies that administer the legislative, policy-making, quasi-judicial, administrative, and advisory functions of North Carolina and its political subdivisions exist solely to conduct the people's business, it is the public policy of North Carolina that the hearings, deliberations, and actions of these bodies be conducted openly.”

In fact, public bodies may go into closed session only for the purposes enumerated in § 143-318.11, which also says:

“A public body may hold a closed session only upon a motion duly made and adopted at an open meeting. Every motion to close a meeting shall cite one or more of the permissible purposes listed in subsection (a) of this section.”

I would also urge you to become familiar with another modification of North Carolina statutes which became effective on December 1, 2015 when N.C.G.S. § 14–415.23 was modified under Section 15 of Session Law 2015–195 (formerly H.B. 562) to include a new subsection (e), to wit:

“A person adversely affected by any ordinance, rule, or regulation promulgated or caused to be enforced by any unit of local government in violation of this section may bring an action for declaratory and injunctive relief and for actual damages arising from the violation. The court shall award the prevailing party in an action brought under this subsection reasonable attorneys' fees and court costs as authorized by law.”

Please advise us if we are in error. Otherwise, I would strongly suggest you convene an open session at which a motion could be made to go into closed session only for statutorily permissible reasons. I can be reached at the email above or at 704–907–9206. I eagerly await your reply.


Okay, let's give them our comments, people!
  • ATTEND THE COUNTY COMMISSIONERS MEETING: The meeting is at 7:00 pm tomorrow (Tuesday) night, at the Southern Human Services Center, 2501 Homestead Road, Chapel Hill, NC 27514. (That's Tuesday, February 16th)..
  • Also, send your emails to the sneaky members of the Orange County Board of Commissioners and let them know that attempts to change ordinances behind closed doors is not only illegal, but will  be tolerated,  GRNC will continue to monitor their actions and inform their members across the state. Use the copy/paste email list below and the copy/paste message also provided.

CONTACT INFO

Earl McKee (Chair) - emckee@orangecountync.gov
Mark Dorosin (Vice Chari) - mdorosin@orangecountync.gov
Mia Day Burroughs - mburroughs@orangecountync.gov
Barry Jacobs - bjacobs@orangecountync.gov
Bernadette Pelissier - bpelissier@orangecountync.gov
Renee Price - rprice@orangecountync.gov
Penny Rich - prich@orangecountync.gov

For our members, here's a Copy/Paste email list for your email client:
emckee@orangecountync.gov; mdorosin@orangecountync.gov; mburroughs@orangecountync.gov; bjacobs@orangecountync.gov; bpelissier@orangecountync.gov; rprice@orangecountync.gov; prich@orangecountync.gov  


So, after receiving this letter, all of a sudden, it became a public meeting.  No kidding.  This afternoon, one of GRNC's members received a call from John Roberts, the attorney for Orange County, stating that the meeting is now open for comment on all agenda items.  Interesting how that just seemed to happen, even though their agenda document clearly shows an "N" for "Public Hearing".


 
IMMEDIATE ACTION REQUIRED!
 
Okay, let's give them our comments, people!
  • ATTEND THE COUNTY COMMISSIONERS MEETING: The meeting is at 7:00 pm tomorrow (Tuesday) night, at the Southern Human Services Center, 2501 Homestead Road, Chapel Hill, NC 27514. (That's Tuesday, February 16th)..
  • Also, send your emails to the sneaky members of the Orange County Board of Commissioners and let them know that attempts to change ordinances behind closed doors is not only illegal, but will  be tolerated,  GRNC will continue to monitor their actions and inform their members across the state. Use the copy/paste email list below and the copy/paste message also provided.

CONTACT INFO

Earl McKee (Chair) - emckee@orangecountync.gov
Mark Dorosin (Vice Chari) - mdorosin@orangecountync.gov
Mia Day Burroughs - mburroughs@orangecountync.gov
Barry Jacobs - bjacobs@orangecountync.gov
Bernadette Pelissier - bpelissier@orangecountync.gov
Renee Price - rprice@orangecountync.gov
Penny Rich - prich@orangecountync.gov

For our members, here's a Copy/Paste email list for your email client:
emckee@orangecountync.gov; mdorosin@orangecountync.gov; mburroughs@orangecountync.gov; bjacobs@orangecountync.gov; bpelissier@orangecountync.gov; rprice@orangecountync.gov; prich@orangecountync.gov  



DELIVER THIS MESSAGE

Suggested Subject: "County ordinance meetings should NEVER be held behind closed doors without the public knowledge"


Dear Orange County Commissioners:


Over the weekend, I learned through Grass Roots North Carolina that the Board of Commissioners in Orange County intended to hold a meeting Tuesday night to make changes to existing gun ordinances (Action Item 7-a) and it was NOT open to the public.

This is unacceptable.  It is also illegal (NCGS § 143-318.9, § 143-318.11, § 14–415.23).

If you are going to make proposals for changes to our county ordinances, especially those that affect my 2nd amendment rights, then you need to come clean and make this a public forum as required by law.  It wasn't until Paul Varone, Grass Root NC's president, sent a letter to the Board that this meeting then became open to the public.

I look forward to seeing you Tuesday night and will continue to monitor your actions through the Grass Roots NC updates.

Sincerely,




     
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