As one Supreme Court race ends, another begins

Posted on by David Jacobs

What little chance voters had to choose who will represent the new majority-Black state Supreme Court district was snuffed out on Monday, though another race is on tap for early next year.

Last week, the current court denied Louisiana Housing Corporation Chief of Staff Leslie Chambers’ appeal of a lower court ruling that she was not eligible to run, while also overturning that court’s determination that Second Circuit Court of Appeal Judge Marcus Hunter is eligible. 

That ruling left First Circuit Court of Appeal Judge John Michael Guidry as the only eligible candidate, meaning he wins by default. Even after exhausting their in-state legal options, however, Chambers and Hunter had one last potential hope: the U.S. Supreme Court. 

Chambers looked into a possible appeal to SCOTUS. But she has decided not to pursue any further appeal, campaign director Jason Redmond told The Tracker on Monday. 

The argument in the original lawsuit to knock Chambers off the ballot involved the state’s one-year residency requirement, which she did not meet. She noted that the district was established less than three months before qualifying, and argued the requirement as applied to her case violates the due process and equal protection clauses of the 14th Amendment to the U.S. Constitution, which might have provided the basis for an appeal if she had been disqualified on that basis. 

However, the residency issue turned out to be a moot point. The state high court ruled that Chambers had failed to prove she had filed her taxes in 2022, which violates a state law that requires Supreme Court candidates to file their income taxes for each of the five previous years in order to qualify.

That same law tripped up Hunter. In an email to The Tracker, Hunter doesn’t mention whether he considered a SCOTUS appeal, but makes clear that he won’t pursue one. 

“As a sitting Judge, I intimately understand how difficult it can be for a Judge to render life altering decisions within such a limited amount of time,” Hunter said. “I respect and accept the highest Court’s decision. I see no reason to question it simply because I was on the other side of the bench receiving an unfavorable ruling.”

Hunter had raised very little money for the race, and therefore may have struggled to compete. Chambers had raised almost $180,000, compared to about $140,000 by Guidry. 

With one Supreme Court race settled, election-watchers can turn their attention to the opening created when former Associate Justice James Genovese, with Gov. Jeff Landry’s support, took the top job at Northwestern State University. Cade Cole, a Lake Charles attorney and administrative law judge, has launched his campaign for the job.

With Landry’s backing, Cole has lined up endorsements from Attorney General Liz Murrill, along with many sheriffs, district attorneys and lawmakers from the district. Barring something unforeseen, he will be the heavy favorite in the spring special election. 

Howey Daily Wire Aug. 27, 2024

Posted on by Howey Politics Indiana

Welcome, subscribers!

State Affairs reports the Indiana Supreme Court has declined to take up a case seeking to force the public release of an ethics opinion on whether Attorney General Todd Rokita could continue working for a private business while serving in office. And Gov. Eric Holcomb this week will begin his 25th international economic development trip as governor and his fifth this year. More news below. — Howey Politics Indiana/State Affairs

Supreme Court won’t hear fight over Rokita job opinion: The state Supreme Court did not explain its decision not to consider an appeal of an April decision issued by the state Court of Appeals that sided with Attorney General Todd Rokita. (Davies, State Affairs)

Holcomb’s 25th international trip to feature stops in Slovakia, Italy: Gov. Eric Holcomb will visit Slovakia and Italy this week with the aim of “cultivating defense and economic development opportunities,” his office said Monday. (Meeks, State Affairs)

STATE

Jamey Noel pleads guilty to 27 charges: Former Clark County Sheriff Jamey Noel pleaded guilty to 27 of 31 charges in court as part of a plea deal. Special Judge Larry Medlock said he was not opposed to a plea deal, but needed more time to hear from victims of Noel’s alleged crimes before accepting a guilty plea. (Bertucci, Courier Journal)

Indiana water, wastewater utilities face cyber threats and an aging workforce: Indiana water and wastewater utilities are more vulnerable to cyber attacks, especially rural, smaller utilities that don’t have in-house IT departments. (Thiele, WFIU-FM)

$7.9M USDA grant to restore oak systems in southern Indiana: “The ‘Ready-Set-Fire in White Oak Woodlands’ project will allow us to implement on-the-ground forest conservation work and use appropriate prescribed fires in more places to enhance habitat for at-risk species and forest community types,” said Jeremiah Heise, Hoosier National Forest ecosystem program manager.  (Rauworth, Indianapolis Recorder)

Indiana Girl Report calls for collaboration to support well-being, mental health: A statewide report released by the Girl Coalition of Indiana, Girl Scouts and Indiana Youth Institute identifies three specific areas where collective support can improve girls’ wellness: positive childhood experiences, addressing interpersonal aggression and access to mental health support. (Filchak, The Journal Gazette)

Indiana among top states for casino tourism: Indiana ranks No. 12 on the BetMGM list of the 15 Best U.S. States for Casino Tourism. (Brown, Inside Indiana Business)

IU faculty demand protections from ‘intellectual diversity’ law: Faculty members at Indiana University are demanding school leadership not include complaints from students about teaching and research on diversity, equity, and inclusion topics as part of its adherence to a new state law requiring college instructors to adhere to intellectual diversity practices in coursework. (Darling, WIBC-FM)

Eberhart projected to be released after 10 months: Former state Rep. Sean Eberhart, R-Shelbyville, reported to federal prison last week after pleading guilty to a corruption charge and is projected to be released about two months early via a good conduct time release. (East, The Republic)

LOCAL

St. Joseph County Democratic Party chair calls for special prosecutor to investigate GOP judge candidate: St. Joseph County’s Democratic Party chair says a special prosecutor should decide whether a crime was committed when a Republican candidate for judge allegedly attacked his brother over a Facebook post. (Parrott, WVPE-FM)

IDEM warns Cedar Lake may exceed water capacity: The Indiana Department of Environmental Management says one part of the Cedar Lakes’ water system is at 92% capacity, but notices of intent received since 2020 would increase connections by more than 30%. (Gallenberger, Lakeshore Public Media)

Bloomington creates fund to help with medical debt, security deposits, property taxes: Working families having trouble paying for medical debt, property taxes, child support arrears and medically specific diets may be able to get help from a $1 million fund if they live or are employed in Bloomington. (Rosenzweig, The Herald-Times)

Terre Haute mayor looks to ‘capital stacking’ for project funds: Terre Haute Mayor Brandon Sakbun turned to capital stacking — doggedly searching for financing from every possible source — to finance city projects. (Kronke, Tribune-Star)

Dangerous levels of radon found in sub-basement of old Vanderburgh County Courthouse: The Vanderburgh County Commissioners say the radon was found during a comprehensive building inspection of the old county courthouse. (Blackmarr & Calalang, WEHT-TV)

Draft of St. Joseph County’s comprehensive plan for growth posted online for comment: St. Joseph County’s long-awaited and delayed comprehensive plan for growth, development, preservation of green spaces, housing, utilities and transportation is in draft form and posted at www.plansjc.com. (Dits, South Bend Tribune)

Lake County looking for proposals on how to distribute opioid lawsuit settlement funds: The Lake County Board of Commissioners is seeking proposals from local organizations to spend nearly $2 million in its first distribution of funding from the state in opioid lawsuit settlements. (Kukulka, Post-Tribune)

Jay County creates task force to update cybersecurity plan: Jay County Commissioners approved creating a task force Monday to update the county’s cybersecurity plan. (The Commercial Review)

Fishers seeks to reduce noise levels: Fishers officials are working on an ordinance to curtail noise — from the current 90 decibels to 70 — especially at bars and restaurants on the first floors of apartment developments, where some businesses have outdoor seating or entertainment. (Tuohy, IndyStar)

GENERAL ASSEMBLY

Messmer quits state Senate ahead of congressional election: Republican state Sen. Mark Messmer, R-Jasper, will resign from his legislative seat effective Sept. 3 — two months before his anticipated election to Congress. (Davies, State Affairs)

House GOP intern applications open: Paid internships with Indiana House Republicans for the 2025 legislative session offer an opportunity to gain practical knowledge of state government through active participation in the legislative process, according to the program’s website. (Howey Politics Indiana/State Affairs)

Tomorrow: Government study committee meeting — The Interim Study Committee on Government will meet at 1:30 p.m. in Room 233 at the Statehouse, according to a notice. (Howey Politics Indiana/State Affairs)

Roads and transportation committee meeting Sept. 5: The Interim Study Committee on Roads and Transportation is scheduled to meet at 1:30 p.m. in Room 404 at the Statehouse. (Howey Politics Indiana/State Affairs)

CONGRESS

Banks meets with Netanyahu in Jerusalem: U.S. Rep. Jim Banks, R-Ind., announced he met with Israeli Prime Minister Benjamin Netanyahu while traveling with a GOP congressional delegation throughout the Middle East. (Howey Politics Indiana/State Affairs)

Parallel Trump shooting investigations: Dueling events focused on the assassination attempt against former President Trump highlighted the challenge that the official House task force investigating the attack could have in keeping the effort bipartisan and apolitical. (The Hill)

Congressional schedule: The Senate and House are out.

PRESIDENTIAL 2024

Trump, Harris return to campaign trail as sprint to high-stakes debate begins: Vice President Kamala Harris and Donald Trump return to the campaign trail this week as the presidential nominees head toward a Sept. 10 debate showdown — but with the GOP standard-bearer casting doubt the debate will even happen. (Roll Call)

Harris’s tax increases and cuts take shape: Vice President Harris’s tax proposals pick up the unfinished business of the Biden administration, pushing to raise taxes on corporations and high-income households while leaving most Americans’ taxes unchanged or lower. (The Wall Street Journal)

Jack Smith appeals Judge Cannon decision to throw out Trump case: Special counsel Jack Smith urged an appeals court to reverse U.S. District Judge Aileen M. Cannon’s dismissal of Donald Trump’s classified-documents case, arguing that Attorney General Merrick Garland had clear authority to appoint Smith to lead the prosecution. (The Washington Post)

NATION

White House schedule: President Joe Biden and Vice President Kamala Harris will receive the Daily Brief in the morning. Harris will receive briefings and conduct internal meetings with staff before delivering a video message during the African Methodist Episcopal Church’s 52nd Quadrennial Session of the General Conference taking place in Columbus, Ohio.

An eventful year: U.S. Rep. Mark Green files for divorce

Posted on by Andy Sher

U.S. Rep. Mark Green has filed for divorce from his wife, Camilla “Camie” Green, after more than 30 years of marriage, according to a filing in Montgomery County Circuit Court.

The congressman cites “irreconcilable differences” between the couple who married in 1988. The filing seeks an uncontested divorce.” The couple have no minor children.

His filing includes standard legal language restraining both parties from harassing, threatening, threatening, assaulting, abusing or disparaging each other.

State law also blocks Mark or Camie Green from transferring, assigning, borrowing against, concealing or in any way dissipating or disposing of property without the consent of both parties or an order of the court. It allows them to make expenditures from current income to “maintain the material life standard of life and the usual costs of operating a business.”

In February, Green announced he would not seek reelection only to reverse course shortly later in declaring he would seek a fourth term, after all.

“While my strong desire was to leave Congress at the end of this year, since my announcement, I have received countless calls from constituents, colleagues, and President Trump urging me to reconsider,” Green said in a statement.

Green was not term-limited as chair of the Homeland Security panel. He faces former Nashville mayor and Democrat Megan Berry in the November election.

Camie Green operates Stoney River Farm near Ashland City. The business’ website says the farm is the “home base” of C.A. Eventing and encompasses 170 acres of “gorgeous rolling Tennessee Hills, both wooded and open fields.”

It has a “three-day eventing barn that offers horse boarding as well as hosts several equestrian events every month.” The website says it was originally “built out of necessity” and now includes an 11-stall barn and purchased the original 78 acres for their daughter to develop her skills in eventing, an Olympic sport that has been described as an equestrian triathlon. 

Green was first elected to Congress representing the 7th Congressional District in 2018. A West Point graduate, decorated combat veteran and ER physician who later founded a physician staffing company, he previously served in the Tennessee Senate and has often been mentioned as a possible candidate for governor or the U.S. Senate.

Green has said his most memorable mission in Iraq involved capture of Iraqi dictator Saddam Hussein. In a self-published book, “A Night with Saddam,” Green said he interviewed Hussein following his capture for six hours. 

Green was awarded the Bronze Star, the Air Medal with V Device for Valor and other honors. 

Election Day check-in: 8 things to know before Nov. 5

Posted on by Rory Appleton

The general election is Nov. 5 — 70 days away — but deadlines to register to vote and to request an absentee ballot are soon approaching. Here are eight things to know as you make a voting plan for 2024. 

Who can register to vote? 

Voting is open to anyone who: 

  • Will be at least 18 years old on Election Day.
  • Is a U.S. citizen and Indiana resident.
  • Is not in prison after having been convicted of a crime.
  • Has lived in their voting precinct for at least 30 days prior to the election.

How do I register to vote? 

Hoosiers may register to vote online, by mail or in person. 

The voter registration form may be downloaded here and sent or submitted to your county’s election office or the Indiana Election Division, 302 W. Washington St., Suite 204. 

You may also register to vote at any state Bureau of Motor Vehicles branch if you’re completing a transaction, such as renewing your license.

When is the last day I can register to vote?

Voter registration ends Oct. 7. In-person registration must be completed by the end of business hours and online submissions must be made by midnight.

How can I vote by mail? 

To vote by mail in Indiana, you must have a verifiable reason to do so — such as an illness or disability — and meet all voter registration requirements. 

Absentee voters must fill out an application and return it to a county election office or the Indiana Election Division by Oct. 24. 

Completed ballots must be received by noon Nov. 4, the day before the general election. 

Do I need to bring an ID to vote in person? 

Yes, Indiana law requires all voters to show a valid government ID to vote. Polls will be open from 6 a.m. until 6 p.m. on Election Day. 

Who is running for office? 

In addition to casting ballots in the presidential election, Indiana voters will select a new governor, a U.S. senator and a U.S. representative in each of the state’s nine congressional districts. All seats in the Indiana House of Representatives and many in the Indiana Senate are also up for grabs, as is the state attorney general’s post. 

Also, several school districts are attempting to raise money through state referendums. 

The easiest way to see who will appear on your ballot is to enter your information into the state voter website. 

Ballots are still being finalized in Indiana. State political parties have until Sept. 10 to submit presidential nominees. Vice President Kamala Harris and Minnesota Gov. Tim Walz, the Democratic nominees for president and vice president, may not yet appear on the voter website, but both candidates will be on the November ballot.

Can I vote early? 

Yes. Early voting runs from Oct. 8 through noon Nov. 4. Check with your local county for locations and operating hours. 

How can I report voter fraud? 

You may mail or hand deliver a completed election complaint to the Indiana Election Division. 

A toll-free hotline (866-461-8683) will accept complaints about election fraud or accessibility issues at polling places. 

This story has been updated to include more information on the presidential balloting process.

Contact Rory Appleton on X at @roryehappleton or email him at [email protected].

Insider for August 27, 2024

Posted on by NC Insider

YOU DON’T SAY

“All these voters will be asked to show photo ID again when they vote this year.”

Elections board spokesman Pat Gannon, on a GOP lawsuit calling for a purge of voter registrations due to questions about voter identification. (WRAL News, 8/26/24)

Voter Purge
Will Doran, WRAL News, 8/26/24

Days after the State Board of Elections criticized state and national Republican Party leaders for filing a lawsuit based on “categorically false” allegations about the potential for voter fraud, the GOP is now suing the board again, and with similar claims.

Monday’s complaint is now the second lawsuit making election integrity-related claims that GOP leaders say call into question whether large numbers of immigrants are illegally voting in North Carolina — echoing false claims former President Donald Trump made in the 2016 and 2020 elections. State elections officials say the GOP’s claims are based on a skewed version of the facts, and that the lawsuit’s proposed solution is itself illegal.

Last week the North Carolina Republican Party and the Republican National Committee, who are also behind Monday’s lawsuit, filed a separate lawsuit on the same theme of immigrants signing up to vote. The State Board of Elections, which is governed by a Democratic majority, said at the time that the claims in that lawsuit “undermine voter confidence on an entirely false premise.”

The new lawsuit filed Monday claims that nearly a quarter of a million people were allowed to register to vote in North Carolina without proving their identity. It asks for a federal judge to potentially order the state to revoke all those people’s voter registrations, making them ineligible to cast a ballot in the 2024 elections unless they re-register in the next few months.

A spokesman for the elections board told WRAL that the solution the lawsuit is seeking, to remove those voters from the rolls, is illegal because it’s now so close to the election. Mail-in ballots will start going out to voters in September, and early voting starts in October.

The elections board acknowledges some issues in the database of voter information but says the GOP lawsuit both exaggerates and misunderstands those issues. Regardless, elections board spokesman Pat Gannon said, those issues have been public knowledge for months now — and yet the GOP waited to file its lawsuit until several weeks after the passing of the deadline to purge voters from the rolls.

“The lawsuit is asking for a rapid-fire voter removal program that violates federal law,” Gannon said.

The Republican Party leaders claim in their lawsuit that some of the people in the database without matching information could be immigrants illegally registered to vote, although it offers no evidence of such cases. It adds that the state elections board’s lack of action to purge the voters so far “eviscerates confidence in North Carolina’s elections” and calls into question the state’s commitment to fair elections.

“Free and fair elections are the bulwark of the citizenry’s trust in their government,” the lawsuit states. “Ensuring that qualified voters — and only qualified voters — are able to vote in elections is the cornerstone of that compact between the state and its citizens.”

Specifically, the lawsuit claims that the 225,000 people in question were allowed to sign up to vote without providing their driver’s license or the last four digits of their social security number, in violation of a federal law called HAVA.

Gannon said HAVA only became law in 2005, and many North Carolinians registered to vote before then, when the rules didn’t apply. He also noted that in other more recent cases, the mere fact that someone’s social security number or driver’s license number doesn’t appear in a database doesn’t necessarily mean they didn’t provide that information when registering to vote. The issues could be due to human error by data entry workers, or other causes.

“Database match problems are well documented, especially with the Social Security Administration,” Gannon said. “A common reason is a variation between married and maiden names in different government databases. These voters are also included in the [GOP]’s alleged figures.”

Earlier this year, a conservative election integrity activist filed a similar complaint against the elections board regarding HAVA and the voter database. The election board’s members — three Democrats and two Republicans — voted unanimously to dismiss her complaint as being unfounded.

As for the GOP lawsuit over alleged HAVA violations, Gannon added that even if someone did slip through the cracks and register to vote under a fake name by never providing a driver’s license or social security number, there’s another failsafe in place: North Carolina’s voter ID laws, which will require voters to show proof of identification when they go to the polls this year.

“In any event, all these voters will be asked to show photo ID again when they vote this year,” Gannon said. [Source]

Child Fatalities
Matthew Sasser, State Affairs Pro, 8/26/24

The Child Fatality Task Force will convene in a series of meetings over the next few months in anticipation of submitting its annual report to the General Assembly prior to the legislative session. Kella Hatcher, executive director of the Child Fatality Task Force, said this study cycle over the next few months will include three meetings each of the Intentional Death, Unintentional Death and Perinatal Health subcommittees. Three meetings of the Child Fatality Task Force will consider recommendations from the subcommittees to propose to the General Assembly. Hatcher noted that although the task force’s 2024 recommendations received little traction, 2023 saw legislative successes on various fronts.

Task force recommendations that were passed included funding for the State Office of Child Fatality Prevention with the North Carolina Department of Health and Human Services, which was restructured and strengthened through the 2023 budget — $550,000 was allotted for the operational costs of the office, and $189,000 was distributed across all 100 counties for the 2024-25 fiscal year to support changes in child death review teams. North Carolina’s Safe Surrender Law was amended in 2023 to allow parents to legally and anonymously surrender an infant up to 30 days old to a designated safe person, defined as a health care provider, first responder or on-duty social worker.

Other task force recommendations addressed in 2023 included passing a firearm safe storage and prevention law, creating funding for resources to prevent sleep-related infant deaths, increasing funding to increase the Medicaid maternal bundle rate to improve birth outcomes, and funding for comprehensive toxicology testing for all medical-examiner jurisdiction child deaths. Yearslong advocacy for increasing funding for more school nurses, social workers, counselors and psychologists was partially addressed in last year’s budget, Hatcher added.

“We’re far below nationally recommended ratios on those positions, and they play a really important role with suicide prevention and promotion of mental health and identifying kids in crisis,” Hatcher said, adding that the 120 positions approved for funding fell far short of the existing need.

When Hatcher last Thursday provided a legislative update on the task force’s 2024 recommendations to the second meeting of the Perinatal Health Committee of the year, she acknowledged the update would be short and sweet. “As our legislative members know, there’s not a lot to tell you about what happened with respect to task force recommendations [in 2024],” Hatcher said, with Sen. Jim Burgin, R-Harnett; Sen. Gale Adcock, D-Wake; and Rep. Carla D. Cunningham, D-Mecklenburg, in virtual attendance.

“The fact that the Legislature has not passed a comprehensive budget bill this year means there wasn’t the same sort of opportunity for our recommendations to be addressed,” Hatcher added in a follow-up interview with State Affairs.

A partial 2024 General Assembly victory from a task force recommendation was securing $67.5 million in funding toward child care centers, which face losing federal dollars. Like the school nurse and social worker funding, Hatcher said, the approved funding does not rise to the need experts say exists. Hatcher credits state legislators who have championed task force recommendations and passed corresponding legislation. Though 2023 saw legislative movement on issues that had been percolating for years, Hatcher said 2024 recommendations such as legislation to address addictive algorithms in social media, Medicaid reimbursement of doula services and support for Fetal and Infant Mortality Reviews could return to their recommendation list for the longer legislative session.

“We’re often revisiting [former recommendations] because the issues that prompted the task force to make a recommendation are still an issue,” Hatcher said. “They haven’t gone away.” The Child Fatality Task Force will submit its annual report with General Assembly recommendations before the 2025 long session begins.

NIL Lawsuit
Brian Murphy, WRAL News, 8/26/24

One of the state’s top high school quarterbacks is suing the state over its name, image and likeness prohibitions for public school athletes. The complaint was filed Friday in Wake County Superior Court by Rolanda Brandon on behalf of her son, Greensboro Grimsley High School quarterback Faizon Brandon, ranked as the No. 1 prospect in the nation and a Tennessee commit.

The lawsuit names the North Carolina State Board of Education and the North Carolina Department of Public Instruction as defendants.

The complaint alleges that the State Board of Education exceeded its authority under state law to “regulate” the use of name, image and likeness by public school athletes by instead prohibiting it altogether in June. “This plainly exceeded the Board’s authority under Senate Bill 452, which explicitly charges the Board to develop regulations under which athletes’ will ‘use’ their NIL for commercial purposes,” the lawsuit states.

Rolanda Brandon declined comment on the lawsuit.

The lawsuit asks the court to throw out the state board’s policy on NIL. It does not seek monetary damages or awards for Brandon.

Senate Bill 452 is largely about insurance laws, but state lawmakers, who have been feuding with the athletic association for several years, tacked on an entire section to change oversight of public school athletics, giving the state board power to make rules about eligibility, academic standards and transfers as well as name, image and likeness.

The North Carolina High School Athletic Association approved a policy in 2023 that would have allowed athletes to profit off their NIL, but state lawmakers acted quickly to stop that and it never went into effect.

The rule passed in June impacts players on teams that compete in the North Carolina High School Athletic Association, which is made up of public and a handful of parochial schools. Athletes on private-school teams that compete in the North Carolina Independent School Athletic Association are free to use their name, image and likeness to make money.

There are about 100 schools in the NCISAA.

Grimsley High School is a member of the NCHSAA. “The NCHSAA has neither rule nor policy regarding NIL, as that authority lies with the State Board of Education,” said Que Tucker, commissioner of the NCHSAA.

David Sanders, Jr., like Brandon a five-star prospect and a Tennessee commit, plays for Providence Day School in Charlotte and has an entire website dedicated to selling merchandise with his image.

Thirty-eight states, plus the District of Columbia, allow high school athletes to use their name, image and likeness.

“The Board’s NIL Prohibition is not just inconsistent with the overwhelming majority of states nationally, but it is inconsistent with NIL policy in North Carolina, itself,” the lawsuit states.

North Carolina’s prohibition states that no student participating in athletics shall enter into any agreement to use the student’s name, image or likeness in public appearances, commercials, autograph signings, athletic camps or clinics, product or service endorsements or promotional activities, including in-person event or social media ads.

A lawyer working on Brandon’s behalf requested a meeting with State Board of Education Chairman Eric Davis several times in June and July. Those requests were denied.

The state board has said the rule is a temporary one for the 2024-25 school year. The board is “beginning the process to adopt a permanent rule for the 2025-26 school year and beyond,” said Allison Schafer, the general counsel for the state board, in a letter included in the complaint. [Source]

Gas Pollution
Adam Wagner, The News & Observer, 8/26/24

From Helena Moriah Road, the planned site of the Moriah Energy Center disappears up a dirt driveway and behind a large dirt mound. Nearby residents and environmental groups are worried about the air pollution that will float over that dirt and into homes along the rural Person County roads if Dominion Energy is allowed to move forward with a planned liquefied natural gas storage facility on the site, near Rougemont.

Dominion plans to build the facility in two phases, with a pair of towering tanks capable of holding up to 25 million gallons of liquefied natural gas, or gas that is cooled down to extremely low temperatures in order to be shrunk and stored more easily. When the gas is needed, Dominion would heat it back up and inject it into a nearby pipeline, with the gas in each tank expanding to as much as two billion cubic feet.

The company is seeking a minor air permit from the N.C. Department of Air Quality, the final approval Dominion needs before it can start construction on the Moriah Energy Center. Emissions come when the facility is heating and cooling gas, but also when it burns off the non-methane chemicals that are removed before the gas is cooled. Dominion’s calculations of its air pollution likely underestimate how much formaldehyde, acrolein and other toxins will be emitted from the natural gas facility, a coalition of more than a dozen environmental groups told DAQ in a comment letter.

Some of those undercounts could be so significant, they said, that Dominion should be required to seek a more stringent major air permit and conduct constant monitoring around the plant. During a public hearing in early August, dozens of residents from Person County and nearby Durham urged the Department of Air Quality to reject Dominion’s permit. If nothing else, they said, the company should be monitoring the air.

“I was shocked to learn that regular air quality monitoring is not a requirement for this facility. People just assume that air pollution monitoring will be in place to ensure compliance with standards,” Julie Nye, who lives a mile from the site, said at the hearing before asking for “robust, ongoing” monitoring if the permit is not denied.

Formaldehyde is one of the chemicals environmental groups are particularly concerned about. It was one of four air pollutants for which DAQ required Dominion to model concentrations, along with acrolein, benzene and hexane. All four are toxic. Dominion had to show its emissions would keep air concentrations in surrounding communities below levels considered dangerous. There are two air monitors that measure formaldehyde from North Carolina industrial facilities, representatives from groups like Appalachian Voices, the Blue Ridge Environmental Defense League, the Environmental Defense Fund and the Person County Community Action Network noted in a comment letter. Those monitors have measured formaldehyde concentrations that are 1.4 and 1.8 times higher than the maximum shown in the model for nearby facilities, while national data indicates that formaldehyde emissions are usually twice as high as models show.

If Dominion’s formaldehyde emissions are higher by the same proportion as the two other North Carolina facilities, the Moriah Energy Center would cause concentrations in nearby air to be out of compliance with federal standards. Dominion insists that its models are based on technical data required by North Carolina air quality officials who then signed off on the company’s estimates. “Dominion Energy is confident in its air dispersion modeling, which was conducted in accordance with NCDEQ regulations and was submitted to the agency for verification. The modeling demonstrates that the Moriah Energy Center would operate below acceptable ambient levels (AAL), which have been established to be protective of human health,” Persida Montanez, a Dominion Energy spokeswoman, wrote in an email.

In August, researchers from Cornell University, the Environmental Defense Fund and the University of Oklahoma published a peer-reviewed study that found measured benzene levels near refineries were between three and 95 times higher than model predictions based on self-reported emissions during unplanned releases at 14 Texas refineries between 2019 and 2022. When there are discrepancies between measured and modeled concentrations, that means either the models themselves are flawed or information such as emissions that is being put into the model is inaccurate, Libby Mohr, the Environmental Defense Fund’s petrochemicals team senior data analyst and one of the study’s authors, told The News & Observer. The public comment period has closed, and DAQ is now considering the application. [Source]
 
CMS Records
Ann Doss Helms, WFAE Radio, 8/26/24

Charlotte-Mecklenburg Schools violated North Carolina’s public records law by withholding a tally of rapes and sexual assaults at schools from WBTV reporter Nick Ochsner, according to a court-appointed mediator’s report.

The tally, which came to light only when a confidential source provided it to Ochsner in May, lists reports of sexual offenses from 2010 to 2015. It summarizes what was reported, where the incident took place and what disciplinary action resulted but has all identifying information about students blacked out. WBTV sued CMS in 2021 for access to records related to such incidents. Several students accused CMS of mishandling sexual assault reports at Myers Park High and other schools.

In 2023 Stephen Dunn was appointed “special master” to handle mediation between CMS and WBTV over whether the district was following the state’s public records law. Dunn reviewed affidavits and documents, including a closed-door look at documents that might be deemed confidential.

Dunn’s report says CMS never produced the tally that Ochsner published in May. He says CMS told him in a report and in an affidavit from General Counsel André Mayes that “no such records exist.”

Dunn revisited the case in June, after WBTV reported on and released the leaked tally. In a report released Friday, Dunn concluded that CMS and Mayes had falsely reported that the records did not exist and improperly withheld them from WBTV and from Dunn himself.

CMS sent Dunn’s report to the media just after 7 p.m. Friday with this statement from the Board of Education: “While the Board is disappointed and disagrees with the Special Master’s determination, at all times during this litigation, we were acting in the best interest of the students by protecting the confidentiality of student information.” [Source]
Superintendent Reflections
Ann Doss Helms, WFAE Radio, 8/26/24

One of North Carolina Superintendent Catherine Truitt’s big wins during her four-year term was the General Assembly’s 2021 vote to mandate changes in the way students are taught to read.

In 2021, a few months after Truitt took office, lawmakers mandated that all elementary and pre-kindergarten teachers take extensive training on literacy instruction. The course, called LETRS, guides teachers in making sure children learn the sounds letters make, how they combine to form words, what those words mean and how to read fluently. That step-by-step instruction had not always been part of the curriculum, and it was something Truitt desperately wanted to see. “That alone is why I ran for this role, was our reading scores,” Truitt said in a recent interview with WFAE.

Truitt has proudly reported on significant gains on North Carolina’s early-grades reading assessments. But when state test scores for older students are released next week, Truitt says the state will still be a long way from its goal of universal proficiency. “We’re five years away from that at least,” she said.

Truitt was defeated in the March Republican primary. She still has four months left in her term. But as I neared the end of my 22-year stint covering education in North Carolina, Truitt sat down for a 45-minute “exit interview.”

“I had a lot of people who were ready to write me off simply because I had an R by my name, and a lot of people who work in education have a D by their name,” she said. “And I worked very hard to put those fears to rest by speaking to groups that were left-leaning groups instead of right-leaning groups. I hired people who probably didn’t vote the same way I do. … I think that in doing so, I cost myself the election.”

Truitt is a former high school English teacher who served as an education adviser to Republican Gov. Pat McCrory. She was chancellor of the private Western Governors University of North Carolina when she ran for state superintendent in 2020. When she won, she became only the second Republican, after her predecessor Mark Johnson, to hold that post.

The General Assembly holds most of the policy power over public education, and the GOP has controlled both houses throughout Truitt’s tenure. Nonetheless, she’s hit plenty of roadblocks in her efforts to restructure the system. But the LETRS training was an easy sell, as policymakers across America reexamined how reading should be taught.

Mississippi, the first to adopt LETRS on a statewide basis, has seen significant gains in elementary reading scores. But its proficiency levels remain similar to North Carolina’s in elementary school — and worse than North Carolina’s in middle school.

Truitt says teaching all students to read well is one key to overcoming the persistent racial and economic gaps that occur across the nation.

Truitt says she’s proud of another success: the creation of the state’s Portrait of a Graduate, a framework for refocusing schools on career preparation, including the development of skills such as collaboration, communication, critical thinking and empathy.

The goal, she said, is “getting districts to help our teachers and our students and their parents think differently about what the purpose of K-12 school is, that crossing the graduation stage is not an ending but a beginning. The goal should be to graduate and be employed, enlisted (or) enrolled.” But she never managed to persuade state lawmakers to revise the state’s school performance grades to incorporate those elements. And she spent much of her term pitching a “Pathways to Excellence” plan to revamp the way teachers are licensed and paid. It met with opposition from teachers, got a tepid response from the state Board of Education and so far has inspired no action from the General Assembly.

Truitt said she thinks she could have made progress on grading and teacher licensure with another term. Both, she said, are complex concepts that require building trust with different groups, including lawmakers who may have competing priorities.

Truitt was beaten in the primary by Michele Morrow. During the campaign, Morrow cast Truitt as not conservative enough and a poor steward of public money.

“I’m not an anomaly. There were a lot of moderate Republicans who lost,” Truitt said. “I could have moved further right during the primary, but that wasn’t me.”

Maurice “Mo” Green is the Democratic candidate. He served as deputy superintendent in Charlotte-Mecklenburg Schools and superintendent of Guilford County Schools before taking a job with the Z. Smith Reynolds Foundation.

Truitt says neither candidate has asked for her endorsement, and she doesn’t plan to offer one. [Source]

Protest Hearings
Tammy Grubb, The News & Observer, 8/26/24

Pro-Palestinian protesters arrested at UNC-Chapel Hill this spring returned to court for a Monday hearing in Hillsborough. Supporters and defendants filled five rows in Orange County District Court. The hearing was largely uneventful until a conservative political journalist used a courtroom break to take photos of the protest defendants.

The group gathered at the back of the courtroom to block the woman’s efforts, and she moved to another seat, posting the photos she obtained to X.

“I’m Jewish,” said Sloan Rachmuth, president of the Education First Alliance, when asked why she was taking photos of people in the courtroom. “I want to make sure I’m safe. I want to make sure these guys get justice.” Nineteen of 39 people arrested in April and May protests will go to trial Oct. 31 and Nov. 14, defense attorney Gina Balamucki said after Monday’s court appearance.

Another 18 defendants have not decided yet whether to accept plea bargains, she said. If a District Court judge finds any of them guilty, they can then appeal to Superior Court for a jury trial, Balamucki said.

It’s pretty rare to see someone convicted of second-degree trespassing without having committed another crime, she said. “Prosecutors all over the country have dismissed these trespassing charges against university pro-Palestinian protesters,” Balamucki said, including the University of Texas at Austin, Arizona State University, Indiana State University and Columbia University. “In addition, all the defendants are university students, they are community members, and the vast majority have no criminal history at all,” Balamucki said.

“Most of the students have already faced university sanctions, including suspension, and as a defense team, we have asked District Attorney (Jeff) Nieman is it worth spending taxpayer dollars going after these young people … who were simply exercising their constitutional right to protest.”

Student protesters returned to campus last week for the fall semester, prompting two demonstrations on campus and in downtown Chapel Hill, where graffiti was left Saturday night on the East Franklin Street courthouse. The graffiti called for “Death to Cops” and to “Burn the Prisons,” town officials said. District Attorney Jeff Nieman has offered plea deals ranging from deferred prosecution to a conditional discharge to the 39 protesters charged this spring with pro-Palestinian demonstrations in Chapel Hill. Balamucki said the prosecution has offered to dismiss the charges if the defendants complete roughly 24 to 36 hours of community service and pay any fines. [Source]

DMV Kiosks
Evan Moore, The Charlotte Observer, 8/26/24

The N.C. Division of Motor Vehicles added six more self-service kiosks at Harris Teeter stores in Charlotte and the Raleigh area after an initial rollout in March, bringing the grand total to nine.

The kiosks allow people to complete DMV transactions that don’t require an office visit, such as renewing a driver’s license or state ID. So far, there have been 4,400 transactions at kiosks in the state, DMV Commissioner Wayne Goodwin said Monday during the unveiling of a new kiosk in a Charlotte grocery store.

The self-service machines are one way the DMV is working to resolve frustrations with services. Goodwin blamed monthslong waits for appointments and daylong trips to driver’s license offices on North Carolina’s rapid population growth, especially in Charlotte and Raleigh, The Charlotte Observer previously reported.

Goodwin said his goals when he first took on the role of commissioner in 2022 were “short lines, short wait times and to modernize our operations and technology to improve customer service.” “This kiosk pilot is a perfect example of how we are working to achieve those goals,” he added.

NCDMV plans to add a tenth kiosk at Fort Liberty later this year, and more can be expected as transaction thresholds are achieved, according to a release from the agency. If the machines work well and prove popular, Goodwin told the Observer in March he’d eventually like to see more than 100 across the state, mostly in metro areas where the agency’s offices are most crowded. [Source] 

Militia Report
Holly Jackson, The Washington Daily News, 8/23/24

ProPublica, a nonprofit organization dedicated to investigative journalism, published an article on Aug. 17 that linked Beaufort County Sheriff Scott Hammonds and North Carolina House Representative Keith Kidwell, R-Beaufort, to militia group American Patriots Three Percent or AP3.

ProPublica defines AP3 as one of the largest militias in the United States whose membership includes law enforcement officers, convicted criminals, active-duty U.S. soldiers, small business owners, truck drivers and health care professionals.

ProPublica reported that AP3 has a “vague but militant right-wing ideology, a pronounced sense of grievance and a commitment to armed action.”

ProPublica interviewed Burley Ross, of Pinetown, who is the leader of the North Carolina AP3 chapter. In the interview, Ross implicated Hammonds and Kidwell by giving their titles as sheriff of Beaufort County and Representative, but not their names. ProPublica listed Hammonds and Kidwell’s names in their article.

In internal chats that ProPublica obtained, Ross alleged that Hammonds and Kidwell are “off the books” members of AP3. Neither Ross nor ProPublica defined what “off the books” meant.

Hammonds responded to the ProPublica article in an interview with the Daily News.

“I have no knowledge of what he is talking about,” Hammonds said, referring to Ross. “I am not familiar with him. I don’t have any affiliation or any association with him or any AP3 affiliation or any white supremacists or right-wing training groups – whether that’s radicals or extremists.”    ProPublica wrote that they “could not independently confirm Hammonds’ relationship with the group.”

Kidwell did not respond to a request for comment from the Daily News. [Source] 

Arts School
Mary Helen Moore, The News & Observer, 8/26/24

On the first day of school Monday, students streaming into Durham School of the Arts before the 8:30 a.m. bell knew this was one of the last years they’d be on the historic downtown campus. The Durham school board voted unanimously Thursday night to close the school and build a replacement several miles away. It will have more classrooms and better arts facilities and be big enough to serve hundreds more students.

The new school is scheduled to open in 2026. After the new college-esque campus was first approved in late 2023, opponents mounted a last-ditch effort against the move, citing the ballooning cost — at least $241 million — and the value of having arts students in historic downtown. But school board member Natalie Beyer said building a new arts school was clearly the “will of the voters,” who in 2022 approved a school construction bond with 83% of the vote. DSA was the premier item, at the time projected to use a quarter of the $425 million raised.

Now, DSA will take more than half of the money, putting off renovations for several elementary schools. The school’s current brick campus is on nearly 17 acres on the edge of downtown, sandwiched between North Duke and North Gregson streets with nowhere to grow. The oldest of the eight buildings was constructed in 1922. A consultant said three years ago it was unsafe, outdated and tied up traffic at pickup and drop-off times. Over a decade ago, the school system paid $4.1 million for the 57-acre property on Duke Homestead Road where DSA will move, land records show. The property is about 3.5 miles away, on the north side of Interstate 85. [Source]

Unemployment Rate
Kenneth Lee Jr., WFAE Radio, 8/26/24

North Carolina’s unemployment rate in July was the highest it’s been in the past year and a half. The state’s unemployment rate in July was 3.7%, according to the most recent data from the state commerce department. The rate has been trending upward since May of last year when it was 3.3%. The biggest losses over the past year were in the manufacturing and information sectors. The biggest gains were in the education and health services areas.

The national unemployment rate was 4.3%in July.  That’s the highest it’s been since October 2021. This week, the Department of Commerce will release July unemployment figures for all 100 state counties. [Source]

Apprenticeship Program
Neal Charnoff, WFDD Radio, 8/26/24

Gov. Roy Cooper has announced a new apprenticeship program grant to help provide pathways to high-demand jobs in North Carolina. A $4 million federal grant has been earmarked for the North Carolina Business Committee of Education (NCBCE). The funding comes from an effort by the U.S. Department of Labor to help expand Registered Apprenticeship Programs (RAPS).

A statewide youth apprenticeship program will be created by NCBCE’s NC Career Launch, aimed at generating an employee pipeline through public schools and workforce training initiatives.

According to a news release, apprenticeships will combine paid on-the-job training with formal classroom instruction and mentorship. The project will encompass a variety of fields including advanced manufacturing, clean energy, early childhood education, health care and information technology. Officials also aim to address equity gaps in RAPs and launch options for students with autism and intellectual disabilities. [Source]

Clerks Organization
Donna Swicegood, Statesville Record & Landmark, 8/24/24

Iredell County Clerk of Superior Court, James “Jim” Lee Mixson III, was recently sworn in as the president of the North Carolina Conference of Clerks of Superior Court.

“Serving as the president of Conference of Clerks of Superior Court is an honor and, in many ways, the high point of my career,” said Mixson. Mixson has served as Iredell County’s Clerk of Superior Court since 2012. He was recognized by his peers throughout the state in 2021 for his work as chairman of the Conference of NC Clerks of Superior’s Training Committee.

He was presented the “Boots on the Ground Award” by the conference for his leadership in developing innovative means of delivering training to North Carolina’s elected, assistant and deputy clerks of court during the pandemic.

In addition to serving as the chairman of the training committee, Mixson has also served on the Conference of Clerks of Superior Court’s technology, legislative and public relations committees. In addition, Mixson has previously served as the conference’s treasurer, secretary, second vice president and first vice president.

The Conference of Clerks of Superior Court was created in 2006 by the N.C. General Assembly to improve the administration of justice in North Carolina. The conference, consisting of the 100 elected clerks from across the state and supported by an executive director and administrative staff, works to improve public accessibility to the courts through the Clerks of Superior Court, serve as a resource for the clerks in key areas of court administration, and to act as a liaison on behalf of all elected Clerks of Superior Court to both governmental and nongovernmental stakeholders. [Source]

Quarry Explosions
Jimmy Potts, Richmond County Daily Journal, 8/23/24

More than 20 residents of Piney Grove and Galestown blame explosions from a nearby quarry for damage to their home’s foundations, and met to discuss their issues during a town forum at the Piney Grove and Galestown Community Center Thursday.

The event, spearheaded by resident Yolanda Steele, created a forum to express their frustrations with Vulcan Materials Company, who many blamed its nearby mining operation for costly damages to their homes.

While explosions from the quarry had become a natural occurrence for Yolanda, and her husband Curtis, said last week a large explosion shuddered their home, and then they felt a much larger explosion underneath them. Looking to see the extent of the damage, they discovered a large hole in the northern wall and sections of their brick wall half-buried in the ground, as if shot out by the home. With the second floor sagging, Dry-Pro Foundation and Crawlspace Specialists made emergency repairs at a cost of $20,000.

In previous conversations with Vulcan, the company informed her that studies done by the company indicated explosions related to mining operations were not strong enough to cause damage to foundations. Steele contends an individual explosion may not be strong enough, but constant explosions over time lead to ground shifting. Following Thursday’s forum, Steele and her husband toured multiple homes in the area with significant foundation issues, likening what happened to the homes to sifting rocks from sand.

Steele was far from alone Thursday with many residents saying the explosions have become an endemic part of daily life.

Many in the community do not believe Vulcan Materials Company is solely to blame. They also reached out to county and state officials for assistance with no success. [Source]
Tribal Recognition
Sydnee Scofield, WTVD News, 8/25/24

The Coharie Indian Tribe received a historic marker that members described as an honor generations in the making. “Our parents, our ancestors, they have been striving for this for over a hundred years,” lifelong tribe member Valerie Sweatt told ABC11.

The tribe was officially honored with North Carolina Historical Markers along Highway 421, at the site of their historic tribal school. The Coharie Tribe is believed to have descended from several local tribes living in Sampson County since the 1700s, pushed to the banks of the Coharie River because of the Indian Removal Act.

Their tribal school near Clinton was built in 1901, it served as an important piece of the tribe’s history. Due to segregation, it was the only school their children were allowed to attend for decades.

After integration, the school now serves as their tribal headquarters. The tribe now being honored with the historical markers brings mixed emotions for so many.

“There’s a million emotions circulating inside of me, and half of it’s holding back tears of sympathy for those that were not as lucky as I am to see this day,” Tribal Chairman Greg Jacobs told ABC11. “It’s been a long time coming but the world is changing and the identity of Native American people as honorable people it’s being spoken in books and magazines, on TV, here today at this dedication.” [Source]

Surry Growth
Tom Joyce, Mt. Airy News, 8/25/24

When pursuing economic development in a county, some factors are beyond its control — such as labor costs set by market conditions — but others can be directed, including providing “product” that Surry now lacks, a state industry recruiter says.

Much effort might be devoted to seeking outside companies, keynote speaker Chris Chung said Thursday afternoon during the annual meeting of the Surry County Economic Development Partnership at Cross Creek Country Club. But the key question, he added, is where are industries going to locate as far as available sites and existing buildings that are suitable — the definition of “product.”

“And that is a challenge Surry County is dealing with,” said Chung, the CEO of the Economic Development Partnership of North Carolina (EDPNC). It is a public-private organization that seeks to attract new businesses and encourages existing ones to expand in the state.

“It’s not just about recruiting companies from outside,” Chung told the Cross Creek gathering of about 200 business and civic leaders, elected officials and educators from across Surry — believed to be record attendance for an annual county Partnership meeting. “The challenge is, there’s nowhere for these companies to go in the next 12 to 24 months,” Chung said of the relatively rapid time frame for industries to make such moves.

Surry County must pass on a lot of opportunities due to lack of product, according to the state economic official, whose group has brought Toyota to Randolph County among other recent accomplishments.

Chung said the good news is, much energy — of the type that brought a full house to the large dining room at the country club Thursday — is being directed toward what he called its top need.

Meanwhile, Surry County is well-positioned for other areas besides product, in terms of adhering to additional top site-selection factors such as the availability of skilled labor.

“Surry Community College is a great example,” Chung said of how it is a tremendous asset in being able to gear up training programs to meet employee needs of companies here. Local officials also are doing a good job addressing other growth factors, such as having quality-of-life assets, maintaining good tax rates and offering incentives.

The latter was evidenced by an announcement later during Thursday’s meeting about a local company, cloaked by the code name “Project Vista.” It has decided to expand into a 140,000-square-foot facility to be built at Mount Airy’s Westwood Industrial Park. That move is being fueled by incentives including city and county property tax abatements and the donation of 25 acres of land in the municipal-owned park. [Source]


Deputy AG
Amalia Roy, WNCN News, 8/26/24

Special Deputy Attorney General Torrey Dixon is on administrative leave after his weekend arrest in Raleigh on public indecency and intoxication charges. Court records say Dixon had been shouting insults and obscenities at others around him, including threatening assault. Arrest warrants also say Dixon exposed himself on the corner of Glenwood Avenue and Blue Ridge Road in front of other people and cars. According to sources, Dixon was scheduled to participate in the Men Wear Pink Fashion Show at Crabtree Valley Mall for the American Cancer Society. Organizers say they blocked him from entering because he appeared intoxicated. Dixon has been with the North Carolina Attorney General’s Office since 2009, according to his LinkedIn account. The N.C. Department of Justice told CBS 17 that Dixon is now on administrative leave. Dixon’s next court appearance is Sept. 24. [Source] 

Teacher Scholarship
Brianna Atkinson, WUNC Radio, 8/26/24

A new scholarship program at North Carolina Central University is paying for local teachers to become principals. It includes 16 educators from across the state. All currently teach elementary, middle or high school students in rural districts. The scholarship will cover the teachers’ master’s degrees and give money to their school districts to supplement their paychecks.

In the first year, the educators will continue to teach in their classrooms while taking online courses at NC Central. The next will be spent as principals-in-training in their school districts. They will learn how to set a vision for a public school, address chronic absenteeism and other roles of school leadership.

The program is being funded by a $1.5 million partnership with The Innovation Project (TIP), a nonprofit education organization. It includes eight rural school districts: Asheboro, Edgecombe, Elizabeth City-Pasquotank, Mt. Airy, Lexington, Sampson, Vance, and Warren County Schools.

According to a 2023 report from the National Rural Education Association, North Carolina has the second-highest rural school student population in the U.S.

Sharon Contreras, the CEO of The Innovation Project. She said the nonprofit organization is using funds from the U.S. Department of Education and the NC Department of Instruction to fund the scholarship program. [Source]  Polk HospitalJane Winik Sartwell, Carolina Public Press, 8/26/24

AdventHealth will take over management of community-owned St. Luke’s Hospital in Polk County in October. The deal includes the Columbus hospital’s satellite physicians’ offices and clinics. This serves as yet another addition to AdventHealth’s growing presence in Western North Carolina’s healthcare system.

St. Luke’s is a 25-bed critical access hospital — a designation the Centers for Medicare and Medicaid give to hospitals that provide services to rural, underserved regions. In October, St. Luke’s Hospital will officially become AdventHealth Polk.

Despite the hospital’s name, St. Luke’s Hospital had no religious affiliation prior to this deal with AdventHealth, a Florida-based nonprofit under the Seventh Day Adventist Church that operates 50 hospitals across nine states.

Atrium Health has managed the hospital for more than a decade. According to members of St. Luke’s Hospital’s board, Atrium Health is downsizing operations and taking less of an interest in managing rural hospitals.

St. Luke’s Hospital and AdventHealth entered into a 20-year lease agreement, with an option to extend another 20 years at the end of the contract. Financial details are not yet available, with governmental and regulatory approvals still pending. [Source]
 
NC Insider Legislative Report
LB: LEGISLATIVE BUILDING. LOB: LEGISLATIVE OFFICE BUILDING
HOUSE CALENDARMonday, Sept. 9, 2024House Convenes at 12 P.M.SENATE CALENDARMonday, Sept. 9, 2024Senate Convenes at 12 P.M.HOUSE & SENATE: Reconvening allowed under provisions of SB 916, if no sine die adjournment previously adopted.Monday, Sept. 9 to Wednesday, Sept. 11Wednesday, Oct. 9Tuesday, Nov. 19 to Friday Nov. 22Wednesday, Dec. 11 to Friday Dec. 13
 
Legislative Studies and Meetings
LB: LEGISLATIVE BUILDING. LOB: LEGISLATIVE OFFICE BUILDING
Thursday, August 291 p.m. | Agriculture and Forestry Awareness Study Commission, Ed Emory Auditorium, Kenansville.
 
N.C. Government Meetings and Hearings
BOLD ITEMS ARE NEW LISTINGS
Tuesday, Aug. 271 p.m. | Coastal Resources Commission Meeting, Beaufort Hotel 2440 Lennoxville Road, Beaufort.Wednesday, Aug. 289 a.m. | Coastal Resources Commission Meeting, Beaufort Hotel 2440 Lennoxville Road, Beaufort.10 a.m. | North Carolina Rules Review Commission  – Rules Review Commission Meeting, 1711 New Hope Church Road, Raleigh.1 p.m. | NC Global TransPark Authority  – Executive Committee Meeting, 2780 Jetport Road, Kinston. Tuesday, Sept. 31:30 p.m. | The Accountability Committee of The North Carolina Partnership for Children meets, The meeting will be held via Zoom. You may contact Yvonne Huntley at 984.221.1242 or email at [email protected] for additional information.Friday, Sept. 610 a.m. | The Finance and Audit Committee of The North Carolina Partnership for Children meets, The meeting will be held via Zoom. You may contact Yvonne Huntley at 984.221.1242 or email at [email protected] for additional information.Tuesday, Sept. 108:30 a.m. | The Fund Development Committee of The North Carolina Partnership for Children meets, The meeting will be held via Zoom. You may contact Yvonne Huntley at 984.221.1242 or email at [email protected] for additional information.Tuesday, Sept. 1710 a.m. | The North Carolina Partnership for Children Board of Directors meets. You may contact Yvonne Huntley at 984.221.1242 or email at [email protected] for additional information.
 
UNC Board of Governors
23 S. WEST STREET, SUITE 1800, RALEIGH
Wednesday, Sept. 11Meeting of the Board of Governors, TBA.Thursday, Sept. 12Meeting of the Board of Governors, TBA.Thursday, Oct. 17Meeting of the Board of Governors, TBA.Wednesday, Nov. 13Meeting of the Board of Governors, TBA.Thursday, Nov. 14Meeting of the Board of Governors, TBA.
 N.C. Utilities Commission Hearing Schedule
DOBBS BUILDING, 430 NORTH SALISBURY STREET, RALEIGH
Monday, Sept. 161 p.m. | Public and Expert Witness Hearing – Application Pursuant to G.S. 62-133.2 and Commission Rule R8-55 relating to Fuel and Fuel-related Charge Adjustments for Electric Utilities | E-2 Sub 13411 p.m. | Public and Expert Witness Hearing – Application pursuant to G.S. 62-133.9 and Commission Rule R8-69 for Approval of Demand-Side Management and Energy Efficiency Cost Recovery Rider | E-2 Sub 13421 p.m. | Public and Expert Witness Hearing – Application Pursuant to G.S. 62-133.8 and Commission Rule R8-67 for Approval of CEPS Compliance Report and CEPS Cost Recovery Rider | E-2 Sub 13431 p.m. | Public and Expert Witness Hearing – Application pursuant to G.S. 62-110.8 and Commission Rule R8-71 for Approval of CPRE Compliance Report and CPRE Cost Recovery Rider | E-2 Sub 13441 p.m. | Public and Expert Witness Hearing – Application pursuant to G.S. 62-133.2 and Commission Rule R8-70 relating to Joint Agency Asset Cost Recovery Rider | E-2 Sub 1345Tuesday, Sept. 1710 a.m. | Expert Witness Hearing – Application for General Rate Increase for Piedmont Natural Gas Company, Inc. | G-9 Sub 837
 
Other Meetings and Events of Interest
BOLD ITEMS ARE NEW LISTINGS
Tuesday, Aug. 2710 a.m. | Agriculture Commissioner Steve Troxler will host top Food and Drug Administration and U.S. Department of Agriculture leaders, plus other national and state leaders to discuss the emergence of H5N1 in dairy cattle and the federal and state response, Kerr Scott Building at the N.C. State Fairgrounds. To RSVP, visit the Conversations with the Commissioner link on the NCDA&CS webpage at www.ncagr.gov.12:30 p.m. | Gov. Roy Cooper to join United States Secretary of the Interior Deb Haaland to highlight new investments in urban parks and trails in North Carolina through the Outdoor Recreation Legacy Partnership program, Raleigh.3:30 p.m. | Gov. Roy Cooper to host roundtable discussion with White House Gender Policy Council Director Jennifer Klein, reproductive care providers and advocates on the state of access to reproductive care in North Carolina, North Carolina Executive Mansion, Raleigh.Wednesday, Aug. 288 a.m. | NC Council for Women Hosts State Women’s Conference, Keynote speakers include Gov. Roy Cooper and White House Gender Policy Council Director Jennifer Klein McKimmon Conference and Training Center, 1101 Gorman St, Raleigh.1 p.m. | Rachel Hunt and Kentucky Lt. Gov. Jacqueline Coleman to Campaign in Sylva, Jackson County Democrats HQ 500 Mill St, Sylva.3:30 p.m. | Rachel Hunt and Kentucky Lt. Gov. Jacqueline Coleman to Campaign in Asheville, Buncombe County Democrats HQ
951 Old Fairview Rd. Asheville.Friday, Sept. 6No time given | The 2024 N.C. Mountain State Fair opens at the WNC Agricultural Center in Fletcher. Runs through the 15th, and more information is available at https://www.wncagcenter.org/p/mountainstatefairFriday, Sept. 272024 Lumbee Powwow, Lumbee Tribe Cultural Center, 638 Terry Sanford Drive, Maxton.

Child Fatality Task Force to convene in anticipation of 2025 General Assembly recommendations

Posted on by Matthew Sasser

The Child Fatality Task Force will convene in a series of meetings over the next few months in anticipation of submitting its annual report to the General Assembly prior to the legislative session. 

Kella Hatcher, executive director of the Child Fatality Task Force, said this study cycle over the next few months will include three meetings each of the Intentional Death, Unintentional Death and Perinatal Health subcommittees. Three meetings of the Child Fatality Task Force will consider recommendations from the subcommittees to propose to the General Assembly. 

Hatcher noted that although the task force’s 2024 recommendations received little traction, 2023 saw legislative successes on various fronts. 

Task force recommendations that were passed included funding for the State Office of Child Fatality Prevention with the North Carolina Department of Health and Human Services, which was restructured and strengthened through the 2023 budget — $550,000 was allotted for the operational costs of the office, and $189,000 was distributed across all 100 counties for the 2024-25 fiscal year to support changes in child death review teams. 

North Carolina’s Safe Surrender Law was amended in 2023 to allow parents to legally and anonymously surrender an infant up to 30 days old to a designated safe person, defined as a health care provider, first responder or on-duty social worker. 

Other task force recommendations addressed in 2023 included passing a firearm safe storage and prevention law, creating funding for resources to prevent sleep-related infant deaths, increasing funding to increase the Medicaid maternal bundle rate to improve birth outcomes, and funding for comprehensive toxicology testing for all medical-examiner jurisdiction child deaths. 

Yearslong advocacy for increasing funding for more school nurses, social workers, counselors and psychologists was partially addressed in last year’s budget, Hatcher added.

“We’re far below nationally recommended ratios on those positions, and they play a really important role with suicide prevention and promotion of mental health and identifying kids in crisis,” Hatcher said, adding that the 120 positions approved for funding fell far short of the existing need.

When Hatcher last Thursday provided a legislative update on the task force’s 2024 recommendations to the second meeting of the Perinatal Health Committee of the year, she acknowledged the update would  be short and sweet. 

“As our legislative members know, there’s not a lot to tell you about what happened with respect to task force recommendations [in 2024],” Hatcher said, with Sen. Jim Burgin, R-Harnett; Sen. Gale Adcock, D-Wake; and Rep. Carla D. Cunningham, D-Mecklenburg, in virtual attendance. 

“The fact that the Legislature has not passed a comprehensive budget bill this year means there wasn’t the same sort of opportunity for our recommendations to be addressed,” Hatcher added in a follow-up interview with State Affairs. 

A partial 2024 General Assembly victory from a task force recommendation was securing $67.5 million in funding toward child care centers, which face losing federal dollars. Like the school nurse and social worker funding, Hatcher said, the approved funding does not rise to the need experts say exists. 

Hatcher credits state legislators who have championed task force recommendations and passed corresponding legislation. Though 2023 saw legislative movement on issues that had been percolating for years, Hatcher said 2024 recommendations such as legislation to address addictive algorithms in social media, Medicaid reimbursement of doula services and support for Fetal and Infant Mortality Reviews could return to their recommendation list for the longer legislative session.  

“We’re often revisiting [former recommendations] because the issues that prompted the task force to make a recommendation are still an issue,” Hatcher said. “They haven’t gone away.”

The Child Fatality Task Force will submit its annual report with General Assembly recommendations before the 2025 long session begins.

For questions or comments, or to pass along story ideas, please write to Matthew Sasser at [email protected] or contact the NC Insider at [email protected] or @StateAffairsNC 

More wrangling in the Prescott rodeo-gift clause lawsuit

Posted on by Yellow Sheet Report Staff

A Maricopa County Superior Court judge allowed for additional emails to enter the record and ordered a re-do on briefing in the legal fight over whether a $15.3 million legislative infusion to the Prescott Frontier Days Rodeo in the FY2024 budget violated the Arizona Constitution’s Gift Clause. In a filing Thursday, plaintiffs, represented by attorneys from the Arizona Center for Law in the Public Interest, flagged previously concealed internal emails from the Treasurer’s Office showing the development of a request for information process for pork fund recipients to ensure “legal cover” after the lawsuit was filed. The emails, the plaintiffs say, further contradicted the defendants’ position that the Treasurer’s office has the legal authority to administer funds, not just distribute funds, and could do so to make the appropriations above board and in line with the state constitution’s Gift Clause. Attorney Nicholas Ansel noted one exchange in which former assistant deputy treasurer Mark Swenson wrote current deputy treasurer Jeff Kros and said he was, “not a fan of the term administering as we were just tasked with distributing . . . but hey its (sic) yours and Jackie’s problem as I’m outta here soon! LOL.” In a statement sent to our reporter, Kros noted the Treasurer’s office “must ensure that appropriations made by the Legislature are distributed under the requirements of all the applicable laws to properly effectuate the Legislature’s intent, particularly if the language in an appropriations bill is vague or unclear. The processes we follow in these cases are required by state law and done with transparency.” He said the RFI process was carried out in a similar legislative appropriation in 2022. As for the cited emails, Kros said, “Statements made by the Treasurer’s staff were conflated amongst the several appropriations in the Legislature’s main spending bill and were made prior to determining that the grant approval process was necessary to carry out the appropriations.” He further clarified the treasurer’s office had not carried out a RFI process or distributed funds to the rodeo but has the “legal mechanisms to ensure the appropriation is granted to an eligible organization as intended by the Legislature” and “looks forward to receiving the court’s guidance on this important matter.” The parties were initially set to argue their respective motions for summary judgments Monday, but on Friday, Judge Scott Blaney, a Ducey appointee, reset the hearing to instead consider the motion to supplement the record. In court today, Danny Adelman, attorney for the plaintiffs, said though the claim that the legislature violated the Gift Clause does not turn on the recent evidence and could stand on its own legal ground, the recent emails undermine the defense presented by the treasurer’s office and the state. Brett Johnson, attorney for the Treasurer’s Office, and Kara Karlson, attorney for the state, contended the emails entered into the record are “undoubtedly protected by attorney-client privilege” given that “each communication constitutes requests for legal advice or were for the purpose of gathering information for legal advice, and therefore cannot be introduced as supplemental evidence,” and opposed the motion to supplement the record in a response filing. In a hearing today, Kathryn Bouton, attorney for the state, noted it did not have any opposition to supplementing the record with non-privileged documents and requested a “parallel opportunity to respond,” but did oppose allowing privileged documents into the record. Even so, attorneys for both the Treasurer and the State said there was nothing improper about the communications, “particularly when those communications led nowhere other than for the Treasurer to seek legal advice and to proceed with the grant solicitation process, again, a legal process,” attorney Ryan Regula said. “Had the Treasurer made distributions and carried out what was being requested in these emails, that would be a wholly different issue than the one that is before this court.” After hearing from the parties, Blaney, a Ducey appointee, said he ordered the Treasurer’s Office, the State and Prescott Frontier Days, and plaintiffs, Arizona residents, represented by the Arizona Center for Law in the Public Interest, to submit revised motions for summary judgment, responses and replies. Blaney sealed three exhibits temporarily as the parties conferred on privilege.

Hoffman urges Trump supporters to burn their vacations to chase ballots

Posted on by Yellow Sheet Report Staff

Arizona’s Freedom Caucus leader was a speaker featured at the Arizona for Trump rally in Glendale on Friday. Hoffman opened his remarks by addressing the audience as a “group of patriots who want to put America first.” In an energized five-minute speech, he criticized the DNC, took jabs at presidential candidate Kamala Harris and urged support for the former president and presidential candidate Donald Trump. He gave a shout out to Maricopa County Recorder candidate Heap, who the Freedom Caucus has largely backed since he announced he was running. “I’ve got a good friend, Justin Heap… He’s going to be on this stage a little bit later…and we are going to secure our elections here in Arizona,” Hoffman said. The tail end of his address was focused on Turning Point Action’s latest “Chase the Vote” initiative, when he thanked TPA’s Founder Charlie Kirk for “building the largest ballot chasing operation in the history of the Republican party.” Hoffman said TPA’s Chase the Vote initiative has hired “thousands of staff” to make sure that “every last vote is counted.” The group is actively hiring for over 100 full-time ballot chasing positions in Arizona, according to their website. TPA will cover lodging for out-of-state volunteers to fly to Arizona or Wisconsin to help register voters from Oct. 7 to Nov. 7, according to its website. “Do the work. Spend your vacation time saving America,” the website reads. He closed his remarks with a quote from founding father Patrick Henry, “Give me liberty or give me death,” he said, urging attendees to volunteer as ballot chasers. “You don’t have to give up your life, you just have to give up a little bit of time, you just have to get involved and commit to chasing 100 ballots.” 

Are the Democrats here in the room with us?

Posted on by Yellow Sheet Report Staff

While Republicans spent hours railing against the Left and riling up the audience at Friday’s Trump rally in Glendale, Heap tried to appeal to Independents and Democrats during his remarks. “To the independents and Democrats in the room today, and for those across Maricopa County, this is my message to you: join me,” Heap said to a stadium of reportedly 17,000 Trump supporters. “Free and fair and honest elections is not a Republican issue, it is an everyone’s issue.” The crowd was noticeably less energized by Heap’s speech in which he twice encouraged Independents and Democrats to vote for him and even referred to Harris. “If she were here today, I imagine that she would say that she would like to see our elections for what they can be, unburdened by what has been,” Heap said. His Democratic opponent in the Maricopa County recorder’s race, Tim Stringham, is hoping to sway moderate Republicans who voted for Richer over Heap in the primary. Heap also seems to be reaching across the aisle, but he couldn’t resist taking shots at the size of Harris’ Glendale rally earlier this month or the “Democrat-controlled media.” Heap declined to talk to our reporter at the rally about the recorder’s race. 

Arizona’s Thin Blue Line backs Gallego for US Senate

Posted on by Yellow Sheet Report Staff

The Arizona Police Association, the umbrella organization for much of the state’s police and public safety associations, endorsed Ruben Gallego over Kari Lake today. The APA cited Gallego’s efforts to secure more than $168 billion in law enforcement funding and support of legislation to address hiring and retention, mental health resources for officers, safety and de-escalation training and benefits for families of law enforcement officers. “As a Marine combat veteran, we know Congressman Gallego understands the complexities of modern policing in American society, while at the same time recognizing the public’s expectations,” APA president Justin Harris said in a statement. “The APA does not take our endorsement lightly; we recognize the importance of having a U.S. Senator that can bring people together to improve society for all. We believe Congressman Gallego will be that U.S. Senator.” Gallego’s law enforcement seal of approval comes after Harris took the stage and endorsed Trump at a rally Friday. The association endorsed Lake for governor in 2022 but declined to do so now. Lake has since responded on her X account by claiming her campaign has “overwhelming support from Arizona Law Enforcement” and claimed Gallego “marched in anti-cop protests” and “called police officers the bad guys.” GOP consultant Chuck Coughlin said the endorsement of Gallego “fits” given his military record and will assist in deflecting Lake’s criticism that Gallego is “soft on crime.” In Lake’s case, Coughlin said the endorsement “unquestionably hurts her campaign by undermining her credibility with the law enforcement community.” 

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