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HomeMy WebLinkAboutRES-1997-026 Resolution Regarding Various Bills in North carolina General Assembly 97 So.. NORTH CAROLINA RESOLUTION REGARDING ORANGE COUNTY LEGISLATIVE MATTERS BE IT RESOLVED by the Board of Commissioners of Orange County that the Board hereby requests the Senators and Representatives representing Orange County to support the North Carolina Association of County Commissioners in its opposition to the following legislative matters : 1 . House Bill 499 . This bill would make Orange County ' s land records data base available for reuse and for profit, at practically no cost, to real estate trade associations and their members . Orange County, Chapel Hill, Carrboro and the Orange Water and Sewer Authority have spent a considerable amount of public money developing a land records system for public purposes . The public should be paid for the sale of this information to persons or organizations who or which would use it for private purposes and resell it for profit . 2 . Senate Bill 799 . This bill would make public "serious disciplinary actions" now maintained confidentially in the personnel files of local government employees . It also would make public the entirety of a local government employee ' s personnel file "once two serious disciplinary actions have been imposed. " This bill provides no opportunity for the balancing of the public interest with the employee privacy interest before the release of the personnel file information. This balancing process is required under present law. 1 3 . Senate Bill 844 . This bill will require narrative written accounts or audio or video taped accounts of closed sessions . The "account" would be a public record although it could be withheld from public inspection if making it public would frustrate the purpose of the closed session. This bill intends to overrule a recent Supreme Court decision allowing a generalized account of closed sessions as part of the n;inutes of a Board meeting. If enacted into law, this requirement of an "account" of the closed session likely will have a chilling effect on Board members ' willingness to openly discuss matters which are sensitive and therefore are afforded, by the Open Meetings Law, closed session status . 4 . House Bill 949 . This bill effects the medical, hospital and any other records, including DSS investigatory records, of a child who is killed as the result of suspected abuse or neglect . These records in the custody of government agencies will be public records if House Bill 949 is enacted into law. Under present law a court can open these confidential records to inspection under certain circumstances . House Bill 949 would place the burden on the public agency to seek a court order to protegt the confidentiality of the child records . In addition to the privacy concerns, this bill likely will cost counties . It will force the local department of social services and the local health department to choose between protecting the privacy of the deceased children in question knowing that the privacy option will cost money, and, knowing that a decision not 2 to seek court order protection of the records will be "second guessed. " BE IT FURTHER RESOLVED that the Board of Commissioners of Orange County supports the North Carolina Association of County Commissioners in its support of the following legislative matter: 1 . Senate Bill 518 . This bill would provide for a temporary 1 cent local sales tax for a period of 1 year if approved by a local referendum. The proceeds of this bill would be divided among the County and its municipalities on either a per capita basis or on the basis of ad valorem taxes levied, at the option of the County Commissioners . Upon motion of Commissioner Margaret Brown seconded by Commissioner Stephen Halkiotis the foregoing resolution was adopted this the 21st day of May, 1997 . I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on May 21, 1997 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No . 29 of the minutes of said Board. .t WITNESS my hand and the seal of said County, this 22nd day of May 1997 . Clerk to e Board of-Co issioners lsg-9 legis .res 3 NORTH CAROLINA RESOLUTION REGARDING ORANGE COUNTY LEGISLATIVE MATTERS WHEREAS, Senate Bill 469, introduced by Senator Hartsell, would provide Cabarrus County with revenue options to meet public school construction needs ; and WHEREAS, Senate Bill 469 requires a referendum on a sales and use tax option and on a real estate transfer tax option; and WHEREAS, the proceeds of either tax, if approved by referendum and enacted by resolution of the Board of Commissioners, would be available for public school building capital outlay projects including the planning, construction, reconstruction, enlargement, improvement, repair, or renovation of public school buildings and for the purchase of land for public school buildings but would not be available to pay debt service or to fund a public school building capital outlay project that is or will be financed in part by debt ; and WHEREAS, the authorization for these new taxes is temporary in nature with a 10 year life and the possibility of a 10 year renewal; and WHEREAS, Senate Bill 469 contains non supplant restrictions . NOW, THER$FORE, BE IT RESOLVED that the Orange County Board of Commissioners requests its legislative delegation to seek amendment of Senate Bill 469 to include Orange County among the counties enabled by it and to support the bill as amended. 1 Upon motion of Commissioner Margaret Brown seconded by Commissioner Stephen Halkiotis , the foregoing resolution was adopted this the 21st day of May, 1997 . I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on May 21 , 1997 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No . 29 of the minutes of said Board. WITNESS my hand and the seal of said County, this 22nd day of May 1997 . Clerk to t oard of Coudfissioners lsg-9 legis2 .res 2