Archive for Tim Moffitt
Asheville officials said Monday that Wake County Superior Court Judge Howard Manning Jr. ruled state lawmakers last year violated the state constitution and failed to compensate for the cost of building the water system.
The Asheville Citizen-Times cites the mayor on the court ruling:
Mayor Esther Manheimer said that by taking the city’s position on four of the six legal points at issue, Manning’s ruling would be more difficult for the Court of Appeals to overturn. The decision does not address the two other points the city raised, that the law was an unlawful interference with the city’s contract with bondholders.
Manheimer called the ruling “great for Asheville.”
City legal staff certainly deserves a nod for all the hard work. But nobody worked longer hours and more doggedly on this fight — including all the round trips to Raleigh for hearings — than local activist Barry Summers.
But Summers and other opponents of a regionalized system had better be ready for the next round. The state will likely appeal the ruling. The law’s sponsor, Rep. Tim Moffitt, R-Buncombe, called the court ruling “the first step in a very long journey.” And should the ruling stand, Moffitt might legislate again if he can find support among his colleagues for a more broadly written bill that puts more of their cities’ infrastructure in the crosshairs.
Unless Moffitt loses his House District 116 reelection bid this fall. A recent poll PPP poll released by his opponent, Brian Turner, showed Turner with a slight lead and 49 percent of voter with an unfavorable view of Moffitt.
Carolina Public Press scrutinizes Rep. Tim Moffitt’s Media. Moffitt started InTouchNC in December 2012 because he feels conservatives don’t get fair treatment in the media. So in an unusual move, he proceeded to buy up 170 domain names and sell websites to his colleagues in the legislature.
Shortly after Moffitt founded InTouchNC, NC Insider, a news service that covers the General Assembly and the governor’s office, published a report on the company.
The article quoted Moffitt as saying he had “thoroughly vetted” the concept of the business with the State Ethics Commission before launching it. Among the commission’s functions is advising legislators on questions regarding potential conflicts of interest.
However, Moffitt told CPP he did not take that step. “No, I didn’t run it by the Ethics Commission,” he said. Instead, “I reviewed the ethics laws to make sure that I wasn’t going to violate any.”
Contradiction? Misdirection? No.
Another day in Wake County Superior Court yesterday in the case of “Moffitt v. Asheville,” Judge Howard Manning Jr. presiding. Rep. Tim Moffitt and Rep. Chuck McGrady, R-Henderson were on hand for the hearing in the lawsuit challenging Moffitt’s “Regionalization of Public Utilities” law that forcibly transfers control of Asheville’s water system to a new regional authority.
Much hinges on whether or not Moffitt’s bill was deliberately written to evade the state’s constitutional ban in Article 2, Sec. 24 on enacting local legislation “relating to health, sanitation, and the abatement of nuisances.” Asheville activist Barry Summers was there to remind attendees — graphically — not of the water system’s history, but of the legislation’s.
While both McGrady and Moffitt watched the proceedings in court, Asheville’s attorney Dan Clodfelter disagreed with the state’s assertion that the bill was not local in nature. An attorney with the Charlotte-based law firm Moore and Van Allen, Clodfelter himself served as a state senator until last month, when he was named the mayor of Charlotte.
The bill does not specifically name the city of Asheville. But Clodfelter said it was clear that was lawmakers’ intent, rather than creating a statewide bill with a general set of principles to administer.
“Our constitution says what it says,” Manning said, indicating that the constitutional question was the crux of the case. Expect an appeal, however Manning rules.
Moffitt v. Asheville is a style of legal shenanigans we have seen emerge over the last decade from Wall Street to Jones Street to Pennsylvania Avenue. That is, to push the limits of the law to the breaking point and beyond, to knowingly step over the line and — using the law itself for cover — to arrogantly dare anyone to push back. If no one does, or if they do and fail, those who twist the law to their own ends succeed, and the boundary between the legal and the criminal moves again, and not in the direction of the public good. Rinse, repeat. Thus, torture becomes “enhanced interrogation,” fraudulent securities become top-rated investments, and public investments in schools, water systems, highways and airports slowly become the private wealth of oligarchs. Like watching an accident in which everything goes into slow motion, it is happening before our very eyes. Because it transpires in remote meeting rooms under color of law, we the people are not supposed to notice.
(Original post has been corrected. Rep. Nathan Ramsey was not in attendance Friday, but was cited in reporting as an original sponsor of the water bill.)
The billboard pictured here is real, it’s located in Lima, Peru, and it produces around 100 liters of water a day (about 26 gallons) from nothing more than humidity, a basic filtration system and a little gravitational ingenuity.
Clever idea. And it looks like they give away the water to the poor. Socialists.
Your Buncombe County Democratic Party needs you. We’re getting organized to make some change in 2014 elections, and every registered Democrat is invited to be a part of it. After the jump please find the time and location of your precinct meeting. Not sure which precinct you’re in? Use this handy tool.
When the NC General Assembly political advertisements rain down upon us later this year, you’ll be hearing a lot about the tax cuts being peddled as good for the little guy. Yes, the cuts will further reduce resources for education, mental health, and other important services. Yes, the cuts will give the wealthiest North Carolinians some nice wallet padding, some of which will trickle down into campaign coffers. The thing that NC Policy Watch wants everyone to know is that these tax cuts are actually a tax increase on most of us. Please bookmark this post – you will need it to counter the coming disinformation campaign from the ruling party.
66—percentage of tax cut passed by the 2013 General Assembly that will go to the wealthiest one percent of North Carolinians (“Final tax plan puts at risk what makes North Carolina great,” N.C. Budget & Tax Center, August, 2013)
940,000—amount in dollars of annual income of wealthiest one percent of North Carolinians (Ibid)
80—percentage of North Carolina taxpayers—the bottom 80 percent—who will pay more under the tax plan approved by the General Assembly this summer that also allows the state Earned Income Tax Credit expire for low-wage workers (Ibid)
2,898—amount in dollars of tax INCREASE for married non-elderly couple with two kids with a small business income of $80,000 (Ibid)
262—amount in dollars of tax INCREASE for married couple with two children with an annual income of $20,000 (N.C. General Assembly Fiscal Research Division)
2,318—amount in dollars of the DECREASE in taxes for a married couple with two children with an annual income of $250,000 (Ibid)
23—number of days since state tax deductions ended for retirement income, small businesses, unreimbursed job expenses and college 529 savings plans, all part of the 2013 tax plan passed by the General Assembly
ALEC’s corporate members consult with legislators across the country, working in secret, fearing to push their radical agenda in public like ordinary citizens.
Rep. Tim Moffitt’s legislation to terminate (with extreme prejudice) the city’s control of its water system is in the courts. So it’s been quiet lately. Still, file this away for future reference. If things don’t change in Raleigh soon, you might need it.
This report from Europe is from last March, but does this sound familiar or what? [Emphasis mine.]
The European Commission has in recent weeks gone on a PR offensive in response to growing criticism of its pro-privatisation agenda for the water sector …