Late campaign finance report traced to glitch
ing through Haywood County. Critics of the original ordinance claimed it gave too much power to the county manager during emergency situations, including the ability to dismiss public officials for failure to obey an order, control all resources (food, materials, services, fuel and wages), and force people off their property. Language stating the county manager had the authority to “perform and exercise such other functions, powers and duties as are necessary to promote and secure safety and protection of the civilian population,” was also a concern for the group of civil liberty advocates. To them, it meant county officials could seize their firearms during emergency situations. Dove said language was added throughout the ordinance stating the county may only operate within the powers of the state and federal law. And since the courts have ruled it unconstitutional for governments to restrict lawful possession of firearms, the ordinance in no way allows the county to seize someone’s lawfully owned weapons during an emergency. “The state law allows us to prohibit and restrict a lot of things but it doesn’t allow us to restrict lawfully possessed firearms,” Dove said. Commission Chairman Mark Swanger said the commissioners would not answer questions about the ordinance during the public hearing nor would the board make a decision immediately following the hearing. The earliest commissioners will vote on the matter is during the May 4 meeting. — Jessi Stone, news editor
CRAFT ARTIST summit
PROFESSIONAL
Haywood County is continuing with efforts to update and improve its emergency management ordinance — a local regulation that came under fire last year by a group of residents who thought the language violated their constitutional rights. County Manager Ira Dove has spent the last year going over the ordinance to clean up and clarify the language and also update certain parts of it that no longer jive with state law. “We spent a long time reviewing laws before we put the draft out a couple of weeks ago,” he said. “We gathered public feedback and have even gotten some feedback since we released it.” Though not required by law, the commissioners held another public hearing at Monday night’s board meeting to allow one more chance for public comment, but no one signed up to speak on the subject. North Carolina law requires each county to have an emergency management ordinance that outlines procedures to follow when the county is faced with a number of emergencies, from natural disasters to a hazardous waste spill. Dove said the county had declared a state of emergency four different times since passing the ordinance in 2009. The last state of emergency was called in January when Winter Storm Jonas was blow-
upon checking the state election board’s website while on the phone with a reporter. Although the campaign finance reporting schedule is posted online, Swanson said he hadn’t thought to check it, relying instead on the mailed notices. Davis said he personally has little involvement with his campaign’s finances. “My treasurer handles all of that. I don’t have anything to do with that side of it. I just send him the checks. He is a retired CPA and keeps everything in tip top shape,” Davis said. When Davis got a call from a reporter Monday asking why his first quarter campaign finance report was so late, he said it would be unlike Swanson to miss the deadline. “I will get in touch with my treasurer. He is normally pretty good about that,” Davis said. Candidates are typically fined up to $50 a day if they fail to file campaign finance reports on time. Davis will not be fined, however, due to the database error, but will be getting a notice soon giving him his own personal deadline for the first quarter reporting. Swanson said Davis took the mishap in stride. “He is a very understanding guy,” Swanson said.
moving beyond the now
April 27, 2016 9:00am – 4:45pm
Experience a one day conference specifically designed to address the needs and challenges faced by current and prospective craft business owners. This one day event will provide the tools needed to move your business forward. $20 Registration Fee Sessions include: Image, Sell, Money, Plan, People, Protect
Smoky Mountain News
Emergency management changes move forward
N
ly the one who noticed Davis’ campaign finance report hadn’t been filed yet, bringing it to the attention of the state election office and the media. “The people of the 50th District have a right to know who is contributing to the campaigns of their representatives. Especially with a legislative session coming up, we need to know who might be influencing Senator Davis’ votes on key issues,” Hipps, D-Waynesville, said in a press release Monday. Adding to the confusion, first quarter campaign finance reports were due much earlier than normal this year. “Normally they are due the following month after the quarter is over,” Swanson “The people of the 50th District have a said. right to know who is contributing to the Which would be right about now. But campaigns of their representatives.” this year, first quarter reports were due — Jane Hipps, D-Waynesville March 7, due to the earlier-than-normal primary. be considered late, explained Amy Strange, Since Davis did not have a primary deputy director of campaign finance for the opponent, his campaign had not really state election board. ramped up for the election season yet, how“It’s the same concept as you can’t get a ever, so Swanson said the accelerated schedspeeding ticket unless there’s a posted speed ule wasn’t on his radar. limit sign,” Strange said. “Well, I’ll be darned,” Swanson said Davis’ opponent, Jane Hipps, was actual-
April 20-26, 2016
ago. The same glitch that left Davis off the mailing list also meant Davis had not been flagged in the system as being late. In fact, Davis technically isn’t late. State statute requires the election office to notify candidates at least five days in advance of a reporting deadline, but in the absence of that notice, he can’t
news
BY B ECKY JOHNSON STAFF WRITER .C. Sen. Jim Davis, R-Franklin, is inadvertently 43 days late on his latest campaign finance reports due to a computer glitch in the state campaign finance database. The N.C. Board of Elections is supposed to mail notices to candidates alerting them to upcoming campaign finance reporting deadlines, according to state statute. But Davis was left off the mailing list and never received the notice that went out in late February, and thus wasn’t aware of the March 7 reporting deadline. Election board staff in Raleigh cited an apparent coding error on their end. This is Davis’ fourth campaign for state Senate, and his campaign treasurer has always relied on the notices to alert him when reports are due. “I get mailings in advance of when every report is due. They come to both me and Jim. That is the most important piece of correspondence I get. But neither of us got any mailing,” said Don Swanson, Davis’ campaign treasurer. Swanson was apologetic upon learning of the snafu from a reporter on Monday. However, the call from a reporter was the first he’d heard that a deadline for campaign finance reports had come and gone 43 days
Register at sbc.haywood.edu by April 25th 19