Certainly anyone observing the events of the past year or so can agree that this political season is most contentious in resent history. The divisions that we are witnessing in America today are as broad and distinctive as in the days of the civil rights struggles of the 60s and 70s when urban skies lines could be seen clouded with the dark smoke of burning tenements set ablaze by disenfranchised individuals who felt their voices could not be heard. Underscoring this divide and unrest, is the centuries old battles of race and battles for racial inequality.
Imagine in this politically polarized climate, that an incumbent holding political office, [like the President or a Congressmen or a School Board Member] deciding not to hold a regular election and continue to remain in office without any input from the public or any lawful democratic mandate. Can you imagine the outrage, if not the absolute breach of peace and public tranquility. How about all of this happening and the local news paper not printing a single word either in opposition, explanation or support. And even more amazing, a community letting it happen without so much as a word of protest.
Hard to imagine you say. Not really. Do you remember the October 2011 Henderson Municipal Elections? If not, you are not alone. And its not because there’s something wrong with your memory. Its because there was no election in October 2011. It was canceled by a secret vote of the Henderson City Council. Essentially, the City Council voted their selves into an additional term. Because of that, a group of concerned citizens brought a suit in the United States District Court for the Eastern Division of the District of North Carolina under the Voting Rights Act of 1965: See Alan Pitts, et al. vs. James O’Geary, 5:12-cv-343-D.
Did you know that both Vance County and the City of Henderson are under a section 5 restriction under the Voting Rights Act which prevents either the city or the county from administering any changes to its election’s laws without preapproval for the United States Department of Justice or a declaration of preclearance from a three Judge Panel of the US District Court for Washington DC due to a long history of violating the voting rights of it’s African American citizens.
The law suit seeks to redress what has been described as the capricious denial of the most fundamental bedrock upon which the foundation of our democracy rest; the right to vote. Henderson City Officials, for purposes none other than to achieve partition and financial goals,[including the political and racial gerrymandering of the City of Henderson’s four political subdivisions/wards,] failed to conduct the October 3, 2011 regular Municipal Elections for all eight City Council seats and the race for Mayor. Said unelected Council Members and Mayor continue in office without a mandate from the public.
The suit also names Director Faye Gill and the Vance County Board of Elections. That such parties, without requesting the required §5 preclearance from the United States Department of Justice or the approval of a three-judge panel of the United States District Court for the DC District, organized the Henderson Municipal Elections and conducted the same on May 8, 2012. Such parties incorrectly gave Notice to the public in four consecutive weekly publications in the Henderson Dispatch, [the City of Henderson’s only news paper,] up to two weeks prior to the election, announcing that the City of Henderson would be holding a “Non-Partisan Primary Election.” In actuality, the Henderson Municipal Election is a plurality elections and, unlike a primary, is final with the exception of rare circumstances involving a run off. Consequently, creating additional confusion and reduced turn out in further violation of the Voting Rights Act, 42 U.S.C. §§1983 and 1985 and achieving the effect of disenfranchising African American voting of the City of Henderson and Vance County North Carolina. The Mayor and the City Council have all lawyered up with high priced outside council from Raleigh at tax payers expense. So far, the Dispatch has buried the story from the public.
Concerned Citizen
Editors Note #3 – Mr. John H. Zollicoffer, Jr., City Attorney has submitted a reply to this article, the text of which is commented below. You may also download the PDF here: City Voting Lawsuit Reply From Zollicoffer (PDF 3 pages)
Editors Note #2 – You may download the full court records here: 5-12-cv-00343-D (PDF 137 pages)
Editors Note #1 -This is not from the commenter known as Anonymous, I mean to say that it is from an anonymous submitter.
Why would they not report it ?
has anyone called the editor of the Dispatch to question this???
I thought the intent had something to do with aligning the terms time frame of the elected officials
Wow, a big time lawsuit brought to use by three plaintiffs:
Alan Pitts,
Seneca Nicholson-Pitts, and
Deryl Von Williams
Where is Deception when you need him to slink around in the inky shadows and toss around dispersion?
Where did the DD bury it? Are you expecting investigative reporting from a skeleton crew? If YOU are aware of an issue, why not contact the DD editor with your questions? Are you aware that you are an integral part of what your fellow citizens wonder? Not that the DD is God, but do ask and you might receive.
According to the on-line county tax records a Derylvon Williams has failed to pay property taxes for 10 YEARS. The same data base does not list an Alan Pitts or a Seneca Nicholson-Pitts, which could indicate no property in their name or the real property is in bankruptcy.
So basically, we have a property tax deadbeat complaining about an unfairness.
Tell you what I’ll do for you Miss Deryl Von Williams; I’ll start a trust account titled the Derylvon Williams Departure Fund. That Fund will cover all the costs of a U-Haul rental truck to move you and your possessions at least 400 miles from Vance County back north on I85. The Fund would also cover all the cost of loading the truck for you immediate departure. Don’t fret about your unpaid property taxes the Vance County taxpayers will gladly sell it all to recover the thousands you owe in past due taxes. If there is any money left from the courthouse sale after covering all foreclosure costs and all cleanup costs that money will go to the Vance County School.
Anonymous, how can you see the tax payment history? You can see properties that are unpaid, but I don’t see properties that have been paid.
Besides, must someone be current on taxes before bringing a lawsuit against the city?
All, I just want to point out I’ve added the court paperwork in the article to download.
One has to wonder if the attorneys for the plaintiffs are taking the case on probono–or pay only if they win against the city.
As for bringing a suit such as this–in my opinion, it is a sad sign of the times. Some of the laws are unbelievable.
Anon3, I looked again and found the properties without payments going back to 2002, and a transaction list of 49 entries with only one showing any payment over the same 10 years.
There is no rule prohibiting tax deadbeats from filing this law suit. My point was that an apparent property tax deadbeat is complaining about unfairness. Makes me think of the adage about the kettle calling the pot black.
Thinking of adages there is the one: he who is his own lawyer has a fool for a client. The three plaintiffs are representing themselves to fight city hall.
Prudence and Anonymous, do the plaintiffs have lawyers or are they themselves? And I’ve always heard the pot calling the kettle black. But I suppose it could go either way.
What about the issue the lawsuit is bringing up? Valid or not?
In my opinion, it will depend on publicity beyond Vance County.
Anon3
First, if you used the link to the court documents that Phil provided you would see that the plaintiff are “pro se”. And from your junior high Latin class you would know that pro se is Latin and means for himself. Black’s Law Dictionary pro se means “For himself; in his own behalf; in person.” So yes these three decided to represent themselves in this.
Second, there is no way from the fillings to know if they have legal help. In my opinion one of three needs instruction to pour water out of a boot. Looking through the filing I am assuming they have some legal advisor(s) just not currently listed.
Third, about the validity of the issue let’s defer to someone with real legal knowledge to make that speculation.
More stuff. Based on the signatures at the end of the filing Alan Pitts, has or had something to do with Gateway Community Development Corporation. Gateway may be a clue as to the plaintiffs’ motivation for this lawsuit. Didn’t the city unceremoniously displace the head of Gateway about 6 months ago? And isn’t the number one underling of that displaced head now peddling section 8 housing? Where is Deception? He would have the insight on this. A Seneca Nicholson of 438 Cross Creek Road has failed to pay 2011 property taxes and has made only a partial payment of 2010’s property taxes. Is that Seneca Nicholson that same person as Seneca Nicholson-Pitts. If so that would make two of the three pro se plaintiffs property tax deadbeats.
Sad but true, those who break the law expect the law to protect them. We see it top to bottom; those who will not take responsibility for their obligations and expect US to bail them out. If you are suing the city, you are suing your fellow citizens. Who do you think pays the price? Those of us who do pay our taxes.
Please see this official response from John H. Zollicoffer, Jr., City Attorney below, I have verified this is Mr. Zollicoffer, Jr.
Gentlemen:
My attention, as City Attorney, has been directed to an article appearing on your website entitled “Anonymous Reader: What the Henderson Dispatch Won’t Report” dated October 24, 2012. I am personally familiar with the allegations made in this article and the same are blatantly untrue insofar as the City of Henderson is concerned, as are the allegations relative to the City in any corresponding Court records. All actions of the City were legal, strictly followed statutory procedures, and were all performed in open sessions following duly advertised public hearings. There are three ordinances of the City of Henderson that are relevant to these allegations and I shall discuss them in chronological order.
(1) “Ordinance 10-24: An Ordinance Amending the City Charter to Provide that the Mayor and City Council Members Shall Serve Staggered Four Year Terms of Office” which was unanimously passed by the City Council on May 10, 2010. This action came after considerable public sentiment over the years that councilpersons’ terms should be staggered so that there would be some continuity of leadership within the City. This action is specifically authorized by N.C.G.S. §160A-102; your attention is further called to N.C.G.S. §160A-101(4) and (8) and Section 4 of the City Charter. This proposal was discussed at the January 2010 Strategic Planning Retreat, and a copy of the minutes of that meeting are on public record. They were further discussed at the March 18, 2010 work session meeting of the City Council which was open to the general public, as disclosed by the public record minutes of that session. During the April 12, 2010 open meeting of the City Council, Resolution 10-32 was passed entitled “A Resolution of Intent Pursuant to N.C.G.S. §160A-102 Amending the City Charter to Provide that the Mayor and Council Members Shall Serve Staggered Four Year Terms of Office” (and setting a public hearing thereon); that is further set forth in the public record minutes of the Henderson City Council meeting held on April 12, 2010. There were several articles in The Daily Dispatch concerning these staggered terms together with an official Notice of Public Hearing (to be held on May 10, 2010 on the issue of the above staggered terms) which was published in The Daily Dispatch on April 27, 2010. The Public Hearing was held on May 10, 2010 at the open City Council Meeting (as disclosed by the minutes of that meeting). Following the public hearing, Ordinance 10-24 was adopted.
Copies of all relevant documents concerning changing to staggered terms were forwarded to the Department of Justice Voting Rights Division as a submission under Section 5 by letter dated August 11, 2010, The Department of Justice precleared this submission by letter dated October 12, 2010.
(2) Postponement of the 2011 Municipal Elections (for approximately 7 months) pursuant to the authority set forth in §160A-23.1 (by reason of anticipated population changes) pending receipt of the 2010 block-by-block census information in usable form needed to modify the boundary lines of the City Wards and Districts to bring them into compliance with the “One Person – One Vote” doctrine. In short, every ten years, the City is required to re-balance it’s wards and districts so that each has approximately the same population. This matter was discussed in an open meeting of the City Council on February 28, 2011, as indicated by the public minutes of the same. On March 28, 2011, the City Council in open session passed Resolution 11-32 calling for an advertised public hearing to be held on April 11, 2011 on the question of delaying the 2011 municipal elections pursuant to the statutes (all as set forth in the City Council minutes of the public March 28, 2011 meeting). The official Notice of Public Hearing was published in The Daily Dispatch on March 31st and again on April 7th, 2011. The public hearing was held on April 11, 2011 at the open meeting of the Henderson City Council (as set forth in the minutes), following which Resolution 11-37 entitled “A Resolution to Delay the 2011 Municipal Elections Pursuant to N.C.G.S. §160A-23.1” was passed.
The actions and copies of all relevant documents concerning this action were forwarded to the Department of Justice Voting Rights Division as a submission under Section 5 by letter dated April 15, 2011, . The Department of Justice precleared this submission by return letter dated June 14, 2011.
(3) Ordinance 11-47 entitled “An Ordinance Amending the City Charter to Provide for Redistricting of the City Electoral Districts in Accordance with the 2010 Census” (after the census results were obtained by the City on a block-by-block basis in a form which could be utilized for redistricting purposes, since the City Ward boundaries and the official census districts boundaries did not coincide and had to be reconciled). This Ordinance was passed on September 26, 2011, and was authorized by N.C.G.S. §160A-23.1 providing for redistricting following the U.S. Census information, and N.C.G.S. §160A-101(6) and (d) granting the City Council authority to amend the City Charter relative to the electoral districts, and N.C.G.S. §160A-102 providing the procedure for amending the City Charter in implementing redistricting. This matter was discussed in open session at the February 28, 2011 regular meeting of the City Council (as set forth in the minutes of the same) and also at the March 28, 2011 regular meeting of the City Council (as set forth in the minutes of the same) as well as on April 11, 2011 at the regular open meeting of the City Council (as set forth in the minutes of said regular City Council Meeting) and further at the July 25, 2011 open work session of the City Council meeting (as set forth in the minutes of the same). On August 8, 2011, at an open City Council meeting, the City Council adopted Resolution 11-74 (a Resolution of Intent Pursuant to the North Carolina General Statutes Amending the City Charter to Provide for Redistricting in Accordance with the 2010 Census, and setting a public hearing on the same) (as set forth in the public minutes of said August 8, 2011 meeting). The official notice of the public hearing on this Resolution concerning the proposed redistricting was published in The Daily Dispatch on August 30, 2011. The public hearing on the proposed redistricting was held at the open City Council meeting on September 12, 2011 (as set forth in the public minutes of the same) at which time maps showing the proposed redistricting and the changes being made were again presented to the Council and to the general public. On September 26, 2011, Ordinance 11-47 providing for said redistricting was adopted in an open meeting of the City Council (as set forth in the public minutes of said meeting). There were also various articles appearing in The Daily Dispatch and in “Home in Henderson” itself concerning the proposed redistricting before the Ordinance was passed.
The actions and copies of all relevant documents concerning this third action were forwarded to the Department of Justice Voting Rights Division as a submission under Section 5 on or about September 29, 2011. The Justice Department precleared the City’s redistricting plan by letter dated November 29, 2011.
Pursuant to the postponement statute (§160A-23.1), the delayed municipal elections were held
in the Spring of 2012. The allegation that voters were “disenfranchised” by reason of the delay has no basis whatsoever.
All of the actions of the City Council were taken in good faith and as authorized by the North Carolina General Statutes and in strict accordance with the procedures set forth therein, and all required actions were taken in open public meetings. In my opinion, the actions taken by Alan Pitts, Deryl Von Williams and the other parties thereto are frivolous and have cost the taxpayers of the City of Henderson considerable expenses which in equity said parties should be ordered to pay in reimbursement to the City and its taxpayers. The City will continue to defend its legitimate and appropriate actions in Court as the steps taken by the Plaintiffs leaves no other choice.
Sincerely,
John H. Zollicoffer, Jr., City Attorney
City of Henderson, North Carolina
JHZ,JR./ka
cc: The Henderson Daily Dispatch
What I don’t understand, is the article implies is the city did some maneuvering to keep O’Geary on as mayor. But there was an election earlier this year, someone ran against him, and O’Geary won fair and square.
Thanks Lawyer Zollicoffer for presenting this information.It helps clear up misinformation.
anonymous-did my absence hurt you? If so, I apologize. Sometimes work/kids/life just get in the way of me sharing knowledge with the good ole’ HiH bloggers. This is what I will say w/o much regret and/or remorse. DVW is a burden on anyone who tries to follow the law and PAY TAXES. She is infamous for not paying taxes on her run-down properties and then had the audacity to go before a governing body in Vance County to ask for Tax Payer $$$ for one of her ‘pet projects’. Just to show the intelligence of one of your elected commissioners he praised this tax DEADBEAT for doing so much for the community!!! REALLY? Other than not paying taxes…what has she done to help the Henderson/Vance area? I nearly laughed so hard I fell out of my chair but then I realized that the commissioner who sang her praise was also the same commissioner who at the time was not paying his taxes!!!! Need I say more? NUFF SAID!!!
elmwood-your name comes from the place your brain must reside. You sound like a sheeple. This is why the annointed few can do the things they do to the people of Vance County. But thankfully, in America, matters of this magnitude are played out in Federal Court and not on the pages of a small town blog ( no matter how much we love our blog). So, if you’re happy and feel informed, I’m ecstatic
I received this following comment in our email, but not clear to the writer name, like the original article, so I’m putting it here as Reader Submission. (In the future we’ll label such opinion articles as Reader Submission instead of Anonymous, just so I don’t get people confused with the user named Anonymous. Also to be clear, I received this before Mr. Zollicoffer’s comment listed above, but was waiting to get confirmation on the writer name. To keep the discussion in a timely fashion, I’m submitting this now, and if I can get confirmation on the writer I’ll update accordingly:
I read the Complaint entitled Alan Pitts, et al., vs. James O’Geary, et al., on the website Pacer. It explains what seems like a scheme to pull the wool over the eyes of the voting public. Particularly African Americans who make up most of the City’s population. The Complaint in my view paints a very telling picture regarding the way our city is run and the people claim to have the authority to make decisions for you and I. Things like canceling an election without any debate and no one asking any questions. This is most disturbing to say the least. I guarantee it would never happen in a City like Durham or Raleigh or anywhere else in the country. What’s wrong with the people of Henderson? Do they not care about their rights. In the words of Colon Powell, ‘use ’em, or lose ’em.’ What about Ms Summerville, who ran unsuccessfully for Mayor in May. How come she has not spoken up on the issue. Or any of these other politicians who are supposedly looking out for the people. They want your vote, but offer nothing in return. Where’s the courage to speak up for the rights of the people. To speak up for what’s rights.
Some of the people commenting on the blog post entitled ‘What The Daily Dispatch Won’t Report’, took the position of attacking the Plaintiffs who brought the suit. Alleging that they were tax payers or property owners or even qualified to complain. [More like a case of kill the messenger because you don’t like the message.] In essence, according to this commentator, these folks should just keep their mouths shut. This commentator clearly doesn’t understand that exercising the right to vote is not dependent upon a persons economic status. Although that seems to be the prevailing theme of the Republican party nationwide with their numerous attempts to suppress the right to vote of certain individuals likely considered by this person and his crowd to be one of the 47%.
Windy:: What did Elmwood say that was so wrong? I thought the attorney’s letter was very explanatory. .And what is a sheeple?
Thank you Mr. Zollicoffer’s for your very informative letter. The readers of this blog now have the basic information regarding this lawsuit, a copy of the filing and a short summary of the defense. As long as your reading comprehension is equivalent to NC high school requirements then you should be able to understand the big picture of the law suit.
Regarding the anonymous letter posted from Reader Submission there is also much to learn. My speculation is that Wind or is it break wind, is linked in some way to the three blind mice who started the whole lawsuit. Wind might even be one the three blind mice who filed the law suit.
The first sentence gives a major clue as to the author(s) or author(s)’s advisor. Someone is an attorney or someone intimately involved in the legal profession. An attorney is trained to call a lawsuit a complaint. The rest of us call it a lawsuit. Second the author(s) read the compliant on PACER (Public Access to Court Electronic Records) instead of opening the link provided in the first posting. Third clue about the author(s) are the first four words in the third sentence, ‘The compliant in my view …” is lawyer speak for this my opinion. I am comfortable thinking that there is a behind the scenes attorney for the three blind mice. One can wonder who and if that person has recently earned (or earned) the right practice of law.
I am one of the persons on this blog initiating comments about “the Plaintiffs who brought the suit.” I did point out that the names and addresses of two of the three filing this lawsuit do appear on the public tax database as being in arrears on property tax for more than one year. I also said that people in arrears on property taxes are tax deadbeats. I have not implied as to their qualification to complain about a voting right. I allowed the reader to form their own opinion on the ‘plaintiffs’. I clearly understand that property tax deadbeats are allowed to exercise the right to vote, just a disbarred attorney is allowed to vote. Proper voter registration is the key to the right to vote.
Check out how Vance County did on the End of Grade Tests for last schoolyear. The NC Report Card just came out last week…I think I saw that less than 60% of 5th graders were at or above grade level in reading for the ENTIRE VANCE COUNTY SCHOOLS…..and people wonder why parents are taking kids to Charter/Private Schools? Get rid of the lazy…top heavy administration over at the Taj Mahal per Graham Ave. and put some teachers in the classroom. How much does Trixie Brooks who is one of the Curriculum folks make? I bet it’s over 75,000….My question what does she do to deserve that type of money? Certainly the 5th graders aren’t getting served…at least not on Grade Level. Read the Report Card for each school in Vance County but be prepared to do a lot of shaking your head…..NUFF SAID
Deception you disappoint. Your talents as a slut are needed. Your audience is awaiting results of your sleuthing and slinking to uncover the name of the attorney aiding the three blind mice in their misguided assault on the City of Henderson’s compliance with the voting rights act. We all know Vance County Schools strive for high dropout rate to achieve maximum occupancy of Section 8 housing. What we need to know is the name of the legal talent behind the three blind mice. Is their legal adviser now disbarred or disbarred and raised like a phoenix?
Deception, you have made a comment that struck a nerve in me. While I agree there is too much fat in the central office, your sentence about “put some teachers in that can teach’ is wrong. I have a daughter that teachers and she takes pride in her work. She tells of kids coming to school who: the only meal they get is at school, they’re under clothed. Some have to go home(4th graders) and watch the other kids in her family because their mother isn’t home. They have no books or material to take home because there is not enough money in the budget for books/material. The classroom is cold/hot or leaks water when rains. Out of 21 kids in her class; probably only 20% want to learn, the others don’t care, can’t speak english or need special attention. This on top of having to do other tasks and paperwork becasue they let her TA go becasue of budget items……..NUFF SAID!
One Voice: Your daughter is one of MANY teachers in Vance County that go ‘above and beyond’ what the general job description says. If you could decipher what I wrote it was that if all the FUNDS wasted on made-up positions that carry hefty salaries over on Graham Ave. were ‘trimmed down’ then the schools might have money to actually put some more teachers/assistants in the classroom. You are preaching to the choir when it comes to dealing with children who come to school hungry…..tired…..having slept on the clothes they wore last night. I have witnessed it 1st hand more times than you could possibly imagine. My question to you is that if you knew of what you speak……you would know that teachers who have a 4th grade classroom haven’t had assistants probably since the turn of the century. If she had an asst. it was either by mistake or one of the many examples of Vance Co. Schools wasting taxpayer money. Ask anyone in education how many 4th grade teachers have assistants…..I guarantee you the answer is less than 1………So before you try to rebuttal an issue you have little to no knowledge of I suggest you do your homework…..NUFF SAID.
Anonymous…I went by the ESC today for a job as a slut b/c I believed you said there was an opening….much to my surprise they said that “anonymous’ mother” had just gotten the job…..Another lost opportunity……Your posts are for lack of a better word….DUMB…IGNORANT…CHILDISH….and probably paint the perfect picture of you and yours. NUFF SAID……
I’m sorry Deception….I didn’t mean to offend your knowledge of the matter.
One Voice: No offense taken…I just wish there were more teachers like your daughter who go “above and beyond” instead of barely doing what is required of them by law. My motto is this: REACH ONE…TEACH 1…I have always said that anyone who is entering the field of education and is ‘new’ to the profession should have to get on a bus with others with similar experience and tour some of the places that these kids are sent to school from…I wouldn’t even go as far as to call them ‘homes’ b/c they are far from what I consider to be a home. When you have elementary age students going home to fend for themselves until a guardian/parent comes home from the internet cafe or the store down the street then here you have a child who doesn’t have a snowballs chance in H–L of breaking the cycle of dependence of the govt. for assistance. Ever heard the saying that it “takes a village to raise a child”? It really only takes 1..preferably 2 caring adults/guardians/parents who want what is best for their child. But in today’s “SUE SOCIETY” you have parent/guardians who you can’t get to come to a PTO meeting or any meeting to discuss the issues that may be occurring at school but let someone say something or let that child go home and make up something that they thought Mr./Mrs.X said about them and you will have aunts/uncles/cousins/so-called activists at the school demanding that Mr./Mrs. X be fired before ever finding out the ADULT version of what happened.
Too much waste over on Graham Ave…Here’s another example. What do you think the salary of the Public Information Officer Terri Hedricks? What other duties does she have other than the obvious? Why not combine some of the Graham Ave. positions so that so much money isn’t wasted on salaries of people who have NO DIRECT IMPACT on whether or not your child/grandchild is learning anything at school? The ones who are the most important in a child’s education are in this order 1.Parent/Guardian….2.Teachers/Assistants…3.Other staff members within the bldg. that they attend school…..Do you notice that none of the above mentioned adults work on Graham Ave? Do you get my point and let me apologize for ranting but the waste of money over on Graham Ave. is a travesty to say the least………really that is NUFF SAID.
Could it be that some of these ‘do nothing jobs’ on Graham Ave are some type of State/federal mandated postions that need to be in any school system? Anybody can get on the radio and do a information session on daily activities in school; or give a press report to the paper…….