Agenda - 11-13-2018 8-a - Minutes

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4 1 A motion was made by Commissioner Price, seconded by Commissioner Marcoplos for 2 the Board to approve and authorize the Chair to sign the attached resolution. 3 4 Commissioner Marcoplos said if this amendment were to pass, it would waste a lot of 5 money that could be used on other endeavors. 6 Commissioner McKee asked if someone could explain how this proposed amendment 7 violates due process rights. 8 John Roberts said he did not write this. 9 Commissioner McKee also asked if there could be clarification regarding the following 10 language: “unnecessarily restrict and delay criminal proceedings, undercut diversion programs”. 11 Commissioner McKee said he found it odd that the Board of County Commissioners 12 passed a resolution supporting Marsy’s Law in March 2018, and he read a portion of the past 13 resolution, which stated that the BOCC knew that this was a constitutional amendment. 14 Commissioner Rich said she cannot speak to this since Chair Dorosin wrote it, but 15 Chair Dorosin investigated further and believes the Board’s previous support was a mistake. 16 Commissioner McKee said he would think that the whole board should find the answers 17 to these questions. He said he will vote against it, and he questions why the Board is not doing 18 the same. He said supporting victims’ rights is paramount to a safe society. 19 John Roberts said it is a position statement and an opinion written by Chair Dorosin. 20 He said he cannot state whether this opinion is correct, but noted that Chair Dorosin is not 21 alone in this opinion. 22 Commissioner Jacobs asked John Roberts if he knew when the constitutional 23 amendments were compiled. 24 John Roberts said some of them were in the General Assembly early in the session, 25 and some came later. 26 Commissioner Price said other attorneys have expressed similar concerns, and initially 27 the intent was good, but realizing what could happen if this were put into the constitution before 28 the law was written beforehand. 29 Commissioner McKee said he has the same concerns about many of the proposed 30 amendments, but when he voted for this in March he knew what he was voting for. 31 Commissioner Marcoplos said the proposed amendment is not providing victims’ rights 32 for the first time in N.C. history, as there is already protection encoded in the law. He said the 33 language is so ambiguous, and some states that have passed this law are rescinding it to 34 reduce the ambiguity. 35 Commissioner McKee said he agreed with Commissioner Marcoplos, and he had his 36 own concerns with this original law. He said he does not know what the consequences are in 37 the third paragraph of this resolution, and has a hard time voting to rescind something that he 38 thought was a good idea. He said the language in this evening’s resolution is strong, and he 39 would like more details. 40 Commissioner Burroughs said they all learned more information about this law since 41 March, and it is okay to change one’s mind. She said the lack of clarity is exactly why it should 42 not be in the constitution. 43 Commissioner McKee said the resolution the BOCC passed in the spring was very 44 clear. 45 46 VOTE: Ayes, 5; Nays, 1 (Commissioner McKee) 47 48 Jim Merritt (Items not on the printed agenda) said he is the co-chair of the Veteran’s 49 Memorial Committee, and he is giving a status report tonight. He said Ranger Up is planning a 50