Monkey Business Alert: Haywood County Emergency Management
In 2005, leftist writer Thomas Frank penned a tome called “What’s The Matter with Kansas?”. In 2014, there are probably a lot of people asking “What the hell is the matter with Haywood County?”
A group of Haywood County grassroots activists is going hard after the county’s Emergency Management Ordinance. They’ve read the fine print, and are alarmed at what they’ve found:
Soooo ….. a “state of emergency” can be declared without notice and the unelected county manager is granted dictatorial powers. The manager can unilaterally order evacuations, and can fire ANY public official who doesn’t follow his orders to the TEE. The county manager is also given absolute control over all law enforcement agencies in the county.
Sub-section (f) is the part that really sends a chill up the spine:
Yep. That’s right. Subsection (f) grants the county manager — during a “state of emergency” — the power to “establish a system of economic controls over all resources, materials and services.” Holy George Orwell, Batman! Holy Ayn Rand!
In Haywood County, the county manager — during a state of emergency — will have the final say over what you get paid at your job or what you pay in rent. The manager will have a say over what the local gas station charges for gas, and what the local merchants can charge for food, or clothing, or other staples. The manager can also institute price freezes or rationing. Wow! Karl Marx is beaming with pride from his VIP suite in Hell.
It gets *better.* Subsection (g) abolishes your constitutional right to freedom of assembly. Subsection (i) appears to grant the county manager the power to do whatever he/she wishes under the pretense of “the immediate relief of human suffering.”
Subsection (j) is an even bigger doozy. It allows the government to take your property for the purpose of “emergency management without regard to the limitation of any existing law.”
Thankfully, the ordinance has become a major issue in this year’s races for the Haywood County board of commissioners. Folks, this is a prime example of how you can’t count on your local leaders or local media to watch out for your best interests.
If I’m not mistaken, the commissioner who was one of the main ones pushing this ordinance into existence was Kevin Ensley, now a county chair for the Thom Tillis for US Senate campaign. Two people who were instrumental in organizing opposition to the ordinance were Denny & Debbie King. After Ensley was reelected, he paid them back – with an absurd increase to their property taxes via revaluation.
Kevin Ensley has to go, then the ordinance!!! He has NEVER done any good for anyone.
Moore County (and municipalities) need to review their emergency preparedness processes for assignment of authority. Per the above report, there seems greater emphasis on reaction to emergency in Haywood County, rather than preparedness for emergency.
With the latter, command, control and communications (C3) should be seamless, with no need for drastic changes in authority. Elected leaders remain leaders. Managers remain managers, advising their leaders. Period. If elected leaders cannot handle the requirements of an emergency, they need to be replaced. You can only assess that in an exercise environment or, alternatively, in a real emergency. I’d prefer the former. Regular citizens are typically not engaged in the planning and preparation phases of emergency preparedness. Each citizen is his/her own first responder. We need to build preparedness starting with that basic premise.
DHS loves to centralize authority in their direction, and rarely to the benefit of the citizen. Beware wholesale adoption of DHS attempts to think for us.
The state GS 116A-8, Article 36A, Chapter 14 gives the county the responsibility of setting the civil management succession to assure public safety during Riots, Civil Disorder or Emergencies.
If you read the ordinance in total, the hierarchy for emergency management makes sense for the temporary management in exceptional circumstances. It is also clear that the County Manager reports to the Chairman of the Board of County Commissiners at all times.
Well, well then I guess you can explain to me how they can uphold the law by breaking the law as stated in chapter 31 section J? Give it your best Marxist shot!
The Haywood County Emergency Management Ordinance states…”Pursuant to N.C.G.S. 116A-8 and Article 36A of Chapter 14 of the North Carolina General Statutes, the existence of a state of disaster may be proclaimed by the County Chairperson without notice by a resolution of the Board of County Commissioners in an emergency meeting if a disaster threatens or exists.”
During the September 15, 2014 Haywood County Commissioners’ meeting the county attorney said courts have held that federal NC Emergency Management Act found in Article 1 Chapter 166A is constitutional.
Question: Where in the aforementioned statutes is the chairman of the county commission granted the authority to proclaim a “state of disaster?”
And, what statue gives the county manager or the county commissioners the authority:
***(f) To establish a system of economic controls over all resources, materials and services to include food, clothing, shelter, fuel, rents and wages…
***(j) To procure, by purchase, condemnation, seizure or by other means to construct, lease, transport, store, maintain, renovate or distribute materials and facilities for emergency management without regard to the limitation of any existing law.
It is my understanding the governor has the authority to declare a state of disaster. The chairman of the county commission has authority to declare a state of emergency. I believe the difference is important.
The way I see it, Haywood County Commissioners are still supporting their presumed authority to declare a state of disaster, and their presumed authority to have draconian powers.
However, in all of their referencing statutes I cannot find where they have this power.
-Denny King
Denny King, you have my support in your run for a Haywood County seat on our Board of Commissioners. I appreciate your work representing the citizens of Haywood County each and every day…Jonnie Cure’
Denny King, we trust you to do right for Haywood County citizens. You and Debbie have shown your dedication in working for our best interests. Thank you