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Election of Nick Mackey to be Reviewed
 
The North Carolina Democratic Party's Council of Review will meet Saturday, February 2 at 10:00am in the Chamber of the Charlotte Mecklenburg Government Center. The purpose of the meeting is to review the process of electing Nick Mackey to be Mecklenburg County Sheriff.

Here are the rules and proceedures for the hearing:

Opening. The chair of the Council of Review shall begin the hearing by ascertaining that all parties have been given notice of the hearings and copies of the grievance and such other documents as may have been filed, and that all witnesses requested by either the Petitioner(s) or the Respondent(s) to be invited and attend have been invited by the chair of the Council of Review. The chair of the Council of Review shall advise the parties that the hearing is held to enable the Council of Review to hear evidence of the acts, omission or conditions alleged in the grievance and to adjudge, on the basis of that evidence, the merits of the dispute or controversy involved, and the Council of Review has the right to confront and cross-examine the Petitioner(s) and all witnesses adverse to a party involved, and to present evidence and argument in their own behalf. 

 

Admissibility of Evidence. The evidence of witnesses, beginning with those who support the grievance, shall be given under oath or affirmation if any material allegations of fact are denied by the Respondent(s), and shall be elicited by the parties, or their representatives, and as appropriate, by any member of the Council of Review. An opportunity for cross-examination of all witnesses shall be allowed. Evidence, to be admissible before the Council of Review, shall be of a direct, non-hearsay nature. The Chair of the Council of Review shall rule on all issues of procedure and evidence and may only be overturned in the hearing by a two-thirds majority of the Council of Review present and voting.

Standard of Proof. In order to uphold the grievance, all material facts alleged therein shall be proved by clear and convincing evidence. 

 

Procedure. The following Procedure shall be observed for the hearing by the Council of Review. 

 

  1. Presentation of Case by the Petitioner(s) (30 minutes maximum)

      a. Opening statement concerning the Petition, if desired.

      b. Petitioner(s)' witnesses are called, examined and cross-examined.
      c. Petitioner(s)' non-testimonial evidence is presented. 

 

  1. Presentation of Case by Respondent(s) (30 minutes maximum)

            a. Opening statement concerning Answer, if desired.
            b. Respondent(s)' witnesses are called, examined and cross-examined.
            c. Respondent(s)' non-testimonial evidence is presented. 

 

  1. Closing Statement by each party . (5 minutes maximum for each)
  2. Council of Review closes to deliberate in executive session. Council will announce its decision in open session before all parties and will, upon request, announce the numerical vote. 

     

The Council of Review, by majority vote of those present and voting, may extend the lengths of time for presentations and closing statements outlined in 1. -3. above.  

 

Adjudication. In adjudicating any dispute arising before it, the Council of Review shall find that the Petitioner(s)' grievance is either meritorious or non-meritorious, in whole or in part. In any case in which the Council of Review determines that a grievance is meritorious, in whole or in part, the Council of Review must then determine whether the incident(s) or event(s) complained of had any material impact adverse to the interests of the Petitioner(s). If the Council of Review determines that a material adverse impact has occurred, it shall order steps, within its discretion, to remedy the impact caused by the incident or event complained of. When the Council of Review determines that no material adverse impact has occurred, it shall not enter any order other than its order finding that the grievance is meritorious but without material adverse impact. For an order to be issued, a majority of the Council of Review must concur. 

 

Appeal. All decisions by the Council of Review shall be final, except that any decision of the Council decided by less than a two-thirds vote may be appealed to the state executive council within 15 days of the date on which the decision of the Council of Review is made public. Decisions regarding removal from any office of the North Carolina Democratic Party shall be governed by Section 10.02. 

 

Source: North Carolina Democratic Party Plan of Organization as amended Jan 20th, 2007

Coverage of this event is offered as a public service by the Mecklenburg County Public Service & Information Department. Event day contact is Roger Kortekaas - 704-579-0258




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