published Bach Thursday
1g THE CAROLINA INDIAN VOICE
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PEMBROKE, N.c. ROBESON COUNTY
VOLUMES, NUMBER 11 20sPy COPY Thursday, March 13, 1980
-AN EDITORIAL INQUIRY, PART 2
PEMBROKE OFFICIALS CALL FOR
EXPANDED SBI PROBE IN
PEMBROKE BONDING CO. MATTER
Attorney General Rufus Edmisten says:
"Town Manager not in violation of 15-541"
In a letter to District Attorney Joe
Freeman Britt. Pembroke Mayor James
A. "Pete" Jacobs has called for an
espanded probe of the on going probe
concerning Pembroke Bonding Com
pany.
Mayor Jacob's letter follows a motion
articulated at a recent meeting of the
Pembroke Town Council whereby
Councilman Rod Locklear called for the
district attorney to, ip addition to
probing Pembroke Bonding Company,
"investigate thoae bondsmen or their
assigned runners who have written
bonds in the town of Pembroke without
securing a privilege license from the
town of Pembroke." Said an amused
observer. "It's called the tit for tat
law...if Pembroke Bonding Company
buys privilege licenses from Lumberton
then those Lumberton based bondsmen
and their runners must buy privilege
licences from Pembroke,.."
ATTORNEY GENERAL ABSOLVES
McDUFFIE CUMMINGS...
To confuse the" atafiec further the
North Carolian Attorney General, in a
letter to Pembroke attorneys, has
absolved McDuffie Cummings of any
wrong doing in his involvement with
Pembroke Bonding Company. The SBI
(State Bureau of Investigation) is under
the jurisdiction of the attorney general.
Attorney General Rufus Edmisten
said.
Mr. Dexter Brook*
Attorney at Law
Post Office Box 1015
Pembroke. N.C. 28372
Re: Bail Bondsman; Town Manager.
Dear Mr. Brooks:
By letter received on March 10. you
state the following facts: The governing
body of the Town of Pembroke, at its
regular meeting on March 3, directed
you to solicit an opinion from this office
concerning the town manager's interest
in bail bondmen's activities in Robeson
County.
The town manager has on deposit,
with the Clerk of Court, certain certi
ficates of deposits as required by the
special act relating to bondsmen in
Robeson County. (See Chapter 659,
Session Laws of 1979). We assume
these funds are private funds in which
the town has no interest.
The certificate of deposits are pledged
as security for another person who
writes bonds. The town manager does
not write bonds and has no interest in
the bonding company, but he does
receive a commission on each bond
written by the licensed bondsman who
owns the company.
You refer to G.S. I5A-541. which
provides as follows: "(a) No sheriff,
deputy sheriff, other law-enforcement
officer, judicial official, attorney, parole
officer, probation officer, jailer, assist
ant jailer, employee of the General
Court of Justice, other public employee
assigned to duties relating to the
administration of criminal justice, or
spouse of any such person may in any
case become surety on a bail bond for
any person other than a member of his
Immediate family. In addition no person
covered by this section may act aa agent
for any bonding company or profession
al bondsman. No such person may have
an interest, directly or indirectly, in the
financial affairs of any Arm or cor
poration whose principal business is
acting aa bondsman."
We note aloe that O.S. 85C-22 contains
almost Identical language as O.S.
ISA-141. However. Robeson County Is
eieiupt from the provisions of Chapter
ISC of the General Statutes.
You ask whether the town manager is
In violet ton of O.S. ISA44I.
Your letter states that the town
manager is not a law enforcement
officer and is not associated with the
Court system.
Clearly the town manager does not fall
within the prohibited positions set forth
inG.S. 15A-541, unless he comes within
the "catch-all" "or other public em
ployee assigned to duties relating to the
administration of criminal justice."
We do not know what provisions, if
any, of the town Charter may affect the
question presented. G.S. 160A-I48 sets
forth the duties of a city manager. He
appoints and removes city employees in
accordance with the policy of the
Council. He also must see that all laws
are faithfully executed within the city.
However, we do not believe the town
manager is a "public employee assign
ed to duties relating to the administra
tion of criminal justice", as that phrase
is used in G.S. 15A-S4I.
G.S. 17C-1 sets forth the public policy
of the State relating to the adminis
tration of criminal justice, and G.S.
17C-2 defines criminal justice agencies
and criminal justice officers. The town
manager's position does not fall within
these definitions.
We conclude, based upon the infor
mation contained in your letter, that the
town manager is not in violation of G.S.
I5A-S41.
Very truly yours
Bufus L. Edmlsten
Attorney General
The ROBESONlAN.in a series of
articles by Harvey Burgess, suggested
that McDuffie Cummings, the town
manager for Pembroke, had broken
the law by having made an investment
in Pembroke Bonding Company, which
records later revealed, is owned by Ray
Hunt, Pembroke's Fire Chief.
A McDUFFIE CUMMINGS VS
BEN FLOYD CONFRONTATION
On February 29, 1980, clerk of
court Ben Floyd summonsed McDuffie
Cummings to his office in Lumberton.
According to Cummings he went to the
meeting in tow with Ertle Knox Chavia,
the attorney of record for Pembroke
Bonding Company.
According to Cummings, Floyd said
he wanted to talk to him concerning a
series of articles which recently appear
ed in the Robeoeolan concerning
Pembroke Bonding Company.
According to those parties present,
Ben Floyd stated rather forcefully that
his office had been doing business with
McDuffie Cummings as Pembroke
Bonding Company; that McDuffie Cum
mings had been before the county
commissioners to secure the necessary
licenses; and that McDuffie Cummings
had deposited the necessary certificates
of deposit.
Holding aloft a copy of Ray Hunt's
privilege license (not the bail bonding
license issued by the commissioners)
doing business as Pembroke Bonding
Company. Ben Floyd said, according to
those present, that his office had been
misled and that he was about to
"revoke" McDuffie Cummings' "licen
se" when Assiststnt Clerk of Court
Dixie Barrington entered the proceed
ings and stopped Floyd.
Ms. Barrington, according to Cum
mings. quickly informed Floyd that Ray
Hunt (not McDuffie Cummings) had
appeared before the county commis
sioners and that Ray Hunt (net
McDuffie Cummings) was licenced to
write bail bonds and that he (Floyd)
should not go through with his
^idRMR^ffidt ' rwuATaf inn1
license since, If fact, he did not paatsss
one to begin whhl
The news frem Ms. Barrington
seemed le startle Floyd, according to
Cummings. Floyd was reported to coy
o
next, "You have been catching a lot of
flack for nothing. I was just acting on
what I had been reading in the
papers..."
In response Cummings' attorney,
Ertle Knox Chavis, stated that they
should get an opinion from the attorney
general.
According to a reconstruction of the
meeting Floyd said, "That's just it;
there is no opinion. I've been in contact
with Mr. Jones of the attorney general's
office and Robeson County is exempt
from the state statute.",
If so. Floyd, indeed, had already
gotten an opinion...but not the one
apparently that he wished to heart
According to the infamous Robeson
Bonding Act, the clerk of court does not
have the authority to revoke licenses
anyway.
As might be assumed, the conference
broke up shortly thereafter nJtfi Ray
Hunt continuing to do business as
Pembroke Bonding Company.
REFORM IN ROBESON...
Although the Rehseeuian probably
did not intend for it to turn out that way,
the recent series of "news articles" will
make all individuals guilty of wrong
doing answerable for their actions. The
series of articles might turn out to be a
blessing in disguise.
Too, the articles might encourage our
legislators to repeal the nefarious
Robeson Bonding 4kct and bring us
under the more enlightened state
statute.
For too long Robeson County has
been the legal sanctuary of the few;
aligning ourselves under the state
statute will assure that all Robesonians
(including bondsmen) will be treated
fairly and equally. Enough is enough 1
We call on Senator Sam Noble to
undo his actions of the past and
introduce legislation to repeal the faulty
Robeson Bonding Act which, mostly,
attempts to keep the Ray Hunts and
Pembroke Bonding Company out of the
bail bond business. America is for all of
us: REPEAL THE ROBESON
BONDING ACT, thereby bringing Rob
eson County into conformity with the
rest of the state and out of the dark ages
of the past and present.
As far as we are concerned one of the
questions we will ask prospective
legislators is: Will you support (or
introduce) legislation, if you are elect
ed, to repeal the Robeson Bonding Act.
The answer to that question will
determine, to a large extent, who we
will support as legislators. That seems
fair enough.
EDITOR'S NOTEi This concludes a two
part series on the rhubarb surrounding
McDuffie Cummings, the Pembroke
Bonding Company, and related matters.
We hope the articles, coming on the
haels of those in the Rebeeenlaa, will
give our readers reasonable Information
to make reasonable decisions for
themselves.
Republicans
Meet
March 24th
The Robeson County Republican
Party will hold Ms annual convention
Monday, March 24, at the Holiday Inn
North In Lumberton. Delegates to the
district and elate Republican Conven
tion will be selected at the 7 p.m. dinner
John Robert Jones, rheirinea of the
Robeson Ceenty Republican Party.
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PEMBROKE RESPONDS TO
RECENT DISRUPTION OF
EXECUTIVE SESSION
EDITOR'S NOTSi I hi* letter responds
to, u we see it, dtftrageous conduct on
the part of the Itfcmslss's Lynettte B.
Lynn, a staff writ#. snd WAGR's Chris
Rode, the radio st#><>n's news director.
We publish it for your edification.
Editor
The Robesonian
P.O. Box 1100
Lumberton, NC 28.">8
Dear Sir:
At the regular gutting of the Board
of Commissioner* of the Town of
Pembroke on February 8, 1980, your
reporter, Ms. Lynetic B. Lynn, barged
into an executive gession of this body in
what we feel was a most discourteous
manner. From what we have been able
to determine, she apparently did so on
the advice of your attorney Mr. W.
Osborne Lee, Jr. ie that a townsperson
was allowed to Remain in executive
session during wliiih another towns
person brought whet was represented to
be a grievance concrrning town person
nel to this body. As the second
townsperabh seemec'to have a similar
grievance, i'-.e'aiA sua- aHovted to
remain in the executive session. Our
decision was based on the opinionof our
attorney which was formulated upon
the authority of the work of David M,
Lawrence. "Open Meetings and Local
Government in North Carolina;" speci
fically, the following language on page 8
thereof: "The body may allow others to
attend (the executive session), if their
presence will be useful to the discussion
involved." As you .may know. Mr.
Lawrence is a distinguished professor of
law at Institute of Government of the
w
University ot North Carolina and is a
recognized authority on the open
meetings statute. Since the meeting our
attorney has been in personal commun
ication with Mr. Lawrence who concurr
ed with his opinion as aforesaid.
You are hereby advised that the Town
of Pembroke will not tolerate outrage
ous disruptions of our official meetings.
Under G.S. 143-318.17, "A person who
willfully interrupts, disturbs, or dis
rupts an official meeting and who, upon
being directed to leave the meeting by (
the presiding officer, willfully refuses to I
leave the meeting is guilty of a \
misdemeanor and upon conviction ?
thereof is punishable by imprisonment
for not more than sis months, by fine of
not more than Two Hundred Fifty
Dollars, or both." Again, it is the
opinionof our attorne and Mr. Lawrence
that a refusal to leave a duly called
executive session upon such request
constitutes a violation of the aforesaid
statute thereby subjecting the perpe
trator to criminal prosecution. We
would strongly advise that you encou
rage your agents and employees to
become more knowledgeable of the
open meetings law as this body has
every intention of using every remedy at
our disposal in order to preserve a
proper decorum in all of our official
meetings. You should take due and
proper notice of the above and conduct
yourself accordingly; you are further
requested to publish this letter so that
all concerned will have due notice of the
position of the Town of Pembroke in this
regard.
Cordially,
James A. Jacobs '
Mayor
GOVERNOR AND OTHER
I
NOTABLES APPEAR AT 5TH
i
ANNUAL INDIAN UNITY i
i
CONFERENCE
RALEIGH--Governor Jim Hunt spoke
to an estimated 600 persons who
gathered in Raleigh for the Fifth Annual
Indian Unity Conference. March 6-8.
Indian tribes and organizations across
the state and nation were represented at
the event which was held at the Royal
Villa Hotel and Convention Center.
The purpose of the conference was to
bring together Indians across the state
to discuss the nerda of Indian people in
education, health and legislation, and to
develop strategies to meet those needs.
The conference also gives Indian people
an opportunity to share their cultural
heritage.
Featured speakers included: Billie
Nave Masters, an educator from Irvine,
California and member of the Presi
dent's National Advisory Committee for
Women, on Thursday, March 6; Gov.
Hunt and A. David Lester, Commis
sioner of the Administration for Native
Americans on Friday. March 7.
The banquet on Friday featured
remarks by Secretary of Administration.
Jane Smith Patterson and Robert Swan,
Chairman of the National Advisory
Council on Indian Education
Other officials on hand wore Lieuten
ant Governor Jamea C. Green, Speaker
of the House Call J. Stewart, Com
mission of Indian Affairs Chair Jim
Lowry, and Commission Director A.
Bruce Jones.
Workshops wore hold Friday on health
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candidate for gnimi, drew a large
and responsive crowd to a wnrtshnp he a
participated in on Friday evening.
Special activities included a pow wow
at 9 p.m., Thursday, and a Native
American art contest on Friday. Willie
Lowery, well-known Lumbee musician
composer, entertained during the ban
quet on Friday evening. The Henry
Berry Band entertained afterwards.
The conference is sponsored by the
N.C. Commission of Indian Affairs,
N.C. Department of Administration in
cooperation with the North Carolina
Indian tribal organizations.
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H
M
Revival
Begins at
Saddletree
Church
of God
Kevival will begin at Saddletree
Church of God Sunday night, March 16.
Rev. Ronald Scott and Rev. James Hunt
will be guest speakers. Service begins
it 7 p.m. The public is invited to attend.
PLACE
FIRST
Jimmy Locklear and Tommy Bled
sole placed first in the egg- cookery
demonstration contest held at the O.P.
Gwens Agricultural Building Monday,
March 10, I960. This was the closing
class in a series for youth, conducted by
Ann Fail, Home Economics Extension
Agent of the Robeson County Agricul
tural Extension Service.
Girls
Softball
Planned
by Connty
Recreation Dept.
Robeson County Recreation de
partment will hold an organizational
meeting for Girls Softball Leagues, ages
12 and under, 13 and 14, and 15 through
rising seniors, on Monday, March 17,
I960 at 7 p.m. at the County office on
Elizabethtown Road in Lumberton.
Anyone interested in entering a team in
iny of these age groups are urged to
ittend. For further information, contact
Eva Patterson at 738-9061 or 738- 9595.
to walk
for the
March of
Dimes
The Saddletree Jaycettes will have
a March of Dimes Walk for Birth
Defects on March 29, from 10 a.m. until
2 p.m. in the Saddletree community.
They hope that the community will help
them fight birth defects.
No Surprises
at Board
of Education
Meeting
byCaonasBmybay
The Robeson County Board of
Education met at their new time- 4:30
p.m. on Tuesday evening. The ferreting
was held at the Resource Center due to
renovations of the Central Office.
Addressing the board were staff
members of Mai ton School's Graphic
Arts Program and Dr. Andrew Hays,
NC State University, external evaiuator
of the project.
Ed Ormsby. project director, iutiodu
T Dt Hj*yi* irA ***1
oed. In attendance was Q.B. Cum
mings. instructor of Graphic Alts, and
Sally Covington, service coordinator.
Dr. Hays explained that the pilot
program was funded by a Title IV, Part
C g.ant. The students in the program
produce s newspaper, The MaaSaa
Community Newa. Dr. Hays explained
that the purpose of the program is to
train people in the graphic arts. "It is a
language arts program," he said, "the
ides is to improve the language arts la
school by reading a newspaper...The
basic principle is to model reading so
that students develop a positive attitude
towards it The project demonstrates
that people read, write and gala
benefits from them....They learn to
value these things. Too many times we
tell students how important It is tor
them to learn things but we fail to show
them the benefit they can gain from it."
The board considered bids for four
cafeterias. Receiving the low bids were:
Home Builders of Whiteville. the
general construction: Gene's Electric,
heating and sir conditioning; Pembroke
Electric, electrical work; aad Coby
Lewi^ food service.
Assistant Superintendent Donald A.
Bonner spoke to Conference assignment
of the high school athletic programs.
Beginning with the 1961-82 school
year the assignments are as follows:
East Wsccanawi Acme-Delco, HaBs
boro. Nskins, North Brunswick. Row
Is ndFsirg rove, South Brunswick, Ta
bor City. Whiteville aad Williams
Cont'd on Page 9
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