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Recent appointment to NCAB violates state law.

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§ 93E-1-5. Appraisal Board. (from Chapter 93E North Carolina Appraisers Act Article 1
Real Estate Appraiser


(a)There is created the North Carolina Appraisal Board for the purposes set forth in this Chapter. The Board shall consist of seven members. The Governor shall appoint five members of the Board, and the General Assembly shall appoint two members in accordance with G.S. 120-121, one upon the recommendation of the President Pro Tempore of the Senate and one upon the recommendation of the Speaker of the House of Representatives. appointed by the Governor shall be appointed from geographically diverse areas of the State. The appointee recommended by the Speaker of the House of Representatives and the appointees of the Governor shall be persons who have been engaged in the business of real estate appraising in this State for at least five years immediately preceding their appointment and are also State-licensed or State-certified real estate appraisers. No more than three of the appointees may be members of the same appraiser trade organization at any one time. The appointee recommended by the President Pro Tempore of the Senate shall be a person not involved directly or indirectly in the real estate, real estate appraisal, or the real estate lending industry.


Stephanie Simpson who is emplotyed by the NC Assoiation of Realtors as the Governmental Affairs Director, was appointed to the NCAB last week. I believe this is an improper and illeaga appointment due to her employmet position. Stephanie may be Mother Teresa reincarnated, but when an issue comes up that is a choice between doing what is best for the public or best for the Realtors....you tell me what she is likely to do if she wants to keep her job? Here again, if a decision must be made that will favor Realtors over appraisers, I would expect her to follow the wishes of her employer.

I believe that her appointment is in violation of the Appraisers Act. The Act states that the PUBLIC members "not be involved directly or indirectly in real estate, appraisal, or the lending industry."

Now I ask you...is she or is she not directly or indirectly involved in the real industry? I would say that without any question she is. She should decline the appointment. Again, I am sure she is an outstanding person, she simply does not meet the requirements.

This is an improper appointment and I intend to point this out to Governor Easley and Sen. Marc Basnight.

She is a bad choice for a board seat. Not because she is a bad person but because of her direct relationship to the real estate industry. I think someone not involved in real estate at all would better serve the public interest.

If we allow the laws to be bent and broken when it suits us, we need not complain when the same actions do not suit us.


Bob Ipock
Gastonia, NC
 

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See last page, last line for VETO.


Senate Bill 1283
President Pro Tem and Speaker Appointments
Bill Text: Edition 1 | Edition 2 | Edition 3 | Edition 4 | Edition 5 | Ratified

Introduced by: Tony Rand


P/L = Public/Local Bill | $ = Affects Appropriations
* = Bill Text Has Changed


Session: 2001-2002 Session Prime Sponsors: Tony Rand.
Fiscal Note: N/A
Attributes: P *





Date Action
06/06/2002 S Filed
06/10/2002 S Ref To Com On Rules and Operations of the Senate
10/01/2002 S Reptd Fav Com Substitute
10/01/2002 SA Com Substitute Adopted
10/01/2002 S Placed On Cal For 10/1/2002
10/01/2002 SA Amend Adopted #1
10/01/2002 SA Amend Adopted #2
10/01/2002 SA Amend Adopted #3
10/01/2002 S Passed 2nd & 3rd Reading
10/02/2002 H Rec From Senate
10/02/2002 H Ref To Com On Rules, Calendar, and Operations of the House
10/03/2002 HA Reptd Fav Com Substitute
10/03/2002 H Cal Pursuant Rule 36(b)
10/03/2002 H Cal For Immediate Consid
10/03/2002 H Passed 2nd & 3rd Reading
10/04/2002 S Rec To Concur H Com Sub
10/04/2002 S Placed On Cal For 10/4/2002
10/04/2002 S Concurred In H/com Sub
10/04/2002 S Ratified
10/04/2002 S Pres. To Gov. 10/4/2002
11/03/2002 S Vetoed 11/3/2002

[how a law is made]
 

Stephen J. Vertin MAI

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Bob:

It is to bad appraisers lost, what sounded like, positive news. At least that was the opinion of many. I knew nothing more about the woman than what I read here. However, it is my opinion the Governor did the fair and righteous thing. My hat is off to the man for making a honorable decision. You stuck to yours guns and did not back down I have to respect that.

Steve Vertin
 

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Steve,

Appraisers lost nothing. The lady was never qualified to be nomonated for a public seat. You can not lose what you never had. She simply did not and does not meet the statutory requierments for the position. It could be said that Colin Powell, Donald Trump, Jesse Jackson, Al Gore, Bob Dole or Mel Gibson would all make fine board or commission members in North Carolina. However, none of them meet the standrs either.

In fact I say that appraisers and more importantly the public have WON. This will be a wake up call that all board and commission appointments in NC must have more careful consideration. Appointing two DEAD GUYS indicates that board and commission appointments get little or no thought or investigation.

Those that support any improper appointment use the same thougth process of appraisers who belive that as long as the VALUE on an appraisal is OK.....nothing else matters. Forget the rules, regulations and requirements as long as the end result suits you. Sorry but my ethics don't change according to what is best for me. Right is right and wrong is wrong.
 

Stephen J. Vertin MAI

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Bob:

You say:
Sorry but my ethics don't change according to what is best for me. Right is right and wrong is wrong.

As it should be, you will get no arguement from me.

Steve Vertin
 
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Bob

You have mislead readers of this forum with your topic headline.

The governor vetoed this bill which addressed over 180 appointments to many boards and commissions. This vetoe was not directly related to the NCAB nor is there any indication that the governor was specifically targetting Stephanies or David Hoyle, Jr.s appointment (or Henry Faircloths or Bart Brysons reappointment) even though you might like to think that such was the case. As the news article posted, the fact that two appointees were dead and that the governor felt that 5 were not qualified and that another 8 appointees should have been his to appoint were a convenient excuse for the governor to get a lame duck session of the legislature for other political agenda.

It would be as close to the truth to make the allegation that the governor vetoed this bill because he believed that Bart Bryson was not qualified for reappointment because he was legally blind or as one swag suggested, that he opposed Barts reappointment because he is brain dead, hence the reference to the dead appointees.

I would have a greater admiration for your stand on the principles on this issue had you also chatised the reappointment of Faircloth (who is a builder). But when you continue to harangue and chastise regarding only the appointment of Stephanie, I think you are being a bit two faced and makes me question the motives.

As we have discussed several times, the NCAR is trying to get some qualified and competent people on the board to break up the good old boys clique which has created the sorry state of affairs at the NCAB. The fact is that your efforts to block these new appointments is counter productive in this regard; I believe that your bias against the Realtors has clouded your judgement on this issue.

Nevertheless, you are entitled to your opinions, and I am glad that you, unlike many of the other appraisers in this state, are taking an active role in stepping forward to address abuses of the NCAB, even though we disagree on some of the issues.

Regards

Tom Hildebrandt GAA
 
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Bob

You have mislead readers of this forum with your topic headline.

The governor vetoed this bill which addressed over 180 appointments to many boards and commissions. This vetoe was not directly related to the NCAB nor is there any indication that the governor was specifically targetting Stephanies or David Hoyle, Jr.s appointment (or Henry Faircloths or Bart Brysons reappointment) even though you might like to think that such was the case. As the news article posted, the fact that two appointees were dead and that the governor felt that 5 were not qualified and that another 8 appointees should have been his to appoint were a convenient excuse for the governor to get a lame duck session of the legislature for other political agenda.

It would be as close to the truth to make the allegation that the governor vetoed this bill because he believed that Bart Bryson was not qualified for reappointment because he was legally blind or as one swag suggested, that he opposed Barts reappointment because he is brain dead, hence the reference to the dead appointees.

I would have a greater admiration for your stand on the principles on this issue had you also chatised the reappointment of Faircloth (who is a builder). But when you continue to harangue and chastise regarding only the appointment of Stephanie, I think you are being a bit two faced and makes me question the motives.

As we have discussed several times, the NCAR is trying to get some qualified and competent people on the board to break up the good old boys clique which has created the sorry state of affairs at the NCAB. The fact is that your efforts to block these new appointments is counter productive in this regard; I believe that your bias against the Realtors has clouded your judgement on this issue.

Nevertheless, you are entitled to your opinions, and I am glad that you, unlike many of the other appraisers in this state, are taking an active role in stepping forward to address abuses of the NCAB, even though we disagree on some of the issues.

Regards

Tom Hildebrandt GAA
 

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Tom,

You have screwed up again. My post made no comments at all. None. It was the news release that was sent to me. I posted a NEW TOPIC with the title of "NC Appointment Process in The News. WOW!". The article related to ALL appointments, not just NCAB.

I made no comments at all. Steve replyed to THAT NEW POST under this old topic.

I don,e know why nor do I care why Easley decided to vetoe the wjhole bill. I filed a acomplaint with the Attorney Generals Office concering Ms. Simpsons appointment AND FAIRCLOTH'S APPOINTMENT! I believe both appointments violate the law. I DID NOT file a complaint on Hoyle's appoint since it did NOT violate the law.

MY new post FROM YESTERDAY.



Easley Uses Veto For First Time In State's History
POSTED: 12:28 p.m. EST November 6, 2002
UPDATED: 12:43 p.m. EST November 6, 2002

RALEIGH, N.C. -- Governor Mike Easley has used gubernatorial veto power for the first time in the state's history.
Easley says he rejected a bill in which the General Assembly appoints people to a number of state commissions.
Veto power was first granted to North Carolina's governor in January 1997.

Easley actually vetoed Senate bill 1283 on Sunday, but didn't announce the decision until Wednesday, according to information on bill action provided by the General Assembly's Web site.
The appointments bill is typically noncontroversial, naming hundreds of people to the advisory commissions that help make policy for state government.
Easley, in a statement, said some appointees do not meet the statutory requirements necessary to serve on the boards. He did not say which appointees he meant.
In his veto message, Easley said two appointees are dead, five aren't qualified and six involve appointments that are required to be made by the governor.
"Many of the boards and commissions were enlarged again this year, continuing a troublesome trend of expanding government in a time when we need to make every effort to be more efficient and lean," he said.
The veto means that the governor will have to call a special legislative session no later than Wednesday, though a majority in the House and Senate could agree that a special session is not needed.
Easley's explanations notwithstanding, Republicans have long speculated that the governor and Democrats would try to find a means to bring the lame-duck Legislature back into session.


From WRAL.com today, 11/06/2002
_________________
Bob Ipock
North Carolina

Below is the the email I got from The AG's office yesterday:


Mr. Ipock:

You wrote recently concerning appointments to the NC Appaisal Board by the Senate President Pro Tempore in Senate Bill 1283.

This bill was nullified by the veto of Governor Mike Easley. You can find additional information regarding the veto at http://www.ncga.state.nc.us/html2001/Bills...sb1283Veto.html

I hope this information is helpful.

Julia White
Chief of Staff, NC Department of Justice


All I did was publish the news release. If you find the news release MISLEADING you can take it up with someone else.

I have not claimed credit or blame for Easley's Veto. I will accept neither credit or blame from you. I was damn sure not consulted.

When DEAD PEOPLE are appointed to boards, unlawful appointments are made and the House and Senate are making appointments that the GOVERNOR is required to make...I say we have a pretty screwed up mess.
 
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Bob

You whole post and comments are full of your opinions. Get real.

Tom
 
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