Cabarrus Cheap Seats

Update: For the full summary of the “Juba Scandal” - click here.

Over the past couple of weeks, I’ve been trying to mix things up a bit and not just react to www.goharoldsmith.com all of the time. With the last four posts by Harold Smith, I really didn’t have much of a choice.

A little while ago, Harold Smith discovered my blog. Since then, I’ve noticed he’s given to numbering his posts in a series and the overworked sports metaphors were pretty new for Harold. Not that I’m taking all of the credit. He might just be working harder for the new low that he’s found.

Here they are in order:

August 23, 2005: Alert! Juba has conflict of interest!
Juba recommended Turner Construction Company as the construction manager for the new jail. But then she excused herself from voting because she stated she had a financial conflict of interest with Turner Construction.
My question is, “why did Chairman Carpenter appoint Mrs. Juba as a committee of one to bring a recommendation if she knew Mrs. Juba had a conflict of interest.?” If Mrs. Juba had a conflict of interest in voting for a construction manager did she not also have a conflict of interest in bringing a recommendation of a construction manager. Mrs. Juda is the CEO of Juba Aluminum Products, a sub-contractor.
My second question is, “What was the process of selecting Turner Construction, a large German owned company, to be the construction manager for the new jail? What other companies were considered? What were the deciding factors in selecting Turner Construction?”
This decision to select Turner Construction Company as the construction manager troubles this taxpayer. The new jail will cost the taxpayers $57 million. What specifically is Mrs. Juba’s conflict of interest? How specially will Mrs. Juba benefit from this decision?
Something to think about! Harold Smith
Follow up letter to Chairman Carpenter
Dear Chairman Carpenter,

On behalf of the taxpayers of Cabarrus County, I am troubled by Juba’s declared conflict of interest in selecting the Turner Construction Company as construction manager for the new jail.

Please make available a copy of the RFP for the construction manager and copies of all responses to the RFP for me to pick up at the County Administration Building. I expect these copies to be given without any copying charges or any other fees since I will review and give an independent view to the taxpayers of their content.

Please let me know as soon as I can pick up the copies.

Harold Smith

August 25, 2005: Alert #2: JubaÂ?s Conflict of Interest
Commissioner JubaÂ?s participation in the selection process of construction manager for the new jail was totally, completely improper. Juba is CEO of Juba Aluminum Products, a sub-contractor who will want to solicit sub-contracts for the new jail.
For Commissioner Juba to declare that she has a Â?conflict of interestÂ? in voting for the construction manager is not enough. The Â?conflict of interestÂ? must be eliminated!
Either Juba Aluminum Products must be disqualified as a sub-contractor for the new jail.
Or
Commissioner Juba must resign as commissioner.
This is the only remedy to protect the taxpayers and eliminate Commissioner JubaÂ?s Â?conflict of interestÂ?
Today, I examined in the County Manager Office the proposals from other companies to be the construction manager. Two other proposals from FN Thompson Company and Bovis Company submitted compelling and competitive proposal. They both were just as qualified to be the construction manager as Turner Construction Company.
Commissioner Juba should have never been involved in this selection process. Chairman Carpenter should have never appointed Commissioner Juba to be involved in this selection process.
This situation can not be tolerated by the taxpayers. Harold Smith

August 26, 2005: Alert #3: JubaÂ?s Conflict of Interest
Open Letter to Chairman Carpenter,
Commissioner JubaÂ?s declared conflict of interest has tainted the selection process for a construction manager for the new jail. Commissioner JubaÂ?s involvement in the selection process was totally and completely improper. Chairman CarpenterÂ? appointment of Commissioner Juba to review and recommend a construction manager was totally and completely improper.
As a taxpayer of Cabarrus County, I demand that the selection process for a construction manager be started over again and that the full Board of Commissioners without any involvement by Commissioner Juba interview the three qualified companies: Turner Construction Company, FN Thompson Company and Bovis Company. After such review, the Commissioners will vote on the construction manager without a vote by Commissioner Juba.
Submitted by,
Harold Smith
Website: http://www.goharoldsmith.com/
cc: Turner Construction Company
FN Thompson Company
Bovis Company

August 28, 2005: Alert #4: Juba’s Conflict of Interest
Absurd????
“Â?ItÂ?s completely absurd,Â? Carpenter said of SmithÂ?s accusations.” This statement was made in the Saturday Independent Tribune article, “Juba abstains from vote; critics question CommissionÂ?s actions” written by Eric Deines.
What is “absurd” is for Commissioner Carpenter to act like nothing is wrong with what she did in appointing Commissioner Juba to the selection committee to review and recommend a construction manager for the new jail.
What is “absurd” is for Commissioner Juba to serve on the selection committee, interview and recommend a construction manager for the new jail and then declare that she has a “conflict of interest.” The damage had already been done. The selection process must be voided. It’s like an umpire calling a foul ball. Or, a referee calling a penalty. The down is played over again. Foul… Foul! Penalty Flag… Penalty Flaf!
That is what I call “absurd.”
Harold Smith

August 29, 2005: Alert #5: Juba’s Conflict of Interest
What if????
What is Commissioner Juba’s “conflict of interest” in the selection of Turner Construction Company to be the construction manager for the new jail?
What if Commissioner Juba’s company is already a sub-contractor with Turner Construction on a large construction job in Mecklenburg County?
What if Commissioner Juba and her husband are close personal friends with the president of Turner Construction?
What if Commissioner Juba’s company sells 100’s of items that can go into the construction of the new jail?
What if the meetings that Commissioner Juba participated in during the selection process of a construction manager are subject to the NC “open meeting” laws? Where is Mr. Fletcher?
What if Commissioner Juba prevented FN Thompson Company and the Bovis Company from getting a fair chance of being the construction manager for the new jail?
What if the NC Attorney General was contacted? What would be the legal remedies?
In Hockey, the player committing the penalty sits in the “penalty box.” Likewise, Commissioner Juba needs to sit in the “Penalty Box” as the commissioners reconsider who will be the construction manager for the new jail. Harold Smith

August 29, 2005: Alert #6: JubaÂ?s Conflict of Interest
Do you trust Commissioner Juba to be the Â?person of influenceÂ? in the building of a $57 million new jail in Cabarrus County? Chairman Carpenter and County Manager John Day doesnÂ?t see anything wrong with it.
Chairman Carpenter has not replied to any of my e-mails to her.
I am concerned that the selection process of the construction manager for the new jail did not comply with the Â?open meeting lawsÂ? and laws governing Â?conflict of interestÂ? for public officials.
Â?SmartaleckÂ? emails to me from John Day will not deter my determination to get to the bottom of this issue. Harold Smith

There’s a reason I didn’t jump on this like a Labrador puppy. Turnaround was slow - accuracy takes time. This post is separated into three facts and three speculations. Here goes.

Fact #1: Joni Juba Has The Most Commercial Construction Experience Of Any Other Elected Official.

There’s a book called “The Richest Man in Babylon” which is one of, if not the best book, best books on personal finance. There’s this great story about a man who lends money to a friend who is a bricklayer for a new venture. The bricklayer was investing in a jewelry exporting operation. The man’s money is quickly lost as the details of the jewlery business left the bricklayer bankrupt. The investor stated, “I would trust my friend again; but only on matters related to bricks”

The moral of the story is to invest with people who are familar with the market in question. On the Cabarrus County Board Of Commissioners (BOC), there is a loan agent, an insurance analyst, an educator, a retired Baptist Minister, and an executive in a construction contractor. Of those people, who is the best candidate to bring their experience to bear on the largest construction project in Cabarrus County currently scheduled?

The fact of the matter is that a $50 Million dollar project is not something to be trifled with. If their was not a construction professional on the BOC, they would have to hire the services of an outside consultants have their own motiviations; and the consultant would answer to nobody after the Contract Manager was hired. Obviously, having a member of the BOC to make the recommendation leaves some room for accountability.

Fact #2: Joni Juba Couldn’t Be A Sub-Contractor On The Jail Even If She Wanted To

Ladies and Gentlemen - Let me share the opening of NC General Statue 14-234:

§ 14?234. Public officers or employees benefiting from public contracts; exceptions.

(a) (1) No public officer or employee who is involved in making or administering a contract on behalf of a public agency may derive a direct benefit from the contract except as provided in this section, or as otherwise allowed by law.

(2) A public officer or employee who will derive a direct benefit from a contract with the public agency he or she serves, but who is not involved in making or administering the contract, shall not attempt to influence any other person who is involved in making or administering the contract.

(3) No public officer or employee may solicit or receive any gift, reward, or promise of reward in exchange for recommending, influencing, or attempting to influence the award of a contract by the public agency he orViolationves.

Vioation of that statue is a Class 1 misdemeanor - which is a least 6 months in jail.

Note in Alert #2, he states “Juba is CEO of Juba Aluminum Products, a sub-contractor who will want to solicit sub-contracts for the new jail.” Note the operative phase, who will want. Here’s the deal, Harold would have something if the Turner Construction included in their RFP that they would use Juba Aluminum or if he can prove that Turner Construction has compensated Juba Aluminum for Mrs. Juba’s actions on the BOC. He has neither, he merely mentions the possibility. That’s the equivelent of giving someone a speeding ticket for owning a car that could exceed the speed limit.

IF Juba Aluminum were to enter into a sub-contract, then the law would take effect. If they don’t, then she and her company are in the clear.

Another interesting point, in Alert #5, Harold asks this question, “What if the NC Attorney General was contacted? What would be the legal remedies?” This proves that his claims are completly specious. Allow me to demonstrate. Let’s say that your neighbors told you that they were going to be out-of-town for the week. They tell you to keep an eye on their house. Two days into their absence, a large truck pulls up and some men start emptying the contents of the truck. What do you do?

1. Make them a jug of sweet tea.
2. Call the cops.
3. Tell them what they are doing is wrong. Tell them that you know what they are really up to and ask them, “What would happen if I called the cops?”

#2 is the correct answer. #1 would make you a stupid, unwitting accomplice. #3 could be construed as blackmail. An honest person with a brain in their head would contact the authorities immediately if they honestly thought that someone was committing a pre-meditated crime. Harold bandies about this threat in his oafish way, because he’s got nothin’ - plain and simple.

Fact #3: Joni Juba’s Political Mistake Was Abstaining From The Vote

Go to a BOC meeting and listen to oratory of the crowd that Harold runs with - you would agree that probably wouldn’t have connected the dots unless she abstained from the vote. She could have voted and stayed inside of the law, but not without a good lawyer. All that aside, her influence on the decision was requested at the behest of the BOC. Her choice to stay out of the vote was not just so that she could be in compliance with the law; but she wanted to stay above reproach. I have to applaud that.

Nobody cried foul when Richard Suggs involved himself in zoning decisions anfacilitiesinst the adequate factilities fee. It was obvious that the BOC during those days was a board of the developers, for the developers, and by the developers. The decision to change was not made in the courts, but made at the ballot box.

I’ve reviewed her website and it would have been very difficult for her not to recommend Bovis without the same griping from Harold; because one of her customers is Bovis Lend Lease. Juba Aluminum and FN Thompson also shows up on Google searches near each other in business clubs and charity lists. There’s no doubt that they’ve sold to many different contractors. Joni Juba made the right choice in offering her advice and abstaining from the vote. It was above board and it represents an example of integrity that other elected officials should aspire to. She has nothing to explain - the facts speak for themselves.

Now, for speculation derived solely from my opinion, observation, and baseless rumors.

Speculation #1: They are just mad because Joni spanked one of theirs in last year’s primary

Here’s a cold, hard fact. For every 1 vote for Richard Suggs in last year’s Republican primary, there were 1.99 votes for Joni Juba. To be an incumbent, have the backing of the Cabarrus Taxpayer’s Association powerhouse, and to have recently cut taxes - it’s gotta be rough to get beaten…especially by a girl.

Richard Suggs may refer to himself as “Daddy” [the original link died, but enjoy this one], but on July 20, 2004 - it was painfully obvious to him who “His Daddy” was.

Speculation #2: Coy doesn’t like the process of the contract and Harold is his hit-man

I’m beginning to believe that Harold Smith is the Nixon to Coy Privette’s Eisenhower. Coy is this harmless little, old man that falls asleep during the meetings and Harold Smith does his dirty work in the court of public opinion. Good work if you can get it.

Here’s the deal, Coy doesn’t want the contracting option that the county is proposing. The majority of the BOC (even without Mrs. Juba) wants to use a fixed-price option. Think about that, a majority of 5 minus one is still 3…that leaves a lone dissenting vote. The fixed-priced option requires a higher up-front cost; but the county isn’t stuck with the bill if something goes wrong - the contractor is. So, why would Coy want to go with a risky time-and-materials option. Well, he’s not up for reelection when the jail is scheduled to be completed around 2008 - Joni Juba and Bob Carruth are. Which brings us to our next point.

Speculation #3: This is all about the 2006 and 2008 Board of Commissioners Elections

The allies of Coy Privette can’t even get Arch-Conservative Republicans to vote for them in primaries based on their borrow-and-spend philosophies. They resorting to character assassination and baseless insinuation. They need to pin all the problems on them to get their coveted positions back. It probably ain’t going to happen.

It’s time for the Men’s Club machine to cut out these non-sense “Alerts” - It’s put up or shut up time. If Harold Smith really thinks something fishy is going on here, he should call Roy Cooper…here’s his mailing address if you can’t figure out the webform:

NC Attorney General’s Office
9001 Mail Service Center
Raleigh, NC 27699-9001

Actually, if Harold, Coy, or anyone else KNOWS that something illegal is going on, they have a moral and legal obligation to do something about it. C’mon, Harold, point out exactly what statues were violated in the NC General Statues as they pertain to public officials and public meetings.

If not, please stand aside and let the people who the citizens of Cabarrus County overwhelmingly elected to office do their jobs.