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Published: Oct 28, 2009 02:00 AM
Modified: Oct 26, 2009 02:38 PM

Manager issues apology
 
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For at least two months, Birmah Stemler, a Smithfield resident, had planned a Patriot's Day Tea Party on the steps of the Johnston County Courthouse. The event on Sept. 11 was to coincide with Patriot's Day. Ms. Stemler approached members of the town's staff well in advance to inform us of her plans and to seek the necessary approvals and permits.

The town has a longstanding process requiring a permit to be issued for such events, especially if the use of amplified sound is planned. The town, of course, has a legitimate interest in permitting such events because of the possibility that the enhanced sound might offend those living or working close to the event, but not participating. This permitting process does not restrict the basic right of public assembly and free speech.

In advance of approaching the town, Ms. Stemler had secured the approval to use courthouse property for the event.

The Tea Party was held as scheduled on Sept. 11. However, during the midst of the event, town staff interrupted the participants to advise that specific permission for the use of amplified sound had not been obtained. Accordingly, those at the event, including Ms. Stemler, were asked to discontinue use of the amplification, and Ms. Stemler and the others readily complied, though the event itself continued on uninterrupted. A permit had not been obtained, but there was and is much more to the story, as I've described below.

After the event, Ms. Stemler and a number of others in attendance expressed a considerable amount of dissatisfaction. Regular media coverage chronicled the event. While I did not personally attend the Tea Party, I received several complaints late that evening and early the next morning.

In my capacity as town manager and administrative head of the town's operations, I had an opportunity to meet with Ms. Stemler regarding these complaints. In addition, I carefully reviewed file information and statements from various town employees concerning this entire matter. My conclusion is that we -- the town's administration, for whom I am responsible -- not only "dropped the ball" during the permitting process but failed to "pick the ball back up" by taking corrective action that would have easily remedied the Tea Party not being properly permitted for amplified sound. My research indicates (clearly) that there was ample time for a permit to be issued for the use of amplified sound prior to the event, thus avoiding the entire cause of the controversy.

Ms. Stemler appeared before the Town Council at the October regular meeting outlining her efforts to secure the necessary permits and, in addition, to ask for a formal apology from the Town Council. As I indicated at that meeting, while there is no apology justified from the mayor and Town Council, there certainly is one from the town administration, and as town manager, I willingly offer such an apology.

The above represents an unfortunate chain of events and represents very poor communication on the part of the Town's staff. On a positive note, it has given us the opportunity to re-examine our permitting processes and to implement appropriate changes. These changes, which are still being developed, should help avoid future situations such as those that created confusion in advance of the mid-September Tea Party.

I have apologized to Ms. Stemler personally, and the purpose of this letter is to convey that apology publicly to all those who might have been affected. I appreciate the media giving me the opportunity to communicate with them through this apology.

While the town's operations are never perfect (they are administered by human beings), we strive our very best to serve the general public and, in particular, the citizens, taxpayers and visitors to our fair town.

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