Sheriff paid news reporter's cell phone for years

Long-time Statesville Record & Landmark police reporter, Donna Swicegood, apparently for several years used a cell phone issued to her by the Iredell County Sheriff's Office and paid for by county taxpayers.

In a March 5 editorial reacting to Report/Mooresville Weekly questions, R&L Publisher Tim Dearman acknowledged that Swicegood – whose “beat” for 25 years has included county emergencies – was “handed” the phone by a county official “several years ago” but she returned it “a few months ago” because having it “could have been perceived as a conflict of interest."

The phone was issued through the Iredell County Sheriff's Office (ICSO). But the sheriff's chief deputy, Rick Dowdle, did not respond to Report questions about who specifically provided the phone and how long the county paid for it.

Deputy County Manager Tracy Jackson said the county's finance office can't answer those questions because Swicegood's detailed phone records – which are public documents – are accessible only through the ICSO since “the Sheriff's Office maintains the call detail records for cellular phone use by their personnel.”

Iredell's finance department receives only a summary page of the sheriff's office monthly cell-phone bill, which does not include names or numbers associated with issued cell phones. “This protects the Sheriff's deputies and informants by restricting these records from public access,” Jackson said.

A police reporter carrying a cell phone issued by her beat – in this case, the sheriff's office – “represents a clear conflict of interest,” said Kevin Z. Smith, chairman of the Society of Professional Journalists' (SPJ) ethics committee. He said SPJ's code of ethics suggests that journalists should avoid conflicts “to maintain the credibility of the journalist's work and to assure that the public's interests are being met and not those of her sources and the people on her beat.”

Avoiding conflicts of interest, real or perceived, and serving as watchdogs of government are widely-shared values of journalists. Those values are also included in SPJ's code of ethics.

“If she will accept a phone, then what else has she accepted you don't know about and what ground rules have been put in place to accommodate her, or worse, the (sheriff's) department?” Smith asked. “Are they trading a cheap cell phone for coverage?”

Fred Brown, vice chairman for the the SPJ ethics committee, said he could understand a cell phone being issued to a reporter if the phone granted her “special access to sheriff's office communications” or “better inside information on stories.”

However, he said, “no matter what the circumstances, she or her employer should pay the bills for the phone. The free press shouldn't be accepting taxpayer subsidies in that way.”

Jackson said to his knowledge, neither the R&L nor its parent company, Media General, reimbursed the county for Swicegood's use of the phone.

In a Feb. 25 e-mail to the Report, Jackson – who said he had consulted with the ICSO's Dowdle and County Finance Director Susan Blumenstein – said Swicegood was issued a county cell phone because she “is the lead for Crimestoppers in our county and can get critical information to media outlets quickly when a major crime occurs.”

He said Swicegood also “serves as the County's Public Information Officer during disaster situations.”

Dearman, in his March 5 editorial, called that “a rumor” that is “absolutely false.”

He said, however, that Swicegood has served “for many years” on the Iredell-Statesville Crimestoppers board and is “a volunteer member of the Local Emergency Planning Committee as a media representative.”

“Most counties have these types of boards, and many include media representatives,” Dearman wrote. “The staff of this newspaper is very involved in this community because we live here, raise our families here, pay taxes here and vote here.”

But experts in journalism-ethics agree that a reporter representing the same entity she covers for a newspaper is risky business: “There is no parity or equality in the reporting of news to the press when one member of one media outlet is an active member (paid or not) of the police department and works in unison with the police to decide what gets reported, who gets it and when that happens,” said the SPJ's Smith.

Dr. Lois Boynton, associate professor of ethics and public relations at UNC-Chapel Hill's School of Journalism and Mass Communication, agrees: “The competing loyalties can create an ethical conflict - will (Swicegood) cover the sheriff's department objectively if she is considered part of that organization?”

“It's difficult to serve two entities (even when well intentioned) particularly when the news media are to serve as watchdog of government offices, including the sheriff's department,” she said.

Added Smith: “This isn't being a watchdog of government; it's being an obedient police dog. The fact that this doesn't resonate with the reporter or the newspaper is alarming.

“This is a case where, if the reporter can't see the problem and conflict, her editor or publisher needs to step up and say, this relationship with the police department is not in the best interest of our mission of being an independent voice for the public when the government is concerned.”

But neither Dearman nor R&L Editor Dave Ibach responded to two e-mailed questions on March 3 about Swicegood's use of the county-funded cell phone. Instead, two days later, Dearman – also past-president of the N.C. Press Association – defended Swicegood's actions in a R&L editorial titled “Our commitment to integrity” (click document to enlarge):




“Working with us is logical if you want to reach the most people,” he wrote. “The leadership of this newspaper is completely committed to journalistic integrity. We are also committed to Statesville and Iredell County and make no apology for calling Iredell our home.”

Dearman went on to chastise other newspapers, saying: “The easiest path to take is complete noninvolvement in the community – like members of some metro newspapers who sit behind desks a few years and move on to the next town.”

Even while accusing Iredell's deputy manager of perpetuating a rumor when he said Swicegood is the county's public-information officer during disasters, Dearman lauded county officials for believing “they should speak for themselves without the information being filtered through a professional public relations person.”

He went on to praise county commissioners, too: “Iredell Commissioners have never wasted your money to hire professional public relations officials. Instead, they talk directly to the press and save you that expense.”

Protecting sources at any cost is another cornerstone of journalism.

Dearman said the county cell phone was used by Swicegood “to quickly disseminate information from county and city officials – emergency personnel and law enforcement – to the R&L.”

While, according to five months of detailed call records, many of Swicegood's calls were made to or received from various law-enforcement agencies, the county's messaging system and court offices, many other cell numbers, not as easily identifiable, are also listed on the reporter's phone records.

Perhaps those calls were all emergency-related, as Dearman suggested. Or perhaps some of the reporter's sources are vulnerable because their phone numbers, and thus their identities, are displayed on county records open to inspection not only by the sheriff but the public.

Dearman, in his editorial, said despite Swicegood carrying a county-funded cell phone for several years, her “ethics have never been compromised on the job.” In fact, he said, “She has written numerous stories critical of law enforcement – including a few years ago when she exposed a botched drug sale between undercover members of the Iredell County Sheriff's Office and the Statesville Police Department.”

But perhaps just as important as what the R&L has covered is what it hasn't.

In April 2010, the sheriff's office destroyed personal property belonging to Statesville resident Robert Goforth, which the sheriff's office had recovered from several thefts from Goforth's property. The items were supposed to be returned to Goforth, but the sheriff's office instead destroyed the property without a court order (Evidence room error destroys property and raises questions).

Goforth said he approached Swicegood about the situation, but the R&L never published a story about the property being destroyed in violation of state law.

Goforth then approached the Report, where the incident was later documented. Less than 24 hours later, the ICSO hand-delivered Goforth a $3,715 reimbursement check from the county for the destroyed property (Victim receives check, tongue-lashing from sheriff's chief deputy).

But that isn't the only time issues with the sheriff's office evidence-room went largely unreported by the R&L.

In 2008, Swicegood reported on the “multiple layers of safeguards” in the evidence rooms of the sheriff’s office and the Statesville Police Department.

In the article, Sheriff Phil Redmond alluded to an incident involving a deputy who “didn't follow the right procedures in submitting … weapons to the evidence room,” but the article did not elaborate. It also did not report a date for the incident or the name of the deputy who, according to Redmond, had followed “improper procedures in (the) handling of surrendered weapons.”

Two years later – and almost five years after the original incident – the Report published details of what happened, including the deputy's name (If you enforce the law, are you above the law?). Two months after that, a grand jury indicted the deputy for obstructing justice (Iredell County sheriff's deputy indicted).

The deputy, Tommy Adams – who, according to county personnel records, has been suspended from the sheriff's office five times in less than four years – is still employed at the ICSO but has been on unpaid suspension since the December 2010 indictment. (Click on the document below to enlarge:)

A reporter other than Swicegood reported on the indictment for the Statesville Record & Landmark.

The county paid Swicegood's cell-phone bill – about $23 a month – through the Jan. 8, 2011 billing cycle. The last call made from the phone was on Jan. 3. The number has been disconnected.

“The sheriff's office indicated to me that it was Ms. Swicegood’s decision to obtain a new phone and to obtain expanded services such as email,” said Jackson, adding that he is not aware of the county paying for the new phone in part or in whole.

Are you cut out for public service?

Are you tired of sitting on the political sidelines, watching others make decisions about your community, your government and your tax dollar?

Perhaps you're cut out for public service.

An upcoming workshop by North Carolina's Institute of Political Leadership promises to answer your questions about public office and how to effectively campaign.

The workshop, planned for March 17 from 6-9 pm. at the Charles Mack Citizens Center, will focus on the skills needed to run for office, how to formulate and execute a campaign strategy, and how to be an effective public officeholder. Cost is $25 and includes training materials and a light dinner.

This year in Mooresville, the mayor's seat and three commissioners' seats are up for election.

Mayor Chris Montgomery says he will not seek re-election. Commissioner Miles Atkins has announced his plans to run for that seat, which means his at-large seat will be open with no incumbent vying for it.

Seats for wards 1 and 2 - currently occupied by Mitch Abraham and Thurman Houston, respectively - are also up for election this year.

The mayor serves a two-year term, while commissioners serve four years.

Meanwhile, three seats on the Mooresville Graded School District Board of Education - all four-year terms - are also up for re-election.

A primary, if needed, will be held Oct. 11, followed by the general election on Nov. 8.

Other county offices to be elected this year can be found by clicking here.

To reserve seats for the Institute of Political Leadership's March 17 workshop, call the Mooresville-South Iredell Chamber of Commerce at 704-664-3898.

MI-C board members expect continuing deficits, hire transition consultant

Below is a press release issued today announcing MI-Connection's hiring of a consultant to transition the cable system to more operational self-sufficiency. (For more on that, visit MI-Connection ends management relationship with Bristol Virginia Utilities.)

Davidsonnews.net reports that the consultant, David Auger, is expected to begin work immediately after signing a contract that would pay him $17,867 per month, plus expenses.

The website also reports that MI-Connection board members expect the system's deficits to continue for at least the next two years.

MI-Connection hires Auger to spearhead transition

Mooresville and Davidson’s state-of-the-art cable, Internet and telecommunications system has hired a cable veteran with a record of success to spearhead its transition to local control and operation.

At a special meeting Wednesday morning, the MI-Connection Board of Directors voted 4-0 to approve a contract with David J. Auger of the Auger Media Group, LLC, to serve as the consultant who will facilitate the system’s transition from operation by Bristol Virginia Utilities to local operation.

The announcement comes on the heels of the board’s December 2010 signing of a Memorandum of Understanding (MOU) with BVU, the provider that has managed the system since its inception in December 2007. The MOU announced MI-Connection’s intention to bring local employees and most services in-house, which will result in BVU moving from operator to service vendor.

Board member Dawn Huston, chair of the board’s hiring committee, said the board is pleased with their selection. “The board is highly confident that Dave's leadership will lead to a smooth transition to drive MI-Connection's growth and service within our communities,” she said.

Chairman John Kasberger said he knows the board chose the right person for the job. “Dave is an experienced industry expert who has the vision and know-how to keep us moving in the right direction,” he said.

Auger began his career with Warner Amex Cable and ultimately served as the Director of Marketing at the company’s corporate office. In 1988, he took a position with Jack Kent Cooke as their Vice President of Marketing with oversight of sales, marketing and programming for the company’s 54 cable properties.

From 1989 to 1994, David served as the Publisher of The Los Angeles Daily News, where he managed a budget of $105 million and a staff of over 1,200. From 1994 to 1995, Auger was one of the executives responsible for the development and launch of a wireless cable operator in Southern California that ultimately sold to Pacific Telesis for over $180 million.

Auger also worked for Time Warner from 1995 to 2006, first as the vice president/general manager of Northern Los Angeles and then as Division President for Minneapolis, where he oversaw a successful system rebuild.

In 2001, Auger transitioned to president of Time Warner’s Charlotte division. In this role, he oversaw finance, marketing, sales, customer service, I.T., human resources, technical operations, engineering and annual revenue of $360 million. He led the organization restructure, increased subscribers, digital customers, data customers and improved cash flow while launching a variety of new products and services.

Since leaving Time Warner is 2006, Dave has owned and operated his own consulting and investing firm, Auger Media Group, LLC, where his major client was Charlotte-based American Broadband. He served as the company’s Chief Operating Officer (COO) and was responsible for acquiring and managing multiple cable television operations. He successfully developed a cluster of systems with 40,000 customers under contract and another 50,000 at various stages in the pipeline.

Auger said Wednesday that he is eager to tackle his new role with MI-Connection. “This transition implemented by the board to a locally-run broadband network is key to unlocking this system’s full potential,” he said. “I look forward to overseeing this process and getting it done as quickly as possible.”

For more information on MI-Connection, visit www.mi-connection.com.

Board asks mayor to resign

Though Mooresville commissioners chose not to seek censure for Mayor Chris Montgomery, they formally asked him to resign in a letter which was read at last night's board meeting. For the full copy posted on Mooresville Weekly, click here: Board asks mayor to resign.

For News 14 Carolina's report, click here: Mooresville mayor gets 'no confidence' vote

WBTV: Mooresville Mayor to stay on, despite plea from commissioners to step down

Mooresville Tribune: Mooresville commissioners ask mayor to step down

Charlotte Observer: Board votes 6-0 for Mooresville mayor to resign

Mayor will not seek re-election

Mayor Chris Montgomery will not seek re-election in November.

The mayor wrote his plans in a letter he hoped to publish to coincide with the Monday, Feb. 7, town board meeting, but a draft was prematurely published on BusinessTodayNC.com, Montgomery told Mooresville Weekly on Thursday. In the letter, addressed to friends, family, town staff, town commissioners and citizens, Montgomery acknowledges that some elected officials have asked for his resignation but that he has no intentions of resigning.

“I am committed to completing this term as your mayor, but will not seek reelection,” Montgomery wrote. “Rather, I will focus on my faith and family.”

At their meeting on Monday, commissioners expect to discuss, for the first time publicly, the recent media firestorm that began with the exposure that Montgomery used town e-mail to frequently communicate with a woman who is not his wife and then applied for a job with a group of developers that had business before the town.

Commissioners could decide on Monday to begin an investigation into Montgomery’s actions, the first step toward censuring him per the town’s Code of Ethics.

In his letter, Montgomery wrote that he is “sad to have caused a scandal.”

“Let me make no excuses, I made a mistake. I publicly ask for your forgiveness regarding my lack of judgment, Last November I was entrusted to make sound decisions. In many ways I let you down. I am sorry. I fully understand the repercussions that have reverberated throughout our region.”

For a full copy of the letter, visit BusinessTodayNC.com.

Carney says company name was a joke, apologizes for 'distraction'

Commissioner Chris Carney – who told town officials that Mayor Chris Montgomery applied for a job with local developers who had business before the town – was himself listed as a member of a company with one of those developers.

Carney and Langtree Group developer Brad Howard are listed as managing members of “Slush Fund, LLC,” a company that was created in October 2008 and dissolved effective Dec. 31, 2009, according to documents filed with the N.C. Secretary of State.

But Carney said the company was actually a charitable concept turned joke. “I had nothing to do with the corporation of that business except that I was in the initial conversation about helping local charities process credit cards for donations,” he said, pointing out that his signature is not on any of the documents filed with the Secretary of State.

Carney said the initial concept of the business – to help smaller Mooresville charities accept credit-card payments and keep the processing fees – was a joint idea of his and Howard's, both of whom have sat on non-profit boards like the United Way, YMCA and Dove House Children's Advocacy Center.

“Brad and I both sat on a charitable fundraising committee (actually several) and there was a need for credit card processing,” Carney wrote this week in an e-mail to the town board, town attorney and a Mooresville resident who confronted him about Slush Fund LLC after it was brought to light in the comment section of the Report.

“To the best of my memory, a representative from Heartland (Payment Systems) brought this to Brad and we looked into it as a possibility,” Carney wrote. “They needed a corporate ID for processing. I was really only involved in the preliminary discussions and had nothing to do with the filing.”

The Slush Fund name “was my idea,” said Carney's childhood friend, Jon Wright, who is also listed as a managing member of the company. He said the company was named Slush Fund “because it was not designed to make money – it was just designed to pass savings on.

“Unfortunately, Chris's name got added, and I don't know how,” he said.

Wright, who lives in Hickory, said he has always viewed Carney as a friend and not a political official. “I guess I need to change that,” he said.

Howard agreed that the company was named Slush Fund “in jest.”

Carney said that upon learning of the prank name, “I asked (Howard) not to have my name associated with it as I thought it to appear inappropriate. I did not like my name being associated with something called slush fund.”

He said that he and Howard “found a better way to run the credit cards and moved on.”

Last month, Carney informed fellow commissioners that Mooresville's mayor had sought employment with Langtree the day before the developers were to appear before the town board for an adjustment to their tax district. Carney called Montgomery's pursuit of employment with Langtree “an unfortunate and certainly improper situation” that “needs to be dealt with.”

The developers rejected Montgomery's application because they had business before the town, Carney told commissioners. “They felt it inappropriate to even be perceived as a conflict,” he said. “I think we should thank them for their integrity!”

In a letter to Langtree's Rick and Brad Howard, Carney wrote: “Any elected (official) seeking a job with organizations that have business before the town is inappropriate, but certainly your situation, tax districts and joint infrastructure projects, makes it that much worse. Please accept my apology and my sincere appreciation for your making me aware of this issue.”

So what makes Carney's involvement with Slush Fund LLC and Howard any different?

“This was never a real company, and I never received nor attempted to receive any income or opportunity from this entity,” Carney said. “I actually think I paid a nominal amount to dissolve it.”

Carney submitted a copy of his personal taxes to Town Attorney Steve Gambill this week in case commissioners or the public has questions about whether he profited from the business. Gambill confirmed on Wednesday that Carney made no personal money from his association with Slush Fund, LLC.

Still, Carney said he fully understands that having what appears to be a business with a developer would seem improper. “And for that, I'm sorry,” he said, adding, "I feel terrible that this is a distraction for the citizens of Mooresville.”

Carney said he has never hidden the fact that Howard is among his friends. “I have made that as a public statement on several occasions,” he said. “I have friends in many circles that do many things, and it's never gotten any of them influence on our town board.”

Interestingly, on the same day the articles of corporation for Slush Fund, LLC were filed with the Secretary of State's office, on Oct. 17, 2008, Carney was quoted in the Report saying: “I have business with developers, and I’ve had wine with developers – I’ll be the first to tell you.” However, he said, “A glass of wine doesn't buy a vote, and if (it does), that's a bad thing.”

Carney, who owns a title insurance business, said he has also played golf with developers but that he pays his own way.

He said he once recused himself from voting on an issue because it involved a developer who has gone with him on mission trips.

Carney said being friendly with developers is one thing - allowing friendships to cloud judgment is another.

He said this week that Howard and Wright have apologized to him for using his name on a business without his permission. “They didn't do it maliciously,” said Carney, adding: “If I have to give up friendships for this job, it isn't worth it.”

Censure is no quick fix

Do Mooresville commissioners have enough to censure the mayor?

That’s anyone’s guess. But if you’re expecting to attend the Feb. 7 town board meeting to watch a mayor getting censured, don’t waste your time.

Still, at least one town commissioner says there will be conversation at the meeting.

“We will discuss where we are, what our options are and what we’re going to do next,” Commissioner Chris Carney said Wednesday. “We must have a public discussion.”

Mooresville’s Code of Ethics – first adopted in 2005 but amended Oct. 18, 2010 due to a state mandate – lays out a specific, lengthy process for censuring an elected official. According to that policy, the town board, at most, could officially launch an investigation into Mayor Chris Montgomery’s recent actions, including his use of public e-mail from July to December 2010 to communicate with a woman who is not his wife.

Two weeks after those e-mails were exposed, the mayor found himself in the spotlight again when Carney notified commissioners that Montgomery had applied for a job with Langtree Group – developers of the planned $800 million mixed-use project at Exit 32 – while the developers had business before the town.

In his letter to commissioners, Carney called Montgomery’s pursuit of employment with Langtree “an unfortunate and certainly improper situation” that “needs to be dealt with.”

The developers rejected the application because they had business before the town, Carney said. “They felt it inappropriate to even be perceived as a conflict.”

In an e-mail to Montgomery about the Langtree job application, Commissioner Mac Herring wrote: “What wisdom is there in this? It potentially could put the town in an adverse situation. I do hope that there are no other potential conflicts of interests out there.”

Montgomery, part-owner of Lake Norman Woman magazine, responded to Herring, saying he had apologized to the developers.

“The magazine business is tough,” he wrote. “My correspondence to (Langtree) was one of many e-mails including my resume and job expectations. I usually do this twice a year, always looking to better myself and earnings for my family.

“I put the board in a precarious position. It was never my intention to do so. My acts were shortsighted, selfish and lacked integrity. While mayor, the interests and welfare of the town should be top priority. They will be moving forward.”

Montgomery has said that he does not intend to step down as mayor. He said this week he is still deciding if he will seek re-election when his term expires in November.

Some commissioners have said their hands are tied and that the mayor’s e-mails and job application may not be sufficient grounds to censure him per the town’s Code of Ethics. Commissioners have yet to discuss the mayor’s e-mails as a board – at least during open session – since the Gatton Report/Mooresville Weekly first broke the story on Jan. 7.

Using a Code of Conduct for elected officials in Evans, Colo., as an example, Commissioner Miles Atkins recently asked Town Attorney Steve Gambill to draft a Code of Conduct for Mooresville’s elected leaders to review and potentially adopt to complement the town’s Code of Ethics.

What’s the difference between the two policies?

“A Code of Ethics is meant to be more general and more subjective,” Gambill said in an e-mail on Wednesday.

On the other hand, “a Code of Conduct is something that can be pointed to for specific acts which could be considered to be unethical” and “can act as guidelines that address specific actions by a board member which, if violated, can lead to a charge of unethical behavior,” he said.

Gambill said a Code of Conduct is not all-inclusive. In other words, “it is meant only to address those areas most generally encountered by commissioners; that is, even if an action is not set out in a Code of Conduct, the board could find that the action was in violation of the Code of Ethics.”

Gambill said he is still working on the draft Code of Conduct: “I am doing everything I can to get it to the Commissioners in sufficient time for them to be able to review it.”

The Evans, Colo., Code of Conduct states that “city council members who intentionally and repeatedly do not follow proper conduct may be reprimanded or formally censured by the council.”

Mooresville’s Code of Ethics details a lengthy process Mooresville commissioners must follow if it decides to seek censure.

“If a majority of the board has reason to believe that one of its members has violated a provision of this Code of Ethics, it may open an investigation into the matter to determine whether probable cause exists to initiate censure proceedings against the member,” the code reads.

If the board determines that a violation has occurred and decides to proceed with censure proceedings, it is required by the Code of Ethics to call for and advertise a public hearing.

A non-binding resolution of censure is adopted if approved by three-fourths votes of the board.

Even then, a censured board member does not have to step down.

“A member of the board so censured, and in order to maintain the public’s trust in the office being held, has the discretion to tender to the board his or her resignation,” the policy states.

Herring told Montgomery in a recent letter that the board is looking into its options.

“Your situation must be discussed publicly, as it is not a true personnel the board may cover in closed session,” Herring wrote. “I am not sure what our options are, nor what the will of the board is on the issue. All of us on the board are quite concerned, and various options have been considered. “

Herring told Montgomery that public opinion was not in his favor and that the board had received a letter from a citizen, demanding commissioners take action to restore credibility to the mayor's office.

“In essence, your effectiveness as mayor has been compromised and mitigated,” Herring wrote. “It seems as if you don’t fully realize the consequences of your actions at times.

“I am now constantly being asked by the public ‘What is wrong with him, is he just stupid, etc…’ I don’t know how to defend that. I respect the position of mayor, but less and less I respect your ability to exercise your role as mayor.”