Intergovernmental Relations Committee Monday, November 16, 2020, 2:00 p.m. CMGC Room 267
The public and the media can view the meeting on the Government Channel or City’s YouTube page.
Committee Members: Tariq Bokhari, Co-Chair Braxton Winston, Co-Chair Larken Egleston James Mitchell Matt Newton Staff Resource: Dana Fenton, City Manager’s Office
Agenda Item Time
Call to Order & Introductions 2 minutes Federal Post-Election Briefing 30 minutes • Committee will receive a presentation from federal lobbyists Holland & Knight State Post-Election Briefing 30 minutes • Committee will receive a presentation from state lobbyists Kilpatrick Townsend Committee Referral: Citizens Review Board Process and Subpoena Power 20 minutes • Continue discussing legislative strategy to advance granting Subpoena Power for the Citizens Review Board • Committee will receive a presentation Debrief from November 9 Action Review 10 minutes • November 9 Action Review Presentation is attached Committee Discussion 5 minutes Upcoming Opportunities 2 minutes Next Committee Meeting 1 minute • Monday, December 21, 2:00 pm, Virtual • Committee meetings in January, February, March, April, May and June will be added to Committee members calendars
Distribution: Mayor & City Council City Manager City Attorney City Manager’s Executive Team
UPCOMING COMMITTEE TOPICS
Items Intergovernmental Relations City Council Committee Discussion / Adoption / Strategy Session / Business Information / Recommendation Action Review / Meeting Joint Meeting Other Council adopts state and December 14 federal legislative agendas IRC Meeting: December 21 Referral – Criminal Justice Advisory Group General Assembly Targeting Delegation Briefing January 19 – 29 IRC Meeting January 19 (Tuesday) IRC Meeting February 15
Congressional Briefings Targeting March 7 – 10 IRC Meeting March 15
IRC Meeting April 19
IRC Meeting May 17
IRC Meeting June 21
11/16/2020
Post-Election Analysis November 2020
Prepared for the City of Charlotte, North Carolina by Holland & Knight Presented by Rich Gold, Shawna Watley, and Lisa Hawke
President
President President-Elect Donald J. Trump Joseph R. Biden
Trump: 214 Biden: 290 2 Source: Bloomberg, as of 6:00 PM EST on Nov. 10, 2020
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New House of Representatives
Democrats: 215 Republicans: 201 Uncalled races: 19
Source: Bloomberg, as of 6:00 PM EST on Nov. 10, 2020 3
New U.S. Senate
Republicans: 49 Democrats: 48 Uncalled races: 3
Winners in BOLD, asterisk indicates incumbent Results from Bloomberg, as of 6:00 PM EST on Nov. 10, 2020 NC Senate race called by AP, Washington Post, CNN, Fox on Nov. 10, 2020 4
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Charlotte Delegation
Sen. Thom Tillis (R-NC) Sen. Richard Burr (R-NC)
• Senate Committee on Veterans' Affairs • Senate Select Committee on Intelligence • Senate Committee on Armed Services • Senate Committee on Finance • Senate Committee on the Judiciary • Senate Committee on Health, Education, • Senate Committee on Banking, Housing, and Urban Labor, and Pensions Affairs • Senate Special Committee on Aging
Rep. Dan Bishop (R-NC-09) Rep. Alma Adams (D-NC-12)
• House Committee on Small Business • House Committee on Agriculture • House Committee on Homeland Security • House Committee on Education & Labor • House Committee on Financial Services
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Key Gubernatorial Race Results
Republicans: 27 Democrats: 23
• Delaware: Gov. John Carney Jr. (D) defeated Julianne Murray (R) • Indiana: Gov. Eric Holcomb (R) defeated Woody Myers (D) • Missouri: Gov. Mike Parson (R) defeated Nicole Galloway (D) • Montana: Greg Gianforte (R) defeated Mike Cooney (D) D→R • New Hampshire: Chris Sununu (R) defeated Dan Feltes (D) • North Carolina: Gov. Roy Cooper (D) defeated Dan Forest (R) • North Dakota: Doug Burgum (R) defeated Shelley Lenz (D) • Utah: Spencer Cox (R) defeated Chris Peterson (D) • Vermont: Gov. Phil Scott (R) defeated David Zuckerman • Washington: Gov. Jay Inslee (D) defeated Loren Culp (D) • West Virginia: Gov. Jim Justice (R) defeated Ben Salango (D)
Source: Bloomberg, as of 2:07 PM EST on Nov. 4, 2020 6
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Control of State Legislatures
• Despite a concerted effort by Democrats to flip state legislatures, only two chambers changed control, both in New Hampshire. The House and Senate both went from Democratic control to Republican control. New Hampshire’s legislature often changes control and has flipped in six of the last eight elections. • Democrats were hoping to deliver wins in multiple statehouses – Iowa, Michigan, North Carolina, Pennsylvania, and Texas. • Control of state legislatures will be particularly critical this year due to redistricting following the decennial census. Most states redraw their electoral maps in their state legislature, and a few use nonpartisan or bipartisan commissions to draw the lines.
Winners in BOLD, asterisk indicates incumbent Source: National Council of State Legislatures as of 6:00 PM EST on Nov. 10, 2020 Map is being updated as results are confirmed. States in gray are uncalled, with the exception of Nebraska, which has a nonpartisan legislature. 7
The Lame Duck Session
▪ Unfinished Business ▪ Important Dates
▪ Nov 9: House and Senate return ▪ COVID-19 Relief
▪ Federal Spending Bill ▪ Nov 23-30: Thanksgiving
▪ National Defense Authorization Act (NDAA) ▪ Dec. 10: House target adjournment
▪ Dec. 11: Current continuing resolution expires
▪ Dec. 21: Senate target adjournment
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2021 Legislative Priorities & Important Dates
▪ Priorities ▪ Important Dates
▪ COVID-19 Relief Bill ▪ Jan. 2021: 117th Congress convenes – calendars
▪ Stimulus including infrastructure funding expected to be released around Thanksgiving ▪ Biden priorities ▪ April 15, 2021: Congress is supposed to adopt a budget resolution by April 15 that presents a unified • COVID-19 Relief Bill and Comprehensive Plan view of priorities for both the House and the Senate; • Infrastructure bill there's no punishment for missing the deadline, which • Clean energy bill is often unmet • Corporate tax increase ▪ Sept. 30, 2021: Last day of the fiscal year; all 12 • Minimum wage increase appropriations bills for FY2022 are supposed to be signed by then
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COVID-19 Focus
• Federal fiscal stimulus and unemployment benefits (now expired) were critical to the economy's climb out of the coronavirus- induced shock. • Legislators on Capitol Hill remain far apart in their views on what is needed. • Biden has proposed a plan that includes some elements we saw in the CARES Act, stimulus checks for qualified Americans, and enhanced unemployment benefits. • In addition, Biden has called for a four-year, $700 billion plan for federal procurement of U.S. manufactured goods – as part of a broader recovery effort. • Biden's action plan also includes additional reliefs such as: • More money for small businesses (no details on amount) • Emergency sick leave for everyone who needs it • Fiscal relief for states • Cover the cost of COVID-19 testing, treatment and a vaccine • Potential for a COVID-19 related stimulus package increased with Biden’s win. However, the magnitude and speed by which it passes Congress will depend on Senate control.
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Get Connected
For continued analysis, please visit our Election Analysis Center on our website: https://www.hklaw.com/en/general-pages/election-analysis-center
Rich Gold Partner and Public Policy & Regulation Group Leader Washington, D.C. 202.457.7143 [email protected]
Shawna Francis Watley Senior Policy Advisor Washington, D.C. 202.828.5083 [email protected]
Lisa Hawke Partner Washington, D.C. 202.828.5003 [email protected]
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Thank You
Holland & Knight
6 Kilpatrick Townsend Government Relations Team 2020 Election Results
= R Incumbent Win = R Open Seat Win = R Flip = D Incumbent Win
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1 NC Governor’s Race ✓Roy Cooper – 51.51% (2,812,956) • Democrat Incumbent
Dan Forest – 47.03% (2,568,018) • Republican Lt. Governor
*McCrory lost by ~10,000 in 2016
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NC Council of State Races - Open Seats
▪ Lt. Governor ✓ Mark Robinson (R) – 51.63% (2,779,559) • Yvonne Lewis Holley (D) – 48.37% (2,604,063)
▪ Commissioner of Labor ✓ Josh Dobson (R) – 50.84% (2,706,732) • Jessica Homes (D) – 49.16% (2,617,717)
▪ Superintendent of Public Instruction ✓ Catherine Truitt (R) – 51.38% (2,732,663) • Jen Mangrum (D) – 48.62% - (2,586,110)
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2 NC Council of State Races (cont.) ▪All Council of State incumbents maintained their seats • Attorney General Josh Stein (D) • Auditor Beth Wood (D) • Commissioner of Agriculture Steve Troxler (R) • Commissioner of Insurance Mike Causey (R) • Secretary of State Elaine Marshall (D) • Treasurer Dale Folwell (R)
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Most Votes
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3 Year President Margin Governor Margin Senate Margin 2016 Donald Trump[c] 3.66 Roy Cooper 0.22 Richard Burr 5.69 2012 Barack Obama -2.04 Pat McCrory 11.39 N/A 2008 Barack Obama 0.32 Bev Perdue 3.39 Kay Hagan 8.47 2004 George W. Bush 12.44 Mike Easley 12.74 Richard Burr 4.58 2000 George W. Bush[c] 12.83 Mike Easley 5.76 N/A 1996 Bill Clinton -4.69 Jim Hunt 13.23 Jesse Helms 6.7 1992 Bill Clinton -0.79 Jim Hunt 9.49 Lauch Faircloth 4.03 1988 George H. W. Bush 16.26 James G. Martin 10.12 N/A 1984 Ronald Reagan 24.01 James G. Martin 8.85 N/A 1980 Ronald Reagan 2.12 Jim Hunt 24.45 Robert Morgan 0.58
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NC Legislature
NC House NC Senate ▪ NC GOP had net gain of 4 seats ▪ NC GOP had net loss of 1 seat, kinda ▪ 69-51 R (61 for Majority, 72 for ▪ 28-22 R (25 for Majority, 30 for Supermajority) Supermajority) ▪ The House GOP picked up 6 seats: ▪ The Senate GOP picked up 1 seat: • Wake County • New Hanover County • Mecklenburg County • Watauga County • Cumberland County • Richmond County • Haywood County
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4 NC Judicial Races
▪ NC Supreme Court Chief Justice • Paul Newby – 50.01% (2,676,195) • Cheri Beasley – 49.99% (2,675,353) • With such a thin margin, there is potential to flip based on outstanding ballots.
▪ GOP took all other contests: • 2 Supreme Court Associate Justice (Phil Berger, Jr & Tamara Barringer) • 5 NC Court of Appeals Judge (April Wood, • Fred Gore, Chris Dillon, Jeff Carpenter, Jefferson Griffin)
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Committee Referral: Citizens Review Board Process and Subpoena Power Intergovernmental Relations Committee November 16, 2020
City of Charlotte | Intergovernmental Relations Committee
POLICY QUESTION
• On October 19, the Intergovernmental Relations Committee started discussion of the Citizen Review Board Process and Subpoena Power referral
• Policy Question: ➢ Develop a legislative strategy to advance granting Subpoena Power to the Citizens Review Board
• This referral was one of several made to City Council committees related to the Safe Charlotte initiative
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CITY OF CHARLOTTE
• City of Charlotte formed its Citizens Review Board in 1997 and secured local legislation allowing Chief’s dispositions to be shared with the Board
• City requested subpoena power in 2017 and 2019 ➢ Agreement between the governing body and chief of police on this issue
• Safe Charlotte Framework adopted on October 26 supports working with stakeholders to grant subpoena power for the Citizens Review Board
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OCTOBER 19 STAFF RECOMMENDATION
• Monitor proceedings and recommendations of the: ➢ North Carolina Task Force for Racial Equity in Criminal Justice ➢ House Select Committee on Community Relations, Law Enforcement and Justice
• Councilmembers reach out to law enforcement employee organizations to seek out any areas of agreement with respect to subpoena power
• Seek out potential partner cities and counties and local government related associations for statewide coalition
• Continue this discussion on November 16
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COMMITTEES AND KEY INFLUENCERS Group Citizen Review Boards Subpoena Power
House Select Committee on Has not yet considered Has not yet considered Community Relations, Law Enforcement and Justice Meets November 18 Meets November 18
Governor’s Task Force on Framework for all cities and Did not take action on subpoena Racial Equity in Criminal counties to follow when power Justice Working Group #1 forming Boards
Task Force meets November 18 NC Association of Chiefs of Supports local decisions to No position Police form Boards
NC Police Executives Supports legislation to more No position Association easily form Boards
Charlotte-Mecklenburg Historically opposed to Boards Opposed to subpoena power Fraternal Order of Police Lodge #9 NC Police Benevolent Willing to work with cities on Questioned the need for Association formation of Boards subpoena power
City of Charlotte | Intergovernmental Relations Committee 5
LOCAL GOVERNMENTS
• Cities of Asheville, Durham, Fayetteville, Greensboro, Raleigh and Winston-Salem have review boards
• Wilmington is considering establishing a review board
• Discussions are currently taking place in some of those cities at the governing body level about subpoena power and other issues related to review boards
City of Charlotte | Intergovernmental Relations Committee 6
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STAFF RECOMMENDATION
• Consider Subpoena Power for Citizens Review Board as an Aspirational issue
• Seek out other local governments interested in forming coalition with the intent of working with the NC Police Chiefs Association, NC Police Executives Association and law enforcement employee organizations on review board issues
• Desired outcome is to build confidence in review boards so that issues like subpoena power can receive serious consideration
City of Charlotte | Intergovernmental Relations Committee 7
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Proposed 2021 State & Federal Legislative Agendas
City Council Action Review November 9, 2020
City of Charlotte | Intergovernmental Relations Committee
OVERVIEW
• September 21 and October 14: Committee was briefed on 26 state and federal legislative requests
• October 19: Committee proposed state and federal legislative agendas
• November 2: ➢ Committee – proposed agendas were previewed at the City Council Strategy Session ➢ Charlotte Firefighters’ Retirement System request was added to the proposed state agenda on the recommendation of the Budget & Effectiveness Committee
• November 3: General Election
City of Charlotte | Intergovernmental Relations Committee 2
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GENERAL ELECTION
New Mecklenburg Delegation Members
DeAndrea Salvador Senate District #39
Terry Brown House District #92
John Bradford House District #98
City of Charlotte | Intergovernmental Relations Committee 3
LEGISLATIVE AGENDA
• Specifies the City Council’s 2021 legislative goals for: ➢ US Congress ➢ NC General Assembly
• Goals are based upon City Council strategic priorities
• Core strategies to develop legislative wins: ➢ Actionable, specific goals ➢ Achievable in the current economic climate ➢ Be ready to work with others ➢ Be ready to work with the party in control on areas of agreement
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2021 STATE LEGISLATIVE AGENDA
• Mobility ➢ Work with key stakeholders to support legislation that provides dedicated, stable and permanent sources of revenues for State, regional and local public transportation, roadway, bicycle, pedestrian, passenger rail, trail and safety capital improvement projects
• Digital Divide ➢ Work with key stakeholders to support legislation that aids low- income households in paying for internet service costs
City of Charlotte | Intergovernmental Relations Committee 5
2021 STATE LEGISLATIVE AGENDA
• NC Airport Improvement Program ➢ Work with key stakeholders to support the North Carolina Airport Improvement Program that provides sustainable, recurring funding to North Carolina’s commercial service airports for capital improvements and debt service
• Charlotte Firefighters’ Retirement System ➢ Adjust the employer contribution rate to strengthen the System’s funded status
• Subpoena Power for Citizen Review Boards ➢ Work with key stakeholders to secure subpoena power for citizen review boards
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ASSESSMENT OF STATE REQUESTS Legislative Request Key Influencers Leadership Mobility Mix of support and opposition Strong issue
Tax rate increases and light rail Tax rate increases problematic are problematic Light rail is problematic Digital Divide Particular idea needs to be Strong issue tested Particular idea needs to be tested
State General Fund budget issues NC Airport Improvement Supportive Strong issue Program NCDOT budget issues
Supportive Charlotte Firefighters’ Supportive Strong issue Retirement System Supportive Subpoena Power for the Strongly opposed Strongly opposed Citizens Review Board
City of Charlotte | Intergovernmental Relations Committee 7
2021 FEDERAL LEGISLATIVE AGENDA
• Transportation & Infrastructure ➢ Transit: Continue working with Congress and the Administration to secure federal resources for the build-out of the 2030 Transit Corridor System Plan
➢ Airports, Highways and Passenger / Freight Rail: Support increased federal funding for infrastructure that serves to connect the region with other regions and rural areas, including funding for critical aviation infrastructure and connecting highways and rail lines
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2021 FEDERAL LEGISLATIVE AGENDA
• Transportation & Infrastructure (cont.) ➢ Modernized and Sustainable Infrastructure: Support increased federal funding for research and infrastructure that accelerates our transformation to a sustainable economy and supports the reduction of greenhouse gas emissions, including: walking and biking infrastructure, electric vehicles and electric vehicle charging stations, alternative fuel vehicle refueling stations, energy efficient buildings, and renewable energy and renewable energy infrastructure. Support equitable workforce development opportunities in the clean energy sector.
➢ Digital Divide: Support increased federal resources to promote competition for broadband internet infrastructure to unserved and underserved rural, suburban, and urban communities, prioritizing communities in persistent poverty
City of Charlotte | Intergovernmental Relations Committee 9
2021 FEDERAL LEGISLATIVE AGENDA
• Comprehensive Immigration Reform ➢ H-1B Visas: Support the continuation of the program and make changes that streamline processing times and allow spouses of Visa holders to work and volunteer ➢ Asylum Seekers: Support a path to residency and citizenship for asylum seekers ➢ Temporary Protected Status: Support a path to citizenship for those in Temporary Protected Status ➢ Deferred Action for Childhood Arrivals: Support continuation of the program and path to citizenship
• COVID-19 Guidelines for Airports ➢ Work with the Federal Aviation Administration and commercial service airports to develop standards for all airports in addressing COVID-19
City of Charlotte | Intergovernmental Relations Committee 10
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ASSESSMENT OF FEDERAL REQUESTS
Legislative Request Key Influencers Leadership
Transportation & Supportive Strong issue Infrastructure Supportive
Deficit concerns
Comprehensive Immigration Mix of support and Mix of support and Reform opposition opposition
COVID-19 Guidelines Supportive Supportive
City of Charlotte | Intergovernmental Relations Committee 11
NEXT STEPS
• November 16: Intergovernmental Relations Committee meeting ➢ State and Federal Lobbyists will be briefing Committee on 2020 Election Results
• December 14: Council adoption of the proposed agendas
• December 21: Committee meeting
• January 19 – 29: Brief Mecklenburg State Delegation
• March 7 – 10: Brief Congressional Delegation
City of Charlotte | Intergovernmental Relations Committee 12
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