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Law in the Time of Corona: People, Places, Protests and Police (Administrative Law and Government & Public Sector Sections Joint CLE)

8:55        Welcome and Introductions

9:00        People, Police and Protests

Mark H. Newbold, City of Charlotte Mecklenberg Police Department, Charlotte

Listen to an early-morning overview of the constitutional, statutory and regulatory law dealing with protests on the street or in public meetings, as well as permissible and effective government responses, including curfews, permits, and exclusion or removal from meetings.

10:00      Break

10:10      People, Pandemics and Privacy

Jill D. Moore, UNC School of Government, Chapel Hill

Hear a midmorning overview of privacy law during a pandemic, including the privacy of individuals versus the need for limited disclosures to protect public health and balancing and enforcing privacy rights.

11:00      Break

11:10      Pandemics, Panic and Public Health

Norma R. Houston, UNC School of Government, Chapel Hill
William M. Polk, North Carolina Department of Public Safety, Durham

This session is an elevenses overview of the state and local governments' legal authority, constraints and enforcement in a pandemic. What authority is given to state and local health directors; the governor; local government leaders and governing boards/councils; the council of state; administrative agencies, boards and commissions; and law enforcement? What can be done if those with authority refuse to exercise it or exercise it improperly?

12:10      Lunch Break

12:40      Public Participation in the People's Business

Anna Baird Choi, Nichols Choi & Lee PLLC, Raleigh
Jeffrey P. Gray, Bailey & Dixon LLP, Raleigh
S. Mujeeb Shah-Khan, City of Monroe, Monroe

Receive an early-afternoon overview of the public meetings law during this state of emergency. How have law and practice changed regarding conducting, attending and participating in public meetings? What are the practicalities, challenges, pitfalls and successes with telework, technology and social media and complying with the laws?

1:55        Break

2:05        People, Places and Public Access

J. Mark Payne, Guilford County Attorney, Greensboro
Victoria E. Sheppard-Anderson, Guilford County Sheriff's Office, Greensboro

Listen to a midafternoon overview of the law regarding public access to public property and buildings, the employees working in them, and to evacuated or otherwise restricted geographic areas. In or out of a state of emergency, when and where can the general public, protestors and self-designated "First Amendment Auditors" go or be barred from going? What are the limits to the public's access to government property, including government buildings or leased space, while still meeting constitutional obligations?

3:05        Break

3:15        Police, Public Records, Privacy and the People's Right to Know

Tawanda Foster Artis, North Carolina General Assembly, Raleigh
Jonathan D. Jones, Elon University, Durham

Hear a late-afternoon overview of the law regarding law enforcement records, including body-camera footage, police officer employment records, recent legislation that could have shielded autopsy records and much more.

4:15        Adjourn

Thank you

Thank you for joining us for Law in the Time of Corona: People, Places, Protests and Police (Administrative Law and Government & Public Sector Sections Joint CLE)!

Contributors

  • Tawanda Foster Artis

    Tawanda Foster Artis is a senior staff attorney at the North Carolina General Assembly. Prior to joining the non-partisan state employee staff at the legislature, Tawanda served as appellate counsel at the N.C. Administrative Office of the Courts handling appellate cases from across the state of North Carolina and training other attorneys to do the same. She has also served our state as an assistant attorney general at the North Carolina Department of Justice representing the North Carolina Department of Labor in employment and labor law disputes and as an assistant district attorney prosecuting felony and misdemeanor matters. Prior to attending law school, Tawanda worked in human resources and training and development functions with several corporations.

    Tawanda is a member of the North Carolina Bar Association Board of Governors and the 2020-2021 NCBA Diversity Task Force. She also contributes to the NCBA as the Treasurer and CLE Co-Chair of the Juvenile Justice and Children’s Rights Section and as a member of the Professionalism Committee and Government and Public Sector Section. She is the Educational Resources Subcommittee Chair of the Wake County Bar Association's Diversity, Equity, and Inclusion Committee and a member of the Juvenile Justice Committee of the North Carolina Commission on Racial & Ethnic Disparities in the Criminal Justice System. Tawanda is a former co-chair of the NCBA Minorities in the Profession Committee and past president of the Capital City Lawyers Association. In 2020, Tawanda was honored with the "Citizen Lawyer Award" for providing exemplary public service to her community and the legal profession.

    Tawanda enjoys volunteering with child literacy and education programs in local schools, as well as with hunger relief and arts-related charities. She currently sits on the Board of Directors for the Arts Council of Wilson. She has previously served on the Board of Directors for the Food Runners Collaborative, Inc., and as an associate board member for the Inter-Faith Food Shuttle, Inc.

    Tawanda has taught continuing legal education courses and workshops on a variety of topics across the State of North Carolina. In 2015, as an adjunct law professor, she created an appellate advocacy clinic to teach law students to write appeals in child welfare cases at Elon University School of Law. Tawanda is a North Carolina native and proud double Tarheel, receiving both her Bachelor of Arts and Juris Doctor from the University of North Carolina-Chapel Hill.

    Click here for more information about Tawanda.

  • Anna Baird Choi

    Anna Baird Choi is a native of Raleigh. She graduated from the University of North Carolina at Chapel Hill with degrees in Economics and Political Science in 1990 and earned her law degree from Campbell University in 1994. Her practice focuses on administrative law and regulatory law. She served as the first law clerk at the N.C. Office of Administrative Hearings (1994-1997) and as Assistant Attorney General in the N.C. Department of Justice (1997-2000). Since 2002, Ms. Choi has advised numerous occupational licensing boards on a variety of matters including licensing, minimum qualifications, rulemaking, disciplinary actions, continuing education, and personnel. Additionally, she represents individuals and businesses before other N.C. licensing boards and agencies; representative professions and businesses include: real estate brokers, plumbers, psychologists, licensed professional counselors, pharmacists, retail pharmacies, and licensed child care facilities. Ms. Choi currently serves as a Commissioner on and First Vice Chair of the N.C. Rules Review Commission. She is also a former Chair of the Administrative Law Section of the N.C. Bar Association.

    Click here for more information about Anna.

  • Jeffrey P. Gray

    Jeffrey P. Gray is the former Special Assistant to Attorney General Lacy Thornburg, then an Assistant Attorney General in the Criminal Division, and later Law Enforcement Liaison under Attorney General Mike Easley. He has served as police attorney for numerous small municipalities, an instructor at the North Carolina Justice Academy, Wake Technical Community College and the former Institute of Government, taught State and local law enforcement officers, as well as Assistant District Attorneys and other attorneys, and practiced municipal, government and land use law for about a decade. He has also authored numerous publications and articles on criminal law, administrative law and State and federal regulations, and has – at various points in his career – advised or represented 13 of the 56 occupational and professional licensing boards in North Carolina; he currently advises or represents six.

    Jeffrey has served as Chair of both the Administrative Law and the Government and Public Sector Sections and was the first private practitioner to be awarded the North Carolina Bar Association's "Government Attorney of the Year" award.

    Click here for more information about Jeffrey.

  • Norma R. Houston

    Norma R. Houston joined the School of Government in 2006. She specializes in a number of areas of local government law including emergency management, procurement, and ethics. Prior to joining the SOG, Houston served as chief of staff and general counsel to State Senate President Pro Tempore Marc Basnight. She has also worked for UNC President Erskine Bowles and served as Dare County attorney, assistant attorney general in the NC Department of Justice, and staff attorney for NC Prisoners Legal Services. She is a member of the North Carolina State Bar and serves on the boards of several organizations.

    Houston has been an adjunct faculty member at the UNC-Chapel Hill School of Law and taught state government in the School's graduate program in public administration. She was named Albert and Gladys Hall Coates Term Lecturer for Teaching Excellence for 2015-2017.

    Houston earned a BS in criminal justice and psychology and a JD from the University of North Carolina at Chapel Hill.

    Click here for more information about Norma.

  • Judge Tenisha S. Jacobs

    Judge Tenisha S. Jacobs is an Administrative Law Judge with the North Carolina Office of Administrative Hearings in Raleigh. She is a member of the Tax Section, Administrative Law Section and Young Lawyers Division of the North Carolina Bar Association.

    Click here for more information about Judge Jacobs.

  • Jonathan D. Jones

    Jonathan D. Jones earned his B.A., M.A., and J.D. from the University of North Carolina at Chapel Hill. Jonathan worked for six years as a newspaper reporter for community newspapers in Maryland and Virginia as well as the News & Record of Greensboro. Jonathan has also worked for the Reporters Committee for Freedom of the Press and the N.C. Open Government Coalition while in law school. Jonathan served as editor in chief of the First Amendment Law Review. He also served four years on the board of directors for the non-profit corporation that publishes The Daily Tar Heel student newspaper and volunteered with the Innocence Project. Published in The First Amendment Law Review and News Media & the Law. Jonathan presented research papers at AEJMC Southeast colloquium, worked for two years as a prosecutor in Durham and previously served as a law clerk for the North Carolina Appellate Defender.

    Click here for more information about Jonathan.

  • William Bain Jones Jr.

    William Bain Jones Jr. completed undergraduate and graduates studies at the University of North Carolina-Chapel Hill. He is a graduate of the Cumberland School of Law. A former Deputy Commissioner at the NC Industrial Commission and Temporary Administrative Law Judge, Mr. Jones is a certified mediator, past Chair of the NCBA Workers Compensation Section, and member of the Administrative Law Section. Bain practices Administrative Law, Workers Compensation, Social Security and Employment Law.

    Click here for more information about Bain.

  • Jill D. Moore

    Jill D. Moore is Associate Professor of Public Law and Government at the University of North Carolina-Chapel Hill School of Government, where she specializes in public health law issues affecting North Carolina local governments. She earned her Master of Public Health degree from the UNC Gillings School of Global Public Health and worked in the public health field for several years before attending law school. She earned her Juris Doctor with High Honors from the UNC School of Law, where she served as Executive Articles Editor of the North Carolina Law Review. Before joining the School of Government, she served as law clerk to the Honorable Willis P. Whichard, North Carolina Supreme Court.

    Professor Moore is the author of the practical handbook, North Carolina Communicable Disease Law, and is a contributor to the Coates' Canons NC Local Government Law blog. Her research interests include communicable disease control, health information privacy, and local public health department organization and governance. She maintains a website addressing issues in North Carolina public health law at ncphlaw.unc.edu.

    Click here for more information about Jill.

  • Mark H. Newbold

    Mark H. Newbold recently retired from the City Attorney's Office for Charlotte where he served as the Deputy City Attorney for the Charlotte-Mecklenburg Police Department for twenty two years. Prior to becoming a Deputy City Attorney, Mark was the lead Police Attorney for the Tulsa Police Department. Mark received his law degree from the University of Tulsa while working as a police officer for the Tulsa Police Department. He has represented municipalities and police officers in State and Federal Court in both use of force cases and cases arising out of demonstrations. While serving as Deputy City Attorney, Mark was intricately involved with developing policies and procedures for CMPD concerning Use of Force and First Amendment issues. He is the Past Chair for the Legal Officers Section of the International Association of Chiefs of Police and Past President of the North Carolina Association of Police Attorneys. Mark has published numerous articles on police issues.

    Click here for more information about Mark.

  • J. Mark Payne

    J. Mark Payne appointed as Guilford County Attorney in 2009, serves as legal counsel to the Board of Commissioners and oversees the County Attorney's Office with a staff of twenty-four.

    Mark Payne, born in Greensboro, grew up in Raleigh, North Carolina. He attended the University of North Carolina, Chapel Hill, where he received his undergraduate degree and his law degree.

    Mr. Payne began his career in private practice before taking a position with the Attorney General's office. During his tenure with the Attorney General’s Office Mr. Payne worked in the areas of Environmental law and Energy/Utilities law.

    Mr. Payne went on to accept an appointment as County Attorney in Johnston County where he served for approximately 13 years prior to his move to Guilford County.

    Mr. Payne currently serves as council member on the North Carolina Bar Association Administrative Law section and has previously served as Chair of the Government and Public Sector Section of the NCBA, Past President of NC Assoc. of County Attorneys; and received the "County Attorney of the Year" award in 2007.

    Click here for more information about Mark.

  • William M. Polk

    William M. Polk serves as Deputy General Counsel in the NC Department of Public Safety (NCDPS) and serves as in-house counsel for the Division of Emergency Management. Mr. Polk has served as a chair of the Legal Counsel Committee for the National Emergency Management Association and was a member of the Legal Services Corporation, Disaster Task Force. Prior to his duties in NCDPS, Mr. Polk served as Deputy General Counsel in the Office of the Governor. Polk has also served as General Counsel in the Office of the Lt. Governor, and as Director of the Victims and Citizens Services Section of the Attorney General's Office. He started his career in state government as a public safety policy analyst for the Office of the Governor. He also was a chair of the workplace violence committee of the N.C. Council for Women/Domestic Violence Commission. He served as the Attorney General's designee to the N.C. Council for Women/Domestic Violence Commission. He was recognized for his legislative efforts, by being awarded the Legislative Advocacy award by the North Carolina Coalition against Domestic Violence.

    Mr. Polk is a native of Harrisburg, N.C., and received a BA in Political Science/Criminal Justice Concentration from North Carolina State University in 1996, and his J.D. from N.C. Central University School of Law, in 1999. He is admitted to the N.C. Bar and U.S. District Court for the Eastern District of North Carolina.

    Click here for more information about Will.

  • S. Mujeeb Shah-Khan

    S. Mujeeb Shah-Khan is the City Attorney for Monroe, North Carolina and has served in that role since July, 2014. He is the City's chief legal counsel and provides legal advice to the Monroe City Council, City Departments, and City Boards and Commissions. Prior to becoming Monroe's City Attorney, Mujeeb was the City Attorney for Greensboro, North Carolina and was a member of the Charlotte City Attorney's Office. Before joining the Charlotte City Attorney's Office, he worked in private practice as a litigator with the Charlotte offices of Cranfill Sumner & Hartzog and Poyner and Spruill.

    He is a 1991 graduate of Duke University, where he received a degree in political science. He is a 1994 graduate of the Walter F. George School of Law at Mercer University.

    He is also the current President of the North Carolina Association of Municipal Attorneys.

    Click here for more information about Mujeeb.

  • Victoria E. Sheppard-Anderson

    Victoria E. Sheppard-Anderson now serves as Assistant County Attorney for Guilford County Sheriff's Office (October 2020). She began the second phase of her legal career after relocating to North Carolina from Tampa, Florida. Victoria has been licensed to practice law in North Carolina since 2017 and started work immediately with Legal Aid of North Carolina in the General Practice and Domestic Violence units. Victoria earned her Juris Doctorate from Florida A&M College of Law in 2005; where she served as Articles Editor for the inaugural edition of Law Review and interned with United States Attorney's Office for the Middle District of Florida (Orlando).

    Prior to attending Law School, Victoria's non-legal professional career started with the State of Florida, after receiving a bachelor's degree from Florida State University. She worked as a Child Abuse Investigator, Probation Officer and Certified Trainer for the Department of Children and Families through the University of South Florida-Professional Development Center. Victoria started a solo civil practice in 2005 in the Central Florida area and while in private practice she gained civil trial/litigation experience (2005 – 2009). In 2009 she transitioned to staff attorney with a Shapiro, Fishman & Gaché a full-service financial services law firm in Tampa Florida (2009-2013) broadening the scope of her motion and litigation experience.

    Victoria is a member of the State of North Carolina Bar and State of Florida Bar. Victoria is also a member of Delta Sigma Theta Sorority, Incorporated.

    Click here for more information about Victoria.

  • Ann B. Wall

    Ann B. Wall is General Counsel for the North Carolina Department of the Secretary of State in Raleigh. She has served as an attorney in the North Carolina Departments of Justice and Labor, as well as the National Labor Relations Board. She has provided advice regarding public records requests, open meetings and records retention issues during her years of State and federal service. She is a member and past chair of the Administrative Law and Government and Public Sector Sections of the NCBA. She is a past recipient of what is now called the Grainger Barrett Award for Excellence awarded by the Government and Public Sector Section. She is also a member of the Business, Constitutional Rights & Responsibilities, Corporate Counsel, Criminal Justice, Labor and Employment Law and Litigation Sections. She is a member of the ABA and several of its sections, and of the NC Association of Women Attorneys. Her undergraduate and law degrees are from Meredith College and from the University of North Carolina at Chapel Hill respectively.

    Click here for more information about Ann.

January 11, 2021
Mon 8:55 AM EST

Duration 7H 20M

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