8:55 Welcome and Introductions
9:00 Assessment: Disruptors, Disruptions and Threats
Robin Keller, Guilford County Attorney's Office, Greensboro
Patricia Norris, NC Department of Agriculture and Consumer Services, Raleigh
J. Mark Payne, Guilford County Attorney's Office (retired), Greensboro (Moderator)
David H. Schanzer, Duke University – Sanford School of Public Policy, Durham
James Secor, Guilford County Sheriff's Office, Greensboro
Review the potential impact that the FBI Strategic Intelligence Assessment and Data on Domestic Terrorism could have on our practice and our clients. Then look at various disruptors currently operating — such as First Amendment auditors, militias, and sovereign citizens — and the ways their activities may manifest for us and our clients through harassment, threats, stalking, meeting disruptions and other means.
10:31 Break
10:41 Response Strategies: Disruptors, Disruptions and Threats
Robin Keller, Guilford County Attorney's Office, Greensboro
Kristi Nickodem, UNC School of Government, Chapel Hill
Patricia Norris, NC Department of Agriculture and Consumer Services, Raleigh
J. Mark Payne, Guilford County Attorney's Office (retired), Greensboro
James Secor, Guilford County Sheriff's Office, Greensboro
Discuss strategies for responding to threats to government and administrative agency officials and employees, as well as meetings and operations. Attendees explore tactics such as improving communication and de-escalation in non-law enforcement settings and the array of potentially applicable state and federal laws for dealing with the entities discussed in the first session (or less-than-pleasant opposing counsel).
12:13 Lunch Break
12:43 FOIA, Touhy, Privacy Act and HIPAA
Gill P. Beck, United States Attorney's Office – Western District of North Carolina, Asheville
Kristi Nickodem, UNC School of Government, Chapel Hill
How do you obtain records from the federal government? We provide an overview of the "other" public records law — the federal Freedom of Information Act ("FOIA") — what it is and why we need to know about it. Also, what are the Touhy Regulations and how do we use those regulations to request information from federal agencies? What other federal statutes, such as the Privacy Act, do you need to be aware of in requesting records from the United States? What are our obligations under HIPAA when First Amendment auditors seek to film within our medical facilities? What federal tools are available in dealing with sovereign citizens?
1:43 Public Records Refresh and Update
Robin Keller, Guilford County Attorney's Office, Greensboro
J. Mark Payne, Guilford County Attorney's Office (retired), Greensboro
Kristina Wilson, UNC School of Government, Chapel Hill
Explore the basics of the Public Records Act, then examine the statutory changes and appellate cases that occurred in recent years and how the changes may affect us and our clients.
2:44 Break
2:54 Open Meetings Refresh and Update
Robin Keller, Guilford County Attorney's Office, Greensboro
J. Mark Payne, Guilford County Attorney's Office (retired), Greensboro
Kristina Wilson, UNC School of Government, Chapel Hill
Analyze the open meetings law, the statutory changes and appellate cases that occurred in recent years, outstanding questions on aspects of like remote and hybrid meetings, and how the changes may affect us and our clients.
3:54 Adjourn
Thank you for joining us for Post-COVID Pulse Check: Disruptors, Public Records and Open Meetings (2022 Public Records Update Program).
Receive updates on the Public Records Act and the open meetings law, discussing remote meetings post-emergency declaration, recent changes to applicable laws, and relevant appellate cases.
Gill P. Beck serves as the Chief of the Civil Division of the United States Attorney's Office for the Western District of` North Carolina in Asheville. He handles the full range of civil cases involving the United States and federal agencies.
Gill received the U.S. Attorney General's Distinguished Service Award, the U.S. Civil Rights Division Assistant Attorney General's Distinguished Service Award, the North Carolina Governor's Order of the Long Leaf Pine, the Bronze Star for his service as an Army Judge Advocate in Iraq and was promoted to Major General in the U.S. Army Reserve. In 2016 he was selected as North Carolina Lawyer's Weekly North Carolina Lawyer of the Year. He is currently President of the Buncombe County Bar.
Gill is a graduate of Appalachian State University, where he was Captain of the football team and an Academic All-American football player. He attended Duke University School of Law, where he graduated with high honors and served as a Senior Editor for Law and Contemporary Problems.
Click here for more information about Gill.
Jeffrey P. Gray is of counsel with Bailey & Dixon LLP in Raleigh. A trial lawyer with experience in a wide variety of civil and regulatory litigation, he has represented individuals and business entities as both plaintiffs and defendants. In addition to his trial practice, he has argued dozens of cases before the North Carolina Court of Appeals and Supreme Court. His practice is currently focused on government regulatory matters.
In addition to representing licensees before the multitude of occupational and professional licensing boards in North Carolina, he personally serves as legal counsel to the North Carolina Private Protective Services Board, the North Carolina Alarm Systems Licensing Board and the North Carolina Board of Landscape Architects and as hearing counsel to the North Carolina Board of Funeral Services and the North Carolina Veterinary Medical Board. Jeff previously served as legal counsel to the North Carolina Board of Barber Examiners (2007-2011), the North Carolina Auctioneers Licensing Board (1994-2008), and has served as hearing counsel or legal advisor for six (6) other boards. He also serves as legislative agent and lobbyist for numerous professional and trade groups and associations.
Prior to entering private practice, Jeff served as Special Assistant to the Attorney General, then as an Assistant Attorney General and Law Enforcement Liaison in the Criminal Division of the North Carolina Department of Justice. He served five two-year terms as a Commissioner on the North Carolina Rules Review Commission between 2001 and 2011.
Jeff is the author of published articles in the Campbell Law Observer; the Campbell Law Review; the North Carolina State Bar Journal; the Supreme Court Historical Society's Juridicus; numerous North Carolina Bar Association newsletters; Popular Government; various law enforcement and trade journals; and numerous publications for distribution by the Department of Justice to local and state government agencies.
Jeff earned his B.S., cum laude, from Western Carolina University and his J.D. from Campbell University School of Law.
Click here for more information about Jeff.
Robin Keller is Clerk to the Board at the Guilford County Attorney's Office in Greensboro. She has worked for the County since 2002, working both in the County's Human Resources Department and the County Attorney's Office before being appointed to Clerk to Board and serving as a member of the County's executive leadership team in 2014.
Robin earned her B.S. in Health Education - Worksite Health Promotion from East Carolina University. She is a North Carolina Board Certified Paralegal with the NC State Bar.
Click here for more information about Robin.
Kristi A. Nickodem is an Assistant Professor of Public Law and Government at UNC School of Government in Chapel Hill. She teaches, consults, and writes about human services law, including the organization and governance of local social services and consolidated human services agencies, the powers and duties of social services directors and consolidated human services directors, the responsibilities of social services and consolidated human services boards, and the confidentiality of social services information. Her work also explores how local governments use and respond to technology, including legal issues associated with social media, artificial intelligence, and the First Amendment.
Kristi joined the School of Government in April 2021. Previously, she practiced employment law at K&L Gates LLP, where she counseled employers on complex employee relations and compliance issues, conducted internal investigations, and defended clients in litigation. Prior to entering private practice, she worked for an international nonprofit organization in Greensboro.
Kristi earned her B.A. in English, summa cum laude, from the University of North Carolina at Greensboro and her J.D., with high honors, Order of the Coif and Order of the Barristers, from the University of North Carolina at Chapel Hill.
Click here for more information about Kristi.
Patricia Norris DVM is the Director of the Veterinary Division Animal Welfare Section of the NC Department of Agriculture and Consumer Services in Raleigh. The Animal Welfare Section licenses public and private animal shelters, boarding kennels and pet shops and oversees the state's Spay and Neuter Fund.
Patricia was in private veterinary practice for 25 years in Virginia, North Carolina and New Mexico. She served as veterinarian at the Duke University Primate Center to provide care for their colony of endangered lemurs. She also served as veterinarian for the Pitt County Board of Health and on the County Animal Response Teams for Pitt and Madison counties.
Previously, she served as the staff veterinarian for the Doña Ana County Sheriff's Office, the only position of its kind in the country. She provided veterinary forensic services for their cases of animal cruelty and animal crime, and was commonly asked to assist other law enforcement agencies throughout New Mexico. She served as veterinarian for the New Mexico Animal Sheltering Board since its inception in 2007 and was a member of the DASO Mounted Patrol Horseback Search and Rescue team.
Patricia earned her Doctor of Veterinary Medicine from the Virginia Tech College of Veterinary Medicine and has a graduate certificate in veterinary forensic science from the University of Florida College of Veterinary Medicine.
J. Mark Payne is the Principal at J.M. Payne & Associates PLLC in Greensboro. His areas of practice include governmental representation, transition services and representation before governmental entities.
Mark has 25 years of experience as a county attorney, serving in Johnston County for 13 years and 12 years as the Guilford County Attorney. In that time, he has represented every kind of local government board in every kind of litigation, including complex elections law matters and a significant role in the ground-breaking national opioid litigation. He has provided training to local government boards and staff, as well as his fellow government attorneys through CLE presentations.
Prior to his serving service as a county attorney, Mark was in the NC Attorney General’s Office with responsibility in environmental law, utilities law and appellate work.
Mark earned his undergraduate degree from the University of North Carolina Chapel Hill and his J.D. from the University of North Carolina Chapel Hill School of Law.
Click here for more information about Mark.
Matthew J. Pentz is the Senior Assistant Town Attorney with the Town of Cary. He has served in the Town's Legal Department for the past 9 years.
As a key member of the 4-person legal team, Matt provides counsel to the Town Council, Town Manager, and various Departments on a wide range of legal matters. His areas of focus include land use and zoning law, contracting, public records, and a burgeoning interest in generative AI.
Prior to joining the Town, he was an associate at a prominent law firm in Statesville.
Matt earned his B.A. in the Program of Liberal Studies (Great Books Program) from University of Notre Dame and his J.D. from the University of North Carolina at Chapel Hill School of Law.
Click here for more information about Matt.
Taniya D. Reaves is the Assistant County Attorney with the Guilford County Attorney's Office in Greensboro.
In 2021, the Greensboro Bar Association recognized Taniya for outstanding pro bono service by honoring her with the 2021 Pro Bono Award for her work in expunction cases.
Taniya earned her J.D. from North Carolina Central University School of Law.
Click here for more information about Taniya.
David H. Schanzer is a professor of the practice at the Duke University Sanford School of Public Policy in Durham. He is also the director of the Triangle Center on Terrorism and Homeland Security. He teaches courses, conducts research and engages in public dialogue on counterterrorism strategy, counterterrorism law and homeland security.
Prior to his academic appointments, David was the Democratic staff director for the House of Representatives Committee on Homeland Security from 2003 to 2005. He previously served as the legislative director for Sen. Jean Carnahan (2001-2002), counsel to Sen. Joseph R. Biden Jr. (1996-1998), and counsel to Sen. William S. Cohen (1994-1996). His positions in the executive branch include special counsel, Office of General Counsel, Department of Defense (1998-2001) and trial attorney, United States Department of Justice (1992-94). He was a clerk for U.S. District Judge Norma L. Shapiro and in the Office of the Solicitor General of the United States.
David has appeared on international, national and local radio and television discussing terrorism and homeland security and is the author of more than 70 op-ed articles on these subjects that have appeared in newspapers around the country and on-line. He is the lead author of two National Institute of Justice studies: The Promise and The Challenge and Promise of Using Community Policing Strategies to Prevent Violent Extremism (2016) and Anti-Terror Lessons of Muslim Americans (2010). He has served a member of the Countering Violent Extremism Leadership Forum and has been a Research Fellow for the National Intelligence Council.
David is a graduate of Harvard College where he received an A.B., cum laude, in government and of Harvard Law School, where he served as an editor of the Harvard Law Review.
Click here for more information about David.
James D. "Jim" Secor III is a Deputy County Attorney at the Guilford County Sheriff's Office in Greensboro. He has held that position since 2015.
Jim has been licensed to practice law in North Carolina for 30 years since August 1990. He gained 21 years of civil trial/litigation experience while in private practice (1994 – 2015), and focused the last 10 years of his private practice (2005 – 2015) representing and defending Law Enforcement and Detention Officers in civil lawsuits across the State. While in private practice, he was regularly hired by the Fraternal Order of Police, the Police Benevolent Association, and the Greensboro Police Officers Association to represent local Officers and Deputies in officer-involved shootings and other on-duty incidents (2005 – 2015).
Jim spent four years performing criminal trial work in the U.S. Navy Judge Advocate General's Corps, where he saw all three sides of the bench as a Magistrate, Prosecutor and Defense Counsel (1990 – 1994). He served as a Command Judge Advocate while deployed with Amphibious Squadron 8 on the U.S.S. IWO JIMA (LPH-2) during Operation Provide Promise—Yugoslavian coast (1992). He was honorably discharged after 4 years of active duty as a Commissioned Officer in the United States Naval Reserve (1990 – 1994). While on active duty, he earned two Navy Commendation Medals (non-combat related), a Navy Achievement Award and the Sea Service Medal.
Jim earned his J.D. at the University of North Carolina Chapel Hill School of Law, where he authored two published works on the UNC Law Review. He also earned Phi Beta Kappa Membership as an undergraduate at Hampden-Sydney College.
Click here for more information about Jim.
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.
Anne 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.
Anne's 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.
Kristina Wilson is an Assistant Professor of Public Law and Government at the UNC School of Government in Chapel Hill. She joined the School of Government in September 2021. Her work focuses on local government structure and authority, board procedures, and public records and transparency issues.
Prior to joining the School, Kristina was a civil litigation associate at Yates McLamb & Weyher LLP where her practice included medical malpractice defense, general liability defense, employment disputes, and constitutional matters in both federal and state court. She also worked for the U.S. Department of Justice in its Access to Justice Office addressing civil constitutional issues including nuisance ordinances and public housing and a proposed civil right to counsel.
Prior to law school, Kristina worked as a communications associate for the Center for Global Development, an international development think tank in Washington D.C.
Kristina earned her J.D., cum laude, from Wake Forest University School of Law where she was a published member and executive online editor of the Wake Forest Law Review. She earned undergraduate degrees in English and Spanish, cum laude, from Georgetown University.
Click here for more information about Kristina.
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