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POLICE BENEVOLENT ASSOCIATION

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May 25,2018
A Division of Southern States Police BenevolentAssociation

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(770) 389-s3el . (800) 233-3s06
Fax (770) 389-4s77 ' (866) 337-7722
www.sspba.org

Mayor Esther E. Manheimer

Asheville City Council
P O Box 7148
Asheville, NC 28802

Dear Mayor Manheimer and Asheville City Council:

The North Carolina Police Benevolent Association, a division of Southern States Police
Benevolent Association is the largest association of law enforcement officers in North Carolina.
Our Mountain Chapter has been representing Asheville police officer members since 1985.

Over the years, the City of Asheville has permitted PBA leadership to represent Asheville PBA
members in matters that effect their work life conditions and ability to discharge their duties to
serve and protect the citizens of Asheville.

We are writing to you concerning the actions of certain council members during the Tuesday,
May 22,2018 Asheville City Council meeting. Following an unusually one sided presentation
from the Southern Coalition for Social Justice concerning police officer consent searches and
vehicle stops, Councilmember Keith Young forced an inappropriate motion to adopt the
purported presentation without the opportunity for public comment or debate.

Despite Mayor Ester Manheimer's statement that Council member Young's actions were
"unprecedented" and another council member's public apology for this conduct, the council
denied our PBA representatives and others the opportunity to be heard and passed
Councilmember's Young's motion.

These actions not only violate appropriate procedure and process, they appear to violate the
Asheville City Charter and other law.

It is further noted that Councilmember Young's directives in an open council meeting to the
Asheville City manager and police chief may also have violated policy, procedure and law.

In a letter to this body in October of 2014, PBA cautioned the council concerning another
councilmember's violation of state law. In 2013, we reminded the Asheville City Council then
about the limitations of North Carolina municipalities in establishing policy or local law that
supersedes the state and federal authority of local law enforcement officers.

The Voice of Law Enforcement Officers

Mayor Esther E. Manheimer and City Council
Page 2
May 25,2018

It appears that the concerns raised then are concerns once more.

Therefore, we respectfully request you take measures to rescind the Council's troubling decision
of May 22,2018 and allow PBA representatives the opportunity to more fully provide our
thoughts and concerns to you.

We look forward to further explaining our position and to perhaps develop alternatives that
would address your objectives without jeopardizing the safety and lawful duties of our members
and their ability to serve and protect their citizens.

We certainly prefer the opportunity to resolve these matters with you rather than exploring other
measures available to us.

Thank you for your consideration and we look forward to hearing from you.

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Sincerely,

John C. Midgette.
Executive Director

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