As of April 17, 2020 Rick, Howell’s city paid attorney filed a 35-page legal document, called an “Appellant’s Brief” to the North Carolina court of Appeals. Mr. Green has 30 days to file his answer to Howell’s brief and the Appeals Court will have everything in their hands. Of course, there will be probably another 6 months delay doing that.
This is where we are with this report. Up to date to the very minute with the status of the case. However, the Court of Public Opinion has just kicked in. And members of the black community, including Mr. Willie Green are speaking out. (And me as I have read Howell’s Appellant’s Brief.) This is where this part of this article starts!!!
Rev. Dante Murphy speaks-out, in no uncertain terms, to Shelby City Council members Rev. Charles Webber and Andrew Hopper and copies the rest of the City of Shelby government and the black community leadership.
On Friday, May 1, 2020, 01:56:27 PM EDT, SCEPUL
Rev. Charles Webber & Mr. Andrew Hooper,
The purpose of this email is to follow up with clarifications and provide you with indisputable justification to move forward with the termination of City Manager Rick Howell and to settlement the dispute with Mr. Willie Green.
Attached is Rick Howell’s Appellant Brief to the N.C. Court of Appeals dated April 17, 2020. In his sworn brief, Rick Howell presents troubling misrepresentations of the truth that the average black person would be fired for.
Rick Howell makes a reckless attempt to explain away his defamatory statements against Mr. Green by deeming it as “rhetorical hyperbole.” This is absurd and should be embarrassing to the attorney that used such language as an excuse for Mr. Howell’s actions.
The powers and duties of a City Manager are statutorily prescribed in the City Code of Shelby, Sec. 2-112, and N.C. Gen. Stat. § 160A-148. The City Code and N.C. Gen. Statute states that the “City Manager shall be the chief administrator of the city, [H]e shall attend all meetings of the Council and recommend any measures that he deems expedient.” According to the brief Mr. Howell exercised “deliberation, decision, and judgment” and was statutorily required in his official role as City Manager to “recommend any measures that he deems expedient to City Council.”
Mr. Howell’s disclosures about Mr. Green’s financial status was information either obtained illegally or fabricated. These concerns are further exacerbated when Mr. Howell inferred that Mr. Green’s intentions were criminal. The malicious attack was used to make recommendations to the Council that Mr. Green be prevented the opportunity to appear before the Council and present his proposal.
Mr. Howell is also reckless and untruthful in stating that 1) “Green, on behalf of 5-Star, approached the City with a business proposal, without the City ever having sought proposals for a sports complex or for a public-private partnership and, 2) “[T]he City did not agree to Green’s proposal for building a sports complex at the Holly Oak Park location.” Mr. Howell failed to mention that Mr. Green was responding to the City of Shelby’s Comprehensive Parks and Recreation Master Plan, 2008-2018, where the City of Shelby called for a public-private-partnership with a private business to build and operate a sports facility in the City of Shelby.
The City of Shelby initially expressed excitement about a partnership with Mr. Green as indicated by a proposal to Mr. Green on June 24, 2016, to (a) lease portions of Holly Oak Park for $1 per year, (b) provide Mr. Green with all utility connections, building inspections and permits at no-cost, (c) share cost for site preparation and tree removal, and (d) the City also offered Mr. Green annual operating subsidies to cover some of his expenses.
I regret having to be so direct about these matters and including the “white community” in what is supposed to be “family matters” of the black community. However, it is disheartening to see honorable men in the African American community being pimped out to further the cause of discrimination and corruption. Furthermore, citizens do not elect third party lawyers to govern, but rather, it is the duty of elected officials to advocate for the will of the people.
This is a plea to you to stop this unjust attack and deal with the malicious actions of the city manager and correct the wrongs perpetuated against Willie Green.
Rev. Dante’ Murphy
