PLEASE READ THE BOTTOM EMAIL FIRST……………….. then see my response.

 

From: HARVEY MORSE
Date: Friday, July 7, 2023 at 1:41 PM
To: "Smythe, Jeffrey" <jsmythe@NCDOJ.GOV>
Cc: "Schilling, Michelle" <mschilling@ncdoj.gov>
Subject: Re: Response

 

Mr. Smythe,

 

Thank you for your response to my request to Ms. Schilling for the email addresses of those serving on the CJST who are participating in the August 9th scheduled Hearing. I understand your reasoning to be the gatekeeper. I realize why your “preferred” method of communication as described is in effect, however, when the income of approximately 2,113 people is at the threshold of being negatively impacted by proposed rule changes, their desire is to communicate directly with the decision makers rather than via a conduit for a myriad of reasons. That is the reason why the emails were being sought and I appreciate your directing Ms. Schilling to send them to me. As an aside, and tongue-in-check, if the proposed rules are passed, they will mandate that instructors maintain and report records for the State, so perhaps a similar rule that members of the CJSTC must follow to do the same regarding any official contact with citizens enabling the State to track all exchanges to become part of any applicable record. 

 

Candidly, I do not have the time, capacity, or desire to suggest limiting the number of instructors or citizens who may show up at a Public Hearing, not that you implied that, but many instructors wish to express their individual concerns, as each have unique reasons. A head count of those who are opposed will only consider those who are present unless those present would be determined to statistically represent 100% of all CCH instructors throughout the State and their vote would equate to that of all instructors. A more accurate response would be determined by a direct mail vote prior to passage. I mention that aside from receiving the proposals late on a Friday evening, (conveniently devoid of any advisement of the August 9th Hearing), the State has never set forth its reasoning, purpose, or intent to suddenly proffer these changes in the first place, rendering them inexplicable.

 

As a former State official in Florida for many years Chairing two state boards combined with a long-decorated career in law enforcement, I can assure you that my goal and that of my other instructors, each of whom is former law enforcement, is to teach the most thorough, detailed, accurate and compliant course possible to enable a person to apply for a concealed carry permit. Mr. Overton has informed me that some instructors are violating the law and that is the primary purpose of these proposals, but with due respect, determining who is operating in contravention to rules and law should be the States duty without unreasonably impacting compliant lawful instructors.

 

In my opinion and that of most CCH instructors with whom I have been in contact, the proposed rule changes were not well thought out in advance, there has been no regard for their business operations and their investments, additional non-compensatory time and expenses work is anticipated, and the method of delivery of the proposals is what has created a storm.

 

Thank you very much,

 

Harvey Morse

 

 

Harvey E. Morse,  BAI, CMI, CII

Law Enforcement Certified – Current Sworn Deputy Sheriff

Haywood County, NC - Emergency Management Response Team

Law Enforcement Trainer + Firearms Instructor

FEMA ICS Certified

 

Former:                                                                                                           LIFE Membership: 

Federal Vehicular Homicide Investigator                                    International Association of Chiefs of Police                         

Asst. Police Chief                                                                             Florida Police Chief’s Association                              

State Trooper (Sgt)                                                                          Federal Criminal Investigators Association            

Municipal PD (Sgt)                                                                           American Society for Industrial Security

                                                                                                          (Member: FOP, PBA and numerous professional associations)                                                                                                                 

​

​

From: "Smythe, Jeffrey" <jsmythe@NCDOJ.GOV>
Date: Friday, July 7, 2023 at 11:16 AM
To: HARVEY MORSE 
Cc: "Schilling, Michelle" <mschilling@ncdoj.gov>
Subject: RE: Response

 

Mr. Morse, 

 

There is no strict prohibition on you emailing a commissioner and I don’t believe Deputy Director Schilling has stated that.  

 

Our preferred method to handle these communications is for you to route them through my staff.  We work diligently to ensure all communications regarding Commission business are logged, shared with the Commissioners, and made part of the permanent record of communications with respect to a rule-making hearing/process.

 

I am sure you understand that if dozens of people begin to have individual email exchanges with Commissioners, sometimes with several iterations of back-and-forth messages, there is little we can do to track that and ensure all of those exchanges become part of the record.  If you are comfortable that information will be missed and not shared with all members of the committee, you may certainly begin those email exchanges.

 

DD Schilling will share the email addresses with you as a matter of public record.

 

I think we all share the same goal of the best outcome for our profession.  Your opinion matters and we look forward to seeing you at the commission meeting.

 

You might also plan to have a small number of folks lined up with individual talking points.  I don’t think we are well served if we have 100 people speaking all day and saying the same thing over and over again.  I am sure the Committee Chair would accept a head count of those opposed or those input who might wish to see changes and then a few folks articulating the issues distinct to their position.

 

If you have any additional questions about any of this, I am happy to weigh in and discuss them in advance.

 

 

JEFFREY SMYTHE

Director

Criminal Justice Standards Division

Office:  (919) 779-8203

Fax:      (919) 779-8210

jsmythe@ncdoj.gov

1700 Tryon Park Drive

Raleigh, NC  27602-0149

ncdoj.gov

 

Just to remind you, messages to or from this address may be public records.

 

 

 

From: Schilling, Michelle <mschilling@ncdoj.gov> 
Sent: Friday, July 7, 2023 10:34 AM
To: Cooley Dismukes, Leslie <LDismukes@ncdoj.gov>; Smythe, Jeffrey <jsmythe@NCDOJ.GOV>
Subject: FW: Response

 

 

 

 

MICHELLE SCHILLING

Deputy Director

Criminal Justice Standards Division

Office:  (919) 779-8205

Fax:      (919) 779-8210

MSchilling@ncdoj.gov

1700 Tryon Park Drive

Raleigh, NC  27602-0149

ncdoj.gov

 

Please note messages to or from this address may be public records.

 

 

 

From: Harvey E. Morse 
Sent: Friday, July 7, 2023 10:28 AM
To: Schilling, Michelle <mschilling@ncdoj.gov>
Subject: Re: Response

 

Dear Ms. Schilling.

 

I fully understand your role and am complying where comments are being directed. However, I respectfully doubt there is a legal prohibition that prevents you from providing the email addresses of those who are serving on the CJSTC, as they are an official body of the State, and citizens should be allowed accessibility. If such a written prohibition does exist, I would be most grateful for receiving a copy of same.

 

Thank you.

 

Harvey Morse

 

From: "Schilling, Michelle" <mschilling@ncdoj.gov>
Date: Friday, July 7, 2023 at 10:05 AM
To: HARVEY MORSE 
Subject: RE: Response

 

Good morning, Mr. Morse:

 

As the Rules Coordinator for the Commissioner it is my responsibility to ensure all public comments are gathered and provided to the Commissioners of the Planning & Standards Committee for their review.  Should you have any additional comments regarding the CCH Instructor rules for the Commissioners, please send to me as indicated in the Public Hearing announcement, and as published in the NC Office of Administrative Hearing Register.

 

Respectfully,

 

Michelle

 

 

MICHELLE SCHILLING

Deputy Director

Criminal Justice Standards Division

Office:  (919) 779-8205

Fax:      (919) 779-8210

MSchilling@ncdoj.gov

1700 Tryon Park Drive

Raleigh, NC  27602-0149

ncdoj.gov

 

Please note messages to or from this address may be public records.

 

 

 

From: Harvey E. Morse 
Sent: Thursday, July 6, 2023 12:17 PM
To: Schilling, Michelle <mschilling@ncdoj.gov>
Subject: Re: Response

 

Dear Ms Schilling, 

 

Would you please be kind enough to advise me of the email addresses of each of the commission members who will be participating in the August 9th hearing.

 

Thank you very much, 

 

Harvey.