Chris Malone: House District 35 Wake County

“The Wake County school board created a climate of uncertainty and mistrust in the community…by

giving inadequate notice of major actions and making policy decisions, such as eliminating the use of socioeconomic diversity as a factor in student assignment, without compelling data, resulting in

destabilizing the school system and community.” –report by AdvanceEd accreditation agency, 2011

North Carolina Legislator Profile

House District 105

Rep. Chris Malone

In this Real Facts Legislator Profile, we focus on Rep. Chris Malone, the Republican representative from District 35 and Deputy Majority Whip for the 2017-2018 legislative session. He was first elected in 2012 and currently serves as the chair of the Wildlife Resources Committee and the Appropriations on Health and Human Services Committee and vice chair of the Appropriations Committee. Malone’s political career started over 15 years ago as a Wake Forest Town Commissioner in 2001. He was on the Wake County School Board in 2009 until his resignation in 2012. During his time on the school board, he was called a “hard-liner” who “served without distinction.” As a Representative, Malone has sponsored bills that aimed to restore partisan judicial elections and bar federal Medicaid expansion. After being delinquent at least 25 times paying them, Malone tried to repeal motor vehicle renewal and property taxes – while voting to raise sales taxes on working families.

Summary

• Since 2002, Malone has been delinquent on personal property taxes at least 25 times

• During his time on the school board, he: o Was accused of burglary following an alleged

affair with another board member o Supported private school vouchers o Looked to install less expensive heating,

cooling, and ventilation systems in schools o Worked to replace diversified schools with

neighborhood schools • Malone supports discriminatory policies

o “Marriage between one man and one woman should be the only domestic legal union valid in NC”

o defended overturning the Charlotte anti-discrimination ordinance

• Malone opposed Medicaid expansion and supported defunding Planned Parenthood

• Malone has complained about state legislators being underpaid and opposes state pensions being “eliminated for elected officials”

Chris Malone has been delinquent on personal property taxes “numerous times” Malone paid his personal property taxes late at least 25 times since 2002.

• 2001 Wake County personal property taxes on his 2000 Oldsmobile. He paid these taxes on June 21, 2002.

• 2002 Wake County personal property taxes on his 2000 Oldsmobile. He paid these taxes on May 28, 2003.

• 2002 Wake County personal property taxes on his 2001 Dodge. He paid these taxes on May 28, 2003.

• 2003 Wake County personal property taxes on his 2000 Oldsmobile. He paid these taxes on July 9, 2004.

• 2003 Wake County personal property taxes on his 2001 Dodge. He paid these taxes on July 9, 2004.

• 2004 Wake County personal property taxes on his 2000 Oldsmobile. He paid these taxes on July 11, 2005.

• 2004 Wake County personal property taxes on his 2001 Dodge. He paid these taxes on August 4, 2005.

• 2005 Wake County personal property taxes on his 2000 Oldsmobile. He paid these taxes on April 18, 2006.

• 2005 Wake County personal property taxes on his 2001 Dodge. He paid these taxes on January 2, 2007.

• 2006 Wake County personal property taxes on his 2005 Chrysler. He paid these taxes on January 2, 2007

• 2006 Wake County personal property taxes on his 2006 Chrysler. He paid these taxes on January 2, 2007.

• 2007 Wake County personal property taxes on his 2005 Chrysler. He paid these taxes on March 14, 2008.

• 2007 Wake County personal property taxes on his 2006 Chrysler. He paid these taxes on March 14, 2008

• 2008 Wake County personal property taxes on his 2006 Chrysler. He paid these taxes on March 10, 2009.

• 2008 Wake County personal property taxes on his 2005 Chrysler. He paid these taxes on July 30, 2009.

• 2009 Wake County personal property taxes on his 2005 Chrysler. He paid these taxes on June 18, 2010.

• 2009 Wake County personal property taxes on his 2006 Chrysler. He paid these taxes on July 6, 2010.

• 2010 Wake County personal property taxes on his 2006 Chrysler. He paid these taxes on August 2, 2011.

• 2010 Wake County personal property taxes on his 2008 Dodge. He paid these taxes on August 2, 2011.

• 2011 Wake County personal property taxes on his 2006 Chrysler. He paid these taxes on May 3, 2012.

• 2011 Wake County personal property taxes on his 2008 Dodge. He paid these taxes on May 3, 2012.

(Wake County Property Tax Records for Christopher E. Malone, III)

Malone told Eastern Wake News in an October 2012 interview that he is aware that his personal property taxes are delinquent and that he pays them late on purpose as “as matter of principle.”

Malone sponsored NC House Bill 30, an act to repeal the combined motor vehicle registration renewal and property tax collection system.

HB 30 would cause counties to lose up to $50 million each year. “N.C. House and Senate both unanimously approved legislation that would require citizens to pay the property taxes on their motor vehicles when they renew their registration, instead of paying the taxes several months after the vehicle registration had been renewed. After years of working to develop a system to accomplish this goal, and only weeks before it is set to go live, legislation has been introduced that would undo this unanimous vote. H30 (Repeal Combined M.V. Registration/Tax System) would stop this initiative in its tracks.” (Legislative Bulletin, 2/8/13) Collecting renewal property taxes before rather than after the registration has been renewed would make it difficult to skip paying property taxes. “According to statistics from the N.C. Property Tax Division in the Department of Revenue, counties collected 86.7% of property taxes on motor vehicles in 2011-12, while collecting 97.9% of property taxes due on non-motor vehicles. If counties enjoyed the same collection rate on motor vehicles as is experienced on non-motor vehicles, it would mean additional tax revenues of $45-50 million per year for counties, with municipalities also receiving millions more in collected taxes. Many counties are losing the equivalent of more than one cent on their property tax rate, while Columbus (2.6 cents) and Robeson (1.8 cents) are losing significantly more revenue.” (Legislative Bulletin, 2/8/13) Chris Malone’s time as a member of the Wake County Board of Education was marked by “dysfunction.” After discovering over $130,000 worth of cash, jewelry, and coins were taken from her home, Wake County School Board member and then-state auditor candidate Debra Goldman accused fellow board member Chris Malone of burglary following the end of their alleged affair.

Goldman and Malone, both married, gave conflicting reports about whether or not they were romantically involved. “The 2010 police notes also detailed an alleged romantic relationship in 2009 and 2010 between Debra Goldman and Malone, raising questions about her past actions on the school board – specifically whether she voted in October 2010 against a version of the Republican-backed student assignment plan because of Malone. Ron Margiotta, who was school board chairman from 2009 until last year, said Thursday that it was possible that a relationship and theft accusations swayed her vote.” (WRAL, 10/26/12) Goldman’s husband, Steve Goldman, questioned the burglary reports. “’Apparently people in Raleigh and on the school board, that this was all common knowledge that the two of them were dating even though he's still married and she was quite married at the time,’ he said. Steven Goldman told ABC11 he questions the burglary report, and said his wife never filed an insurance claim. And while he said he did buy her about $100,000 in jewelry, she still has all of it. ‘She absolutely still has it. I have physically seen it. I saw it after the burglary,’ he said. The incident happened just before a crucial vote on the Wake County School Board on a new student assignment plan. Goldman split from fellow Republicans on the board and derailed Republican plans for a new school choice plan.” (ABC11, 10/22/12)

While Malone compared the affair to “high school kids dating” and claimed they exchanged “thousands” of emails, Goldman denied the affair. “‘I am disappointed that The News & Observer would stoop to a new low in its coverage during an election year. It is obvious that these stories are politically motivated, and the timing is designed to derail my campaign. It only serves to continue the newspaper's history of attacks on me and my family. I am continuing my campaign for state auditor, and I am saddened that I have to even dignify these reports with a response. This is all I will say regarding this issue, and I consider the matter closed.’" (ABC11, 10/22/12)

In a Civitas candidate survey, Malone indicated that he supported private school vouchers. Malone indicated that he “agrees” with the following statement: “North Carolina should provide tax credits to individuals and businesses that fund scholarships for K-12 students to attend non-public schools.” (Civitas, 2012) In 2010, Malone questioned the need for energy efficient school buildings and whether children should be exposed to natural light. Malone claimed that features such as waterless urinals, natural lighting, and recycled building material may “no longer be justifiable.” “Wake school administrators have noted that waterless urinals reduce water use by 20 percent and that designing buildings to use more natural lighting instead of electric lights can cut energy use by 20 percent to 30 percent. Doug Brinkley, past chairman of the Triangle chapter of the U.S. Green Building Council, also touted how green schools can help improve student learning by ensuring good air quality. ‘Schools can use paints that don’t release as many chemicals into the air that can irritate people,’ for example. Malone said he’s heard of schools that have had to close window blinds because the natural light is too bright or put duct tape over sensors to control the air flow because it gets too hot. Malone said that in addition to looking at green schools, board members need to look at things such as design guidelines and whether Wake can use a less expensive heating, cooling and ventilation system.” (News & Observer, 4/14/10) Malone worked to replace diversified schools with neighborhood schools, even as critics claimed the policy would lead to resegregation. Malone questioned the success of Wake County’s nationally recognized diversity policies in public schools. “Busing students to balance the percentage of low income students among schools was a major dividing point at a forum...[in 2009] for Wake County school board candidates.” Chris Malone “attacked the diversity policy, saying it didn’t help students and caused them to be sent to schools far from their homes.” He “argued that the diversity policy has actually hurt Wake academically, repeatedly pointing to how the percentage of low income students graduating from high school is below the state average.” (Eastern Wake News, 9/16/09) According to Malone, diversity “has to be secondary to the primary goal of education.” “Malone questions the success of the diversity policy by pointing to the recent decline in Wake's overall graduation rate and how the district's 54.6 percent graduation rate for low-income students is below the state average. ‘I can't imagine why they're so proud to support a policy which is only graduating 54 percent of the group that they claim to be heroes for,’ Malone said.” (News & Observer, 9/21/09)

At the time, Wake County teachers overwhelmingly agreed that ending the system’s diversity policy would be detrimental. “By an 81 to19 percent margin, the Wake County teachers surveyed said they disagreed with the Board’s decision to end the system’s longstanding diversity policy and listed it as the top problem facing the system. In addition, 72 percent of teachers surveyed say the school system is headed in the “wrong direction” and 91 percent have a “negative or very negative” view of the School Board. By contrast, 93 percent of teachers surveyed have a “positive or very positive” view of the school where they teach. The survey also revealed that a vast majority of teachers believe the diversity policy has had a positive impact on students’ academic achievement. Teachers also say diverse schools, rather than neighborhood schools, are the better choice for both students’ academic success and 95 percent agree that high poverty schools deserve more resources.” (HCM Marketing Research, published by the News & Observer, 10/4/10) During Chris Malone’s tenure as school board member, the Wake County school system was under three federal civil rights investigations, including one for potentially violating Title VI of the federal Civil Rights Act of 1964 by dropping the diversity policy and disproportionately

suspending black students. “For the third time in less than two years, the Wake County school system...[was] under a federal civil rights investigation. The announcement...from two advocacy groups that the U.S. Department of Education’s Office for Civil Rights (OCR) will investigate charges of discrimination against Latino students was praised by those who said the scrutiny is needed. ‘We don’t need people in Washington, D.C., dictating our lives,’ said Wake school board member Chris Malone.” (The News & Observer, 07/05/12) AdvanceEd, a school accreditation agency, accused Malone and the Republican-majority school board of launching “a premeditated act that resulted in destabilizing the school system and community” and claimed that members were “shaping policy based on personal experiences rather than relying on objective data and evidence reflecting the system as a whole.” “The Wake County school board has created a climate of uncertainty and mistrust in the community, according to a report by accreditation agency AdvancED, which warned school leaders that they have a year to fix problems or risk losing accreditation for their high schools. The review team criticized the board majority for changing Wake’s school assignment plan, which used socioeconomic diversity to balance school populations, without support from what reviewers called relevant information on student achievement, graduation rates, length of bus routes and a positive parent satisfaction survey. ‘There is no compelling data to support the rationale and reasoning stated by members of the Board for the change in policy,’ according to the report. ‘In fact, throughout the interview process, it became very evident that board members were shaping policy based on personal experiences rather than relying on objective data and evidence reflecting the system as a whole.’” (The News & Observer, 3/17/11) In 2012 “hundreds of parents...complained about problems with buses not showing up on time, or not at all,” and “at the same time, the district...[was] implementing a controversial...school choice plan.” Chris Malone said, “‘maybe we made some errors.’” In 2012 “hundreds of parents...complained about problems with buses not showing up on time, or not at all, as the district deals with budget cuts. At the same time, the district...[was] implementing a controversial...school choice plan that...[was] criticized by some Democrats. ‘Maybe we made some errors. This happens sometimes. It’s not a good thing. It has to be resolved,’ Malone said.” (NBC –17 WNCN, 09/23/12) Chris Malone has a history of supporting discriminatory policies as a state legislator. In a Civitas candidate survey, Malone indicated his opposition to same-sex marriage laws. Malone indicated that he “agrees” with the following statement: “Marriage between one man and one woman should be the only domestic legal union that is valid in North Carolina.” (Civitas, 2012) Malone thinks the state should make it harder to vote. Malone indicated that he “agrees” with the following statement: “The North Carolina legislature should repeal Same-Day Registration.” (Civitas, 2012) Malone defended the disastrous HB2 In a response to the editor of the Wake Forest Gazette, Malone called the anti-discrimination ordinance “stupid and ridiculous.” In March 2016 the Wake Forest Gazette “editor sent a short email to state Representative Chris Malone: ‘The apparent rush to overturn the Charlotte anti-discrimination ordinance is a very bad idea. Transgender people have been using bathrooms that fit their preference –and their appearance –for years without problems. Overturning the Charlotte ordinance would just be another way for the GA to interfere with local affairs –which Republicans are supposed to oppose.’ This was Malone’s response: ‘Good point! So why did Charlotte collude with a convicted child molester to write the ordinance? If all is fine then nothing was needed right? I’m getting calls from top Dems from around the state. They are afraid of big slap down by the GA after over reach by an ‘idiotic’ city council.

Dems are furious with them. When I heard a child molester was about to be a leader in opened up bathrooms I prayed Charlotte wouldn’t do it. I knew once most people realized their right to privacy and desire for security were less important than Charlotte making a political point with thatparticular ally by their side on this ridiculous issue that all hell would break lose. Now we got people in some precincts around the state wanting to use a hammer instead of the scalpel I prefer to send a message that they aren’t going to take being treated badly anymore. Sound familiar? Goes to another issue. No prudence. No consideration. The whole thing is stupid and ridiculous.” (Wake Forest Gazette, 03/23/16) Malone opposed expanding Medicaid and supported defunding Planned Parenthood. In a statement to the Eastern Wake News, Malone said that he would “absolutely not” support Medicaid expansion in North Carolina. “Under the Affordable Care Act, states...have the option of expanding the list of North Carolinians who qualify for Medicaid…Malone, a Wake Forest Republican, says the state can’t afford to write any more checks. ‘Absolutely not...I think the state should say no (to expansion),’he said.” (Eastern Wake News, 10/23/12) In early 2013, Malone sponsored H16, entitled “No N.C. Exchange/No Medicaid Expansion.” “An act (1) to clarify the state's intent not to operate a state-run or "partnership" health benefit exchange, (2) to provide that future Medicaid eligibility determinations will be made by the state rather than the federally facilitated exchange, and (3) to reject the affordable care act's optional Medicaid expansion.” (Bill text, HB 16). Malone indicated that he “disagrees” with the following statement: “The state should continue to fund Planned Parenthood.” (Civitas, 2012)