There was some confusion this week as to who was ultimately responsible for the appointment of Pope-Civitas Institute executive director Francis De Luca to the state Ethics Commission. De Luca’s own press release said the appointment was made by the Governor on the recommendation of Senate President Pro Tem Phil Berger. At first blush, this statement seemed to conflict with the terms of the Ethics Act itself, which gives the Governor four appointments (all of which are already filled) and the General Assembly four (two each to the House Speaker and Senate President Pro Tem).
The answer appears to lie in the fact that the General Assembly is not currently in session and therefore could not, technically, make a new appointment. In such circumstances, the Ethics Act references another state statute (G.S. 120-122) which vests the authority in the Governor to make the appointment upon the recommendation of the relevant legislative officer.
The bottom line: Things are even more depressing than they originally appeared. The head of a political attack group that produces malicious attack ads is now a member of the Board of the State Ethics Commission and both the Governor and the leader of the state Senate had a hand in making it happen.