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In case you are wondering if the animosity between Governor Pat McCrory and Senate leaders has lessened since the legislative session adjourned, the answer seems to be no, judging by comments at this weekend’s apple festival in Hendersonville.MC_AP

McCrory rode in the King Apple Parade Monday and told the Times-News that he was still upset about the new coal ash commission created by the General Assembly and believes it is unconstitutional. McCrory said his lawyers are still reviewing the coal ash legislation that includes the commission.

That prompted powerful Senate Rules Chair Tom Apodaca, who represents Hendersonville and was also in the parade, to respond with this about McCrory’s legal team.

His attorney is probably a great attorney for real estate closings, but I don’t think he pays a lot of attention to the constitutional picture.

Ouch.

It’s not clear from McCrory’s comments if he still plans to sign the coal ash bill. It is clear that his relationship with Senate leaders is still strained.

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McCrory budgetIn case you missed it over the weekend, Gov. Pat McCrory told an interviewer that he plans to sign the coal ash clean-up bill even though he believes that part of it is unconstitutional. This is from a story on WRAL.com:

McCrory said the bill’s creation of an independent coal ash oversight commission, appointed by House and Senate leaders and the governor, blurs the separation of powers of different branches of the government – just one example, he added, among several such proposals lawmakers advanced this year.

“I’m going to have to fight them from a constitutional standpoint, including even the coal ash commission,” he told Campbell. “I think this concept of creating commissions that are appointed by the legislature – or a majority by the legislature – is unconstitutional, regardless of the subject. Because that means the legislature is doing the operations of state government, which is not their responsibility. I think there’s a constitutional issue there.

How such a position squares with the Governor’s sworn duty to support the Constitution is hard to figure. Of course, when you’re listening to the rather unique policy observations of North Carolina’s current chief executive, you always have to take things with a grain of salt. In the same interview, the Guv expressed his approval for the General Assembly’s rejection of another bill during the waning hours of session last week because it contained multiple, unrelated topics. Again, this is from the WRAL story:

“There were parts of the bill that had no relevance to the other part of the bill, and that’s not the way you should do legislation,” he said.

Uh, Governor, we hate to tell you this, but you’ve already signed dozens of bill that do exactly the same thing — most notably, the infamous SB 353 from just last year. You remember that one. It dealt with those two closely-related topics: abortion clinic regulations and motorcycle safety.
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Coal ash clean upThis morning’s Weekly Briefing tries to bring readers up to date on the sad state of North Carolina’s coal ash debate and the surprising — and potentially tragic — lack of action by state leaders to confront Duke Energy and protect the public’s well-being.

One important side story to the coal ash crisis that it does not get into, however, is the increasingly absurd saga of Gov. McCrory’s failure to report his Duke Energy holdings on required state ethics forms. Fortunately, Sunday’s Charlotte Observer editorial page took care of that issue pretty comprehensively:

“We’re not sure which is most upsetting:

• That Gov. Pat McCrory owned a substantial amount of Duke Energy stock for his first 15 months in office, including for two months after Duke’s massive coal ash spill, even though that posed an obvious conflict of interest as the utility lobbied the administration hard on all kinds of matters.

• That McCrory filed an inaccurate report with the State Ethics Commission, saying he didn’t own any Duke stock as of Dec. 31, 2013, when in fact he did. Doing so reveals either a desire to mislead or gross incompetence by him and his general counsel.

• That McCrory still doesn’t get it. The governor maintains “we haven’t broken any rules” when that is indisputably untrue. He says he is “amazed” at the questions surrounding his mistake, fully unable to comprehend that it’s a matter most North Carolinians consider newsworthy.”

Read the rest of the editorial by clicking here.

Read more here: http://www.charlotteobserver.com/2014/08/16/5109117/mccrorys-mishandling-of-his-duke.html#.U_IW-8VdVAI#storylink=cpy
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(UPDATED – see the bottom of the post) Here’s a fascinating and disturbing, if not terribly surprising, sidebar to the story that has erupted in recent days around Governor McCrory’s failure to disclose his Duke Energy holdings: one of McCrory’s own appointees (Note: see the update below) to the State Ethics Commission (the group that would likely review the Governor’s behavior in the matter) appears to have made an ethically questionable public statement about the matter.

The Commission member in question is Francis DeLuca, the head of the Pope-Civitas Institute and Civitas Action — its 501 (c)(4) affiliate. Here is a tweet that appeared earlier today on DeLuca’s Twitter account:

De Luca (2)

 

 

 

You got that? One of the seven members of the government panel charged with enforcing state ethics laws appears to have already formed an opinion on the matter and be willing to share it with the public. Read More

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Tillis_McCrory_Berger-400You know…the day that North Carolinians can finally say adieu to the 170 members of the 2013-14 General Assembly? As has almost always been the case with the current crop of state lawmakers, the signals are mixed and confusing.

News reports this morning indicate that even as legislative leaders  look for ways to append a badly needed fix onto the terribly flawed budget that was just passed a few days ago, they’re once again playing political games with each other and the citizenry.  If this is how things end — with a critical provision to help schools made contingent upon a new corporate giveaway scheme — it will be a fitting conclusion to a remarkably ineffective and discombobulated session.

As Charlotte Observer columnist Fannie Flono notes this morning:

Perhaps it’s only fitting that the N.C. legislature comes to the end of its long short session in a squabble over how and when to end it. It hasn’t mattered much that the Republicans are in charge of everything – the state House and Senate and the governor’s office. GOP infighting and House vs. Senate power plays – along with a little muscle-flexing or attempts at it by Gov. Pat McCrory and his staff – have been constant backdrops during the session that began May 14.

In the plaintive words of Rodney King, paraphrased: Can’t they all just get along? Or at least agree to close down the shop and get out of town? And save us taxpayers the $50,000 a day it typically costs for them to be in session?

Of course, there’s a very good chance this will not be THE day. Having apparently failed to fashion a coal ash clean up plan in the more than six months that have passed since the Dan River disaster, the General Assembly may return yet again after the fall election for a rare “lame duck” session. If that happens, at least a couple of things appear to be certain:

1) It won’t be the first time the adjective “lame” will be used in the same sentence with the 2013-14 legislature and  2) Coal ash will be far from the only mess that will be left behind for future General Assemblies to clean up.

/www.charlotteobserver.com/2014/08/14/5106886/legislative-session-was-a-squabble.html#.U-3lMKMf6So#storylink=cpy