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McC709It was just a few years ago that opponents of then-Senator and presidential candidate Barack Obama were howling at the notion that he had voted “present” on multiple occasions while a state legislator in Illinois (something that’s permitted for lawmakers in the Land of Lincoln but not  in most states — North Carolina included).

The gist of the not-unfounded criticism at the time was that a “present” vote was and is a pretty gutless way out of taking a stance on sticky issues. If one goes to all the trouble of running for office and serving as an elected representative of the people, went/goes the reasoning, the least a lawmaker can do is to have the courage to make a decision when presented with a choice of whether something will be made law or not.

Such logic would seem to apply with even more force to a governor when it comes to approving or not approving a bill sent to him or her by a legislature. After all, it’s not like he or she is just one of a couple of hundred legislators whose vote may or may not even really matter. The constitution specifies that the decision to sign or veto a bill is his or hers alone. (It should probably also be noted that when a U.S. president fails to sign a bill while Congress is out of session, the effect is to veto the bill — the process is known as a “pocket veto.”)

This brings us, of course, to yesterday’s decision by Governor Pat McCrory to let the controversial — many would say “thoroughly inadequate” — coal ash “clean up” bill become law by simply not acting on it. Read More

Commentary

fuzzy-math-300x225In case you missed it, one of this morning’s “must reads” is a story posted late yesterday by WRAL reporter Mark Binker about the ongoing controversy over North Carolina’s muddled and troubled new teacher pay plan.  As Binker reports:

When Gov. Pat McCrory wrote to welcome teachers back to the classroom, he touted a “substantial” pay raise that amounted to “an average pay increase of 5.5 percent for teachers.”

That might have been exciting news, except that legislative leaders have been touting a 7 percent average pay raise for more than a month now. House Speaker Thom Tillis trumpets that 7 percent figures as “simple math” in a recent campaign ad for his U.S. Senate campaign.

For educators like Michelle Pettey, a first-grade teacher at Wake County’s Brier Creek Elementary School, that “simple math” doesn’t add up; 5.5 percent doesn’t equal 7 percent and neither number matches the smaller-than-expected pay bump that showed up in her first paycheck of the year.

“No teacher can figure out what happened,” said Pettey, a teacher with 16 years in the classroom who said her actual raise worked out to be something like 1.39 percent over last year’s salary. The single mom whose own kinds are in the school system says she has friends outside the profession who ask her why teachers are complaining about a 7 percent raise.

According to Binker’s story, the confusing new plan has even left one of the state’s most powerful politicians — Senate Rules Committee chairman Tom Apodaca — confused.

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Commentary

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.

Uncategorized

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.
Uncategorized

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