Archives

Commentary

The national embarrassments just keep on a comin’ for North Carolina.  Political writer Olivia Nuzzi of the national website The Daily Beast is the latest to make light of how far things have sunk in the Old North State with this column entitled: “North Carolina Lobbyists Can Officially Screw Politicians Legally.”

As Nuzzi explains:

Yes, what could go wrong?

Joal H. Broun, the secretary of state’s lobbying compliance director, sent a letter to the commission on December 15 inquiring whether, um, intimacy between lobbyists and the people they are lobbying violates ethics laws. On Friday, the commission released its answer: The passionate and unwise may carry on!

The opinion, which is almost romantic if you can get past the legal jargon, essentially says that your body is a temple and sharing it with anyone else is a priceless gift—emphasis on priceless: Sex has no value, according to the commission, and so it doesn’t need to be disclosed.

“Consensual sexual relationships do not have monetary value and therefore are not reportable as gifts or ‘reportable expenditures made for lobbying’ for purposes of the lobbying law’s expenditure reporting provisions,” the commission says.

It’s difficult to read that without squinting skeptically, but consider how difficult it would be to disclose a sexual relationship as a gift. Would different acts carry different weight? Isn’t that really subjective? Things would get complicated quickly….

Click here to read the entire article.

News

Just released…

Progress NC Action files formal ethics complaint against Gov. Pat McCrory
Gov. McCrory has shown a clear pattern of deceptive omissions of income, stock ownership and even simple membership and affiliation with private corporate interests. With these omissions, McCrory has hidden clear conflicts of interest from the public. The State Ethics Commission should investigate.

RALEIGH – Progress North Carolina Action today filed a formal ethics complaint with the State Ethics Commission against Gov. Pat McCrory, detailing the governor’s clear pattern of deceptive omissions of income, stock ownership, and conflicts of interest between his private financial ties and his public duties as governor.

As numerous press reports have shown, Gov. McCrory has omitted key financial information from his Statements of Economic Interest in several places:

1. McCrory initially failed to accurately disclose ownership of more than $10,000 in Duke Energy Stock on his 2008 and 2014 Statement of Economic Interest (SEI).
2. McCrory failed to disclose more than $185,000 of income from dividends and director fees from Tree.com on his 2014 SEI.
3. McCrory failed to even disclose membership on the board of directors of Tree.com on his 2013 SEI. Tree.com’s mortgage business is regulated by the state.

The 50-page ethics complaint also details other clear discrepancies between public documents of other private firms and McCrory’s ethics disclosure forms. Read More

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
Uncategorized

(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

Uncategorized

Pat McCrory 2There 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.