Editorial: Legislators need to focus on their jobs, not encroach on governor's duties

CBC Editorial: Saturday, July 15 2023; editorial #8858

The following is the opinion of Capitol Broadcasting Company

When it comes to taking care of the business of North Carolina government, the two top leaders of the General Assembly behave as if ALL power rests with them. The state Constitution’s strict admonition that “the legislative, executive, and supreme judicial powers of the State government shall be forever separate and distinct from each other” is no more than a decorative sentiment.

Let’s start with some basics:

In the last election state Sen. Phil Berger, R-Rockingham, received 54,717 votes to get re-elected in his very heavily Republican-leaning district. He was elected to be a one of 50 members of the state Senate in the legislative branch of North Carolina government.

In that same election House Speaker Tim Moore, R-Cleveland, received 23,333 votes to get re-elected in his heavily Republican-leaning district. He was elected to be one of 120 members of the state House of Representatives in the legislative branch of government.

It is the duty of the legislative branch of government to enact state and local laws and also to set rules and regulations governing the operations of state government and the conduct of the people.

In 2020, when Gov. Roy Cooper won re-election he received 2.8 million votes statewide where voters are nearly evenly split among Democrats, Republicans and those who are unaffiliated or registered in fringe political parties. The governor is the chief elected official and leads the executive branch of government.

The governor is the state’s chief executive officer – CEO – charged in the state Constitution to faithfully carry out the laws of the state – including making appointments set out by law of those who will work with him to fulfill his duties.

Simply put, the legislative branch passes laws, the governor and executive branch see that those laws are carried out and the judicial branch determines whether the actions of the other two branches are in accord with the state Constitution.

But Berger and Moore, regardless of the state Constitution, see the governor as little more than a figurehead. Berger and Moore can make the appointments generally ascribed to the executive branch of government.

Although repeated efforts by Berger and Moore to assume the duties and responsibilities of the governor have been met with rejection by the courts, that hasn’t thwarted them.

They’ve grabbed gubernatorial appointments to University of North Carolina campus trustees away and are moving to take away appointments to community college boards.

If Berger and Moore haven’t usurped the governor’s appointment power, they’ve just ignored it.

For example, it is the governor’s duty to appoint most members of the state Board of Education who then are to be confirmed by the General Assembly.

Cooper has made 10 nominations to the board since 2019. While action was taken on three who were confirmed, nothing has been done on the remaining nominations and they are still pending.

The governor has nominated, for reappointment, two members of the state Utilities Commission. There’s been no legislative action on those, while the renomination of the commission chair was confirmed in May.

The terms of every member of the state Board of Agriculture have expired – some nearly three years ago – yet there’s been no action on any of Cooper’s nominees.

And in a situation that smacks of partisan political maneuvering, legislators have refused to act on replacing State Bureau of Investigation Director Robert Schurmeier -- appointed by former Republican Gov. Pat McCrory in the closing months of his term. Cooper has nominated R.E. ”Chip” Hawley. The legislature’s refused to act.

Schurmeier hasn’t stepped aside amid mismanagement accusations – including complaints pending before the Equal Employment Opportunity Commission – of multiple instances of race and gender discrimination.” The law keeps him in the job until he’s officially replaced. https://www.wral.com/story/fight-intensifies-over-nc-sbi-control/20840159/

From 1969 to 2014, the SBI was housed in the state Department of Justice led by the state attorney general. In 2014 the legislature – controlled by Republicans – moved the SBI into the state Department of Public Safety. The SBI director became a gubernatorial appointment (Republican Pat McCrory) with required legislative confirmation.

Now, Republican legislative leaders Berger and Moore are looking to move the SBI again – into its own cabinet level slot. Not only would the legislature have the authority to confirm the SBI director’s appointment – but there’s a proposal that, with a three-fifth’s vote, the legislature could remove the director. That just happens to match the legislature’s current partisan super majorities.

More than 2.8 million voters statewide elected Roy Cooper to be North Carolina’s chief executive – to run the government and see to it that laws and policies are enforced.

Barely 78,000 voters, in highly partisan legislative districts, cast ballots for Phil Berger and Tim Moore to enact laws and policies.

It is time that Berger and Moore realized their leadership has become a liability to the state’s future – and it is being noticed. Just this week it was highlighted even as CNBC recognized North Carolina’s economic prowess. The state’s ”growing” political divisions – largely initiated by Berger and Moore’s leadership –"threaten its rankings in education and quality of life.”

Rather than unnecessarily and carelessly encroaching on the duties and responsibility of the governor while pursuing an unnecessary and divisive culture war agenda, Berger and Moore would be better to focus on doing their job as legislators. They need to be working to give all kids access to a quality education, provide access to health care for all who need it and improve the overall quality of life in the state.

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