SBI director staying on, despite expiring term, as power struggle simmers
State Bureau of Investigation Director Bob Schurmeier will stay in that job indefinitely, despite his appointment expiring today, he told bureau employees this week.
There’s a power struggle over the job between the General Assembly’s Republican majority and Democratic Gov. Roy Cooper, who has named a replacement for Schurmeier but can’t install him without General Assembly confirmation votes.
So far Republican leaders haven’t scheduled hearings for that confirmation process, and state law says officials continue in their jobs “until their successors are elected or appointed, and duly qualified.”
There was some back and forth about this in recent days. Schurmeier said in an email to SBI employees Thursday that Democratic Attorney General Josh Stein’s office verbally agreed that he stays in place “until a nominee is formally confirmed by the General Assembly or other appropriate legislative action is taken.” WRAL obtained a copy of that email.
Stein’s office wouldn’t confirm the conversation, saying it would violate attorney client privilege. A spokesman for the governor said “the statute is clear” and that it was unusual for Schurmeier and legislative Republicans to “work to such lengths to allow him to stay on beyond his appointed term.”
The SBI is an independent agency, but the governor appoints the director to six-year terms with confirmation required in the House and Senate. Schurmeier was appointed by Cooper’s predecessor, Republican Gov. Pay McCrory, to a term that ends today.
Republican House members have been holding hearings because Schurmeier says the Cooper administration pressured him to resign early. Administration officials have said they were only reacting to concerns from current and former SBI agents over a lack of racial diversity at the SBI and Schurmeier’s promotion decisions.
Schurmeier has denied wrongdoing. State code empowers the governor to fire SBI directors, but only in limited cases, like when the director commits malfeasance or a judge rules them incompetent.
It’s not clear what happens next. Speaker of the House Tim Moore’s office said Friday that House Republicans want to hold more hearings and won’t move forward until that inquiry is complete.
Cooper’s choice for the job, State Capitol Police Chief Roger “Chip” Hawley, said he’s been trying to meet with lawmakers individually, but he hasn’t been told when to expect confirmation hearings.
There is some talk among lawmakers of voting to extend Shurmeier’s term as director instead of considering Cooper’s choice. Senate Republican Leader Phil Berger confirmed that last month.
Schurmeier told WRAL News Friday that he has no idea what to expect next.
“I don’t think [lawmakers] know,” he said.
“I’m committed to serving the bureau, to keeping us going forward until such time as the legislature acts,” he said.
