Under the Dome blog

Quick Hits

bniolet — Fri, 03 Jul 2009 13:00:00 -0400

* The SBI says that 11 witnesses watched guards at a Greene County prison beat a shackled and helpless inmate. Three guards have been charged with felony assault.

* A bill meant to reform annexation now includes a provision to allow a vote of affected residents. The current proposal leaves all sides of the contentious debate unhappy.

* Officials are keeping quiet, but the signs are pointing to the Catawba County town of Maiden as the site of Apple's new $1 billion data center.

State agencies fail transparency test

bkrueger — Fri, 03 Jul 2009 10:37:35 -0400

Most state agencies fall far short in providing taxpayers with access to information about their work, according to a new survey of transparency in government.

The John Locke Foundation this week unveiled nctranparency.com, an ongoing look at how state and local agencies in terms of making information available to the public.

Most of the 22 state agencies that were graded on the site were given a "D" or an "F". The state Department of Public Instruction earned the highest grade - a "C."

The foundation graded agencies on information that they make readily available online. Joseph Coletti, a fiscal analyst for the foundation, said in a release that grades were weighted to "reflect access to the most important information." Budget information, for example, was given greater weight.

DPI earned the highest grade among state agencies by making available its budget, contracts, the salaries of employees by job code, the salaries of top employees, and other information.

The Office of State Auditor, the state community college system, the Office of the State Controller and others received an "F" because they do not make much of that and other information available online, according to the site.

Shaheen to head Powerball group

bniolet — Fri, 03 Jul 2009 10:30:00 -0400

North Carolina lottery director Tom Shaheen has been elected president of the multi-state association that runs the Powerball.

The Multi-State Lottery Association includes 32 lotteries. Shaheen will continue to run the North Carolina lottery. The multi state association establishes policies, oversees financial matters and approves new lotteries for membership.

Dome checked and is sure that Shaheen can't help anyone get an inside line on Powerball numbers.

Before coming to North Carolina, Shaheen was the chief executive officer for the New Mexico Lottery Authority for over five years, and prior to that he was the executive vice president of operations and administration for the Georgia Lottery Corporation.

Not even John Edwards

bkrueger — Fri, 03 Jul 2009 10:16:26 -0400

Carter Wrenn says South Carolina Gov. Mark Sanford easily tops any politician in North Carolina for sheer moxie.

Even John Edwards.

Wrenn, a longtime Republican political consultant, writes on his Talking About Politics blog that Sanford should get this year's Academy Award for political scandals. He recounts the whole sordid tale of the South Carolina governor's trip to Argentina to see his mistress - and Sanford's claim that it has not prevented him from doing his job, and doing it well.

"There's not a politician in sight in North Carolina who can match that," Wrenn writes. "Not even John Edwards."

Webster acquited quickly

bniolet — Fri, 03 Jul 2009 10:03:08 -0400

A Caswell County jury took a little less than an hour to find former Sen. Hugh Webster not guilty of embezzlement and exploitation of an elder adult Thursday afternoon.

Webster, 65, a certified public accountant of Burlington, has been on trial since Monday on charges that he embezzled and exploited his 83-year-old aunt, Doris Nance, out of $12,115.49, The Burlington Times News reports.

"I am glad this chapter of my life is over," a teary-eyed Webster said. But, he added, "You never recover from this. The bell rang. It can't be unrang."

The state contended the money was meant to be invested on behalf of Nance, since Webster had power of attorney. Webster contended that the money was a gift.

Webster testified Wednesday that Nance was trying to get rid of assets because she was trying to qualify herself and her ex-husband, Robert Nance, for Medicaid.

The defense rested Wednesday shortly after noon but not before calling to the witness stand Fern Shubert, who like Webster is a certified public account and former state senator. Shubert testified about what some of the financial records in the case showed.

Looking for support

bkrueger — Fri, 03 Jul 2009 09:58:48 -0400

An effort this week to help drum up interest in a bill to support past victims of forced sterilization in the state had an unfortunate opening line.

“Good Morning Eugenics Supporters,” read the e-mail sent from Rep. Larry Womble’s office.

Womble, a Winston-Salem Democrat, has been a longtime supporter of reparations for the more than 7,600 estimated people who were sterilized in the state’s former eugenics program. He also is a key sponsor of a bill calling for, among other things, the development of counseling services for eugenics victims, reports April Bethea of The Charlotte Observer.

That bill will be heard Tuesday by the House Education committee. The e-mail urged recipients to attend the meeting to show their support.

Tiffany Jones, an intern in Womble’s office who sent the e-mail, said the message was meant to notify bill supporters and the media that it was on the calendar.

She said the opening line hadn’t drawn any complaints, but noted “it wasn’t intended to offend anyone.”

Dome Memo: Home movies, late budgets

bniolet — Fri, 03 Jul 2009 08:51:07 -0400

OF COURSE THERE'S VIDEO: The least surprising thing that Andrew Young, former close aide to John Edwards, had to say in his book proposal: there's a sex tape. A year ago, that news might have been shocking. But a sex tape now fits comfortably along the downward trajectory Edwards' public image has been following since he begrudgingly acknowledged an extra-marital affair. Of course, we don't think Young visited the federal courthouse this week to talk about film.

BERGER UNLEASHED: Senate minority Leader Phil Berger ran wide open this week. He blasted North Carolina Democrats at home in the usual outlets, and then let 'em have it in the Wall Street Journal. We're not sure, but we think Berger wants people to know he's unhappy with the majority party.

THAT WAS CLOSE: The House and Senate agreed at the last minute to a bill to keep the state running while they wrangle over the budget. The House got its way and the temporary bill sets a two-week deadline for the chambers to agree. Gov. Beverly Perdue says to hurry up.

IN OTHER NEWS: House Republicans don't like the way Democrats name important bills. No charges will be filed in a case where a Blue Cross and Blue Shield lobbyist was accused of attempted bribery. Former auditor Les Merritt has launched a foundation to expose public corruption. The Republican Party is gearing up to go after freshman Democrat U.S. Rep. Larry Kissell in 2010. And the recession has prompted a drop in the prices of premium liquor, so at least there's some good news.

Patrol head wasn't ready to retire

bniolet — Fri, 03 Jul 2009 08:46:24 -0400

The official story is State Highway Patrol Commander Walter J. Wilson Jr. decided to retire after a year on the job to spend more time with his family. That created the need for a successor, and Gov. Beverly Perdue appointed a lieutenant colonel, Randy Glover, to the post this week.

But Wilson's brother-in-law said in an interview that story is not true. Wilson was forced out, Michael Madras said, because Perdue had someone else in mind for the state's top cop.

Madras said he learned this from Wilson himself minutes after Wilson attended a meeting with Reuben Young, whom Perdue appointed to run the Department of Crime Control and Public Safety. Young told Wilson at that meeting June 22, just after Wilson returned from Disney World in Orlando with his family, that he needed to step down.

"He went on vacation and came back, and his boss says, the governor wants you gone," Madras said.

Wilson works at the patrol's headquarters, but he lives in Greenville, so during the workweek he often stays at the home of Madras and his wife, Penny, Wilson's sister. They live in Raleigh.

The alternative version of events leading to Glover's promotion raises questions that Perdue, Young, Wilson and Glover would not discuss. All declined through spokesmen to be interviewed.

Chrissy Pearson, Perdue's press secretary, would not say whether Perdue wanted Wilson out. Pearson also declined to say whether Perdue had sought to promote Glover into the job. (N&O)

Democrats seek help for Obama agenda

bkrueger — Thu, 02 Jul 2009 17:00:42 -0400

The Democrats want your help in promoting President Barack Obama's agenda.

Organizing for America, a project of the Democratic National Committee, will be visiting Durham and Asheville next week as part of a "listening tour" in North Carolina. The stated purpose is for people attending "to offer ideas on how OFA should organize in their community to support President Obama's priorities."

OFA is scheduled to be at St. Joseph's AME Church in Durham at 7 p.m. on Tuesday, and at the Mountain Java Coffee Shop in Asheville at 7 p.m. on Thursday.

The group says it plans to make visits to several other North Carolina cities, including Raleigh and Chapel Hill.

GOP leaders: Perdue SHOULD care

markjohnson — Thu, 02 Jul 2009 15:09:52 -0400

Republican legislative leaders criticized Democratic Gov. Beverly Perdue today for earlier saying she didn't care which legislative tax plan was used to balance the budget.

The GOP grief may have been a factor in Perdue's efforts today to clarify her comments.

Senate Republican Leader Phil Berger, of Eden, and House Republican Leader Paul Stam, of Apex, accused Perdue of failing to provide leadership.

"Governor Perdue needs to start caring," Berger said in a prepared statement. "It is the Governor’s job to care about policies and to care about people. If the Governor is going to propose $1.5 billion in job-destroying tax increases, she needs to care about what their effects will be on North Carolina families and businesses."

The GOP leaders also said Perdue was resorting to raising taxes as the only way to close the gap between revenue and spending.

Starshining again

markjohnson — Thu, 02 Jul 2009 14:54:05 -0400

Legislators consumed with gloomy financial news took a few moments to recognize the North Carolina pop singer from the '60s famous for "Good Morning Starshine."

Lawmakers honored William Oliver Swofford, known as Oliver and namesake of the first annual "Oliverfest" in his native Wilkes County two weeks ago. Swofford's hit from the summer of 1969 was part of the rock musical "Hair," and his other big hit, "Jean," was included on the soundtrack for the Oscar-winning film "The Prime of Miss Jean Brodie." He appeared on the Ed Sullivan show and other venues, but his music career faded.

Swofford attended UNC Chapel Hill, and his brother, John, later became athletic director for the school and now is ACC commissioner. and his contemporaries who are now senators recalled the summer of "Good Morning Starshine": "A time when rockin' and rollin' was really something," said Sen. Tony Rand, a Fayetteville Democrat.

He turned to business ventures and died on Feb. 12, 2000, the same day that Charles M. Schulz, Tom Landry and Screamin' Jay Hawkins died.

Hagan to spend holiday with Marines

bkrueger — Thu, 02 Jul 2009 14:39:45 -0400

U.S. Sen. Kay Hagan is going to celebrate the Fourth of July at Camp Lejeune.

Hagan, who serves on the Senate Armed Services Committee, will join Marines at the base for holiday festivities Saturday evening.

A release from Hagan's office notes that her father-in-law is a retired two-star Marine general.

Perdue does care

markjohnson — Thu, 02 Jul 2009 14:02:27 -0400

Gov. Beverly Perdue does have preferences about what kinds of taxes are raised to balance the state budget.

Perdue's press secretary, Chrissy Pearson, asked today to clarify Perdue's comments from Wednesday when she told a gaggle of reporters that she wanted the legislature to promptly finish the budget because the state was missing millions of dollars in new cuts and tax increases each day it lacked a budget.

The House plan raises the sales tax rate, adds the sales tax to some services and raises the income tax on high income taxpayers. The Senate plan reduces sales, income and corporate tax rates but adds the sales tax to a variety of services, taxes electricity and taxes Social Security income for those making more than $250,000.

"I don't care which plan it is," Perdue said Tuesday of the competing proposals. She went on to mention the sales tax and income tax on higher income earners in the state.

Pearson clarified on Thursday: "It's not so much that she does not care which taxes. She supports the idea of sales, high income, (sales tax on) services and, of course, she originally proposed the sin taxes (on tobacco and alcohol). She understands that there could be a combination of solutions from the two chambers that could get us where we need to be."

Ticket scalping may resume

markjohnson — Thu, 02 Jul 2009 13:38:09 -0400

Online sellers likely will be able to continue scalping concert and sporting event tickets legally again, thanks to a bill the Senate passed Thursday.

The bill, which already passed the House, now goes to Gov. Beverly Perdue. It essentially resuscitates a law passed last year by removing a June 30 expiration on that law.

Supporters last year said the law protects fans from buying fake tickets because it requires vendors to offer refunds for counterfeit tickets or late delivery. Opponents argues that legalized scalping in any form allows resellers to hoard tickets and price ordinary fans -- taxpayers -- out of the best seats at the most popular events.

The Hurricanes, Panthers, Bobcats and Lowe's Motor Speedway supported the law last year, and individual promoters can opt out and prohibit the scalping.

Berger gets on Wall Street

bniolet — Thu, 02 Jul 2009 11:11:31 -0400

Senate minority leader Phil Berger had a letter published in the Wall Street Journal in which he blasted proposals to levy sales tax on Internet sales.

The Eden Republican said Amazon.com's decision to end a commission program for referrals to its online products proves that his party is right about new taxes.

Actions have consequences. Amazon.com's decision to pull out of our state proves the point North Carolina Republicans have been making for months: Raising taxes on small businesses destroys North Carolina's jobs, slows our economic recovery, and makes us uncompetitive with other states.
Like their brethren who control the federal government, North Carolina Democrats have an unquenchable thirst for wasteful spending. Unlike their colleagues at the federal level, North Carolina Democrats, lacking the ability to print money, have resorted to a job-destroying billion-dollar tax increase to balance the budget.

Webster: Trial an 'abomination'

bniolet — Thu, 02 Jul 2009 10:16:13 -0400

Calling his trial an "abomination," former state Sen. Hugh Webster took the stand Wednesday in Caswell County Superior Court and denied the allegations that he violated the trust of his elderly aunt and embezzled $12,000 from her.

Webster, 65, contends the check from his 83-year-old aunt was a gift, the Burlington Times-News reports.

The state has contended that the aunt gave Webster the money with the understanding that he was going to invest it for her by buying a CD at a credit union and that he did not give it back when she asked for it.

On the witness stand, Webster was asked whether he told an SBI agent that if he needed to steal it would be more than $12,000. Webster said, "I've had the opportunity to steal millions of dollars and I never stole a dime."

The Burlington Republican added, "What's happening here, right now, is an abomination."

Earlier in the day, while Webster's attorney Kieran Shanahan was arguing a motion to Superior Court Judge Donald Stephens, Webster walked out of court.

"I hope your client had some reason to leave the courtroom without the permission of the court," Stephens said calmly.

A minute later, Webster returned and sat down without saying a word.

The case continues today.

Overstock follows Amazon's tax move

bniolet — Thu, 02 Jul 2009 09:45:00 -0400

Online retailer Overstock.com has followed Amazon.com's decision to cut off a commission program to North Carolina-based Web sites.

The move would allow the companies to avoid having to collect sales tax on sales to customers in the state. Under the commission programs, the .coms pay a percentage to Web sites that steer buyers to the online product.

The proposal would use the commission arrangement to justify levying sales tax on Internet purchases. Current state law already requires North Carolinians to pay such a tax, but taxpayers have to report themselves. Few do.

The tax proposal would treat online retailers as if they operated a brick-and-mortar store in the state.

Overstock has also cancelled its affiliate programs in Hawaii and Rhode Island, which are considering similar programs. It reinstated the program in California after Gov. Arnold Schwarzenegger vetoed a similar proposal.

"It's painful to have to terminate these relationships with affiliates, simply because they live in states where counterproductive (and likely unconstitutional) laws are being passed," said Patrick Byrne, Chairman and Chief Executive Officer of Overstock.com in a news release. "However, politicians have to remember that a tax is a price that government charges for a service, and when they raise their prices, we're going to buy less of their services."

The commissions can prove lucrative for Web site owners, some of whom live off the money.

Lawmakers who support the proposal say it's only fair to require online retailers who makes sales in the state to collect sales tax.

Hat tip: Dzone

Edwards aide visits courthouse

bniolet — Thu, 02 Jul 2009 07:21:02 -0400

A former aide to John Edwards who claimed he fathered a child born to the mistress of the two-time Democratic presidential candidate spent Wednesday in a federal courthouse.

About 8:30 a.m. Wednesday, with his lawyer at his side, Andrew Young walked into the building in Raleigh where a grand jury was meeting. Young simply smiled as he went by and declined to comment about the investigation into his former boss. His attorney, David Geneson, did not return repeated calls from the AP.

A few months before the crucial 2008 presidential caucuses in Iowa, Young publicly declared that he was the father of Rielle Hunter's baby. Edwards placed second to Sen. Barack Obama, who went on to win the presidency. Edwards later admitted having an affair with Hunter that he says ended in 2006. (AP)

Perdue admonishes lawmakers: hustle

markjohnson — Wed, 01 Jul 2009 16:17:44 -0400

Gov. Beverly Perdue sternly urged the legislature to agree on a budget, saying the state is missing out on $5 million a day in budget cuts and tax increases.

Lawmakers appear no closer to agreeing on a tax increase package, with the Senate today postponing about ten House bills that were on the Senate calendar. Senate leaders said it was so they could hurry back to budget talks, but some House members interpreted it as playing hardball. Democrats lead both chambers.

Perdue, talking to the news media outside the capitol, said she doesn't care what combination of budget cuts and tax increases the legislature settles on between the competing House and Senate plans.

"I need the General Assembly to step up and come to consensus," said Perdue, a Democrat, emphasizing that teachers and parents don't know where children are going to school in the fall because of budget uncertainty.

House Speaker Joe Hackney, a Chapel Hill Democrat, said he agrees with the need to finish as quickly as possible.

"We appreciate (Perdue's) participation and encouragement," Hackney said, "and welcome it."

UPDATE: Perdue's press secretary on Thursday clarified Perdue's comments.

Report likes state's public finance laws

kkiley — Wed, 01 Jul 2009 12:51:22 -0400

A national research organization has published a report saying North Carolina has one of the best models of taxpayer-financed campaigns in the country.

The report examines a 2002 law that allows for publicly financed campaigns for state appellate court and Supreme Court seats. Candidates qualify for the program by raising a set number of small contributions in the primary and are then given funds for the general election.

In 2008, 31 of the 41 candidates for these seats received money from the program.

"North Carolina's judicial public financing program goes a long way to reducing the potentially corrupting influence of private contributions in judicial elections," said Jessica Levinson, the center's director or political reform, in a press release.

The Center for Governmental Studies, a non-partisan research group, published the report. The center also has released reports on other public financing laws in other states, including Florida, New Jersey and Minnesota.

While the report says the N.C. law is strong, it makes suggestions on how to improve the it.

The report's suggestions after the jump.

NCSU not getting donations as Easley

markjohnson — Wed, 01 Jul 2009 08:08:01 -0400

N.C. State University administrators have gotten an earful from graduates over the Mary Easley controversy, creating a dicey situation for development officials who have scrambled to repair relationships and keep the money flowing.

Cash donations are running about the same as last year, about $74 million in the fiscal year that ended Tuesday. Donations to the annual fund, those $50 and $100 gifts, are up 15 percent from a year ago, said Nevin Kessler, NCSU's vice chancellor for university advancement.

But new commitments, gifts pledged but not yet actually paid, are down 22 percent from a year ago. Kessler thinks the decline is due more to the weak economy than the Easley situation.

Read the full story.

A capital voice to echo elsewhere

markjohnson — Wed, 01 Jul 2009 07:52:42 -0400

State capital news no longer will be delivered via the baritone of Matt Willoughby.

The veteran N.C. News Network reporter bade farewell to the press corps, legislators and lobbyists alike on Tuesday. There was even a cake, which was NOT paid for by any special interests.

Willoughby has covered the legislature full time for nearly a decade and reported on it and other Raleigh happenings for twice that long. He took a company buyout and is headed for ventures yet to be determined.

Radio listeners would recognize the deep intonation with which he delivered authoritative reports, while visitors to the Legislative Building would recognize him as the guy taking all those outdoor cigarette breaks, which helped make that voice possible!

Safe travels, Matt. You'll be missed.

New month, new fiscal year, new laws

markjohnson — Wed, 01 Jul 2009 07:37:42 -0400

Today marks not only the start of the new budget year but a variety of new state laws go into effect. Here's a sampling courtesy of the Associated Press:

-- State government takes over completely the Medicaid cost-sharing payments that counties paid for decades.

-- The state gasoline tax that was supposed to drop by 2 cents a gallon on Tuesday will remain the same.

-- A $675 million-plus bailout of the health insurance plan for teachers and state employees takes effect.

-- The state also expands property tax breaks for completely disabled veterans, the elderly and people with "working waterfront" property such as fisheries.

-- Active duty members of the military, including those who are home on leave, can hunt and fish without a license.

Beach Plan in time for the 4th?

markjohnson — Wed, 01 Jul 2009 07:20:28 -0400

A bill to alter a state-created insurance plan known as the Beach Plan has passed its first legislative hurdle in the state House.

The bill, which moves to the House Finance Committee after winning the endorsement of Insurance Committee members on Tuesday, calls for homeowners across the state to bail out the Beach Plan if a catastrophic storm along the coast generates more claims than the Beach Plan can afford to pay. The Beach Plan insures nearly 176,000 coastal properties valued at $73.6 billion.

Moving forward, what is contentious is the trigger point at which homeowners across the state would be assessed a surcharge of up to 10 percent of their annual homeowners insurance premiums.

Other controversial items in the bill are a reduction of the coverage limits of Beach Plan homeowners policies from $1.5 million to $750,000 and an increase in the premiums paid by Beach Plan customers.

Read the full story.

No pretenders

markjohnson — Wed, 01 Jul 2009 07:12:19 -0400

In 1971, John Lennon asked audiences to "Gimme Some Truth."

Almost four decades later, another performer -- Bowzer of Sha Na Na fame -- had a similar request for the legislature.

The Sha Na Na frontman, whose real name is Jon Bouman, has been leading a fight across the country to enact laws to prevent impostor groups from stealing the fame of established bands.

On Tuesday, North Carolina lawmakers gave Bouman his wish, passing the Truth in Music Advertising Act, which makes it a crime punishable by a fine of up to $15,000 for a group of musicians to falsely pass themselves off as an established band.

Read the full story.

Gimme the good stuff - for less

markjohnson — Wed, 01 Jul 2009 06:58:08 -0400

Consumers who are cooking in instead of dining out, buying generic, nursing the old car along and brewing their own coffee may soon be able to indulge themselves in one area. High-end liquor in North Carolina is about to get cheaper.

Starting Aug. 1, the cost of a half gallon of Grey Goose vodka will drop from $71.95 to $59.95. The cost of a fifth of Absolut vodka will drop from $21.95 to $19.95. And, for those who can afford it, a half gallon of Glenmorangie scotch is slated to sell for $89.95 instead of $99.95.

Why the price break?

Because the high-end booze has been taking a sales hit as consumers have increasingly turned to bargain-priced liquor. Distillers of the good stuff are chopping their prices to hang on to recession-weary customers.

Read the full story.

Tardy budgets, tasting beer

markjohnson — Wed, 01 Jul 2009 06:50:02 -0400

N.C. among the fiscally tardy five...Produce public records or pay...Just say no to underage working...beer and puppies.

Happy first day of the new fiscal year!

FUSS BUDGET - North Carolina is one of five states -- along with Arizona, California, Mississippi and Pennsylvania -- that did not have its budget written on time. (New York Times)

DOCUMENTATION OR LITIGATION - The House Finance Committee today takes up a bill that would require government entities to pay the legal fees of anyone who has to sue to obtain public records.

IPODS, NOT ASSEMBLY LINES - The Senate today will consider a bill that doubles penalties for violation of state child labor laws, now among the weakest in the nation, according to the National Consumers League.

WOOF! SLURP - The anti-puppy mill bill advances, as does legislation allowing beer tastings. As Homer Simpson would say: "Mmmmm. Beer."

Budget standoff: Senate blinks

markjohnson — Tue, 30 Jun 2009 16:54:39 -0400

They didn't even get close to the deadline.

Democratic Senate leaders agreed to a House demand to put a July 15 expiration on a temporary spending bill.

The bill allows state government to keep operating after the current fiscal year's budget ends at midnight. Under the temporary bill, agencies can keep spending at a level of 85 percent of the current year's budget. The stopgap authority was needed because the House and Senate are still working on a compromise budget for the next fiscal year.

Senate Democrats wanted no deadline on the temporary bill so that, if they don't have a new budget in two weeks, they don't have to stop negotiating to pass another temporary spending bill. House Democrats wanted a deadline to help force a deal -- a "drop dead" date, said Sen. Linda Garrou, a Winston-Salem Democrat and appropriations committee co-chair.

"I may just drop dead by that point," Garrou joked, "if we don't get something done."

What had appeared a potential standoff that could take the state to the brink of a government shutdown instead ended as a brief, debate-less vote -- 35 5o 13 -- to agree with the House.

Doug Berger ad

bniolet — Tue, 30 Jun 2009 16:10:50 -0400

Air war: Berger v. home care assoc.

markjohnson — Tue, 30 Jun 2009 16:08:31 -0400

State Sen. Doug Berger is in a war with the trade association for home care businesses that this week took to the air.

Berger supports cutting the budget for home health services, saying a lot of people who get the in-home care really don't need it, Lynn Bonner reports.

The Association for Home and Hospice Care of North Carolina has been battling back for weeks. The association started airing a television ad yesterday that says Berger, a Franklin County Democrat, voted for a $25 million fishing pier days after voting to cut home care for Medicaid patients.

Carter Wrenn, a consultant for the home care association, said it is focusing on Berger, one of the budget writers specializing in health and human services, because he is falsely claiming that 45 percent of the people getting in-home services don't need it.

Wrenn, a longtime Republican political consultant, said Berger incorrectly interpreted state audits to draw that conclusion.

Berger said legislators have to make sure taxpayers' money isn't wasted.

"It is a program out of control," Berger said. "We need to rein in this fraud and abuse."

Berger said he wasn't worried about being a target.

"I have more confidence in the voters that they won't be manipulated by this old-style politcs," he said.

Judge takes top post again

kkiley — Tue, 30 Jun 2009 15:53:37 -0400

Judge Julian Mann has been reappointed as chief judge of the state's Office of Administrative Hearings.

It will be Mann's sixth consecutive four-year term, and four different N.C. chief justices have appointed him to the position over that time period. He was the second person appointed to the post after the office opened in 1986, and he has been there ever since.

"He has a reputation across North Carolina, as well as across the country, for his knowledge of administrative law," said Fred Morrison, a senior administrative law judge who has worked with Mann for decades.

"I think people from both sides of the political spectrum see how well-versed he is in such law and the value he is to this office," he added.

The office works to resolve conflicts arising from administrative law, such as when a citizen objects to an agency's ruling.

Berger: Dems have been at the helm

markjohnson — Tue, 30 Jun 2009 15:52:42 -0400

Senate Republican Leader Phil Berger fires off the traditional Republican criticisms of the Democrats running the state as taxing too much, spending too much and holding office too long.

But he adds to that: messing up too much. Berger, who sat down with N&O editors Tuesday, rolled out his list of Democratic bumbling, such as a string of state officials, including a speaker of the House, sent to prison for corruption.

He highlights the state health plan's financial crisis that required a bailout, deaths and neglect in the mental health system, a probation system that lost track of parolees who went on to kill and what he sees as a history of budget mismanagement that has contributed to the state's current debacle.

"The Democrats have been given a pass on competence," Berger said. "They've not done a very good job over the past 10 or 12 years."

Berger acknowledged that, given that backdrop, Republicans fail to capitalize on those failings and win elections. He attributes that to a fundraising disparity, Democrats nominating solid candidates and national momentum behind Democrats in recent elections.

Faith groups targeting N.C. senators

kkiley — Tue, 30 Jun 2009 12:48:25 -0400

Faith-based organizations are targeting U.S. Sens. Kay Hagan and Richard Burr during the Fourth of July weekend.

A group of national religious organizations including Faithful America and the PICO National Network and are hoping to influence the senators to vote for more affordable family health care by airing radio commercials during Congress' Independance Day recess.

Joe Harvard, of the First Presbyterian Church in Durham, speaks on the commercial airing in North Carolina. "This is not who we are as a nation," Harvard says. "America can do better."

The group is also airing commercials in Arkansas, Colorado, Louisiana and Nebraska, targeting legislators in those states. They can be heard at the group's Web site.

Racial Justice Act clears committee

bkrueger — Tue, 30 Jun 2009 12:27:06 -0400

The Racial Justice Act, which would allow challenges to death sentences based on race, narrowly cleared a House committee this morning.

The act would require defendants to prove that race played a “significant factor” in a prosecutor’s decision to seek the death penalty, or in a jury vote to impose the sentence, reports April Bethea of The Charlotte Observer. It allows the use of statistics to show, among other things, that the death sentence was sought or imposed more frequently for persons of one race versus others.

Defendents can challenge the use of the death penalty either in a pre-trial conference or after conviction. Current death row inmates would have up to one year after the bill goes into effect to challenge their sentences.

A successful challenge would keep a prosecutor from seeking the death penalty, or would vacant a death sentence in exchange for life in prison without parole.

More after the jump.

Deeds fees don't help registers

bniolet — Tue, 30 Jun 2009 10:51:57 -0400

The legislature is considering a fee increase that would turn every elected Register of Deeds in the state into a sort of tax collector.

The current House budget proposal includes some $81 million in increased fees.

Increases would be levied on marriage and divorces. Fees for getting a license to run a charitable bingo game or referring a boxing match would go up. Convicted criminals would pay more for the forensic testing used to convict them.

In most cases, the new fees help pay for the program that is collecting them.
But registers of deeds would be collecting new fees that have nothing to do with their duties. The fee proposal would require the elected register of deeds in each county to collect and addtional $9 from those filing property transactions. The money would go to a state emergency management fund.

"I think everybody has gotten the idea that we see to be a logical place to try to collect money now," said Rebecca Cipriani, the Democratic Rockingham County register of deeds and the president of a state association for registers. "We are being asked to collect fees that have nothing to do with our offices and the services we provide."

In 2008 the legislature added a $10 increase to the same fee to pay for floodplain mapping. If the current proposal is adopted, the fee for the first page of deed of trust or mortgage documents would be $32.

More after the jump.

Merritt starts foundation to fight corruption

bniolet — Tue, 30 Jun 2009 10:00:55 -0400

Former state auditor Les Merritt has formed a nonprofit foundation dedicated to rooting out public corruption.

The Foundation for Ethics in Public Service opened its doors in May and exists to help expose corruption across the nation, Merritt said. Unlike his time as auditor, Merritt won't have the advantage of being able to order agencies to cooperate. He said the foundation will rely on the same tactics and methods used by investigative journalists — good tips and public records.

"We need more watchdogs you just can't get too many out there," Merritt said.

Merritt, a Republican, lost his seat last year to Democrat Beth Wood.

The foundation will rely on anonymous tips for many of its investigations. Others may come from journalists, who because of staff cuts, don't have the time to pursue stories in detail. The foundation can check things out and turn the information over to reporters, he said.

Frank Perry, a retired FBI agent and former investigations chief under Merritt will direct investigations for the foundation.

Merritt said the foundation has a funding pledge from the John William Pope Foundation, which is directed by conservative patron and former lawmaker Art Pope.

Merritt says that his organization will be nonpartisan. Merritt said he does not plan to run for auditor again.

"I honestly believe this can be more worthwhile," he said. "I don't ever plan on running agin. It's certainly not helping me get set up that way. This can be a whole lot more fun."

Hospital schools could disappear

markjohnson — Tue, 30 Jun 2009 08:04:18 -0400

Schools in the state's three psychiatric hospitals could be eliminated as officials consider making local school districts responsible for educating hospitalized children.

The change could have its biggest impact on children who are hospitalized for long stretches. Instead of taking classes at hospital schools that have their own teachers and schedules, students would rely more on their home districts to help them keep up with class work, Lynn Bonner reports.

A patient advocacy group is questioning whether a drawback in school services would violate federal law or state code.

Read the full story.

Dropout prevention details sought

markjohnson — Tue, 30 Jun 2009 07:32:45 -0400

Before the state awards more dropout grant money, a committee that decides who gets it will require more information from recipients on what students they want to participate in their programs and what results they expect.

The state Committee on Dropout Prevention is preparing to award its third round of grants to local schools, non-profits and other groups that want money for their programs, Lynn Bonner reports. About 30 percent of the state's ninth graders don't graduate on time, and legislators and school officials have made reducing the dropout rate a focus.

Legislators haven't finished writing the next state budget, but House and Senate negotiators have agreed to spend $12 million on dropout prevention grants next year, said Chris Minard of the state Department of Public Instruction. The legislature spent $7 million on dropout grants in 2007 and $15 million on the grants last year.

More after the jump.

Lending advocate joins Obama team

markjohnson — Tue, 30 Jun 2009 07:20:53 -0400

Eric Stein started out making loans to promote home ownership among poor people in this state. In the process he became an activist fighting shady lending practices to the low-income people he was trying to help.

Now Stein, 47, has parlayed his experience fighting mortgage scams and other lending abuses into a high-profile position in the Obama administration.

The consumer rights advocate from the Center for Community Self-Help in Durham was recruited to help lead President Barack Obama's goal to create the Consumer Financial Protection Agency. As deputy assistant treasury secretary for consumer protection, Stein runs the U.S. Treasury office that is designing the new agency and will help usher the concept through Congress as it is debated.

Read the full story.

Mary Easley's appeal

markjohnson — Tue, 30 Jun 2009 07:11:51 -0400

Former first lady Mary Easley's hiring left a trail of dethroned N.C. State officials, but she has notified the university that she doesn't plan to join them.

Easley indicated in a letter delivered to the university Monday that she will appeal her firing earlier this month. Her attorney, Marvin Schiller, declined to comment further.

In the letter, he wrote that Easley plans to file a formal grievance through NCSU related both to her termination and "with respect to any severance, notice or hearing which she may be due under NCSU's policies, regulations and rules."

NCSU did not offer Easley a severance package.

Read the full story.

Who's your daddy?

markjohnson — Tue, 30 Jun 2009 07:05:27 -0400

A former Aide to former U.S. Sen. John Edwards has made a tell-all book deal in which he says Edwards promised to financially take care of him if he falsely claimed to be the father of Edwards' mistress' baby.

Andrew Young, a former campaign finance director for Edwards, issued a statement last year claiming to be the father of the baby born to Rielle Hunter, the campaign videographer with whom Edwards had an affair. Edwards denied paternity in a television interview when he confessed to the affair.

The book, though, quotes Edwards as begging Young to confess to being the child's father and promising to take care of him for life, the New York Times reports.

As if that weren't enough, the book also alleges that Edwards, his party's 2004 nominee for vice president and twice a presidential candidate, participated in making a sex tape.

Playing chicken with the checkbook

markjohnson — Tue, 30 Jun 2009 06:43:23 -0400

It's zero hour for the state budget...Appealing the death penalty...Supreme breakfast talk with Walter Dellinger...N.C. is No. 1 -- in dangerous coal ash sites.

Happy Tuesday! When the Flintstones whistle blows this evening, we're halfway through the shortened work week.

WHO BLINKS? The state's budget expires at midnight, so House and Senate budget writers have to figure out whose version of a temporary spending bill survives, since they haven't finished a new budget. House members want a July 15 deadline on the bill, but Senate leaders want the bill, which funds state agencies at 85 percent of this year's level, to last until the new budget is done.

CAPITAL CONTROVERSY: The Racial Justice Act is up for a vote in House Judiciary 1 committee today, bound to spur debate over its provision to allow condemned killers to challenge the death penalty based on race.

SUPREME BREAKFAST: A dissection of the Supreme Court's recent reverse discrimination decision ranks as the No. 1 read on Slate and stars Duke law professor and former U.S. Solicitor General Walter Dellinger.

ASH TUESDAY: North Carolina holds the largest number of dangerous coal ash sites of any state -- 12 of the 44 sites on an EPA list.

Temp spending bill clears House

markjohnson — Mon, 29 Jun 2009 20:40:29 -0400

House members overwhelming approved a temporary spending bill Monday night, a little more than 24 hours before the current state budget expires.

"We've got to keep state government operating," said Rep. Mickey Michaux, a Durham Democrat and co-chair of the House appropriations committee.

House and Senate budget writers have to reconcile their two different temporary spending bills by midnight Tuesday. The House version expires on July 15, applying pressure to finish the budget, while senators did not include a deadline in hopes of avoiding having to pass another temporary spending bill if they don't complete the budget in two weeks.

The House approved their bill by 95 to 21 on the first vote and 93 to 23 on the final vote.

Lobbyist cleared, Blue Cross says

markjohnson — Mon, 29 Jun 2009 15:57:14 -0400

A spokesman for Blue Cross and Blue Shield says the SBI and Wake County District Attorney Colon Willoughby have cleared one of the insurance company's lobbyists in a alleged attempted bribery case handed over by the Legislative Ethics Commission.

Ken Wright, a veteran lobbyist for the insurer, was accused of trying to bribe Rep. Fred Steen, a Rowan County Republican in May. Ethics committee leaders declared, without naming either Wright or Steen, that Steen had done the right thing and the case had been referred to law enforcement officials.

Blue Cross spokesman Lew Borman said Willoughby and the State Bureau of Investigation looked into the matter and found no evidence of a crime.

"We're grateful to the SBI and the Wake County District Attorney for their thorough, swift and professional investigation," Borman said. "Ken is a valuable member of the Blue Cross family. We're pleased, but not surprised, and the matter is closed."

More after the jump.

GOP targeting Kissell's seat in '10

bniolet — Mon, 29 Jun 2009 15:08:13 -0400

Republicans are targeting freshman Democratic U.S. Rep Larry Kissell in 2010.

Party strategists believe that, with a strong candidate, reclaiming the suburban Charlotte-based district could be possible, Roll Call reports.

Kissell defeated Rep. Robin Hayes last year.

Hayes’ deep roots, Congressional tenure and fundraising ability make him a desirable candidate to try to take back the seat. But after five terms, another rigorous campaign might not be on Hayes’ agenda.

Hayes said he is still considering a 2010 run but that he is also working closely with the party to recruit other strong candidates.

Charlotte Mayor Pat McCrory has been mentioned as another top prospect, and he has not ruled out a Congressional run.

Other potential Republican challengers mentioned include Union County District Attorney John Snyder and former state Rep. Mia White.

Hat tip: RTB

Bill titles rankle Republicans

bniolet — Mon, 29 Jun 2009 14:56:53 -0400

A fuss over bill titles is festering in the House.

In recent weeks House Democrats have changed the title of three high-profile bills to long, precise descriptions of what the bills would do.

The title change made it nearly impossible for House Republicans to make any substantive changes to the budget or to a bill outlawing school bullying. A proposal to change the state's annexation laws now also features a lengthy title.

The title matters because House rules say amendments from the floor must be "germane." The more detail included in the title, the less a House member can do with an amendment.

House Republicans say the practice violates the spirit of openness promised by House Speaker Joe Hackney.

"The Speaker has done a good job being fair, but recently the process has become heavy handed," said Rep. Johnathan Rhyne, a Lincolnton Republican.

The place to change the substance of a bill is in committee, said Rep. Bill Owens, an Elizabeth City Democrat and the House rules chairman. Any bill can be sent back to committee with a simple majority vote.

"Time for debate on the floor needs to be the principle reason for the bill, not amending the titles to put in things that there's not majority support for," Owens said.

More after the jump.

Foxx seeks birthday checks

bniolet — Mon, 29 Jun 2009 11:43:11 -0400

U.S. Rep. Virginia Foxx is 66 today.

To celebrate, her husband wants you to write her a check. In an e-mail message to supporters, Tom Foxx suggested that a campaign contribution would make a perfect gift for his wife, a Banner Elk Republican.

A few years ago I had the idea of surprising Virginia for her birthday by raising money for her re-election. It was such a success that I have continued to do it.

Perhaps, $1 for every year of her life, he suggested. Of course, when you follow the link to the donation page, suggested amounts also include $660, $1066 and $2066. Tom Foxx assures supporters not to worry about all the focus on 66.

"As an elected official her information is publicly available so I won't be in trouble for revealing her age," he wrote.

Quick Hits

bniolet — Mon, 29 Jun 2009 10:00:20 -0400

* Bob Geary at the Independent Weekly raises questions about the doctorate earned by Timothy Johnson, the newly elected vice chairman of the state Republican party.

* The UNC system has no official policy on administrators maintaining multiple e-mail accounts, reports Eric Ferreri at the N&O's Campus Notes blog.

* During his eight years in office, former Gov. Mike Easley built a reputation for being reclusive and seldom seen in public. Now his official portrait is carrying on the tradition.

* Nearly six months after taking office, Gov. Beverly Perdue is among the nation's most unpopular governors.

Charter cap could cost N.C.

bniolet — Mon, 29 Jun 2009 07:13:22 -0400

A federal stimulus program called "Race to the Top" could mean hundreds of millions of dollars for North Carolina's cash-strapped public schools.

But the state may be hobbled at the starting gate because North Carolina's cap on the number of charter schools could work against it.

"Charters (are) a high priority for President (Barack) Obama," said Justin Hamilton, a spokesman for the U.S. Department of Education. "States that limit them put themselves at a strategic disadvantage in applying."

Under the federal stimulus program, the education department has nearly $4.4 billion in "Race to the Top" money for states that show innovation in education. Education officials call it the federal government's "largest one-time investment in K-12 public school reform."

States will be invited to submit proposals this fall. A handful will win grants early next year.

"You can bet your bottom dollar I have a team trying to get the money for North Carolina," Gov. Beverly Perdue told a Charlotte workshop on stimulus money this month.

In a conference call with reporters this month, U.S. Education Secretary Arne Duncan said, "States that do not have public charter laws or put artificial caps on the growth of charter schools will jeopardize their applications under the Race to the Top Fund."

North Carolina is one of 40 states that allow charters, and one of 26 that cap the number.

The current cap is 100, though at least two bills in the General Assembly would raise it. One measure that passed the House would put it at 106; the bill is in a Senate committee. (Char-O)

New look at No Child Left Behind

bkrueger — Fri, 26 Jun 2009 16:57:56 -0400

The state's head of public school testing has been named to a committee that will weigh in on the next version of the federal No Child Left Behind law.

Lou Fabrizio, director of accountability policy and communications at the state Department of Public Instruction, is on a national task force that will present ideas to Congress in September as it rewrites the law on school accountability, reports Lynn Bonner.

The task force was appointed by the Council of Chief State School Officers.