Corruption, It is Legal in North Carolina | Eastern North Carolina Now

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    I have heard about corruption in North Carolina Government for years. At first I dismissed the charge as a rumor or just a cheap political trick. The simple truth is that corruption is legal and is actually set up to operate as a system of influence by a set of laws passed by the legislature. This system is so slick as to be unbelievable. I don’t believe our legislators were smart enough to contrive this system. I think the “gang of three” stumbled on it by accident and fell in love with it once they found out how it worked (for them).

    Most legislators don’t like to legislate (make law). Remember the old days when important issues were debated for weeks in the Legislature. Paragraphs, sentences and even individual words were debated along with whether or not the concept of the bill in question was in the public interest. We have not seen a lot of serious debate from our Legislature in about 20 years. Not since legislators found a way to shuck their responsibility.

    The Legislature gave the major part of their law making duties to “boards and commissions”. Ever wonder where “that regulation came from” with no notice and there was simply no way around the regulatory official. There was no way to appeal the decision and the only person you could talk to was your elected State official. A call to the elected official would get things moving again and usually with enough relief so you could breathe again. The cause of this condition is “boards and commissions”.

    The “board or commission” set up with the authority to make “rules” usually has a designated staff consisting of some agency of the government. The members of the “board or commission” are usually appointed by a combination of the Governor, the President-pro-tem of the Senate and the Speaker of the House (the gang of three). The new “rules” are proposed by the governmental agency and reviewed by the “board or commission” with a few public hearings across the State so citizens can have input. At the end of this process the proposed rules are reviewed by the Rules Review Commission. Once the “rule” is approved it becomes effective on the first day of the month following approval. Once the rules are approved ten people must object before the rule becomes effective (by filing their objection properly) requesting review by the Legislature. If the objections are not done properly the new “rule” then becomes law. If objections are done properly the new “rule” is taken up by the Legislature. If the Legislature fails to act before adjournment the “rule” becomes “law”.

    Thinking in terms of the Constitution, democracy or just plain fairness, how many people in North Carolina are subscribing to services that alert them to proposed changes in the “rules or law” and know the law well enough to file an objection within the ten day window? Once filed, if those who object cannot find enough sponsors for their bill their time will run out. If they are lucky enough to find sponsors for a bill, they now have to lobby 170 members of the Legislature to get a vote to get the law changed. If those who object begin to make progress in their opposition they will usually wind up having to negotiate with the “board or commission” under the supervision of the Legislature. This part is called the “stakeholder” process.

    Why is this system so bad? (1) The same three public officials not only make all of the appointments but they hire the staff that negotiates any settlements. (2) All of the proposed rules become law either through the action or inaction of the Legislature. (3) It is virtually impossible to kill a bad idea, (4) Only those with a lot of money and time can afford to lobby the Legislature. (5) Through the entire process there has been no public debate or opportunity for the public at large to become informed. (6) Only in rare circumstances do the fingerprints of the legislature appear on the new “law” and, when finger prints do appear, the Legislature is the hero for settling the dispute.

    People who have large economic interests in North Carolina want to be sure they have access to the three power brokers who make the appointments and hire the overseers. They make sure they give large political contributions to the power brokers. Notice that members of the House and Senate are easily ignored under this system. The power brokers are in chard during every step. This system promotes special interests who control large blocks of voters and have money. The average citizen is less than a pawn.

    Lobbyists along with the various department top dogs write law and impose it on the public. There is no area of government that is exempt. Consider utilities regulation, insurance, banking, pesticides, environmental regulation, education, social services, wild life, fisheries, and benefits of all kinds.

    I propose to fix this corrupt system by returning “rule and law” making to the Legislature. “Boards and commissions” should enforce laws and make policy only within their narrow view of the law. The down side of this is that the Legislative sessions will last longer. The upside is the restoration of debate with your locally elected representatives actually having a say in North Carolina government.

    Beaufort County Commissioner Hood Richardson is a 4 term county commissioner, who is running for higher office: N.C. Senate, 1st District. Visit Commissioner Richardson's website to gain further insight into the man, the candidate.