• Welcome to AppraisersForum.com, the premier online  community for the discussion of real estate appraisal. Register a free account to be able to post and unlock additional forums and features.

Governor's VETO will stand in NC.

Status
Not open for further replies.

USPAP Compliant

Thread Starter
Elite Member
Joined
Jan 15, 2002
Professional Status
Certified Residential Appraiser
State
North Carolina
Posted on Tue, Nov. 12, 2002

Senate to stay home, won't vote on veto
GARY D. ROBERTSON
Associated Press

RALEIGH - North Carolina's first gubernatorial veto will kill an appointments bill because the state Senate decided today not to return to Raleigh to try to override it.

Gov. Mike Easley, who made history by opposing the bill last week, told the Legislature on Monday to reconvene Wednesday to vote on whether to override the veto.

But Senate leaders agreed it's not worth the trouble for such a bill to bring back all 50 senators and extra staff to take up one measure. Instead, the Senate will have a skeleton session Wednesday afternoon and won't hold an override vote.

"The Senate will take no action other than to refer the governor's veto message to committee without further consideration, and pass an adjournment resolution to the House," Senate leader Marc Basnight, D-Dare, wrote in a memo Tuesday to the other senators.

The House hadn't decided by midday today whether to do the same thing. But, without the Senate's vote, the veto will stand.

Easley issued the first gubernatorial veto in North Carolina history on Nov. 3 because he said some appointees didn't meet the qualifications required by law.

Usually, the bill is approved in the final hours of the legislative session and includes appointees who have political connections to lawmakers.

Easley said in his veto message to the Legislature that two appointees are dead while others have conflicts of interest. He said he, not the Legislature, was supposed to make six other appointments. He noted that an auctioneer was appointed to the same board that had fined him after a dispute with a client. And he was unhappy that some boards were expanded.

Basnight wrote that other senators were concerned about the cost of a reconvened session or opening another special session to pass an alternative appointments bill that would resolve Easley's problems. Any alternative bill now won't be approved until next year.

Some senators, who just went through the longest two-year session in state history, wanted to stay home.

"If we have a citizens' Legislature, citizens have to be working," said Sen. Walter Dalton, D-Rutherford, an attorney. "It's hard to break away on a day's notice and come back to Raleigh."

Republicans had questioned why Easley had rejected a bill that is routinely approved every two years. The governor's office said he had no ulterior motives.


email this | print this
 

USPAP Compliant

Thread Starter
Elite Member
Joined
Jan 15, 2002
Professional Status
Certified Residential Appraiser
State
North Carolina
Legislators to sustain Easley veto






Basnight says delay in filling board seats is OK.






STORY TOOLS
printer friendly version
send this story to a friend


SITE TOOLS
subscribe to our e-mail lists
get news, weather, movies on your PDA




By AMY GARDNER, Staff Writer

No lawmakers seem to know why Gov. Mike Easley catapulted an obscure appointments bill into the history books last week by stamping it with the first veto in state history.

And none seem to care.

Democratic leaders in the state House and Senate agreed Tuesday to heed Easley's order for a veto session by convening this afternoon. But they have no intention of trying to override the veto, or spending much time on it at all.

Both chambers will convene skeleton sessions of just a handful of lawmakers. They will refer the bill to committees and adjourn. And they will worry about drafting a new appointments bill when they convene for the regular 2003 session at the end of January.

"People don't want us here," said Senate leader Marc Basnight, a Democrat from Manteo. "There's not one member who wanted to come back for this issue. And when you don't have anyone wanting to come back, why would you come back?"

Senate Bill 1283 named dozens of appointees to boards and commissions as high-profile as the Clean Water Management Trust Fund and as little known as the Acupuncture Licensing Board.

Basnight was not worried about delaying some appointments for more than two months; he said state law allows Easley to fill some, and the others could wait.

Although most North Carolinians care little about it, the appointments bill is an intensely political piece of legislation. And it is important to both Basnight and his counterpart in the House, Speaker Jim Black, who wield tremendous influence over the dozens of affected boards and commissions by hand-picking the appointees.

Easley listed a handful of objections in his veto message: that two of the appointees had since died; five were not properly qualified to serve on the boards to which they were appointed; and six were actually gubernatorial appointees inappropriately chosen by the legislature.

The governor also said that the expansion of some boards was inappropriate during a budget crisis and as he is trying to make government leaner.

Plenty of politicians, lobbyists and others close to the General Assembly have had trouble believing that story. Some think he's taking a shot at his Democratic colleagues in the legislature. Others think that makes no sense, because Republicans are poised to take over the House and Easley needs to preserve his relationship with the Senate, which will remain in his party's control.

Building a record?

Some think the governor wanted lawmakers back in Raleigh to bring up other matters, such as a lottery, redistricting or even judicial appointments. And some think he is skirmishing intentionally with legislators, building a record on which to run for re-election in 2004.

"We're all very confused," said state Rep. Ed McMahan, a Republican from Charlotte and one of at least four GOP candidates for speaker. "To me, for the governor to use the first veto on something such as this was very unusual. So it sort of caught us all by surprise."

McMahan added that he thought Easley's point about the expansion of boards and commissions was a good one, and he was glad that both the House and the Senate leadership were planning to let the veto stand.

Easley's spokeswoman, Cari Boyce, reiterated Tuesday that Easley had no ulterior motive in vetoing the bill. She said the governor has no plans at this point to convene any other special sessions between now and January.

"The governor is pleased that they plan to sustain the veto and looks forward to working with the legislature to make progress in education and bring high-quality jobs to the state," she said.

In the meantime, the skeleton crews needed to convene and adjourn will begin their work at 1:30 p.m. today. Sen. Tony Rand, a Democrat from Fayetteville, is one of the few who will attend.

"Anybody's welcome, but nobody's going to get paid," Rand joked. "So it's going to be the hard core."

Staff writer Amy Gardner can be reached at 829-8902 or [email protected].
 

USPAP Compliant

Thread Starter
Elite Member
Joined
Jan 15, 2002
Professional Status
Certified Residential Appraiser
State
North Carolina
Posted on Wed, Nov. 13, 2002

Legislators won't reconvene, decide Easley's veto can stand
Democratic leaders cite cost, decline to amend or defend appointments
ANNA GRIFFIN
Raleigh Bureau

RALEIGH - The first gubernatorial veto in state history will stand, mostly because legislators lack the energy to fight it.

In a political win for Gov. Mike Easley and an emotional reprieve for weary lawmakers, N.C. General Assembly leaders decided Tuesday not to attempt overriding the governor's first veto.

Last week, Easley vetoed a bill making appointments to several dozen state boards and commissions. He ordered lawmakers back to town this afternoon.

But Senate leader Marc Basnight said Tuesday the bill wasn't worth the hassle of bringing all 170 legislators back to Raleigh. Instead, lawmakers will hold a skeleton session today and adjourn. Then the veto will become official.

A special session to rewrite the appointments bill, which Basnight and House Speaker Jim Black both rejected Tuesday, would have cost about $33,000 a day, according to legislative staff.

"The appointments bill is not legislation of such significance that it warrants either consideration of a veto override or a special session, especially given the added costs to North Carolina's taxpayers," Basnight, D-Dare, said in a written statement. "The Senate will not override the governor's veto, nor will we consider an alternative proposal."

Republicans had feared Easley might use the veto to maneuver the legislature into a lame-duck session to consider controversial topics such as a statewide lottery while Democrats still control the House. An emergency session called in the spring to map new legislative districts remains open.

House Democrats lost their 62-58 majority in last week's elections. Though several recounts later this week could change things, Republicans appear to have won a 61-59 advantage for 2003-04.

Easley communications director Cari Boyce said the governor had no plans to call the legislature back, "at this point."

N.C. voters approved a gubernatorial veto in 1996. Easley became the first governor to use the veto stamp last week, rejecting 135 House and Senate appointments to various state boards.

The legislation was typical for its type: Thick, arcane and filled with political appointments for friends and political allies of Basnight and Black.

Easley vetoed the bill because several of the new postings violated state statutes. Among other problems, the legislation appointed two people who later died.
 
Joined
Jan 13, 2002
Professional Status
Retired Appraiser
State
Florida
Bob,

I congratulate you! Without your activism, this might not have happened. YOU are proving what can be accomplished!

Thank You!!!
 
Joined
Jan 16, 2002
Professional Status
General Public
State
North Carolina
Pamela

Do not be confused by this vetoe, and the rhetoric about the Realtor issue.

Despite everyone protestations that they want only to do what is right, that the law is the law, and that the rules should be folowed, the NCAB has had as its one "public" member, Henry Faircloth, who is by profession a builder and is therefore directly related to the real estate industry in direct conflict with the law, serve without question since the board was conceived. Not one of the individuals taking claim for this vetoe has taken any formal action before the board or governor requesting his immediate suspension from participation in the board. This gentleman was one of those up for reappointment, and whose reappointment was suspended by the governor in this veote, yet by right, as a sitting member, he can continue to serve until replaced unless formal action is taken.

I am prohibited from speaking formally on this issue as I have a case pending and for me to object would give rise to charges of a breach of a stipulation regarding whom could hear my case. (My personal opinion of Mr. Faircloth is that he is about as unbiased as any of the seven members currently sitting on the board, but that is not saying a great deal as I believe that despite their statements to the contrary, all sitting board members have made up their minds, one way or the other regarding the case, without perusing the actual record of my hearing.)

But, if those who find themselves so aggrieved by the appointment of an attorney who works for the Realtors as a violation of the letter of the law, and who have worked so diligently to seek to point out this fact gleefully to the public have any shred of honor, they ought to formally, and publically, take actions to remove Mr. Faircloth from service as well.

Actions do speak louder than words. It is a good thing that this issue was raised, but ....

Regards

Tom Hildebrandt GAA
 

USPAP Compliant

Thread Starter
Elite Member
Joined
Jan 15, 2002
Professional Status
Certified Residential Appraiser
State
North Carolina
I don't know about anyone else, but I HAVE protested Mr. Faircloth's reappointment both prior to and after it was made. In fact I have sent letters of protest concerning Mr. Faircloth on at leat five ocassions.

Since I have had no response from the President Pr-tem of the NC Senate (who has appointed and reappointed Mr. Faircloth), nor from Governor Easley's office nor from any of my State Senators and Representatives I filed a formal complaint with the Attorney General's office this morning about 5:00 am.

Here it is:


BOB IPOCK & ASSOCIATES, INC.
1218 Heatherloch Drive
Gastonia, NC 28054
704 867-1985
704 868-9736
[email protected]



11/13/2002


NC Attorney General’s Office,


I recently filed a complaint with your office concerning improper appointments to the NCAB. Governor Easley has vetoed these appointments.

It is my concern and position that a CURRENT, sitting member of the NCAB does not meet the statutory requirements for a position on the board. The board member in question is Mr. Henry Faircloth who was first appointed July 1, 1991 and has served continuously since that time.

Mr. Faircloth is described in the APPRAISEREPORT (the newsletter published by the NCAB) as being “a building contractor for nearly 30 years”. I would maintain that a “building contractor” is directly or indirectly involved in the real estate industry. This involvement in the real estate industry would prohibit Mr. Faircloth from being appointed to or serving on the NCAB under The North Carolina Appraisers Act, Chapter 93E, section 1-5.

I have nothing against Mr. Faircloth who has always been cordial and decent with me. The problem is that he simply does not meet the requirements for NCAB service.

Please consider this a formal complaint. I would appreciate an acknowledgement of this complaint and a response as to its validity. If Mr. Faircloth’s position on the NCAB is in violation of statutes I would ask that appropriate action be taken to remove him from the NCAB.


Sincerely,


Robert D. Ipock
 

USPAP Compliant

Thread Starter
Elite Member
Joined
Jan 15, 2002
Professional Status
Certified Residential Appraiser
State
North Carolina
THis is a copy of the FIRST COMPLAINT I filed with the AG's office . Please note that the date is OCTOBER 23, 2002 and most certainly did include a complaint against Mr. Faircloth's re-appointment.



Subj: Official complaint regarding recent NCAB appointments.
Date: 10/23/02 11:13:57 AM Eastern Standard Time
From: BIpock3388
To: [email protected]




BOB IPOCK & ASSOCIATES, INC.
1218 Heatherloch Drive
Gastonia, NC 28054
704 867-1985
704 868-9736
[email protected]



NC Office of the Attorney General North Carolina Department of JusticeP.O. Box 629Raleigh, NC 27602-0629


To whom it may concern:


I wish to file an official complaint and ask for a response concerning the recent appointments made to the NCAB by Senator Marc Basnight.

Sen. Basnight recently made two appointments to the North Carolina Appraisal Board which are in violation of The NC Appraiser’s Act, Chapter 93-E.

"§ 93E-1-5. Appraisal Board.(a)There is created the North Carolina Appraisal Board for the purposes set forth in this Chapter. The Board shall consist of seven members. The Governor shall appoint five members of the Board, and the General Assembly shall appoint two members in accordance with G.S. 120-121, one upon the recommendation of the President Pro Tempore of the Senate and one upon the recommendation of the Speaker of the House of Representatives. appointed by the Governor shall be appointed from geographically diverse areas of the State. The appointee recommended by the Speaker of the House of Representatives and the appointees of the Governor shall be persons who have been engaged in the business of real estate appraising in this State for at least five years immediately preceding their appointment and are also State-licensed or State-certified real estate appraisers. No more than three of the appointees may be members of the same appraiser trade organization at any one time. The appointee recommended by the President Pro Tempore of the Senate shall be a person not involved directly or indirectly in the real estate, real estate appraisal, or the real estate lending industry. Members of the Board shall serve three-year terms, so staggered that the terms of three members expire in one year, the terms of two members expire in the next year, and the terms of two members expire in the third year of each three-year period. The members of the Board shall elect one of their members to serve as chairman of the Board for a term of one year. The Governor may remove any member of the Board appointed by the Governor for misconduct, incompetency, or neglect of duty. The General Assembly may remove any member appointed by it for the same reasons. Successors shall be appointed by the appointing authority making the original appointment. All vacancies occurring on the Board shall be filled, for the unexpired term, by the appointing authority making the original appointment. Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120-122. Initial terms of office commenced July 1, 1994.

The recent appointments for PUBLIC MEMBERS seem to violate the law in due to these appointees being "directly or indirectly involved in the real estate industry." Ms. Stephanie Simpson was appointed to the NCAB and is a full time employee of the NC Association of Realtors. In addition she is a REGISTERED LOBBYIST representing the interests of NCAR members, who are real estate salespeople and brokers.

Also, Mr. Henry Faircloth was reappointed and is a licensed building contractor and developer indicating that he too is "directly or indirectly involved in the real estate industry."

I would like a response to this complaint and some advice as to how to prevent these appointees from being sworn in. Time is of the essence as they are to be sworn in very soon.


Respectfully yours,


Robert D. Ipock
 
Joined
Jan 16, 2002
Professional Status
General Public
State
North Carolina
Bob

Glad to see you are a man of your word. Perhaps we can find someone, in addition to yourself, to speak at the next open forum on this topic.

Besst regards

Tom Hildebrandt GAA
 
Status
Not open for further replies.
Find a Real Estate Appraiser - Enter Zip Code

Copyright © 2000-, AppraisersForum.com, All Rights Reserved
AppraisersForum.com is proudly hosted by the folks at
AppraiserSites.com
Top

AdBlock Detected

We get it, advertisements are annoying!

Sure, ad-blocking software does a great job at blocking ads, but it also blocks useful features of our website. For the best site experience please disable your AdBlocker.

I've Disabled AdBlock
No Thanks