Former State Senator Has Questions Regarding Ethics Bill

I have previously blogged on this subject before, and a letter has come to my attention from a reliable source regarding the machinations in the North Carolina General Assembly, former Senator (and current candidate challenging District 49 Senator Martin Nesbitt) RL Clark.

He responded to an article written in the Asheville Citizen-Times by Jordan Schrader, and has kindly allowed me permission to reprint it. I have taken the liberty to emphasize text in the letter, and made minor formatting changes and added hyperlinks where appropriate, and I have removed his address and telephone number from the correspondence:



Mr. Schrader:



Wish I could have sent this earlier today but I operate a business I had to attend to today. I have major concerns with the State Auditor being restricted by the N C Democrat controlled State Senate. The State Senate has been controlled (ruled) by one party (Democrat) for 0ne hundred fifteen years! I have read and re-read your front page article in today’s edition of the A C T several times.

I am troubled and perplexed but not surprised that the General Assembly Democrat power structure assisted by several Republican legislators would take such action to apparently protect one of it’s own (Senator Nesbitt).



Didn’t the auditor’s report say that they were simply trying to find out if the Ethics commission had all of these facts when they were contacted by the Senator about his need to disclose his son’s racing ream on his economic interest form? Especially when the Senator responded when asked if he had told them all the facts he replied, ‘I DON’T recall if I told them those facts.” Really?



From my vantage point of having spent a career in the executive branch of N C State government serving in the administrations of six Governors and two terms as a N C State Senator and during that Executive Branch career I had close personal relationships with two former Speakers of the N C House of Representatives, I have insights into corruption that are in my opinion somewhat unique. Why doesn’t a good investigative news reporter or perhaps a Federal Prosecutor look into the N C Democrat County KEY system used for political screenings for State employment?



In the 1980’s several private road contracting officials were sentenced to FEDERAL not State prison.



The Honorable Garland Garrett, former Secretary D O T, personal advisor to two Governor’s, sentenced to FEDERAL not State prison. [WRAL] [Video-Poker News]



The Honorable Frank Balance, former N C State Senator, and former U S Congressman sentenced to FEDERAL not state prison. [Wikipedia] [WTV D] [RaleighN&O]



State Judge the Honorable Frank Balance, Jr., Son of Honorable Frank Balance sentenced to FEDERAL not State Prison. [see Frank Ballance, above]



Former N C House Speaker Jim Black, sentenced to FEDERAL not State prison.
[Raleigh N&O] [Wikipedia Article] [Carolina Journal]



Former Representative Michael Decker, republican sentenced to FEDERAL not State Prison. [Wikipedia] [Darwin Political Awards]



Former Department Secretary in a Republican administration, former lobbyist Don Beason, resigned under an ethical cloud. [Raleigh N&O] [The Meck Deck] [BlueNC]


There are many other examples. By a large percentage the majority are Democrats not Republicans!



My points in this email are concerns shared by substantial numbers of Citizens in WNC!



Not only do I agree with Auditor Merritt that limiting his authority is not necessary but in my opinion is a move by the Democrat power structure to keep in place



A corrupted Legislative Body. Perhaps I could be called to testify before a Federal Grand Jury.



R L Clark

Candidate N C State Senate District 49



N C State Senator

1995, 1996, 1997, 1998

Asheville, N C 28804

###

Commentary

I don't expect anything to be done because people are too apathetic or are not aware of the corruption that has gone on in North Carolina politics for generations. Perhaps things would change if people were to call their State Representatives and State Senators and let them know how they feel about this issue.

You can find yours by visiting the General Assembly website.


Previously:

NC General Assembly Moves To Block Ethics Investigations

Nesbitt Ethics Problems Surface Again

North Carolina Conservative Disavows Indictment

BREAKING-- NC Senator Nesbitt To Be Indicted?

More on Corruption in North Carolina Politics

NC General Assembly Moves To Block Ethics Investigations

A bill that would prohibit the state auditor from investigating violations of the state ethics act passed a key Senate committee Monday afternoon.

The bill would require the state auditor to turn over possible violations of the ethics act to the N.C. State Ethics Commission. The ethics act deals with possible conflicts of interest involving officials and their duties.

A similar bill in the House is scheduled for a committee Tuesday.

Lawmakers took up the change after State Auditor Les Merritt began investigating a senator over his son's business dealings. The N.C. State Ethics Commission sees no problem in the case. Merritt disagrees.

Source: Under The Dome

Photos of Racing Team Equipment:


Photos by: Tim Peck - Powered by BubbleShare



Since Under The Dome did not link to the press release, I will post it here in it's entirety:

Auditor Believes Legislation is Unnecessary,
but Committee Acted in Good Faith

RALEIGH, NC – July 7, 2008

Today, State Auditor Leslie Merritt responded to the Select Committee on Government and Election Reform’s passing of SB1875. The bill entitled, “Clarify Auditor Hotline Authority/SEC,” seeks to clarify jurisdiction over Ethics Act violations and facilitate an increased flow of information between the Office of the State Auditor and the Ethics Commission.
“Respectfully, I believe that this legislation is unnecessary because two watchdogs, the State Auditor and the Ethics Commission, are better than one when it comes to uncovering abuses in State government,” said State Auditor Leslie Merritt.
Historically, a function of the State Auditor’s Office is to investigate fraud, waste and abuse in State government. Conflicts of interest between a State official’s public duties and private affairs are defined as “abuse” under well accepted government auditing standards. SB1875 may handcuff State Auditors from being able to release the results of investigations of “abuse” in a public report, despite the good faith efforts of this Committee to clarify the jurisdiction of the Ethics Act.
“I believe that any new legislation should allow for a public, transparent review of the facts of a case and not create a climate of strict confidentiality. But, the legislature makes the law and the Office of the State Auditor will respect it while continuing to provide an independent review of anonymous tips sent to our fraud, waste and abuse Hotline,” Auditor Merritt concluded.
###
Source: North Carolina Auditor
Senate Bill: 1875
House Bill: 2544


Commentary

In North Carolina, we have had a long and storied history in corruption in our state government all the way down to the local level that is far worse than what once was in Louisiana.

The Jim Black Scandal is still paying dividends, and his associates are beginning to answer for their crimes.

John Hood discusses the NC General Assembly's inability to act:


If you are unfamiliar with the Jim Black Scandal, Carolina Journal has an excellent starting place to get an overview of how things went down.

The North Carolina General Assembly has shown itself to be unable to act against it's own members, especially those in leadership position. Does anyone need to be reminded of the corruption of Speaker of the NC House Liston Ramsey?

Liston B. Ramsey of Madison County, in the North Carolina mountains, had been speaker for four terms and was seeking a fifth. He was the first speaker of the House in this century to serve so long, and he ran the House in a classically autocratic way. In fact, he and a few cronies in the House and Senate together could be said to have run North Carolina. Laws in that state are enacted after passage by both houses of the legislature; the governor's signature is not required. Nor does the governor have the power to veto -- the only governor in the nation so handicapped.

Mr. Ramsey and his friends used their power with abandon. They held closed-door meetings to determine the state budget and to allocate appropriations. The "Super Sub," a group comprising Democratic legislators, made almost all critically important fiscal decisions. When bills were marked up in open meetings, members of the House leadership even spoke in numerical code and refused to distribute mark-up copies to the public or the press.

Mr. Ramsey's arrogance extended beyond procedural matters, however. He and his "old boys" constantly stood in opposition to the policies of North Carolina's popular and able Republican governor, Jim Martin. On those few occasions when the speaker and the governor agreed on an issue, the speaker merely sought to make Mr. Martin look politically irrelevant and impotent. This in spite of the fact that the governor was elected statewide and the speaker's legislative district has a population of just 100,000.

Source: When a Speaker Fell
By Ted Blanton. Wall Street Journal. (Eastern edition). New York, N.Y.: Apr 17, 1989. pg. 1

It was common knowledge that the North Carolina General Assembly was corrupt back then. The Democrats held all the power and were unwilling to act, until it became evident that the tide of public opinion was turning. GOP gains in the General Assembly, and an overwhelming victory on November 8th, 1988 by NC Governor Jim Martin (R) over Robert Jordan (D) [56% to 44%] moved the Democrats to act to preserve their hold on the General Assembly...and North Carolina. They have retained that hold ever since, and realize that an ethics investigator who is not under the influence and control of the General Assembly could upset their apple cart.

They are bringing everything they have to bear against Les Merritt, for they cannot afford to have him investigating their questionable activities...they are circling the wagons to protect District 49 Senator Martin Nesbitt. They know if he can be investigated, they all can.

Previously:

Nesbitt Ethics Problems Surface Again

North Carolina Conservative Disavows Indictment

BREAKING-- NC Senator Nesbitt To Be Indicted?

More on Corruption in North Carolina Politics

Nesbitt Ethics Problems Surface Again

I have blogged about this before (see end of current post for links), and Buncombe Senator Martin Nesbitt has revealed that he has been the target of an ethics probe by the state auditors office:

RALEIGH --A state senator from Asheville, his son's Hooter's Pro Cup racing team and Blue Cross Blue Shield of North Carolina are at the center of a dispute over who has the right to police the state ethics laws.

The case surrounding Sen. Martin Nesbitt, an Asheville Democrat, has led to a bill that would prohibit the state auditor from investigating the recently overhauled ethics statutes.

“The Nesbitt case illustrates the danger of the misapplication of a complicated law,” said Perry Newson, executive director of the state ethics commission.

Nesbitt waived confidentiality and allowed Newson to discuss the case.

State Auditor Les Merritt, a Republican, released a report Tuesday in which he explains why he believes Nesbitt should have disclosed on ethics filings that he worked with his son's racing team. Nesbitt was an unpaid crew chief.

Merritt's report came several months after the state ethics commission advised Nesbitt he did not need to disclose his involvement with the racing team on his ethics form, an opinion they reiterated after Merritt began his probe.

Until recently, the team was sponsored by Blue Cross Blue Shield, the state's largest insurer. The General Assembly frequently deals with legislation affecting the health care industry and insurers.

Source: Charlotte Observer
Related: State Auditor Report [PDF File]

Commentary

I would like to point out that the North Carolina State Ethics Commission was created in the wake of corruption scandals involving many elected and appointed state officials, most notably the NC Speaker of the House Jim Black, is composed of members appointed by the Gov. Mike Easley (Democrat), Speaker Joe Hackney (Democrat) and President Pro Tempore Marc Basnight (Democrat).


There is a turf battle ongoing to decide who investigates ethics violations, members appointed by the ruling political party, or the elected state auditor.

We have seen the results of the Governor and his friends in Raleigh who have blocked every attempt at investigating corruption in North Carolina government, with a breakthrough only achieved by the Feds, then the state charges followed.

Just as with Jim Black, there were whispers of misdeeds for years...and the state would not act. The same allegations have floated around about Martin Nesbitt for years also. And now Blue Cross Blue Shield has withdrawn their sponsorship of the racing team that was at the center of the controversy.

Previously:

North Carolina Conservative Disavows Indictment

BREAKING-- NC Senator Nesbitt To Be Indicted?

More on Corruption in North Carolina Politics

Bob Pittenger Resigns To Focus On Race For Lt Governor

From Under The Dome Blog, we get word that Bob Pittenger is resigning his State Senate Seat in order to focus on his race for the Lt. Governor's Office. Bob Rucho is expected to fill his seat.

I think that it should be a law that in order for anyone who is already serving in an elected office must resign from their office if they are campaigning for another office.

Hendersonville Gubernatorial Debate "Healthcare Issues"

The videos were posted in reverse order, so this last question asked by Russ Bowen of WLOS-TV is first in order. He posed a question of Bill Graham about Mental Health Reform in North Carolina, and the other candidates took the opportunity to address general health care issues in the state:

NC Legislature on TV?

Jack Betts has hit on a topic near and dear to my heart, video coverage of the North Carolina Legislature in action:

That thought occurred to me as I sat in the audience Thursday at the annual Sunshine Day observance at Elon University and heard state Sen. Eddie Goodall, R-Union, repeat his call for a study commission to assess the need for televising all legislative sessions and certain committee meetings.

He's right to pursue a study; legislative leaders have not backed the idea of gavel-to-gavel coverage in either chamber, though of course commercial and public television stations provide varying kinds of new coverage on issues. But what the legislature needs is that kind of daily coverage so the public can see what's going on -- and what's not.

Source: Charlotte Observer
Related: This Old State (Jack Betts Blog)
Tracking: NC Senate Bill 701

Commentary

Anyone can afford to stream video these days 24/7/365 through the use of various free services.

A tool such as streaming coverage would increase the awareness of North Carolinians of what is going on in Raleigh, and I'll bet that is the primary reason they'll fight tooth and nail to keep it from being done. Use the link to track the progress of Senate Bill 701, and let your representative know what you think about it.

NC GOP Gubernatorial Debate Coverage

Those of you have have read this blog or Thunder Pig know of my fondness for presenting events via video. And that I prefer to present my coverage as "beginning to end" and let the viewer judge the events on their own merits, or lack thereof.



I plan on doing a live webcast of tomorrow's Gubernatorial Debate from the Bo Thomas Auditorium through the use of a borrowed laptop, and the Blue Ridge Community College Wifi Network. It may not work, because this will be my first test of the idea, but I'll be there to record the event with my cheap digital camera if my even cheaper webcam doesn't work (I paid $16 at Walmart).
Surely our state government can do better than me, a simple blogger using borrowed equipment.

I'll have the coverage here, and will link to my coverage from Thunder Pig and West Carolina Report.

NC State Senator Joe Sam Queen, "Senator Potty Mouth"

Another video from Richard Bernier of URTV's Sound Off Buncombe.

And see him from the 2007 Vance Aycock Dinner:

North Carolina Conservative Disavows Nesbitt Indictment

In regards to the stories here, and here, the North Carolina Conservative has posted the following:

Important message, please read

An article has appeared on blogs and been forwarded through email lists, claiming that Sen. Martin Nesbitt is under federal investigation. The article is being attributed to The North Carolina Conservative. However, no article has been written or published by our publication regarding this matter.

Although we have heard similar rumors, the NCC does not know if anything in the email concerning Sen. Martin Nesbitt is valid. We are trying to find out the facts, so we can either confirm or debunk the email, but it is the policy of the Justice Department to neither confirm nor deny any investigation into anyone. At this time, and unless facts prove otherwise, the NCC accuses Sen. Nesbitt of no wrong-doing.

Source: North Carolina Conservative

Commentary


Someone sure wanted to see (and got) a lot of buzz surrounding State Senator Martin Nesbitt and the North Carolina Conservative, to what ends, I can only speculate.

I think that if there is corruption involved, it will be a long hunt, as it was with
Jim Black. That very case was the reason I started this blog, to get a feel for how things were going in North Carolina politics since the days of Jim Hunt, when I last knew what was going on...

BREAKING--NC Senator Nesbitt To Be Indicted?

**Cross-Posted From Thunder Pig**

Apparently, this story is in the early breaking stages, although former NC Senator RL Clark has warned us of it for over a year. I received it in my email, and the story is not posted at North Carolina Conservative yet, so I'll post an excerpt, and then the link to the full story once it becomes available.

Raleigh, NC -- North Carolina's Democratic State Senator Martin Nesbitt may soon be indicted on Federal racketeering and money laundering charges from his repeated funneling of state budget funds through the statewide Blue Cross/Blue Shield non-profit organization, while the company sponsored the
personal investments of the State Senator and members of his immediate family.

According to highly placed anonymous sources, the investigation from the U.S. Department of Justice could be made public in the coming days as undercover operations are concluded. It is unknown whether this investigation has any correspondence to the earlier Federal investigation undertaken to uncover corruption inside the North Carolina State House.

Senator Nesbitt could not be reached for comment but a spokesperson stated, "The Senator will deny all charges."

Officers of Blue Cross have stated that they are not aware of any wrongdoing, and only responded to Senator Nesbitt's request for sponsorship funds totaling millions of dollars because the Senator worked on behalf of the company in securing state funding for its operations budget.

Apparently, tax dollars intended to supply health care needs for children and other vulnerable populations were siphoned off in a scheme to underwrite the racing business of Senator Nesbitt. While officials are hesitant to release any documents at this time showing the connection between the two,
other former Senators have noted and forwarded materials to the press over several years, with little or no action taken against Senator Nesbitt to date.

Hat Tip: Anon
For More Info Soon: North Carolina Conservative
Related: Bubbleshare Photo Album of Race Team by Tim Peck
Previously : WNC Citizens Blog March 2007


**Update** Monday, July 9th at 10.43am
Thanks to all who forwarded the following to me...

At this point in time, the email I forwarded that was attributed to the NC Conservative should be treated as rumor and nothing more, as the newspaper has not published this report, and has not yet been able to confirm the report (which had been forwarded to them, as well.)This report has appeared on several blogs and emails, and is written as a newspaper report. However, until and unless we are able to hear from the Justice Department that the report is factual, the allegations are nothing more than conjecture.I would encourage those that forwarded the report to me, and those that forwarded the report I sent out, to inform your email list that the report is, at this time, not supported with any evidence of its validity.

NC Legislators Ponder Trashing U.S. Constitution

North Carolina Legislators are considering changing the way North Carolina's 15 electoral Votes are cast, ignoring our choice for President, and letting other states dictate how our elctoral votes are cast. Don't believe they would be so stupid?

A snippet:

RALEIGH - Legislators in North Carolina, and other states across the country, are taking a look at changing the way voters elect a president.

Under a bill approved by the N.C. Senate last month, North Carolina’s 15 votes in the Electoral College would go to the presidential candidate who wins the national popular vote instead of the winner of the North Carolina vote. The change would take effect only if enough other states pass similar bills.

The bill is part of a small but growing national movement to make sure that the candidate who gets the most votes nationwide wins the White House.

Source: Winston-Salem journal

Should you be motivated enough to contact your legislator, visit this website to find out the phone number of his/her office.

Background:

The Electoral College

The Unconstitutional National Popular Vote

NC Senate Budget Reflects Republican Initiatives by RL Clark

Guest Commentary


As a Christian Conservative Republican and former member of the N C State Senate who many, many times stood alone and cast the lone NO vote on the Democrat budget, I am dismayed and in disbelief that all but 2 Senate republicans voted for a democrat slanted Marxist style budget bill.

It to me is truly sad for the State of N C and the Republican Party which is supposed to be the party of smaller government, less taxes and regulations, And less government in the lives of citizens they took a sworn oath to serve.

This vote is the reason I’m hearing from the hundreds of people I come In contact on a daily and weekly basis, THERE’S NO DIFFERENCE IN DEMOCRATS AND REPUBLICANS!!

Apparently the majority of the republican senators are content with receiving the few “crumbs” falling to the floor from the royal Democrat banquet table, Which they appear to lap up with glee!

After all most are in safe “seats” given to them by their Democrat “masters.



Respectfully,



R L Clark

N C State Senator

1995-1996

1997-1998

NC Senate Votes To Junk Constitutional Electoral College

North Carolina moved a big step closer to joining a national movement that could lead to the president of the United States being elected by popular vote.

The state Senate, by a 30-18 partisan vote, passed legislation that would direct North Carolina's Electoral College delegates to vote for the presidential candidate with the most votes nationwide -- not the one with the most votes in the state -- if the national movement proves successful. So far, only Maryland has signed on, but more than 40 states are considering legislation that could bring them on board as well.

The movement comes after two close national presidential elections in which Republican George Bush came out the winner. In the 2000 election, the popular vote went to Democrat Al Gore, but Bush won the majority of electoral votes cast by the states. In 2004, the close vote in Ohio -- which Bush ultimately won -- drew lawsuits because if it had swung Democratic, John Kerry would have been elected president even though he hadn't won the popular vote.

Raleigh News and Observer

An important Item to remember is that the vote was partisan, Democrats For, Republicans Against.

Democrats for the usurpation of your Constitutional Rights, Republicans against the usurpation of your Constitutional Rights.


If we are not careful, this will result in the top 100 US. Cities deciding who will be President, and we all know how they vote...meaning no Republican Presidents again, ever! (And Certainly No Conservatives !!!)
Read the Wikipedia article on the national progress of the Illegal Interstate Compact..

Call your State Critters to lodge your protest, and begin planning questions to ask them about the vote when they run for re-election.

North Carolina General Assembly