Fast-moving bill would shift control of NC college seats from governor to legislature
The North Carolina House passed a bill Wednesday, just hours after it became public, that would take some power from the governor and give it to the legislature.
It is the latest move by the Republican-majority General Assembly to take power from Democratic Gov. Roy Cooper.
The bill would take control from the governor — and give it to the House and Senate’s top elected officials — to appoint seats on a community college board, a move that has been done before. It is a local bill, meaning it cannot be vetoed by the governor.
Senate Bill 256 would take four Rockingham County Community College Board of Trustees seats now filled through appointments by the governor and have them filled by the president pro tempore of the Senate and the House speaker, after they consult with the representatives and senators who represent those districts.
Senate President Pro Tempore Phil Berger represents Rockingham County. A few years ago, the legislature passed a similar law for Cleveland County’s community college, which is in House Speaker Tim Moore’s district.
Rep. Reece Pyrtle Jr., a Rockingham County Republican, said that the bill mirrors what legislators did in Cleveland County.
Democrats oppose the bill
Democrats, some of whom hadn’t even seen the bill until it came up for a vote, spoke against it.
Rep. Raymond Smith, a Wayne County Democrat, opposed the bill.
“I think this is a stepping stone towards removing the governor’s authority,” Smith said, noting there have been numerous related bills. He also asked Pyrtle if Cooper had been consulted about the potential change. Pyrtle said he was not.
Rep. Carla Cunningham, a Mecklenburg County Democrat, said that if the House wanted to make a change and “take away the authority of the governor, at least we could speak to his office and collaborate.”
The bill was fast-tracked through the House Rules committee and to the House floor, where it passed entirely along party lines, with all Republicans voting “yes” and Democrats voting “no.” It passed the House 61-40 and now goes to the Senate, where it is very likely to pass.
Berger told reporters on Wednesday that he discussed the bill with Pyrtle and agrees with him that “having more local input in terms of who the trustees for a community college are is a step in the right direction.”
“We noticed that a number of other local bills have done something similar in other communities over the past several years, and just felt like it was the right thing to do at this time,” Berger said.
Asked about taking power from the governor, Berger noted that the bill shifts control of some appointments to the Rockingham board from the local school system to the county commissioners as well. The school board’s appointments were reduced from four to two, with county commissioners getting more seats to appoint, from four to six. The board has at least 13 seats in all.
As far as any plans for other bills shifting control from the executive to the legislative branch, Berger said he would “take it on a case by case basis. I don’t have any others in mind at this time.”
The 2021 state budget signed into law by Cooper included a policy provision taking control from the governor and giving it to the legislature and Council of State over the length of states of emergency. That provision was in response to Cooper’s handling of coronavirus pandemic restrictions and takes effect in 2023.
North Carolina is still under a state of emergency issued in March 2020 because of the pandemic. Moore said he doesn’t think it makes sense, but there are no new plans to try to end it via legislative action.
“No one person should have that much authority,” Moore said. “We don’t have the votes right now to overcome a veto. I’ve been there before, I’ve got the T-shirt. There’s no reason to do that again.” Instead, he’s looking to the November election, when Republicans hope to retake a supermajority.
Berger, Moore will get to appoint trustees
Addressing why the next community college to change was in Berger’s Rockingham County district, Moore said: “Every now and then Sen. Berger has a good idea.”
Both Berger and Moore said the legislature is best positioned to make the appointments.
“The members of the legislature are closer to the people in the county and have a better sense of what the county’s needs are and are just in a better position to select folks,” Berger said.
Moore and subsequent House speakers will get to appoint two people to terms expiring in 2023 and 2025, and every four years from then on. Berger and future Senate leaders would do the same for terms expiring in 2022 and 2024, and every four years after that.
Rockingham Community College Board of Trustees Chair Scott Barham told The News & Observer in an emailed statement Wednesday evening that they were aware of the bill and “will support the ultimate decision that is made.”
“The RCC Board of Trustees historically has benefited from proficient local trustees who have made solid decisions in the best interest of the College and the community, and we expect that to continue,” Barham said.
Cooper spokesperson Jordan Monaghan said in a statement emailed to The N&O that Cooper “has made strong trustee appointments to this Board and other community colleges across the state.”
“To rip away this connection and input from the Governor’s Office will hurt Rockingham Community College in the long run, regardless of who the Governor or the Senator representing Rockingham County may be,” Monaghan said.
Berger and Moore both said they don’t know who they would appoint to the school’s Board of Trustees.
“There are so many good quality folks to pick from, it’s really very tough,” Moore said.
For more North Carolina government and politics news, listen to the Under the Dome politics podcast from The News & Observer and the NC Insider. You can find it at https://campsite.bio/underthedome or wherever you get your podcasts.
This story was originally published June 8, 2022 at 7:02 PM with the headline "Fast-moving bill would shift control of NC college seats from governor to legislature."
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