North Carolina Treasurer Brad Briner is fighting Gov. Josh Stein over the right to make an appointment to the North Carolina Utilities Commission, which regulates the state's public utilities.
A law passed in December awards the treasurer the right to name one of five members of the commission. Two others are to be appointed by Stein and one each by the state's House of Representatives and Senate, the respective leaders choosing the nominee. Prior to the law the governor had the power to appoint three rather than two members.
Stein says the state's constitution prohibits the legislature from granting the treasurer that power.
Briner filed a motion Wednesday to intervene in a suit filed by Stein against Speaker of the House Destin Hall and Senate President Pro Tempore Phil Berger in the Wade County General Court of Justice, Superior Court Division on this matter.
Briner, Hall and Berger are Republicans and Stein is a Democrat. Stein and
"The people of North Carolina elected me to serve as treasurer and to execute the duties associated with that office," said Briner. "Of course, I respect the governor's own role and responsibilities, but he is wrong and we will fight to ensure that we can carry out the work North Carolinians elected me to do and need us to do."
The partisan struggle over the commission is similar to one over the state board of elections. In a bill passed late last year the legislature shifted the right to appoint board members from the governor to State Auditor Dave Boliek, a Republican.
State Democratic Chair Anderson Clayton denounced the bill as unconstitutional, according to
