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No quiet exit for Nick Mackey

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By Mark Johnson
mjohnson@charlotteobserver.com

RALEIGH - Rep. Nick Mackey is not going out quietly.

Mackey, who lost the Democratic primary and his law license earlier this month, is blocking legislation requested by Mecklenburg officials and supported by every other legislator from the county, both Republican and Democrat.

On the House floor Tuesday, he objected to the final vote on an education bill that Democrats, including Gov. Bev Perdue and House Speaker Joe Hackney, had made a priority because it is intended to boost a state application for federal funds. The vote was delayed until Wednesday because of Mackey's move.

"My sense is he's not trying to make (Mecklenburg legislators' work) any easier," said Rep. Becky Carney, a Charlotte Democrat, "but I'm not sure why."

Asked if he was venting anger over his primary defeat, Mackey said he has specific objections on the bills he has halted or slowed.

"I've given the exact reasons," he said Wednesday. "If those aren't good enough for some people, I can't help that."

Lawmakers are in the even-year "short session" of the legislature, intended primarily to adjust the state budget. Non-budget bills are kept to a minimum. One method of doing that is requiring that local bills have unanimous support of lawmakers in the affected towns or counties. With rare exception, Mecklenburg's legislators from both parties have worked together and backed local bills.

Mackey is refusing to sign off on a Mecklenburg bill that, among other steps, would allow solar panels on the roofs of some county buildings.

Mackey said he objected because the work won't go out for a competitive bid, which he said decreases transparency.

Mackey also won't sign off on a bill that adds members to the Board of Equalization and Review to deal with an expected spike in appeals of property assessments after the county's revaluation. Mackey said county officials told him the bill expanded the board from nine to 15 members but the bill itself doesn't specify the new size of the board.

"It gives them free rein to do what they like," he said. "It's too broad of a change."

Absent in the delegation

Other Mecklenburg lawmakers expressed puzzlement at Mackey's objections. He did not attend two meetings in Charlotte, on April 26 and May 3, when county and city officials outlined their bills and offered an opportunity to address concerns.

Sen. Dan Clodfelter, a Democrat and chair of the county delegation, e-mailed delegation members before a May 19 meeting in Raleigh asking them to attend or express any objections beforehand.

Mackey e-mailed delegation members on May 18 asking for copies of local bills. Copies of the bills were available at the May 19 breakfast meeting, but Mackey didn't attend.

"I'm not going to sign something I haven't read," Mackey said Wednesday.

He later received copies of the bills, and signed off on bills for Charlotte and Matthews but not the two county bills.

Clodfelter asked county officials to contact Mackey about the bills, and they did.

One-term legislator

Mackey lost the May 4 Democratic primary, effectively ending his legislative career after one term.

The defeat followed accusations by fellow Democratic Rep. Beverly Earle that Mackey recruited opponents to run against Earle, Carney and Sen. Malcolm Graham in the Democratic primary.

The discord dates back to those legislators' refusal to support Mackey's successful primary campaign against then-Rep. Drew Saunders, a Democrat, in 2008.

"We're all aware of the history in Mecklenburg County," said Rep. Hugh Holliman, a Lexington Democrat and House majority leader, but he did not criticize Mackey's objection to the education bill Tuesday.

Holliman described the episode as part of the process that caused "aggravation for some."

The day before this month's primary, the N.C. State Bar suspended Mackey's law license for two years in a case that bar officials said involved "acts of dishonesty," "a pattern of misconduct" and circumstances reflecting Mackey's "lack of honesty, trustworthiness, or integrity." The case involved Mackey's failure to disclose information on both unpaid taxes and a misconduct investigation, as well as his failure to properly handle an adoption.
 

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May 24, 2012
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