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Cooper names more picks Cooper names secretary nominees for Health and Human Services, Veterans Affairs He nominates federal official, lawmaker to cabinet

Winston-Salem Journal - 1/14/2017

Gov. Roy Cooper has selected a federal Medicare and Medicaid official, Dr. Mandy Cohen, as his nominee for state health secretary.

Cooper also said Friday he has nominated Rep. Larry Hall (D-Durham) as secretary of the state Department of Veterans and Military Affairs.

Cooper has disclosed nominees for seven of his 10 cabinet secretaries. His office said he expects to name the others next week.

The path remains unclear for how and when the cabinet secretaries will begin their duties.

On Tuesday, Cooper, citing an "unprecedented" legislative effort to interfere with his duties, expanded his lawsuit against Republican leaders to include more elements of House Bill 17.

The amendment, filed in Wake Superior Court, claims elements of HB 17 and Senate Bill 4 violate the state Constitution. Cooper is requesting a preliminary and permanent injunction.

Cooper's lawsuit challenges HB 17's requirement of Senate advice and consent for the governor's cabinet secretaries, which was not required with previous governors.

According to the lawsuit, Cooper has until May 15 to submit cabinet secretary nominees to the Senate if the law is upheld as constitutional. Cooper has said the advice and consent element of HB 17 could persuade potential nominees to take themselves out of consideration.

Cohen most recently served as chief operating officer and chief of staff at the Centers for Medicare and Medicaid Services. Her duties included implementing national policies for Medicare, Medicaid, the Children's Health Insurance Program and the federal health insurance marketplace.

Cooper said Cohen's "background as a doctor and common-sense problem solver makes her the right person for the job at the right time."

Cohen said her goal as the head of the N.C. Department of Health and Human Services is "working with leaders in the state to bring economic prosperity and health to all people in North Carolina."

Cooper is taking a calculated risk with Hall as his nominee for veterans and military affairs secretary. Hall has been among the most vocal Democratic legislators in opposition to GOP leaders' legislative agenda, such as voter ID, House Bill 2 and redistricting. He served two terms as House Minority leader.

Hall served 16 years as a commissioned officer in the Marines and the Marine Corps Reserves.

"Larry Hall is a true public servant who understands the issues facing North Carolina military service members and veterans, both from personal experience and as a policy maker," Cooper said.

Sen. Joyce Krawiec, R-Forsyth, said Cohen and Hall "appear to be outstanding nominees."

"I have not had the privilege to get to know Dr. Cohen, but her qualifications are outstanding. I do know Rep. Hall, and his background and former service makes him uniquely qualified for this position."

On Thursday, Cooper nominated Tony Copeland, a former assistant Commerce secretary in the Beverley Perdue administration, for Commerce secretary. Cooper also selected Machelle Sanders to lead the state Administration Department, which serves as the business manager for state government.

The other secretary nominees are Michael Regan for Environmental Quality, Jim Trogdon for Transportation and Erik Hooks for Public Safety.

Departments without secretary nominees are Chief Information Officer, Natural and Cultural Resources, and Revenue.

Cooper's attorneys claim in his amended lawsuit that the Senate advice and consent clause of HB 17 only covers constitutional officers such as Council of State members.

They argue that statutory officers, such as cabinet secretaries, are beyond the advice and consent edict. The attorneys say an amendment to the state Constitution, which requires voter approval, is necessary to give that consent role to the Senate.

Cooper's attorneys said a legal precedent was established in the 2014 lawsuit involving McCrory vs. Berger.

In January 2016, the N.C. Supreme Court ruled that the General Assembly took powers away from the executive branch by permitting its leaders to appoint most of the statutory members on three environmental regulatory commissions.

rcraver@wsjournal.com (336) 727-7376 @rcraverWSJ