NC Auditor’s powers could expand again under new bill

New legislation would allow State Auditor Dave Boliek to work more closely with prosecutors and law enforcement agents during investigations — the latest of several efforts in recent months to expand the auditor’s powers. 

A Senate committee on Wednesday gave preliminary approval to Senate Bill 1013, which includes a list of policy changes requested by Boliek’s office. Among the requests: that the auditor's office gain the legal flexibility to enter an agreement with the state Conference of District Attorneys, potentially allowing prosecutors to work on cases flagged by the auditor’s office. Agents with the State Bureau of Investigation could also work with Boliek's office. 

The auditor already works with prosecutors and SBI agents, a partnership that Boliek’s office credits with the recent indictment of Pilot Mountain’s former town manager for embezzlement. 

“The proposed changes will streamline resource allocation between our office and the SBI and Conference of District Attorneys, providing greater support in efforts to crack down on government waste, fraud, and abuse,” Randy Brechbiel, a spokesman for Boliek, said in a statement. 

Representatives for the SBI and Conference of District Attorneys didn’t immediately respond to a request for comment. 

The bill would also allow the auditor’s office to hire independent analysts to assist in its effort to investigate the state’s Medicaid program for waste and fraud. 

The majority of Medicaid funding comes from the federal government, but the state’s portion still costs billions of dollars every year. The state’s Medicaid costs are rising partly because of inflation and partly because the state expanded its program in 2023. Republican legislators want to investigate possible waste and fraud. They’ve pointed skeptically toward a surge in payments for autism therapy, which have more than doubled — prompting suspicions of fraud.

The bill would also exempt the auditor’s office from the Department of Administration's oversight on “matters of purchasing, contracts, acquisition and maintenance of real property, and leasing of office space.” Boliek is a Republican. Gov. Josh Stein, a Democrat, controls the Department of Administration. Sen. Tim Moffitt, R-Henderson, said the exemption is needed to protect the auditor’s ability to investigate state agencies without interference. 

“If [auditors] are currently auditing the Department of Administration, there would be a perceived conflict, Moffitt said. So this does give the auditor some flexibility to make a determination on their own, when it comes to state procurement practices.”

Brechbiel, the Boliek spokesman, said the auditor’s office recently waited 13 months for the DOA to approve a commercial lease. The exemption, he said, “will allow our office to negotiate better prices when seeking contracts or property, and on a more productive timeline. Council of State approval will still be required for certain purchases. Expenses will still be published on our online budget dashboard, upholding our commitment to being transparent with taxpayers of North Carolina.” 

A representative DOA didn’t immediately respond to requests for comment. In a statement to WRAL, Stein's office said it is reviewing the bill, adding: "Exemptions like these are inefficient and cost taxpayers more. The Stein Administration will continue to focus on improving efficiencies and lowering costs.”

Senate Bill 1013 is the latest of several efforts by state lawmakers to expand Boliek’s powers since 2025, when he became the first Republican to lead the office in 15 years.

Last year, legislators expanded the auditor’s existing abilities to investigate state agencies and entities that are publicly funded. The auditor can now demand access to databases, datasets and digital records needed “for any purpose within the authority of the auditor, including performing audits of any type, assessing government efficiency, risk assessment, fraud detection, audit planning, and evidence gathering.” Stein opposed the bill, saying: “Giving the auditor this intrusive power may undermine our state’s efforts to recruit businesses to North Carolina.” 

Also last year, legislators tasked Boliek with finding state government jobs that could be cut, an undertaking similar to that conducted by the federal Department of Government Efficiency, or DOGE. In January, Boliek announced that his office found that nearly 9,000 of the state’s 79,800 positions — about 11% of the state government workforce — had been vacant for six months or longer as of August. Those empty seats vacant jobs are valued at a combined $1.04 billion for state agencies, he said.

Shortly after Boliek’s election win in 2024, Republican legislators gave his office control over the state Board of Elections. The governor had been in charge of elections in North Carolina for more than a century, and multiple other GOP-backed efforts to take that power away from former Gov. Roy Cooper were either struck down as unconstitutional in court or shot down at the ballot box by voters. 

The recent Board of Elections transfer —which takes power to appoint election officials from Stein and gives it to Boliek — was also blocked in court as unconstitutional. But the Republican-majority state Court of Appeals allowed the switch to take place regardless, while the lawsuit moves forward. The appeals court heard no arguments, didn’t say which judges were involved in the ruling, and provided no explanation for its decision.