HJR 707: Joint Subcommittee Studying the Balance of Power Between the
Legislative and Executive Branches
August 22,
2005
The Joint Subcommittee
held its second meeting on August 22, 2005, to discuss the appropriate
role of the General Assembly in the appointment process of members who
serve on state boards and commissions with contractual or grant authority.
The forum was open to representatives of the boards and commissions to
comment on the advantages and disadvantages of adding legislative appointees
to the membership of these bodies.
APPOINTMENT PROCESS
William H. Leighty,
Chief of Staff to Governor Mark R. Warner, presented an overview of the
current gubernatorial appointment process and the number of appointments
made by the legislature to state boards and commissions. The appointment
process for the Governor begins with an extensive recruitment effort that
includes outreach to legislative members for recommendations and to citizens
through the Secretary of the Commonwealth's on-line application system.
The process includes a series of checks and balances to ensure that appointees
have the "wisdom, wealth, and work" experience needed for the
position. For example, in looking for wealth of experience, appointees
are evaluated for their knowledge and experience in conducting fund-raising
activities. The administration continues to oversee the ability of the
appointees to perform their duties. To acquaint members with their responsibilities
and scope of authority, the administration encourages agencies to provide
training for new board members. Because most board members serve under
staggered terms, new members also have the benefit of the experience of
seasoned members who bring perspective and history to the board meetings.
Anita Rimler, Secretary of the Commonwealth, added that the current administration
monitors members' attendance at board meetings. Board members who fail
to attend three meetings held during the year are removed routinely by
the Governor for absenteeism.
Currently, the legislature
has appointments on approximately 63 boards and commissions. Of the 1063
members who serve on these bodies, 416 members are appointed by the General
Assembly, 462 are appointed by the Governor, and 185 members are designated
ex-officio members or are appointed by another appointing authority. Legislative
appointing authorities include the Speaker, the Senate Committee on Rules,
and the Joint Rules Committee. All legislative members are appointed by
legislative appointing authorities to these collegial bodies, except members
appointed to the Chippokes Plantation Farm Foundation, the Military Advisory
Council, and the Tourist Train Development Authority, who are appointed
by the Governor.
COMMONWEALTH TRANSPORTATION
BOARD
The joint subcommittee
identified the Commonwealth Transportation Board (CTB) as a board of interest
for the possible transfer of some of the appointments to the legislature
because of the board's visibility and contractual responsibilities. The
CTB was created to establish the administrative policies for Virginia's
transportation system. The Board allocates highway funding to specific
projects, locates routes and provides funding for airports, seaports and
public transportation. The Board is comprised of 17 members: the Secretary
of Transportation, the Commonwealth Transportation Commissioner, the Director
of the Department of Rail and Public Transportation, and fourteen citizen
members appointed by the Governor. Nine of the 14 citizen members must
be residents of highway construction districts. The other five citizen
members are selected at-large from the Commonwealth, but must represent
as a group urban and rural interests.
The joint subcommittee
heard from two former members of the CTB who expressed support for the
current appointment process that gives the Governor the authority to appoint
all of the citizen members. Whitt Clement, former Secretary of Transportation,
stated that for policy boards like the CTB the General Assembly's focus
should not be on splitting the appointments between the Governor and the
legislature, because that would potentially divide the board on setting
policy objectives. Instead, the General Assembly should concentrate on
developing a vigorous confirmation process to serve as the primary check
on the Governor's appointment power. Although due diligence in the confirmation
process should be the legislature's first line of defense in the appointment
process, the time constraints of a part-time legislature place additional
challenges on exercising due diligence. Kenny Kling, a two-term member
of the CTB appointed by Governor Gilmore, echoed the comments of Mr. Clement
regarding the desirability of a unified Board to implement the policies
established by the Governor. However, he conceded that if the Governor
was allowed to succeed himself, then the appointment of the members on
the CTB should be examined more closely. He also asserted that the General
Assembly currently has legislative oversight of policy boards, including
the CTB, through control of their budgets in the Appropriation Act. Mr.
Kling advised the joint subcommittee to consider examining the highway
construction districts that were created in 1932 to determine if they
still represented the same communities of interest.
OTHER BOARDS AND
COMMISSIONS
In reviewing the
membership information on the boards and commissions with contractual
or grant authority, staff pointed to two irregularities with the terms
of the members of the Alcoholic Beverage Control (ABC) Board and the appointment
authority of the legislative members on the Chippokes Plantation Farm
Foundation. In the enabling legislation of the ABC Board, the terms of
the members are specified for five years. However, the enabling legislation
is inconsistent with § 2.2-106, which specifies that agency heads
serve at the pleasure of the Governor. The Attorney General has opined
that § 2.2-106 applied to the ABC Board and concluded that the net
effect of § 2.2-106 converted the fixed terms of office into terms
serving at the Governor's pleasure.
The irregularity
in the enabling statute for the Chippokes Plantation Farm Foundation is
that the legislative member is not appointed by a legislative appointing
authority.
NEXT MEETING
At the next meeting,
scheduled for September 19, 2005, the subcommittee will continue its discussion
of the appointment process by examining certain independent boards, authorities,
and bodies created by compacts. The subcommittee will also return to its
review of the revenue forecasting process.
Chairman:
The Hon. R. Steven
Landes
For information,
contact:
Ginny Edwards,
DLS Staff
Website:
http://dls.state.va.us/powers.htm
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