THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Thursday, July 7, 1994 TAG: 9407070487
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: RICHMOND LENGTH: Short : 47 lines
Dozens of appointments by Republican Gov. George Allen may be in legal limbo because he failed to give their names to the General Assembly in a timely fashion, two Democratic committee chairmen said Wednesday.
Among the appointments that have been questioned are directors of several high-profile agencies, including the State Police and the Department of Corrections. The five-member Parole Board also is on the list.
In a letter to Allen dated July 5 and made public Wednesday, Del. Kenneth R. Plum of Reston and Sen. Joseph V. Gartlan Jr. of Alexandria said the appointments expired because they were not communicated to the General Assembly in time to be confirmed within 30 days as required by the state constitution.
Plum and Gartlan head the House and Senate committees that recommend confirmation of gubernatorial appointments.
The 39 appointments in question were made between the March 13 adjournment of the 1994 General Assembly and the April 20 veto session. Appointments made while the assembly is not in session must be given to the lawmakers when they return. Legislators then have 30 days to confirm the appointments.
``We just got the list a few days ago,'' Plum said in an interview.
The mistake raises questions about whether the appointees can perform their official duties, he said. ``Can they sign contracts and do the other things agency heads do? I don't know the answer to that,'' Plum said.
Also unclear is whether Allen can resubmit the appointments. Plum said a previous attorney general's ruling indicates he cannot, but ``the governor probably wouldn't have any trouble getting a more favorable ruling now.''
Attorney General James. S. Gilmore III is a Republican.
Allen spokesman Ken Stroupe said he had not seen the letter and could not comment on it.
The hundreds of appointments Allen has made since April 20 can still be acted upon because the General Assembly officially has been in session since then, Plum said. The constitution says appointments made while the legislature is in session must be acted on before adjournment.
KEYWORDS: APPOINTMENT by CNB