Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, July 7, 1994 TAG: 9407280005
SECTION: VIRGINIA PAGE: A16 EDITION: METRO
SOURCE: Associated Press
DATELINE: RICHMOND LENGTH: Medium
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 Plum of Reston and Sen. Joseph Gartlan Jr. of Fairfax County said the appointments expired because they were not communicated to the General Assembly in time for them to confirm them within 30 days as required by the state constitution.
Plum and Gartlan are chairmen of 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 snafu 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 Jim Gilmore 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 on 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.
After the April 20 veto session, the General Assembly went into special session to consider a settlement in the federal pension tax lawsuit. Unable to reach agreement, lawmakers recessed until Wednesday, when they returned to Richmond to take up the issue again.
Plum said that instead of adjourning after the pension tax case is settled, General Assembly leaders plan to again recess so appointments made since April 20 can be considered.
In their letter, Gartlan and Plum asked Allen to provide appointees' resumes and economic disclosure statements. ``We cannot consider these appointees without this material,'' they wrote.
Democrats have criticized Allen's wholesale dumping of established agency and department heads.
But Plum denied any partisan motives in pointing out Allen's mistake.
``The whole attitude that has prevailed shows disregard for the constitution and for the people who've held these positions,'' Plum said.
``We're not trying to kill these appointments, but you've got to follow the constitution,'' he said.
Plum said Democratic leaders' willingness to recess the current special session so the bulk of Allen's appointments can be considered shows their ``good faith'' in working with the administration.
Said Sen. Joseph Benedetti, R-Richmond: ``It seems to me a little strange they'd wait until July 5 and make sure the press got hold of the letter.''
Keywords:
GENERAL ASSEMBLY 1994
by CNB