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The Texas Blue
Advancing Progressive Ideas

Appointment Strategy May Backfire on Government

The appointments system in Texas has turned into one big joke. It isn’t a funny joke because our state government depends in large part on the appointment process, and when the governor thumbs his nose at it, quality suffers.

State senators are finally complaining amid the realization that Gov. Rick Perry has done a complete end run around them. Almost 400 appointments have expired this year, but only a very small percentage have been replaced with new appointees or reappointed.

The reason is pretty simple. As long as no action is taken, the senators’ power of confirmation is null and void. Either the old appointee continues to serve as a holdover or the position sits empty.

The most glaring example is Ric Williamson. The Transportation Commissioner became roundly despised by many because of his constant push for more toll roads in Texas. That had some senators in both parties calling for his head on a platter, namely Republican Sen. John Carona who just happens to chair the Transportation and Homeland Security Committee.

At one point during the last legislative session, Williamson actually refused to meet with Carona, displaying a level of arrogance rarely demonstrated by one in an appointed position.

However, Williamson knew he could afford to treat a powerful chairman with such a lack of respect because he knew Perry would take care of him. Since he was doing the governor’s bidding on toll roads, Perry certainly wasn’t going to put him in a position where he would risk not being re-confirmed. So, when his term expired last February, the governor did nothing, and Williamson continues to serve as an untouchable holdover.

The opposite problem is faced by Texas Southern University. Its old board of regents didn’t have anyone to hold over. The board was disbanded by the governor last spring in hopes that new blood could help the institution recover from serious financial and oversight problems. Months later, the board is shy four members.

Senators appear to have had enough, especially with holdovers, and it will be interesting to see if support grows for a measure that died last session. There was a bill that would have ended appointments as soon as they expired or within 30 days, but some worried that would place too much pressure on the governor given the large number of appointed positions. Now it’s apparent something has to give.

Senate confirmation is the only way to guarantee checks and balances when it comes to appointees, many of whom hold very powerful decision making positions. If we’re going to continue to have a system that relies so heavily on appointments made in a timely fashion, everyone has to play by the rules — rules that seemed to suffice and not cause much debate in any previous administration.

Since Gov. Perry has found a way around the rules, it will be up to the legislature to change them. Interestingly, some say his failure or refusal to properly tend to appointments was a way to amass more executive power. But if the senate responds as expected, he could end up losing more than he could have ever hoped to gain. Now that would be funny.


(Originally published by Examiner Newspaper Group)

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