Santee Cooper bill
reflects instinctive opposition to executive
power
By CINDI ROSS SCOPPE Associate Editor
LEGISLATION THAT is suddenly racing through the State House
offers a revealing look at just how deeply ingrained in the
legislative mindset is opposition to the idea that a governor — or
anyone, for that matter — should be able to set state policy.
The bill strips governors of one of their hard-fought rights to
decide who serves on state boards.
If it becomes law, gubernatorial appointees to the boards that
run Santee Cooper and the State Ports Authority will serve for fixed
terms, unless they break the law or can be proven to be incompetent
or have some similar demonstrable shortcoming.
That means that if those boards take actions the governor does
not feel are in the best interest of the state, he would be unable
to do anything about it until board members’ terms gradually expire.
Nor could the Legislature take corrective action.
This may seem like a minor change: It affects only two agencies,
and they have always been allowed to operate far more independently
than even the most autonomous “regular” agencies. Supporters say
they need to be shielded from the vagaries of politics in order to
compete successfully in the business world.
While I don’t buy that argument, it’s easy enough to see why even
the strongest advocates of accountable government might. But what
makes the nearly unanimous support of this legislation noteworthy is
the context in which it has emerged: For the first time in a decade,
a governor is campaigning to retool our 19th century government to
meet the needs of the 21st century, by allowing the chief executive
to run the executive branch of government, as chief executives do in
other states. It is at this moment that legislators start scurrying
to correct a “problem” they’ve known about for four years.
Some background is in order.
A decade ago, the Legislature consolidated several agencies and
put the governor in control of 11 of them. But even critics of
restructuring realized this would not do enough to address the
problem of an unaccountable government composed of largely
autonomous agencies working at cross-purposes. So they also said
governors could fire just about any board member they appointed. A
few sensitive exceptions were carved out, such as the ethics and
election commissions.
This has been a largely ignored power (and, in my view,
insufficiently employed, resulting, for instance, in governors
pretending they have no power to force change at agencies where they
are empowered to summarily replace the entire governing board).
Indeed, most people never realized the power existed until then-Gov.
Jim Hodges replaced John Rainey as chairman of Santee Cooper. Mr.
Rainey sued, arguing that an old law giving Santee Cooper board
members seven-year terms applied.
In the summer of 2000, the Supreme Court ruled that the law means
what it says, and the governor can fire board members for any cause
or for no cause. A few people groused, and there were a few
perfunctory attempts to rescind this power. But nothing was changed,
and no serious damage appears to have been done to our state. Then
suddenly this spring, efforts to strip governors of the power to
replace Santee Cooper board members sprang to life.
No one seems to believe this is designed to signal the governor
that his attempts to empower the office of chief executive will not
go unpunished. The proximate cause likely is the outrage of some
Lowcountry legislators to the fact that Gov. Mark Sanford persuaded
the Santee Cooper board to donate $13 million to the state to help
balance the budget. But that outrage seems limited, and certainly by
itself can’t explain why no one in the House even questioned the
change, and just two senators voiced opposition.
Rather, it seems difficult not to conclude that this acquiescence
to weakening the governor reflects an instinctive belief in the
Legislature that governors shouldn’t be meddling in the business of
state agencies — a theory that is bolstered by House Judiciary
Chairman Jim Harrison’s suggestion that the bill passed the House
primarily on inertia.
Mr. Harrison told me he “didn’t hear any outrage or praise” of
the bill when it came before his panel. The governor’s office asked
for time to review it, which he granted, but neither the governor
nor anyone else ever raised any objection. It sailed through the
House two weeks ago with no debate.
“Very few people cared about it at all,” Mr. Harrison
recalled.
Things weren’t so collegial in the Senate. When a similar bill
came up for debate earlier this month, Sens. Greg Ryberg and Greg.
Gregory objected to its consideration. That normally kills a bill,
unless it has overwhelming support and is considered a top priority
among other senators.
But on Thursday, when Mr. Ryberg stepped out of the chamber for a
few minutes, supporters bobtailed it onto another bill and passed it
— an astonishing breech of the “senatorial courtesy” that is a
hallmark of that body.
Mr. Ryberg’s opposition to the legislation was straightforward:
“To me, this is contrary to where we’re trying to get South Carolina
government.”
It’s certainly contrary to where Mr. Ryberg and Mr. Gregory and
Mr. Sanford and countless people outside the State House are trying
to get South Carolina government. But with each passing day, it is
becoming more and more clear that many legislators have no intention
of traveling that path.
Ms. Scoppe can be reached at cscoppe@thestate.com or at
(803)
771-8571. |