IT HAS BECOME an article of faith that Gov. Mark Sanford is
trying to take power away from the General Assembly and give it to
the governor. But it's at best a stretch, at worst a
mischaracterization.
Would government restructuring give more power to the governor?
Certainly. Would it make the governor more powerful than the
Legislature? In a state where the Legislature writes the budget and
appoints the judiciary? Not on your life. In fact, it's quite
possible that it would actually give more power to the
Legislature.
The governor would primarily gain power now held by
constitutional officers and by, essentially, nobody. In return, the
Legislature would get a say in some areas where it now has no say at
all.
Letting the governor appoint the superintendent of education,
agriculture commissioner, adjutant general and treasurer would
certainly diminish the power of those officials, who now are
separately elected. And a change that should accompany those --
eliminating the State Board of Education and the Agriculture
Commission -- would take power from the Legislature, which appoints
the board members. But those boards aren't very powerful, and any
loss of legislative authority in this area would be more than offset
by the fact that the Senate would have to confirm the governor's
appointments of the former constitutional officers.
It's nearly as much of a stretch to say giving the governor
control of other state agencies disempowers the Legislature.
Contrary to popular belief, the vast majority of state agencies are
controlled by boards whose members are appointed by .‘.‘. the
governor.
Combining those agencies, and even eliminating the boards that
oversee them, would in no way diminish the Legislature's power. It
would, however, increase the governor's power, because he would not
have to jump through hoops to make management changes or in other
ways see to it that the agencies are carrying out his vision of
government. That means when things go wrong at the Department of
Mental Health or the Commission for the Blind or ETV, the governor
could make immediate changes to right the situation. No organization
can operate smoothly unless someone has that authority.
In some cases, the governor is not allowed to remove the agency
directors and board members he appoints unless they break the law or
refuse to do their job or commit one of a handful of other
governmental sins. With a few exceptions, that needs to change;
again, so that someone can set policy and fix problems.
The Legislature does appoint most board members for a few
agencies, most significantly the Transportation Department, the
lottery commission and the colleges and universities.
But Mr. Sanford hasn't proposed to change the makeup of college
boards. Rather, he wants to strengthen the coordinating Commission
on Higher Education (whose members he already appoints), turning it
into a governing Board of Regents to oversee the college boards.
Beyond that (and more importantly), legislators' control over any
board they appoint is really only on paper, for two reasons: First,
legislators appoint members for fixed terms and can't fire them.
Second, even when board members' terms expire, the only way
legislators can actually exercise control is if a majority of them
agree to replace a majority of board members with new board members
who will do their bidding. That simply does not happen. The result
is that while individuals might be replaced from time to time, for
all practical purposes, these boards operate autonomously.
The Budget and Control Board is a little more complicated. The
board is the governor, the treasurer, the comptroller general and
the chairmen of the Legislature's budget-writing committees. It's
also an 1,100-employee state agency that oversees everything from
human resources and information resources to procurement and budget
estimates. Gov. Sanford wants to turn the administrative functions
of the agency into a Cabinet department, thus diminishing the
Legislature's authority. But he would greatly expand the
Legislature's authority by taking the treasurer and comptroller off
the board and retaining the new three-member board's role in
overseeing the budget office and the BEA and handling mid-year
budget cuts.
The problem with having all these autonomous agencies -- whether
they're headed by statewide elected officials or by boards appointed
by the governor or by the Legislature -- is that they have no
incentive to put the best interests of the entire state ahead of
their own interests. That's an especially noticeable problem now,
when every agency is lobbying to save itself from budget cuts,
rather than acknowledging that some agencies are more important than
others.
Putting the governor in charge of these agencies means someone
responsible for the entire state will be making policy decisions.
But most of those decisions won't be carried out unless and until
they are approved by the Legislature, whose budgetary power alone is
enough to ensure that it never has to worry about a governor being
too powerful.