Frustrated, angry and at the end of his rope,
the royal governor of South Carolina in 1748 wrote regarding his power to
make executive decisions, "Thus by little and little, the people have got
the whole administration into their hands."
He would not be the last governor, royal or not, to express such
sentiments.
South Carolinians have long held suspicions about placing too much
power in the hands of an executive branch, any executive branch, even in
their own state.
It's a belief that formed in the mid-18th century and strengthened
after the Civil War as whites in power sought to consolidate their power.
Times have changed and priorities have shifted, but the philosophy
survives.
The issue of how much power a governor should have has re-emerged after
a new report by the Governor's Commission on Management, Accountability
and Performance that calls for comprehensive changes in state government.
The report, which projects annual cost savings of about $300 million,
had several findings, but perhaps the most controversial were its
recommendations to do away with a minimum of three constitutionally
elected offices: secretary of state, superintendent of education and
adjutant general.
According to the report, the superintendent of education and adjutant
general should become Cabinet positions appointed by the governor with the
advice and consent of the Senate. The secretary of state would be
eliminated and its duties rolled into the Department of Revenue.
South Carolina ranks in the bottom five states nationwide when it comes
to the power of the governor. Nine elected offices share the powers of the
executive branch.
Gov. Mark Sanford has listed government restructuring as one of his
three big issues for the upcoming Legislative session, along with school
choice and small-business concerns. But there is a legitimate question as
to whether such a major move can be accomplished, especially by the 2004
goal set in the MAP commission report.
There is ample opposition and a mountain of history to overcome. But
with the state struggling through one of its worst budget crises ever, the
governor says the time for change may be now.
There is some evidence to back this up. The state's first round of
restructuring occurred under the administration of former Gov. Carroll
Campbell. The door for that restructuring opened after the fallout of
"Operation Lost Trust," a scandal involving widespread vote buying in the
state Legislature.
Sanford sees in the current crisis another such door.
"As horrible as this crisis is, and it is a profound mess, there is
receptiveness for change that would not be there without it," he says. "It
really takes something external for a change like this to have a shot."
ORIGIN OF WEAK GOVERNOR
South Carolina, like much of the Deep South, has an aversion to
executive power, an aversion that predates the Revolutionary War.
During the 1700s, in a concerted effort to bypass the authority of
English-appointed governors, the people of the state placed the majority
of power into the hands of the Legislature.
Their efforts helped neutralize the royal governor, but the byproduct
was a government splintered into many seats of power, each ruled by
different interests.
"It's like that drawing of two mules pulling one wagon in different
directions," says Walter Edgar, author of "South Carolina: A History" and
a professor of history at the University of South Carolina. "At that time,
the Legislature represented the people against the tyranny of the Crown."
This system remained in place for more than 100 years until former Gov.
Ben Tillman took office in 1891.
"Tillman proceeded to create a situation that served to weaken the
office of the governor even more," Edgar says. "He created fiefdoms for
his friends, and the state has been a mess ever since."
The Constitution of 1895, which many say was specifically designed to
disenfranchise black voters, cemented the Legislature as the ruling body
of government in South Carolina.
Left in its wake was a governor's office hamstrung at best, gelded at
worst.
The governor could serve only two consecutive two-year terms and held
but a fraction of control over an executive branch spread out among eight
other elected positions -- all of which could be held for an unlimited
amount of time.
The term in government for such a condition is "weak governor state,"
and South Carolina is among the weakest. It shares that honor with North
Carolina, Texas, Louisiana and Alabama.
"The trend in the 20th century is to have a managerial form of
government, where the governor is very strong, like the CEO of a company,"
says Bill Moore, a political science professor at the College of
Charleston. "Much of this trend is linked to greater demands being placed
on state government and the feeling that one person needs to be held
responsible."
Hawaii, Maryland, New York and Pennsylvania are among the states with
the strongest governor's offices.
In such states, a governor has the power to implement his ideas and the
burden of answering for them.
For example, nearly every governor campaigns on education. It is often
more than half a state's budget and is usually the hot-button topic for
voters.
In states with strong governors, the superintendent of education is
appointed and required to follow the governor's instructions. In weak
governor states, the most a governor can do is lobby for his plan.
Sanford ran on education reform and school choice. His ability to
implement such a philosophy depends solely on his ability to get the
Legislature and Superintendent of Education Inez M. Tenenbaum to work with
him.
LAYERED AND 'BYZANTINE'
Moore says the problem with the weak governor form of government is it
often leads to inefficiency, overspending and poor accountability. And
many people would argue that is exactly what happened in South Carolina.
In fact, many people have.
In the past 80 years, counting the MAP report, 14 different proposals
for government restructuring have reached Columbia. And each died a quick
death. Until 1993.
That year, as a result of the public outcry over "Operation Lost
Trust," then-Gov. Campbell was able to push through constitutional changes
that gave some strength to the office.
The Restructuring Act of 1993 created 13 cabinet agencies that fell
directly under the supervision of the governor. Where the state had 145
autonomous state entities, boards and commissions, that number eventually
was reduced to the 55 that exist today.
While the act did strengthen the governor's office, it did not address
the proliferation of constitutionally elected officers who wield some of
the executive branch's power.
Along with the governor, the state elects a lieutenant governor,
secretary of state, adjutant general, attorney general, commissioner of
agriculture, superintendent of education, comptroller general and state
treasurer.
"And the sad thing is most people, probably less than 1 percent, could
name the people who hold these positions," Moore says. "These are
officials who can serve unlimited terms, and most people just don't pay
attention to them."
The MAP commission report pulls no punches when it comes to describing
the state's current setup. Members found South Carolina in an
"unbelievable condition." They said state government was "grossly
fragmented," "laden with layers of duplication" and "Byzantine in the
delivery of certain services."
"For example," the report reads, "we found over 70 separate accounting
systems that cannot share financial information between key agencies. We
found over 8,000 buildings, comprising 60 million square feet, with no
central authority to make management decisions. We found an agency (the
Department of Social Services) paying over $2,000 per month in cab fares
to transport a constituent to a minimum wage job."
In the end, the commission made multiple recommendations, which they
believe would result in $225 million in savings this year and $300 million
annually.
The commission's findings didn't surprise Sanford, who had been
considering government reconstruction since he decided to run for governor
last year.
"What I found when I started looking into it was surprising," he says.
"South Carolina was operating at 130 percent of the U.S. per capita
average for state government. That stood out to me. I had always thought
of us as a conservative government. But what I found was that a
legislative-run government causes a lot of duplication. That's a problem.
For good government, you need someone at the head watching out for how the
store is being run."
In truth, the MAP commission stops short of Sanford's goal, which is to
roll nearly all of the constitutionally elected offices into cabinet
positions.
"I'm for the whole enchilada," he says. "I would ask for everything
administrative to go under the executive branch. The lieutenant governor
should run on the same ticket as the governor, and only the attorney
general, state treasurer and comptroller general should be elected.
Everything else becomes governor appointed."
THE OPPOSITION
But even the governor admits such a vision will be hard to sell to the
Legislature. The power of status quo is a hard thing to overcome, and it
doesn't help when almost any opposition can kill restructuring before it
starts.
It often takes only one person to put the brakes on an agenda in the
Senate, and state Sen. John Hawkins, R-Spartanburg, has vowed never to
allow the adjutant general to become an appointed office.
In the House, there seem to be leanings toward change, but not radical
change.
Speaker of the House David Wilkins, R-Greenville, currently has two
bills that deal with government restructuring. One proposes the
establishment of a Department of Administration, and the other proposes
the elimination of four constitutionally elected offices: comptroller
general, state treasurer, secretary of state and superintendent of
education.
"I am in favor of further restructuring, but I think it will have to be
done incrementally," Wilkins says. "I don't think it will be a wholesale
change like what occurred under Campbell. I think the idea to put the
superintendent of education in a cabinet position has strong support, but
the other two will have a tougher road."
As for the individuals who currently hold the positions in question,
support for the idea runs from lukewarm to dead-set against.
"I traveled this state for two years, and I have met just as many
voters as anyone, and I truly believe our people want to continue voting
for their officials," says Secretary of State Mark Hammond. "I don't think
the people of South Carolina want to use the federal government as a model
for their state government. If this happens, it will add to the
bureaucracy, not do away with it."
Hammond says the secretary of state's office has gone from employing 41
people and costing $1.4 million in 1991 to employing 27 people and costing
$960,000 this year.
"And for the state's $960,000, we bring in $3.8 million," Hammond says.
"That's accountability."
Former Secretary of State Jim Miles once ran for the office on a
platform of doing away with the position. And while he won, the
Legislature never made the change. Miles said he still supports
restructuring 100 percent.
The state's current adjutant general, Maj. Gen. Stanhope Spears, did
not return calls regarding this issue. South Carolina is the only state in
the U.S. to elect the position of adjutant general.
Superintendent of Education Inez M. Tenenbaum, currently a candidate
for the U.S. Senate, has voiced mild support for the idea. "If you look at
the majority of other states, it is an appointed position," she says. "I
see merit in both ways."
Tenenbaum says that forcing superintendent candidates to run for
election forces them to meet and listen to the people in the state. But
she admits that such a process is costly and sometimes prevents qualified
candidates from running.
While she acknowledges that having a superintendent appointed by the
governor does allow a governor more control to institute ideas for
education reform, she says allowing the position to remain elected gives
the superintendent a bully pulpit from which to lobby for more funding.
"If appointed, the superintendent would be more beholden to the
governor," Tenenbaum says. "But in the end, I think the idea should be put
on the ballot and let the people decide."
For any of this to become reality, it would have to pass through the
Legislature by a two-thirds vote and then be put on the ballot for a vote
by the people.
No easy task, but Sanford says nothing good comes easily.
"What we have in South Carolina is management by committee," he says.
"And when groups of people are held responsible, that ultimately means no
one is held responsible. We may not be able to get all of this now, but
half a loaf is better than nothing. Politics is incremental change. You
move slowly at times, but the thing is to keep moving forward."
THE PANEL
The Governor's Commission on Management, Accountability and Performance
was created by Executive Order 2003-15 issued by Gov. Mark Sanford on June
10. It's a bipartisan panel of 12 private sector leaders and two
ex-officio members.
Modeled after President Reagan's Grace Commission, its stated goal was
to determine how government could be more productive, efficient and
cost-effective.
MEMBERS INCLUDE:
-- KENNETH B. WINGATE (CHAIRMAN). Managing partner of Sweeny,
Wingate & Barrow P.A. in Columbia.
-- CARL OWENS FALK. President of Falk-Griffin Foundation on
Pawleys Island. Former founder and president of Global Trading Web and
senior vice president of Commerce One.
-- JENNIE M. JOHNSON. President of JMJ Partners in Greenville.
Former president of Liberty Insurance Services Corp. and Pierce National
Life Insurance Co.
-- FLOYD L. KEELS. President and chief executive officer of Santee
Electric Cooperative Inc. in Kingstree.
-- JOHN H. LUMPKIN JR. President and chief executive officer of
Edens & Avant Real Estate Services in Columbia.
-- HARRY M. MILLER JR. Executive vice president of planning and
development and director of Comporium Group in Rock Hill.
-- JOHN W. PETTIGREW JR. Manager of Pendarvis Chevy/Olds in
Edgefield. Former mayor of Edgefield and former member of state
Development Board.
-- BARBARA RACKES. Founder and president of The Rackes Group in
Columbia. Former president of Syneractive and Levity Technologies.
-- DR. EDDIE M. ROBINSON. President of Midlands Veterinary
Practice in Irmo. President of USC's Small Business Development Center
Advisory Board and president of Clemson University Alumni National
Council.
-- STEWART H. RODMAN. Founder and principal of Ambac
International and chief executive officer of five subsidiary investment
companies. Former operations director of United Technologies Corp. Diesel
Systems, operations director of Fruehauf, senior consultant at Touche
Ross, and manager at Ford Motor Co. Resides on Hilton Head Island.
-- SAMUEL J. TENENBAUM. Former vice president of Chatham Steel
Corp. Member of several boards and commissions. Resides in Lexington.
-- WILLIAM M. WEBSTER IV. Co-founder and chief executive officer
of Advance America in Spartanburg.
-- LT. GOV. ANDRE BAUER. (ex officio)
-- COMPTROLLER GENERAL RICHARD ECKSTROM. (ex officio)
SOUTH CAROLINA'S CONSTITUTIONAL OFFICERS
MARK SANFORD
Governor: Serves as the chief magistrate of the state.
ANDRE BAUER
Lieutenant governor: Presides over state Senate and fills the office of
governor, should the governor become incapacitated.
MARK HAMMOND
Secretary of state: Registers corporations, business opportunities,
employment agencies, trademarks and notaries; handles the incorporation of
municipalities and special purpose districts, and the annexations of land;
serves as administrator and regulator of the Solicitation of Charitable
Funds Act; handles the publication of positions within certain statewide
boards and commissions.
GRADY PATTERSON JR.
Treasurer: Serves as the state's banker; manages state debt,
investments, 60 percent to 65 percent of the $25 billion fixed income
portion of the state retirement system; handles unclaimed property for the
state.
HENRY MCMASTER
Attorney general: Serves as the state's chief legal officer; supervises
litigation involving state agencies, boards and commissions, as well as
all criminal prosecutions in the courts of this state; is required to
appear before the S.C. Supreme Court in cases where the state has an
interest.
RICHARD ECKSTROM
Comptroller general: Supervises the expenditure of all state funds, all
payrolls for state employees, vouchers for bills owed by the state and
interdepartmental payments between state agencies; maintains accounting
controls for all state agencies and all funds in the state budget;
supervises the collection of property taxes.
INEZ TENENBAUM
Superintendent of education: Administers the annual appropriation for
education in compliance with laws and directives passed by the General
Assembly and with rules and regulations passed by the state Board of
Education.
CHARLIE SHARPE
Commissioner of agriculture: Enforces statues relating to agriculture
and provides consumer protection.
MAJ. GEN. STANHOPE SPEARS
Adjutant general: Heads the Military Department of the state;
administers the affairs of the S.C. Air and Army National Guard, the
Emergency Preparedness Division and the state Guard.