JEFFERSON CITY – Recently filed legislation in the Missouri State Senate will increase accountability and clarity in the gubernatorial appointment process.  Sen. Bob Dixon, R-Springfield, has filed the Executive Branch Accountability Act (Senate Bill 507) and a proposed constitutional amendment (Senate Joint Resolution 30). Senate Bill 507 and Senate Joint Resolution 30 would ensure timely appointments to fill vacancies on boards and commissions, curtail “temporary” appointments without Senate confirmation, and allow voters to fill vacancies in elected offices at the earliest opportunity. 

Senate Leader Tom Dempsey, R-St. Charles, said the time has come to restore balance in the appointment process and fill the many vacancies that have backed up over the years.

“Even the state auditor in his recent audit report criticizes the many vacancies on state boards,” said Dempsey. “This is a matter of constitutional principles and effective government, not personalities."

The governor has the constitutional duty to make certain appointments to public offices, subject to Senate confirmation. This includes executive department directors and members of administrative boards and commissions. As recently as last month, six of the 10 executive department directors appointed directly by the governor were “acting” directors, serving without the “advice and consent” of the Senate. Since Senate Joint Resolution 30 and Senate Bill 507 were prefiled, director nominees for four departments have been submitted to the Senate as required by the state constitution. However, at the same time, a majority of the positions on half or more of the state’s administrative boards and commissions remain vacant or filled by members whose terms have expired. Three House seats and one Senate seat are currently vacant going into the 2014 legislative session in addition to the backlog with administrative appointments.

“Past governors, of both parties, have respected the integrity of the appointments process,” said Dixon. “‘Shall appoint’ does not mean ‘when it’s most convenient.’ Neglecting a principal executive duty to fill vacancies and dodging Senate confirmation of department heads is a disservice to the people of Missouri.” 

Senate Bill 507 would modify the gubernatorial appointment process for department directors and the process for filling vacancies in certain elected offices.  Senate Joint Resolution 30 would provide for prompt appointments by the executive branch by authorizing the lieutenant governor to make certain appointments if the governor fails to do so within 90 days of a vacancy in the position.

 “We are charged with the responsibility to give our advice and consent on the governor’s appointments.  We aren’t being given the opportunity to fulfill our duty because the acting directors often avoid Senate confirmation,” said Dempsey. “These bills have been referred to committee and are slated to be heard this week. That would give us enough time to debate them before the appointments expire in 30 days.”

For more information on Senate Joint Resolution 30 and Senate Bill 507, visit www.senate.mo.gov.

For the Missouri State Auditor’s report on the Division of Professional Registration, please click here.