Bill would give panel input on appointees

CARSON CITY -- A Nevada assemblyman said Friday that he was not trying to get back at any particular governor with his bill that would require a legislative committee to review and confirm some gubernatorial appointments.

"This is not about second-guessing the governor or politicizing the appointment process," Bernie Anderson, D-Sparks, told the Senate Government Affairs Committee.

Instead, he said, his Assembly Bill 293 would give legislators time to check out the backgrounds of governor appointees to determine whether they have criminal records and whether the education and work records they list on resumes are accurate.

The bill passed the Assembly 34-8 on April 17 with 27 of the 28 Democrats supporting it, along with seven of the 14 Republicans.

"The problem we are trying to solve is the appointments of old friends and cronies," said Anderson, a former high school government teacher who did not specify what past appointments he considered inappropriate. "Governors of both parties have succumbed to poor choices that could have been avoided."

Knowing a legislative committee would review appointments, governors would make better choices, Anderson said.

He said legislators in only six states have no say in governor appointments.

The comments of Daniel Burns, Gov. Jim Gibbons' communications director, indicate Nevada's appointment process probably will not change.

"This bill sounds like the legislative branch trying to reach over in the executive branch and telling it what to do, and that is not what the framers of our constitution wanted," Burns said. "We are the state of Nevada. The way we have it now has worked well for 145 years, and we think it should continue. This is a serious separation-of-power issue."

If the bill reaches the governor's desk, he will decide whether to sign or veto it, Burns said.

Government Affairs Chairman John Lee, D-North Las Vegas, did not take a vote on the bill but said the committee will act on it in the future. The panel faces a May 15 deadline to approve or reject bills.

No one other than Anderson spoke for or against the bill Friday at a hearing where Lee had trouble keeping a quorum as members left early for the weekend.

Under the bill, the governor would make appointments that would be good for 60 days.

During that time, a six-member committee of senators and Assembly members would review and decide whether to confirm the appointments. The committee would hold meetings at which members of the public could testify on the appointments.

A seventh member, a senator, would serve as chairperson of the Legislative Committee on Appointments but only vote in case of a tie. The bill requires at least one of the senators and one of the Assembly members on the appointment committee to come from a minority party.

If the panel rejected the appointment, then the appointee would leave the position immediately, and the governor would propose a replacement.

The committee would review governor appointments for the Gaming Control Board, the state Board of Parole Commissioners, the Public Utilities Commission and the directors of the state departments of taxation, corrections, conservation and natural resources, and business and industry.

Sen. Terry Care, D-Las Vegas, noted that questions have been raised in the U.S. Senate about whether presidential appointees had paid their taxes or were "womanizers."

"Just how far-reaching is the language in this bill?" he asked. "Could the committee inquire into the fitness of the appointee to hold office? Will it include the right to secure tax returns?"

Anderson said the committee could do precisely that.

"I hope it would not," he said. "Hopefully, the committee would show proper self-restraint. We have to rely on the integrity of our colleagues."

In particular, Anderson said he did not want to see the committee try to seek promises from the appointees about how they would run their agencies.

Sen. Mike McGinness, R-Fallon, questioned whether the proposed budget would be enough.

The budget calls for spending $3,100 a year by having the committee meet twice a year. If the bill passes, the committee would begin to oversee appointments in 2010.

McGinness said the committee might have to meet more often, depending on the frequency of appointments.

Contact reporter Ed Vogel at evogel @reviewjournal.com or 775-687-3901.