Legislation seeks scrunity of governor’s appointees

Appointments made by the governor in exchange for political favors are now a subject of scrutiny by the Legislature as the House of Representatives yesterday passed a measure that will order the Office of Personnel Management to review their qualifications.

But the legislation was strongly opposed by some members, particularly from the minority, who considered it not necessary in view of the constitutional provision that allows the Senate to give its advice and consent to executive appointments.

HB 12-196, sponsored by Rep. Rosiky F. Camacho, narrowly passed with nine voting “yes” and six “no.” It is now up for Senate voting.

Opposition to the bill was led by Rep. Diego T. Benavente who said the power to appoint should be left to the governor and to the Senate, the authority to confirm or reject any of his appointee.

“The bill places restrictions to the governor and violates the separation of powers [in the government],” he told the House session yesterday.

Rep. David M. Apatang echoed his view that it is not necessary since the governor has people to decide who are fit or not fit to occupy positions in the government.

“Let’s give the governor the opportunity to select his own people,” he asked his colleagues.

Mr. Benavente added that the bill should not be enacted because many of the people on the islands are now educated unlike in the past.
“It’s a waste of time,” he said.
In its report endorsing the legislation, the Committee on Judicial and Government Operations maintained that it would not violate that policy as it only seeks recommendations by OPM for minimum standards for the appointment and not mandating for such authority.

“The governor is always free to appoint the person of his and her choosing, and in the event that the person does not meet the recommended standards, explain why the person is the best for the job,” the report stated.

These minimum standards, the report added, will guide the chief executive in choosing the best person to occupy high positions in the government that are subject to the Senate’s confirmation.

Mr. Camacho said these standards will help prevent handing those positions, such as Cabinet secretaries as well as directors, for political reasons.

In favoring the bill, Rep. Malua T. Peter said this has been prompted by complaints that some of those holding important positions in the government are not qualified.

She said many students fresh from their graduation from college, who otherwise can qualify to assume these positions, have complained that governor’s appointments are merely taken as political favors.

“They understand politics, but they can’t just understand why somebody else is appointed to a government position,” Ms. Peter told House members, noting that such practice of giving important responsibility to least qualified officials has contributed to failings of the government.

Although he voted against it, Rep. Thomas B. Pangelinan suggested that instead of making recommendations, the Legislature must establish minimum requirements for the appointments.