03/01/1995 09:05 AM Senate HES

 SHES - 3/1/95                                                                 
                                                                               
        SB  83 COMMR OF ED TO SERVE AT GOV'S PLEASURE                        
                                                                               
 CHAIRMAN GREEN introduced  SB 83  as the next order of business               
 before the committee.                                                         
                                                                               
 SENATOR MILLER moved to adopt CS SB 83(HES), Lauterbach K version             
 2/28/95, in lieu of the original bill in order to have a working              
 draft.                                                                        
                                                                               
 SENATOR ELLIS objected.                                                       
                                                                               
 SENATOR MILLER clarified that the motion was to adopt the                     
 Lauterbach K version 2/28/95 of SB 83 as the working committee                
 substitute.                                                                   
                                                                               
 JAN LEVY, Department of Law, stated that she would be testifying on           
 behalf of the Department of Law and the Governor's office.  She               
 inquired as to which CS the committee was referring.                          
                                                                               
 CHAIRMAN GREEN said that it was the CS dated 2/28/95.                         
                                                                               
 JAN LEVY explained that the original legislation introduced by the            
 Governor's office was in response to concerns regarding the                   
 Commissioner of Education.  When the Administration changed, the              
 Commissioner of Education did not submit his resignation at the               
 request of the Governor which resulted in financial costs to the              
 state.  The original bill had the commissioner serve at the                   
 pleasure of the governor; the Governor's office has understood the            
 committee's concerns with this issue.  This CS addresses the                  
 Governor's concerns as well as the concerns of the Department of              
 Law.  She stated that the commissioner should be accountable to               
 someone, whether it would be the Governor of the Board of                     
 Education.                                                                    
 Ms. Levy noted the discussion of whether or not removing the cause            
 provisions from the existing law would be good policy.  She pointed           
 out that the Board, by statute, is composed of individuals from all           
 over the state.  She commented that when a commissioner loses the             
 confidence of four members of the board, the Governor's office                
 believes that should be sufficient cause for the board to replace             
 that individual.  This CS addresses the concerns of the Department            
 of Law, the Department of Education, and the Governor's office                
                                                                               
 Number 100                                                                    
 SENATOR ELLIS removed his objection to the adoption of the CS.                
                                                                               
 SENATOR LEMAN pointed out that the CS with regard to the                      
 Commissioner of Fish and Game retains some of the power within the            
 Board through the method of removal; the method of removal is to              
 submit a resolution to the governor requesting the removal of the             
 commissioner.  The final decision to remove or retain the                     
 commissioner would be made by the governor.  He stated that the               
 Department of Education was different in that the commissioner                
 would serve at the pleasure of the board.  He explained that with             
 the Commissioner of Fish and Game, the board would have to initiate           
 the action, but the governor would still have the ultimate                    
 authority.                                                                    
                                                                               
 JAN LEVY said that Senator Leman was correct.  She mentioned that             
 the Department of Law holds the position of the Constitution which            
 maintains that a principle head of a department serves at the                 
 pleasure of the governor.  Therefore, an individual serving as a              
 department head would serve at the pleasure of the governor.  She             
 interpreted that section as providing a mechanism in which the                
 board could initiate action if they have concerns and the governor            
 has not begun any action.  She emphasized that the Department of              
 Education is the only department which the legislature has chosen             
 to be headed by a board.                                                      
                                                                               
 SENATOR MILLER moved that the CS SB 83(HES) be moved out of                   
 committee with individual recommendations.  Without objection, it             
 was so ordered.