Give lawsuit a real hearing
Thursday, November 29, 2007
It should be no surprise that Gov. Mark Sanford has asked the state Supreme Court to give further consideration to a lawsuit against the state Budget and Control Board, of which he is a member. The court may be the only place that the governor can look for relief as he struggles to reform state government.
The Supreme Court in August agreed to take jurisdiction of the lawsuit by Change South Carolina Now, a citizens group which shares much of the governor's reform agenda. The lawsuit contends that the legislative election of Converse Chellis as state treasurer upset the balance of power between executive and legislative branches on the Budget and Control Board. Mr. Chellis, formerly a Republican House member representing Dorchester County, resigned his legislative seat shortly after he was elected to fill the vacancy by the Legislature.
The lawsuit also contends that the Legislature has expanded its executive authority in other areas. Earlier this month, however, the court dismissed the case without a hearing and without explanation.
The governor responded: "The issue of where we go next with respect to the board goes right to the heart of whether our state is going to be able to compete in the 21st century, because our current government structure is costing our state's taxpayers in very real terms. That's why we're going to keep pushing for a legislative remedy if the court does not."
Unfortunately, the idea that the Legislature will be a partner to governmental reform sought by the governor is unlikely, since the state's chief executive would gain authority at the Legislature's expense.
The Budget and Control Board's five members include the two chairmen of legislative budget committees, the governor, the treasurer and the comptroller general. The election of Mr. Chellis has given the legislators on the board an immediate ally, as his votes on the board so far have shown. That means a probable majority against the governor and Comptroller General Richard Eckstrom, who have sought reform of the agency and urged the board to act with greater frugality.
The board is singular to South Carolina, and concentrates a large number of governmental functions related to finance, property, personnel and administration that ought to be controlled by the governor. In most states, that is the case.
The Government Efficiency and Accountability Review Committee, appointed by the governor, detailed $500 million in savings that agency reform could accomplish. If the governor were in charge, the changes would probably be a foregone conclusion. But most of the reforms would require legislative action in support of the governor's program. Again, it doesn't seem likely to happen.
South Carolina is a legislatively dominated state, with only a fraction of executive authority ceded to its governor. That two members of legislative budget committees sit on the Budget and Control Board, and help decide what are typically executive matters, speaks to the legislative reach. So does the Legislature's ability to fill vacancies in the executive branch, and from its own membership.
The lawsuit raises important issues about how this state is run and by whom. The citizens group that brought the lawsuit and the public deserve more than a mere dismissal from the high court.