The Star-Ledger
December 2,
2009
Government is rarely criticized for
practicing too much courtesy, but that is the problem with the State Senate’s
process for confirming members of New Jersey’s boards and commissions. The 500
such groups – some advisory and others with significant responsibility and
power - create a potentially admirable avenue for meaningful public
participation. With a total of approximately 6000 seats, interested citizens
can contribute their time and expertise to help guide the implementation of key
laws and programs.
Unfortunately, however, many of these
groups are unable to operate effectively
because they lack a full complement of members. By all accounts, the situation is
even worse now than it was in 2004, when a study by the Eagleton Institute of
Politics found that 36% of the slots were either vacant or held by people whose
terms had already expired. As I step down from chairing the New Jersey
Highlands Council, for example, appointments are up-to-date for only three of
the 15 members.
The
blame does not lie with a particular administration or political party, but
rather with the long-standing practice called “Senatorial courtesy.” As
currently interpreted, it means that the State Senate will not consider
confirming nominations put forward by the Governor until each Senator
representing any part of the county in which the nominee resides signs off. As
a result, the “courtesy” to single-handedly block a nominee is granted to as
many as seven senators in some counties.
While
“Senatorial courtesy” is not written in any law or regulation, it is not
without merit. It helps address the imbalance of power between the branches of
government in a state known to have one of the nation’s most powerful chief
executives. Individual senators can block a nominee not only when they find the
candidate objectionable, but also when they want a bargaining chip for
something unrelated.
The
application of this tradition to New Jersey’s commissions, however, which severely
undercuts their ability to function, rarely actually gives a senator any added
clout. The groups are deprived of the members needed for a quorum while, with
thousands of slots on hundreds of commissions, the Governor’s office lacks the
time and resources to cajole or bargain on more than a few. The result is that
they stay vacant.
The
problem could be fixed if the Senate would limit the application of Senatorial
courtesy to nominees for paid positions. It is one thing to keep this hurdle in
the path of potential judges, cabinet members and other top officials seeking
the highest-paying jobs government has to offer. These posts have sufficiently high
visibility that when a Senator threatens to block a nomination, the Governor’s
office is usually quick to negotiate. Also, public attention and pressure can usually
be brought to bear successfully. In contrast, when one or more State Senators
refuse to sign off on candidates for boards and commissions, no one much
notices.
The
big loser is public participation in government. Not only are these commissions
prevented from performing well, but the long-term vacancies encourage cynicism
among people who care about their missions. Meanwhile, the citizens from all
walks of life who agree to serve on them and then wait months or years for
their nomination to be confirmed are left feeling frustrated, used and angry.
This
process, it is said, will never change. The dysfunction caused by something so
arcane will not evoke organized outrage and, without outrage, no legislative
body is likely to relinquish even a small amount of power. Moreover, the only
people who even know the rules for reforming this unwritten tradition may be
the Senators themselves.
Yet,
an oddity of history may create a rare opportunity for reform in this year’s
lame duck session. It is almost certainly the last time the Senate will be led
by someone who also served as Governor. Dick Codey’s perspective is unique as
the only governor to have nominated board members, as Senate President, he
could not get confirmed because one or two senators invoked Senatorial courtesy.
Senate
President Codey could seize this moment to make a small change that would allow
the boards and commissions he and his colleagues have created over the years to
truly help bridge the gap between government and the governed. If he can’t fix
this process, it’s hard to see how or when it will ever be done.
John Weingart is the Deputy Director
of the Eagleton Institute of Politics at Rutgers and the outgoing Chairman of
the New Jersey Highlands Council.
