Not unexpectedly, there are voices among the Legislature calling for a special session this Fall to address the many challenges faced by the state in the wake of Tropical Storm Irene. By way of Peter Hirschfeld’s report (paywalled), the legislators making the call range from ideological opposites Senator Anthony Pollina (D-Washington) to Representative Oliver Olsen (R-Jamaica).
It’s easy to understand why the calls are coming. No doubt every Senator and Representative in Vermont is inundated with desperate constituents wanting to know what the state is doing to help them. It’s natural, then, to want to convene in Montpelier ASAP and do something. But it’s an impulse that shouldn’t be given in to.
Dealing with disaster is one of the primary responsibilities of the Executive Branch – even Republicans won’t argue with that (well, except for the most pathological Ron Paul groupies). Given the scale of the damage and the clock ticking rapidly towards winter, it’s critical that the Executive branch move as quickly and deftly as possible. The Legislature deals in lawmaking. The Executive deals in implementing – in doing. Now is the time to do, rather than deliberate.
A shoehorned-in special Legislative session would become a fact-finding exercise with an open-ended date, and no clear goal. Such an exercise would inevitably demand information, testimony and counsel from the doers in the Executive branch, in the process pulling them from their doing during these crucial pre-winter weeks.
In addition, the Legislature would feel obliged to justify the expense of its unplanned-for intervention. To pass something. At this point, it’s unclear what, and without more time to focus, that dynamic could just as easily create as many problems as might get solved. Shumlin reportedly has the budgetary flexibility to access the funds he needs. Also, the administration has made no obvious goof (other than the Governor coming off a bit too defensive on Mark Johnson’s program a week or so back… but you can’t legislate against that). From all accounts, they seem to be handling things as well as can be expected.
If Shumlin were to do something draconian – say, use the crisis as an opportunity to advance an extreme policy agenda, such as unilaterally announcing the end of all environmental permitting (which is what you might have to watch for if Douglas were still in charge), it would become the Legislature’s responsibility to step in immediately and engage with that policy. Short of something like that, though, lawmakers should allow the Governor’s team to continue to focus like a laser beam on doing its job as efficiently as possible.
Over the coming weeks, and into winter, a clearer picture of what – if anything – needs to change in the statutory arena will emerge. Long term budgetary matters will also come into focus. What is a blur of uncertainties will coalesce into clearer view in the next couple months. Rather than call an extra session, legislative leaders can coordinate within their committees informally as we learn more, and be prepared to hit the ground running when the regular January session begins. The timing should be just about right.
In the meantime, let’s let the Governor’s people do what we pay them to do.
I don’t know what the legislators are saying, but I think it’s reasonable to have some kind of investigation of why so many offices in Waterbury were damaged, and records destroyed. Also, the question of why the state emergency management offices were in a location that was subject to flooding is a good one. It’s likely that nobody did anything wrong, but it should be looked at. And if a decision is made to move some facilities, the Legislature probably will have to be involved. None of that needs to happen right away, of course.
As I understand it, the administration’s role is to govern the day to day, carrying out policy and, beyond what the state treasurer’s role might be in such matters, administrate the receipt and spending of state funds according to the budget as enacted by the state legislature, which although it does include emergencies does not mean this should preclude or otherwise limit greater legislative oversight as well as further involvement and input beyond what the emergency board might do.
This is not about not allowing the Governor to be the Governor, however it could be true this is about administration and its allies attempting to limit the legislature from being the legislature as prescribed by the state constitution and also fulfilling the expectations of those who voted for them, by using excuses, including the cost of a special session in order to do so.
Of course this is not the first administration that has tried to do so.
The legislature’s role does not just limit them to lawmaking and, while their role includes forming and enacting overall policy as well as, after one is proposed by the administration, it also includes deciding and then passing a budget, something that is their constitutional duty, not the administration’s.
In addition, when something major and unexpected occurs along the nature of this emergency that changes the future and outcome of a given budget, well exceeding what usually can be taken up during the yearly budget adjustment process upon their return in January, a special session is crucial.
In my opinion, considering everything at stake — including both major, long term policy matters and millions upon millions of dollars no matter the source, this is one of those times a special session is best to be called. It could prove to be worth what it would cost to hold one.
This particular emergency goes far beyond what is typically the scope of the administration’s alone and begs for attention by the full legislature, sooner rather than later.
This is what we elect and pay them to do. We should let them do their jobs.
The state legislature should be seen as the resource it is during times like these, not as an impediment as some appear to view it as.
It would be easy enough for legislative leaders to figure out what the legislature wanted to do, limit their focus as well as how long they stay in order to accomplish their limited goals. It has been done before.
A quick special legislative session will not limit or unduly slow down the recovery effort one bit and, in fact, it could help speed the process up as well as also provide greater support and extra sets of eyes, not too mention helping to provide additional (read: deeper as well as more) institutional memory the administration might otherwise be lacking.
To wait until January when they come back for the regular session will be much too late.
By the way, just to make it clear given my position, I am not “a pathological groupie” of Ron Paul, nor anyone else for that matter.
…needs to ‘act immediately’ with whatever powers it has. A special legislative session can, hopefully, add more relief, and set guidelines for future emergency situations (meaning ‘authority to act in an emergency’) the Governor’s office may have to handle when the Legislature is not in session. The Legislature should definitely look at the possibilities of any Governor exceeding his/her authority, or using an emergency situation to undermine environmental regulations, or, worse, civil liberties. But I have to agree with Odum (OUCH!) that things must be done NOW. 3 weeks, 2 weeks, even 1 week of delay means some folks will have to endure compounded and unnecessary suffering. One of the things “Executive Powers” mean is ACTION. I believe most of us have criticized Obama for NOT ACTING.
Emerson Lynn, publisher of the St. Albans Messenger, has a great suggestion for a “special session”: Have one a week from now through November, one day for each of the hardest hit communities; legislators should wear boots and gloves and bring buckets and shovels.
I know there are a few who’ve been out and active, mostly in their own districts (with at least one exception: Sen. Sally Fox, who helped dig out Duxbury).
NanuqFC
We must accept finite disappointment, but we must never lose infinite hope. ~ MLK, Jr.