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.