The Olympian reports this morning that a Superior Court judge agreed the Governor was not required to forward the collective bargaining agreements with state employee pay raises to the legislature as part of her budget. From the article:
Gov. Chris Gregoire should have done things differently in negotiating with state employee unions, but her decision to shelve new contracts with the unions stands, Thurston County Superior Court Judge Anne Hirsch said Wednesday.
Gregoire confused the process when she had her budget director serve as both the negotiator and the person who later declared that contracts for raises and health benefits were financially unreasonable, the judge said.
But the governor does have the power to back out of contracts after the Oct. 1 deadline to finish talks, Hirsch said, noting the law separately requires the b!
udget office to certify them as feasible.
"I think (the decision) just muddies things further," said Greg Devereux, executive director of the Washington Federation of State Employees.
The union will appeal the decision, but it also must come to an agreement by the time the next two-year budget cycle starts in July, he said.
Considering the fact these contracts cost more than $3 million to negotiate, only to be canceled, it is time to end this experiment with sole negotiations with the Governor and return state employment and compensation issues to the legislature. This would allow these important decisions and trade-offs to be made in the public light of day of legislative hearings instead of behind closed doors.
State employee unions may even welcome this move in light of recent developments.
Earlier this week Governor Gregoire announced phase one of her government reform package. The Governor stressed that this effort was just the first of many changes she thinks the state needs to make to become a 21st Century, customer focused government.
So what will phase two and three look like?
Thanks to the efforts of the Evergreen Freedom Foundation, we now can see the list of 87 ideas the Governor's budget and policy staff came up with to reform and change state government. It is possible those not yet implemented could show up in Governor's next round of reform recommendations.
Among their recommendations:
Eliminate state library
Eliminate Governor's salmon recovery office
Eliminate passenger rail program
Eliminate local government I-695 backfill
Consolidate Growth Hearings Boards
Reduce higher education program duplication among institutions
Combine "sin" agencies (Lottery, Liquor Control Board, Gambling and Horse Racing Commission)
Privatize liquor sales
Privatize child welfare services
Privatize state printer
Contract out DOT engineering
As for the Governor's proposed elimination of some state boards and commissions, here are additional details:
So said Governor Gregoire this morning as she announced her reform package for bringing state government into the 21st Century.
It is a good first step.
Here are some of the details from the Governor's one-page summary:
1. Reduce the size of the bureaucracy The
proposal would eliminate more than 150 boards, commissions, and
advisory committees and consolidate several agencies, including the
merger of the Health Care Authority and the Department of Retirement
Systems. All 470 of the current boards were created with the best
intentions, but often make it more cumbersome and costly to serve the
people of the state.
More than 50 boards will be eliminated immediately by executive order.
Another 100 will be repealed through legislation, some as of June 30, 2009, and others by June 30, 2010.
Other mergers include the Department of Archeology & Historical Preservation into State Parks.
2. Deliver 21st century customer service Washington
has been a national leader for years in using technology to serve
customers – for example, nearly 40% of license tabs are renewed online
– but we can do much more to make sure our citizens have the same 24/7
online convenience when they deal with government that they do for the
rest of their daily business, like online banking and booking airline
Expanded online access and availability of mobile service units in rural communities.
instruction through community and technical colleges, where online
course-taking is proving the instructional equivalent to four
Easier use of credit and debit cards in transactions with the state
3. Streamlined government operations The
state will consolidate similar functions and cut government’s internal
red tape for services needed by all agencies, and begin the groundwork
to set the stage for major changes in the future.
government central-service functions (personnel, property management,
IT support, etc.) so agencies can focus more effort on their core
Transfer Department of Licensing fuel tax program to the Department of Revenue
Merge Eastern and Western Washington historical societies
Not announced at the press conference is a new statewide
performance review to be done at the direction of the State Auditor.
Demonstrating the importance of this effort, the Governor is allowing
her GMAP director, Larisa Benson, to switch over to the State Auditor's Office to work on the statewide performance review.
“Closing our state’s multi-billion dollar budget gap required making
many tough decisions,” Gregoire said. “This exercise gives people an
important understanding of the difficult choices our state government
must make when dollars are scarce.”
The interactive tool will allow users to change spending levels in
several policy areas until the budget gap is eliminated. As users click
through the calculator, they’re encouraged to keep an eye on the bottom
line to see how their choices affect the budget.
“With this budget calculator, you may find different priorities among
various programs,” Gregoire said. “Your feedback is important. If you
don’t like a budget decision, I want to know how you will fix it. What
would you sacrifice instead? The budget is a work in progress, and my
proposal is the first step in a long process that will continue in the
Legislature in the coming months.”
After a user has created a balanced budget, the user can submit personal budget ideas to the governor.
Last November WPC encouraged the Governor's office to make available a resource for citizens that would allow them to build their own budget by “purchasing” items from the state's Priorities of Government (POG) list to see the tradeoffs and help focus their budget recommendations to the Governor and legislators.
Although the Governor's calculator does not allow users to make purchases at a detailed level it does provide important information on the types of activities the state is spending money on.
The largest and most difficult task facing lawmakers this legislative session is building the state’s 2009-11 operating budget. As of the November revenue forecast, revenues are projected to increase by five percent, $1.4 billion, in the next biennium, but the planned increases built into the existing budget result in a projected $5.7 billion shortfall.
Last year the Seattle Timeshighlighted the fact that contrary to popular belief the state does not have a real balanced budget requirement. Although the state budget and accounting act (RCW 43.88) requires the Governor to submit a balanced budget to the Legislature, lawmakers are not required to adopt one.
The legislature may not appropriate an amount from any account for any fiscal period that is in excess of the estimated amount of revenues and resources to that account for that fiscal period as of the date the budget is adopted.
Simple enough. Don't budget to spend more m!
oney than you expect to receive.
Any person being in contempt, as herein before provided, shall be punished by fine in any sum not less than fifty dollars and not exceeding one thousand dollars, or by imprisonment in the!
county jail in the county where such examination is being had, for any period of time not extending beyond the legislative session then being held, or by both such fine and imprisonment, as the legislative body which authorized such examination may order. And in case the contempt arises in a joint proceeding of both houses, or before a joint committee thereof, the senate shall prescribe the penalty.
Sad to think we need a law prescribing truthful government.
I called Hunter's office to find out which of the state's 470 boards and commissions the bill would eliminate.
The answer: All of them.
While a case can likely be made for keeping a small number of them, this approach is probably the best one to start the conversation on which ones actually add value versus trying to figure out which ones to eliminate.
The saying "look before you leap" is very applicable to the legislature when it comes to considering potentially expensive programs. Unfortunately, lawmakers are often left in the poor position of voting on bills before knowing what impact their decision will have on taxpayer's wallets.
Based on a proposal introduced today, it appears a bipartisan group of Representatives are tired of playing this type of spending by Russian Roulette. Consider HB 1458 - Addressing fiscal notes:
Before either house of the legislature may vote on final passage on a bill that if enacted into law would increase state government expenditures or would increase or decrease state government revenues, a fiscal note prepared pursuant to RCW 43.88A.020 must be available on the most recent version of the bill that applies to the bill as it is to be voted upon. In !
no case shall the fiscal note be made available more than seventy-two hours after the bill is placed on final passage.
Perhaps they could call this proposal the "Truth in Spending Act."
The Olympian reports today on a hearing of The Washington Citizens' Commission on Salaries for Elected Officials. Not surprisingly a majority of those elected officials testifying asked the Commission to not raise their pay in light of the economic situation. As noted by The Olympian:
Testimony before a state citizen salary commission blew like a headwind this morning against giving pay increases this year to state elected officials, judges or legislators.
New state Treasurer Jim McIntire, a Democrat, testified against giving raises, saying increases would put lawmakers — and others poised to freeze the pay of state employees and K-12 teachers — in a tough position. He urged commissioners not to raise pay.
Two other Democrats, Gov. Chris Gregoire and new Commissioner of Public Lands Peter Goldmark, both sent letters to!
the commission arguing against raises. Gregoire wrote that she recognized the difficulty of balancing fair salaries against public opinion.
Rather than force elected officials to beg a commission to not raise their pay, an alternative may be eliminating the Salaries Commission and restoring this conversation to the legislature. Such a change would also have a positive impact on the state's budget.
Consider the fact the Governor's 2009-11 budget provides $395,000 for the Commission's activities.
B) look over a friend's notes on the way to the classroom and hope for the best; or
C) calmly and diligently spend time before the test to prepare?
Now remember the question is what should you do not what do you do. The obvious answer is C).
Unfortunately when it comes to legislative budget proposals, lawmakers and the public are often forced to do either A) or B).
One way to address this problem is with a "budget timeout" before public hearings or votes could occur on legislative spending proposals. This is a concept supported by Congressman Brian Baird. It also appears state lawmakers recognize the need to provide more time to learn the details on budget proposals !
before action is taken.
The legislature finds that approval of the state budget is among the most important acts of the legislature in any year, and that the public is entitled to a reasonable opportunity to learn how public funds are proposed to be expended before bills making appropriations become law. The legislature further finds that public notice, dissemination of information, and informed analysis of proposed budgets is an essential requisite of transparent, accountable government.
Omnibus appropriations bills frequently have been acted on by the legislature in a manner that has afforded little opportunity for public review and information about proposed expenditures, or for members of the legislature to !
deliberate upon proposed appropriations in an informed and con!
scientious manner. The legislature finds this practice has weakened the performance of the legislature in its stewardship of public funds, and reduced public trust in government. The legislature finds that many other states, in their constitutions, statutes, or legislative rules, require an opportunity for public and legislative review of budget legislation.
The legislature therefore finds it in the public interest to provide for an appropriate period of public and legislative review of all omnibus appropriations bills before they are acted on by the legislature and submitted to the governor for approval . . . An omnibus operating, capital, or transportation appropriations bill, or proposed substitute, striking amendment, or conference committee report thereon, must be made publicly available to the members of the legislature and the public at least three calendar days before such a bill may be voted on by the senate or the house of representatives.
Today Governor Gregoire delivered her second inaugural address. The section of her speech on government reform was music to my ears:
And one thing we have to do together is reform state government to
bring it into the 21st century, and soon. At very basic levels,
businesses are struggling to reform, to change the way they do business because they
simply must to survive. And our business leaders tell me that American
companies, large and small, will emerge from this recession forever
We have to do the same. And that’s government reform.
This is our chance to reform state government to make it a more nimble and relevant partner in a new state economy.
Ladies and gentlemen, we need to reboot!
Over the decades, state government has evolved — layer upon layer upon
layer. But too much of what served the people well in 1940 or 1960 or
1990 does not serve the people well in the 21st century.
There are sacred cows standing in the way. There are political
roadblocks. But let’s step up to the challenge for the people who sent
us here. For example, we have some 470 separate boards and commissions
across numerous agencies.
Is there anybody in this chamber, or this state, who believes we need
any more than half of 470 boards and commissions to serve the people of
Washington? There are almost 60 involved with the Department of Social
and Health Services alone.
And that’s not the only issue we face. For instance, we have three
agencies managing natural resources, each with its own scientist
standing in the same Washington stream.
We need to reform, and we will.
We need a lean, nimble state government serving our people in the 21st century.
We know we can do it because in some cases we already have.
Today, almost 40 percent of license tabs are renewed online, saving hassles and gas.
We can close 26 licensing offices across the state while extending
hours of operation at the 10 most popular locations. We are finding new
ways to serve our customers. And customer service is what it’s all
Today, 18,000 full-time students at our community and technical
colleges are earning course credits online. It would take an additional
four community colleges to offer all those classes the old-fashioned
Thousands of people go online to check the balance on their food stamp
debit card. And more than half of small business owners are filing
their state taxes online.
I ask you, if we can serve our motorists, our businesses, our students
and our poor with 21st century technology, why can’t we serve all
citizens in ways that are more convenient for them, and cheaper and
more effective for government?
The answer is, we can. The answer is, we will!
I’m putting the finishing touches on a package of reforms for you to
consider this session. I’m asking you to act on them this year. It will
But the time has come to put our sacred cows out to pasture forever.
I can’t reform government all by myself. For starters, I’ve asked
Auditor Sonntag to help us figure out ways to sunset boards and
commissions and to help us establish a 21st century way of doing
I am also partnering with business and labor, state employees, citizens, and you, to get the job done.
We need to make sure we have a government for the 21st century so our
workers and businesses can compete with anyone in the world.
This proposal would repeal a 2007 law creating the state Sunshine Committee. According to the Attorney General's Office:
Voters approved the Public Disclosure Act by initiative in 1972. At the time, the act included only 10 exemptions from disclosure. Today, there are at least 300 exemptions (provided by Legislative staff).
Attorney General Rob McKenna requested a bill during the 2007 Legislative session to establish a Blue-Ribbon Committee to review all!
exemptions to the Public Disclosure Act on an annual basis. State Bill 5435 became law on July 22, 2007 creating the Public Records Exemptions Accountability Committee. The "Sunshine Committee" will make recommendations to repeal or amend exemptions to the Public Records Act.
According to SB 5119, however:
. . . the legislature finds the committee's review of exemptions has proven to be unproductive and, given the economic climate we are currently experiencing, it is an unnecessary and wasteful expenditure of time and resources. Additionally, the legislature finds that the committee has not acted efficiently or effectively in carrying out its mandated charge and has provided, at most, limited guidance to the legislature. Therefore the legislature concludes that the continuation of the public records exemptions accountability committee does not serve the public interest.
Here are the Washington Policy Center's recommendations for open government reforms from our Policy Guide:
Create a Public Records Ombudsman authorized to enforce the Public Records Act.
Clarify the use of the attorney client-privilege exemption.
Create criminal penalties for willful violation of the Public Records Act.
Require audio taping of executive sessions.
The legislature should make itself subject to the Public Records Act and Open Public Meetings Act.
Adopt a constitutional amendment placing the preamble of the Public Records Act into the constitution, and require a 60 percent vote of lawmakers to enact a new exemption from disclosure to take effect.
The 2009 Legislative Session is officially underway. If the first day is any indication, it appears property taxes will receive their fair share of attention with numerous bills introduced to reform the way property taxes are calculated and raised. One of the more interesting proposals is HB 1057.
Under the simple description of "Relating to ballot title information," HB 1057 reads (in-part):
If the referendum or question relates to a property tax levy, the ballot title must include a comparison of the aggregate financial impact between the taxing district's levy, if any, in the immediately preceding year and the current ballot, in both dollar and percentage change terms. Ballot questions under RCW 84.55.050 must include an estimate of the financial impact in the first year of the levy increase as compared to the taxing district's last levy, in bot!
h dollar and percentage terms.
Translation: Property tax ballot measures would need to provide context for the cost of passage.
Reading this bill I immediately thought of WPC's proposal for a tax transparency website to help provide citizens details on the various taxing districts they are subject to.
Although Governor Gregoire wasn't in Washington D.C. earlier this week to meet with President-elect Obama as speculated, it appears he has been paying attention to one of the Governor's priorities: GMAP (Government Management Accountability and Performance). According to Government Executive.com:
President-elect Barack Obama could name the first federal chief performance officer as early as Wednesday, and observers are urging him to choose a candidate with superior managerial skills and deep knowledge of the federal bureaucracy.
During his presidential campaign, Obama vowed to establish a "SWAT team" led by a CPO dedicated to working with agencies to improve results for federal programs and e!
liminate waste and inefficiency. The CPO will "work with federal agencies to set tough performance targets and hold managers responsible for progress," Obama said in September 2008, pledging to meet regularly with Cabinet officials to review their agencies' progress . . .
Robert Shea, former OMB associate director for administration and government performance, said he believes OMB has developed a strong foundation on which the Obama administration can build, but that establishing a CPO position in the White House might help overcome the challenges the agency faces in integrating performance initiatives with the programs they're designed to improve.
"Having a chief performance officer in the White House reporting to the president gives you an opportunity to make the people responsible for achieving the president's priorities pay more attention to the importance of management in achieving those goals," said Shea, now a dir!
ector with the global public sector of consultant firm Grant T!
Hopefully Congress and the state Legislature will see the potential to create their own performance teams and start to focus public hearings not on how much money an agency wants but instead on agency performance for current taxpayer investments.
Jason Mercier is the Director of the Center for Government Reform at Washington Policy Center and is based in the Tri-Cities. He serves on the boards of the Washington Coalition for Open Government and CandidateVerification, and was an advisor to the 2002 Washington State Tax Structure Committee. Jason is an ex-officio for the Tri-City Regional Chamber of Commerce. In June 2010, former Governor Gregoire appointed Jason as WPC’s representative on her Fiscal Responsibility and Reform Panel.