PUB DEF

There is a bit of Constitutional confusion in Jefferson City today.

As readers of PubDef had expected for weeks (and readers of the Post just found out today), Governor Matt Blunt withdrew the names of two of his controversial education appointees during last week’s special session of the State Legislature. Both State Board of Education appointee Derio Gambaro and St. Louis Public Schools CEO Rick Sullivan were withdrawn from Senate confirmation because of lack of support from their home senators — a customary requirement for successful confirmation.

PubDef has reported than both men are expected to be resubmitted to the Senate soon and would remain in power until at least January, when the Senate reconvenes and again takes up gubernatorial appointments. However, the Governor’s office believes it is not necessary to resubmit their names to the senate before next year.

According to a source close to the situation, the Governor believes that simply having the nominees on file with the Secretary of State’s office is sufficient enough for the two men to continue to serve on a interim basis. The well-placed source says the Governor is considering not resubmitting the names to the senate until next year.

However, the Missouri Constitution clearly states, in the case of Gambaro, that appointments to the Board of Education must be made with the “advice and consent of the Senate.” The law creating Sullivan’s positions says the same thing. And apparently, the Senate’s Republican leadership agrees.

State Senate President Pro Tem Michael Gibbons (R-Kirkwood) told the Post-Dispatch the decision to pull the names was mutual to avoid a Senate vote. He also said he agrees with Blunt’s staff that Sullivan and Gambaro still hold their posts for now. But Gibbons also said he believes the state constitution requires that the governor renew their interim appointments by September 19 if he wants them to stay on until the Senate reconvenes in January.

If these men serve for three months without being submitted to the Senate, it may put every action, vote and decision under close legal scrutiny. And in the case of Sullivan, who serves on a three-person board, if any important decisions are made by a vote of 2-1, a judge may later rule the vote was in fact 1-1 since Sullivan could not legally cast a vote — especially if he is ultimately not confirmed by the Senate.

Developing…

Previous Stories:

SLPS: Our Czar Still Reigns

LETTER: Sullivan, Gambaro Withdrawn

BLUNT WITHDRAWS SULLIVAN, GAMBARO

Will Blunt Withdraw Sullivan? Gambaro Too?