By James Call
http://stream.publicbroadcasting.net/production/mp3/wfsu/local-wfsu-964190.mp3
Tallahassee, FL – Governor Rick Scott's nominees to run state agencies have been appearing before senate committees as the chamber prepares to confirm the nominees. James Call reports, tension between the governor's office and lawmakers appeared briefly when Scott's pick to run the Department of Management Services went before a Rules subcommittee.
The Senate's role of advising the governor and consenting to appointments is done through the confirmation process. Nominees present credentials and most of the time, Senators lob softball questions. When John Miles, Governor Scott's nominee to run the Department of Management Services, Senator Don Gaetz prefaced a question by recalling Miles' appearance before another committee and his desire to pick off the low hanging DMS fruit ripe for reform.
"What conclusions if any have you drawn about the operation of the department, the contracts of the state has entered into and what steps have you been able to take in these few weeks that you have already been with us?"
Miles: "I've spent a lot of time meeting with staff sort of drilling down in the various functions of DMS and real estate and procurement and looking at the contracting processes and et cetera. There are considerable opportunities as I have said before. Our biggest challenge right now is uh staff and uh..."
And so it usually goes, for the 25 department secretaries the governor gets to appoint. Things went a little different with Miles confirmation hearing before a Rules subcommittee. The Department of Management Services has a half-billion dollar budget to manage employee benefits, property, purchasing and technology for state agencies. Lawmakers frustration with the department reached a point last year that an effort surfaced to dismantle it. DMS received a reprieve with a new governor lawmakers taking a look and see attitude to see if under new management DMS would meet their expectations. Then the new Governor sold some state property.
"We also sold the state airplanes as I promised to do."
Without asking the Legislature, where many, like Senate President Mike Haridopolos, was willing to give the new governor, who had never held an elected office, a pass on government etiquette during a brief honeymoon period.
"Huh?"
"Does he have the authority?"
Haridopolos: "I was asked, as far as I know he does. If we see a legal component he doesn't, I would encourage the senate to say sell it. I don't care where he sells it. Sell it."
The governor sold a 2000 King Air 350 for 1.7 million dollars. And a 2003 Cessna Citation Jet for 1.9 million dollars. The governor's office used the money to pay off the Cessna and did so by skipping the formality of depositing the money in the state treasury. The sale effectively ignored the Legislature's responsibility of managing state resources. Scott did it through DMS and that caught the eye of the Senate Budget chief, JD Alexander. He asked Miles a general question about the governor's authority to sell state property. Miles provided a nuanced response about the state planes and that triggered this question from Alexander.
Alexander:"This is a very serious question. Do you believe, this is not specific to a transaction, and I have pointed out personally in statute where I believe you absolutely do not have the authority, the executive branch does not have the authority, to sell an asset and not immediately deposit it into the treasury of the state of Florida...Do you believe and will you ever, under your leadership of DMS, sell an asset and not deposit that check and fund immediately into the treasury."
Miles: "No."
The committee voted to recommend confirmation with Alexander voting yes, off mike with the comment, "for today". Some of his concern about where the money went stems from his role as the Senate Budget chair. He's directing where four-billion dollars in spending cuts will occur. And some of it comes from what he says is his belief in the separation of powers. Alexander is in his 13th year in the Legislature. Governor Scott has taken a series of steps that does not appear consistent with the advise and consent role the Senate plays in constitutional government. Speaking in March, shortly after Scott canceled a high speed rail project, Alexander said the strength of the American system is a divided government where no one has power to unilaterally make a decision.
"That's the way our state constitution is designed. It is designed so that we have a public conversation about these expenditures. That's what all the transparency and all the other things we celebrate as part of the Florida process is that helps make up a better process is all predicated upon having a broad political discussion on these decisions and not having any sole unilateral decision."