(The Center Square) – A state constitutional amendment in the early stages of development suggests curbing the authority of unconfirmed cabinet officials.
Republican Sens. Kristin Phillips-Hill and Judy Ward recently began circulating a co-sponsorship memo for the proposal that says gubernatorial appointees unconfirmed by the Senate should exercise limited authority.
The sentiment stems from former Gov. Tom Wolf’s habit of nominating department heads without submitting them to the Senate to begin the approval process, the senators said. As such, the appointees maintained titles in the interim, but enforced regulations – such as a statewide mask mandate – without ever facing vetting from the upper chamber, and by extension, the voters they represent.
“Unelected bureaucrats can have a major impact on our daily lives as we witnessed during the pandemic, and without the Senate consenting to these individuals, government can run rampant without any recourse,” Phillips-Hill said. “As it is a proposed constitutional amendment, this would give voters the ultimate say in their state government.”
Wolf appointed more than 30 officials during his eight years in office that only held acting titles, many of whom cycled through the administration during the COVID-19 pandemic. During that time, legislators voiced fervent opposition to mitigations that impacted elections, health care access, and public schools, arguing that Wolf never considered their recommendations for virus management.
Doing so violated the constitution, the senators said, and tipped the scales in favor of the executive branch. In May 2021, voters approved an amendment that limits the governor’s emergency powers as a “step” toward balance.
“Our founders knew very well that where power goes unchecked, democracy fails,” Ward said of the latest proposed amendment. “This legislation ensures that elected government bureaucrats chosen by the governor cannot control the lives of Pennsylvanians without first receiving the advice and consent of the people through their elected representatives.”
In September 2021, Wolf withdrew the nomination of Acting State Secretary Veronica Degraffenreid after alleging that Senate Republicans would not vet her fairly amid the chamber’s controversial election investigation.
Senate Republican leadership had long blamed the department, led by former Secretary Kathy Boockvar until February 2021, for offering contradictory and confusing guidance to county officials in the days before the 2020 election that led to a disparate application of the rules statewide. The chamber said the investigation isn’t about overturning results, but rather will help them fine-tune the state’s election laws and restore their constituents’ faith in the process.
Leaders also pointed to other “colossal failures” from the department – including a botched constitutional amendment and the insertion of “misleading language” into the ballot questions about the governor’s emergency powers – as raising just some of “the many legitimate questions” senators had about the agency’s performance.
Nominees for the Department of Health faced similar scrutiny, with several bills in the last legislative session advanced to curb their authority as the contention over pandemic regulations between the branches surged.
Constitutional amendments must pass the General Assembly in two consecutive legislative sessions before voters decide its fate. New rules adopted in the state House require lawmakers to conduct hearings before voting on the measures, and limit ballot referendums to November general elections only.
House Democratic leadership said the new rules provided more public vetting of the issues and will ensure final results reflect a broader swath of voters, who often participate in higher numbers during general elections.
A spokesman for Gov. Josh Shapiro declined to comment on the issue, citing legislative language having yet to be formally introduced.
