After the shenanigans a couple of weeks ago at the “Director’s Nominations” Committee it became crystal clear that Governor Hobbs nominees to lead state agencies won’t be getting a fair shake from the Committee or the Senate. We posted a blog recently arguing that the Governor should use loopholes in the statute to get her nominees onto more stable ground.
Last week the governor did just that. In fact, she basically implemented Option 3 from our playbook: Time to Play Hardball with Agency Director Nominations? Here’s a Playbook
The statutes about senate confirmation requirements are sufficiently vague and supply loopholes that could give Team Hobbs stability and governance options in the absence of Senate feasance.
The statutes about senate confirmation requirements are sufficiently vague and provide loopholes that gave Team Hobbs options to provide stability and governance options. See: 38-211 – Nominations by governor; consent of senate; appointment
Governor Hobbs’ letter to Senate President Petersen outlined her arguments for why the move was necessary: Governor Hobbs Letter to Senate President Petersen & Governor Katie Hobbs Pulls Nominees from Partisan Political Circus Created by Extremist Jake Hoffman
Here’s what went down: Hobbs first withdrew the nominations of all the agency directors that she had previously sent to the Senate. She then appointed a guy named Ben Henderson as the Interim Director for each of the agencies. Mr. Henderson proceeded to name the person who had previously been nominated to be director to the title of Executive Deputy Director.
For example, Karen Peters – who had been the ADEQ Director – is now the “Executive Deputy Director”. From what I understand, Ben Henderson is still technically the Director, but everyone knows it’s really Karen Peters.
There’s no change for now for those agencies in which the Director’s choice had not been formally sent to the Senate. For example, Hobbs tweeted that she is naming Jennifer Cunico to be the ADHS Director, however she never actually sent her name to the Senate for confirmation. As such, her title is unchanged – and she is still the “Acting Director” according to the Org Chart: AZDHS Org Chart
Editorial Notes: The next part of this story will likely be told by the Office of Administrative Hearings & Judicial branch. One possible scenario could play out like this: Let’s say ADEQ denies an aquifer protection permit to an applicant in the near future. That applicant may grieve the decision and challenge it in the Office of Administrative Hearings.
The OAH Judge’s Order would then go back to the Agency for a final decision. If still denied, the applicant may appeal the ruling to the court system, arguing that an agency director isn’t in place as required by law. The judge would then need to sort out whether that agency administrative decision was valid or not.
Sen. Jake Hoffman scolds a Hobbs’ nominee for plagiarism. No, really
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