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twitterAs Gibbons gains power, lawmakers see danger
Democrats worry he will abuse broad authority to spend taxpayer money
Tuesday, Aug. 25, 2009 | 2 a.m.
Gov. Jim Gibbons
Sun Archives
- Lawmakers OK Gibbons’ stimulus czar (8-24-2009)
- Gibbons bypasses lawmakers, names stimulus director (8-18-2009)
- Governor, Democrats on brink of showdown over stimulus funds (8-16-2009)
- Gibbons skirts legislators in action to oversee stimulus (8-14-2009)
- Governor balks at shift of stimulus authority (8-12-2009)
- Gibbons ready to tear at legislative patch (8-9-2009)
- Legislature reins in Gibbons; Democrats cite incompetence (8-5-2009)
- Committee vote delays $10M in stimulus money (8-3-2009)
- Democrats reject Gibbons' 'stimulus czar' proposal (8-3-2009)
Sun Coverage
CARSON CITY — The governor’s office gained authority Monday to swiftly and unilaterally spend federal stimulus money without legislative approval, causing some lawmakers to worry that Gov. Jim Gibbons and his successors can now wield unchecked power over taxpayer dollars.
According to an attorney general opinion released Monday, Gibbons can legally adjust budgets and accept federal money if he first declares an immediate need for action “for the protection of life or property.”
The short-term result: Gibbons will largely have carte blanche over $2.2 billion in federal stimulus spending.
Less clear is how far Gibbons, or his successors, will take this authority, which longtime observers of state government say hasn’t been invoked except during natural disasters.
Gibbons had argued future grants under the federal American Recovery and Relief Act — which has strict reporting requirements and time lines — would be imperiled if he couldn’t move quickly. His office said Monday that he has no plans to exercise the authority beyond the stimulus.
But some lawmakers said Gibbons could use the attorney general’s opinion to take money the Legislature budgeted for one purpose — say, education — and move it to another — such as corrections — as long as he first declares that immediate action is required for the protection of life or property.
The need for legislative oversight was illustrated by Gibbons’ request for additional staff in the governor’s Energy Office, according to Assemblywoman Debbie Smith, D-Sparks.
The office originally requested 10 positions, at a cost of $3.47 million, to oversee $34.7 million in energy money in the stimulus. After questioning by lawmakers this month, the office requested just three new positions.
Following Gibbons’ victory Monday, Robin Reedy, the governor’s chief of staff, said the office now plans to fill all 10 of those positions, and it won’t be asking the Interim Finance Committee, a body of the legislature that meets between sessions, for approval.
Nevada’s executive branch already enjoys broad authority, a historic imperative given that the state’s part-time Legislature meets only every two years for 120 days.
Spurred by Gibbons’ unpopularity, legislators while in session sought to take more control over state government. Among the changes they debated was requiring the governor to gain legislative approval for his appointees. Those efforts failed.
But lawmakers continued their attempt to expand their authority after the session ended June 1, by trying to gain control over the stimulus. This month the Interim Finance Committee rejected the governor’s request for a stimulus coordinator position and a plan to spend $10.5 million weatherizing homes.
With Gibbons threatening to challenge the constitutionality of the Interim Finance Committee, the panel of lawmakers approved the requests Monday.
“The Legislature was trying to expand the breadth of what they do,” Reedy said. “This is an ever-so-slight correction.”
Gibbons’ office boycotted Monday’s meeting and most Republican lawmakers abstained from voting because they agreed with Gibbons, that a legislative vote wasn’t necessary.
Reedy said the administration plans to bring almost all stimulus spending to the Interim Finance Committee as informational items, over which committee members would have no say. The vast majority of the stimulus will be solely controlled by the governor, she said.
She denied Gibbons’ stance amounted to a power grab.
Controller Kim Wallin, who initially wanted lawmakers’ approval before entering stimulus spending in the state’s accounting system, expressed concern over the governor’s new authority.
“With the governor’s ability to declare there’s an emergency, and a danger to life and property, where are the checks and balances?” asked Wallin, a Democrat. “Where does declaring an emergency end?”
Nevada Sen. Randolph Townsend, R-Reno, speaks on the floor in the Senate chambers at the Legislature in Carson City.
Sen. Randolph Townsend, R-Reno, pointed out that the governor would have to bring emergency budget changes to the Legislature as informational items.
“At that point, we have no authority over it,” he conceded. But he blamed the battle between Democrats and the Republican governor on partisanship.
“It’s been a long time since we’ve had one party in the executive branch and one in the legislative branch,” he said.
Senate Minority Leader Bill Raggio abstained on the votes to approve the stimulus coordinator and weatherization plan, which he called unnecessary. But he wouldn’t commit to doing that in the future. He said he’d take items on a case-by-case basis.
“I’ll have to look at the request,” Raggio said.
Assembly Majority Leader John Oceguera, D-Las Vegas, said, “The constitution also provides for the Legislature to oversee the appropriation of money.”
The two items passed with only Democrats voting in favor.
Assemblywoman Smith said the provision of state law that allows the governor to expend money if life or property are at risk is likely to be examined by the Legislature when it next meets in 2011. She said she still believes the Legislature has authority over the money.
Discussion: 28 comments so far…
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The democrats in the legislature over reached and brought back a bloody stub. Maybe they should have practiced a bit of restraint and they wouldn't find themselves rendered irrelevant.
A very balanced and thoughtout news article.....NOT!!!!!
Not one single sentence about a good chunk of people who question the constitutionality of IFC which eventually the legislature itself must think too otherwise they would have sued to protect their imaginery oligarchy IFC powers.
Again, the Sun is a rag that is just a printout of the offical talking points of Nevada Democratic Party.
If you need the printout of the talking points then you have come to the right place.
So, SgtRock, legality aside, is it really a good thing that Gibbons has unilateral power determine how all money is spent when the legislature is out of session?
Assuming that - as you so often advocate - you desire more democratic process, will you fully support a constitutional amendment to create a proper, full time legislature that will have to power to determine all appropriations?
"The democrats in the legislature over reached and brought back a bloody stub. Maybe they should have practiced a bit of restraint and they wouldn't find themselves rendered irrelevant."
With our current system, and a very high chance that a Democratic governor will be elected along with an overwhelmingly Democratic legislature the Republicans will soon have a stump where their head is, neiman1.
Either way, the only sensible conclusion is to constitution to institute a full-time legislature, one that is compatible with a real economy. The IFC is a hack job that should be done away with and replaced with a truly democratic solution.
Hey all. Today (August 25) on Face to Face with Jon Ralston, we are talking with Attorney General Catherine Cortez Masto about her opinion on the stimulus money and much more. That's at 5:30pm, 6:30pm and 8pm on Las Vegas ONE, Cox Cable Channel 19.
A big no to a full-time legislature....
Legislatures never, even full-time ones, are in session 24/7 365 days a year. That is what the executive branch is for. To execute the law and make operational decisions.
Most governors and the President has authority to make minor adjustments to budgets and to accept new unforseen revenue.
I am OK with the legislature meeting in small short session, like 14 days (including Sat and Sun), to dicuss only budget matters in non-regular session years.
So much for Masto's short career...
James-
Thank you. The "usual suspects" are off in right-wing la-la land with their Luv Guv Gibbons (as usual), but you hit the nail on the head. The legislators obviously saw the IFC as their only way to check and balance the Governor's power. And in these times when we have a complete psychopath as Governor, it's absolutely necessary.
But instead of trying to bypass the Nevada Constitution, Democrats should consider amending it to allow for a full-time Legislature. And perhaps with other reforms, such as curbing lobbyist influence and implementing full, "clean money" public campaign financing (as Arizona and Maine already do), we can really clean house in Carson City and finally make it work again.
Three words:
13% approval rating.
look at that little gibbons monkey...
10% of the money for oversight jobs...
and i thought it was only the democrats that wasted money...
hee hee hee...
where is all the retarded republican outrage...
you know all the boiler plate lines...
taxpayer money...
cut taxes...
taxes taxes taxes...
come on my retarded republican friends...
you guys aren't hypocrites...
are you???
Sgt Rock,
Your counter makes little since because in most democracies - including most states and the Federal Government - it is the democratically elected legislature determines appropriations (i.e. how money is spent), while the executive (often a governor) with a small amount of wiggle room is charged with following the legislature's directive.
The governor has many powers, but making laws and determining appropriations is determined by a democratically elected legislature.
A legislative appropriation is a law that is effective for twenty-four hours a day, three-hundred-and-sixty-five days a hear. It does not go out of force once the moment legislature adjourns.
This is America, and a governor is not, or at least should not, be an elected duke able to effectively pass laws and spend money will little or no challenge or oversight. To assert otherwise is fundamentally undemocratic.
Since you are fiercely advocating is a strong executive with king-like authority, would you make these same passionate arguments for an elected duke with a Democrat in the Governor's Mansion?
To clarify my previous position, I strong advocate a weak governor and a very strong legislature. What SgtRock advocates is a very strong governor with a rather weak legislature.
James the issue here isn't part time vs. full time legislature. It's a game between the governor and the legislature in which both are exercising potentially unconstitutional practices. The IFC would most likely lose a court case if the governor challenged their power in court and the members of the IFC don't want to lose those powers. They still get to keep control over billions while they let the governor control the $2.2 billion in stimulus money.
Also having strong vs. weak bodies isn't desirable; the best form of government is to have balance where each body checks the other from gaining more power and preventing them from running wild with some new fangled fad that destroys wealth and rights.
rock/shrek/dessertsun: these guys are living in the past still wearing leisure suits and smoking lucky strikes. you'll find them at the end of the bar nursing a bud light in a cloud of smoke.
All the Dems on this board don't complain about the power grab the POTUS has undertaken, but are outraged at Gibbons. Give me a break. If Gibbons was a Democrat you would not complain at all at how he wants to handle the money. You keep telling us elections have consequences, the consequence in Nevada is that Gibbons is in charge.
why is everything always a constitutional crisis with these retarded republicans???
always was with w the scum bag liar loser clown...
always was with cheney the evil doer...
always was with karl i have no morals rove...
and lookie here...
monkey boy gibbons wants in on the action...
what pathetic clowns our retarded republican friends are!!!
I don't even understand why they're arguing! Isn't almost all of that money going to have to go toward unemployment?
Folks: I didn't find anything too interesting today, as all the monkeys (legislators) were speaking only for themselves and their ideas. Really, haven't these morons ruined this state with their wisdom from the past 20 years. Let Gibbons finish it off. This state deserves no better--the voters are foolish...and keep electing idiots. Yeah, tell me I'm wrong!
Is everyone aware Governor Gibbons--who has such a tight handle on this state, is allowing prison guards to plant knives in other prisoner's cells--for the benefit of the guards and their perverted sick minds at Lovelock Correctional Center, Lovelock, Nevada.
Guards Bennett, Dickaman, Tooker and others are raising hell within the prison--with the cooperation of their fearless leader, Warden Jack Palmer and his side kick Associate Warden, Sandie.
I have the affidavits of this abuse, but cannot get a news media to take on a prison administration COVER UP. Why is it this way in Nevada? Can't find one attorney to take this case for a civil suit and pro bono. Are they all cowards? I think so!
We all know the governor is a fool and coward to oppose the prison administrators--and he appointed the director of prisons. What the hell is going on in this state. Whatever it is--it stinks in Denmark. O, you poor taxpayers.
Of course, the above listed is my opinion, but shared by many.
Don't any one do anything, you might find yourselves in a fight you can't win. You'll get no help from the Gov, but then, none of us have so far anyway.
Just in case, any one needs to know more. Try 702-740-0402, but I won't hold my breath.
Take care, and have a good night.
FOLKS:
NO ONE SHOULD MISS THE POINT OF THE ABOVE ARTICLE. WHAT THE GUARDS ARE DOING IS A FELONY. IRONIC THAT THE KEEPERS OF MEN ARE WORSE THAN THOSE THEY ARE WATCHING, AND HAVE COOPERATION FROM THEIR LEADERS.
CRIMINAL ACTS COMMITTED UNDER COLOR OF AUTHORITY. AREN'T WE ALL GLAD WE LIVE IN NEVADA?
I LOVE THIS PUTRID AND CORRUPTED COUNTRY, CALLED NEVADAS.
HELL, THIS COUNTRY COMPLAINS ABOUT IRAQI, IRAN, CHINA, RUSSIA AND THE PRISON AT GUANTANAMO BAY AS AN AMERICAN CIVIL RIGHTS ABORTION, BUT IN NEVADA--WE HAVE ALL OF THE ABOVE, AND WORSE.
ALL THE ABOVE WITH THE BLESSINGS OF OUR GOVERNOR AND HIS STUPID, IDIOTIC ADMINISTRATORS. NEVER COMPLAIN ABOUT ANOTHER COUNTRY UNTIL THIS COUNTRY OF NEVADA GETS CLEANED UP.
REMEMBER: "COVER-UP!"
Isn't anyone wondering how many text minutes Gibbons can buy with 2.2 Billion?
It's unbelievable that there are so few Nevadans with enough education and political savvy to even attempt to impeach NevaDUH's villiage idiot!
I'm routinely dumbfounded by how many people in Nevada don't even stay informed on the important issues, and how many do nothing actively, let alone intelligently, to carry out their civic duties - other than whine, snivel and complain!
Nevada is more of a monarchy, with the Governor as King, than anything near a democratic republic - and the majority of the citizenry, more occupants really, make up a silly cyclic circus of political pedestrians!
The saying, "The people get the leaders they deserve" is so easy to prove here in Nevada!
Gibbons is our governor. I could care the less about what the damn Democrats think. They have created more animosity in our state because of their arrogance and disrespect for our governor. I am glad to see he is in charge and NOT them.
I don't care if he's a Republican or a Democrat we need to impeach this idiot before he lines his pockets anymore than he already has.
This whole Republican, Democrat thing is stupid!
I know he hasn't done anything but wreck the economy and put people out of work including me. But he has my vote because "I'm a Republican" or because "I'm a Democrat"
Come on people wake up!
Either there doing us some good or there not!
This isn't a sport it's our Nation it's our lives and the future of our children and our children's children.
This isn't a "Political Super Bowl" or
"World Series"
Most of these Senators are so old they can remember the transition from Horses to Cars and the only reason they stay in office is so they can pull another favor or get another kickback.
We need to put an age limit on politicians, no ones Great Grandpa should still be decision making or running the country.
And yes we probably will have a Democratic Governor next so he can get blamed for everything the Republican one screwed up after he's been in office for a couple months.
Ask your self this;
What has the Governor done for you or the State?
And will it continue when he's gone or will it end up like
Moon Boots and Leg Warmers just another useless fad.
Let's elect a governor named Chase, who isn't a lawyer or a casino lackey and who understands Nevada oh wait that will never happen. Can I run Fred from GMAF motors for governor-those that don't understand Fred look it up. If I can fianace you i can.................
This is a beautiful story about the Democratic Party Liberal/Leftwinger Radicals being brought down by a simple, conservative do-nothing governor with nowhere to go (politically). Love it!
The stimulus money was meant to stimulate the economy by creating jobs. When governors abuse the funds that they have been given it says a lot about the quality of the person and his or her willingness to be deceptive and manipulate the system for their own benefit or that of their cronies.
Oh NOOOOO!!!! You mean the robot union and public employee controlled legislature won't be able to funnel the taxpayer cash out to their union puppetmasters to waste away on manure projects? Oh darn!
Better to have a big bonfire with the cash than to let Horsford and Buckley waste it away on things that will cost us even more later. Of course without funneling this money back to the people that put them in, maybe the unions will bet on another pony next time.
Dina has impressed the hell out of me as well since going to Washington. I had my doubts. When she was here, she was like damage central - helping to destroy the state on a number of levels, but damn... that torch has been passed to Horsford and Buckley who now lead the charge to drive the state in to permanent destitution and make Dina's time here look like "the good ol' days."
I would definitely support Titus going back to Washington again. She has kept her word and has done a good job for us there.