HELENA – Members of the Legislative Council on Wednesday discussed making changes to the commissioner of political practices office, citing concerns of partisanship and outlining what they said were flaws in the appointment process.
However, another legislative panel, the State Administration and Veterans’ Affairs committee (SAVA), is reviewing the office and is expected to discuss changes, if any, at its next meeting.
Questions have surfaced after Political Practices Commissioner David Gallik resigned in January amid allegations from staff he was doing private business on state time. Gallik denied the claims and said staff was resistant to changes he wanted to make. Gov. Brian Schweitzer then appointed Jim Murry, a former Schweitzer campaign treasurer, to the position. Last week, the political practices office reversed a decision by previous commissioners and cleared the governor of using state funds to make public service announcements for radio. Murry had recused himself from the investigation and appointed a deputy commissioner to review the complaint filed by the Montana Republican Party.
The commissioner, appointed for a six-year term by the governor and confirmed by the Senate, investigates alleged violations of election laws and enforcing election, campaign practice and finance laws. The current term ends Dec. 30, 2016 and the job pays $57,689 annually.
Susan Byorth Fox, executive director of Legislative Service Division, told lawmakers staff is completing a study for the SAVA committee that looks at how other states handle political practice and ethics issues.
She said Montana was the only state that has a single commissioner, and some offices in other states investigate on their own while Montana waits for a complaint to be filed. She said three states have the office within the secretary of state’s office. She said many of the states started political practices and ethics commissions in the ‘70s, soon after the Watergate scandal prompted the resignation of President Richard Nixon.
The Legislative Council, which has top Republican and Democratic members among its members, provides direction “for the efficient operation and improvement of the legislative branch.” It is also the administrative committee for the Legislative Services Division.
Committee members offered differing opinions on the next course of action. And some members from both sides of the aisle expressed a desire for change.
“I believe we should pursue this further. This system we have now does not work” said House Speaker Mike Milburn, R-Cascade. He said the system should not be set up in which the governor appoints a person who may have to make judgments on ethics and complaints about the governor and his staff.
Senate Minority Leader Carol Williams, D-Missoula, agreed, adding “there are better ways to do it.”
She suggested sending a couple members to the next SAVA meeting, adding there would likely be a couple bills in the 2013 legislative session to “tweak” the qualifications for a person appointed to the post.
Senate President Jim Peterson, R-Buffalo, said he attended the last SAVA meeting. “There are clearly some flaws in the process the committee agreed to look at it.”
He said there was not a consensus, but the SAVA committee agreed to review it.
“In the end, there is a concern of no separation of power there with the governor having final say,” Peterson said. “It has caused some angst.”
He said there must be a way to make the appointment by more than one branch of government and would like to see an appointment process that involves the executive, judicial and legislative branch.
But House Minority Leader Jon Sesso, D-Butte, said there was no obvious cure.
“My sense is that it’s a cyclical thing and we have to do the best we can,” he said. “I don’t see any good solutions on the horizon.”
He said there will always be a perception of partisanship with appointments. “You just have to trust the governor at the time to make good choices.” And he said he would be interested to learn what is done in other states.
Senate Majority Leader Jeff Essmann, R-Billings, said the system needs change.
“The current structure lacks due process,” he said. “You have the investigator, prosecutor, judge and jury all in one person and that’s a problem.”
He suggested a commission that has five members.
Williams said getting changes to the position could be a “bigger budget” item in the next legislative session and would take the commitment of the Legislative Council and SAVA committee to get it passed.