In addition to its lawmaking functions, the state Senate is there to provide what’s called “advice and consent” on the Cabinet nominations from the governor. And it’s essential that these nominees be vetted properly to provide some assurance to the public that the administration has executives in place to do the work the governor was elected to do.
The public is now reasonably questioning, though, whether this system is working as it should. Three of the governor’s nominees as agency heads have failed to win confirmation: Chris Sadayasu at the Department of Business, Economic Development and Tourism; Ikaika Anderson at the Department of Hawaiian Home Lands; and Scott Glenn at the Office of Planning and Sustainable Development.
Sadayasu was voted down both in committee and by the full Senate; Anderson failed to win a committee endorsement and then withdrew from contention; and Glenn got a thumbs-up in committee but, after two senators changed their committee votes, only fell short in a tie on the Senate floor.
What is going on here? Nothing that’s straightforward, that’s for sure. And this late in the session, there shouldn’t be multiple state agencies with such uncertainty over who will be sitting in the director’s chair. It doesn’t help to get the administration’s program going on a good pace.
The Honolulu Star-Advertiser sought the reasons for the 12-12 outcome in the Glenn vote, but the responses were unknown or unsatisfactory. State Sen. Stanley Chang, who switched his vote, did not respond to calls for an explanation. Neither did state Sen. Joy San Buenaventura, absent from the crucial floor vote, talk about how she would have cast.
State Sen. Angus McKelvey issued a statement citing unnamed, disgruntled employees of Glenn’s agency and other unnamed entities unhappy with how the office deals with expert opinions. Somehow this didn’t surface in committee testimony from supporters who gave their names.
McKelvey’s weak argument leads onlookers to believe the scuttlebutt that it’s all about something more nefarious. There’s talk about senators being bullied to push their votes this way or that. Former state Sen. Russell Ruderman, on the record, listed Sens. Donovan Dela Cruz, Glenn Wakai and Michelle Kidani among those applying pressure.
Is there vote trading going on? Of course, the reality is that such deal-making is the essence of legislating.
But confirming Cabinet members is something different. Governors are put in office to get something accomplished, and they lay out their platform to show their priorities. Gov. Josh Green won election overwhelmingly, so it appears the voters generally want what he’s got planned. If a nominee is rejected, the voting public should be told plainly why they were.
Even in a closer race, a governor should be given the discretion to assemble a team that he or she believes can deliver.
Of course, there have been past confirmation fights.
“Not every governor has the situation where all the nominees went through,” said Lt. Gov. Sylvia Luke on Monday in the Star-Advertiser’s “Spotlight Hawaii” webcast. Perhaps she was trying not to ruffle any more feathers at this stage, but the fact is the treatment this time has been worse, for reasons that are not clear to the public.
Six directors have been confirmed, and there’s a lot to do to whittle away at a long list. In the past few days, Dawn Chang and Dr. Kenneth Fink, respective nominees to head the land and natural resources and health agencies, received affirmation in committee-level votes. That’s a start.
But in the waning weeks of session, Senate leaders must change their approach to its sober advice-
and-consent duties so that it comes across more as such, and less as a grudge match.