You asked for (1) a list of offices affected by the change to Joint Rule 3(c)(2) concerning the Executive and Legislative Nominations Committee and (2) a list of other appointments subject to the process for confirming department heads.

CHANGE TO JOINT RULE 3(C)(2)

The General Assembly modified Joint Rule 3(c)(2) by making the cochairpersons and ranking members of the committee of cognizance of matters relating to the duties of a nominee for “department head,” as defined by CGS § 4-5, nonvoting, ex-officio members of the Committee on Executive and Legislative Nominations for the purpose of considering the nomination.

Table 1 is the list of department heads designated by CGS § 4-5.

Table 1: Department Heads

Table 1: -Continued-

Obsolete or Conflicting Provisions

There are conflicting statutory provisions concerning the appointment and confirmation offices. The statutes identify two offices as “department heads,” but these references are apparently obsolete. In 1995, the General Assembly abolished the Department of Liquor Control, transferred its functions to the Department of Consumer Protection, and reconstituted the commission by making the consumer protection commissioner its chairperson. Even though the department no longer exists, the law designates the Liquor Control Commission as a department head and requires appointments to it to be confirmed by the legislature. In practice, the governor has not submitted commission appointees to the legislature for confirmation since before the department was abolished in 1995.

The statutes designate the chairperson of the Public Utilities Control Authority as a “department head” subject to legislative confirmation, but the statute creating the authority requires the board members to elect their own chairperson. In practice, the governor has submitted appointments as members to the legislature for confirmation but has not submitted an appointment as chairperson, and the authority has been electing its own chairperson.

OTHER APPOINTMENTS SUBJECT TO DEPARTMENT HEAD CONFIRMATION PROCESS

The law sets deadlines for confirming department heads and for appointments to certain higher education boards. The deadline applies to these boards even though the statute does not designate them as department heads (CGS § 4-9c). Table 2 identifies the boards.

Table 2: Higher Education Boards

DEPARTMENT HEAD APPOINTMENT PROCESS

Appointment and Term of Department Heads

The governor must appoint each department head by March 1 of the first year of the governor's term with the advice and consent of either chamber of the General Assembly. Department heads serve at the governor's pleasure, but not longer than four years from March 1 in the year of appointment, unless reappointed. If a department head is not appointed by March 1, the incumbent may continue to serve until March 10 (CGS § 4-6).

Confirmation Process

The governor must make the nominations for all department heads by February 1 of the first year of the gubernatorial term. A nomination may be made to either chamber of the General Assembly. That chamber has sole responsibility for confirming the nomination. The statute identifies which office is a “department head” for the purposes of the statutory confirmation procedure (CGS §§ 4-5, 4-6, and 4-7).

Confirming Nominations

The chamber that received the governor's nomination must “immediately refer” it to its committee on executive nominations. The committee must report by resolution within 15 calendar days after the date of reference. The chamber must accept or reject the resolution within 10 calendar days after receiving it from the committee. If confirmed, the nominee may take office on March 1 of the year in which he is nominated, with two exceptions (CGS § 4-7(a)). One, if a nominee is not appointed or reappointed by March 1, the incumbent may continue to serve until March 10. Two, if a department head position is vacant before March 1 during the first year of a governor's term, the nominee may exercise the powers and duties of the office as a designate before confirmation (CGS § 4-7(b)(2)).

Vacancy Appointments During a Regular Session. If a vacancy occurs when the General Assembly is in regular session, the governor must submit a nomination to fill it within 30 days of its occurrence. The chamber must immediately refer the nomination to its committee on executive nominations. The committee has 10 legislative days to report its resolution. If the chamber confirms the nomination within 30 calendar days after it is submitted, the nominee takes office and serves until the end of the original term. If the chamber rejects the nomination within 30 calendar days after it is submitted, the governor must, within 30 days of the rejection, submit another nomination. If a nomination is submitted within 30 days of a session's constitutional adjournment date and the legislature does not confirm or reject it, the procedure for filling vacancies that occur during the interim must be followed (CGS § 4-7(b)(1)).

Vacancy Appointments During the Interim. If a vacancy occurs during a legislative interim, the governor must fill it until the sixth Wednesday of the next regular session. The governor must submit the name of the vacancy appointee to either chamber for confirmation at the beginning of the next regular session. The chamber to which the nomination was submitted must follow the procedure for vacancies occurring when the General Assembly is in session (CGS § 4-7(c)).

Rejected Nominations. No one whose nomination has been rejected by resolution may serve in the office for which he was nominated during the term of the chamber that rejected him (CGS § 4-7(d)).

Qualifications, Duties, and Powers

The law requires department heads to be qualified by training and experience for the duties of their office. They must act as the governor's executive officer to accomplish their department's purposes. They must plan comprehensively and coordinate their agencies' programs, organize their agency to promote economy and efficiency, and designate deputies to act on their behalf when absent. They may abolish, transfer, or

consolidate the parts of the agency; make regulations; enter into contracts; receive money, revenue, or services from the federal government, corporations, associations, or individuals; and create advisory boards.

They must devote their full time to their duties with the department and may not engage in any other gainful employment (CGS § 4-8).

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