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November 30, 2006

Common Cause nudges Assembly over separation of powers

Journal photo / Bill Murphy
Peter Hufstader, research director of Common Cause of Rhode Island, announces the release of a progress report on separation of powers today. Looking on is Christine Lopes, the new executive director of Common Cause.

PROVIDENCE – The General Assembly isn’t finished implementing separation of powers, and the advocacy group Common Cause held a press conference today to remind the Assembly of just that.

"The bottom line is that progress is being made, but we’re not done," Common Cause of Rhode Island’s new executive director, Christine Lopes, said. She later added, "We’re dealing with something that no other state has dealt with in over 200 years. It’s going to take time."

The Common Cause event focused on annual reports from state agencies – a part of separation of powers that the Assembly isn’t ready to tackle just yet, said state Rep. Elaine M. Coderre, D-Pawtucket, who chairs the House Committee on Separation of Powers.

In an interview after the press conference, Coderre said Common Cause is "getting a little bit ahead" of what her committee can handle. However, she said she appreciates the group's research and advocacy on the issue.

The Assembly has not yet addressed several important boards, in part because Common Cause strongly opposed proposals for how to reconstitute those boards during the 2006 legislative session.

There are sure to be fireworks during the 2007 session over what those boards, which include the Narragansett Bay Commission and the Coastal Resources Management Council, should look like.

But today's focus was on the reporting requirement. Part of the reason for removing legislators from the boards is that the legislative branch is supposed to perform an oversight function – that is, oversee the executive branch, which includes the boards in question – as part of the checks and balances between the three branches of government.

-- Journal staff writer Elizabeth Gudrais

All of the boards are required to file reports, but not all the requirements specify what the reports should contain, or who’s supposed to read them or respond when a board misses a filing deadline.

In order for the oversight function to work, the reports "must be submitted, someone must enforce compliance, and someone must verify the contents and follow up if necessary," Common Cause research director Peter Hufstader said.

A constitutional amendment to require that Rhode Island’s three branches of state government be "separate and distinct" was approved by 78 percent of voters in 2004. Since then, the most visible aspect of the measure’s implementation has been removing legislators from state boards and commissions.

The Assembly removed lawmakers from 50 boards and repealed 13 more boards that were inactive. Still, work remains to be done on that step.

-- Journal staff writer Elizabeth Gudrais

Posted by Steve Peoples at 5:02 PM | Permalink

November 30, 2006

Common Cause nudges Assembly over separation of powers

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