Controlling the Council's Agenda

By Doug MacPherson on Wednesday, December 24, 2003.

Compared with other states, New Hampshire institutes an unusual amount of oversight of state contracts. By law, all contracts in excess of 5-thousand dollars must be approved by the Executive Council. However, it is the Governor who controls the Council?s agenda. In his first year in office, Governor Craig Benson has upset some people by preventing some items from reaching the Council.
New Hampshire Public Radio?s Doug MacPherson reports.

FOYE?S CORNER IS THE NAME OF A NOTORIOUSLY BAD INTERSECTION IN THE TOWN OF RYE. EARL RINKER IS RYE?S TOWN ADMINISTRATOR.

TAPE EARL RINKER it?s a three way stop. It?s confusing to people. It?s a very difficult intersection to negotiate. :06

EFFORTS TO REDESIGN THE INTERSECTION BEGAN IN THE MID 1990?S. THREE DESIGNS WERE CONSIDERED AND REJECTED. FINALLY, AFTER YEARS OF PROFESSIONAL DESIGN WORK, PUBLIC HEARINGS, AND APPROVAL BY THE STATE LEGISLATURE, RYE HAD A DESIGN IT WAS READY TO BUILD. BUT THEN, ACCORDING TO RINKER, THE PLAN RAN INTO A HURDLE NO ONE HAD FORESEEN.

TAPE EARL RINKER the governor never allowed it to get on the council agenda for final approval. : 04

IN FACT, THE GOVERNOR PULLED THE ITEM OFF THE AGENDA OF THE COUNCIL?S BI-WEEKLY MEETING. THE GOVERNOR?S PRESS SECRETARY, WENDELL PACKARD, SAYS GOVERNOR BENSON OBJECTED TO THE PLAN?S 750-THOUSAND DOLLAR COST.

TAPE WENDELL PACKARD 156 The governor had a few questions on how that money was being spent, and now we will be doing that project for much less, with significant savings. :07

THAT?S NOT A SURE THING, YET. GOVERNOR BENSON HAS ORDERED THE TRANSPORTATION DEPARTMENT AND THE TOWN OF RYE TO GO BACK TO THE DRAWING BOARD. RINKER SAYS HE AND RYE?S SELECTMEN ARE FRUSTRATED.

TAPE EARL RINKER The transportation department has spent many years and some money on this project. Came up with an acceptable solution to the citizens of rye. And to not at least have it see the light of day, I think is kind of frustrating. I think it would be helpful at least if we had at least had a chance to look at it. And then if he vetoes it, he vetoes it. And he has a right to do that. :20

A GOVERNOR CAN, IN FACT, VETO ANY CONTRACT THE EXECUTIVE COUNCIL APPROVES. BUT GOVERNOR BENSON, ACCORDING TO EXECUTIVE COUNCILOR PETER SPAULDING, HAS FORMED THE HABIT OF PULLING ITEMS OFF THE COUNCIL?S AGENDA ? DENYING THE COUNCIL AN OPPORTUNITY TO VOTE ONE WAY OR ANOTHER.

TAPE PETER SPAULDING 061 about every meeting the governor pulls anywhere from 10 to 40 items off the agenda. And these range from all the different departments. You really have to ask him on any particular one why he pulled that off, because I don?t know the answer to that. no other governor has ever done this. :17

SPAULDING HAS WORKED WITH FOUR PREVIOUS GOVERNORS. IT?S NOT A PARTISAN ISSUE. GOVERNOR BENSON AND ALL FIVE EXECUTIVE COUNCILORS ARE REPUBLICANS. SPOKESMAN WENDELL PACKARD SAYS IT?S A MATTER OF OVERSIGHT.

TAPE WENDELL PACKARD 025 the governor sometimes has questions or concerns on how the taxpayers money is spent. He takes time to review each item. He feels his responsibility as governor to do that. He takes that responsibility seriously. And in doing so, he helps insure that the taxpayers? money is responsibly and efficiently spent. :16

THAT RESPONSIBILITY HAS EXTENDED EVEN TO FEDERAL DOLLARS THAT COME TO THE STATE. COUNCILOR PETER SPAULDING HAS BEEN TRYING TO SHEPARD THE FUNDING OF A CITY PLANNING PROGRAM CALLED CONCORD 20-20. THE FOURTH INSTALLMENT OF FEDERAL FUNDS FOR THE PROJECT ? HALF A MILLION DOLLARS? WORTH ? IS WAITING FOR EXECUTIVE COUNCIL APPROVAL. BUT GOVERNOR BENSON PULLED 20-20 OFF THE COUNCIL?S AGENDA ? MUCH TO COUNCILOR SPAULDING?S FRUSTRATION.

TAPE PETER SPAULDING 225 It?s a new and good way to deal with transportation planning issues. And it?s something we should be moving forward with. And I?m doing everything I can to try to get the governor to put it back on the agenda so we can get moving on it. :12

ACCORDING TO BUTCH WAIDELICH, WITH THE NEW HAMPSHIRE DIVISION OF THE FEDERAL HIGHWAY ADMINISTRATION, THE HALF MILLION DOLLARS AT STAKE CAN BE USED ONLY FOR CONCORD 20-20.

TAPE BUTCH WAIDELICH 017 these funds for 20-20 were earmarked through an appropriations bill; through legislation; /// specifically for this project. : 06

IN OTHER WORDS, IF THE STATE DOESN?T APPROVE THESE FUNDS, THEY SIMPLY GO BACK TO THE FEDERAL TREASURY. AGAIN, BENSON SPOKESMAN WENDELL PACKARD.

TAPE WENDELL PACKARD 058 the governor has a duty to insure that any federal money is spent properly, just the same as state money is. :05

FOR HIS PART, COUNCIL PETER SPAULDING THINKS THE GOVERNOR TRULY BELIEVES THAT BY REVIEWING STATE CONTRACTS CASE BY CASE, HE CAN SAVE THE STATE MONEY.

TAPE PETER SPAULDING 251 and that might be true on some cases. but that?s not really what we hire and elect a governor to do is to sit down and negotiate contracts on cars or health care services at nh hospitals. You?re suppose to have people that you appoint in these positions that do this task. There?s also some things that you have to do within the law. And the law says that most of these bids have to be done publicly and, you know, sealed bids. So you can?t just take a bidder and sit down and negotiate with them. :24

NO ONE HAS ALLEGED THAT BY KEEPING SOME ITEMS OFF THE COUNCIL?S AGENDA, THE GOVERNOR HAS DONE ANYTHING ILLEGAL. AS PACKARD POINTS OUT, SETTING THE COUNCIL?S AGENDA IS THE GOVERNOR?S PREROGATIVE.

TAPE WENDELL PACKARD 2:26 any agenda item that goes before the executive council is the governor?s agenda item. :04

COUNCILOR SPAULDING SAYS IN THE LONG RUN, THE GOVERNOR?S APPROACH COULD PROVE TO BE A GOOD THING FOR NEW HAMPSHIRE. RIGHT NOW, HE SAYS, IT?S VERY FRUSTRATING. FOR N-H-P-R NEWS, I?M DOUG MACPHERSON.

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