GOVERNOR'S VETO EXPLANATION

Pursuant to Article V, Section 6 of the Constitution of Virginia, I am vetoing Senate Bill 858.

Senate Bill 858 is an exceptionally illogical piece of legislation which does not follow proper business management. It constitutes extreme micromanagement by the General Assembly of a function clearly best performed by (and statutorily required of) the agency head. This marks the first time that the General Assembly would be involving itself in the hiring of Executive Branch employees who are not appointed by the Governor. It should be further noted that the Governor is prohibited by Code from getting involved in these decisions.

Senate Bill 858 would require the confirmation even of confidential secretaries (since some agency heads may, and have, decided to hire someone they already know and have worked with into one of these positions.)

Senate Bill 858 would require General Assembly confirmation for the hiring of any person as "Chief Deputy or equivalent" and "Confidential Assistant for Administration or Policy." Each of these positions is hired by the agency head and each agency is limited to a maximum of two of these positions, which are exempt from the Personnel Act. There are less than 30 of these positions in state government at this time.

These positions were created as a result of my administration working with the General Assembly in 1994 and 1995 to reduce the number of exempt employees in state government. Prior to this administration, there has been approximately 600 employees who could be dismissed without cause, as result of SB 643, which became effective in 1985. Thus, my administration reduced the number to a maximum of two per agency and grandfathered all employees who were in those positions upon the effective date of new legislation.

Our changes provided classified protection for hundreds of employees, yet allowed agency heads to have two employees, serving in key positions, who are at-will employees. They can come in with a new agency head and depart when that agency head leaves. Employees affected also know ahead of time what their status as an at-will employee means.

Senate Bill 858 would be obviously disruptive to sound management of agencies, would subject these hiring decisions to political influence and provides no additional benefit to the employees affected.