Gov. Gibbons Insists Staff Will Not Participate In Budget Review, Senate Majority Leader Horsford Denies Accusations of Conflicts

CARSON CITY – Gov. Jim Gibbons sent a letter to legislative leadership yesterday saying executive branch officials will not attend next week’s meeting of a lawmaker panel formed to undertake a review of state agency budgets.
The decision could create a legal and constitutional showdown between Gibbons, who is in the final months of his term, and the Legislature, over the authority held by the two branches of government.
Gibbons cited the separation of powers between the executive and legislative branches for his decision not to allow members of his administration attend the first meeting of the Legislative Committee for the Fundamental Review of the Base Budgets of State Agencies set for Wednesday.
Gibbons was responding to a June 24 letter from Legislature that said if executive branch employees fail to cooperate with the committee, they “will have breached their constitutional duty to see that the laws are faithfully executed.”
In the letter, legislative leaders said the budget review committee has the power to subpoena administration staff to attend the meetings. Failure to attend could result in contempt of court violations, the lawmakers said.
“While we agree that the governor is vested with the supreme executive power of this state, the Nevada Supreme Court has made clear that the power vested in the governor by the Nevada Constitution does not include the power to disregard acts of the Legislature,” the letter to Gibbons said.
The legislative committee is being headed by Sen. Joyce Woodhouse, D-Henderson, who is up for re-election this year. Scheduled for review at the first meeting of the panel is the lease of private office space overseen by the Division of Buildings and Grounds; and the Division of Parole and Probation.
In his letter, Gibbons questioned the motives of lawmakers in seeking to review certain agencies and programs.
“The current exercise of reviewing certain executive branch agencies appears to be more of a ‘witch hunt’ than an endeavor to find a solution to the general fund problem,” he said.
Gibbons cited as an example the committee’s decision to review the state Housing Division.
Gibbons said Senate Majority Leader Steven Horsford, D-Las Vegas, successfully sought legislation in the 2009 legislative session to have the agency establish contractual relationships with nonprofit collaboratives to provide training in weatherization of homes as part of Nevada’s federal stimulus spending.
But Gibbons said Horsford has a conflict because he is chief executive officer of the Culinary Training Academy, an organization with a vested interest in ensuring the funds identified in Senate Bill 152 go only to union-based collaboratives.
“Despite this conflict, Sen. Horsford continues to regularly participate in hearings and meetings regarding the implementation of S.B. 152,” Gibbons said.
Horsford said he expects the budget review committee will at its meeting ask for the required information with the expectation that it will be provided by state agency officials.
“The question is: Why wouldn’t they?” he said. “My hope and expectation is that the agencies will provide the requested information.”
Horsford said the committee is seeking ways to make government more efficient and accountable in the face of a $3 billion shortfall in the next budget, a goal Gibbons pursued through his own spending and efficiency commission and as part of his campaign.
“My question at this point is why would the governor block that?” he asked.
There would have to be more discussion by legislative leadership before any decision could be made about the need for subpoenas should the administration maintain its position of noncooperation, Horsford said.
Horsford said Gibbons’ claim that he has a conflict regarding the Housing Division and the weatherization program is wrong.
Horsford said the Culinary Training Academy is an agency that helps prepare people to acquire the skills needed for employment in the hospitality industry, and has never had a role in the weatherization program. Horsford is also a volunteer member of the board of Nevada Partners, but said the organization has no direct role regarding the weatherization program either.
“The governor is wrong, and his allegation is unfounded,” he said.
Gibbons said the Legislature’s staff already has all the current budget information.
“The committee’s actions do not amount to basic studies in preparation for the next legislative session,” he said. “These inquiries are not reasonably necessary for budget decisions. If the Legislature truly wants information reasonably necessary for budget decisions, that information is already in LCB’s possession.”
Gibbons concluded by saying: “Therefore, please be advised that those executive branch employees that have been asked to attend the committee’s meeting next week will not be in attendance. I truly hope that we can amicably settle this impasse.”
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Here is the letter to the governor:
leg ti gibbons on budget
And the governor’s response:
(technical difficulties! coming soon…)

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