Columbus – The Ohio Senate Democratic Caucus filed a formal protest today after the Senate’s unconstitutional rejection of Governor Ted Strickland’s appointments to various boards and commissions. The appointments included highly qualified Ohioans of both political parties who were appointed to serve on the State Board of Education and the Ohio Lottery Commission.
“This is another disappointing example of partisan politics in the Ohio Senate,” said Senate Minority Leader Capri S. Cafaro (D-Hubbard). “Many of the appointees have already proven themselves to be outstanding public servants. It’s a shame they will not be able to continue their service to this state.”
Former Governor Strickland made the 14 appointments after the Senate majority took the unprecedented action of rejecting 78 appointees in December without regard to qualifications or experience. Three of the latest appointees—Robert Boggs, Rhine McLin and Kimberly Zurz—have previously served with distinction in the Ohio Senate as well as other positions in state and local government.
“It is time for the Senate to re-examine the confirmation process so all appointees are treated fairly,” said Senator Nina Turner (D-Cleveland). “What the Senate did today was tell Ohioans they need not apply for public service if they are appointed by a governor affiliated with the wrong political party.”
Governor Strickland submitted the 14 appointments on December 21, 2010, which is one day before the final ten days of the 128th General Assembly (which is comprised of the House of Representatives and the Senate, not just the Senate.) Because the Senate failed to act on the appointments in a timely manner, today’s vote to reject the appointments is unconstitutional. The protest by the Senate Democratic Caucus makes the following point:
“We believe that pursuant to Article III, Section 21 of the Ohio Constitution, that the Senate has already consented to the confirmations of the 14 appointees to various boards and commissions by failing to act before the 128th General Assembly adjourned sine die.”
“Today’s vote by the Senate majority raises serious constitutional questions,” said Senator Eric H. Kearney (D-Cincinnati). “I am also concerned that outstanding people were rejected without the opportunity to properly evaluate their qualifications.”
The Senate Democratic Caucus’ protest will become part of the official Senate Journal.
