NASHVILLE – State Attorney General Bob Cooper has put his legal blessing on the Tennessee Legislature’s occasional practice of requiring governors to fill board and commission appointments from names submitted by private groups.
Citing previous state attorney general legal opinions and court rulings, Mr. Cooper wrote that “requiring the governor to make appointments to a state board or agency from a list of names submitted by a private entity does not violate the doctrine of separation of powers or otherwise violate the Tennessee Constitution.”
The opinion was requested by Sen. Bo Watson, R-Hixson, who is chairman of the Senate Government Operations Committee.
The chairman is pushing legislation to end requirements that some regulatory appointments be made from lists submitted by the Tennessee Medical Association, Tennessee Chamber of Commerce & Industry and the Tennessee Municipal League, among others.
Three members of the state’s Air Pollution Control Board, for example, come from a list of nominees submitted by the Chamber.
Sen. Watson and Sen. Dewayne Bunch, R-Cleveland, argue that it’s wrong to allow special interests to control such appointments.
They have been changing the mandates for affected agencies coming up for renewal. Under the new language, the governor “may” instead of “shall” consider recommendations from specified groups. The House is balking.
Defenders of the current system contend removing such restrictions would allow governors to appoint whomever they wish, including campaign contributors and cronies.