DAV

Thursday, May 26, 2011

AB 96: Facts and Falsehoods

 

With a bill to restructure the appointment of the WDVA Secretary’s appointment process currently in the legislative process, there have been as many falsehoods flying around as there have been facts.

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The Wisconsin Board of Veterans Affairs has been appointing the WDVA Secretary “since WWII” – FALSE

The Board of Veterans Affairs has been appointing the WDVA Secretary only since 1977, when 1977 Senate Bill 63 was signed into law by then Governor Patrick Lucey, a Democrat – TRUE

The stated purpose for the creation of the current system of the Secretary being appointed by the Board and serving at its pleasure was to “remove politics” from the agency – FALSE

The bipartisan 1977 legislation to authorize the Board of Veterans Affairs to appoint the Secretary, who would serve at the pleasure of the Board, was seen at the time as a move to make the WDVA Secretary subject to the Governor’s control.  The Board at the time of enactment of the 1977 legislation was entirely controlled by the Governor at the time, who almost immediately after the bill’s enactment sought to replace the WDVA Secretary appointed by a Governor and confirmed by the Senate 15 years earlier – TRUE

A major component of the 1977 legislation creating the current system of a Board appointed WDVA Secretary was to eliminate “indefinite” Secretary appointments – TRUE

The 1977 legislation putting the WDVA Secretary’s appointment under the Board of Veterans Affairs was seen at the time by the WDVA Secretary and the veterans community as a “power grab” by then Governor Lucey, a Democrat – TRUE

Amendments to the current bill, AB 96, were “obscure” or were included at a veterans committee meeting without minority party Democrats present or invited – FALSE

Only one amendment to AB 96 has been made, Assembly Substitute Amendment 1, and it was made in open session of the full committee of the Assembly Committee on Veterans and Military Affairs with all members present and voting – TRUE

Several Assembly Democrats voted for the Petersen Substitute to AB 96 before they voted against it – TRUE

Amendments to the current bill, AB 96, were made “at the last minute” and on the Assembly Floor – FALSE

The sole amendment to AB 96, a substitute amendment, was made in committee prior to coming to the Assembly floor -- TRUE

None of the Veterans groups except the American Legion took a poll of their organizations elected leaders before taking positions on AB 96 – FALSE

The American Legion worked directly with Rep. Kevin Petersen to help draft much of AB 96 – TRUE

AB 96 will reduce Board members’ terms to 3 years – FALSE

AB 96 will reduce Board members’ terms to 4 years – TRUE

AB 96 will end current Board members’ tenures on the Board – FALSE

AB 96 retains current Board members and specifically allows for them to complete their full, current 6-year terms – TRUE

There is no cost associated with AB 96 – FALSE

WDVA estimates the additional cost of adding two Board members, the geographic dispersion of the Board by Congressional district and therefore travel, and the frequency of new Board member orientations to cost an additional $13,000 per year, which WDVA says may be able to be absorbed by the agency – TRUE

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Finally, to debunk the biggest myth of all?

Veterans groups fought “for” the ability of the Board of Veterans Affairs to appoint the WDVA Secretary, and AB 96 is giving up something veterans fought “for” in the past – FALSE

In actuality, in 1977 veterans groups and CVSOs fought tooth and nail, side by side “against” the legislation directing the Board of Veterans Affairs to appoint the WDVA Secretary, who would serve at the Board’s pleasure.  Instead, they preferred the system current at the time whereby the Governor appointed the Secretary with Senate confirmation for an “indefinite” period.  This indefinite period was interpreted by many at the time as a “lifetime” appointment.   – TRUE

The WDVA Secretary at the time of the 1977 legislation fought hard against the appointment of the WDVA Secretary by the Board, preferring instead for the appointment to continue to be by the Governor with Senate confirmation for an “indefinite” appointment – TRUE

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And finally, a personal observation – the current Doyle-appointed Board members did not act without the tacit approval of Governor Doyle.  While I was at WDVA and after, they met on many occasions with the Governor and/or the Governor’s staff.  WDVA’s leadership was rarely if ever directly informed of these meetings or what they were about. 

This adds to my personal argument, based on my years of inside experience, that the Governor does indeed control WDVA when he or she controls the WDVA Board (but just doesn’t look like it).  And, that argument is an echo of the arguments made publicly in 1977 at the time of the enactment of the legislation creating the current system, somewhat ironically, to provide greater accountability than the previous “indefinite” appointment of the WDVA Secretary. 

--Anthony Hardie

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