Senate Secretary: Confirmation Hearings May Have to Wait for January

10/11/2007

by: Jeff Fecke
Minnesota Monitor


Lt. Governor and Transportation Commissioner Carol Molnau was not confirmed to her post by the Minnesota Senate last January, a fact that has fueled speculation that the embattled Republican may be voted down by the Minnesota Senate and removed from the commissioner's post in a special session. But while Molnau can be removed by the Senate voting against her, that may not be possible in a special session. At least, that's the opinion of Secretary of the Senate Patrick Flahaven.

"Unless the appointment was sent during a special session, I don't think it would be taken up at that time," said Flahaven in an interview with Minnesota Monitor. "Special sessions are really 'special' sessions. They're separate from the regular biennial session."

Flahaven noted that bills that are not acted on in the first year of a biennial session are still alive in the second year, but the bills are not a part of the special session. Likewise, bills from a special session die unless passed during the period.

While Flahaven did not think the Senate could act on appointments during a special session, he noted that it was entirely possible that they could act during the regular session, which resumes in January.

"The Senate has the power to confirm Governors' appointments, or to not confirm them," he said. Under Section 15.066 of the Minnesota Statutes, appointees "may commence to exercise the duties of the office upon the receipt of the letter of appointment [from the governor] by the president of the senate." Commissioners continue in the position until and unless the Senate takes action.

"They can begin to serve, and then they serve until the Senate would vote to not confirm them," says Flahaven, "in which case the office would automatically be vacated."

Such a move would not be unprecedented. During Pawlenty's first term, the Senate dismissed Cheri Pierson Yecke, then the commissioner of education, after she had served in the position for two years. And in 2000, the Senate voted against Gov. Jesse Ventura's appointment of Steve Minn to head the Departments of Commerce and Public Service.

Flahaven has served as Secretary of the Senate for over three decades. The position of secretary is not an elected one, nor is it partisan. The secretary serves as the Senate's chief parliamentarian, and also administers the internal operations of the Senate.