Patrick McSweeney


 

Where's the Watchdog?

Republicans have failed to wield their budgetary powers to control the size of state government. It's time for the General Assembly to exercise more oversight. 


 

In 1970, I had the opportunity while serving as legal counsel to the Governor's Management Study to talk at length about government and politics with its consultant, Weldon Cooper. It was a tutorial that greatly affected my thinking about public affairs.

One of his insights was that accountability, effectiveness and efficiency in government can be achieved in a substantial way only through the budget process. Any other approach was nibbling at the edges.

The budget process is where program managers and sponsors must justify their spending requests and legislators evaluate alternatives, set spending priorities and identify waste.

Since Republicans gained control of the General Assembly, they have failed to use the budget/appropriation process to control the size, direction and performance of state government, a principal reason for this year's legislative debacle.

Making the budget process serve the interests of Virginia taxpayers as it should is not easy, but the alternative is excessive deference to the executive branch and to those special interests that have longstanding and deep involvement in particular state programs. Taxpayers deserve a watchdog to protect their interests.

Statements emanating from a retreat held by Republicans in the Virginia House of Delegates last month reminded me of Cooper's lesson. Despite all the talk about reforming state government and eliminating wasteful spending, there was no mention of strengthening the legislature's role in the budget process.

Some GOP delegates have lamented that they are severely limited in what they can do to make government more efficient because the executive branch is headed by a Democrat, Gov. Mark R. Warner. It may be worth the money for the Republican Party of Virginia to pay these legislators to travel to other states to see how legislators can actually assert themselves in the budget/appropriations process, regardless of who the governor is.

House Republicans could begin to play a larger role by insisting that Warner respond to the reasonable information requests made by the House of Delegates last March. Without this information, legislators can't responsibly appropriate state revenues.

The governor can't impose taxes or appropriate state funds. Only the General Assembly has the power to tax and appropriate. With that power comes a responsibility to assure that taxpayers' money is wisely spent.

The General Assembly has a larger role in program oversight than it has exercised for the past quarter century. If carrying out that responsibility requires more professional staff, legislators should authorize those positions. If it means compelling information from a non-cooperative executive branch, legislators must act. If it means extra time on committee work, particularly in the House Appropriations Committee, then time must be found.

The General Assembly should avoid the kind of lapses that led to the breakdown in corporate governance in many companies here and abroad. Boards of directors of these private companies too often failed to take their audit and oversight responsibilities seriously and deferred excessively to corporate officers.

Just as the remedy for those corporate breakdowns inevitably produced a more adversarial relationship between independent directors and corporate officers, the General Assembly must do more than meekly request cooperation from the governor. It must insist that he provide in a timely way and in the format it chooses the information it needs to evaluate programs, monitor spending and set future appropriations.

Our constitutional scheme doesn't function well unless the legislature serves as a check on the executive. It's time to begin.


-- July 26, 2004

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Contact Information

 

McSweeney & Crump

11 South Twelfth Street
Richmond, VA 23219
(804) 783-6802

pmcsweeney@

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