State Elections Enforcement Commission Emphasizes Independence in Opposing Legislation to Require Annual Performance Plans

The State Elections Enforcement Commission (SEEC) is “strongly opposing” legislation being considered by the legislature’s Government Oversight Committee, which would require annual state agency performance plans, beginning next year. The statement of purpose for the proposal states: “to require executive branch state agencies to develop and implement annual performance plans.”

In testimony submitted for Monday’s public hearing on the proposal, Senate Bill 425, SEEC Executive Director and General Counsel Ryan M. Burns reminded members of the legislature’s Government Oversight Committee that SEEC “is an independent watchdog agency charged with ensuring the integrity of Connecticut’s election system.”

 “Unlike most state agencies, SEEC is not overseen by a gubernatorial appointee.  Instead, the Commission consists of five commissioners appointed for fixed terms.  The Governor appoints only one commissioner; the remaining four are appointed by the minority leaders of the House and Senate, the Speaker of the House, and the President Pro Tempore of the Senate.  This carefully constructed structure protects the Commission’s sensitive work from improper political influence.”

He pointed out that the proposed legislation, as drafted, would “compromise that independence,” adding that “applying this proposal to independent watchdog agencies would erode the separation from political influence that is central to our work.”

The proposal calls for the Office of Policy and Management to “institute regular performance evaluations of state agencies concerning their progress toward attaining the goals outlined in their performance plans and such evaluations shall occur not less than every two years.”

“The bill would require SEEC to submit an agency performance plan to the Office of Policy and Management (OPM) and subject the Commission to regular performance evaluations by OPM,” Burns explained.  “Those evaluations would assess SEEC’s progress toward goals set forth in an OPM-approved plan.  Subjecting an independent watchdog agency to assessments by an executive-branch agency led by a political appointee would fundamentally undermine the independence necessary to carry out our mission.”

Burns also explained that “OPM’s role in SEEC’s budget process is intentionally limited.  Under General Statutes § 9-7c, the Governor must transmit SEEC’s budget proposal to the legislature without revision—an important structural protection that ensures budget independence.”  He reiterated that “the General Assembly has long recognized the need to insulate watchdog agencies from executive branch influence.”

The testimony submitted to the committee concludes with this:  “SEEC’s opposition to this bill is grounded solely in the need to preserve the agency’s independence—an independence that is essential to fulfilling its mission without improper political influence.”