Out of the 25 line-item vetoes Gov. Mark Gordon issued on the budget bill sent to him by the Wyoming Legislature, lawmakers in the House and Senate voted to reverse four of them.
In a letter explaining his veto reasoning, Gordon wrote that his line-item vetoes were needed to protect the constitutional balance of powers.
Those line-item vetoes pertained to executive branch agencies, a position within the state Charter School Authorizing Board and salary increases for executive and judicial branch positions.
The Legislature opposed Gordon’s veto of language allowing the legislative branch to determine how many executive branch employees can be added to its agencies and offices.
In his veto, Gordon pointed to the separation of powers between branches.
“This section breaches the separation of powers outlined in Article 2, Section 1 of the Wyoming Constitution,” wrote Gordon. “The legislature holds the power of the purse, however, the executive branch has the authority to determine the number of employees and manage those employees as deemed necessary by the executive branch to execute the statutorily required programs and purposes established by the legislature.”
But chief appropriator Rep. John Bear (R-Gillette) told the House on March 6 that the language was a policy issue, and that the number of employees in the executive branch has been determined by the Legislature since 1971.
“This is a significant policy and a legal question as to whether the Legislature does or does not have the ability to specify and limit the number of full-time employees,” said Bear. “So I would ask for your aye vote.”
The House then voted to concur with the Senate in overriding that veto.
Both chambers also concurred on a veto override that will preserve language reclassifying the pay for the executive director of the Charter School Authorizing Board once the current director steps down or the role becomes vacant.
Gordon’s rationale for the veto of that language again referenced the separation of powers.
“The stricken language leaves the position, classification, and compensation in the hands of the Wyoming Charter School Authorizing Board preserving the Board's independence,” he wrote. “The executive director is accountable to the Board and it should have the responsibility and authority to determine these matters for this position.”
But that reasoning was rejected by both the House and Senate.
Gordon also vetoed language limiting the funds the governor can use to provide salary increases to employees outside of legislative authorization.
“The governor has vetoed this provision multiple times, and when in-session, the Legislature has overridden that veto,” Bear said. “This language has been in the last seven budgets. The governor has vetoed it six times, and this body has overridden it five of those six times.”
The House and Senate subsequently rejected that veto. In a related move, both chambers also voted to override a veto of language limiting salary increases for employees in the executive and judicial branches.
However, both chambers of the Legislature failed to muster the two thirds majority needed to override vetoes pertaining to the University of Wyoming (UW).
One such line-item veto strikes language that could’ve removed $10 million of UW’s $40 million block grant if the state’s lone four-year public university didn’t find $5 million in efficiencies in the next year. That gubernatorial veto will stand.
The Legislature has until March 11 to reverse any more of Gordon’s vetoes.
At the end of the House’s March 6 meeting, shortly before the House went into recess, House Speaker Rep. Chip Neiman (R-Hulett) reminded lower chamber lawmakers that they would need to return to the Capitol building on Wednesday to override more vetoes.
Neiman said he’d heard some representatives say they might not return on Wednesday because they would not be voting in favor of any more veto overrides.
Neiman read from a House rule that allows for members not in attendance to be taken into custody by the sergeant at arms pending a successful vote on a motion to do so.
“I read that to you, ladies and gentleman, because I don't want there to be anybody with hard feelings if we can't all get enough here … two thirds, to do business,” said Neiman.
This reporting was made possible by a grant from the Corporation for Public Broadcasting, supporting state government coverage in the state. Wyoming Public Media and Jackson Hole Community Radio are partnering to cover state issues both on air and online.
