The AG, the State School Board, and Me (and my 103 colleagues)

We had a good conversation in the Education Committee regarding the relationship of the State Office of Education and the Attorney General. The State Office did not send a representative. An editorial and some bloggers are encouraging the Legislature to butt out. Sorry. Can’t do that. The relationship is a function of statute. If considerable dispute exists regarding that relationship, it is the Legislature that should resolve the issue.

And this matter does present a very significant issue on a going-forward basis. Legal decisions can cost the State millions of dollars and, more importantly, can impact the citizens of the State. (For example, the bad legal advice of an in-house lawyer at the Auditor’s office played a significant role in costing the State $50,000,000 in a dispute over the status of the Workers Compensation Fund; in response to that, the relationship of in-house agency counsel and the Attorney General’s office was clarified -- or so we thought -- by statute). It is an important matter (as I believe most State School Board members would agree) for agencies to clearly know from which source they should receive legal counsel and the effect that legal counsel has on them.

Of course, we are in a highly charged political atmosphere (on vouchers) that bleeds over into this issue. But, it seems naïve (or partisan) to argue that controversy should preclude consideration of process issues. Process issues arise in choppy waters. They almost always will be brought to light by some controversy that strains at the margins of Constitutional or statutory authorities. In calm seas, we simply sail along.

I suggested to the committee that it do nothing until we get past the November voucher vote. Right now, each side believes the other is acting purely for political reasons, leveraging everything for political advantage. We have a short window until that hot-button issue is resolved. Then, I assume the involved parties can resolve the relationship issue just like we do the many other issues we routinely address.