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06/11/2024 08:51 PM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?SPick=20230&chamber=S&cosponId=42704
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Senate of Pennsylvania
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: May 15, 2024 02:08 PM
From: Senator Cris Dush
To: All Senate members
Subject: Providing guidance for acting secretaries
 
                In the near future, I plan to introduce legislation that will provide guidance on deputies acting as heads of departments or “acting secretaries”.

                This legislation will be a companion piece to a bill that will be introduced by Representative Owlett.

                Whenever there is a vacancy at the head of a department, Pennsylvania law provides for the Governor to designate in writing a deputy that” shall exercise the powers and perform the duties of the head of the department until the vacancy is filled.” This provision contained in the administrative code was meant to serve as a temporary solution while a nominee for secretary awaits confirmation from the Senate, as required by our State’s constitution.

                In practice, this “acting secretary” is substantially the same thing as an actual secretary, except for the constitutionally required Senate confirmation. In recent years, “acting secretaries” have run departments for extended periods of time, undermining the intent and purpose of the Article IV, Section 8 of our State’s constitution.

                This bill will expand upon the section in the administrative code that allows for “acting secretaries” by limiting the maximum period they may serve to 90 days, giving them the title of “Deputy – Head of Department”, ensuring that an individual may only serve as a deputy head of department once per governor, limiting their salary and benefits to be no higher than their peers, preventing them from receiving a raise for acting as deputy head, and requiring them to appear during legislative appropriations committees hearings.

Please join me in sponsoring this important legislation to provide guidance on acting secretaries.