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05/07/2024 02:27 PM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20210&cosponId=34529
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Senate Co-Sponsorship Memoranda

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Senate of Pennsylvania
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: February 3, 2021 10:47 AM
From: Senator Kim L. Ward
To: All Senate members
Subject: Reforming the Use of Acting Secretaries
 
I am introducing legislation to eliminate the ability of a gubernatorial cabinet nominee to serve as an acting secretary while awaiting Senate confirmation.

The Administrative Code prohibits a cabinet nominee from serving in that position or receiving any compensation for it until they have received confirmation by the Senate. Current and previous administrations have skirted this issue by naming nominees “acting” while awaiting confirmation, and thereby enabling acting secretaries to make decisions impacting the citizens of the Commonwealth without transparency on their qualifications and priorities as the Senate confirmation process provides.

My legislation will stop the practice of naming cabinet nominees as acting secretaries and restore the honorable intent of our law by specifically prohibiting a cabinet nominee from serving in any capacity as a departmental head while awaiting Senate confirmation. As is provided for within current statute, the Governor can designate a deputy secretary to lead a department with limited powers, until the Senate confirms an individual as secretary.  The designee may not be the nominee named by the Governor and only serves temporarily while the nominee is awaiting confirmation.

I ask you to join me in co-sponsoring this reform measure. If you have any questions, please feel free to contact my legislative director, Geri Sarfert.