Colorado governor’s appointees could have power go unchecked

DENVER — Of all the powers of Colorado’s governor, there is one that gets little attention.

The power to appoint people to boards and commissions.

Those people appointed by Democratic Gov. Jared Polis have the power to make significant policy decisions. Depending on when he makes the appointment, their power could go unchecked for months.

Take, for instance, the three appointees Polis made to the Colorado Parks and Wildlife (CPW) commission, with 11 voting members.

“We have the privilege of having three new commissioners this morning,” a CPW board member announced at the July 20 meeting. “Jess Beaulieu, Gary Skiba and Jack Murphy, welcome to our commission.”

“Welcome” might be a bit premature.

Beaulieu, Skiba and Murphy were all appointed to the CPW commission by Polis in July. They attended, and voted on issues, in four meetings since then. But they are positions that still need to be confirmed by the Colorado State Senate.

“It’s a challenging process that we have,” State Sen. Dylan Roberts, D-Eagle, said.

Roberts is the chair of the Senate committee that considered the appointments of Beaulieu, Skiba and Murphy on Feb. 29.

He was the swing vote that resulted in a 4-to-3 unfavorable recommendation to the full Senate for Beaulieu and Skiba, and a 4-to-3 favorable recommendation to the full Senate for Murphy.

Most of the decisions made by the CPW commission have been unanimous since the governor’s appointees joined, so their individual votes have caused any one issue to pass or fail.

“A lot of these vacancies come up when we’re not in session and these boards need to do important work and so we need people there,” Roberts said. “To some extent, we don’t want to have boards that don’t have anybody on them because terms have expired, and the legislature is not in session.”

Skiba has withdrawn his nomination, but Beaulieu could still be confirmed by the full Senate.

Polis appoints members to almost 300 boards and commissions. About 100 of those boards and commissions require state Senate confirmation. However, if those appointments happen when the legislature is out of session, they can serve until the Seante is back in session the next year.

“It certainly could maybe be improved to make sure that every appointment can’t make critical decisions without having their Senate confirmation,” Roberts said.

The state legislature meets from January to early May.

“It’s coming to mind right now, we could have a confirmation special session every year in October or something, or November, to clean up all the appointments that have come through since we got done in May,” Roberts said.

There are only two ways for the state legislature to be called back to work after early May. Either both the House and the Senate could call themselves back into session with two-thirds support in both chambers, or the governor could call a special session.

“I doubt he would call us back to confirm controversial appointments that he had made,” Roberts said.

“The Governor has an obligation to put a person in place prior to Senate confirmation as the legislature only operates for 120 days and the work of these boards and commissions is conducted year-round. The statute provides flexibility for the work of boards and commissions to continue should a vacancy occur outside of the legislative session,” said Polis spokesperson Eric Maruyama.

Roberts said that he hopes Polis will make another nomination for Skiba’s seat before the session ends in May.

“Absolutely. I mean, I think we’re here for 60 more days. It’s plenty of time to make an appointment and us to have a hearing,” Roberts said. “99% of the picks that happen over the summer or the fall aren’t controversial and end up getting confirmed unanimously.”

The following boards require governor appointees to be confirmed by the state Senate:

• Adams State University, Board of Trustees for
• Advisory Committee on Governmental Accounting
• Advisory Committee to the Property Tax Administrator
• Air Quality Control Commission
• Board of Commissioners of Veterans Community Living Centers
• Board of Governors of the Colorado State University System
• Board of Mortgage Loan Originators
• Board of Real Estate Appraisers
• Board of Trustees for Adams State University
• Board of Trustees for Colorado Mesa University
• Board of Trustees for Fort Lewis College
• Board of Trustees for Metropolitan State University of Denver
• Board of Trustees for the Colorado School for the Deaf and Blind
• Board of Trustees for the Colorado School of Mines
• Board of Trustees for the University of Northern Colorado
• Board of Trustees for Western Colorado University
• Brain Injury Trust Fund Board
• Charter School Institute Board
• Chief Medical Officer
• Clean Fleet Enterprise
• Coal Mine Board of Examiners
• CollegeInvest Board of Directors
• Colorado Aeronautical Board
• Colorado Agricultural Development Authority
• Colorado Banking Board
• Colorado Board of Veterans Affairs
• Colorado Brain Injury Trust Fund Board
• Colorado Child Abuse Prevention Trust Fund
• Colorado Civil Rights Commission
• Colorado Commission on Aging
• Colorado Commission on Higher Education
• Colorado Commission on Judicial Discipline
• Colorado Educational and Cultural Facilities Authority Board of Directors
• Colorado Energy Research Authority
• Colorado Healthcare Affordability and Sustainability Enterprise
• Colorado Healthcare Facilities Authority Board of Directors
• Colorado Housing and Finance Authority Board of Directors
• Colorado Limited Gaming Control Commission
• Colorado Lottery Commission
• Colorado Medical Services Board
• Colorado Prescription Drug Affordability Review Board
• Colorado Racing Commission
• Colorado Securities Board
• Colorado State Banking Board
• Colorado State Fair Authority Board of Commissioners
• Colorado Tourism Office Board of Directors
• Colorado Water Conservation Board
• Colorado Water Resources and Power Development Authority
• Colorado Wildlife Habitat Stamp Committee
• Community Access Enterprise Board
• Community Colleges and Occupational Education Board
• Denver Metropolitan Major League Stadium District Board of Directors
• Electric Transmission Authority
• Energy Impact Assistance Advisory Committee
• Energy Research Authority
• Financial Services Board
• Fire and Police Pension Association Board of Directors
• Front Range Passenger Rail District Board
• Ground Water Commission
• Health Insurance Affordability Enterprise Board
• Higher Education Competitive Research Authority
• Institute of Cannabis Research Governing Board
• Juvenile Parole Board
• Medical Services Board
• Middle Income Housing Authority
• Mined Land Reclamation Board
• Natural Medicine Advisory Board
• Nonattainment Area Air Pollution Mitigation Enterprise
• Oil and Gas Conservation Commission
• Orphaned Wells Mitigation Enterprise Board
• Parks and Wildlife Commission
• Parole Board
• Pinnacol Assurance Board of Directors
• Private Occupational School Board
• Public Employees’ Retirement Association Board
• Public Utilities Commission
• Real Estate Appraisers Board
• Rocky Mountain Low-Level Radioactive Waste Board
• Securities Board
• Solid and Hazardous Waste Commission
• State Agricultural Commission
• State Board of Assessment Appeals
• State Board of Equalization
• State Board of Health
• State Board of Human Services
• State Board of Land Commissioners
• State Board of Stock Inspection Commissioners
• State Board of the Great Outdoors Colorado Trust Fund
• State Electrical Board
• State Historical Society Board of Directors
• State Housing Board
• State Personnel Board
• State Plumbing Board
• Statewide Internet Portal Authority
• Transportation Commission
• Underground Damage Prevention Safety Commission
• Uninsured Employer Board
• Water Quality Control Commission
• Wildlife Habitat Stamp Committee
• Workers’ Compensation Cost Containment Board

The following boards do not require state Senate confirmation for governor appointees:

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