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Atlanta Mainstream goes deeper into news covered by the mainstream media -- posting documents to show the story behind the story.
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Baker: PSC's vote for new chairman broke Georgia law June 8 -- Attorney General
Thurbert Baker ruled today that Georgia's utility-regulating agency acted illegally last month when it chose a new chairman. Baker ruled that state law establishing the process for choosing a chairman is constitutional and the commission did not have the authority to rule otherwise. The PSC now must decide whether to abide by the opinion or proceed with seating Stan Wise as chairman for the two-year term. State law specifies that the chairman will serve a one-year term and uses a rotation system to determine which member is next in line for the post. A three-member majority elected Wise May 5 after deciding the law was unconstitutional. Member Doug Everett, who is stepping down as chairman effective July 1, said he believed the Georgia Constitution gives the PSC the power to decide how to choose a chairman. Commissioner Chuck Eaton, one of two PSC members who voted against the decision, asked the attorney general's office for the legal opinion on the law. "I appreciate the Attorney General taking the time to answer
all of my questions in his opinion," Eaton said today. "Answering my request point-by-point speaks to the confidence he has in the law
being constitutional. Eaton has said he worries the PSC's actions could face a court challenge next January, when the PSC would normally choose a new chairman. Anyone on the losing side of a PSC order could take the utility-regulating agency to court, alleging the chairman who signed the order was not selected properly, he said. PSC member seeks opinion on legality of chairmanship
Georgia law says PSC chairmen serve for one-year terms, but the PSC voted 3-2 Tuesday to name Stan Wise as new chair for two years. Another member -- Doug Everett, who is stepping down as chairman July 1 -- said he believed the one-year restriction is unconstitutional. Commissioner Chuck Eaton (left), who voted against the decision, wrote Baker this morning to ask for clarity. Eaton said he did not believe the PSC followed proper channels in getting a legal opinion on the law. "I don't think it's under our authority to declare a law unconstitutional," he said. Eaton, elected in 2006, said he worries the PSC's actions could face a court challenge next January, when the PSC would normally choose a new chairman. Anyone on the losing side of a PSC order could take the utility-regulating agency to court, alleging the chairman who signed the order was not selected properly, he said. Eaton asked the commission yesterday to delay the vote until Baker's office could be consulted. The vote proceeded anyway, with Wise referring to Baker as "just an attorney." PSC picks new chairman for 2-year term, but was it legal?
State law specifies that the PSC chairman serves a one-year term, using a rotation system based on seniority. But the commission voted 3-2 Tuesday to name Wise as chairman for the next two years, beginning July 1. Chuck Eaton, who voted with member Bobby Baker against the two-year term, said he will ask Attorney General Thurbert Baker on Wednesday to weigh in on the legality of the decision. Eaton asked the commission, without success, to delay the vote until Baker's office could be consulted. Wise was appointed on a motion by current Chairman Doug Everett (right), who said he believed the Georgia Constitution allows the commission to do so. In a prepared statement, Everett cited a constitutional provision that "A chairman shall be selected by the members of the commission from its membership." Everett argued that any law restricting the commission's choice of a chairman would be unconstitutional. PSC may try again for new process to pick chairman May 5 --The Georgia Public Service Commission, which could not get legislative approval this year for a new method of selecting its chairman, may try to do it another way today. Doug Everett, who took over Jan. 1 as chairman of the utility-regulating agency, sent this note out Monday: I
plan to resign my Chairmanship effective July 1, 2009. The next
Commissioner in line to be Chairman is Commissioner McDonald, but since he has not been in office but for six (6) months (beginning July 1, 2009) he cannot be elected chairman since he must be a Commissioner for at least a year that would make Commissioner Wise the
next Commissioner in line to be Chairman. Pursuant to the Georgia Constitution, Article IV, Section 1, Paragraph 1(a), which provides: “A Chairman shall be selected by the members of the commission from its membership,” I hereby MOVE that Commissioner Wise be elected Chairman of the Commission commencing July 1, 2009 and continuing for 2 years from that date. I further move that Commissioner McDonald be elected Vice-Chairman commencing July 1, 2009 and continuing for 2 years from that date.
This has caught the attention of some PSC watchers, who believe it would set up McDonald to be named chairman in 2011. They also question whether this process would violate state law, which says the PSC will rotate the chairman's job every year, based on a seniority system. The Legislature considered a bill this year to allow the PSC to choose its own chairman, regardless of seniority, and make it a three-year position. It failed. The bill was widely known as the "Bubba bill," because of the perception that the PSC wanted to name Lauren "Bubba" McDonald Jr. as its next chairman. Everett said he planned to place his motion on the agenda for today's administrative session of the PSC, which begins at 10 a.m. The online version of the agenda does not include the matter at this moment (8 a.m.) Stay tuned.
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Atlanta sits on $4 million in user refunds Ethics agency drops Lisa Borders lobbying case Bolton took comp time for movie, Tupac food drive DeKalb may owe Bolton thousands Report: DK chief hid luxury cars DK chief's 56 unapproved comp days ATL schools to renegotiate BeltLine deal Fired DeKalb chief scored perfect eval Regents' Vigil -- $76 million in sales to Georgia New jobs would cost Georgians $265K apiece BeltLine bill would avoid new vote MARTA OK'd gave 10-40% raises to 114 |
UPDATE (May 6) -- A
Georgia Public Service Commission member asked Attorney General Thurbert Baker today whether the commission's vote for a two-year term for its new chairman was legal.
UPDATE -- The Georgia Public Service Commission chose Stan Wise as its new chairman for a two-year term Tuesday, but one member wants a second opinion.