HD41 - The Secretarial System in Virginia State Government


Executive Summary:
Item 14.G. of the 1996 Appropriation Act directed JLARC to complete a follow-up review of its 1984 assessment of Virginia's secretarial system. The review was to focus on the structure and staffing of the current secretarial system, as well as the role of secretaries in internal agency management.

The secretarial system, which was created in 1972, has been largely successful in achieving its objective of enhancing the governor's ability to manage State government. The governors of Virginia reported being satisfied with the system and adamantly recommended its continuation. While some minor statutory modification may be desirable, the basic structure, staffing, and functions of the secretarial system should be preserved intact.

In terms of secretarial involvement in internal agency management, the Code of Virginia does require secretaries to "hold agency heads accountable for their administrative, fiscal, and program actions." Different secretaries have responded to this oversight responsibility in different ways and some have become overly involved in the internal operations of agencies. Recent restrictions on secretarial involvement in agency hiring practices have clarified that "gray area" and should result in greater compliance with statutory intent.

This follow-up review makes several specific recommendations which represent adjustments to a generally effective system:

• The governor's "cabinet" should be explicitly recognized in statute and its members made subject to General Assembly confirmation.

• Recent Appropriation Act language restricting secretarial involvement in agency hiring decisions should be added to the Code of Virginia.

• A statute which institutionalizes some components of gubernatorial transition planning should be adopted.