Governor liaisons bill passes on 3rd day

Senators rankled, say Hutchinson communication lacking

Senate President Pro Tempore Jimmy Hickey is shown Wednesday, Jan. 27, 2021 at the state Capitol in Little Rock.
Senate President Pro Tempore Jimmy Hickey is shown Wednesday, Jan. 27, 2021 at the state Capitol in Little Rock.

With one dissenting vote, the Arkansas Senate on Wednesday approved a $226,250 appropriation for Gov. Asa Hutchinson's legislative liaisons Wednesday, after the measure failed to clear the chamber on Monday and Tuesday.

The Senate also approved an appropriation of $5.9 million for personal services and operating expenses for the Republican governor's office in the fiscal year starting July 1.

Then Sen. Trent Garner, R-El Dorado -- who was behind the bill's passage problems -- served notice that he was considering asking the Senate to reconsider its votes on the two bills during the next three legislative days.

But the Senate voted 26-6 to suspend the rule that allowed Garner to hold up transmittal of the bills to the House, and to authorize the transmittal of the bills to the House for further action. Twenty-four votes are required to suspend the rules in the 35-member Senate.

[RELATED: See complete Democrat-Gazette coverage of the Arkansas Legislature at arkansasonline.com/legislature]

Afterward, Hutchinson said in a written statement, "I am pleased that the Senate passed the executive branch appropriation bill.

"I spoke with Sen. [Jimmy] Hickey today, and I appreciate his leadership in having this routine budget bill passed," the governor said, referring to the Senate president pro tempore.

Hickey, a Republican from Texarkana, said the governor's office contacted senators to clear the way for the Senate to approve the two appropriations Wednesday.

Sen. Jonathan Dismang, R-Searcy, said he understands that some senators were frustrated over communications with the governor's office.

"I hope that gets reconciled, but it was time to move forward with the appropriations," said Dismang, who is a co-chairman of the Joint Budget Committee.

On Monday and Tuesday, Garner had urged senators to hold on to Senate Bill 133 -- the appropriation for the governor's legislative liaisons -- until he said the governor's office improved its communications with lawmakers.

The bill fell short of the 27 votes required for approval on Monday and Tuesday. Hutchinson on Tuesday night defended his staff's efforts to communicate with lawmakers on a wide range of matters.

On Wednesday, the Senate voted 34-1 for SB133. Sen. Dan Sullivan, R-Jonesboro, dissented.

The Senate also voted 34-0 to approve Senate Bill 96, which is the $5.9 million appropriation for personal services and operating expenses in the governor's office. Sen. Alan Clark, R-Lonsdale, didn't vote on the bill. SB96 also authorizes up to 60 employees in the governor's office and a $500,000 emergency appropriation.

SB133 would authorize the governor to employ one lead legislative liaison, who would be entitled to per diem amounts of up to $250 for each day that the General Assembly is in regular session, and up to nine more legislative liaisons, who would be entitled to per diem amounts of up to $200 a day. These liaisons "shall serve without pay," under the bill.

Hutchinson's office spent $43,500 of the $309,679 appropriation for legislative liaisons for the 2015 regular session; $111,800 of the $226,250 appropriation for the 2017 regular session; and $50,350 of the $226,250 appropriation for the 2019 regular session, said Scott Hardin, a spokesman for the state Department of Finance and Administration.

Garner, who is an outspoken critic of Hutchinson, warned senators, "I can't go into details today, but I anticipate that there will be some vital information by tomorrow about one of the top officials, whose pay [is] all beneath this particular appropriation."

Afterward, he said he was referring to "nothing illegal, but things that would have negative political consequences." He declined to provide details.

Hutchinson said in a written statement, "this is the worst thing about politics when someone publicly attacks my staff by innuendo in order to cause dissension and to get a headline.

"It is disappointing. Sen. Garner has never raised any such 'vital information' to me, so I do not know what he is talking about," he said.

Sullivan told senators that the governor called a community leaders meeting in Jonesboro, and Sullivan wasn't invited as a state senator to the meeting. The governor's office informed him that his invitation to that meeting was under consideration. Sullivan later told the Arkansas Democrat-Gazette that he eventually was invited and did attend.

He said the governor's office invited three of four of the newly elected senators to the Governor's Mansion to discuss their constituents' needs, and he was the only new senator who was excluded. In the March primary election last year, Sullivan defeated then-Sen. John Cooper, R-Jonesboro, who was backed by the governor.

Sullivan said he's heard from other lawmakers, "let's get these [bills] passed and move on."

But he said, "Folks, I am not ready to move on until I see changed behavior.

"I expect the governor's office to come and talk as a representative to the newly elected senator from Senate District 21 that affects over 90,000 people," Sullivan said.

Afterward, Hutchinson said, "Sen. Sullivan was invited to the Jonesboro meeting, and he attended the meeting.

"Of course, I have many meetings with legislators, and he is not included in every one of them," the governor said in a written statement.

"As he acknowledged today, after my State of the State address [on Jan. 12] he requested a meeting, and we had a good discussion. My door is open to legislators," Hutchinson said.

Sullivan is one of 18 lawmakers named as plaintiffs in a lawsuit alleging that Hutchinson's response to the covid-19 pandemic exceeds his authority. Pulaski County Circuit Judge Wendell Griffen dismissed the lawsuit in October. The ruling has been appealed to the state Supreme Court.

Sen. Bill Sample, R-Hot Springs, said in an interview that he voted for SB133 on Wednesday, after voting against it Tuesday, because the governor's office had communicated with him.

"I actually talked to the governor inside the chamber yesterday and his staff," he said. "I had a bill that I had to talk to him with, so we communicated a little bit."

Earlier Wednesday, Sample said, "The problem was -- and believe me they started calling -- there was no communication between this body and the governor's office.

"It has been that way ever since he came in, and we have complained about it several times," Sample said, referring to Hutchinson.

"I have served under three governors, and I've never had this problem until this governor," he said. He has served in the Legislature under Govs. Mike Huckabee, Mike Beebe and Hutchinson. Huckabee and Hutchinson are Republicans; Beebe is a Democrat.

"And hopefully, it will get better," Sample said. "Maybe it has just been an oversight. Maybe it will get better. I hoping that it will. I always try to look for the best."

Sen. Ron Caldwell, R-Wynne, said Wednesday in an interview, "I know with Gov. Beebe, communication lines were a lot more relaxed, and you could get in and see Gov. Beebe without much effort.

"Maybe that is because Beebe was a legislator, and he had been there on the other end of the building and knew what it took to communicate and we are a three-branch government," he said. "I just think communication has not been as open as it could be and should be."

Hutchinson said he doesn't think his office has had a communication problem with lawmakers ever since he became governor in 2015.

"You can't be successful in passing legislation without open communication with the legislators," he said in a written statement. "In every session, we have been successful together in passing tax cuts; highway programs; teacher pay increases; transformation of government; computer science initiatives and many others. This success is the result of excellent communication and partnership."

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