When last we left the U.S. Chemical Safety Board, President Obama had pushed out chairman Rafael Moure-Eraso, and some other board members were making a lot of noise about the need for more transparency at the agency.
Fast forward to more recent events, and here’s what Government Executive reports has happened:
The Chemical Safety Board, still struggling with vacancies as it seeks stability following the forced resignation of its chairman in March, divided sharply last Thursday over an unusual procedural move that empowered the interim chairman.
Board member Rick Engler, Government Executive has learned, on Friday sent the staff a note, saying the board had voted to designate him the “Board Member Delegated Interim Executive and Administrative Authority in accordance with CSB Board Order 003,” and that he looked forward to “working collegially with my fellow board members and staff.”
… But critics, some from labor unions, say Engler’s special board vote to make himself acting chairman violated transparency rules and accords him too much power at a time when all await Senate confirmation of President Obama’s nomination for permanent CSB chairwoman, Vanessa Sutherland. Board member Mark Griffon’s five-year term also expires June 24.
Only two board members participated in Thursday’s vote, and it came in spite of an attempt by board member Manny Ehrlich to postpone it. Ehrlich, whose back ailment prevented his presence at the vote for acting chairman, on June 8 had sent the CSB associate general counsel a proposal for an interim sharing of power between him and Engler, saying the situation was unprecedented.
Ehrlich’s proposal attempted to “calendar” the vote, or delay it for a future public meeting. But sources familiar with the proceedings, who spoke on condition of anonymity, said board members Engler and Griffon, lacking a three-person quorum, conducted an “urgent” vote by email, and, rather than waiting for the required five days, ran it only briefly by the general counsel’s office before announcing results to staff.
The vote also removed a 180-day expiration date that was part of Board Order 003, meaning Engler’s appointment as acting chair now goes “in perpetuity” if the two remaining board members deadlock on any vote.