This is my big question, for which I have not found an answer:
Prop 208 exempts the State Department of Education, Department of Revenue, and the State Board of Education from Title 41, chapters 6 and 6.1 – WHY?
These chapters outline the appropriate process and expected behavior of government employees when evaluating grant applications, provides for adequate public notice, provides the process for appropriate procurement, and other processes designed to make sure the public is able to monitor government spending.
In addition, Chapter 6 provides for proper rule making with public input and consideration of a rule’s impact on small business. It provides for the proposed rule to be published so that the public has an opportunity to comment.
Chapter 6 also imposes specific requirements for rulemaking on the government such as providing a public report with rule analysis to include:
- The rule’s effectiveness in achieving its objectives
- Written criticisms of the rule received after the rule was adopted
- Authorization of the rule by existing statutes
- The estimated economic impact of the rule on small business
- The estimated economic impact of the rule on consumers
- Clarity and conciseness of the rule
- Statements submitted by other people regarding the impact of the rule on the State’s competitiveness compared to other states
- A determination that the probable beneficial outcome of the rule outweighs the costs
- A determination that the rule imposes the least burden and cost to people affected
- A determination that issuance of licensing or certification complies with 41-1037
These are just some of the exemptions allowed in Prop 208, which begs the question – Why?
Anytime government exempts themselves from accepted financial and administrative rules and laws, it is likely the public will never know all that goes on within that agency nor will the public ever truly control the money and power attached to the agency.
If power emanates from the people to the government, then it is crucial the public maintain control over money and policy. Exempting government from the responsibility to report back to the people is a recipe for abuse of power and money.
Just something to consider…