Our View

Our View

Independent agencies are independent for a reason

For 72 years the Arkansas Game and Fish, an independent state agency that controls, manages, restores, conserves and regulates the wildlife resources, has been operating under the rules of Amendment 35 of the Arkansas Constitution.

That amendment grants the agency and its commission “exclusive power and authority” to promulgate rules and regulations needed to protect and conserve the wildlife resources of the state.

Everything has been working fine for decades and there seems to be a harmonious relationship between the agency, the governor and lawmakers.

That is until Senate President Pro Tempore Jonathan Dismange, R-Searcy, convinced voters, many of whom were uninformed, to pass Amendment 92 to the Arkansas Constitution in 2014 that allows him and other politicians to require approval of all state agency rules.

While Dismange sponsored Amendment 92 for the sole purpose of more oversight control of state agencies, he seems to have forgotten the fact that this amendment doesn’t necessarily encompass constitutionally independent agencies such as the Game and Fish Commission.

This power grab and control maneuver on the part of Dismange, as well as other controlling Republicans in Little Rock, is no different that what they did by snatching complete control of the state’s Arkansas Scholarship Lottery a couple of years ago and placing under the direction of the state Department of Finance and Administration. The lottery was originally approved by voters to be controlled by an independent commission with it’s members appointed by the governor.

The Game and Fish Commission doesn’t have to report to the governor, although he does appoint members of the commission as vacancies are created.

So then, it now seems that there are a group of power controlling politicians, serving on the Arkansas Legislative Council’s Executive Sub-committee, that wants a new requirement that the state Game and Fish Commission seek the council’s review and approval of any and all proposed commission rules.

This is nothing more that another power grab on the part of these politicians who simply can’t stand having an independent state agency not having to answer to them.

Rightly so, game and fish commission officials have declined to file their proposed rules with this bunch of control addicts, saying they see this rule as nothing more than an infringement on the commission’s independence as granted under Amendment 35.

To cushion some of the criticism coming from those who oppose this power grab, council co-chairman, Rep. David Branscum, R-Marshall, said that most legislators really don’t want to oversee the Game and Fish Commission rules. All they simply want is a friendly opportunity for them to discuss any of the game and fish commission’s proposes rules before they go into effect. That is pure and simple political malarkey and just how naive does Branscum or even Dismange actually believe we are?

Game and Fish General Council James Goodhart made it vividly clear to these power grabbing politicians the commission submits all of its final rules and regulations to the Bureau of Legislative Research and its proposed rules to the secretary of state.

Furthermore, he said, these proposals are put out in several places and anytime anyone, particularly these politicians, want to discuss them with the commission they are perfectly welcome to just like all citizens can do.

So then, what is the purpose of this attempt to force this independent agency to play by the new rules being set by these politicians other than to take control? Let’s face it, this is simply not about taking a look at what this agency is doing but rather an initial step to take control.