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Malloy's Executive Orders Irk Some Legislators

Legislators and "We the People of Connecticut" question validity of a pair of Executive Orders.

Cats aren’t the only things with nine lives.

Last session the General Assembly killed two bills, which would have allowed child- and personal-care workers to organize. Recently, Gov. Dannel P. Malloy resurrected them as Executive Orders 9 and 10 -- a move that some area lawmakers argue usurped legislative power.

Under Executive Order No. 9, certain family child care providers who receive subsidies through the state-run Care 4 Kids program may elect a "majority representative" to hold nonbinding discussions with the Department of Social Services regarding quality of care, pay and benefits.

Executive Order No. 10 created a seven-member Personal Care Attendant Quality Home Care Workforce Council, comprised of the three state officials and four governor appointees, to study training, retention and compensation for personal care attendants.

State Sen. Joe Markley, a Republican representing several towns in the 16th Senate District which includes Cheshire and Southington, slammed the move.

“I am outraged by the governor’s high-handed action. The legislature heard extensive testimony on this proposal, with strong opposition from both clients and caregivers,” Markley, a ranking member of the Human Services Committee, said in a written statement. “The heartfelt objections were enough to kill the bill, despite a Democratic majority generally sympathetic to the unions. Now–in an effort to placate the unions–Governor Malloy has taken it on himself to implement a policy the legislature wouldn’t pass. This is not government by the people through their elected representatives, but by one man who does not recognize the proper limits of executive power.” 

However, the orders only codify the principle that workers have the right to organize, Malloy said in a statement released with both Executive Orders.

"I have said repeatedly that I believe in the rights of workers to organize and collectively bargain, and personal care attendants and family child care providers are often-times the hardest-working, and lowest-paid workers in our job force," Malloy said.

That may be true, but it pushes the envelope, said state Rep. Kim Fawcett, a Democrat representing Fairfield and Westport in the 133rd House District.

“It’s a sort of balancing act,” Fawcett said. “We need to have a strong executive leader who is willing to take a position but at the same time if something was already controversial it was controversial for a reason. He needs to stop and look at it and be more thoughtful and respect the deliberate process of the legislature.”

Andrew McDonald, General Counsel to Malloy, said it’s incorrect to say the governor is overstepping.

“The EOs [Executive Orders] only address those aspects of the legislation, which pertain to executive branch functions. Those parts which would require legislative action were left out because the legislature did not adopt them,” McDonald said.

That position didn’t stop the Hartford-based grass-roots organization We the People of Connecticut from petitioning the General Assembly on Oct. 17 to hold an “official bipartisan inquiry into the unconstitutionality of Executive Orders #9 and #10, and to take whatever action is necessary to have the Orders amended to conform with the rule of law, or,
to be rescinded, effective immediately.”

2 + 2 =? EDUCATION COST SHARING 

The application for Race to the Top is signed, sealed and on its way. Now legislators are again turning their attention to other education issues facing the Nutmeg State, including Education Cost Sharing, or ECS.

In short, ECS is a formula that determines how money is divided by school district. It is supposed to provide equal educational opportunity by considering differences in student need and towns' ability to pay. According to Connecticut Voices for Children, “The ECS funding formula uses a measure of wealth that is distorted by outdated and misleading sources of data. It is partially based on a measure of town wealth that uses income data from Census 2000 (1999 income).”

PILOT PROGRAM FOR VETERANS

Two lawmakers want to launch a pilot program in Connecticut to hire veterans to perform residential energy efficiency work as part of airport noise mitigation efforts. 

There’s a 11.5 percent unemployment rate among veterans nationwide, according to Democrats state Rep. Timothy Larson, who represents East Hartford and South Windsor in the 11th House District and state Sen. Carlo Leone, who represents Darien and Stamford in the 27th Senate District

That’s more than two percent higher than the national unemployment rate. Of those, 20 percent of young veterans under age 25 are unemployed. The proposed Leone-Larson program hopes to find jobs for military veterans by adding energy efficiency work to sound abatement projects in neighborhoods near airports.

“The FAA has funding available for residential noise mitigation and there are a lot of similarities with energy efficiency work such as insulation and sealing air leaks that make it a natural fit,” said Larson, who is also executive director of New Haven’s Tweed Airport. “So, we’re saying why don’t we also add funding from existing energy efficiency programs and leverage the opportunity to create jobs for our deserving veterans?”

ted Aub October 24, 2011 at 10:03 AM
The pilot program for the Vets is a step in the right direction and Carlo Leone is an advocate for our Vets and serves on the Veterans Committee in Hartford as co-chair.
Michael Krauss October 24, 2011 at 12:13 PM
Governor Malloy is showing us the difference between a governor of inaction (his predecessor) and his government of ACTION!! A little leadership these days is a very good and reassuring thing!
RONALD M GOLDWYN October 24, 2011 at 12:23 PM
While we are speaking about Veterans, why is it that while every other state that had troops at the Valley Forge encampment, Connecticut is the ONLY state that does not have a memorial there to honor this state's FIRST veterans? If you are a VETERAN, it is about time you said that you Demand that our legislature rectify this oversight. I've been trying since Rowland was Governor,and again when owr own State Senator Slossberg was chair of the Veterans Affairs Committee. All I received was "Pass the Buck". NOW I'M ASKING ALL VETERANS AND THEIR ASSOCIATIONS TO BRING MY QUEST TO A SUCCESSFUL CONCLUSION. RON GOLDWYN the most experienced candidate for PZB. As Ben Blake now agrees with me, "Because experience DOES matter" I’d love your vote as a birthday present on Nov. 8 Reply
JimK October 24, 2011 at 12:46 PM
Malloy thinks he's above the law. Wonder where he gets THAT from? It's not like we have a President that issues executive orders in defiance of the equal branch of government actually charged with the creation of law...oh. Wait. Yes we do. Sorry. My bad.
Richard Poulton October 24, 2011 at 12:51 PM
As to E.O. #10, Sen. Markley and Rep. Fawcett hit the nail on the head. This liberal leader of the state is doing nothing more than pandering to certain unions that helped get him elected.
Thomas Alegi October 24, 2011 at 12:59 PM
Kings used proclamations to inform their subjects. Gov. Dannel P. Malloy uses Executive Orders to inform his subjects. Long live the King!
Loretta October 24, 2011 at 04:53 PM
The article regarding the Pilot Program for Veterans brought a thought to my mind. My husband served in the Air Force Security Service from August 15, 1955 to August 14, 1959. He served in Japan for 2.3 years. This period of time was referred to as the "Cold War" even though there was hostility between East and West Germany due to Russian occupation, and North and South Korea. It was not declared a war although all troops stood ready to go to battle. Because he served during this period of time he is not eligible for any North Branford or CT State tax benefits that we are aware of. I feel that all veterans should be eligible for benefits if they served their term and have been honorably discharged without exception. Loretta Cuozzo
RONALD M GOLDWYN October 24, 2011 at 05:14 PM
Loretta, I agree 100% with your thoughts. During those years I was in college and enlisted just after graduation. Give Greg Smith the current Chair of the Milford Board of Aldermen. He is a PCMDR of the VFW of Mfd and will be seeking the state presidency after January. He may be able to get the ball rolling. RON GOLDWYN the most experienced candidate for PZB. Ben Blake now agrees with me, "Because experience DOES matter" I’d love your vote as a birthday present on Nov. 8
BJ October 24, 2011 at 08:37 PM
Lordetta, I think the distinction is between being a veteran of a shooting war and just being a veteran of military service. My father (WWII), I (Viet Nam), and three of my four sons (Irag, Afghanistan) are veterans of shooting wars. My other son served during peacetime, but he spent his time, figuratively speaking, standing on the wall as we all did. To me, a veteran-- whether active duty, discharged, retired, or reserve-- is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America', for an amount up to and including his life. It's sad how many of those 'checks' get cashed.
RONALD M GOLDWYN October 24, 2011 at 09:06 PM
Bob, This not critical of anyone's statement but just to make some points public. Over the stage in the auditorium of the Nassau County Courthouse's central jury pool is a sign etched in stone. It reads "They also serve who sit and wait" It referenced the fact that those people who were waiting to be selected to serve on a jury were rendering a service also by just letting defendants know they were ready to render a service. I relate this story only to say that those who served in our armed forces in peacetime are also veterans just like those men who were aboard the USS Arizona on December 5, 1941. I too enlisted in June of 1961 which was a time when America was not at war anywhere on this earth. I flunked the medical exam and so I put myself on voluntary draft which moved me to the top of the list. The doctors accepted the decision of my first exam and was issued a 4F draft card. When I moved to Milford I donated my time taking blind vets to Protestant church services on Sunday mornings at the West Haven VA Hospital, even though I am of the Jewish faith. I believe this is a fine way we Americans can pay our debt we owe to these veterans. RON GOLDWYN the most experienced candidate for PZB. Ben Blake now agrees with me, "Because experience DOES matter" I’d love your vote as a birthday present on Nov. 8
Loretta October 24, 2011 at 09:32 PM
How sad that you separate those who volunteered to serve our country from those who died for our country. I don't think there should be this separation as in a monment's notice the tables can turn. I appreciate your family serving, I don't appreciate your making less the service of my husband and his fellow Air Force Unit. You don't know what he did during his term of service. You may never know as it was "top secret". What his unit did probably made the number that gave up their lives less. By the way, the name is LORETTA
Cathryn J. Prince October 25, 2011 at 12:19 AM
That's an interesting point Loretta and worth asking state lawmakers about for a future Capitol DisPatch. Thanks for the feedback!
Lori Fogler Nicholson December 13, 2011 at 12:58 PM
The CGA Labor Committee is well aware of the rights of citzens to organize not to mention the 153 Legislators and 32 Senators. I believe what Governor Malloy is doing is beyond the scope of the executive office and very worrisome. When one man decides to unsurp the power of the legislative body we are in trouble. I am opposed to this move and hope the legislative body will contest this action.
dave January 16, 2012 at 02:09 AM
he is progressive liberal, which means,by your astute comparison to obama, they dont care about the consitution or the law of the land. their aganda is most important to them. the deeper entrenched we become by their policies (big goverment, entitlements....) the harder it becomes to reve4rse them. staying in power and forcing their form of social and economic justice is what matters.
Michael Brown January 16, 2012 at 04:35 PM
Do you guys really believe what you are say or you just quoting from some Republican playbook.
BJ January 16, 2012 at 04:52 PM
Loretta (I aplogize for misspelling your name earlier), my post just above was inartfully worded because in fact I agree with you completely-- to me, your husband's service was no less honorable and no less risky. That was the point of my second paragraph-- your husband wrote the same blank check as so many others; fortunately, like most of us, his check wan't cashed, although it could have been. He had his time standing on the proverbial wall and so far as I'm concerned should be recognized for it. I do know the VA makes a distinction between peacetime and war time service, but I don't understand their rationale. That, to me, is a shame. However, there is a little ray of sunshine in that USAA finally opened its enrollment to ALL honorably discharged veterans. Although USAA is not a government organization, they're an insurance and financial copmany open only to vets, and their rates will astound you. Check them out at USAA.com. Again, your husband is surely one of the band of brothers.
dave January 17, 2012 at 12:39 AM
the republicans are the same, the democrats are running towards social democracy and the republicans are walking there. it must be nice to sit there and judge comments, instead of joining in and give your view on things, but i guess that reveals much about you!!

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