Representative Democratic Model- Selectable Offices Part Twenty-Four The Filling Of Vacancies For State Bureaucracy:

Representative Democratic Model-Selectable Offices

Part Twenty-Four

The Filling Of Vacancies For State Bureaucracy:

The Heads of Cabinet Department have to be nominated by the Governor and then confirmed by the majority of State Senators. If there is a vacancy, then the preceding practice applies when the next legislative session convenes. Until that time, the Assistant Cabinet Department Head, appointed earlier by the Cabinet Department Head, substitutes as the Cabinet Department Head.

In the next State Senate session, this Substitute Cabinet Department Head is prohibited from the nomination of Cabinet Department Head or from the selection of Acting Cabinet Department Head by the Governor. Due to the fact that the Substitute Cabinet Department Head was originally chosen solely by the vacated Cabinet Department Head, allowing this substitute bureaucrat to serve as the Cabinet Department Head or Acting Cabinet Department Head would demonstrate Imperial Democratic Mode.

If the term of the vacated Cabinet Department Head expires prior to the start of the next legislative session, an eligible individual other than the Substitute Cabinet Department Head is nominated by the Governor and is then confirmed by the State Senate to serve as Cabinet Department Head. If the term of the vacated Cabinet Department Head expires after the end of the next legislative session, an eligible individual other than the Substitute Cabinet Department Head is selected by the Governor to serve as Acting Cabinet Department Head till the end of that term.

For inferior offices, unilateral Gubernatorial appointment and dismissal authority (without the need for legislators' confirmation) of the heads of non-Cabinet departments and agencies is the most compliant to the Representative Democratic ideal. The same law that governs vacancies for Cabinet Department Heads has to apply to the vacancies for department heads of inferior offices with the exception of State Senate confirmation. For non-Cabinet departments and agencies, there is no need for any legislators' participation. The heads of all departments and agencies should have the authority to decide how all their staff and personnel will be chosen.

Cliff Notes Version: If there is a vacancy in the Heads Of State Cabinet Departments, the Assistant Cabinet Department Head becomes the Substitute Cabinet Department Head until the next legislative session convenes.

At that legislative session, if the vacated Cabinet Department Head's term has already expired, the Governor nominates and the State Senate confirms the next Cabinet Department head. If the vacated Cabinet Department Head's term has not expired, the Governor unilaterally selects the next Acting Cabinet Department Head to act as such until that term expires.

The Substitute Department Head is prohibited from being nominated as Cabinet Department Head or as being selected as Acting Cabinet Department Head because Democratic Imperialism must be banned.

For inferior offices (non-Cabinet Departments), only the Governor is needed to appoint and dismiss the heads of these departments. The same law(s) that governs vacancies for Cabinet Department Heads has to apply to the vacancies for department heads of inferior offices except the involvement of State Senate confirmation. The heads of these state departments and agencies should have the authority to decide how all its staff will be hired and fired.