OLYMPIA—State Rep. Mark Miloscia sent a letter today to Gov. Chris Gregoire criticizing her administration’s attempt to disregard a state law that requires all agencies, boards, and commissions to submit to independent assessments through the Washington State Quality Awards program.
“No one and no state agency is above the law,” Miloscia (D-Federal Way) said in his letter. “This improper directive exceeds the authority granted to the executive branch and governor in the Washington State Constitution and is contrary to both the spirit and the letter of RCW 43.17.390.”
In a May 21 memorandum, Marty Brown, Director of the state Office of Financial Management, told all agency directors and other state officials that “due to lack of available funds, state agencies are not required to perform an independent assessment of their quality management system during the 2011-13 biennium.”
According to Miloscia, the OFM memo directly contradicts a state law which declares that each “state agency shall, within available funds, develop and implement a quality management, accountability, and performance system to improve the public services it provides.”
The OFM memo also flagrantly violates the will of the Legislature as expressed on the last day of the 2012 session, Miloscia said.
In the final hours of the 2012 Legislative Session, the House and Senate voted overwhelmingly by bipartisan acclamation for a Miloscia budget amendment that deleted an attempt to suspend the audit requirement during this biennium. The governor’s office had pushed for the proposed audit suspension.
“Given that your administration recognized during the budget discussions that a change in the law was needed to suspend the audit requirements, what has changed since the supplemental budget was enacted that suddenly authorizes your staff to suspend the law now?” Miloscia asked in his letter to the governor.
Miloscia said the ethical and legal problems with the OFM directive are “as clear as the difference between the words ‘shall’ and ‘may’.
“The law declares that agencies shall apply for Washington State Quality Awards and do the independent assessments,” said Miloscia. “It’s that simple, and a memo can’t undo what the Legislature says agencies shall do.”
“What kind of example is set, ethically and legally, to the citizens of this state, if an agency director, a state legislator, or a governor, for that matter, can publicly disregard state law at his or her discretion?” asked Miloscia.
Miloscia said it is ironic that the administration is using funding concerns as a reason to suspend audits.
Miloscia and Senator Jim Kastama have submitted a request for an Attorney General Opinion (AGO) to determine if Brown’s memo contradicts the requirements in the performance audits statutes.
“The fact is that performance audits and quality management actually saves tax dollars and allows government to be run more efficiently,” said Miloscia. “To suspend these critical processes is counterproductive and a direct slap at taxpayers.”