Rhode Island Governor Power Grab: Groups Cry Foul Over Raimondo’s Extending Emergency Pandemic Powers "Indefinitely"

"Three open-government groups are calling on legislative leaders to rein in what they say is Gov. Gina Raimondo’s attempt to extend her emergency decision-making powers “indefinitely” during the coronavirus pandemic — and beyond what state law allows.

The executive directors of Common Cause Rhode Island, the American Civil Liberties of Rhode Island and the president of the League of Women Voters Rhode Island expressed their concerns in a letter sent Thursday to the leaders of the House and Senate.

The groups say Raimondo signed an executive order last week extending her executive emergency powers — decision-making without the normal opportunity for public input — beyond the time limit state law allows.

Her order “significantly erodes transparency and accountability in executive agencies,” the groups said.

The state’s Administrative Procedures Act (APA) allows executive agencies to adopt emergency regulations for up to 120 days, with the ability to extend them for an additional 60 days.

But Raimondo’s executive order last week suspends that limitation and allows for emergency rules “indefinitely,” the groups say, as long as those rules are related to the coronavirus pandemic.

Writing to House Speaker Nicholas Mattiello and Senate President Dominick Ruggerio, the groups said,

“By suspending the APA provision that already sets out the circumstances under which ‘emergency’ rules can be adopted, Governor Raimondo has essentially used a legislative grant of emergency power to seize even more executive emergency power. Doing so offends separation of powers principles and sidesteps the transparency that was deliberately built into the Administrative Procedures Act. ”

The APA ensures “that agencies are not using unbridled and unchecked discretion to effectuate public policy.”

The groups urged the legislative leaders to overturn Raimondo’s executive order when the General Assembly meets again."

https://www.providencejournal.com/news/20200909/groups-cry-foul-over-raimondorsquos-extending-emergency-pandemic-powers?fbclid=IwAR1LLy1fUKBQczXjC6o1kGDC6496bxqzA53wN2DWiI5xJZCdn0UhPooky4c