The Power To Terminate Includes The Power To Evaluate, Ctd.Posted: December 18, 2013
The Attorney General has issued a written opinion that the Governmental Accountability Commission or “GAC” has the legal authority to evaluate the job performance of the Executive Administrator of the Office of Governmental Accountability (“OGA”), the consolidated agency that serves as the umbrella organization for the state’s “watchdog” agencies, i.e., the Freedom of Information Commission, Office of State Ethics and the State Elections Enforcement Commission.
I wrote about this issue in November 2012, when a controversy arose over the authority of the GAC to evaluate then-Executive Administrator David Guay, who denied that the GAC had such authority. The legislation creating the OGA expressly gave the GAC the power to terminate the Executive Administrator, but it was silent on whether the GAC could evaluate his performance. I argued that the power to terminate necessarily included the power to evaluate. I’m glad the Attorney General concurs!