Conservation commissioners confirmed despite concerns

JEFFERSON CITY, Mo. (AP) -- The Senate confirmed Gov. Matt Blunt's latest appointees to the state Conservation Commission late Wednesday night, though a lawmaker expressed concern about the legality of one of those appointments.

The Senate's stamp of approval for Becky Plattner and Don Johnson clears the way for them to serve six-year terms on the commission that regulates hunting and fishing and oversees the Missouri Department of Conservation.

But at least one senator questioned the legality of Plattner's appointment -- not because of her qualifications, but because of the timing of her appointment.

The Missouri Constitution says that if a governor fails to fill a vacancy on the Conservation Commission within 30 days, the commission's remaining members shall pick someone to fill the unexpired term.

Commissioner Stephen Bradford's term expired June 30, and Blunt appointed Plattner as his successor 38 days later.

The governor's office and Conservation Department both maintain the appointment is legal, insisting the constitutional time limit applies only when a commissioner leaves office early. In this case, Bradford continued serving -- even after his term expired -- until Plattner replaced him.

But Blunt's position is contrary to the interpretation taken by then-Gov. John Ashcroft, also a Republican, when a similar circumstance arose 16 years ago.

When Commissioner John Powell's term expired June 30, 1991, Ashcroft waited until 30 days had passed and then sent the Conservation Commission a letter asking it to make the appointment while citing the constitutional provision. The remaining conservation commissioners then voted on that appointment.

On Wednesday, Sen. Chuck Graham, D-Columbia, raised concerns about Plattner's appointment both before the Senate Gubernatorial Appointments Committee and the full Senate.

"It may not sound like a big deal, but we've really got to start paying attention to the constitution," Graham said.

Senate President Pro Tem Michael Gibbons, R-Kirkwood, who is an attorney, said he did not believe Plattner's appointment ran afoul of the constitution. Gibbons said his reasoning was based on the fact that Bradford continued serving after his term expired, and thus a vacancy never occurred.

Although Graham insisted the appointment violated the constitution, he did not seek to have Plattner's confirmation considered separately from a list of dozens of other appointees, nor did he vote against the slate of appointees.

Asked why he voted for Plattner's appointment despite his concerns, Graham said: "Sometimes we get tired of feeling like Don Quixote down here caring about the constitution."