Senate denies water commissioner appointee because of Missouri law

JEFFERSON CITY, Mo. (AP) -- A member of state Clean Water Commission has been forced off the panel, because his presence provided one more Republican than allowed under state law.

The Senate Gubernatorial Appointments Committee declined Wednesday to confirm the appointment of Republican Jan Tupper, of Joplin, to the commission that oversees state water quality regulations.

The result is that Gov. Matt Blunt will either have to withdraw Tupper's appointment or his tenure on the commission will automatically cease after Friday.

Senate President Pro Tem Michael Gibbons, who also is chairman of the appointments committee, said the problem rests not with Tupper but with a 2002 law.

That law expanded the commission from six to seven members, but it left in place existing language stating that no more than three members shall belong to the same political party. Former Sen. Jim Mathewson, D-Sedalia, who sponsored the law, said recently that it was an oversight not to raise that cap to four members of the same political party.

But Blunt appointed four Republicans anyway, causing the state chapter of the Sierra Club to raise concerns that the commission's composition may violate state law.

Gibbons, R-Kirkwood, is backing legislation that would change the 2002 law so four members of the same political party could serve on the Clean Water Commission. But until that bill passes, the Senate is holding up any appointments that would exceed the current limit of three members of each political party.

Tupper has served on the commission since Blunt announced his appointment in June, for a term that was to end April 12. People appointed to boards when the Legislature is not in session automatically begin service. But to continue on the job, they must be confirmed by the Senate within 30 days of the legislative session resuming.

This year, that deadline is Friday.

The Senate committee's action means Tupper will not be able to participate in the Clean Water Commission's next scheduled meeting on Feb. 7.

Gibbons said he hoped the law could be changed -- and Tupper reappointed -- in time for the commission's March 7 meeting.

"I don't think there's any question about him being well qualified," Gibbons said. "But because of the error with the statute, we just need to fix it up."