Minnesota Senate Confirmations: Problematic Governor Appointments

Compiled by the Minnesota Legislative Reference Library

The Legislative Reference Library has been able to verify that the following appointees were rejected, resigned, or fired before Senate confirmation. Keep in mind that some executive appointees serve out their terms without a full Senate confirmation vote. They do not appear on this list.

There are three separate lists:

• Minnesota Governor Appointees Rejected by the Full Senate
• Minnesota Governor Appointees Rejected by Senate Committee
• Minnesota Governor Appointees Who Resigned or Were Fired Before Confirmation

These lists are not complete. Please contact the Legislative Reference Library if you have additions.

Minnesota Governor Appointees Rejected by the Full Senate:

Please note: This is not a complete list. Also, many appointees serve without ever being confirmed.

(a) Governor Harold LeVander made 102 appointments after the adjournment of the 1969 Legislative session (May 1969) and before Governor Wendell Anderson assumed office in January 1971. Since the legislature did not meet in session during that period, none of the 102 people appointed during that time by Governor LeVander were confirmed before he left office. Governor Anderson made his own appointments soon after taking office. (A 1969 government reorganization act (Laws of MN 1969, Ch. 1128) made the terms of most department heads the same as that of the governor. In those cases, Governor LeVander's commissioners resigned and Governor Anderson's picks were unopposed and later confirmed.) In a few cases, both governors selected the same person for a position. In many cases, however, the governors appointed different people to the same position. In a procedural move, a Senate committee decided to look at both slates of appointees. Many of Governor Anderson's appointees were rejected by the committee. In each case of controversy, a minority report in support of Governor Anderson's appointees was submitted to a vote of the full Senate and voted down. In each case, the Senate voted to confirm the appointee of former Governor LeVander.

(b) William Watters was initially confirmed, then a motion to reconsider his confirmation was granted. He was subsequently rejected.

(c) Jeff Bertram was initially rejected by the full Senate, then a motion to reconsider was granted. The appointment was then laid on the table. Bertram resigned from the Board before a second vote was taken.

(d) Carol Molnau was rejected by committee in 2004 but was confirmed by the full Senate on May 15, 2004 for Governor Pawlenty's first term in office. On February 28, 2008, during Governor Pawlenty's second term in office, the full Senate rejected her confirmation. No committee action was taken related to her confirmation for Governor Pawlenty's second term.

Minnesota Governor Appointees Rejected by Senate Committee**:

Please note: This is not a complete list. Also, many appointees serve without ever being confirmed.

** The Minnesota House of Representatives also plays a role in confirmations of members of the Campaign Finance and Disclosure Board (formerly known as the Ethical Practices Board.) For example, the Minnesota House and Senate failed to confirm C. R. (Baldy) Hansen's confirmation to the Ethical Practices Board in 1982 before adjourning sine die, which was the same thing as not being confirmed. Karen Jensen's confirmation to the Ethical Practices Board in 1979 passed the Senate but appears to have died in House committee.

Appointees to the Campaign Finance and Disclosure Board have to be confirmed by both the House and the Senate. If no action is taken within a specified time period their appointment is terminated. (Minnesota Statute 10A.02) For example, in 1999, Shirley Chase and Donald Roggenbauer's terms expired because they weren't confirmed by both the House and the Senate. However, they were reappointed in 2000 and were later confirmed.

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(e) Governor Harold LeVander made 102 appointments after the adjournment of the 1969 Legislative session (May 1969) and before Governor Wendell Anderson assumed office in January 1971. Since the legislature did not meet in session during that period, none of the 102 people appointed during that time by Governor LeVander were confirmed before he left office. Governor Anderson made his own appointments soon after taking office. (A 1969 government reorganization act (Laws of MN 1969, Ch. 1128) made the terms of most department heads the same as that of the governor. In those cases, Governor LeVander's commissioners resigned and Governor Anderson's picks were unopposed and later confirmed.) In a few cases, both governors selected the same person for a position. In many cases, however, the governors appointed different people to the same position. In a procedural move, a Senate committee decided to look at both slates of appointees. Many of Governor Anderson's appointees were rejected by the committee. In each case of controversy, a minority report in support of Governor Anderson's appointees was submitted to a vote of the full Senate and voted down. In each case, the Senate voted to confirm the appointee of former Governor LeVander.

(f) Doug Kelm was not confirmed by a Senate committee in 1975 but there was no vote by the full Senate. In 1976 the issue of his confirmation was sent back to committee where it was confirmed. The full Senate confirmed him in 1976.

(g) James Otto was not rejected by the committee, rather his confirmation was reported out of committee with no recommendation.

(h) Michael Jordan was rejected by the Senate committee, was confirmed by the full Senate, but was later fired.

(i) Nancy Wilson was first appointed in July 1995 and confirmed in 1996 to fill out an unexpired term that ended in January 1997. Governor Arne Carlson reappointed her in July 1997 for a term that expired in January 2001. Her reappointment was defeated due to inaction by both the House and the Senate. Unlike other confirmations, the Legislature must confirm nominations to the campaign finance board within a specified time period or they are rejected automatically (Minnesota Statute 10A.02). Wilson was renominated in April 1998 for a term that expired in January 2002. On April 6, 1999 the Senate Election Laws Committee took no action to recommend her confirmation. Once again her reappointment was defeated due to inaction by both the House and the Senate.

(j) Carol Molnau was rejected by committee in 2004 but was confirmed by the full Senate on May 15, 2004 for Governor Pawlenty's first term in office. On February 28, 2008, during Governor Pawlenty's second term in office, the full Senate rejected her confirmation. No committee action was taken related to her confirmation for Governor Pawlenty's second term.

(k) Jennifer Munt was not rejected by the committee, rather her confirmation was reported out of committee with no recommendation.

Minnesota Governor Appointees Who Resigned or Were Fired Before Confirmation:

Please note: This is not a complete list. Also, note that many appointees serve without ever being confirmed. And some appointees serve without confirmation and resign to take other positions at some point before the end of their term; those appointees are not included in this list.

(l) Jeff Bertram was initially rejected by the full Senate, then a motion to reconsider was granted. The appointment was then laid on the table. Bertram resigned from the Board before a second vote was taken.

(m) Dolores Fridge resigned before confirmation as president of the State Board of Education but she had been confirmed by the full Senate as commissioner of the Human Rights Department earlier the same year.

For Additional Confirmation Information, See:

• Constitution of the State of Minnesota: Article V, Section 3 ("advice and consent of the senate")
• Minnesota Statutes: 15.06 (appointment of department heads, particularly subdivision 5 if senate refuses designation); 15.066 (confirmation of appointments); 351.05 (resignations, vacancies, removals); 10A.02, subdivision 1 (Campaign Finance and Public Disclosure)
• See also other Minnesota Statutes for specific boards, agencies, commissions, etc. that require advice and consent of the Senate
• Senate Confirmation of Executive Appointments -- lists of appointees for recent bienniums
• Journal of the Minnesota Senate: Miscellaneous Index-Executive Appointments in the print edition
• Rules of the Minnesota Senate: Senate Rule 8