Counsel: Most Patrick appointees exempt from Baker's reach

Gov. Charlie Baker's move to rescind all of Gov. Deval Patrick's late-term appointments to boards and commissions has resulted in just two commissioners to obscure state boards being pulled back, and even they may be reappointed.

Baker, who took office last Thursday, issued a blanket rescission on his second day in office of all 63 appointments made by Patrick in the final 15 days of his administration. Baker took the action without knowing all of the individuals who had been appointed, or what positions they had been marked to fill.

Baker's office on Wednesday said that after reviewing a list of the appointments provided by Secretary of State William Galvin on Monday, the governor's legal counsel Lon Povich determined that all but four of Patrick's appointments were exempt from Baker's control. Galvin's office believes more than four appointees, and as many as 23, may fall under the authority of Baker to reverse, but intends to honor a letter sent by Povich instructing Galvin to disregard the other appointments.

Two of those affected appointments - authorizing Attorney General-elect Maura Healey and Supreme Judicial Court Chief Justice Ralph Gants to be able to swear in state officials - were immediately reinstated.

The other two appointments nullified by Baker were for Paul Phaneuf to the Board of Registration of Funeral Directors and Embalmers, and Raymond Murano to the Board of Registration in Podiatry.

The remaining 60 appointments made by Patrick were determined by Baker's legal team to be not subject to the 1964 law that allows a new governor to reverse actions taken by their predecessor in the final 15 days of their terms. Only appointments that were subject to review by the Governor's Council in 1964 are covered by the law, and since then Legislature has removed provisions requiring "advice and consent" of the council for many boards and given direct appointing authority to the governor for newer boards and commissions.

Patrick did not make use of the law when he assumed office from former Gov. Mitt Romney in 2007, according to former aide.

The Baker team also disputes Galvin's interpretation of the rescissions as applying to acting Bristol County District Attorney Thomas Quinn. Patrick appointed Quinn acting district attorney on Jan. 2 to replace Fall River Mayor Sam Sutter "until such time a district attorney is appointed in accordance with law or elected in the next biennial state election."

"Governor Baker agrees with Governor Patrick that Attorney Quinn should and will continue to serve as acting Bristol County District Attorney until such time that the Governor makes a final decision on this appointment. Both the Patrick administration, the appointing authority, and Governor Baker have been clear that Mr. Quinn is serving in an 'acting' capacity, and as such is not subjected to Governor Baker's order to rescind some recent appointments," spokesman Tim Buckley said in a statement.

Asked on Monday at a press conference whether he would use his power to reverse any appointments, Baker did not mention the steps he had already taken before the weekend.

"We got to spend some time going through the appointments that were made, but we're certainly going to review everything that fell within that final 15-day period, sure. We think that's the right thing to do and the appropriate thing to do," Baker told reporters.

Buckley said the governor was not trying to be misleading, and fully intends to review the qualifications of all of Patrick's appointments to determine whether they should be appointed. That review will include Phaneuf and Murano.

"In due course, we will consider what action will be taken relative to the appointments made to the Board of Registration of Funeral Directors and Embalmers and the Board of Registration in Podiatry...," Povich wrote to Galvin on Tuesday in a letter reinstating Healey and Gants.

An aide to Baker said that after taking office on Thursday the new staff found that the Office of Boards and Commissions had been cleaned of all records, leaving no trace of the appointment letters, resumes or other information needed to identify Patrick's appointees and review their qualifications.

Baker's staff reached out to former Patrick administration officials and Galvin's office for details, but when the information did not arrive on Friday, Baker filed his letter rescinding all appointments "to freeze the process, thus ensuring that only the most qualified get appointed," an aide said.

Matt Fenlon, executive director of the Massachusetts Democratic Party, called Baker's handling of Patrick's appointments the latest example of a "rocky start" for the Republican's administration, which has included an erroneous inaugural speech anecdote about a teenager's drug overdose which Baker incorrectly attributed to addiction stemming from a medical procedure and a doctor's prescription for pain killers. Baker admonished his staff after the speech for the mistake, calling it "intolerable."

"First, they left off entire regions of the Commonwealth from their transition team and got caught. Next, independent advocates questioned the qualifications of some early appointments. Now, rushed and sloppy Baker administration legal work trying to score political points has analysts questioning the status of key appointments. The voters are rightly worried about what's going to go wrong next?" Fenlon said.

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