When Wyoming’s Governor Matt Mead and the Legislature decided to divest the State Superintendent Cindy Hill’s office, of its most of duties, they claimed their new law was not in response to Hill “performance.” Last week, the Supreme Court of Wyoming refused to reconsider their earlier decision, in which they found that the Governor and Legislature had acted unconstitutionally.
On Thursday, Hill was accompanied by state representatives Allen Jaggi, Kathy Davison, Garry Piiparinen, and Senator Gerald Geis at a press conference at the Barrett Building in Cheyenne. Hill began by reciting the oath she took when she was sworn into her duly elected office.
“I solemnly swear that I will support, obey and defend the constitution of the United States, and the constitution of the State of Wyoming.” This is the oath I took when I assumed office. This is the same oath legislators and the governor took.
Hill called on the governor to obey the constitution as well.
Despite the fact that the Court refused a petition from Wyoming Attorney General Peter Michael to either rehear the case or clarify the original opinion. The Court refused.
In their re-hearing denial, the judges held: “Such an approach would only result in further delay and continuation of the status quo, which is unconstitutional. It would also have the practical effect of “running out the clock” until the current Superintendent’s term of office expires. The unconstitutional statutory scheme has now been in place for a year. Efforts should be made to achieve constitutional compliance as quickly as possible.”
Hill stated that she had discovered that “the governor and his attorneys are plotting further delays through legal maneuvering in district court. These delay tactics fly in the face of the Supreme Court’s rulings. The constitution of Wyoming is the supreme law of Wyoming, higher than the governor, higher than the legislature, higher than any elected official. The Constitution is the document by which we agreed to govern ourselves and by which we live in peace and harmony.”
Legislators agree, but note that many are not looking for peace and harmony or reasonable solutions.. Representative Gerald Gay complained last week, that his “House Bill 110, which was not even read in this session, spells out in 63 pages exactly how to return Superintendent Hill and get rid of the unconstitutionally appointed director and his hirelings. Why are they waiting? The world wonders??”
Still, while Hill has spent her own money to defend her constitutional duties, she says she has tried to work within the current system. “Out of respect to the legislature, I have waited return to office. Out of deference to the governor, I deferred to his leadership. The time for waiting and deference has long since passed. I must resume my duties as required by the constitution. I call on the governor to fulfill the oath he took and end these delays today.”
As for Rich Crandall, Hill has been gracious. Crandall, who himself was forced out of office, remains in his position as the Wyoming Director of Education. Crandall, a staunch supporter of Common Core, was sworn into office last week by the Legislature’s Education Committee in an effort to bypass the Supreme Court’s ruling.
Although Hill says she is willing to work with him, earlier Hill’s legal counsel, John Masters, told KGAB that Hill had developed a transition plan, and that it was the governor’s task to deal with the current department director.
“I don’t see a role for a director,” Masters told KGAB referring to Crandall’s position. “A director was part of SF 104.” SF104, which was the law that stripped the powers from Hill, was supposedly initiated because of the governor’s issues with Hill’s “performance” however neither he or his like-minded legislators have been able to say what specifically it was with her performance they found to be objectionable and worthy of disregarding the state’s constitution.
Crandall is best known in Arizona for threatening a fellow lawmaker after she had discovered Crandall’s daughters tampering with his primary opponent’s campaign signs.
Crandall was removed from office after it was discovered that he had moved to Wyoming position and abandoned his Senate office building. He had tried to stay in office, telling press that he did so in order to maintain his health insurance coverage, however the Senate president confirmed that Crandall’s insurance was in force.
As a result, Senate president Andy Biggs removed Crandall from office and called for the Maricopa County Board of Supervisors to pick his replacement. Crandall’s move was seen by his conservative opponents in Arizona as an under-handed attempt to keep his seat for a like-minded supporters of federal programs. Crandall was instrumental in the passage of Obamacare Medicaid expansion in the usually red state.
Hill concluded the press conference today promising to return to work. “Consistent with the Supreme Court’s mandate, on Monday, March 10, 2014, at 8 a.m.., I will report to work at the Wyoming Department of Education to obey the law, resuming the work I was elected to do to serve the children and people of the state of Wyoming.”
Arizona’s conservatives, opponents to Common Core, and democrats who favor true education reform hope that Hill’s return does not signal Crandall’s return to Arizona.
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