Gov. Mike Dunleavy withdrew an executive order to split the Department of Health and Social Services Thursday citing technical issues with the order. A revised order would be submitted to the Legislature soon after a detailed review of the order, the governor’s office said in a statement.<\/p>\n
Dunleavy proposed splitting the department into the Department of Health and the Department of Family and Community Services, saying it would make the state’s largest department easier to manage. The announcement was met with pushback from tribal health organizations who said the split was likely to produce worse social service outcomes. Earlier this week lawmakers raised legal questions related to the order, too.<\/p>\n
Sen. Bill Wielechowski, D-Anchorage, requested a memo from the Legislative Legal Division over the weekend which identified 36 potential legal issues. The memo also noted the order contained multiple errors and technical issues.<\/p>\n
The governor’s office has said the changes within the order were well within the purview of a governor’s executive order. A Feb. 24, memo from acting Attorney General Treg Taylor to the Senate Finance Committee cites several examples of restructuring by executive order.<\/p>\n
But Wielechowski said the proposed changes were beyond the scope of what’s allowed under an executive order. Orders which made substantive changes to services or worker duties may be subject to litigation, he said, and a proposal to rework a department belonged in the Legislature. <\/p>\n