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Secretary Of The Commonwealth Of Virginia




  • 1) Serving as the Keeper of the Seal of the Commonwealth

  • 2) Assisting the Governor in the appointment of thousand individuals to serve on state ---boards and commissions

  • 3) Issuing the Commissions of Notaries Public

  • 4) Authentication of documents

  • 5) Registering Lobbyists

  • 6) Issuing the "Bluebook", officially "The Report of the Secretary of the Commonwealth," an annual publication that identifies, "(a) the boards of visitors of all public institutions, and other boards appointed by the Governor; (b) all commissions issued under appointments made by the Governor, except commissions to notaries public; (c) all departments, boards, councils, commissions, and other collegial bodies created in the executive branch of state government; and (d) such other matters as the Governor requires. " - The Report as defined by the Code of Virginia

  • 7) Issuing a State Government Organization Char

  • 8) Handling pardons and clemencies, Extradition , and Service Of Processes . Although the Secretary is involved, the Governor is responsible for granting Pardons and Clemency , as well as authorizing extradition. The Secretary of the Commonwealth's Office handles the paperwork on behalf of the Governor.


Although the office has evolved over the years, the job has always involved the safekeeping of the Great Seal of the Commonwealth Of Virginia . Today, the position's major role is serving as the state's chief patronage officer, helping the Governor fill thousands of positions on state boards and commissions.

The Secretary of the Commonwealth has been a state government position for over a century. Although currently appointed, under the Virginia Constitution of 1901 the Secretary was elected. Article V of the Constitution covered the Executive Department officers, including the Governor and Lieutenant Governor. The Secretary's position was covered by the Article as well:
''"Section 80. A Secretary of the Commonwealth shall be elected by the qualified voters of the State at the same time and for the same term as the Governor; and the fact of his election shall be ascertained as in the case of the Governor. He shall keep a daily record of the official acts of the Governor, which shall be signed by the Governor and attested by the Secretary, and, when required, he shall lay the same, and any papers, minutes and vouchers pertaining to his office, before either house of the General Assembly. He shall discharge such other duties as may be prescribed by law. All fees received by the Secretary of the Commonwealth shall be paid into the treasury monthly."''


PART OF THE GOVERNOR'S CABINET


Under the Virginia Constitution of 1971, the Governor, Lieutenant Governor , and Attorney General are the only elected executive officers. Since the administration of Governor A. Linwood Holton, Jr. , the Secretary of the Commonwealth has been an appointed member of the Governor's Cabinet. Holton was the first Governor to establish a Cabinet in Virginia, desiring to develop a modern system of executive government in the state. Today, the Office of the Governor's Secretaries assists the Governor in running the Cabinet. The Cabinet consists of the following individuals:

  • Governor's Chief of Staff

  • Secretary of Administration

  • Secretary of Agriculture and Forestry

  • Secretary of Commerce and Trade

  • Secretary of the Commonwealth

  • Secretary of Education

  • Secretary of Finance

  • Secretary of Health and Human Resources

  • Secretary of Natural Resources

  • Secretary of Public Safety

  • Secretary of Technology

  • Secretary of Transportation

  • Assistant to the Governor for Commonwealth Preparedness


In a unique twist of Virginia law, the Secretary of the Commonwealth does not leave office as soon as a new Governor is elected. Although every other Cabinet Secretary resigns when a new Governor takes over, the Secretary of the Commonwealth stays on the job for one week to provide for continuity in government and smooth out the transition between gubernatorial administrations. A fixed term lasting four years is specified for the Secretary of the Commonwealth in the Code of Virginia


CURRENT SECRETARY & POLITICAL CONTROVERSY OF 2006


The current Secretary of the Commonwealth is Katherine Hanley , serving in the administration of Governor Tim Kaine . She succeeded Anita Rimler, who served under former Governor Mark Warner . Secretary Rimler previously served as Virginia's Secretary of Administration under Governor Doug Wilder . Both Hanley and Rimler are members of the Democratic Party , working for Democratic Governors.

Hanley, a former Chair of the Fairfax County Board of Supervisors, was Kaine's second choice for the job. His original nominee, Daniel G. LeBlanc , was the former head of the Virginia AFL-CIO . This made him objectionable to Republican members of the Virginia General Assembly . Because the General Assembly must approve Cabinet Secretaries, LeBlanc's confirmation was very much in doubt. The primary concern on the part of legislators was LeBlanc's previous support for eliminating Virginia's Right-to-work laws. Republicans felt that since the Secretary of the Commonwealth would advise the Governor on appointments to state commissions, the former labor leader might try to push overtly pro-labor positions through appointment of sympathetic commissioners. Arguments on both sides dominated Virginia politics for several weeks in early 2006, even bringing in former Secretary Rimler and several of her colleagues. In a letter to Virginia newspapers, seven former secretaries of the commonwealth—two of whom served Republican governors—wrote, “Essentially, the Secretary functions as a conduit, collecting recommendations from state officials, professional associations, alumni groups, and legislators from both political parties. The Secretary does not make policy." This did not satisfy legislators, who rejected LeBlanc's nomination, the first time such an action had been taken since the cabinet system was put in place in Virginia in the 1970s.

LeBlanc is a close personal friend of Governor Kaine's. Following LeBlanc's rejection by the General Assembly, Kaine appointed him as his Senior Advisor on the Workforce, a position that does not require legislative approval and receives the same salary as a Cabinet Secretary. In an ironic twist of fate, LeBlanc will have greater influence over labor-related matters in his new position than he would have as Secretary of the Commonwealth.

Secretary Hanley, whose served a total of twenty years on the Fairfax County Board (8 as a Supervisor, 12 as Chair), considered running for Congress in 2004 as a challenger to Congressman Jim Moran in the Democratic Primary Election . However, she dropped out in late 2003. When Governor Tim Kaine was elected, there were rumors she might serve as Secretary of Transportation before ultimately landing the Secretary of the Commonwealth portfolio.


TEXT OF THE SECRETARY'S DUTIES FROM THE CODE OF VIRGINIA

§ 2.2-402. Keeper of seals of Commonwealth; duties generally.

The Secretary of the Commonwealth shall (i) be keeper of the seals of the Commonwealth; (ii) keep a record of all executive acts, arrange and preserve all records and papers belonging to the executive branch of state government; (iii) be charged with the clerical duties of that department; and (iv) render to the Governor, in the dispatch of executive business, such services as he requires. The Secretary of the Commonwealth shall record or register all papers or documents required by law to be registered or recorded in his office, and, when required, furnish a copy of any record in his office under the seal of the Commonwealth.

The Secretary of the Commonwealth may authenticate records of any court of the Commonwealth and of any department of the government. He shall keep a register of all city, incorporated town, county, and district officers, and, when required, give a certificate of the election and qualification of any such officer.

The Secretary of the Commonwealth shall make an annual report to the Governor, identifying the following: (a) the boards of visitors of all public institutions, and other boards appointed by the Governor; (b) all commissions issued under appointments made by the Governor, except commissions to notaries public; (c) all departments, boards, councils, commissions, and other collegial bodies created in the executive branch of state government; and (d) such other matters as the Governor requires. The reports shall be transmitted by the Governor to the General Assembly, printed as other annual reports are printed, bound in a separate volume, and disposed of according to law.

The Secretary of the Commonwealth shall collect all fees described in § 2.2-409, and all other fees of office and commissions, accruing and pay them into the state treasury.

The Secretary of the Commonwealth shall include information and photographs of the members of the General Assembly in such annual report; these materials shall be maintained for the Secretary's use in the annual report by the Clerks of the House of Delegates and the Senate.


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