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Staff tell JARC statute is largely silent on continuity transfers; options for committee outlined
Summary
Committee staff told members the statute does not explicitly authorize continuations or transfers described in the continuity policy and outlined JARC's options, including a finding that an agency is using a policy in place of a rule, reports to the legislature, and referrals; staff reminded members of the 90-day decision timeline and hearing-notice requirements.
Committee staff, including Connor Schiff and Ethan Moreno, told members that the relevant statutes establish a five-year maximum term for charter contracts but are largely silent on post-closure continuity transfers. "The 5 year term for the charter contracts is specified in law," staff said, and staff noted there is no specific statutory authorization for the transfer pathway described in the continuity policy.
Schiff summarized JARC's options: the committee may reject the petition, find by majority that an agency is using a policy in place of a rule, submit reports or recommendations to the legislature, establish ad hoc advisory boards, or take other actions not prohibited by statute. He also reminded members of procedural timing: "JARC must issue a final decision within 90 days of receipt of the petition," and he explained the agency hearing and notice requirements that follow a committee finding.
