The Senate’s Role in Confirming Commissioners
by Senator Jason Rarick
A job of the senate that many don’t think about very often is our role in confirming commissioners. This has been a long-time responsibility of our body. Once Governor Walz appoints a person to be commissioner of a state agency, it is usually the role of the senate to take up that person’s confirmation.
We often look at this as a vote of confidence. Once a commissioner has taken on their new role and has had time to establish themselves, it is up to us to review their track record, evaluate what has been done, and vote to either confirm or not confirm them. If confirmed, they continue their service as commissioner. If they are not confirmed, they no longer serve in that role. This process has been customary for as long as I have been here, and I wanted to let folks know a bit more about it, given current events in our state.
In February 2025, Shireen Gandhi was appointed as temporary commissioner of the Department of Human Services (DHS). She had been serving in the “temporary” role for over a year until Governor Walz permanently appointed her just a few weeks ago. Typically, we would give commissioners time to settle into their new roles before we push the confirmation discussion. However, in the case of Gandhi, she has already been serving in the role for more than a year. Prior to that, she was a deputy commissioner for DHS. Over that time, we have seen the body and quality of her work. As far as I’m concerned, she has been with the agency long enough – it’s time for the senate to assume its oversight role and have a discussion regarding her confirmation.
That is why Senate Republicans brought forward a motion to put her appointment on the confirmation calendar. This would allow us to discuss her tenure at length and decide whether to give her the senate’s stamp of approval. I would argue that we should not, given the fact that she has made claims we do not have a fraud problem different from any other state. To me, that is a very clear red flag, especially as she has been serving as commissioner of the very agency that has experienced some of the most significant fraud issues. But I do believe we should at least have the conversation. When we brought this motion forward, Senate Democrats voted it down, continuing what I see as efforts to stall meaningful action in addressing our state’s fraud crisis.
I’m disappointed that Senate Democrats are continuing to kick the can down the road, so to speak. This is something folks have been asking us to do: hold accountable those in power who looked the other way while fraud cost taxpayers billions. Unfortunately, I’m not necessarily surprised by their inaction. A few years ago, some might remember that Democrats made a change that will fundamentally alter the confirmation process of commissioners. Starting in 2027, commissioners will automatically be confirmed if the senate does not confirm them within 60 days of their appointment.
That is a significant issue for many reasons. For starters, 60 days is not nearly enough time to determine the effectiveness of a commissioner. During that period, they’re often still settling in and assessing what needs to be done. It is irresponsible to automatically confirm someone who has barely had time to begin the work.
Second, the confirmation process is the only line of accountability Minnesotans have regarding commissioners. Minnesota taxpayers fund the salaries of these positions, yet they have no way to hold them accountable for poor performance. The confirmation process allows for that. It gives us time to gather feedback from folks who may have opinions about how state agencies are being run, or may have had poor experiences with them. We can gather that feedback from our districts and bring it to a confirmation hearing to have a meaningful discussion. It’s vital that we undo this change and maintain the confirmation process.
Overall, I’m disappointed with how this entire discussion has shaken out so far. Minnesotans expect us to end the fraud, and they’re tired of seeing it in the news without any meaningful action from their government. We need to figure this out, and that means holding commissioners accountable and assuming our role in providing oversight and accountability.