Doggett removed man in 'bad faith,' Clements contends AUSTIN AIS JUN 1 0 '81 By CHERYL BRATZ American-Statesman Staff State Sen. Lloyd Doggett "acted in bad faith and with strictly political motivations" in rejecting the ap- pointment of Travis County's Re- publican chairman to the Texas Real Estate Commission, according to Gov. Bill Clements. "Sen. Doggett's action is totally unwarranted and in violation of his verbal and written commitments to support Dr. (Richard) Box," Cle- ments said in a prepared statement. The governor attached a copy of a letter on Doggett's stationery to Box that said, "I had the opportunity ear- lier this week to visit personally with Governor Clements regarding your appointment to the Texas Real Es- tate Commission. My concurrence was communicated to him at that time." The letter is dated Jan. 31, 1980. Clements appointed Box to the com- mission in January 1980 after the 1979 Legislature approved adding members to represent the public as well as the profession. Doggett, who is out of state on va- cation, said Tuesday that the letter was to indicate his support of Box for the term expiring last January. "I agreed to his serving until Jan- uary 31 but didn't agree to keep him in office indefinitely," the senator said. "The only reason to confirm a per- son for a job already completed is to give the governor a blank check of keeping the appointment in office until a successor is named and duly qualified," said Doggett. Doggett said he had made re- rre .ted contacts with the governor's aoTiointments office and suggested the matter be postponed until an- other legislative session. -That s•-iinedreeable to the governor s ofce the first time, but then I got inc word that Box was told to hang tough," said Doggett. -As I look back on it now, i think the wnole thing ;s contrived by ;over- - 7' (nice. He has attacked me, ,s this whole thing is a way of masking his broken promise. "The irony of the whole thing," Doggett said, "is that the public- member position held by Dr. Box ex- ists by virtue of the work I've done on the Sunset Commission. I'm par- ticularly sensitive to those positions, and I want to be sue people who serve in those positions protect the people." Doggett also said Clements isn't the first governor to try to hold over members of boards. "Gov. Dolph Briscoe kept Dorsey Hardeman on the state water board in a holdover position over the objec- tion of another senator," he said. Hardeman later was confirmed. ?-4ouST0/44 POST By. CLARA2-UMA Not Atille Barest' JUN 1 0 '81 AUSTIN — Gov. Bill Clements and Attorney General Mark White are continuing their political war over whether the state should appeal a re- cent court decision ex- i empting a Corpus Christi, evangelist's homes for wayward children from: state regulation. U meeting with reporters as he left the Capitol for Washington Monday, the governor said he has not \ decided whether to veto a bill that would force Houston to reschedule its municipal and school board elections. • "I HAVE NOT looked at it," the governor said when asked what he planned to do about the measure. The bill, by San Antonio Rep. Paul Elizondo, was Intended to move all municipal and school board elections to the first Saturday in April state- wide. An unintended up- shot, surprised Houston officials discovered after It was passed, was Hous-' ton's city election for mayor, controller and council members would be ' put off from November ":3, April. The Senate confirms gubernato- rial appointments, but a senator may invoke "senatorial courtesy," which means the other senators let their colleague block the appoint- ment of someone from his district. Box was appointed after the 1979 Legislature adjourned, so his con- firmation, although he served _dur- ing the interim, had to wait until 1981. Doggett invoked senatorial cour- tesy the last day of the session, say- ing he opposed Box's confirmation because Clements had not said whether Box would be reappointed or who else was being considered. Box was under the impression his • appointment would be confirmed, but he said he received a call from Doggett last week saying there was a pi with Box being "a car- ryover apix.fntment." An appointet, may serve past the expiration of his te:r: if the gover- nor takes no action. Clements said, "My staff was in full communication with him on the appointment and urged him to re- consider when he indicated he would move to reject it. "When Sen. Doggett says my staff A4d not 'communicate' with him, at he really means is that we waild not make a deal with him on the appointment. "I have never before criticized a senator for invoking senatorial privilege on one of my appointees," Clements said. "But I do so here without hesitation. "If Sen. Doggett had kept his word, as is traditional in the Senate, there would have been nothing fur- ther to communicate about and no deal. that needed to be made in this matter." Clements, White remain at odds on Roloff appeal Houston officials have questioned the constitu- tionality of the measure because it could either result in no city govern- ment between November and April or could extend the term of elected offi- cials an extra four months. White said his office has not been asked to rule on the question. Clements said he saw no reason to appeal a state district judge's April nil- big that radio evangelist Lester Roloff is not re- quired to get state licenses ' to run three South Texas homes for wayward children. 9 THOUGHT the issue was settled," Clements said. "The judge issued his decision, and it just happened to be one I fiFo—quickly made himself available to answer reporters' ques- tions about the governor's.. comments, said the judge's preliminary deci- sion was "overbroad." "I think we will be in the appellate courts in this decision," he said, con- tradicting the governor. Judge Charles Mathews ; has not entered his final judgment, but his initial ruling was the climax of almost eight years of court litigation during. which Roloff argued that: making him get a license violates separation of church and state. "I would like to visit with the governor and find out what reasons he has to suggest that we not appeal the case," White said. "THE STATE has a right to see to the safety and welfare of children, and the extent of our ap- peal would be to see that those children in the care of any person or organ- ization are maintained in a safe fashion," he said. "To do otherwise would be a neglected duty. "The state has a right to license facilities that keep children and to see that those children are kept safely, to see that the fire laws are enforced, to see that the health laws are being enforced (and)• to see that these children are not being abused." White said the decision was so broad that a group calling itself a church could open a bank and expect to be exempt from state regulation. "To carry (the deci- sion) to its logical con- clusion, then we would have no regulatory re- sponsibility at all in an, area where a church' might indulge in an ac- tivity wholly unrelated to religious activity." he said.