Gov. Eric Greitens on Friday appointed two men to vacancies on the bipartisan Missouri Ethics Commission - which hasn't been able to meet since March 15 because it has not had enough members to establish a quorum.
Greitens named former state Rep. Wayne Henke, D-Troy, and Bill Birkes, of Joplin, to the six-member commission.
If approved by the state Senate, their four-year terms would run through March 15, 2022.
Henke served in the Missouri House from 2003-07 and previously served as Lincoln County's assessor and was a member of the Silex R-1 School Board.
Henke earned his bachelor's degree in education from the University of Missouri-Columbia.
He was nominated by the Third Congressional District Democratic Committee.
Henke would fill the seat that had been held by former Cole County clerk and former state Rep. Bill Deeken, R-Jefferson City.
Birkes is retired from the Federal Deposit Insurance Corporation, where he worked as an information specialist and financial analyst.
He earned his bachelor's degree in business from Missouri State University in Springfield. He is a member of the Rotary Club of Webb City and Carl Junction.
Birkes was nominated by the Seventh Congressional District Republican Committee.
A third vacancy, also from an odd-numbered congressional district, still needs to be made.
The commission's next scheduled meeting is an April 25 conference call.
Greitens' spokesman, Parker Briden, said last month the governor hoped to make commission appointments before that meeting.
But Henke and Birkes can begin serving until they've been confirmed by the state Senate.
The Senate's process includes making a background check on the nominees, having them appear before the Senate's Gubernatorial Appointments Committee, having the committee recommend the appointment be approved and having the Senate confirm the appointment.
Typically, it takes more than one week, and the commission's next meeting is in 11 days.
Lauren Hieger, spokeswoman for the Senate's Republican Caucus, said Friday: "The appointments will still go through the normal process understanding that time is of the essence."
Before going to the Senate process, Ethics Commission nominees are required to:
File a financial interest statement.
Provide the governor, Senate president pro tem and the commission with a list of all political contributions - including the name of the candidate or committee, and political party or continuing committee, to which those contributions were made within the four-year period prior to the appointment - that were made by the nominee, the nominee's spouse, or any business entity in which the nominee has a substantial interest.
Be a citizen and resident of the state.
Have been a registered voter in the state for at least five years preceding the appointment.
Part of the problem for the Ethics Commission is state law treats the commission differently from other boards and commissions.
Although Missouri's Constitution twice states the governor's appointees to boards and commissions "shall serve until their successors are duly elected or appointed and qualified," the law establishing the Ethics Commission and its members said, instead: "Terms of (commission) members shall expire on March fifteenth of the fourth year of their term.
"No member of the commission shall serve on the commission after the expiration of the member's term."
So when the terms for Deeken and two other members expired a month ago, there was no one ready to take their place. At least four members must be on board to hold a meeting or make decisions.
The law authorizes the director - currently James Klahr, who will hold the job until 2019 - to "employ staff and retain such contract services as the director deems necessary, within the limits authorized by appropriations by the general assembly."
That staff can handle the commission's day-to-day business.
However, only the commission can:
Receive and review complaints regarding alleged violation of state campaign laws.
Conduct initial reviews and investigations regarding complaints.
Refer complaints to appropriate prosecuting authorities and appropriate disciplinary authorities, along with recommendations for sanctions.
Initiate judicial proceedings.
Review and audit - for timeliness, accuracy and completeness of content - any reports and statements required by the campaign finance disclosure laws, financial interest disclosure laws, or lobbyist registration and reporting laws.
Provide information and assistance to lobbyists, elected and appointed officials, employees of the state and political subdivisions in carrying out the provisions of state campaign laws.
Render advisory opinions.
Promulgate campaign and campaign finance rules.
Some lawmakers have been concerned Greitens is naming people who will have the power to pursue - or block - complaints that have been lodged against him.
A bill to make other changes in the commission's nominating process has been discussed in the Senate but hasn't been sent to the House yet - and wouldn't have an impact on the governor's new appointees.