I have read with dismay my colleagues’ recent statement about the supposed passage of CPSC staff’s Fiscal Year 2022 Operating Plan. Unfortunately, stating something categorically and with enthusiasm simply doesn’t make it true. Although my colleagues write that the Commission approved, by a vote of 2-1, the Fiscal Year 2022 Operating Plan, the reality is found in the official Record of Commission Action (RCA), posted here. In pertinent part, the RCA reflects that the vote taken on September 26, 2021 on the Fiscal Year 2022 Operating Plan was null and void because the Decision Making Procedures were not followed.
The procedures that my colleagues failed to follow go to the heart of transparency, due process, and reasoned decision-making. In addition, the amendments they propose, despite their statement, are far from making positive changes at the agency. They have attempted to dramatically alter the management, spending, and safety priorities of the agency without seeking legal or technical opinion as to whether their changes violate our statute and rules.
I deeply regret that a more orderly and fair process has not been followed.