Kaye Nomination as CPSC Chairman Means Majority of Commissioners Would Be Ex-Staffers

President Barack Obama’s March 27 nomination of CPSC Executive Director Elliot Kaye to be the commission’s chairman means that three of five commissioners would be former commission staffers. That is an historic rarity as commissioners’ seats are political appointments. Thus past presidents typically have nominated agency outsiders, a fact that often has meant an education period for new commissioners as they learned how CPSC operates.

The other two former staffers are current Acting Chairman Bob Adler and Kaye’s fellow nominee, Joe Mohorovic, chosen by Obama last fall (PSL, 11/11/13, p. 1). Adler first worked at CPSC from 1973 to 1984, mostly for former Commissioner David Pittle; he re-joined CPSC in 2009 as a commissioner. Mohorovic served from 2002 to 2007, including as chief of staff; former Chairman Hal Stratton brought him aboard. Adler, Kaye, and Mohorovic all are Obama picks.

Kaye joined CPSC in October 2010 as senior counsel to former Chairman Inez Tenenbaum. He became deputy chief of staff in April 2012 and chief of staff in May 2013. Since October 2013, he has served as executive director. CPSC spokesman Scott Wolfson said that Kaye would continue in that position through the confirmation process.

Prior to CPSC, Kaye was with the Washington office of Hogan Lovells, where he had been an associate since 2007, focusing on white-collar crime. Other previous employers included the Ohio Campaign for Change; Cooley Godward Kronish in New York; U.S. District Judge Sterling Johnson in Brooklyn; and the Brooklyn U.S. Attorney’s office.

On Capitol Hill, he previously was chief of staff for Rep. John Tierney (D-Mass.); communications director and chief of staff for Rep. Pat Danner (D-Mo.); and a staffer for Rep. Earl Hutto (D-Fla.). He has a 1991 B.S. in journalism from Northwestern University and a 2004 law degree from New York University.

Kaye would take the seat vacated by Tenenbaum, who left last fall (PSL, 11/25/13, p. 1). Because commissioners’ seven-year slots run continuously even if not filled, his term as commissioner would run through October 2020. On the other hand, it is traditional for CPSC chairmen to step down when the presidency changes, so it is possible that he could leave in 2017 after Obama departs the White House. Nonetheless, Kaye also potentially could stay on as just a commissioner or even be nominated as chairman again if a Democrat wins the 2016 presidential election.

Kaye’s nomination means that he and Mohorovic might be seated relatively quickly. It is generally understood in recent years that the Senate waits for pairs of CPSC nominees – one Democrat and one Republican – to give its approval. That certainly has been the practice at least.

For example, current Commissioner Marietta Robinson, a Democrat, was a nominee for 18 months (January 2012 to June 2013), but gained her seat within weeks of Obama’s nomination of current Commissioner Ann Marie Buerkle, a Republican. Similarly, the Senate paired the 2009 confirmations of Alder, a Democrat, and former Commissioner Anne Northup, a Republican. Kaye is a Democrat and Mohorovic is a Republican.

Neither Kaye nor Mohorovic has received a Senate confirmation hearing yet, although that body did push through Buerkle’s appointment without one.

Kaye would join Adler and Robinson as the 3-2 Democratic majority; Mohorovic would join Buerkle in the Republican minority. CPSC rules under the Consumer Product Safety Act require that political division, and related calculations likely are involved in recent Senate pairings.