An ongoing controversy surrounding Gov. Matt Bevin’s moves to purge and remake state commissions is fueled by one question: What are the limits of the governor’s authority? 

That question is being tested in court, where two labor unions and four injured workers are suing Bevin for his actions to reorganize the Workers’ Compensation Nominating Commission. The commission’s importance stems from its ability to nominate judges for workers’ compensation cases. They can decide if and how much employers must pay injured workers. 

Judges must be appointed by the governor and confirmed by the Senate. However, before they can be appointed, judges have to first be nominated by the commission. What’s at issue is Bevin’s move last month to fill six commission vacancies. Through an executive order, Bevin abolished the commission, rewrote the law governing it and remade it with new members. 

It was a move that Franklin Circuit Court Judge Phillip Shepherd recently described as a “neutron bomb,” destroying all the people but leaving the structure in place, The Associated Press reported. The tactic has also been used with the Kentucky Racing Commission and the Kentucky Horse Park Commission, among other state boards and commissions. 

Earlier this week, Shepherd blocked Bevin’s executive order by issuing a temporary injunction that will last until he issues a final ruling. 

Bevin’s press secretary, Amanda Stamper, has said the governor’s office disagrees with the order and is considering legal options, including appealing it. 

When it comes to appointments, State Rep. Jody Richards, D-Bowling Green, said Bevin “should just follow the law.” 

“If he is allowed to make these changes immediately, the next governor can change his appointees immediately,” Richards told the Daily News. 

As effective as the tactic is now, Richards said it could also work against Bevin.

“Over time he can make all those changes he wants to make,” he said. 

Richards said abiding by the law is the best approach, but stopped short of saying whether Bevin overstepped. That will be up to a judge, he said. 

State Sen. Mike Wilson, R-Bowling Green, agreed but said appointees are within the governor’s purview. The controversy, Wilson said, comes down to politics. 

“It just tends to be, for whatever reason, that if you have a Republican governor you’re gonna have challenges from the Democrat side,” he said, contending that’s the situation. 

From Wilson’s perspective, Bevin isn’t driven as much by ideology as he is a desire to run government like a business. 

“I think he’s bringing a lot of the same type of mentality to the government,” he said. 

While some look at appointments politically, others view them as a chance to use their expertise to serve. 

Western Kentucky University professor Gary Houchens is one example. Houchens is a professor in the Department of Educational Administration, Leadership and Research and was recently appointed to the Kentucky Board of Education.

“I was really honored to have the opportunity to participate in a group that is doing such important work to support our schools,” he told the Daily News recently. 

Out of the board’s 12 members, 11 can vote and are appointed by the governor. The board sets policy for Kentucky’s 173 school districts and the Kentucky Department of Education. 

He will bring his experience being a teacher, principal and district level administrator to the role. As a WKU professor, he currently trains students wanting to be principals. 

Houchens said he shares some of Education Commissioner Stephen Pruitt’s views, such as creating more of a “dashboard model of reporting school performance.” Success should be tracked across multiple metrics, Houchens said, including graduation rate and college and career readiness. 

Although he supports charter schools and school choice, Houchen doesn’t want to use his position to move that agenda forward. 

“The board of education doesn’t pass law,” he said. “They only craft policies that help implement the law.”

Simpson County School Superintendent Jim Flynn has known Houchens for years. Flynn described Houchens as having a passion for “making education work for everyone.”

“He has always struck me as a person who recognized that and wants to make education work effectively for all,” he said. 

— Follow Daily News WKU, county schools and general assignment reporter Aaron Mudd on Twitter @aaron_muddbgdn or visit bgdailynews.com.