Romney fights for control of turnpike board

Escalating the power struggle over the Massachusetts Turnpike Authority, Governor Mitt Romney plans to veto today a portion of the state budget passed by the Legislature that would weaken his control over the board that runs the controversial agency, the governor's office said yesterday.

For several years, Romney has called for the resignation of Turnpike Authority chairman Matthew J. Amorello over management of the $14.6 billion Big Dig.

Amorello, a former state senator with strong ties to legislative leaders, has steadfastly refused to give up his $223,000-a-year post. Nevertheless, Romney was expected to effectively take control of the board this month when he filled a vacancy on the board, Romney's third appointment on the five-member board since taking office in 2003.

But in May the state Senate slipped an amendment into the budget that would deny Romney his third appointment by extending the term of the incumbent board member, Jordan Levy, who is an ally of Amorello.

The veto planned today would reject the budget amendment that would extend Levy's term.

Still, whether Levy remains a board member is a matter of dispute. Last month, Romney appointed Beth Lindstrom, former secretary of consumer affairs, to succeed Levy. Romney swore Lindstrom into office last week, and yesterday Secretary of State William F. Galvin signed a certificate of appointment for Lindstrom.

In a June 30 letter to Romney's office, Michael D. Powers, general counsel for the Massachusetts Turnpike Authority , asserted that the governor's appointment of Lindstrom may be ``deemed a nullity," based on the ``likelihood of legislative override of a veto" of the measure that would extend Levy's term. Powers asked Romney's office to ``refrain from proceeding further" with the appointment ``in the spirit of good government," until the legislative action had run its course.

Thomas Farmer, the Turnpike Authority director of media relations, did not return calls or e-mails seeking the Turnpike Authority's response yesterday. Efforts to reach Levy were unsuccessful.

Lawmakers have the opportunity to override the veto by Romney, a Republican whose vetoes are frequently overturned by the Legislature, which is led by Democrats.

If such an override occurs, a constitutional crisis of sorts may develop.

``The constitution does not give the Legislature the power to make executive branch appointments," said Eric Fehrnstrom, Romney's spokesman. ``That is a gubernatorial function. The Legislature's attempt to remove an appointee of the governor and appoint its own person is an unconstitutional usurpation of the governor's powers."

With the exception of the chairman, who also acts as the Turnpike Authority's chief executive under current board bylaws, board members' responsibilities are limited to voting on Turnpike Authority business at board meetings. Board members are paid $25,800.

Romney, foreshadowing his veto earlier this week, predicted the Legislature would allow his appointment of Lindstrom to stand.

``Beth Lindstrom has been sworn in as a member of the board of directors of the Turnpike Authority," he said in answer to questions from reporters Wednesday.

``She was appointed and sworn in over the weekend, and she is able to serve in that capacity," he said, according to State House News Service. ``The Legislature, of course, can take actions as it will and, ultimately, given the veto-proof majority which they have, they can take action compelling almost anything. But in this regard I don't anticipate that they'll take any action with regards to former secretary Lindstrom."

Fehrnstrom said yesterday that the veto would be accompanied by a suggestion that the Legislature amend the budget to call for monthly board meetings during regular business hours in a convenient location.

``In our view, it makes far more sense to encourage more openness in the way the turnpike is run, and meetings of the board should not be subject to the whims of Matt Amorello, but should be held on a regular monthly basis," Fehrnstrom said.

Board meetings have generally been called with a minimum of public notice at locations well outside Boston and as early as 8 a.m.

Late last month, with the future of Levy's membership on the board uncertain, Amorello called a special meeting during which he consolidated power by winning a board vote that he ``shall have charge of and be primarily responsible for" the Turnpike Authority's day-to-day management. He also won control of the agenda, which means that members can only vote on business that Amorello approves.

The board voted down Amorello's request that future votes be subject to a supermajority, or four members.

During the meeting, Amorello and Thomas Trimarco, a Romney appointee and secretary of administration and finance, clashed repeatedly, with Trimarco at one point referring to Amorello as having ``séanced with" Mao Zedong.

Trimarco also criticized Amorello for scheduling no board meeting until September. ``He has to understand that it's a new day of accountability," Trimarco said.

A call to the office of Senate president Robert E. Travaglini yesterday was not returned. The office of House Speaker Salvatore F. DiMasi declined to comment.