Article XVI, Section 7.
[Legislature to enforce this article.] The Legislature, by appropriate legislation, shall provide for the enforcement of the provisions of this article.
Article VII, Section 5, (Executive Power vested in the Governor)
What do you do when both sides have power and don't agree?
I didn't like HB 328 State Government Work Week and agreed that Gov. Herbert had executive power in this area. So does the Legislature. I voted against HB 328 three times including the override vote.
But by attempting to solve it by executive order and by stating that the Legislature didn't have the power to write HB 328 as one reason for his veto, Gov. Herbert didn't solve it, but made it worse.
I am fine with the compromise that the Governor had reached prior to the vote, but the best course of action, since HB 328 didn't take affect prior to Sep. 17, 2011, would have been to create a new bill with the compromise, run it in an upcoming special session, which would have solved both Article XVI, Section 7 and Article VII, Section 5.