BARGAINING WITH GOVERNORS

Edmund G. “Jerry” Brown, Governor

Bargaining with Governors  Formal Powers of Governors  Informal Powers of Governors  The Legislature vs. the Governor  Budget Bargaining  Everyday Oversight

The Formal Powers a Governor Does Have  Propose a budget  Gov’s budget due in early January  Constitutional deadline June 15

The Formal Powers a Governor Does Have  Thousands of Appointments  Cabinet members, agency officials  Judges, board members  But California has a plural executive, which means that the executive branch is split into many (8) elected offices. The Lt. Governor, Treasurer, Controller, etc. do not serve the Gov.

The Formal Powers a Governor Does Have  Executive Orders – car tax  Veto powers  The governor can veto any bill passed by the legislature, and it takes a 2/3 vote to override the veto.  The governor can line item veto some portion of a bill, striking a clause or, more often, a dollar figure.

Veto Activity YearGovernor Chaptered Bills Vetoes Total Bills Percent Vetoed 1967Reagan1, , Brown1, , Deukmejian1, , Wilson1, , Davis1, , Davis1, , Davis Arnold , Arnold Arnold Brown

The Formal Powers a Governor Does Not Have  Propose legislation. The governor cannot author a bill.  Put an initiative on the ballot. Can’t do it.  Enact a budget without reaching an agreement with the Legislature. Nope.  Increase funding through a line item veto. Not happening.

Informal Powers of Governors  The Power of Initiation. (Alan Rosenthal, Governors and Legislatures: Contending Powers )  Inaugural address and State of the State allow governors to argue for change.  Executive orders can get part of a proposal done.  Governors can call special sessions for particular purposes

Informal Powers of Governors  The Power of Provision.  “Any legislator who says he needs nothing from the Governor’s office is either lying or stupid.”  Appointments are legislators’ patronage as well as governors’.  Roads and other state projects.  Social events.

Informal Powers of Governors  The Power of Publicity  Governors are almost always more popular than the Legislature  This gets them on TV, etc.  Ever-elusive “political capital”

What Do Governors Say Gives them Power?  First Term Effect: “For any governor in any state, and for the president, you are never as powerful as you are on the day of your inauguration. You start at the peak of your power, and then it just goes downhill from there.” -- Gray Davis  Popularity: “I think if a governor has strong popularity ratings, he’s got a bigger bully pulpit.” – Bob Taft  Party Control: “I was fortunate in having a strong party majority in both houses, far beyond the filibuster-proof, and a couple of times at the end of my administration they’d say “We can’t let our party leader fail.” Parris Glendenning

How Often Do Governors Win?

The Legislature vs. the Governor: Budget Bargaining  After the governor proposes a budget, the Legislature does whatever it wants.  Senate and Assembly both hold subcommittee hearings, Budget Committee hearings, and even pass bills.  Then the real bargaining begins.  “May Revise” tells us size of pie  Before Jan. 1, 2011: The budget needed to pass with a 2/3 majority, giving minority party a voice.  After the passage of Prop. 25 in November, 2010, the budget can be passed with a simple majority (but not tax increases)

Budgets Were Chronically Late

The Legislature vs. the Governor: Budget Bargaining  “The Big Five” often negotiate the real budget deal:  The Governor  Assembly Speaker  Assembly Minority Leader  Senate President Pro Tempore:  Senate Minority Leader  Prop. 25 turned this into the Big 3

The Legislature vs. the Governor: Budget Bargaining

The Legislature vs. the Governor: Everyday Oversight  Types of Oversight Activity:  Oversight hearings in the interim between sessions.  Audits performed by the Joint Legislative Audit Committee and the Bureau of State Audits.  Senate approval of appointments.  Informal communication between legislative and executive staff.

The Legislature vs. the Governor: Everyday Oversight

Discussion Questions  What are the pros of dividing up our executive branch into a plural executive? What are the cons?  Does the governor better represent the “will of the people” than the legislature?  Do you think that the tax shares paid by different income quintiles in California (Decker, p.198) are fair?