Poli 103A, California PoliticsBargaining with Governors

- No office hours on Tuesday for me.

- www.rtumble.com

Edmund G. “Jerry” Brown, Governor 1975-1983

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 pocket veto a bill by failing to act on it.

•The governor can line item veto some portion of a bill, striking a clause or, more often, a dollar figure.

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”

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 pass bills.

•Then the real bargaining begins.

•The budget needs to pass with a 2/3 majority, giving minority party a voice.

The Legislature vs. the Governor:

Budget Bargaining

“The Big Five” often negotiate the real budget deal:•The Governor: Arnold Schwarzenegger

•Assembly Speaker: Fabian Nunez

•Assembly Minority Leader: Kevin McCarthy

•Senate President Pro Tempore: John Burton

•Senate Minority Leader: Jim Brulte

The Legislature vs. the Governor:

Budget BargainingDeclines in the Changes Made to the Governor’s Budget.

8.4%6.8%

14.4%

19.5%

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

DemocraticGovernor,1980-81

DemocraticGovernor,2000-01

RepublicanGovernor,1987-88

RepublicanGovernor,1997-98

% C

hang

e in

Gov

erno

r's Bud

get

Before TermLimits

After TermLimits

“% Changes” represents the ratio of the total line-by-line changes made by the Legislature to the total final appropriation levels in health care, higher education, and business services.

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 OversightFrequency and Scope of Supplemental Budget Requests.

0

50

100

150

200

250

300Number ofSupplementalBudget ReportRequests

Number ofAgenciesCovered

Data for this figure collected by Ann Bordetsky from Legislative Analyst’s Office records.