Bargaining with Governors

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

Veto Activity

Year Governor Chaptered Bills Vetoes Total Bills Percent Vetoed

1967 Reagan 1,725 83 1,808 4.59

1975 Brown 1,280 93 1,373 6.77

1984 Deukmejian1,760 303 2,06314.69

1991 Wilson 1,231 259 1,490 17.38

1999 Davis 1,025 246 1,271 19.352000 Davis 1,092 362 1,454 24.912003 Davis 909 58 967 6.00

2004 Arnold 954 311 1,265 24.582005 Arnold 729 232 961 24.142008 Arnold 35.17

2011 Brown 870 14.36

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

Declines 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 Oversight

Frequency and Scope of Supplemental Budget Requests.

0

50

100

150

200

250

300

1985

-86

1987

-88

1989

-00

1991

-92

1993

-94

1995

-96

1997

-98

1999

-00

2001

-02

Number ofSupplementalBudget ReportRequests

Number ofAgenciesCovered

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

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?