Disaster Governor follow-up

John Ellis from the Fresno Bee has written an article about our recent post about Earl Smittcamp and the office of Disaster Acting Governor…

December 21, 2011
Fresno Bee;
Gov. Earl Smittcamp? If the disaster was big enough, it could happen
“Earlier this month, the One Voter Project had a blog about the position of “Disaster Acting Governor.” The blog by Alex Vassar notes that the position was created by law in the 1950s, which was at the height of the Cold War — when nuclear war seemed a very real possibility.”

Born on Christmas: Why we often overlook (but just can’t forget) Mike Curb

Some birthdays get a little more recognition than others. In the rush of Christmas festivities, one of the easiest to miss is that of Mike Curb (turning 67 this December 24th). Of the twelve Lieutenant Governors to serve in the last forty-five years (since the legislature became fulltime), none fought as much with their Governor as Curb did with Jerry Brown during his second term as Governor.

Curb is probably best remembered for flexing the powers of the Lieutenant Governor’s office during Brown’s trips out of state. According to his website, as acting Governor, Curb signed more than 30 bills (including the bill creating the California Agriculture Commission) and proclamations and made 431 appointments. In fact, it wasn’t until nearly three decades after Curb left office before another Lieutenant Governor signed a bill into law.

A massive legal fight followed in which Brown challenged the ability of the the Lt. Governor to assume all the duties of Governor while the Governor was out of state. Brown lost, and the stature of the office of Lt. Governor grew… at least a little bit.

Curb has also been active in the entertainment industry, writing nearly 400 songs, 46 of which made it onto the Billboard charts, and winning the Billboard Producer of the Year award. His company, Curb Entertainment, has released 57 movies.

Happy Birthday, Mr. Curb.


EDITOR’S NOTE: A thank you to Mr. Paul for the recent reminder of the importance of a good deputy.

California’s Disaster Governor

Most people are familiar with the idea of a line of succession; a series of people who would take over in the event that an official is killed, disabled, or is temporarily absent or unavailable to hold their office. For example, when President Kennedy was assassinated and when President Nixon resigned, their Vice Presidents assumed the empty office.

In California, the line of succession for the Governor starts with the Lieutenant Governor, who sits in the #2 position. In our state, Lieutenant Governors have succeeded to the Governorship seven times (most recently in 1953). After the Lt. Governor, the position transfers (in order) to the Senate President pro Tem, Speaker of the Assembly, Secretary of State, Attorney General, Treasurer, Controller, Superintendent of Public Instruction, Insurance Commissioner, and Chair of the Board of Equalization.

Earl Smittcamp (Courtesy CSU Fresno)

But who takes over if these constitutional officers are killed or missing in a major disaster or nuclear attack? It’s a name you’re not likely to recognize: Earl S. Smittcamp, a 92-year-old frozen food businessman from the farming town of Clovis.

The line of succession beyond these constitutional officers is dictated by an obscure law written in the 1950s at the height of cold war tension amid concerns about an impending nuclear war between the United States and USSR. The law, which remains in effect today as Government Code section 12050-53, requires the Governor to appoint up to seven Disaster Acting Governors, in a ranked order, to assume control of the state in the event that the rest of the civilian government for the state was killed or missing.

After the passage of the law in 1958, Governor Pat Brown appointed his Disaster Acting Governors. Of the seven appointed in 1959, the only one resigned before the end of Brown’s term was Thomas C. Lynch. According to newspaper reports, Lynch resigned as Disaster Acting Governor #1 in order to run for Attorney General in 1966, which he won.

"Disaster Acting Governor #6" Oath of Office signed by Earl Smittcamp on August 25, 1967

After the 1966 election, Ronald Reagan moved into the Governor’s office and soon appointed a new group of seven new Disaster Governors. In addition to Smittcamp (designated as “Disaster Acting Governor #6″), other six others were Carlyle Reed (#1), Victor Lundy (#2), R. Gwin Follis (#3), Y. Frank Freeman (#4), Virgil Pinkley (#5), and A. W. Bramwell (#7). Two years later, Reagan appointed Robert L. Vickers to fill the vacancy created when Freeman died in 1969.

Since the appointment of Vickers in 1969, no new Disaster Governors were appointed and time has gradually taken its toll on Reagan’s seven appointees; Lundy and Bramwell died in the 1970s, with Follis and Pinkley following in the early 1990s. Carlyle Reed died in 1999, leaving only Vickers and Smittcamp rounding out the line of succession.

After more than a decade as the highest-ranked Disaster Governor, Vickers died earlier this year at age 92. Now, after nearly half a century, Smittcamp serves on as California’s last remaining Doomsday Governor.

Those we lost in 2011.

California lost a some notable state officials and candidates in 2011. Among those who died in 2011 were legislators, judges, mentors, and one who was trusted for more than four decades with keeping the candle of democracy lit if the world burned. As we near the end of the year, we wanted to take a moment to recognize their lives and contributions.

JANUARY
Donald D. Doyle – Assemblyman (1953-1958)
Wayne Grisham – Congressman (1979-1983), Assemblyman (1984-1988)

FEBRUARY
Steve Horn – Congressman (1993-2003)

MARCH
Robert L. Vickers – Disaster Acting Governor #3 (1969-2011)
Howard J. Thelin – Assemblyman (1956-1966)
Doug McNea – Candidate for Congress and Assembly

APRIL
Bob Epple – Assemblyman (1988-1994)

MAY
Frank S. Petersen – State Senator (1962-1966)

JUNE
Matt Fong – State Treasurer (1995-1998)
John Stull – Assemblyman (1967-1973), State Senator (1973-1978)

AUGUST
Floyd G. Sampson – Candidate for Congress
Gib Marguth – Assemblyman (1980-1982)
Dick Floyd – Assemblyman (1980-1992, 1996-2000)
Charles Gubser – Assemblyman (1951-1952), Congressman (1953-1975)

OCTOBER
Matthew G. Martinez – Assemblyman (1980-1982), Congressman (1982-2001)
Tim Hodson – Director of the Center for California Studies (1993-2011)

NOVEMBER
Teresa P. Hughes – Assemblywoman (1975-1992), State Senator (1992-2000)
Carlos J. Moorhead – Assemblyman (1967-1972), Congressman (1973-1996)

DECEMBER
*

In 700 Days: Jerry Brown as California’s Longest-Serving Governor

Governor Earl Warren

700 days from today, Jerry Brown will become the longest-serving Governor in California history. On that day, October 7, 2013, Brown will surpass the record set by Governor Earl Warren in 1953.

On October 5th of that year, Warren resigned as Governor to accept an appointment as Chief Justice of the U.S. Supreme Court (a position he held until 1969). Warren had run in the 1952 Presidential Primaries (winning California) and his nomination as Justice was reported to be insurance by President Eisenhower against another run by Warren in 1956.

Another interesting note about this date (October 7th, 2013) is that it will be the 10th anniversary of the recall of Governor Gray Davis, who had served as Brown’s Chief of Staff during his first term (1975-1981).

The Missing Lieutenant Governor

As anyone who visits Wikipedia can tell you, Gavin Newsom is the 49th Lieutenant Governor of California. What few people know is that the count of Lt. Governors is off by one, and that Newsom is actually Lt. Governor #50.

As we reviewed in a recent article, there have been five different ways to assume the office of Lieutenant Governor (including three which are still available today).

Arthur H. Breed, Sr.was the longest-serving President pro Tem of the California State Senate, serving 17 years from January 8, 1917 to September 15, 1934. One interesting note is that he authored the bill the created the DMV and required the licensing of automobile drivers.

During his 17 years as President pro Tem, the office of Lt. Governor became vacant on two occasions; March 15, 1917 to January 7, 1919 and June 7, 1934 to January 8, 1935. It’s important to note that Breed was not acting Lieutenant Governor for those whole periods. Because Breed was Lieutenant Governor by virtue of his being an officer of the Senate, he only served as President pro Tem during the time that the legislature was in session. This means that his total tenure as Lieutenant Governor (54 days) was broken into three short terms;

March 15 – April 27, 1917 [45 days] (between the resignation of William D. Stephens and the end of the 42nd Legislature.

January 6 – 7, 1919 [1 day] (between the start of session for the 43rd Legislature and the inauguration of C. C. Young (following his election in November 1918).

September 12 – 15, 1934 [4 days] (for the duration of the 1st Extraordinary Session of the 50th Legislature. Lt. Governor Frank F. Merriam had become Governor in January, 1934).

Together, Breed served as acting Lieutenant Governor for a total of 50 days. His service was not the only to last less than a year (seven other Lt. Governors served terms of less than 300 days) and was also not the shortest. In 1860, John G. Downey served for only 5 days before resigning to become Governor.

Interestingly, Breed has been left off the official list of Lt. Governors for nearly 90 years. Research by the JoinCalifornia.com team is continuing, and we hope to either find out why Breed was excluded or correct this omission if no reason is found.

 

Updated: August 27, 2011
Research uncovered a 1916 Los Angeles Times article that notes that “State Senator Arthur H. Breed… admitted to friends in this city today that he would be made president of the Senate when the forty-second session organized early next January… Senator Breed, if elected to the position he seeks, will rank as Lieutenat Governor.”

Source: “May Select Breed Head of Senate” by Direct Wire Exclusive Dispatch, Los Angeles Times (November 24, 1916), p. I4

California’s Legislature, 2011 ed.

Thursday marked the release of the 2011 edition of California’s Legislature by the Assembly Chief Clerk’s Office. The book, updated and released periodically since the 1940s, was most recently updated in 2006.

Among the features in the new edition;

  • The party composition of the Legislature for each session since 1849.
  • An expanded glossary of legislative terms.
  • Descriptions of the origin and meaning of the names of California’s counties. (The best is “Napa” which comes from a Native American word meaning either “grizzly bear”, “house”, “motherland”, or “fish”.)

The book can be purchased from the Legislative Bill Room, at 916-445-2645.

Five Ways to Become Lieutenant Governor

During research into the history of the office of Lieutenant Governor, one interesting fact became increasingly obvious; there are more different ways to assume that office than any other. In fact, our current count is that there have been five distinct ways to assume California’s second highest office;

  1. Election by voters in a statewide election (ex. Gavin Newsom and John Garamendi)
  2. Appointed by Governor to fill the vacancy. Since the 1970s, the Governor has had the ability to appointment a new Lt. Governor when the office becomes vacant. The appointment must be approved by both houses of the legislature (ex. Abel Maldonado and John Harmer)
  3. Prior to the 1970s, the Senate President pro Tem automatically became the Acting Lieutenant Governor when a vacancy occured, filling that position for the remainder of the term (ex. William Irwin and Stephen M. White). Now Pro Tems only fill the vacancy until the Governor’s appointee is confirmed.
  4. Should the Pro Tem decline to serve as Acting Lt. Governor, the Chief Deputy of the last Lt. Governor becomes the acting officeholder until the appointee is confirmed by the legislature. (ex. Mona F. Pasquil)
  5. On three occasions, the office of Lt. Governor was vacant at the start of a legislative session and the Senate elected both a President of the Senate (Lt. Governor) and a President pro Tem. Although similar to Pro Tem succession (ex. David C. Broderick, Isaac N. Quinn and Pablo De La Guerra