GOVERNORS& CONSTITUTIONAL OFFICES

State & Local Government

Early Characteristics

The first state constitution, ratified in 1836, established four-year terms for governors and the requirement that they be residents of the state for ten years.

The fifth constitution in 1874, following the American Civil War and Reconstruction, limited the executive's power while increasing the legislative's, lowering gubernatorial terms to two years and changed the residency requirement to seven years.

Amendment 63 to the Arkansas Constitution, passed in 1984, increased the terms of both governor and lieutenant governor to four years.

A referendum in 1992 limited a governor to two consecutive four-year terms.

Modern-Day Governors

LawyerWhite males dominant

Gender and race are not impediments

Campaign experience

Staffing the Office

Beware of poor appointmentsTurnoverMake-up of staff

size is variable loyalty public relations political savvy lawyers galore

Staff Duties

Handle the trivialSupply informationScreen informationHelp with visitorsAnswer mailLiaison with bureaucracyEmpowerment

Campaigns

Increasing expense 1998 California governor’s race cost $120 million Missouri candidates spent $20 million in 2000

Increasing competition State party strength is important Candidate profiles have changed

More experience in office before running High-profile candidates Incumbency

The Governor’s Roles

PolicymakerChief LegislatorChief AdministratorCeremonial LeaderIntergovernmental coordinatorEconomic development promoterParty LeaderPublic Opinion LeaderCrisis Manager

Arkansas’s Executive Power

Directs Arkansas’s executive agenciesEnforcing lawMaintaining peaceEconomic development

Requirements

Age Thirty years old

Citizenship Must be U.S. Citizen Can be a naturalized citizen

State residence Must be a ten year resident of the state

Formal Powers in Arkansas

TenureAppointment powerVeto powerBudgetary powerReorganization powerStaffing power

Informal Powers

Persuasion and leadership Popular support office prestige public relations negotiation and bargaining pork barrel and patronage

Advice to Governors

Campaign staff doesn’t always transfer wellUltimate responsibility lies in the governor,

not staffAvoid isolationGuard timeDelegateSet Priorities

Potential Reforms

Terminate the plural executiveIncrease appointment powerIncrease removal powerIncrease power to organizeReduce span of controlEnd two-year termsProvide adequate staffProvide a budget office

Lieutenant Governor

Like the U.S. Vice President Not very powerful or important

Currently Bill HalterHas become stepping stone for the

Governorship Jim Guy Tucker (succeeds Clinton) Mike Huckabee (succeeds Tucker a/f resignation) Win Rockefeller (had to bow out of run for Governor for

health reasons)

Qualifications Same as governor

L.G.

Until 1925, should the office of Governor be rendered empty through death, resignation, removal, or other disability, the president of the state senate would act as governor, until such time as a new governor were elected or the disability removed, or the acting governor's senate term expired.

This led to some situations where the governorship changed hands in quick succession, due to senate terms ending or new presidents of the senate being elected. For example, William Kavanaugh Oldham

served only six days in 1913 before he was replaced as president of the senate.

L.G.

Should the president of the senate be similarly incapacitated, the next in line for the governorship was the speaker of the state house of representatives.

Amendment 6 to the state constitution, passed in 1914 but not recognized until 1925, created the office of lieutenant governor, to be elected at the same time as governor for the same term. In case of removal of the governor, the lieutenant governor now became acting governor.

Lieutenant Governor Duties

Succeeds the governor in cases of Death Impeachment Incapacity Resignation

Extra constitutional duties Also works with Early Childhood Education Extensive involvement in tourism program

Not a typical springboard to governorship: Arkansas is the exception

Secretary of State

Keeps all state recordsConstitution provides no guidelines for officeToday is a better stepping stone to

governorship

Secretary of State duties

Recording state patentsRegistering land

Assigning title, too

Records legislature’s votesState publications

Publishes the “Blue Book” Prints Arkansas Constitution

Divisions

Business and Commercial Services Division Provides a range of services to individuals &

companies doing business w/n Arkansas. Registering business names, filing appropriate documentations for business, recording trademarks, filing notary public certifications, etc.

Communications & Education Division Coordinates programs such as Young Voters Month,

Sister Cities, & exhibits at the Capitol. Voter outreach campaigns, & civic education programs

Divisions

Elections Division Maintain state’s election records Assist county officials with federal, state, & district

elections Maintains state voter registration system

Fiscal Office Finance Human Resources Purchasing, Supply and Mail sections Responsible for arranging insurance coverage for the

Capitol and other buildings

State Auditor

Elected in separate years from rest of state constitutional officers Intent is to be more independent from the other

branches of the state executiveMust have same qualifications as governorMost winning candidates are Certified

Public AccountantsMain function is auditing

Auditing

Financial compliance audits Making sure money was spent as it was allocated

by legislature Reductions in waste and fraud

Performance auditing Making sure the money is spent wisely Goal-focused audits Recommends areas for improvement

Recently cracked down on state credit card use by employees

Also reported state does not pursue and punish unlicensed daycare providers adequately

Emergence of the Auditor

Rise of performance budgeting and audits Gave the auditor a mission And a chance to play politics

Now a politically powerful office Avenue for public cynicism with government

Land Commissioner

Runs State Land OfficePrimary responsibility as Land Commissioner

is to oversee the disposition of tax delinquent property.

Since January 2003, over $33.8 million has been collected resulting in over 44,000 delinquent parcels being returned to tax generating status.

Treasurer

Mostly a banking operation Custodian of state funds Picks banks in which to invest state money

Statutory limits But lots of personal discretion

Money authority can lead to fights with AuditorMust report to governor monthly on state

financesArkansas: controls state “Lost and Found”

Treasurer’s Duties

Office accepts deposits, reconciles accounts, prepares statements, and answers customer’s questions. As a bank for the State, the Office provides the same services for the State as the private banks do for their customers.

On an average day, the Office accepts more than $56.5 million in deposits – taxes, fees, and other payments made by the people of Arkansas – and credits them to the proper account.

These deposits are made up of electronic fund transfers, cash, and checks. On an average day, approximately 5,000 checks are processed through the Receiving Department.

Treasury Politics

Used to be very close to party lineHas deviated sinceNow a good training ground for

governorshipNew campaigns

Now revolve on management issues, competence, and experience

Attorney General

State’s chief legal officerIssues formal written opinions on state laws

and other legal issues

Arkansas’s Attorney General

Campaigning Usually crime is the most important issue Consumer protection has become important

Represents government in legal cases Does not represent private citizens Defends government actions when challenged in

courtExcellent training for governorship

Duties

Representing most state agencies, boards and commissions in courts of law;

Advocating for citizens with regard to environment, utilities, antitrust and consumer protection issues;

Providing opinions on legal issues presented by legislators, prosecutors and heads of state agencies;

Pursuing civil remedies on behalf of the Arkansas Medicaid Program for fraud and neglect; and

Handling all criminal appeals and habeas corpus matters on behalf of the state.

A.G. Programs

The Attorney General's Community Relations Department administers several public service programs, including: The Crime Victims Reparations Program Educational programs, such as “Smart Choices, Better

Chances,” a juvenile law-education program, and “Keys to Safety,” a guide to online safety, child abduction, and runaway issues; and

The Arkansas Missing Children Services Program (AMCSP), which works to protect the children of our state by serving as a statewide clearinghouse for missing-and-exploited children.

Six Departments of the Attorney General’s Office

Civil Department Civil Litigation State Agencies

Community Relations Crime Victims Program Missing Children's Services Law Education Program Keys to Safety Program Youth Suicide Prevention

Departments

Criminal Department State Briefs Habeas Corpus

Medicaid Department Medicaid Fraud

Opinions Department Information About Opinions Opinions Search

Public Protection Department Consumer Protection Utilities Environment Antitrust