THE GOVERNOR of VIRGINIA AS LEGISLATIVE LEADER by L

THE U JIVERSITY OF VIRGINIA

EWS Letter Editor Weldon Cooper

Vo'!.45" 0.5 Institute of Government, University of Virginia, Charlottesville, Virginia 22903 January 15, 1969

THE GOVERNOR OF VIRGINIA AS LEGISLATIVE LEADER By L. TUCKER GIBSON, JR.

nother gubernatorial election year in of the state. He is in a more advantageous serious liinitations placed on hi e 'ecu Virginia focuses attention on the con position to define the needs and priorities tive and legislative respon ibiliti temporary significance of the Office of of the state than is the legislature and, The Governor is empower d to call Governor. The modern Virginia Gov to a considerable extent, the responsibility special sessions of the General embly ernor is concerned not only with the ad for developing a comprehensive legisla when he deems it neces ary or upon ministration and management of State tive program has been assumed by the petition by two~thirds of the member of affairs, but he has become increasingly strong executive. the legislature. When called into special instrumental in policy formulation by the When Virginia legislators recently were session, the General Assembly is not legislature. In an earlier study entitled asked their views of executive participa restricted to considering only those mat The American Governor, Leslie Lipson tion in the legislative process, over 80 ters for which it ,,,,as con en d. Tradi traced the development and expansion percent of those who responded indicated tionally, it has been the cu tom of the of the executive function of American that the Governors of the State have tradi General Assembly, however, to limit itself governors as well as the extension of tionally exercised a strong leadership to matters for which it had been called gubernatorial leadership in the legisla role. into special session. tive process. Lipson concluded that the The Governor is authoriz d by the The legislators' perceptions of the Governor of Virginia, in addition to his Constitution to report to the General s strong leadership role of the Governor rather extensive administrative powers, sembly on the state of the tate as well are most significant when linked to their also was well equipped to exercise legisla as to make recommendation to the Gen views of the specific dimensions of this tive leadership. Subsequent studies sug eral Assembly for its consideration. By leadership function. Over 95 percent of gest that the Governor of Virginia has tradition and practice, the Governor em the legislators who responded to the been especially successful as a legislative ploys the budget message and the stat survey indicated that they considered it leader. of the State address to mak polic a primary responsibility of the Governor There has been a tradition of strong recommendations. s indicat d above, to outline, define, and propose a legisla executive leadership in the legislative Virginia legislators anticipate the Gov tive program to the General ssembly. process in Virginia. In part, this can be ernor's legislative proposals at the start Not only did the majority of legislators directly linked to the reorganization of of each regular session, and even before expect and anticipate executive initiative the executive branch under the late the session, there is much peculation in the policy-formation proce s, but also Harry F. Byrd, Sr. It is also attributable both privately and in th pre concern mQst legislator consider d it a legitimate to the persons who held the office and ing the Governor's forthcoming legi lative prerogative of the executive actively to defined the powers of the executive in program. develop and cultivate support for his operational terms; and in part, it is due The message power is not ignificant legislative program. They assumed that to the increased demands for executive in and of itself. The formal message of the Governor would become involved in leadership within the legislative process. the Governor is most effecti e when it the legislative process as he tried to secure publicly reinforces the earlier negotia The complexities of modern state gov approval of executive proposals. t the tions and agreements concerning legisla ernment necessitate executive initiative same time, however, they noted that there tion which have transpired bet\veen the in the legislative process; without execu were some limitations to executive in Governor and legislators. tive leadership there is evidence that the volvement in the legislative process. legislative process loses its sense of direc It has been suggested that the "budget

tion. legislature is often ill-equipped FORMAL PO"VERS lies at the heart of the political process" in terms of perspective, staff, and time and policy formation. Th budgetary to prepare a comprehensive legislative The Governor's formal legislative powers of the Governor Inay well be his program at the beginning of each session. powers are defined by the Virginia Con most important formal power in the The governor, however, has a full-time stitution and statutes. In the general legislative process. The budget permits staff as well as continued access to data body of literature pertaining to the gov the Governor to control and coordinate and information pertaining to the needs ernors of the 50 states, the Governor of the activities of administrati e agencies. Virginia is usually identified as one of the But, more importantly, it is a device for The author is Assistant Professor of Political Sc.ience~ Trinity University, San Antonio, Texas. strongest state executives, who has few policy innovation or expan ion. 18

THE ERSITY OF VIRGI IA powers of appointment and the patronage minimize the use or the necessity of the at his disposal are among his more effec veto. Many bills have been vetoed be Letter tive tools in exercising influence in the cause of technical flaws in the bill, not E s legislative process. In Virginia, there has Assistant Editor because of policy differences between been no widespread use of patronage the Governor and the legislature. During RALPH EISENBERG and little turnover in personnel as one a legislative session, technical flaws can Publi hed on the 15th of each month from Governor succeeds another. Many agency be corrected through the device of the eptember through August by the Institute heads have served continuously under of Government, University of Virginia, Char executive amendment; and this is demon lotte ville, Virginia 22903. The views and several Governors. Governors simply have strated in the number of times the execu opinions expressed herein are those of the not employed patronage to develop sup tive amendment has been employed. author, and are not to be interpreted as port for their legi lative programs. repre enting the official position of the In- Reflecting on this cooperation but in a titute or the University. somevvhat different context, legislators VETO POWERS ~ ntered as second-class matter January 2, were asked if they could recall a threat 1925, at the post office at Charlottesville, Among governors in the United States, of a veto by a recent Governor. The Virg-inia, under the act of August 24, 1912. the Governor of Virginia is classified as majority of the legislators indicated that having one of the strongest veto powers. they could not. This response suggests Printed by the This assessment i based on the time in that the Governors seldom have been in UNIVERSITY PRINTING OFFICE which the Governor can exercise the veto clear conflict with the legislature over on he 'ha recei ed a bill from the policy or programs. .. _ nlike governors of some states who legislature, the legislative majority neces hare budgetary powers with other mem sary to override a veto, the item veto INFORMAL RESOURCES ber of the executive branch or with the over appropriations, and the power of While the Governor's formal or legal legi lature, the Governor of Virginia is executive amendment. powers are extensive, the dimensions of olel re ponsible for developing the bien The importance of the veto power does executive leadership which are not in nial budget. Through informal arrange not necessarily turn on its formal stitutionalized are even more impressive. ment, the Governors of Virginia have de provisions or the number of times it is How does one explain, for example, the v loped means by which legislators are employed. For the period from 1952 to differences in the exercise of leadership brought into the formative stages of the 1966, a total of 6,084 bills was passed by and the legislative successes of recent budgetary process. Governors have cus the Virginia General ssembly. Only 73 Governors? All possessed identical powers, tomarily appointed members of the Gen- of these bills ,,,,ere vetoed and in no but they were not equally successful in ral ssembly to their Advisory Board on instance was the veto an indication of a exercising legislative leadership. the Budget. Comprised of a dozen or so serious division on policy between the Effective gubernatorial leadership of legi lative leaders selected by the Gov Governor and the General ssembly. the legislature cannot be institutionalized ernor, this group serves to advise the Even more impressive is the fact that through formal constitutional or legal ar Governor on budgetary matters as well none of these vetoes was overridden by rangements. Although the Governor's a to cultivate support for the budget the legislature. formal powers bear directly on the prior to its presentation to the General long with the governors of three other exercise of leadership, what becomes par s embly. It can be concluded that the states, the Governor of Virginia exercises ticularly significant are the personality Governor's budget is more likely to re the power of executive amendment. When of the Governor, the political structure cei e a favorable reception when the a bill reaches the Governor's desk which of the legislative system, and con leadership has been apprised of its con he generally approves but has objection temporary political events. In this con tent or included in its development. to one or more specific details, he can text, the Governor's informal resources The Governor of Virginia does not suggest amendments to the bill and send are of more importance and effectiveness hare major policy-making or administra it back to the General Assembly for ap than his formal powers in influencing ti e powers with- 6ther elected- Sta-t of proval in -it amended form. During- the legi-s-I-ative -ben-a ier. ------ficials. The Lieutenant Governor and At period 1952 to 1966, Virginia Governors The Governorship is the most prestig torney General, the only other elected returned 173 bills to th General s ious State office, and any individual executive officials, share no significant sembly with an executive amendment. elected to that position shares in the administrative powers with the Governor. Of this number, 171 were passed by the prominence and prestige associated with Admini trative reorganization and the legislature in the form recommended. the office. The prestige attached to the hort ballot have eliminated many of the The success of Virginia Governors in Governorship is a function of the con ituation in which an agency head or an the use of the veto and the executive cepts which legislators and the public elected official can circumvent the Gov amendment can be explained to a large have of the significance of the Governor ernor to deal directly with the legislature. extent in terms of the party structure in the affairs of State government, their hus, many of the administrative rivalries in the legislative system. Excluding the concepts of the traditional role of the whi h have weakened the efforts of gov experiences of the Price dministration Governor in the State's political system, ernor in other states to coordinate and (1938-1942) and a handful of other situa and their evaluations of the men who control the activities of the administrative tions, there have been few instances of have held the office. branch have been avoided. sharp legislative-executive antagonisms. While it is difficult to establish cause It i generally argued in the literature Coooeration based on shared intere ts and effect relationships concerning legisla of political science that the governor's and.L party identifications has tended to tive support for the Governor, there is 19

id n e that the prestige of the Gov ly, but the significance of the mass media in the legislative proce i their previous ernor office greatly influences legislative as a legislative tool or resource is derived legislative experience and their under r action to gubernatorial initiatives. from their informational value. The Gov standing of the internal structure and L gi lator subjectively evaluate and ernor can use the mass media to explain functioning of the legislature. re pond to the office as well as to the his bills or programs and the needs to While there are formal means of com ind·vidual 'who holds the office. The Gov which they are directed. The use of the munication between the executive and ernor' . 1 gi lative program takes on mass media by the Governor ha been the legislature, the personal skill of the ignificance because it is initiated by the most effective when it has been employed Governor help to define the need of the exe utive, and any requests made by the to direct attention to problem areas and State, articulate the priorities of State Go rnor cannot be lightly dismissed by to cultivate public support for legislative programs, and communicate to legi la the 1 gi lature. action. tors the mutuality of interests and the econd non-institutionalized dimen- The successes of Virginia Governors in desirability of enacting specific programs. ion of executive leadership is the exercising legislative leadership must be This has produced a pattern of p ronal Go rnor's popular base of support. explained, to a large extent also, in involvement by Governors in many ele Legi lators often think in terms of elec terms of the political structure of the ments of the legislative process. The suc tion returns and the extent of popular State. Since 1926, the majority of the cessful Governor understands thi process upport the Governor received when he Governors have been identified with the and is able to apply the formal and wa Ie ted. While this is not always in Byrd Organization within the Democratic informal resources of his office when neces t rp ted by legislators as a specific man Party. any of the Governors were part sary to influen e the bargaining pro of the Organization's leadership structure dat for the Governor's legislative pro During the legislative session, there are or at least associated with it. rrrarn, many legislators suggest that it is usually daily contacts between the Gov a clue to reading the public pulse on Within the State's legislative system, ernor and legislative leaders to discuss pe ific is ues. This is especially true when political leadership was shared by the pending administration bills or problem the Governor ran for office with a rather Governor and key legislative leaders who areas. When a bill particularly important p cific platform. wielded considerable institutional powers to the Governor is being considered, con Th Governor's constituency is State based on the seniority system in the Gen tacts between the Governor and legislative wid whereas the constituency of any eral Assembly. Shared attitudes and over leaders are almost continuous. ingl legi lator is much more limited. lapping interests among the party leaders When legislators were asked about this L gi lators perceive these constituency within the legislative system and the Gov personal dimension of communication, differences as well as the personal pop ernor tended to minilnize executive they indicated that the Governor was ularit of the Governor. While legislators legislative conflicts. Many major policy highly accessible to the individual legisla do not alway have precise means to decisions were formulated in party coun tor. In addition to personal contacts ll1ea ure the Governor's popularity, many cils, and the consensual process facilitated initiated on the behalf of the Governor, of them allege that it exists and is related executive initiative in the legislative the individual legi lator also felt free to the support that a Governor receives process. Once the Governor received the to initiate contacts with the Governor to in the legislature for his programs. When support of the party leadership, he was discuss legislative matters. During the Virginia legislators were asked about the generally assured of the passage of his legislative session, Governors followed the relationship of the Governor's con- legislative program. practice of giving legislators priority over tituency and subsequent pressures for One can only speculate at this time about other visitors in order to di cu legisla them to vote for his programs, they the implications of the changing political tive matters; and throughout a e ion re ponded that his constituency had some system in Virginia on executive-legislative a continuous procession of legislators can bearing on the manner in which they relationships. Increased factionalism with be noted moving in and out of the Gov responded to the Governor's legislative in the Democratic Party or the emergence ernor's office. propo al . of a strong Republican Party will cer h predominance of the Governor's tainly modify the patterns of political While the Governor tends to delegate offic within the structure of State gov relationships between Governors and some of the liaison function to legislative ernment provides the Governor with legislators. leaders, the floor manager of an adminis r ady 'access to the mass media. Activities tration measure, or members of his taff, and statements of the Governor are par LEADERSHIP SKILLS he is often involved personally in deter ticularly newsworthy, and the Governor The legislative process is a continuing mining the strength of the support or is able to utilize his access to the mass process of communication, bargaining, opposition to his administration pro media to influence the decisions of the and negotiation; and the Governor's uc grams. In critical circumstances, the ef I gislature. By making general appeals cess is contingent upon his own leader fective Governor will employ the full to th population, a Governor may be ship skills and his understanding of the weight of his office to influence legislative able to bring outside pressures to bear on legislature. Of the 11 Governors of Vir considerations of a specific bill. Thi , of I gislators. ginia who have held office since 1926, 8 course, can only be done effectively when he Governor of Virginia has seldom had some previous experience in the Gen the Governor understands the personal re orted to direct public appeals to prod eral Assembly; and 4 had served as interests of the legi lator, their con- the legislature to enact a specific pending Congressmen prior to their election as stituencies and the influence of their con mea ure. Each Governor, of course, em Governor. Several legislators indicated stituencies on their vote, and other polit plo ,the rna s media somewhat different- that one clue to the successes of Governors ical pressures which bear directly on the 20 voting behavior of the individual legisla Governor's Formal Powers and Informal of leadership within the legal description tor. Resources Ranked According to of the office. Gubernatorial leadership in When Virginia legislators were asked Effectiveness in Influencing the legislative system is directly linked to to evaluate the relative effectiveness of Legislative Decisions the personality of the incumbent and the manner in which he perceives his respon the Governor's formal powers and in Governor's Powers Rank According to formal resources in influencing legislative sibilities and the powers of the office, the or Resources Total Effectiveness political structure within the legislative consideration of the administration's pro House Senate system, and the current demands on the grams, their responses corresponded with Budget Powers I 1 legislature. the thesis that the Governor's informal Popular Support 2:~ 5 The only significant change in the resources were generally more important Prestige of Office 2* 2 formal structure of the executive branch to him than his formal powers. In the Skill in Bargaining 4 4 that can add to the Virginia Governor' following table, over half of the members Leader of Political Party 5 6 resources in the legislative process would of the Virginia General Assembly in a Message Powers 6 3 be the abolition of the existing single recent session ranked the general effec Focal Point of Mass Media 7 7 term limitation. To the present, there is tiveness of the Governor's formal powers Administrative Powers 8 8 no appreciable evidence that Governors and informal resources. Patronage Powers 9 9 have been hindered by the one-term Veto Powers 10 10 restriction in developing comprehensive In both the House of Delegates and the programs and building legislative su port Senate, the Governor's budgetary powers *Rankings were equal for these proposals. In many respect, were ranked first. This response was not there has been a continuity in leadership unusual in light of the importance of the Formal powers must not be minimized from one Governor to the next, sustained budgetary power as a means of control, and, if strong executive leadership is by the political systems of the State and coordination, and policy initiation. Be desired in the political system, considera the legislature and by many close personal yond the budgetary power, however, there tions related to the Governor's formal relationships among successive Governors. powers must not be overlooked. The Of was a general tendency for the legislators Unlike states in which there is a sharp fice of Governor must be structured so of both houses to rank the Governor's in transition from one administration to the that there are no serious logal limitations next, there has been a considerable degree formal resources higher in total effective placed on the Governor in the exercise of continuity in programs from one Go ness than his formal powers. The message of leadership. ernor to the next. As political change power was ranked third in the Senate and At the same time, the manner in which comes to Virginia, however, the one-term sixth in the House of Delegates. The formal powers will be used by a Governor limitation may seriously handicap a Gov other formal powers were ranked lower cannot be anticipated. It is impossible to ernor in the future from developing than the Governor's informal resources. institutionalize the dynamic components legislative support for his program.

THE UNIVERSITY OF VIRGINIA Entered as second class matter NEWS Letter Charlottesville,Virginia Institute of Government Charlottesville, "irginia