STATE & LOCAL GOVT
STATE & LOCAL GOVT POLS 207
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This 17 page Class Notes was uploaded by Ernestine Zieme on Wednesday October 21, 2015. The Class Notes belongs to POLS 207 at Texas A&M University taught by R. Heath in Fall. Since its upload, it has received 21 views. For similar materials see /class/226254/pols-207-texas-a-m-university in Political Science at Texas A&M University.
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Date Created: 10/21/15
Chapter 6 outline 1 Functions of the Legislative body a Formal Functions 3 5 5 vii Lawmaking and Political Agenda 1 Write amend and pass laws 2 Gather facts 3 Represent constituents 4 Play dominate role in budgetary process 5 Determine political climate ReapportionmentRedistricting 1 Every 10 years after federal census 2 Reapportionment is deciding which parts of the state get more members 3 Redistricting means redrawing the electoral lines ConstituentAmendment Function 1 Pass statutes that quotmake do until constitutional change 2 Make amends to constitution Judicial Function 1 House impeaches person 2 Senate tries the person Electoral Function 1 Settle election disputes 2 Declare official winner Administrative function a Legislative oversight Legislative bodies traditionally serve as executive bodies by supervising state administration b Strengthened by passage of Sunset Act 1977 Standing committees hold hearings state agencies testify and answer questions 5313 Approval of executive appointments Removal of state officials E3 Some Budges preparations lnvestigatory Function Malfeasance illegal conduct E Investigation done by committee that has jurisdiction over agency a House General Investigation Committee b Ad hoc c lnterim committee E LBB scrutinizes all public agencies a This power was transferred from comptroller b lnformal functions i Casework 1 State leg do this less then members of congress ii Education and information 1 Issue newsletters give speeches interview media 2 Senate News Office 3 House Media Service 2 Structure of the Leg 3 Size and terms 039 v v i Senate 1 Equal in powerto house 2 More prestige 3 Presiding officer is Lieutenant Governor a Elected by entire state 4 Executive Appointments 5 Less formal procedures 6 Highly Publicized Debate 7 4 year staggered term 8 Total of 31 people ii House 1 Presiding officer speaker of the house 2 2 year term 3 Max of 150 people Election i ii iii Special elections called by governor to fill vacancy of by 1 Death 2 Resignation Even numbered years Singlemember districts a Most common reason resignation to run for higher office 3 Expulsion a takes 23 majority vote iv Reapportionment years all senators elected the same year draw lots for4 year senate When to take office i Newly elected January 3 Sessions v Regular session i Second Tuesday in Jan of odd numbered years ii 140 days iii Accentuates formal and informal factors iv Voters consistently reject annual sessions b Special Sessions Governor calls them not legislature 1 Sets agenda Max 30 days Leg can add items 1 Governor must agree 17 million per session 3 4 Legislative Districts 3 Mechanics i 1 senatorrepresentative per district ii Senator district has 5 times more people than house district iii If Legislature fails to redistrict self 1 Legislative Redistricting Board LRB does 2 Composed of 5 ex officio state officials a Lieutenant governor b Speaker of the house c Comptroller of public accounts d General land commissioner e Attorney general 3 If both fail then federal courts redistrict b History Before 1960s 1 Legislative districts Based on population and geography a Protect rural interest 2 Senate and area single member districts 3 House districts population a Worked against urban counties ii After 1960s 1 Baker v Carr one person one vote a Overturned legislative districts with advantages over another 2 Reynolds v Sims a Guide lines on conditions that would necessitate redrawing district lines b Based on population c 1975 house now single member districts 3 Voting Rights Act 1965 a Governor can veto districting plans 5 Party and Factional Organization a 1989 House republican formed a formal caucus first time since reconstruction b Senate less partisan than house 2 Texas house grown to look like US congress party lines d Minority party receives committee appointments e Liberalism or conservatism more important than party label f Texas leg tendency toward issue orientation Compensation 3 7200 each year i Stated by the constitution b Per diem 139 a day highest in nation 2 Ethics commission can convene citizen advisory board to change leg salary and per diem Then proposal is submitted to voters i No such board is formed d Monthly allowance during regular session 37000 for operating office e Texas 4 h ranked in most staff f Retirement benefits i Served 12 years under age 50 ii iii Optional to join retirement system Serve 8 years if over 60 iv Based on annual salary of district judge they try and increase it Membership Characteristics 3 FormalQualifications i Senate 1 26 years old 2 Qualified voter 5 years 3 Resident of senatorial district 1 year House 1 21 years old 2 Qualified voter legal resident 2 years 3 Resident of district for 1 year ii b Personal Characteristics i Middle age white male protestant lawyerbusinessman rich support of local media college education married member of civic organization 1 20 were female 2 Lawyers make up 13 3 Median age 50 to 59 2 Experience and turnover i Turnover is 2025 ii Cause of turnover 1 Running for higher office 2 Retirement 3 New job 4 Tough urban reelection races 5 Changing party alignment 6 Voter perception iii Seniority more important for US Congress than Texas leg 8 Internal Organizations of the Leg 3 Presiding officers i Lieutenant Governor 1 Elected independently of governor 2 President of Senate not member of senate 3 Rarely performs executive functions usuallyjust a legislative official 4 4 year term 5 27 other states have lieutenant gov as presiding officers a Other states have lieu as figure head no power b Our lieu has a lot of power ii Speaker of the House 1 Elected member of the house 2 Selected as speaker by majority vote of house members 3 Outcome usually decided before voting time 4 No term limit iii Pro Tempore Positions 1 Senate a Selects 1 member to serve as president pro tempore b For when the lieutenant governor is absent or seat vacant 2 House a Speaker appoints someone to be speaker pro tempore b Has the option to select no one 3 Largely honorific b Legislative Committees i Quick facts 1 Committee chairs hold secondary positions of power after presiding officers a Chairs appointed by presiding officer 2 The house has more committees than the senate ii Types of Committees 1 Standing a Established by rules of both houses b Permanent Committees c Deal with areas of public policy d Senators serve on 3 house serve on 2 e Modified seniority system less than half are seniority then they get it f Craddick eliminated seniority appointments from appropriations committee g Has staff h Senate i Lieutenant gov appoints all committee members chairpersons vice chairs ii Modified seniority rules 1 Committees with 10 or less people 3 must have served on that committee last session 2 More than 10 4 must have served iii Senator can only be chair to 1 committee at a time iv More seniority rules means less power to presiding officers 2 Subcommittees a Subdivisions of standing committees i Deal with specialized areas of standing committees jurisdiction ii Senate 1 Appointed by lieutenant gov b Other subcommittees both houses i Named by committee chair 3 Conference a Temporary committee b Members from both houses c Make compromises on bills that passed in both houses but had different forms d Type of ad hoc committee 4 Ad Hoc a Temporary b Consider specific issues or problems 5 lnterim a Continue work of leg after session ends b Study particular problem make recommendations for next session c Support legislation that failed previously d Has no staff or funds e Members from both houses i Combination of appointees of presiding officers and governor ii Citizens c Staff i Texas has better office budget and staff allowances than other states 1 They still need outside groups to give information a Texas Legislative Council 39 Not enough funds gets more requests than they can handle ii Legislative Budget Board LEE 1 Internal agency 2 Recommends on appropriations bills 3 Given more power at expense of comptroller a Etexas reports public school reviews state agency efficiency reviews b Comptroller still certifies that enough money for state budget 4 Members a Presiding officers and other leg members 5 Staff influenced by presiding officers iii Texas has lack of staffing IV Legislative Audit Committee 1 Members presiding officers and ex officio legs 2 Staff influenced by presiding officers 3 Head staff member is the state auditor a 2 year term confirmation of appointment 23 majority of senate 5 Other political appointees Secretary of senate Chief clerk of the house a And their assistants 3 E Sergeantsatarms Pages Clerical Staff 133 9 Criticism and solutions 03991 vv n v r v State legislatures no innovative Low salaries and short terms force legislators to maintain other sources of income Become inattentive of legislative business i Salary lncrease to around 61000 ii Make the senate term 6 years and the house 4 years 1 This would mean less campaigning and less campaigning would mean weaker ties between legislatives and lobbyists Voters think that legislature only work 140 days a year Don t want to raise salary Inform the public Biannual sessions too short i Change to annual sessions ii Eliminate need for special session iii More longrange planning Legislature cannot call self into special session i Allow them to ii Allow more freedom to change the agenda to special sessions Some other ideas i Reduce house to 100 members ii Both houses elected on population distribution iii One house be eliminated iv Reduce the number of legislative committees 1 Chapter 9 Outline Vocab a Bureaucracy how our state public administration works i Not elected b Hierarchy an arrangement that putsfew people but the maximum power at the top ofan organization 2 Public Policy strategy or philosophy behind individual government decisions i Implemented by public administration of Bureaucrats someone who implements policy e Public administration not only the activities necessary to carry out public policy but also the various agencies boards commissions bureaus departments that are responsible for these activities and collectively to the employees who work in the various agencies f Agency any department agency commission board bureau or other public administrative organization 9 AdministratorExecutive top level individuals in public administration State administrative agencies 3 Why there is confusion i No single uniform organization pattern exists ii Texas administration features numerous exceptions to the traditional bureaucratic characteristic of hierarchy iii The number of state agencies depends one s method of counting b Five types of policymakers in state agencies i Elected executives ii iii An elected commission and elected board Appointed executives iv Ex officio boards and commissions v Appointed boards and commissions c If an agency is headed by i Elected executives or appointed executives 1 Agency follows traditional hierarchical principles a Aka One person is the boss ii Multimember boards commissions 1 More than 1 boss d Problems i One office board or commission may be responsible for general policies to a number of separate agencies e Types of State agencies 5335 Elected Executives Appointed Executives Elected BoardsCommissions Ex Officio BoardsCommissions Appointed BoardsCommissions 3 Elected Executives a Attorney General i in One of the most powerful officers in the Texas government along with governor lieutenant governor and speaker Works on mostly civil cases Responsibilities 1 l l EEEN E Consumer protection Antitrust litigation Worker s compensation insurance Organized crime control Environmental protection lssuing opinions a Greatest power b Not legally binding c Rarely challenged in court iv This seat is a stepping stone to governor b Comptroller of Public Accounts i Responsibilities as Tn Being the administrator of the state tax system Performing preaudits of expenditures by state agencies Certifying to the legislature the approximate biennial income for the state Being the state s banker lssues the excise tax stamp used to indicate the collection of taxes on the sale of alcohol and cigarettes 2 Commissioner of the General Land Office i ii Only Texas and Alaska have this office Responsibilities 1 2 3 Supervising the leasing of all state lands for the purpose of a oil and gas production b Mineral development c Grazing Administering the veteran s land program Maintaining the environmental quality of public landswaters d Commissioner of Agriculture 0 Responsibilities 2 Regulation and promotion of a Agricultural business industry b Consumer protection Enforcing Weights and measure standards 13 Licensing egg handlers 4 Determining the relative safety of pesticides Tn Locating export markets ii Election of this office is specified by statute rather than constitutionally 4 Agencies with Appointed Executives a ExampleSecretary ofState i Safeguards the seal of the State of Texas that the governor uses ii Certifying elections iii Maintaining records of campaign expenditures iv Keeping list of lobbyists who register in the state v Administering the Uniform Commercial Code vi lssuing corporate charters vii Publishing the Texas register 5 Boards and Commissions a General Information i Head most state administrative agencies and make overall policy for them i Appoint chief administrators to handle daytoday duties 1 Budget 2 Personnel 3 Administration of state laws and federal laws carried out by the state 039 v Elected Board and Commission i Example 1 Texas Railroad commission 2 State Board of Education a Originally an elected body changed to appointed now elected again Ex Officio Boards and Commissions n v i Two purposes for having ex officio members 1 They were already in Austin 2 It was assumed they had some expertise d Appointed Boards and Commissions i Administrations of most of the state s laws are carried out by boardscommissions that are appointed rather than elected i Appointed by governor iii 6 Years overlapping terms without pay iv 3 Broad categories 1 Heath welfare and rehabilitation 2 Education 3 General Executive and administrative departments e Appointed Boards and Citizens Public Utility Commission 1 Oversees procedures for deregulation 2 Ensure the availability of adequate and reliable electronic power 3 Overseeing the telecommunications industry ii College Governing Board 1 Sets policy for college 2 Appoints president 3 Grant tenure 4 Board is responsible all institutions in the system iii Parks and Wildlife Board 1 Wildlife fees 2 Fishinghunting license costs 3 Type of fish it will release into lakes 4 How well local parks are managed 6 History of How Big Government Came to Be 3 Overall Picture i lndividualistic society small dependence on government 9 Urban lnterdependent society with heavy dependence on government b Industrial Revolution i Led to urbanization ii Workers followed job opportunities iii Business Philosophy Pseudo Laissez Faire iv Social Philosophy Social Darwinism v Corporate Owners grew rich and powerful controlling economy and politics 2 Boomand Bust Economy i Resulted from mixing the 2 philosophies listed above ii Poverty iii Expansion of Voting rights iv Bigcity ward politics v Populist movement vi Outcry against economic conditions vii Government stepped in to attempt to protect citizens who couldn t protect themselves 1 Interstate Commerce Commission created 1887 to regulate railroads d Great Depression i Expansion of government services 1 Social security e 2 Farm price support 3 Rural Electrification programs PostWorld War II Growth Social concerns for civil rights Environmental concerns needed oversight ex Nuclear power iii Entered areas previously left to statelocal government ex educationhealthcare lncrease role of the public sector 5 Reason for growth 1 Politics was not just for the politically and socially elite anymore 2 Complex society created a need for government expansion a Where to put waste chemicals b lssues like abortion education immigration State and local government grew through the 1970 s Distribution of staffresources in different categories 5 1 Texas has fewer employees per 10000 population than the other states except in the category of correction 2 Texas has more criminals than other states because of a lock emup attitude 3 All other categories higher education highways hospitals public welfare Texas has fewer employees viii Citizen revolt only in CaliforniaMass against high taxes 1 Citizens wanted to know if the high taxes were worth the governmental services being received 1980 s Election of Ronald Reagan as president 1980 showed a shift away from liberal ideology Cut funding for federal programs 1 Led to forced reduction in statelocal government social programs iii Nationwide tax revolt iv Citizens demanded more accountability from administrative state v Cuts or caps in educationsocial welfare spending vi Increase in defense spending 1990s Economy faltered EconomicPolitical differences increase between suburban whites and innercity minorities iii Upper class voted more than minorities therefore government listened to their even greater emphasis on 1 Accountability tax ceilings spending cutbacks There were still problems only government could solve education environment 5 1 Therefore statelocal government increase in size and programs 2 Taxpayers not to excited about that idea n39 L n v or 39 39 g reviewing bureaucratic performancesfor efficiency and resources use 7 Characteristics of Bureaucracy a Of the many ways to organize activities bureaucracy is the most used b Traditional Characteristics as listed by Max Weber father of modern sociology i Authority is hierarchical looks like a pyramid Few people on top with the most power lots of people at the bottom with lesser powers ii Individuals get specific tasks to do Training and practice result in expertise iii Bureaucracies were created to accomplish definite and limited goals called defined jurisdiction iv Extensive rulesregulations ensure policy is enforced uniformly v Bureaucrats are politically neutral because they follow such detailed rules 2 Modern Characteristics i Differences between traditional characteristics 1 BoardsCommissions are peak of the triangle rather than a single person a Accountability is diffused 2 Jurisdictions are more broadly defined a Limits on goals and authority are blurred 3 Bureaucrats are not neutral a Hirefirepromote from within b Difficult to fire someone c Outside control is limited ii OtherCharacteristics 1 Bureaucracies now rely on managers to oversee policy implementation and to serve as connection between citizens and elected officials 4 Rules designed to ensure consistency and fairness sometimes contradict N Frequent reorganization UJ Bureaucrats don t have to listen to politicians since they cannot be fired by them iii Generally the larger the state the lower the ratio of state employees to citizens is 8 Bureaucratic Survival Techniques 3 Why they have to survive i All bureaucrats need money Agencies with overlapping jurisdiction try and lay claim to the money they need to support their programs ii Agencies seek to survive first grow second Reasons 1 Personal It s their job on the line 2 Programmatic Genuine commitment to the program 3 Clientele sincere concern for the people who benefit from the program iii They use political tactics to gain sources of political power b Sources of Power Q i Clientele Groups 1 Clientele groups are interest groups 2 Agencies and clientele have similar goals 3 The greater the economic power of the clientele the stronger the political ties between them and the agency a Good example is oil and gas transportation industries and texas railroad commission 4 Ties are not always economically motivated ii The Legislature 1 2 types of relationships Direct and Indirect 2 Agencies try and influence the legislation by a Giving them information in writing and testimony to legislative committees b Using their clientele groups iii Chief Executive 1 They want governor support because the governor appoints the agency headmembers of the boardcommission that oversee the agency 2 The head appoints the board chair 3 The governor s appointment can greatly affect the agency s success iv The Public 1 They want public recognition 2 Usually agencies have little or no public support v Expertise and Information 1 They use the information they have as leverage against legislators 2 Legislators can use an alternative source of information a An agency s clientele group 3 The more technical an agency s specialty the greater the agency s advantage in controlling vital info vi Leadership 1 Factor that determines political power for a bureaucracies a Caliber ofleadership 2 Convinces elected officials and clientele groups that their agencies are performing effectively vii Internal Organization 1 Civil services system a system that protects agency workersfrom outside influence 2 Workers are hired on merit not because you know someone in the agency Policy making process i Implementation of the laws 1 Administrative discretion free to use theirjudgment as to how the laws will be carried out 2 Statute passed by the legislature creates general framework for implementation 3 Boards and commission structure make public participation more difficult ii Influencing the Legislature 1 Drafting bills 2 Furnishing information to the legislature 3 Lobbying a State employees cannot legally act as a lobbyist but they can furnish information 9 What happens to the public interest a 039 v 10 Bureaucratic Orientation I Loss of concern for the general public goal Inability to see different point of view iii iv Goal displacement the shifting of bureaucratic orientation Reasons for goal displacement 1 Rapid piecemeal creation of new agencies that have overlapping jurisdictions and authorities E Cooptation of regulatory agencies by their clientele group E Fact that most toplevel administrators are appointed by an executive who has no power to remove them The fact that the public is generally bewildered about which government official or body E is in charge of what program Tn The fact that the publicly stated goals may not have been the Real goals to begin with Overstepping the Law i Reasons 1 Extremely strong special interest groups 2 Weaknesses in the governor s office 3 The handicapped legislature Harnessing the Administrative State How much accountability to the Chief Executive i The governor s powers are limited intentionally 1 Limited removal powers 2 Not true executive budget 3 Executive branch fragmented ii Texas moving slowly towards a more integrated executive branch iii Governor relies heavily on chief legislator chief of state and lead of the people to influence state agencies How much accountability to Legislature i Legislative Oversight 1 Budgetary control 2 Postaudit of agency 3 Control through statutes 4 Investigations of wrongdoings 5 Reasons that against total success C D 11 v n 039 v v a Legislators don t want to anger the people who supply them with campaign money b High turnover in legislature c Part time job only there to supervise biennially 6 Sunset act a Established by the legislature to periodically review agencies and recommend to the legislature whether they should be abolished revised or renewed b Members 5 Representatives and their presiding officers 2 citizen members How much accountability to Public i Elective accountability 1 Achieved through elected representatives 2 Long ballots tend to confusion people instead of creating accountability ii Open records and Meetings 1 Texas open records Act 1973 a Public have access to official records and to most public meetings of state and local agencies 2 Sunshine Law a Forces agencies to shed light on their deliberations and procedures 3 Open Meetings Act a Public access to discussions held in executive sessions were legal or to taperecord closed meetings 4 WhistleBlower Protection a Giving job security to state employees who spot illegalunethical conduct and report it Accountability i ii Routine audits often turn up minor violations Serious wrong doings are not usually the problem Suggested Reform Create a cabinettype government Create new departments Though the likelihood of these changes are zero
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