EXECUTIVE BRANCH

"When a man assumes a public trust, he
should consider himself as public
property."

The executive branch of Pennsylvania government, consisting of both elected and appointed officials, is headed by the Governor, who holds the state's highest office. Citizens look to the Governor as a leader who will set the agenda for state government, see that current problems are dealt with effectively and that plans for the future are put into place.

The Attorney General, Auditor General, and State Treasurer, all of whom are elected to administer agencies independent of the Governor, are also executive-branch officials. The Lieutenant Governor, an elected official, and the appointed members of the Governor's cabinet constitute the rest of the executive branch of government. Cabinet members manage the operations of state government agencies and provide their expertise as advisors to the Governor.

This section includes a description of some of the duties and powers of Pennsylvania's Governor as well as information about other state executive officers.

125. WHAT IS THE EXECUTIVE DEPARTMENT?

The Pennsylvania Constitution defines the executive department as consisting of the Governor, Lieutenant Governor, Attorney General, Auditor General, State Treasurer, and Secretary of Education (see Article IV, Section 1). The executive department, however, has grown to include all state government agencies under the jurisdiction of the Governor.

126. WHO HAS EXECUTIVE POWER?

The Constitution grants supreme executive power to the Governor (see Article IV, Section 2).

The Constitution of 1776 gave executive power to a Supreme Executive Council composed of 12 members elected by the House every three years. The Governor has had supreme executive power in Pennsylvania since the Constitution of 1790.

127. WHAT IS THE OATH OF OFFICE TAKEN BY THE GOVERNOR?

The Governor takes the same oath of office as do all members of the General Assembly and all judicial, state, and county officers. The wording of that oath is as follows:

"I do solemnly swear (or affirm*) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity."

* NOTE: If the individual taking the oath objects to the term "swear," which is a declaration that implies an appeal to God, that individual may substitute the word "affirm."

128. WHERE IS THE INAUGURATION CEREMONY FOR THE GOVERNOR-ELECT HELD?

The Governor-elect can choose the site, but the ceremony must be held in Harrisburg. It usually takes place on the front steps of the Main Capitol Building.

129. WHO ADMINISTERS THE OATH OF OFFICE?

The oath of office is administered to the Governor-elect by the Chief justice of the Pennsylvania Supreme Court.

130. ON WHAT DATE DOES A GOVERNOR'S TERM BEGIN?

The Constitution says that the Governor's term will begin at noon on the third Tuesday of January following the election (see Article IV, Section 3).

131. HOW IS THE LIEUTENANT GOVERNOR ELECTED?

The Constitution provides for the Lieutenant Governor to be elected jointly with the Governor (see Article IV, Section 4).

The Constitution of 1874 called for the Lieutenant Governor to be "chosen at the same time, in the same manner, for the same term and subject to the same provisions as the Governor." Each, however, was voted on separately.

An amendment to the Constitution in 1967 set today's system of a gubernatorial candidate running with a candidate for Lieutenant Governor. The President and Vice President of the United States are elected in this same manner.

132. CAN A GOVERNOR HOLD OFFICE FOR MORE THAN ONE TERM?

Yes, since 1967, the Constitution limits a Governor to two consecutive terms of four years each (see Article IV, Section 3).

In 1967, the voters approved the amendment to the Constitution that allows the Governor to serve two terms. Previously, the Governor was not eligible to serve two successive terms.

133. WHAT HAPPENS IF THE GOVERNOR DIES, RESIGNS, BECOMES DISABLED, OR IS REMOVED FROM OFFICE?

If the Governor cannot fulfill the duties of office for any of these reasons, the Constitution grants executive power to the Lieutenant Governor (see Article IV, Section 13).

In 1974, the General Assembly enacted a law providing the procedure for determining the disability of the Governor and Lieutenant Governor, and the succession in accordance with the Constitution.

134. WHAT PROVISIONS ARE THERE FOR THE CONTINUATION OF GOVERNMENT IN THE EVENT OF AN ATTACK ON THE UNITED STATES OR OTHER EMERGENCY?

The Emergency Interim Executive and Judicial Succession Act of 1959 provides for continuity of government in the event of an attack on the United States. It states that if the Governor, Lieutenant Governor and President Pro Tempore of the Senate are all unable or unavailable to exercise executive power, the Speaker of the House is next in line to discharge the duties of the Governor.

The Speaker would only hold power until a new Governor was elected or until one of the preceding officers became available.

135. FOR HOW LONG CAN THIS AUTHORITY BE EXERCISED?

The Legislature, by concurrent resolution, can at any time terminate the authority of any official authorized to act as Governor following an attack on the United States.

136. DURING AN ATTACK, CAN THE SEAT OF GOVERNMENT BE MOVED FROM HARRISBURG?

Yes. Whether due to the effects of an enemy attack or the anticipated effects of a threatened attack, the Governor can, by proclamation, declare an emergency temporary location for the seat of government.

137. IF THE LIEUTENANT GOVERNOR BECOMES GOVERNOR, WHO TAKES OVER AS LIEUTENANT GOVERNOR?

The President Pro Tempore of the Senate would become Lieutenant Governor and could then become Governor if another vacancy should occur. If the President Pro Tempore should become Governor, that seat in the Senate would become vacant and would be filled by election as any other Senate vacancy.

138. WHO BECOMES GOVERNOR IF THE GOVERNOR- ELECT DIES OR IS DISQUALIFIED BEFORE TAKING THE OATH OF OFFICE?

The Lieutenant Governor.

139. WHAT IF BOTH THE GOVERNOR-ELECT AND THE LIEUTENANT GOVERNOR-ELECT DIE OR ARE DISQUALIFIED BEFORE INAUGURATION?

In that case, the President Pro Tempore of the Senate would assume the governorship.

140. WHO WAS THE FIRST GUBERNATORIAL CANDIDATE TO BE CHOSEN BY A PARTY NOMINATING CONVENTION?

In 1820, William Findlay, a Democrat from Franklin County, was nominated for Governor by a convention of delegates chosen by the Democrats for this special purpose. Earlier candidates were chosen by legislative caucuses.

Used for the first time in Pennsylvania, this method of nominating candidates soon spread to other states and is now used by the national parties for choosing presidential candidates.

141. WHO WAS THE YOUNGEST GOVERNOR OF PENNSYLVANIA? THE OLDEST?

Robert Pattison was the youngest Governor. He was 32 years old at the time he was elected. Governor Pattison served two terms, 1883-87 and 1891-95.

At 69, David Lawrence was Pennsylvania's oldest Governor. He took the oath of office in 1959 and served until his term expired in January 1963.

142. WHO ARE THE ELECTED OFFICERS OF THE COMMONWEALTH?

The Governor, Lieutenant Governor, Treasurer, Auditor General, and Attorney General are Pennsylvania's elected officers.

143. WHAT ARE THE TERMS OF OFFICE OF THE ATTORNEY GENERAL, AUDITOR GENERAL, AND STATE TREASURER?

Their terms are four years, beginning on the third Tuesday of January following their election.

144. ARE THEIR TERMS LIMITED?

Yes. They are not allowed to serve for more than two successive terms.

The Governor's cabinet includes, in the order of creation: the Secretary of the Commonwealth (established in 1777); Adjutant General (1793); Secretary of Education (1837); Insurance Commissioner (1873); Secretary of Banking (1891); Secretary of Agriculture (1895); Secretary of Health (1905); State Police Commissioner (1905); Secretary of Labor and Industry (1913); Secretary of Public Welfare (1921); Secretary of Revenue (1927); Secretary of Commerce (1939); Secretary of Community Affairs (1966); Secretary of Transportation (1970); Secretary of Environmental Resources (1970); Secretary of General Services (1975); Secretary of Aging (1978); and Secretary of Corrections(1984).

The formation of additional cabinet-level agencies can come as a result of a request from the Governor or through the initiative of the General Assembly. In either case, any proposed additions to the cabinet must be approved by the General Assembly.

The reverse is true also. The elimination of a cabinet- level agency must be approved by the General Assembly, whether the action is proposed by the Governor or the General Assembly.

146. WHAT ARE THE OFFICIAL DUTIES OF THE CABINET?

Cabinet members are the Governor's regular advisors and meet at the Governor's call.

The Administrative Code establishes the departments that the cabinet members head and outlines their powers and duties.

147. WHAT IF THERE IS A TIE VOTE IN ELECTING THE GOVERNOR?

In the unlikely event that a popular vote for Governor ends in a tie, the winner would be chosen by a joint vote of the members of both houses of the General Assembly.

148. ARE THERE ANY RESTRICTIONS ON WHO CAN SERVE AS GOVERNOR OR LIEUTENANT GOVERNOR?

Yes. Under the Constitution, no member of Congress or anyone holding any office under the United States or the Commonwealth of Pennsylvania can serve as Governor or Lieutenant Governor (see Article IV, Section 6).

The Governor and Lieutenant Governor must be citizens of the United States, at least 30 years old, and have lived in the Commonwealth at least seven years preceding his or her election.

149. BEYOND CABINET MEMBERS AND THE BOARD OF PARDONS, CAN THE GOVERNOR MAKE ANY OTHER APPOINTMENTS?

Yes. The Constitution provides for the appointment of a Secretary of Education and such other officers as allowed by law, subject to the consent of a two-thirds majority of the Senate (see Article IV, Section 8).

150. WHO IS THE COMMANDER-IN-CHIEF OF THE COMMONWEALTH'S MILITARY FORCES?

The Governor is commander-in-chief of Pennsylvania's military forces except when they are called into United States service.

151. CAN THE GOVERNOR GRANT PARDONS?

Yes. The Governor has the power to remit fines and forfeitures, grant reprieves, commute sentences, and grant pardons in all criminal cases except impeachment. However, the Governor cannot grant a pardon or commute a sentence without a written recommendation from the majority of the Board of Pardons after a full hearing in open session.

152. WHO ARE THE MEMBERS OF THE BOARD OF PARDONS?

The Board of Pardons is chaired by the Lieutenant Governor and also includes the Attorney General and three members appointed by the Governor with the consent of a two-thirds majority of the Senate.

Of the three appointees, one must be a member of the bar, one a penologist, and one a physician; all must be Pennsylvania residents. They are appointed for a six- year term.

153. CAN THE GOVERNOR FILL VACANCIES IN OFFICES?

Yes. The Constitution gives the Governor power to make appointments to fill vacancies in offices (see Article IV, Section 8).

154. WHAT IS THE PROCEDURE FOR FILLING THESE VACANCIES?

The Governor must make a nomination to the Senate within 90 days of the vacancy. The Senate must act on the nomination within 25 legislative days (days of actual session).

155. WHAT IF THE SENATE IS IN RECESS OR HAS ADJOURNED?

If the Governor makes a nomination to fill a vacancy during a recess or after adjournment, the Senate must act on it within 25 legislative days after returning or reconvening.

If the body fails to act within 25 days, the nominee takes office without consent of the Senate.