Some Suggestions for Those New to the California Executive Branch

The following are some suggestions for newcomers interacting with the California executive branch in which I emphasize transparency, early engagement, and clear communication. My practical recommendations for working with executive branch agencies and departments include:

Core Engagement Principles

Always identify your client: When engaging with executive branch agency or department staff, you must immediately and transparently disclose exactly who you are representing.

Engage as early as possible: Do not wait until a regulation or policy is finalized. If you know an agency is working on an initiative or rulemaking file, reach out early to build a rapport and establish your position.

Respect staff expertise: Acknowledge that department staff and career bureaucrats carry deep institutional knowledge. Approaching them as a collaborative partner yields far better results than adversarial pressure.

Navigating the Structure (“The Plural Executive”)

Understand the “Plural Executive” setup: Newcomers must realize that power in California is decentralized. Unlike the federal system, California features nine separate constitutional offices (including the Governor, Lieutenant Governor, Attorney General, and the Board of Equalization) that are independently elected by voters. You may have to work across conflicting political landscapes within the same branch.

Recognize the Governor’s broad scope: While there are nine offices, the Governor holds the ultimate chief executive authority. Newcomers should familiarize themselves with the Governor’s specific powers, which range from line-item vetoes on budget items to direct pardons and commutations.

Rulemaking and Regulations

Learn the Administrative Procedure Act (APA): Executive agencies cannot simply create rules arbitrarily. In my guide A Practical Guide to Drafting California Regulations, I note that agencies must abide by formal rulemaking processes, and their authority must be explicitly or implicitly delegated by a legislative statute.

Avoid legalese: When drafting or proposing adjustments to regulations, I strongly advise using Plain English. Eliminating dense legalese ensures that the regulations are unambiguous and easily interpreted by the civil servants who will enforce them.