Unit One: Who's the Boss?

| Separation of Powers | Executive Branch | Judicial Branch |Legislature |

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The Executive Branch

The executive branch is responsible for implementing and administering the public policy enacted and funded by the legislative branch.

Aside from the governor’s office and the University of Alaska, all offices, divisions, agencies, boards and commissions of state government fall under the supervision of one of 14 major departments: Administration; Commerce, Community and Economic Development; Corrections; Education and Early Development; Environmental Conservation; Fish and Game; Health and Social Services; Labor & Workforce Development; Law; Military & Veterans Affairs; Natural Resources; Public Safety; Revenue; and, Transportation and Public Facilities.

 

Office of the Governor

Frank Murkowski serves as governor of Alaska. The governor is not only the chief executive officer of the State of Alaska but also the commander-in-chief of the state’s armed forces. The functions of the governor are set out in the constitution and in the statutes. The governor must be at least 30 years old, a qualified voter in the state, and a resident of the state and citizen of the United States for at least seven years.

The governor appoints an attorney general to head the Department of Law, an adjutant general to head the Department of Military & Veterans Affairs, and a commissioner to head every other department except Education (whose commissioner is chosen by the state Board of Education and approved by the governor) and Fish and Game (whose commissioner is chosen by the governor from names submitted by the Boards of Fish and Game). All appointments must be confirmed by the Legislature except the commissioner of Education.

The governor is also responsible for appointing judges and justices to the district, superior and supreme courts, as well as non-attorney members to the Judicial Council. He also appoints members for more than 120 regulatory, quasi-judicial or advisory boards, councils and commissions.

The governor may reorganize the executive branch by executive order. The Legislature can overturn such an executive order by a majority vote of both houses in joint session, within the first 60 days of a regular session.

On Dec. 15, the governor must submit a budget for the next fiscal year. The state fiscal year runs from July 1 to June 30 and is referred to by the number of the year in which it concludes – thus, Fiscal Year 2002 ended on June 30, 2002. The budget is merely a starting point for legislative deliberations, however.

The governor may convene the Legislature in a special session, with the matters to be addressed spelled out in the governor’s proclamation. By a two-thirds vote of each house, the Legislature can call itself into special session or extend the regular session by up to 10 consecutive calendar days. An extension of the regular session occurred for the first time in May 2002. But special sessions aren’t that special. Recently, there has been average of at least one a year.

The governor used to have the power to draw new legislative districts following the official report of the U.S. Census every 10 years. A constitutional amendment in 1998 gave this power to a redistricting board consisting of two members appointed by the governor, and one each appointed by the speaker of the House, president of the Senate, and chief justice of the Supreme Court. Because redistricting has the potential to shift legislative power between the two major political parties, the new maps always are challenged in court. Again in 2002, the redistricting board was forced by the courts to revise some of its work.

The governor’s office operates a Washington, D.C., branch office and offices in Anchorage and Fairbanks, as well as the main office in Juneau.

 

Office of Management and Budget

The Office of Management and Budget (OMB) is part of the Office of the Governor and provides budgetary, policy development, management, and auditing services to the governor and state agencies. OMB has three divisions: the Division of Budget Review, the Division of Audit and Management Services, and the Division of Governmental Coordination:

  • The Office of the Director coordinates the work of the three divisions of OMB. The director oversees administrative matters common to the divisions, coordinates budget preparation, and is liaison to the governor.
  • The Division of Budget Review prepares annual capital and operating budget instructions, training materials, guidelines, and budget submission timetables for the executive agencies. The division serves as staff to the governor and chief of staff during the budget review process. It coordinates development of the governor’s budget and general appropriations budget bill, and prepares the final submission for duplication and distribution. The division’s staff reviews and approves proposed changes to agencies’ plans to implement the budget appropriations.
  • The Division of Audit and Management Services performs an independent audit and consultation for executive branch administrators. (This division was largely inactive during the latter years of the Knowles administration.)
  • The Division of Governmental Coordination administers the Alaska Coastal Management Program and also coordinates state participation in federal planning under the Alaska National Interests Lands Conservation Act.

State Commission for Human Rights

Also part of the Office of the Governor, the State Commission for Human Rights conducts investigations, conciliation conferences, and hearings (with powers to subpoena witnesses, and administer oaths, etc.) to preserve the rights of persons aggrieved by discriminatory conduct. The commission may recommend legislative action. It disseminates civil rights information to the public and reports annually to the legislature.

 

Office of the Lieutenant Governor

Loren Leman is the lieutenant governor. The lieutenant governor performs the duties prescribed by law and delegated by the governor, serves as acting governor during the temporary absence of the governor, and succeeds to the office of the governor if the governor dies, resigns, or is disqualified.

Only once has a lieutenant governor succeeded to the office. In 1969, Keith Miller became governor when Walter J. Hickel became President Richard Nixon’s Secretary of the Interior. But no lieutenant governor has gone on to be elected governor. In 2002, Lt. Gov. Fran Ulmer was defeated in the gubernatorial campaign by Frank Murkowski, then a U.S. senator.

Statutory responsibilities of the lieutenant governor include authentication of laws, supplements, and replacement pamphlets for the Alaska Statutes; assuring proper use of the State Seal; presiding over the organization of the first regular session of the Legislature; filing the original and enrolled copies of all acts and resolutions and all executive orders having the effect of law; ordering and supervising incorporation elections; serving as chair of the Alaska Historical Commission; appointing notaries public; and administering the Administrative Procedures Act.

The lieutenant governor administers the state election laws through the Division of Elections. This division is responsible for providing efficient, well-run elections for the citizens of Alaska in accordance with pertinent laws and regulations. Duties include the registration of eligible voters, the updating of voter registration files, and the training of election boards and registrars.

Specific additional duties that Lt. Gov. Leman has been assigned by the governor:

  • State co-chairman, Denali Commission
  • Rural outreach
  • Outreach and coordination of services between the state and faith communities
  • Assistance with liaison with the Legislature

 

University of Alaska

Funding for the 2003 update and web project was provided by the University of Alaska.

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