In our system of checks and balances, the Legislature’s power to enact policy includes the power to safeguard the well-being of Californians by monitoring compliance with previously adopted laws. In this way, a Session’s legacy is made not just by the enactment of new laws but also by its efficacy in holding the Executive Branch accountable for how it administers current law, including its attentiveness to ensuring that all others subject to current law meet its dictates.
Such oversight efforts play the vital role of upholding the rule of law as the foundation for California society and commerce. In a unique way, oversight inquiries enable Members of the Assembly to fulfill the body’s pledge, emblazoned in Latin above the Assembly Dais – Legislatorum Est Justas Leges Condere – “It is the duty of the Legislature to make just laws.”
Oversight efforts help ensure that the accumulated body of California law, of which the Executive Branch is bound to be both steward and servant, remains apt to its intended purpose and administered fairly and in accord with its intent, to the benefit of California.
Oversight’s key premise is that it can be far more impactful than merely passing new laws. In particular, through focused inquiry and follow-up, an agency’s priorities can, in time, be realigned to be more accommodating to the Legislature’s view of intended priorities.
Policy committee oversight efforts are fact-based examinations of the conduct and work of an entity or system of entities with a view to determining facts about the current activities and operations of the organization. The committee focuses on those areas of state government administration or program responsibility within the committee’s subject matter jurisdiction. In this way, a thoughtful Chair and their committee colleagues can open their committee’s entire jurisdiction to inquiries not tied to the timing, process, and germaneness limits of the bill cycle.
Committee Chairs have the option to use oversight hearings to get a close look at state agencies subject to the panel’s policy oversight. These hearings can inform the committee of each unit’s organization, programs, available resources, administrative priorities, challenges and recent accomplishments. Beyond the information value of such a hearing, it begins to establish the concept that the Executive Branch’s duty of program administration carries with it the prospect of periodic briefings and updates to the appropriate legislative policy committee with jurisdiction over the subject matter of current programs. Then, as more law or program-specific oversight hearings are conducted, the principle has been established that the relevant agencies should expect to be present and a part of the Assembly’s review process.
Within this co-equal branch of government oversight framework, a subject is researched and examined and the resulting facts are used to evaluate whether, for the effort and resources being expended, appropriate results are being obtained, and if changes or improvements can be made to achieve better, more needed, or different high-value outcomes.
As important as oversight is, our system of governance relies upon the power of enacting new laws as an important check and safeguard within government and for the public. The emphasis upon oversight supports the value and propriety of sound, well-crafted, timely change and evolution in California law. Times do change. Markets evolve. New behaviors emerge and technological advances reframe our understanding of the tools and resources available to address particular problems. For this reason, a fit topic for oversight will frequently be how an emergent issue fits with an existing facet of state government and how a “hole” in the law, or a straitjacket imposed by current law, must give way to a new solution.
The ultimate purpose of oversight is enhanced governance that is responsive to the need of Californians. Given this fact, California’s State Assembly recognizes that under the leadership of Committee Chairs and Vice Chairs, and professional subject matter staff, inquiries which are structured to enhance our understanding of the challenges facing contemporary governance, so as to permit the fashioning of innovations that are responsive to those challenges, are fit topics for oversight whether the focus is on a current law, or a new one.
Oversight in the California State Assembly gives committees a means to touch Californians by holding agencies & others accountable to the laws already in place.
More accountable California governance is the result.