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Q: Can the California Governor decrease their own salary by executive order despite the commission's authority?
Under the California constitution, the California Citizens Compensation Commission sets the salaries of elected officials annually, with its members appointed to six-year terms by the Governor. I am curious if the Governor could legally issue an executive order to decrease their own salary for their term, overriding the commission's authority. There would be no additional costs to the state, nor any impact on other officials' salaries. Would this action be permissible under California law?
A:
This is an interesting constitutional question, and the short answer is that it would be legally complicated and likely impermissible under California's current framework. The California Citizens Compensation Commission was established specifically to remove salary-setting authority from elected officials themselves, precisely to avoid self-dealing in either direction, and that structure is embedded in the California Constitution through Proposition 112.
Because the commission's authority over elected officials' salaries is constitutionally grounded, a Governor cannot simply override it by executive order, even to reduce their own pay. Executive orders generally have the force of law only within the bounds set by the constitution and statutes, and an order conflicting with a constitutional mandate would be subject to legal challenge. Courts have historically been skeptical of actions that circumvent constitutional salary-setting processes, even when the intent seems selfless.
That said, a Governor who genuinely wanted to take less pay could potentially waive or decline a portion of the salary voluntarily through other means, such as donating it, without issuing a formal order that purports to override the commission. If you are researching this as a policy question, it is worth noting that the cleaner path to allowing such flexibility would be a constitutional amendment or statutory change clarifying that officials may voluntarily accept less than the commission-set amount. As it stands, a unilateral executive order reducing the Governor's own salary against the commission's determination would face serious constitutional hurdles.
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