Amended in Assembly August 19, 2013

California Legislature—2013–14 Regular Session

Assembly Concurrent Resolution No. 19

Introduced by Assembly Member Pan

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(Coauthors: Assembly Members Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dahle, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Patterson, John A. Pérez, Quirk, Rendon, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, and Yamada)

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February 19, 2013

Assembly Concurrent Resolution No. 19—Relative to Japanese American state employees.

LEGISLATIVE COUNSEL’S DIGEST

ACR 19, as amended, Pan. Japanese American: discrimination: apology.

This measure would acknowledge that the State of California made a grievous mistake that injured loyal employees who were dedicated to serving the people of California when it dismissed over 300 Americans of Japanese ancestry as a result of Senate Concurrent Resolution 15 (SCR 15) of 1942 by Senator John Swan. This measure would resolve to issue a public apology to the state civil service employees who were dismissed.

Fiscal committee: no.

WHEREAS, In early 1942, over 300 Americans of Japanese
ancestry, all of whom met the state civil service requirement of
American citizenship, were employed by the State of California;
and

WHEREAS, On January 19, 1942, the California State
Legislature adopted Senate Concurrent Resolution 15 (SCR 15)
authored by Senator John Swan; and

WHEREAS, SCR 15 authorized the State Personnel Board to
“take every proper means to prevent anyone securing a position
on the eligible list of the state civil service or from being certified
to a civil service position in the state service who is not loyal to
the United States and to further make such rules as may be
necessary to provide for the dismissal from the service of such
persons as may be proved to be disloyal to the United States of
America in this present war”; and

WHEREAS, On January 27, 1942, a State Personnel Board staff
analysis opined that the board could do little in response to SCR
15, and that no blanket discharge of employees on the ground of
dual citizenship, or nationality of parents was possible. The board
was aware it would not be justified in ordering dismissal of an
individual without “evidence of acts, statements, or courses of
conduct tending to show disloyalty”; and

WHEREAS, On January 30, 1942, the State Personnel Board
commenced an investigation into the loyalty of persons applying
to take an exam, on eligibility lists for state jobs, and employed
by the State of California; and

WHEREAS, Japanese Americans were the focus of
investigations by the State Personnel Board, and the board prepared
lists of identified employees that contained only Japanese
surnames; and

WHEREAS, No other group of employees was investigated;
and

WHEREAS, On February 5, 1942, Mike Masaoka, National
Secretary for the Japanese American Citizens League, appeared
before the State Personnel Board and was assured that there would
be no summary or arbitrary dismissals; and

WHEREAS, Earl Warren, Attorney General for the State of
California, wrote on February 7, 1942, “It is my conclusion that
said order [SCR 15], discriminating as it does against naturalized
citizens and against American born citizens of the first generation,
violates the civil liberties of citizens as guaranteed by the
Constitution of the United States and of this State and is in conflict
with our Civil Service Act”; and

WHEREAS, On February 27, 1942, the California Board of
Equalization dismissed all employees of Japanese ancestry; and

WHEREAS, Over the following weeks, every employee of
Japanese ancestry was terminated from state employment; and

WHEREAS, The State Personnel Board adopted a resolution
that read:

 
“Whereas, a state of war does exist between the United States
of America and the Axis Powers, Germany, Italy, Japan, and
others; and

 
Whereas, certain employees of the State Personnel Board
are of Japanese ancestry and the morale among other
employees of said Board has been adversely affected by their
being required to be associated in their work with these
employees of Japanese ancestry, and

 
Whereas, there is a general lack of confidence on the part
of the public and State employees in the loyalty of many of
said employees of Japanese ancestry, and

 
Whereas, this Board is convinced that the welfare of the
United States of America, and a successful conclusion of the
war can best be achieved by safeguarding the public and its
property from any possible espionage or fifth column activities
such as were employed in the attack on Pearl Harbor, and
participation in such activities can be prevented by separating
those persons of Japanese ancestry now employed by this
Board by separating them from State service,

 
Now, therefore be it resolved, that the following named
employees ... are hereby immediately suspended, and

 
Be it further resolved that the Secretary be and he is hereby
ordered to prepare charges against said persons pursuant to
the law.”

WHEREAS, Over 314 employees with Japanese surnames were
terminated; and

WHEREAS, Seasonal and probationary employees did not have
a right of appeal, and only permanent employees could file an
appeal of the dismissal; and

WHEREAS, Sixty-three employees were able to file an appeal,
and these employees retained James C. Purcell and William E.
Ferriter to represent their case against the State Personnel Board;
and

WHEREAS, All employees were dismissed on the same charges
without regard to individual job performance, and as a result, many
charges were not applicable to individuals employees; and

WHEREAS, Charges A to G, inclusive, against employees
included allegations that employees were citizens of the Empire
of Japan and subjects of the Emperor of Japan, employees could
read and write Japanese and subscribed to Japanese newspapers,
employees attended Japanese schools that taught the Japanese
language, employees were members of Japanese organizations,
employees reduced the morale and efficiency of public service
employees, employees has failed to report that they had attended
Japanese schools, and military zones restricted the movement of
employees and prohibited employees from properly performing
their duties as state employees; and

WHEREAS, On May 27, 1942, the State Personnel Board filed
Supplemental Charges H and I that stated that employees were
confined by the federal government and could not carry out their
duties, and alleged that the employees were dual citizens of Japan;
and

WHEREAS, In response to the supplemental charges, James C.
Purcell filed a case on behalf of Mitsuye Endo, a California state
employee, before the Circuit Court of Appeals, petitioning for her
release from federal confinement; and

WHEREAS, In response to the possibility that the constitutional
rights of employees could be raised, the Secretary to the State
Personnel Board suggested that the board exercise its “police
power” to protect the public order, safety, health, morals and
welfare from Japanese persons; and

WHEREAS, On December 18, 1944, the United States Supreme
Court decided in favor of Mitsuye Endo, and state employees
continued their appeal to regain their jobs; and

WHEREAS, On September 4, 1946, a hearing was held before
the referee of the State Personnel Board regarding the charges;
and

WHEREAS, The Attorney General’s office indicated at the
hearing that the employees had been the most thoroughly
investigated people in the history of this country, and that nothing
had been disclosed to substantiate the charges in any way; and

WHEREAS, The state could not produce any proof, and the
case was submitted as to the charges without any evidence; and

WHEREAS, On September 28, 1946, employees were sent
telegrams indicating that they had only 10 days to report to work
and be reinstated to their jobs; and

WHEREAS, It was not possible for employees, who were
scattered across the country as a result of their federal confinement,
to return within the 10-day window, and only a handful of
employees were re-employed; and

WHEREAS, In August 1947, the State Personnel Board provided
backpay only for the period between the date of suspension and
the date of the employees confinement by the federal government;
and

WHEREAS, Employees were not compensated by the state or
federal government for their wage losses suffered over the four
and one-half years that they were denied their jobs; and

WHEREAS, Assembly Bill 2710 authored by Assembly Member
Patrick Johnson was signed into law on August 17, 1982, by
Governor Jerry Brown; and

WHEREAS, Assembly Bill 2710 provided $5,000 as symbolic
compensation for the unfair dismissal of Japanese American
employees during World War II; and

WHEREAS, Assembly Bill 2710 did not provide an apology
for the unjust actions of the State of California, the California State
Legislature, or the California State Personnel Board; now,
therefore, be it

Resolved by the Assembly of the State of California, the Senate
thereof concurring, That the State of California made a grievous
mistake that injured loyal employees who were dedicated to serving
the people of California; and be it further

Resolved, That the Legislature issue a public apology to the state
civil service employees who were dismissed as a result of SCR
15; and be it further

Resolved, That the Chief Clerk of the Assembly transmit copies
of this resolution to the author for appropriate distribution.