BILL ANALYSIS Ó
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THIRD READING
Bill No: ACR 19
Author: Pan (D), et al.
Amended: 8/19/13 in Assembly
Vote: 21
ASSEMBLY FLOOR : Read and adopted, 8/19/13
SUBJECT : Japanese American: discrimination: apology
SOURCE : Japanese American Citizens League
DIGEST : This resolution issues an official public apology to
Americans of Japanese ancestry who were dismissed from their
state civil service positions in 1942 as a result of Senate
Concurrent Resolution 15 of 1942.
ANALYSIS :
Existing law:
1.Permits the State Personnel Board (SPB) to take adverse
action, defined as dismissal, demotion, suspension, or other
disciplinary action, to be taken against any civil service
employee for specified causes of discipline.
2.Enumerates causes for discipline of a civil service employee,
including but not limited to, incompetency, inefficiency,
inexcusable neglect of duty, insubordination, dishonesty, and
unlawful discrimination, as specified, against the public or
other employees while acting in the capacity of a state
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employee.
3.Pursuant to the Fair Employment and Housing Act, prohibits
discrimination in employment on the basis of race, religious
creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, sex,
age, or sexual orientation.
This resolution:
1.Makes a number of Legislative findings, including but not
limited to the following:
A. States that on January 19, 1942, the California State
Legislature adopted SCR 15, authored by Senator John Swan,
which authorized SPB to "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."
B. States that 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."
C. States that on February 27, 1942, the California Board
of Equalization dismissed all employees of Japanese
ancestry; and over the following weeks, every employee of
Japanese ancestry- totaling over 300 individuals- was
terminated from state employment.
D. Finds that while AB 2710 (Johnson, Statutes of 1982)
provided $5,000 as symbolic compensation for the unfair
dismissal of Japanese American employees during World War
II, it did not provide an apology for the unjust actions of
the State of California, the California State Legislature,
or the California State Personnel Board.
1.Resolves by the Assembly of the State of California, the
Senate thereof concurring, that the State of California made a
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grievous mistake that injured loyal employees who were
dedicated to serving the people of California; and
2.Resolves that the Legislature issue a public apology to the
state civil service employees who were dismissed as a result
of SCR 15.
Background
This resolution, sponsored by the Japanese American Citizens
League (JACL), seeks to acknowledge that the State of California
was wrong when it dismissed over 300 loyal employees who were
Americans of Japanese ancestry in 1942, and resolves to issue a
public apology to those civil service employees who were
unjustly dismissed. According to the author, "Those affected
have been living with this injustice for decades and have never
received an official apology from the State of California.
While an apology doesn't make up for the discrimination, it is
important in the healing process."
Background on passage of SCR 15 (1942), which resulted in the
dismissal of Japanese-American state civil service employees .
According to information provided by the author, sponsor, and as
reflected in the text of this measure, an official public
apology is warranted for the unjust actions taken by the State
in California against over 300 American citizens of Japanese
ancestry who were dismissed from their state civil service jobs
in 1942. On January 19 of that year, the California State
Legislature adopted SCR 15 authored by Senator John Swan, which
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."
On January 27, 1942, a SPB 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
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tending to show disloyalty." Nevertheless, on January 30, the
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. According to the
author, Japanese Americans were the sole focus of these
investigations, as evidenced by the fact that the board prepared
lists of identified employees that contained only Japanese
surnames and no other group of employees was investigated. On
February 5, 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.
On February 7, 1942, Earl Warren, then-State Attorney General,
wrote, "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."
According to the author, on February 27, 1942, the Board of
Equalization dismissed all employees of Japanese ancestry, and
according to the author, every employee of Japanese ancestry was
terminated from state employment- a total of over 300 employees
with Japanese surnames. The author states that all of the
employees were dismissed on the same charges without regard to
individual job performance, and as a result, many charges were
not applicable to individual employees.
According to the SPB, there were 265 state employees of Japanese
ancestry (a slightly smaller number) who were dismissed as a
result of the SPB's actions, 88 of whom appealed the dismissal.
On September 4, 1946, a hearing was held before the referee of
the State Personnel Board regarding the charges. The Attorney
General's office indicated at the hearing that nothing had been
disclosed to substantiate the charges in any way, and the state
could not produce any proof, so the case was submitted as to the
charges without any evidence. On September 28, 1946, the board
found for the employees, but they were sent telegrams indicating
that they needed to report to work within 10 days if they wanted
to be reinstated to their jobs. Unfortunately, according to the
author, it was not possible for employees, who were scattered
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across the country as a result of forced internment by the
federal government, to return within the 10-day window, and only
a handful of employees were re-employed. In addition, they were
not compensated by the state or federal government for their
wage losses suffered over the four and a half years they were
denied their jobs.
Background on SPB Resolutions in 1942 and in 2013 . As described
above, the Legislature approved SCR 15 in January 1942, which
within the month led the State Personnel Board to initiate
investigations into the citizenship and loyalty of all current
and prospective state employees of Japanese ancestry. Subsequent
to the initiation of those investigations, on February 19, 1942,
President Franklin Roosevelt issued Executive Order 9066
authorizing the internment of Japanese-American citizens at
various camps for the duration of the war.
In response to Executive Order 9066, the SPB adopted a
resolution suspending all state civil service employees of
Japanese ancestry, ultimately leading to their resignation or
dismissal. This resolution stated, among other things:
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 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.
On January 10, 2013, the SPB issued a new resolution recognizing
the unjust displacement of thousands of Japanese Americans from
their homes, work, and community, and seeking to express the
Board's sincere regret for the events surrounding the internment
of Japanese American citizens and displacement of Japanese
American civil servants during WWII. This resolution also
offered the Board's sincere apology for the displacement of
those Japanese-American individuals affected by the SPB's 1942
resolutions, which it notes were issued in response to both
federal and state mandates at the time.
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Prior Legislation
In 1982, the Legislature approved and the Governor signed AB
2710 (Johnson), which provided $5,000 as symbolic compensation
for each Japanese American employee unjustly dismissed from
civil service employment during the events of 1942. As the
author notes, AB 2710 did not, however, provide an apology for
the unjust actions of the State of California, the California
State Legislature or the California State Personnel Board, as
this measure is intended to accomplish.
FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 8/29/13)
Japanese American Citizens League (source)
JL:nl 8/29/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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