Re: Acting or not?

["A. Joseph Ross" <lawyer@world.std.com>]

On 1 May 2001,  Richard Chonak wrote:

> Are the newsreaders right who refer to Ms. Swift as the 'acting governor' 
> of Massachusetts rather than as the 'governor'?   

The State Constitution, Chapter II, Section II, Article III, reads as 
follows:

    Whenever the chair of the Governor shall be vacant by reason of his Death, 
    or absence from the Commonwealth, or otherwise, the Lieutenant Governor, 
    for the time being, shall, during such vacancy, perform all the duties 
    incumbent upon the Governor, and shall have and exercise all the powers 
    and authorities which by this Constitution the Governor is vested with, 
    when personally present.

There is no provision for the lieutenant governor to become governor, and 
she does not take the oath of office as governor (as the Vice President 
takes the oath of office as President.).  While the state Website may call 
her governor, official papers refer to her as lieutenant governor, acting 
governor.  In January, when she delivers a "State of the State" address 
before the Legislature, she will be introduced as the leutenant governor, 
acting governor.

In the late 1960s, when Frank Sargent took over on Volpe's resignation, 
the media called him governor, and he generally called himself governor, 
but official documents called him acting governor.  Official gubernatorial 
proclamations, which tend to be posted on bulletin boards in city and town 
halls, said they were "By His Excellency the Acting Governor."  I assume 
the same is being done now.

The media also called Paul Cellucci "acting governor" until he was elected 
governor.  Technically, he was acting governor until he was sworn in as 
governor in January.  I suspect the difference has to do with the fact 
that, after Ray Flynn resigned, Menino became acting mayor under the city 
charter, and the media were more used to the idea than they were in the 
late 60s.  Or perhaps it's because a less exaulted view of government is 
in vogue today than was the case in the 1960s.


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 A. Joseph Ross, J.D.                        617.367.0468
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