BILL NUMBER: ACR 19 CHAPTERED
BILL TEXT
RESOLUTION CHAPTER 104
FILED WITH SECRETARY OF STATE SEPTEMBER 9, 2013
ADOPTED IN SENATE SEPTEMBER 3, 2013
ADOPTED IN ASSEMBLY AUGUST 19, 2013
AMENDED IN ASSEMBLY AUGUST 19, 2013
INTRODUCED BY Assembly Member Pan
(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)
FEBRUARY 19, 2013
Relative to Japanese American state employees.
LEGISLATIVE COUNSEL'S DIGEST
ACR 19, 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.
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.