Governor Hints at Retaliation for Vote on Lungren

Gov. George Deukmejian, still stung by the Senate’s rejection of Daniel E. Lungren as state treasurer, said Tuesday that he will look “less kindly” on the bills of legislators who voted against his nominee.

The Republican governor also told reporters in Newport Beach that Lungren received the support of “an overwhelming majority of the legislators.” The Senate rejected Lungren by a vote of 19-21, while the Assembly voted 43 to 32 to confirm him.

Deukmejian, who has argued that Lungren should take office by virtue of the Assembly’s affirmative vote, said he has not made up his mind on how he will seek to prove his case in court.

“We’re still considering the different options that are available--the methods that can be followed to accomplish our desired result,” he said. “As soon as I’m ready and everything is in place, then I’ll announce what we’re going to do.”

In Long Beach Tuesday night, Lungren said he expects to decide within the next several days what course of action he would take.

“I’m close to making a decision, and I hope to have some kind of a statement tomorrow,” he said Tuesday before serving as master of ceremonies at a dinner for Long Beach Councilwoman Jan Hall.

Lungren said that over the last several days, he had consulted with attorneys and family members. He said that as a result, he believes more strongly that his legal position--that he should take office, even though he was rejected by the Senate--is correct.

“It strengthened my view that we have the right interpretation,” he said.

Earlier in the day, after addressing a luncheon of the California Agricultural Council in Newport Beach, the governor made it clear that he will now be less inclined to sign legislation carried by those Democrats who voted against confirmation of the conservative Long Beach congressman.

“Its not a case of revenge,” the governor explained. “It’s simply a case that sometimes if there’s a close call (on a bill), you can go either way.

“Naturally, you’re going to look a little more kindly on those authors that have been supportive and a little less kindly toward those that have thrown up unnecessary barriers and obstacles.”

The law is ambiguous on the question of whether Lungren stands confirmed as treasurer after his rejection by the Senate.

Both Atty. Gen John K. Van de Kamp and the Legislature’s attorney, Bion Gregory, have issued opinions saying that defeat by either house would sink the nomination. Deukmejian, without citing any legal opinions, takes the opposite view.

If Deukmejian were to swear Lungren into office--as at one point he said he would do--Lungren would have to give up his congressional seat. Should Deukmejian and Lungren then lose a court challenge on the treasurer nomination, Lungren would have no job at all.

Some Republicans are advocating a scenario in which Deukmejian refuses to let Lungren take office. The would-be treasurer would then file suit against the governor as a way of taking the matter to court and settling the question. At the same time, Lungren would also file for reelection to congressional seat.

Lungren and aides to Deukmejian had said that the governor would announce his course of action by early this week. But Deukmejian indicated Tuesday that he is not close to reaching a decision. Lungren has until March 11 to decide whether to run for a sixth term in Congress.

‘Stay Tuned’

“You’ll just have to stay tuned, for now,” the governor said.

In a brief conversation with reporters, Deukmejian attempted to lay out some of the reasoning behind his contention that approval by the Assembly is sufficient for Lungren to take office.

Although Van de Kamp issued the opinion disagreeing with the governor’s stance, Deukmejian said he agrees with the views of Chief Assistant Atty. Gen. Richard D. Martland, as cited in news stories last August. In those articles, Martland said rejection of a nominee to replace the late Jesse M. Unruh would require negative votes in both houses.

Deukmejian, who joined Lungren at the Long Beach dinner, took advantage of being on their home turf to lash back at Senate President Pro Tem David A. Roberti (D-Los Angeles), who led the opposition to Lungren’s confirmation. The governor joked that he had read Lungren’s horoscope and that it said, “You will soon come into possession of great sums of money.

“And as soon as you get the key to the vault,” the governor added. “I’ll bring David Roberti down there, and we’ll lock the door.”