Wilson’s Parting Shots

It’s customary that an outgoing governor fills any job vacancies before leaving office, often showing particular gratitude to loyal party members who did not fare well in the recent election. Thus Republican Gov. Pete Wilson will make a number of appointments, especially to plum judicial positions, in the five weeks before he leaves office Jan. 4. Once appointed, Superior Court judges will serve at least until the next election.

Wilson will also have one or more positions to fill on the state Courts of Appeal, subject to confirmation by a special judicial commission. But the incoming Democratic administration of Gov.-elect Gray Davis can replace most other appointments made by Wilson at this late date.

This is an old game, and the Democrats played some themselves near the end of the last legislative session by refusing to confirm a number of Wilson appointees on the chance that those positions could then go to Democrats if the election turned their way, which it did.

But there is no acceptable tradition that allows a lame-duck administration to crank out a series of state regulations implementing new policies that would never be embraced by the incoming administration or the state Legislature. It’s worse when it appears that the act is being done quietly, as if no one would notice. And that’s the issue here.

Wilson is leaving a trail of favors for some very supportive segments of his two terms in office. A particularly egregious case involves the cleanup of toxic pollution sites controlled under the state’s superfund law.

The law expires on Dec. 31 because the Legislature failed to agree on its renewal. To prevent a vacuum of authority, Wilson’s state Environmental Protection Agency, using authority under other laws, could have adopted a regulation that continued toxic cleanup rules currently in effect until new ones could be enacted.

Instead, Cal/EPA adopted rules that were considerably different, including provisions that were rejected by the Legislature last year. The measures ease the burden on polluters to clean up their messes. Fortunately, the rules are good for only 120 days and can be rescinded by Davis when he takes office Jan. 4.

Another recent Wilson change reverses state policy that appeared to guarantee workers 12 weeks of maternity disability leave, four weeks before birth and eight weeks afterward. The new rule requires doctors to determine on a case-by-case basis whether the woman is too disabled to perform her job.

Still another new rule narrows buffer zones established to protect workers and others during the agricultural application of methyl bromide, a pesticide so potent that Congress has voted to ban it in several years. State officials said the new buffers were based on scientific studies, but it’s clear the rule was designed to please the big agriculture supporters of the outgoing administration.

Wilson is said to be eager to leave office with a shiny image of his governorship. These recent acts considerably tarnish that legacy.