The National Governors Association recently hosted a briefing on legal considerations related to gubernatorial transition planning. The discussion explored the unique role Governors’ legal counsel play in supporting an orderly transition of executive authority while preserving continuity of government and executive operations.
The briefing examined legal considerations that arise throughout the lifecycle of a gubernatorial transition—from planning well in advance of an election to concluding an administration and assisting an incoming Governor’s team. Topics included documenting institutional knowledge, preparing transition briefing materials, coordinating with state agencies, records and information governance, continuity planning, pending litigation, executive clemency, emergency management, and final executive actions. The discussion also highlighted the importance of preserving legal and operational continuity while ensuring that ongoing obligations, executive authorities, and critical governmental functions continue without interruption.
The briefing further explored approaches to preparing transition materials for incoming legal counsel, including documenting office processes, key legal authorities, executive actions, major legal issues, agency coordination, and other institutional knowledge that can help facilitate an orderly transition. Additional discussion focused on considerations unique to outgoing legal counsel, including records retention and archival requirements, continuing legal obligations, emergency preparedness, and planning for the orderly conclusion of an administration.
Although transition practices vary across states, the briefing highlighted a number of common themes:
- Transition planning is most effective when it begins early and continues throughout an administration;
- Institutional knowledge and office processes are easier to preserve when documented over time rather than at the conclusion of a term; and
- Thoughtful planning can help support continuity of executive operations and ensure the Governor’s office is prepared to respond to legal, operational, and emergency issues from the first day of a new administration.
This call is the first installment in NGA’s three-part virtual series for Governors’ legal counsel on governing during an election year and preparing for gubernatorial transition. The series will examine the legal, professional, and operational considerations that accompany election-year governance, with a focus on ensuring continuity of government, managing transition-related responsibilities, and preparing effectively for the conclusion of an administration and the transition ahead.
NGA holds monthly briefings for Governors’ legal counsel. Please reach out to Lauren Dedon (Ldedon@nga.org) for additional information.
