Posts Tagged ‘constitutional convention’



Mr. Speaker John Perez: All Cattle, No Hat

Monday, January 4th, 2010

perezbrownAs the Legislature returns this week, John Perez is poised to become the new Speaker of the Assembly, assuming the office with  ambitious reform notions –- and few of the institutional political tools needed to achieve them.

If Willie Brown was the Assembly’s Ayatollah, Perez is inheriting a speakership whose powers more closely resemble those invested in the  King of the Belgians. Despite the steep decline in influence of what once was the second most powerful office in California, Perez said in an interview that as Speaker he intends to tackle a host of reforms, from revamping the tax code (including a re-examination of Proposition 13) to seeking an escape from the straight jacket of term limits (and an out-of-control  initiative system).

“This is not a small task,” Perez told Calbuzz. “The challenges are monumental. If we fail to engage fully, the problems will only be pushed onto future generations.”

Brown wielded extraordinary power during his generation-long speakership, the last undiluted by the impact of term limits. More transactional than transformative, however, Brown’s actions most often focused on doing deals, refereeing economic battles between big special interests and reaping massive amounts of campaign cash on behalf of Democrats in the bargain. By contrast, Perez now seeks to accomplish big, substantive policy changes, at a time when the Speaker’s power to reward, punish and instill fear has been sapped since Brown left town in 1996.

In an interview a few days before New Year’s, Perez said that although the intractable budget fight will necessarily be his top priority, he intends to take on and “struggle with these big structural issues.”

gordian knotRefusing to take a position on major reform initiatives already being pushed by California Forward and the Bay Area Council, Perez suggested state lawmakers should pursue their own efforts to cut the Gordian knot of dead-end, deadlock politics that has dominated the Capitol in the post-Brown era: “The Legislature never intended to abdicate its responsibility” on such issues, he said.

“The most fundamental difference (between now and Brown’s tenure) is that there’s no ability for people to work with each other over time,” he added, acknowledging the difficulty of achieving political success amid the Capitol’s gridlock and every-member-for-him/herself environment. He insisted – despite the massive weight of evidence to the contrary – that he can “find Republicans who want to do what’s in the best interest of the state, not drive it off the cliff.”

A former union organizer from L.A., the 40-year old Perez as Speaker will become the highest-ranking, out-of-the-closet gay person in California history. As he completed his first Assembly term in December, he prevailed in a very public Democratic political brawl, overcoming a challenge from fellow Latino Assemblyman Kevin DeLeon, after Speaker Karen Bass abdicated amid constant rumors of an impending coup.

vasco

Mindful of lingering political sensitivities and the need to mend fences, Perez nervously objected when Calbuzz addressed him as “Mr. Speaker-elect” – “I’m not Speaker-elect yet” – a small but endearing display of modesty and humility that bodes well for his ability to massage the outsize egos of his constituency of 80 members. Perez strikes us as very intelligent if overly earnest, as he melds policy speak with New Age psychobabble that made us wonder if the disembodied aura of John Vasconcellos was lurking around the next corner of the Capitol.

“My job is to create a space where it’s safe for members to do their jobs and have an honest discussion of the impact” of policy decisions, he said. “The majority of members of both parties really care.”

Here’s a look at what he said on key issues:

Taxes: Perez bashed the Parsky Commission for coming up with a “political proposal” that would tilt California’s tax structure to favor rich people, instead of developing a “policy driven discussion” that presented a set of well-crafted options to put before elected decision makers. He said the Legislature should pursue its own rewrite of the tax code, a process in which “everything is on the table” – including Prop. 13.

Term limits: Perez pointed to term limits as the most fundamental factor underlying the dysfunction of Sacramento. With at least one initiative on term limits headed for the ballot, he said the current system encourages lawmakers to make policy choices without regard to their future impact and should be “eliminated any way we can do that.”

Reform proposals: Perez ducked questions about his views on both the constitutional convention initiative package backed by the Bay Area Council, and Cal Forward’s more incremental reform initiative. “Both are well-intentioned,” he said, “both need more public hearing and discussion.”

Working with Republicans: Perez called the temporary budget fix passed last June a “tremendous display of bipartisanship.” While favoring the repeal of the two-thirds budget vote requirement, he insisted “a large number” of GOP Assembly members are “not ideologues (and) really care about having an honest discussion of the impact” of budget cuts.

gay_marriage_210Gay marriage: The state’s first gay Speaker said that while public opinion is steadily if slowly shifting in favor of same sex marriage, an effort to pass a new initiative in 2010, just two years after the Prop. 8 ban on it, would be a serious tactical error, would likely lose and set back the cause for years.

Calbuzz Bottom Line: Like Senate leader Darrell Steinberg, Perez appears to be a very sharp guy. As with Steinberg, the key question will be whether he has the requisite ruthlessness and resourcefulness to make real change from a position of institutional weakness. In any case, we applaud him for trying and wish him all the luck in the world. He’ll need it.

13: What Reform Plans Would & Wouldn’t Do

Tuesday, December 8th, 2009

JarvisFinal-200Our three-day series of guest op-eds about major proposals for political reform last week here, here and here, generated a wave of thoughtful Calbuzzer comments, many focused on Prop. 13.

Several progressives expressed concern that neither the set of initiatives put forth by California Forward, nor the constitutional convention package sponsored by Repair California, would amend the Prop. 13 framework on taxation in a way that would allow dramatic political change.

The issue was raised most directly by Calbuzzer “David” who wrote:

The heart of the state’s dysfunction is the ability of simple majorities of voters to impose supermajority requirements in perpetuity. For instance, Prop 13’s 2/3 requirement on taxes was itself imposed by less than a 2/3 majority. Any “constitutional reform” which leaves this atrocity in place is not a true reform, but simply rearranging the deck chairs on the Titanic. Since the current con-con proposals explicitly prohibit changing the 2/3 rule, they are yet another waste of time for a state that is rapidly running out of it.

Amid considerable debate and discussion on the site, however, a key difference emerged between the two sets of reforms:

The ballot measures submitted by California Forward would specifically  prohibit changing the Prop. 13 requirement for a two-thirds vote needed to raise taxes, either in the Legislature or locally. But the convention agenda outlined in the Repair California initiative expressly would allow delegates to study and, if they saw fit, to propose to voters a reduction of the supermajority requirement.

Alert Calbuzzer Adrian Covert was the first to call attention to this little-calbuzzernoticed element of the convention initiatives. Covert, who blogs over at pacificvs.com wrote:

The Constitutional Convention proposals…specifically put all vote thresholds on the table. By voting in favor of a convention, voters will in-fact be giving convention delegates a clear mandate to do so.

The guy’s right on a very important point.

The concon package includes two proposed initiatives; the first seeks voter authorization to convene a convention, while the second broadly defines the issues to be considered by the delegates. In the second initiative, Section 83130 (a) (3) states that the convention is authorized to address:

Spending and Budgeting, including the budget process and related requirements, the term and balancing of a budget, voting thresholds, mandated spending and ways to increase fiscal accountability and efficiency.

In other words, the convention could, if it so chose, propose an amendment to alter the two-thirds rules on raising taxes. This reading of the measure was confirmed for us by Clint Reilly, who’s running the Repair California campaign. The group is a political spin-off of the Bay Area Council, whose CEO, Jim Wunderman, got the convention idea started.

To be clear, this is the only element of Prop. 13 that would be in play in either reform package. The convention specifically cannot deal with the Prop. 13 system for determining property taxes:

Section 83130 (b) The convention may also propose to change any statutory provision directly related to the proposed constitutional revision or amendment. The revision, any amendment, or any related statutory provision proposed by the convention may not include new language, or alter existing language, that (1) directly imposes or reduces any taxes or fees; (2) sets the frequency at which real property is assessed or re-assessed; or (3) defines “change in ownership” as it relates to any tax or fee . . .

con_conWhen we first read this, it seemed to us that it left room to allow convention delegates to propose amending Prop 13 to put in place a split roll system, which would assess commercial property at a different (higher) rate than residential.

We thought the language on this was unclear so we interviewed Steve Miller of Hanson Bridgett who drafted the section. He told us it was worded to keep the convention from taking up the split roll.  So that’s the word from the horse’s mouth.

Bottom line: As written, neither of the major reform packages aimed at the 2010 ballot leave much room for changing Prop. 13, but the constitutional convention leaves the door open for one major amendment that could have widespread political impact.

Con Con Pros: Citizens Should Propose Reforms

Tuesday, December 1st, 2009

wunderman2By Jim Wunderman
Special to Calbuzz

California’s state government is broken. This dysfunction has left our state unable to deal with the serious issues of our time.

This hurts our state, it hurts our economy and it hurts Calbuzz readers. California’s dysfunction has made us a laughing stock, but it’s not funny, it’s tragic. Californians are frustrated – they should be – and they want something done.

At least two groups have put together serious, well-recognized efforts at reform: California Forward and Repair California. Backed by an original $15 million investment, California Forward has gathered some of the top leaders in our state, plus experts who know the system from the inside.  They came up with a high-priority list of reforms and whittled them down with a “politics of the possible” filter.  California Forward has produced a reform package with many items Repair California, and my organization, the Bay Area Council, might support.

Some have asked if California Forward succeeds, does California still need a constitutional convention?  The answer is an emphatic, “Yes!”

con_conThe source of our woes are deep, including:  an out of control budget process; the broken balance of power between the state and local governments; our election process; our initiative process; term limits; too many overlapping jurisdictions; a lack of sun setting or review on new government units; too much centralized power; unfunded mandates; and poorly constructed executive and legislative branches.

These problems require a big fix, as soon as possible.

The way to do that is with a constitutional convention to examine our governance system in total, and propose a holistic, systemic fix. State constitutional conventions have been successfully called more than 230 times in the United States. It is time to call one in California.

Repair California has turned in ballot language to call the first California convention in more than 130 years.  The measures would call a limited convention to reform four areas of the constitution:

– The budget process;

– The election and initiative process;

– Restoring the balance of power between the state and local governments; and,

– Creating new systems to improve government effectiveness.

Who will be in the room?  That is the critical question and the makeup of this convention is why this effort will succeed where other California reform efforts have failed.

Today, due to deep cynicism, “who” is proposing the reform matters as much as the reform itself.  Voters have made clear they no longer trust “experts” or politicians, they only trust themselves. Due to the drawing of everyday Californians as part of the delegation, this convention will be a celebration of our democracy and our state’s incredible diversity.  John Adams said of gatherings like conventions that they “should be in miniature an exact portrait of the people at large.  It should think, feel, reason, and act like them.”  The convention proposed for the November 2010 ballot will produce just such a group.

How do everyday citizens make good decisions on reform?  Repair California believes you need established experts there as well.  Therefore, a smaller additional group of delegate seats will be divided by population among California’s counties. In each county, a committee of five local government leaders will review applications at public meetings and pick their county’s expert delegates.

This innovative approach mixes the values of everyday Californians with experts chosen by the elected leaders closest to the people.  It also ensures that the convention’s reforms are vetted by a pool of people just like the voters who will eventually decide on the product of the convention.  The “proposers” will be the people.

The United States of America was founded on a unique vision of self-government that became an inspiration to the world.  The founders and the framers believed, as Thomas Jefferson said, “Every man, and every body of men on earth, possesses the right of self-government… I am not among those who fear the people.”  Over a half century later, President Abraham Lincoln renewed the spirit of 1776 when he declared that America was a place “of the people, by the people and for the people.”

Today, California democracy is a bizarre shadow of the founders’ original vision.  Sacramento has been gathering cobwebs for some time, undermined by special interests, raw partisanship, and citizen disenchantment.  In order to once again become a living expression of the founders’ inspiration, California desperately needs a democratic renewal.

While perfect is not possible in any endeavor, this innovative convention was shaped by the state’s best thinkers and thousands of other Californians to reflect the political, geographic and cultural diversity of this huge state.  It is geared to succeed at the ballot.  California needs fundamental change, and no other reform proposal offers this good of a deal.  Not even close.  It is time to let the people speak.  Call the convention.

Jim Wunderman is the President and CEO of the Bay Area Council and a member of Repair California at www.repaircalifornia.com.

Con Con & Cal Forward: Form vs. Substance

Monday, November 30th, 2009

fred keeley_0102By Fred Keeley
Special to Calbuzz

If not the most devalued word in the English language, “reform” must be in the top 10.

From our governor, to individual and creative mixings and matchings of legislators from both houses and parties, through the news and editorial pages of the last remaining daily newspapers published in California, to a wide assortment of good-doing non-profits and foundations, the Age of Reason (followed by the Era of Irony) seems to have given way to the Time of Reform.

The call for “reform” is even coursing through that “series of tubes,” as Alaska’s former Sen. Theodore “Ted” Stevens once so eloquently labeled the Internet.

Reform health care, the financial system, public education, U.S. foreign policy, (enter your first, second, or third personal favorite here) policy.  And especially that mess we still refer to as the governance of California.

Given that I have not had an original thought in my life, and given the vast amount that has been said and written about the challenges of California’s governance by folks way smarter than me, I will simply stipulate that whatever anyone has to say about what is broken, I agree.

That, of course is where agreement ends and the debate about reform begins. And, since Calbuzz is giving me the opportunity to fulminate about my personal favorites, here goes.

Perhaps I have just been around former Speaker Robert Miles Hertzberg too much, but my initial impulse here is to try to quantify that which cannot be measured.

Two months into that unpleasantness remembered as the energy crisis, then-Speaker Hertzberg said to his leadership team: “If there are going to be 100 units of pain visited on the people of California because of this crisis, and we do everything right and reduce that by 40 units; nonetheless, we will always be remembered as the legislature than visited 60 units of pain on the people.”  (Yes, he actually uses words like nonetheless in conversation.)

If there are 100 units of broken governance, then I’ll charge 35 of those to the people we elect to serve in the Legislature and in state constitutional offices, especially the governor.  The other 65 units are the broken pieces of governance we can call the wiring instructions for contemporary California democracy.

If the problem was really about who we elect, then certainly either Gray Davis or Arnold Schwarzenegger would have to have been placed in our history’s “successful” category.

Davis would be high on your list if your belief system tells you that to succeed in California’s complex and expensive executive branch, we need a person with significant public-sector executive experience.

Alternatively, you’d run Schwarzenegger’s flag up your pole if your belief system says that we really need a strong, independent, self-made type to run a tight, lean, efficient service delivery system.

Sadly, despite all of their varied talents, and their hopes and aspirations for themselves and all of us, the best we will probably be able to honestly say about them is that they meant well.

Sure, Gray moved the dial on ocean protection and a few other important topics.  And, fantastically, Arnold’s lasting legacy will be the great degree to which he moved the dial on global climate change policy.

model-tThe problem is less who we send into the machinery of Sacramento, than the tools we lend to the governor and 120 legislators following their election. We have a broken 2009 Chevy and our mechanic has tools to fix Henry Ford’s Model T.

It doesn’t matter how smart, sincere or dedicated these electeds are: if they only have governing tools from the 19th and mid-20th centuries, they will fail. So if we want to be able to hold our elected leaders accountable, we have to make sure they have the tools to do the job.

There are all kinds of ideas about reform in the public arena.  Two of the most visible at the moment are California’s Forward’s initiatives on state budget process and local government revenue protection, and the Bay Area Council’s proposal for a constitutional convention.  (Full disclosure: I am a founding and still-serving member of California Forward’s “Leadership Council,” which should more modestly be called a board of directors, because that’s what it is.)

hertzmckern

The co-chairs of California Forward are the aforementioned Bob Hertzberg, and Tom McKernan, leader of the Southern California Automobile Association. They have worked in good faith with all manner of powerful men and women, at a sustained high velocity, informed by constant and very real community outreach and civic literacy strategies, to produce two essential reforms of California’s existing, out-dated, poorly performing, chronically late and unsatisfying budget process.

California Forward’s product is that which survived a gauntlet-running which did not, mercifully, sand off every hard edge.  While any reform effort that hopes to have a shot at electoral victory must work with everyone, the final product must stand for something (or a bunch of somethings, held together by coherent values).

California Forward’s reform product offers tools to build a very different and positive governance structure built on the best of the state’s populace-based constitution.  The major features include: a bit longer fiscal planning horizon; more accountability imposed on both the executive and legislative branches, and obliging the legislature’s majority party to work constructively with the governor to produce a timely and more financially sustainable budget.

The other reform energy center is the popular notion of a constitutional convention.

According to polling, a substantial and impressive percentage of likely voters really likes this idea.  The existing constitution would be amended to add “some assembly required” language — stuff like how the delegates are selected, what they could make decisions about and what can make it back out to us, as voters who would have to ratify any notions advanced from the convention.  There are powers long ago, awkwardly etched into our state constitution which is ever-growing, increasingly less inspiring and much in need of – dare we say it? — reform.

Either of these ways of getting to the place where there is a spirited debate and decision by the voters is an outstanding idea.  The difference between the two is the difference between substance and form.  This is not a comparative judgment of either.  They are not the same.

Cal Forward is pushing substantive proposals flowing from the contemporary state of agreement regarding meaningful budget and fiscal reform of the miserable budget process we all seem to loath.

The Bay Area Council’s Con-Con proposal is about form and it takes more time.  It may (or may not) produce the same or similar set of budget and fiscal reforms.  The Con-Con could give us a better outcome, or not.

It’s not as if we’ve had about all the reform we can take.  It seems more like we ain’t getting enough.  Let’s get on with all of it.

Fred Keeley is the elected County Treasurer of Santa Cruz County.  He is also a member of the Leadership Council of California Forward.  A former legislator from Santa Cruz, he also teaches at San Jose State University and Pacific Collegiate School, a public charter school.

Three Dot Thursday: Cheap Shots at the Wounded

Thursday, August 13th, 2009

photos2Memo to Methuselah: Jerry Brown airily dismisses Gavin Newsom’s bid to make a generational contest of the Democratic primary, but maybe that’s because Crusty the General hasn’t looked in the mirror lately.

Calbuzz was shocked – shocked! – while viewing a TV report on Brown’s recent visit to the Central Coast to realize that the 71-year old former everything really, really, um, looks his age on the tube.

Since we’re a solution-oriented outfit, we immediately dispatched some recent photos of Brown to the Calbuzz Division of Superficial Issues and Cosmetology Fixes for some quick action step recommendations.

ebsenAfter a full-body scan, in-depth analysis that lasted until a few minutes before lunch, our highly-trained and highly paid technicians reached consensus that Brown needs some work on those geezer eyebrows, which make him look like a cross between Jed Clampett and the prophet Isaiah.

Yo Anne! What – they don’t sell products in Oakland?

Using the latest in online, web-based, digital era technology, Calbuzz herein proves beyond a shadow of a doubt that a little dye job would take 20 years off the guy’s face; once you’re done with that, General, we can discuss those white-as-snow sidewalls . . .

gay_marriage_210

Gay Marriage – The Long March: Same-sex marriage advocates made a smart calculation by pushing plans for a new initiative to roll back Prop. 8 into 2012 instead of next year.

For starters, there’s the boost in voter turnout guaranteed in any presidential election; beyond that, recall that Kuwata’s Law holds that every campaign includes three fundamental pieces: money, organization and message. Two years provides a much more realistic time frame than a 2010 rush job for assembling the first two and for carefully framing the third in a way that addresses the pro-marriage side’s political weaknesses within religious and minority communities, which proved fatal in 2008.

As for the governor’s race, the move takes a little steam out of Newsom’s gov run by nulling his signature issue, but also makes it easier for him to appeal to Latino and African American voters, who supported Prop. 8 in large numbers last year. Although it won’t be an issue in the June primary, gay marriage might still provide a little traction for whoever the Democrat candidate is in November, assuming either Meg Whitman or Steve Poizner wins the GOP nomination (Tom Campbell favors gay marriage).

Without gay marriage on the ballot, the wannabe governors will be forced to focus more than ever on state finances as the dominant and driving issue of the campaign; in scoping out a distant second, don’t discount illegal immigration, legalization of marijuana and, of course, the constitutional convention; initiatives on all three subjects are either circulating, or sitting at the Attorney General’s office awaiting title and summary.

megsteve

Poizner vs Whitman, Round 62: While Meg Whitman’s top priority on a recent visit with Santa Cruz Republicans appeared to be barring Calbuzz from the event, chief rival Steve Poizner was busy scoring grassroots points elsewhere on the Central Coast.

While eMeg basks in being the darling of Beltway Big Feet, Poizner keeps rolling up the backing of street level pols, the kind of guys and gals who’ve, you know, actually run and won elections in California. His latest list of Central Coast endorsers includes former Assemblyman and current Assessor Tom Bordonaro Jr. of San Luis Obispo, Councilman Jim Monahan of Ventura City, Vice-Mayor Jim Reed of Scotts Valley, Vice-Mayor Victor Gomez of Hollister, Councilman Glen Becerra of Simi Valley, Councilwoman Charlotte Craven of Camarillo, Councilman Leo Trujillo of Santa Maria, Trustee Robert Huber of Ventura County, and former Councilman Jim Heggarty of Paso Robles.

Of course, Fred Barnes and George Will have never heard of any of these people.

Three dot special: Over at Calitics, Dante Atkins reports that he was awakened last Sunday morning by a poll-taker for Fairbanks, Maslin, Maullin and Associates who was apparently testing lines of attack for PXP oil company, in its continuing efforts to win state approval for an offshore drilling lease at Tranquillon Ridge, off the coast of Santa Barbara. This one ain’t going away anytime soon, sports fans . . . Hardcore junkies will want to check out Politico’s early line on what the wannabes are up to a mere 1,182 days before the 2012 presidential election . . . News that stays news: LiveScience.com reports that the average dog is as smart or smarter than a two-year old curtain climber; the key question remains unanswered, however:  how much smarter are Rex and Fido than the average teenager? . . . Norm Pattiz, founder and chairman of Westwood One, America’s largest radio network, UC Regent, Joe Biden buddy, Democratic donor and mongo Lakers fan gets inducted into the National Radio Hall of Fame. Calbuzz is impressed .



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