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Posts Tagged ‘initiatives’



DBI: Cal Forward, Con Con, Campaign Finance

Tuesday, January 26th, 2010

A plague in the newsroom: When dinosaurs roamed the Earth, the Old Chronicle had a cityside editing slot known as the “Plague Desk,” assigned to whatever unfortunate assistant city editor was tasked with herding the cats who covered Politics, Law and Government.

In due time, old school Old Chronicler Carl Nolte invented a fanciful PLAG  desk publication, which he called “DBI: The magazine of politics, law and government.”

DBI stood for “dull but important,” and, thanks to Nolte’s abiding interest in designing and drawing covers for his imaginary mag, it featured headlines like, “Infrastructure: Threat or Menace?” and “The Secret World of the Bay Area Air Pollution Control District,” or “Up Close and Personal with Regional Planning Superstars” and “What’s New in Waste Water Management.”

For whatever reason, in recent weeks the News Gods have favored Calbuzz with a plague of DBI stories, from tax reform to T-Ridge, so today we honor Nolte’s extraordinary contributions to newsroom saloon humor with our own version of DBI.

Kaufman, wearing a Calbuzz botton

Cal Forward moves forward: California Forward has hired ace Democratic consultant Gale Kaufman to quarterback their 2010 campaign for two reform initiatives, after their efforts to get things started faced some delays, thanks in part to a big assist from Calbuzz.

Facing an April 16 deadline to collect 694,354 valid signatures — which means a million or so raw ones — Cal Forward is still awaiting title and summary for its proposed constitutional amendment to revamp the state’s budget process. AG Jerry Brown’s office, which appears to be struggling to keep up with the zillion or so would-be  initiatives flying around, only recently signed off on the group’s other measure, aimed at keeping the state’s hands off local government revenues.

“We’re definitely going ahead with the initiatives. The deadline is tight, but we’ll have enough time,” Kaufman told us, adding that she is confident Cal-Forward, a business-labor-goo goo coalition, will have no problem raising money for the campaign.

Kaufman, who’s elected half the Democrats in the Assembly and whose  client list also includes the CTA, is coming on board amid a batch of rumors about Cal Forward floundering to qualify its initiatives.

Some members have been grumbling that the bipartisan group should scrap its local finance measure, because it’s too similar to an initiative backed by the League of California Cities. Cal Forward’s John Stevens defended the measure, noting that it would give cities, counties and school districts new authority to gain voter approval of one-percent increases in the local sales tax with a majority, instead of a two-thirds, vote. Passage would be pegged to a comprehensive government finance plan prepared by local pols, Stevens told us.

Their second initiative, a proposed constitutional amendment which, at post time, was  still gathering moss in Crusty’s office, has gained more attention and discussion.

Among other provisions, it would require the governor and Legislature to put in place a performance-based budget and a two-year spending plan. It also would reduce the two-thirds requirement for passage of a budget to a majority of both houses.

Amid the initiative push, some legislators are still screwing around with their own version of a similar ballot measure, a rear guard action which isn’t helping the urgency of Cal Forward’s own effort.

Cal Forward submitted an amended version of the budget reform initiative after Calbuzz reported that the original would place restrictions on the Legislature’s ability to enact new fees for state services under the Sinclair Paint decision, an obscure but important policy procedure. After we blew the whistle on the play, some liberal-leaning Cal Forward types screamed bloody murder, and the Sinclair section was rewritten, a move which is partially responsible for the delay.

And thank you for that.

Con Con petitioners vs. pros: We hear there’s a story percolating about the, um, questionable actions by agents of some statewide signature gathering firms unhappy about the initiative petitions being circulated by backers of a constitutional convention.

Apparently some of the professional petition movers fear that delegates to a constitutional convention will, among other things, seek to change the current ballot initiative process, disrupting or killing their business. They want nothing to do with the con con effort, which instead is trying to organize its own, largely volunteer, petition force of 400 people on the street by President’s Day.

Word is that some of the opposition to the convention petitions has been expressed in what you might call your allegedly extra-legal manner. Nobody’s talking for the record about this yet, but don’t be surprised if there’s some action on this front within the week.

What campaign finance decision means for us: The best line we’ve read about last week’s big U.S. Supreme Court decision allowing corporations to buy elections contribute to federal campaigns appeared in the NYT’s thundering editorial of outrage about it, which summed up the politics pretty well:

The ruling is likely to be viewed as a shameful bookend to Bush v. Gore. With one 5-to-4 decision, the court’s conservative majority stopped valid votes from being counted to ensure the election of a conservative president. Now a similar conservative majority has distorted the political system to ensure that Republican candidates will be at an enormous advantage in future elections.

Beyond the bald facts of partisan politics, two other things seem perfectly clear about Citizens United v. Federal Election Commission: 1) it will create more work for lawyers; 2) its practical impact in California this year will likely be limited to Barbara Boxer’s U.S. Senate race.

“There’s no impact on state races,” said Karen Getman, one of the smartest campaign law attorneys in the state, with Remcho, Johansen & Purcell.  “But in House races and the U.S. Senate race, the dynamic has changed.”

With most of the state’s congressional districts nicely gerrymandered for one party or the other (this could change in the future if a proposed initiative for a new redistricting commission to redraw House seats passes), it’s unlikely to cause huge changes on that front.

But Boxer, who’s already facing a very tough political environment for Democrats, could well become a test case for how the new court decision affects a big, expensive Senate race. It’s easy to imagine any of the three contenders for the Republican nomination – even third-place runner Chuck DeVore, who could benefit from Tea Party astroturfing right-wing donors or industry-specific hit squads – flooding the zone with big corporate bucks against Babs.

Of course, the decision also allows labor to contribute freely to independent expenditure campaigns on behalf of candidates, so it’s likely Boxer would get a boost from SEIU and AFL-CIO types if she runs into trouble. Bottom line, of course, is that the big winners will be campaign media buyers and TV stations throughout the state, which could find corporations and campaigns road blocking available ad times.

Our own discount copy

Costco Carla strikes again: The forces of eMeg are being weirder than ever in providing info about “The Power of Many: Values for Success in Business and in Life,” the Great Woman’s new self-serving propaganda piece memoir.

Seems like Her Megness is concerned about running afoul of state laws that might look askance on her using the private book venture for campaign purposes, and so has engaged a new battalion of purse holders and coat carriers to staff her book tour.

While campaign types insist they couldn’t possibly scare up a review copy of the thing for the Sensitive New Media Guys covering the governor’s race, the Chron’s resourceful Carla Marinucci scored one in her weekend big box foray:

With less than five months until the June 8 gubernatorial primary, the release of Whitman’s book – listed at $26, but available at Costco over the weekend for $14.99 – is as much a skillfully timed campaign effort as it is a literary one.

Following Costco Carla’s leadership on the matter, Calbuzz managed to secure our own copy of the book at the Santa Cruz Costco Monday, fighting off hordes of fellow shoppers who were actually looking for bargain prices on cargo shorts and shrink-wrapped cartons of dental floss.

We know you’ll find it as scintillating as we have already to hear eMeg tell us, “I personally would have passed on buying Shatner’s old toupee, but I found getting Weird Al for eBay Live! an irresistible opportunity.” We’ll have a full report once we manage to work our way through the damn thing, which clocks in at 277 pages.

Part-time Leg Would Steal Power from People

Wednesday, December 2nd, 2009

stevemaviglioBy Steve Maviglio
Special to Calbuzz

Legislature bashing has become California’s new official blood sport. From Gov.  Schwarzenegger’s “girlie men” comments at the 2004 Republican Convention to Democratic Treasurer Bill Lockyer’s October tongue-lashing, lawmakers have been weathering a constant stream of criticism, some of it well deserved. The result has been historic low approval ratings, according to the most recent Field Poll.  It also has spawned a new initiative designed to slash their pay and make them part-time.

By design, the legislature is a sitting duck for criticism. It is inherently slow (to protect against rash actions), complicated (constraining power by creating more obstacles than opportunities to pass laws), and representative (ensuring citizens and interests all have a voice).  Two voter-approved initiatives pushed by the right —  term limits and the 2/3 budget approval threshold – have made matters worse by handcuffing the legislature’s ability to get things done.

But does this inaction merit returning California to a part-time legislature and slashing lawmaker pay by at least 50 percent, as the new initiative proposes? What would California’s government and politics be like if it passes? Who would be the winners? And who (besides the Legislature) would be the losers?

The big winner would be the governor. Freed from a pesky legislature that often counters executive power and provides oversight, the governor would drive the public policy agenda without accountability. Under the initiative, the governor would also be able to call unlimited special sessions and dictate their terms, further weakening the legislative branch’s independence.

The state bureaucracy under the governor’s control also would thrive without lawmakers around Sacramento to regularly call agencies on the carpet. There would be no time for hearings on agency regulations –- the ones that allowed felons to become day care workers, the lack of regulations for summer heat protection for farm workers, or sweetheart computer deals negotiated by the administration.

Also benefiting would be Sacramento’s special interests and their army of lobbyists. Under the initiative, lawmakers would serve just 90 days per year. Meanwhile, special interests would be working full-time. It doesn’t take much imagination to figure out who would have the upper hand on complex policy issues: amateur lawmakers or experienced professional lobbyists for insurance companies, utilities, banks, and unions

Professional staff also would become more powerful. Term limits are already empowering some legislative staffers to be more knowledgeable about lawmaking than lawmakers themselves (see Sunday’s Los Angeles Times profile of Senate staffer Kip Lipper). This initiative would make matters worse, as it does nothing to reduce legislative staff. In fact, it might actually increase it. According to the National Conference of State Legislatures (NCSL), Texas, with its part-time legislature, has hundreds more staffers than California.

quentin-tarantino-gun-to-headThe biggest loser, of course, would be the public.

Under the initiative, there would be little time for rank-and-file Californians and the press to weigh in on legislation. The California Constitution requires all bills to have a 30-day review after they’re printed. But under the initiative, the part-time legislature would have only 30 days to convene in January, and then be called back in May for 60 days to conclude their business (including  holding hearings and passing a budget). That would mean thousands of bills would have to be considered in two months, causing a frenzy of rushed review of complex policy. That effectively would shut out public input, leaving only the special interests to do the sausage-making.

The legislature itself also would look far different. California has one of the most diverse group of lawmakers in the nation, representing a wide variety of ethnic and socio-economic groups. According to the NCSL, part-time legislatures are disproportionately white, wealthy, and older. After all, what farm, school or business could allow a key employee to leave for three or four months at a time to serve in Sacramento? And who else besides the wealthy could raise and spend the millions in campaign dollars it takes to get elected, knowing it was only a part-time gig with little influence on public policy?

Part-time legislators also would have considerable conflicts of interest. In Texas, for example, the sub-minimum wage paid Texas legislators has resulted in repeated episodes of corruption. Legislators repeatedly have used their office to champion their clients and employers. (This year the Texas legislature was forced to toughen its disclosure requirements after a public outcry.)

Compare that to California. Robert Stern of the Center for Governmental Studies recently noted in an NCSL publication: “We don’t see examples of outright conflicts in California…My feeling is, California legislators have less time to have outside income than obviously the legislators in Texas.”

Rural and small town California also would take a hit. Power would shift from a Legislature elected by 120 different districts to a governor elected by a single statewide electorate.

Case in point: Northern California. Tim Hodson, the Executive Director of the Center for California Studies at CSU Sacramento, pointed out in a California Journal article a few years ago that 1.4 million Californians lived in the 21 counties north of Sacramento. They were represented by four senators and seven Assembly members who had 24 district offices. Those legislative members, he noted, often worked as a block on district issues. But without a full-time legislature, they’d have no advocate in Sacramento; none of the past seven governors have had field offices north of Sacramento, and no statewide elected official has served from the area in the past 50 years.

Most states with part-time legislatures are rural and only six are as limited in their scope as what the proposed California initiative calls for (Montana, the Dakotas, Utah, Wyoming, and my home state of New Hampshire). At the other end of the spectrum, all but one of the top 11 most heavily populated states in the nation have full-time legislatures. Texas is the exception, and there is a strong movement there to make the Lone Star state’s lawmakers full-time.

Here in California, the initiative is Exhibit A for what’s wrong with our state’s initiative process. It’s the brainchild of the right-wing initiative factory propped up by an AstroTurf “citizens group.” Its author is conservative Sacramento lawyer Tom Hiltachk, whose last failed effort was an attempt to divide California’s electoral votes.

Proponents have yet to find a sugar daddy to bankroll their effort. Part of the reason is a PPIC poll that showed only support at a lowly 23 percent (the poll was before the initiative was amended to include the salary cut. Private polling of the new initiative I’ve seen shows only slight approval.)

Despite daily plugs on the right-wing “John and Ken Show,” time is running out for the initiative to qualify for the November 2010 ballot. And despite their frustration with the legislature, Californians appear to be wise enough not to want to turn back the clock.

Steven Maviglio is the executive director of Californians for an Effective Legislature, www.effectivecalifornia.com, Twitter: effectivelegis, Facebook: Citizens for an Effective Legislature.