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Posts Tagged ‘Jim Mayer’



Cal Forward Fee Proposal Meets Our Hawaiian Eye

Wednesday, April 14th, 2010

When last we checked on California Forward’s reform proposals we saw them drifting in some Legislative backwater. But friends tell us there may still be breath in some of the proposals and the one Calbuzz thinks is most likely to be a sleeper relates — you guessed it — to whether it takes a majority or two-thirds to approve of fees.

As we noted in our last look at this damn thing, SCA 19, Cal Forward’s omnibus reform bill,  includes a provision that says:

any bill that imposes a fee shall be passed by not less than two-thirds of all Members elected to each of the two houses of the Legislature if revenue from the fee would be used to fund a program, service, or activity that was previously funded by revenue from a tax that is repealed or reduced in the same fiscal year or in a prior fiscal year.”

Jim Mayer and Fred Silva of Cal Forward said this would apply only in some specific and rare cases and would not undercut the Legislature’s ability to raise fees in most cases by majority vote.  We said we thought the measure would affect the Legislature’s power on fees because (quoting us) “every program, service and activity is funded by ‘revenue from a tax,’ and so, any place where the Legislature wanted to subvent tax funds with fee funds would require a two-thirds vote.”

Comes now someone who, unlike Calbuzz, actually understands the budget — Jean Ross, executive director of the California Budget Project, who tells us: “The language is so broad that it appears to require a two-thirds vote to impose or increase a fee that goes to any program that receives support from the General Fund.

“That would include CalFire, community college fees, everything that receives even a dime of state general purpose funding, or a dime of revenue from a tax that has been cut at any time in the state’s history.”

Oops. Another reason — along with the elimination of the two-thirds vote on the budget (which we like, BTW) — that Cal Forward’s package of proposals is ready for the fork.

Now this: Check out CBP’s latest, a detailed report on who pays taxes in California, which sh.ould come in handy the next time some candidate starts claiming the state has the highest taxes in the nation

This just in: Our Honolulu Bureau’s Big Waves and Little Drink Umbrellas Desk reports that Aloha State airwaves are crackling with ads from candidates in a May 22 congressional race, which threatens to become the latest special election nightmare for Democrats and the White House.

With the Scott Brown special election stunner still top of mind, Speaker Nancy Pelosi’s troops are facing the real possibility of losing their long-held grip on the state’s First District seat because of an all-party ballot, which makes the top vote-getter the new representative without a run-off, coupled with an all-politics-is-local internecine brawl between two Hawaii Democrats.

The scenario was set up when longtime Rep. Neil Abercrombie resigned in December to run for governor, to replace outgoing Republican Linda Lingle (who’s having big problems of her own ) amid a California-style budget mess. The Democratic Establishment, in the persons of U.S. Senators Daniels Akaka and Inouye, quickly lined up behind state senator Colleen Hanabusa, a reliable legislative hack who’s now running as a “partner” of President Obama, who won the district in his home state with 70 percent of the vote in 2008.

But Ed Case, a moderate and former Democrat House member, also jumped into the contest, raising the specter that Republican Charles Djou, a Honolulu city councilman, may split the seam and capture the seat amid the D’s feuding. Case is casting himself as an outsider by running against Washington insiders and, Mai Tai sources say, would run likely run stronger against Djou in a one-on-one matchup because of his appeal to independent voters.

But Case broke the play-nice rules of Hawaii politics by challenging Akaka in the 2006 Senate primary and payback is a bitch; the Asian-American Action Fund, strong backers of the two U.S. Senators, has warned off any national Dems of a mind to get behind Case by noting that 60 percent of the voters are of Asian descent, a not-so-subtle shot aimed at helping Hanabusa and dissing the white guy.

Gleeful Republicans meanwhile are nationalizing the race, and uniting behind Djou, a smart and boyish looking moderate with a nice-looking young  family who’s campaigning as a small-government entrepreneurial types. GOP presidential hopefuls Tim Pawlenty and Mitt Romney have both weighed in on the contest, contributing money to Djou and portraying him as a scourge of “Obamacare, a costly stimulus bill and cap and trade legislation.”

And Mahalo for that.

Why Goo Goo Plans are Toast; Labor Runs Amok

Tuesday, March 30th, 2010

We come to bury California Forward, not to praise it. The goo goo reform plan, now subsumed into SCA 19, contains a host of worthy measures affecting budgeting and spending. But it’s the much-needed centerpiece – reducing the two-thirds vote needed to approve the state budget – that is its undoing. For now.

Why? Because to put the measure on the ballot will itself require a two-thirds vote, which won’t happen because even if all the Democrats lined up together – and that’s not at all certain – the Republicans would kill it.

As His Royal Walters wrote last week: “Politically, the plan appears to be a nonstarter.”

Loyal Calbuzzers know that we have long argued that without a variety of reforms – including majority vote on the state budget — California will remain fundamentally ungovernable.

Sure, a governor and Legislature will play their roles, budgets will be passed, schools and prisons will operate, the state will function. But California will continue to float along like a raft on the ocean, not like a true ship of state being steered along a certain course.

Besides the majority-vote budget provision, the SCA 19 – at the request of California Forward – also includes a provision that says:

any bill that imposes a fee shall be passed by not less than two-thirds of all Members elected to each of the two houses of the Legislature if revenue from the fee would be used to fund a program, service, or activity that was previously funded by revenue from a tax that is repealed or reduced in the same fiscal year or in a prior fiscal year.”

Now, Jim Mayer and Fred Silva of Cal Forward – two really smart guys whose thinking we respect – say this is NOT an attack on the Sinclair Paint decision (which Calbuzz has covered exhaustively) that allows the Legislature to raise fees by majority vote as long as there is a “nexus” between the fee and the service it pays for.

They say it only would apply to a limited situation in which a fee was proposed to replace a specific excise tax used to fund a specific program, service or activity. The measure was inserted, Mayer said, “in order to build some support for majority vote from business groups who would otherwise kill the bill.”

Which kinda underscores our point:  If it doesn’t affect Sinclair, why do it at all? Because, they say, some business interests are worried that the Legislature will try a massive bait-and-switch, swapping out tax-based revenues with majority-vote fees.

The way we read the measure, it does affect Sinclair since every program, service and activity is funded by “revenue from a tax,” and so, any place where the Legislature wanted to subvent tax funds with fee funds would require a two-thirds vote – which under Sinclair only requires a majority. But we’re not what you might call your “tax experts.”

Anyway, even if the liberals go along – and if just a few of them read this like we do, that’s not likely – the Republicans are not likely to give away their one-third-vote leverage. Which is why we say you can stick a fork in Cal Forward’s proposal.

Back Away From the IPhone!

Back in January, Calbuzz was first to break the news that three longtime Democrats from a new Silicon Valley firm were rolling out “a product that – for better or worse — promises to cut dramatically the cost of gathering signatures for ballot initiatives by using social networking and touch-screen technology.”

Verafirma Inc.’s Democracy Project, founded by Jude Barry, Michael Marubio and Steve Churchwell, we reported, makes it possible for activists to use email, Facebook and other social networking venues to distribute ballot initiative language and arguments, and to collect and verify signatures from users who have an iPhone, Droid or other new generation touch-screen device.

So when we heard about Barry, a Calbuzz contributor, getting blacklisted by Art Pulaski, executive secretary-treasurer of the California Labor Federation, AFL-CIO, we thought it was just a case of union protectionism run amok.

The ostensible reason for placing Barry and his firm, Catapult Strategies, on the  “do not patronize” list was that Verafirma is selling its signature-gathering technology to the folks trying to qualify a ballot measure for “paycheck protection” — labor’s most-hated proposal which would ban use of union dues for political purposes.

This didn’t make any sense. Verafirma is licensing use of a technology that anybody can use. It’s as if they’d come up with a pedestrian GPS system and Republican precinct walkers wanted to use it. It’s like selling electronic clipboards and pens. The technology is neutral. It’s like blacklisting an iPod dealer because right-wingers are buying and using his product.

But then we read Internal Affairs in the Mercury News and nosed around a bit more and it all came clear: Pulaski was doing the dirty work for Cindy Chavez, who heads the South Bay Labor Council and who is supporting Forrest Williams for county supervisor. Barry is working for Teresa Alvarado, seeking that same seat on the county board.

Chavez told the Mercury News she didn’t draft the Pulaski letter, although she knew it was in the works. And she took a whack at Barry for allowing “a company of his to support taking the right away from working men and women to speak politically.”

Calbuzz has no candidate in the Santa Clara County Board of Supervisors race. We just think Barry  — who worked for Ted Kennedy and Howard Dean, ferchristsake — is getting rat-fucked. Sure paycheck protection is anti-union. And one of Barry’s defenses — that it wasn’t his personal account at Verafirma — is specious.

But none of that should matter: he’s done nothing to challenge labor’s right to organize or influence politics. This stinks.

FPPC Lets Newsom Double Dip: Calbuzz called attention to a loophole in the law governing contributions a while back but the FPPC has decided that you can run for one office, max out to the limit, drop from that race and enter another and max out again from the same donors. This lets Gavin Newsom, now a candidate for gov lite, go back to all those donors who gave him $25,900 when he was a candidate for governor. Whatever.