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Posts Tagged ‘two-thirds vote’



Where’s Wald…. uh, Political Reform in California?

Tuesday, June 15th, 2010

By Richie Ross
Special to Calbuzz

Remember the dot com bust?  Lots of people invested lots of money in lots of web stuff that didn’t end up doing much.

Too many of them were selling e-stuff about selling e-stuff.  They didn’t make real stuff.  They didn’t create value.  They were based on processes. And in the end, their over-priced stocks weren’t worth anything.  The dot com bubble burst.

For the last 18 months there’s been lots of breathless chatter about the need to “reform” California government, especially the two-thirds vote requirement.

Leading the charge for reform was Waldo.  You know him. He’s the geeky guy in the red-and-white striped shirt, glasses and knit cap who’s hard to locate.  So where was Waldo?

The signs of Waldo’s reform bubble busting surfaced last year.

First, the Bay Area Council announced that their much-discussed Constitutional Convention wouldn’t address Proposition 13 and its two-thirds vote requirement.

Then on January 14, one of the Bay Area Council’s key corporate sponsors, Pacific Gas and Electric (PG&E) announced they had qualified their initiative to expand the two-thirds vote requirement to communities seeking to establish or expand a public power alternative to PG&E’s monopoly.

Finally, on February 13, we read that the Constitutional Convention effort had “fizzled.” The Bay Area Council “didn’t have the money” to qualify the initiatives necessary to allow a vote on having a Convention.

PG&E went on to spend $46 million on Proposition 16.  Where was Waldo?

Before rushing to mount a high horse and condemn PG&E, let’s take a moment for introspection.  Was PG&E unique in their insincere association with “good government reform” throughout 2009 followed by a banal display of self-interest?

All through 2009, California Forward competed for the “Waldo Top Reformer” title with the Bay Area Council.

But when it came down to it, they too tried to put together a “reform” which would expand the two-thirds beyond taxes and apply it to fees adopted by the legislature for environmental protection.

Putting aside both their motivation or the merits of whatever they thought they were doing, California Forward put themselves in a position where they were compromised on the two-thirds vote debate… they couldn’t attack Proposition 16 even if they were inclined.

And why did the No on 16 campaign only raise $90,000?

If the campaign against Proposition 16 had a dollar for every speech ever made about the evil of two-thirds, then it would have been able to compete against PG&E.  Thank God the newspapers stepped up their game and did a good job exposing the Proposition 16 scam.  Waldo didn’t.

PG&E is a big political contributor.  They give tons of money.  Lots and lots of that money goes to politicians who give speeches condemning the two-thirds vote.  But outside of three or four elected folks who contributed to the No on 16 campaign, PG&E bought silence.  Yes, even Waldo’s.

It seems that interest groups only oppose the two-thirds vote when it hurts their own stuff, not because of some high-minded majority-rule principle.

If the two-thirds vote violates what people think is right, why wouldn’t people who’ve taken PG&E’s money have donated it to the No on 16 campaign?

In the end, everyone talked more than they cared.  And some talked out of both sides of their mouth.

Next up:  all of those who did nothing will point to Proposition 16’s defeat as proof that the two-thirds vote is unpopular and ought not apply to their “stuff.”  Hmmm.

Waldo the Reformer’s bubble has burst.  Like the dot com bubble, there wasn’t much to it.

Richie Ross’s controversial Calbuzz piece on using the baseball arbitration system to deal with the state budget is looking better and better.

Meyer Nails PG&E’s Prop 16; Poizner Bites eMeg

Saturday, May 1st, 2010

There’s rich irony in the fact that the man who gave California the initiative process — Hiram Johnson — fought against what was then the dominant utility in the state: the Southern Pacific Railroad. And that he’d be rolling over in his grave today to see another dominant utility — Pacific Gas and Electric Co. — using the initiative process in a naked bid to further entrench its monopoly power in half the state.

Tom Meyer’s take on Prop. 16, the June 8 primary initiative backed by $35 million from PG&E., won’t get much argument from a group of local public utilties, which are suing to get the measure off the ballot, charging that it’s an illegal effort by PG&E to destroy competition. Whether it’s illegal or not, Calbuzz is not equipped to judge. But there’s little doubt that seeking to require a two-thirds vote for communities that want to create their own public power is a pure-bred play to kill competition.

This is supposed to be a blank line, pushing text down the page a bit .

Not so subtle: vulture picking at carrion

Poizner Flips Meg the Bird: His bird of choice just happens to be the vulture, as in “Goldman Sachs Vulture Funds” to which Steve Poizner links Meg Whitman in his first truly populist hit on Whitman in a 30-second TV spot. Calbuzz prediction: if he puts enough money behind this ad, he will take Whitman down several notches. Whether it’s enough to close the gap is doubtful, but this is the toughest ad we’ve seen out of the Poizner camp.

“This type of pathetic distortion is exactly what Republicans expect from Team Brown and it’s convincing evidence that Steve Poizner has joined it,” replied Whitman spokesvolcano Sarah Pompei. “The truth is that Jerry Brown’s union allies and Steve Poizner will say and do anything to try and defeat Meg Whitman who is the only fiscal conservative running for Governor.”

Both Sides Now: Great catch by our friend Anthony York of Capitol Weekly and the LA Times Blog who noticed that Goldman Sachs has hired Mark Fabiani to defend the investment bank’s reputation while his partner, Chris Lehane, is a principal in the  anti-Whitman group Level the Playing Field which has attacked eMeg viciously for her ties to . . .  Goldman Sachs.

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.

Keeley: California Forward Not Dead, Still Kicking

Saturday, April 3rd, 2010

By Fred Keeley
Special to Calbuzz

I come to praise California Forward, not to bury it.

Actually, I have no real issue with Calbuzz’s micro-reporting on the narrow point of whether or not California Forward’s efforts to have the legislature and governor place a real budget process reform measure on the November ballot, will be successful.

I do have an issue with Calbuzz using that as the measure of California Forward’s overall effectiveness in the broader area of fixing California’s broken tools for governance in the 21st Century.

As many of your readers know, California Forward was founded a couple of years ago with the support of a hand-full of large California foundations who had grown exasperated by the rapid decline of California’s governance capacity.

Whether the issue was and is education, environmental protection, healthy economy, human services, or any of the other major issues facing our state, California seems to have become mostly incapable of making progress.

Obviously, there are exceptions, with the most notable being AB 32, the state’s landmark and comprehensive global climate change statute. For the most part, and regardless of the state’s economic condition, Sacramento has become a place where good ideas seem to go to die.

California Forward, a bi-partisan (or, some would argue, a non-partisan) organization came into existence to deeply examine what is broken in California’s systems of governance, and to build support for thoughtful, best-practices reforms. It has been known from the start that many of the solutions are likely to take a few years to achieve, while some may be able to be adopted more quickly.

In 2008, California Forward joined other “Goo Goos” such as the League of Women Voters, Common Cause and AARP, to sponsor the statewide ballot measure that took the decadal redistricting of legislative lines out of the hands of legislators, and put it in the hands of an independent commission.

That effort is underway now, and there are those who want to see it succeed, and others who are attempting to smother it in the crib. Regardless, it is one of the reforms that many who look at California’s governance tools believe needs exactly this reform.

For a couple of years, California Forward has worked both inside and outside Sacramento to develop a set of “best practices” reforms of California’s perennially late and “not worth waiting for” budget-making system. The California Forward package includes two-year budgeting, budgeting by objectives, mandatory oversight of the governor’s implementation of the budget by the legislature, and other items used by many, many states that are considered well managed.

The clear 600-pound gorilla in the budget reform room is the majority vote. California Forward is recommending that the existing two-thirds vote to adopt the budget be replaced by a simple majority vote provision in the state constitution. This would put California in the same place as 47 of the 50 states who have just such a provision. This change would NOT change the current requirement to obtain a 2/3rd’s vote to raise taxes.

Other issues on our agenda include term limit reform, initiative reform, and campaign financing. Each will take more time to develop into a broadly-supported reform.

I have read with interest your obituary of Repair California, the folks who wanted to get a Constitutional Convention to the ballot. I have also read your pieces on other budget reform efforts, such as that by Professor Lakoff at the University of California Berkeley.

I hasten to add that I respect both efforts, as it is critically important for as many voices and ideas as possible to be in the mix if ideas to fix California’s broken governance tools.

California Forward is, however, different. We are taking a multi-year, multi-subject approach to solving our vexing governance problems. We are very likely to have to take a few laps around many tracks to get all of this done, but we will get it done. California should accept nothing less.

To accomplish that, California Forward is undertaking an unprecedented civic engagement project. What I like to call the California Conversation. This project, which has been approved by California Forward’s board of directors and is deep into the design stage, is an attempt to have a conversation with literally millions of Californians regarding the state of governance in California, and what can be done to fix it.

This, too, is likely to take time to do it right — and to make changes that will provide lasting improvements.

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.