All posts by David Dayen

Homeless Dumping Issue Goes National

We’ve had a spirited discussion about recent events in the state Senate.  With everybody talking about winners and losers, I think it’s important to note who’s really being impacted.

Tomorrow night 60 Minutes will have a feature story on homeless dumping at Skid Row in Los Angeles.  You can watch a preview at the link, featuring an interview with a paraplegic named Gabino Olvera, who was dumped and left to pull himself across the street by his hands.

The CEO of Hollywood Presbyterian, whose hospital dumped this man downtown, blames the bus driver.  On tape.

When asked by Cooper whether the van driver was the only person who made a mistake, (Kaylor) Shemberger replies, “Well, she’s the person who made the decision to drop the patient off.” To which Cooper responds, “And to those who would say that you’re basically making a scapegoat of this low-paid van driver?”

“I don’t think anybody is making a scapegoat out of anybody,” Shemberger says.

The next time you want to rant and rave about who has a smaller office and who’s on what committee, get a mental picture in your head of Gabino Olvera pulling himself across the street, while people like Kaylor Shemberger sit in their plush office and look the other way.  Let’s not lose perspective.

(By the way, a special thanks to City Attorney and former Attorney General candidate Rocky Delgadillo, who reached a deal with Kaiser to stop the practice, which apparently Hollywood Presbyterian, in the wake of this 60 Minutes episode, will now sign on to.)

“I believe that there is market manipulation at the refinery level”

That was Assembly Speaker Fabian Nunez today at an event in downtown Los Angeles, in front of a Chevron station (that was selling gas for a low low $3.49, I think the advance man could’ve found stations 30-40 cents higher without too much trouble), as he announced with Assemblymen Mike Davis, Mike Feuer and Mike Eng a series of bills to combat rising gas prices and the artificial depression of refinery supply.  The bills will seek to oversee refinery maintenance, expand regulatory authority, and deal with the “hot fuel” issue.  The Speaker said that “During the electricity crisis a few years ago, California adopted similar measures to keep energy companies from using these convenient (refinery) shutdowns to amp up their profits, and today we’re going to make sure oil companies can’t use Enron-like tactics on California consumers.”

This is an object lesson in why now was the exact wrong time for the CDP to accept $50,000 from the prime progenitor of those Enron-style tactics.  And it actually came up in the press conference.  A full report on the flip, with audio to come.

Nunez referenced a Wall Street Journal article (behind the wall, sadly) that detailed how refineries are cashing in on high gas prices by artificially lowering their supply through various methods, particularly shutdowns.  The three bills work out this way:

1) new oversight committee: Nunez and Eng’s bill would create the California Petroleum Refinery Standards Committee, made up of the Attorney General, the State Controller and a couple political appointees, which would develop standards for maintenance and operations at California refineries, would look into shutdowns and would increase mandatory reporting from oil companies regarding them, would take audits and inspections, and would ensure compliance.  Penalties for not complying to these standards, would be “very stiff” and would be considered felonies, not misdemeanors.

2) “Hot fuels”: temperature varies in fuel, and it impacts the weight of gasoline, which since it’s sold by the gallon impacts the price.  The suspicion is that oil companies are manipulating temperature variations to give the consumer less for its money.  Assemblyman Mike Davis’ bill would seek a comprehensive study, cost-benefit analysis, and recommendations on what the national standard for gasoline temperature should be.  Right now it’s 60 degrees; the concern is that the number should be higher.

3) Petroleum Industry Information Reporting Act: oil companies are not releasing enough data to determine properly the efficacy of inventory levels and profit margins.  Assemblyman Mike Feuer’s bill would mandate monthly financial reports on oil supply, demand, and price issues.  It would also allow that information to be shared with the Attorney General and the Board of Equalization.

These appear to be decent bills that correctly address the issue of artificial refinery supply.  However, in the question-and-answer session that followed, there was an example of why it is not smart to play both sides of this fence.

The fact that the backdrop of the press conference was a Chevron statement is telling; after all, they own 25% of the refineries in the state, and they are getting rich off the high gas prices being made by their actions at those refineries.  The VERY FIRST QUESTION offered to Speaker Nunez was about his trip to South America paid for in part by Chevron.  Nunez replied that the trip was “insignificant,” that the trip was taken to learn more about alternative fuels in South America, that he stands for issues that are important to Democrats, and that he resented any attempt to question his ethics.  And right after the presser was over, during a sort of press gaggle, he told the radio reporter who asked that question that is was either a “cheap shot” or a “chicken shit” question (I wasn’t quite close enough to fully make it out).  The reporter replied that the information was out there and she was just giving the Speaker a chance to respond.

Clearly that’s a fair question.  And clearly it’s fair to ask whether, at a time where the Speaker of the Assembly is accusing Chevron of market manipulation and of engaging in “Enron-like tactics,” it’s the best time for the CDP to be taking a $50,000 contribution from that same corporation.  Now more than ever, the message should be united, and the perception here is quite confusing, and more hurtful than the money is helpful.  I appreciate these efforts to stop market manipulation, but I do not appreciate giving the opposition another arrow in their quiver through the appearance of impropriety of this donation.  I renew and strengthen my call for the Party to return the money and work in more innovative ways to fundraise and grow the party.

The Calvert Chronicles

This is pretty hilarious.  Ken Calvert got an earmark inserted last year that would put a transit center within walking distance of seven properties that he owned.  This would obviously boost the value of those properties.  But the House Ethics Committee said he did nothing wrong because:

“any benefit to Calvert would be shared by other similarly situated landowners.”

So because other people would get as rich as him, it’s not unethical for him to write his own laws that get him rich.

Brilliant.

OK, so let’s just say that I’m a property-rich lawmaker who wants to push the boundaries and play the earmark game for all its worth. What would it take for me to get into trouble? Just how self-serving of a project would actually garner the House ethics committee’s disapproval?

“You’d have to be remodeling your kitchen,” Keith Ashdown of Taxpayers for Common Sense told me.

Meanwhile, in the continuing Calvert/Red State saga… over…

They’re still going after him, and they think they’ve found proof that he lied to the GOP caucus by saying that he was not being investigated.  The Hill has an update.  Unfortunately, the Steering Committee isn’t taking their phone calls:

According to House staffers, Boehner’s staff is out putting pressure on Steering Committee members to not say how they voted on Calvert.

Two different people tell me the deck is so stacked in Boehner’s favor that even if a majority of the Steering Committee voted against Calvert, he could still get on Appropriations. But, that would look terrible to have a majority vote against Calvert and him still getting on Appropriations.

So, Boehner is pressuring the Steering Committee to totally ignore us.

Pretty funny that these guys are solely focusing on Calvert when even his replacement is under investigation for corruption.  If corruption was a disqualifying event for Republicans, we’d have a 9/10 majority in the House.

More on the Chevron/CDP Situation

(update: Frank Russo reports that the Speaker of the Assembly will introduce various bills tomorrow regarding refinery capacity and gas prices.  I believe that this is an attempt to allay the Foundation for Taxpayer and Consumer Rights’ concerns; they have distributed petitions for a special session of the Legislature, after all.  I give tentative support to the Speaker’s efforts, and hope that it won’t befall the same fate as Joe Dunn’s bill last year, which never made it out of the Assembly.  This is the beginning of the fight, not the end.  The rest of my article, which deals with the CDP and really not the Speaker, holds.)

I appreciate all the comments in my somewhat provocative diary on Chevron’s $50,000 donation to the CDP and why I think there’s a better way to do business.  I’m no hallowed saint when it comes to politics, and I understand that right now it takes lots of cash.  But my main point is that money received from this particular company at this particular time with these particular underlying scenarios, whether taken in good faith or bad, will not do as much to reach new voters as it will alienate old ones.  People have every right to assume that a politician or a party who receives a large donation from a corporate entity will be expecting something in return, as the instances of such exchanges being consummated are too numerous to count.  And $50,000 buys 1 ad in LA during election season, maybe not all of it, but it drives hundreds of activists crazy, and every decline-to-state voter that hears about it just shakes their head and continues to believe the perception that “they’re all the same” in politics.  I know personally, from the reaction this has gotten, that people are upset.  It doesn’t mean they’ll stop working for the party, but maybe they’ll stuff one less envelope.  Maybe they’ll make one less phone call.  And maybe they just won’t feel as invested in a big-donor top-down party as they would in a small-donor bottom-up one.

more…

I don’t know if everyone’s aware of this, but the CDP has a horrible reputation in this state, if it has a reputation at all.  At a time when people are deserting the GOP in record numbers, we’re barely moving the needle.  The only way to turn this around is to erase this idea that both parties have their own special interests and that politics is politics and “a pox on both their houses.”  This donation, particularly from this company (I wonder how Steven Bing feels about it?), particularly with gas prices and oil co. profits both at an all-time high, particularly where the company is artificially decreasing supply like they’re OPEC, is to me a no-brainer.  It hurts the party.  To those who think that parties rise and fall on candidates rather than who gives the candidates money, I advise you to consult Wikipedia under “corruption, culture of,” which was universally given as the biggest reason for the Democratic success nationwide in 2006.  I fail to see why you would willingly invite comparison, when there’s a better way to raise money that brings more people into the donor pool and proud to be a part of the party at the same time. 

Further, something the party did in the past doesn’t innoculate it from future criticism.  Just supporting Prop. 87 and abandoning the issue when it loses is not enough.  The gas crisis is playing out right now.  CA Democrats have done nothing about it, haven’t really talked about it, since November, save for spending money on infrastructure bonds that call for more roads and make the problem worse.  Maviglio has said “just wait, we’re working on it” so we’ll see.  But I can’t help but believe that pressure LIKE WHAT I AM NOW DOING is a driving factor in that.

What this is all about is how the party can break with the past and move into the future.  Taking a stand on this particular contribution, coming up with a more innovative and respectable solution, will reap a hell of a lot more goodwill than $50,000 ever could.

There is a draft letter being circulated among delegates requesting respectfully that Chairman Torres returns this money and works on better funding solutions that are more about party growth.  If anyone would like to sign on to it, email me through the site and I’ll send you a copy.

The Times Finally Gets It on Election Reform in LA

The LA Times gets downright progressive about voting reform, in the wake of the horrible turnout for Tuesday’s school board runoff, where $9 million dollars in voting infrastructure and campaign expenditures yielded a 6% turnout.

A much better solution is to use instant runoff voting, an electoral method that elects a majority winner in a single election.

Here’s how it works: Voters rank the candidates in their order of preference instead of just picking one candidate. If a candidate wins a majority of first rankings, the election is over, just like now. But if no candidate wins a majority of first rankings, voters’ other rankings are used to determine the winner instantly. The candidate with the fewest first rankings is eliminated, and voters who ranked that candidate first can now have their second choice counted. All ballots are recounted in the “instant runoff,” and the process of dropping the last-place candidate continues until one candidate has a majority of the votes […]

Because this method of voting would save millions of tax dollars, part of that money could be used for an expansion of Los Angeles’ public financing system, which might produce more candidates and more competition – which could induce higher voter turnout.

Los Angeles also could change to an all vote-by-mail system. Oregon votes this way, as does Burbank, and it has led to higher turnout in non-November elections. It also saves tax dollars by avoiding the high costs of setting up polling stations and hiring election workers.

Color me shocked.  over…

Maybe it takes a disaster like the school board election to make people see the light.  Of course, IRV and vote by mail and public financing have been around for decades.  They were seen as flaky Birkenstock ideas at one point; only some hippie commune like San Francisco could use Instant Runoff Voting, right?  But if the staid LA Times can figure out that IRV is efficient, smart and leads to better campaigning. 

I am very hopeful that this work will get done in Los Angeles to make voting more in line with the 21st century.  Now there’s one more hurdle to clear.  We just need the Governor to sign the National Popular Vote bill that would reform the electoral college by eliminating the outdated and anti-democratic idea.  The Governor has taken no position on the bill this year.  He ought to be urged to sign it.

CDP: Please Give Chevron Back Their Money

(also available in blue)

I am fairly surprised that more has not been made in the blogosphere of the unwelcome news that Chevron is doing everything it can to buy off the California Democratic Party and some of its top legislators.  Outside of this small item in The Oil Drum, pretty much nobody has said a word about the fact that the CDP accepted a $50,000 check from a company that is attempting to artificially depress capacity and manipulate the energy market in a way that is shockingly similar to how Enron made themselves a fortune during the 2000-2001 energy crisis.  You can read the details here.

As a delegate to this party, I feel personally tainted by this donation.  I feel like there is a concerted effort to buy my silence.  It will not work, and I want to outline why I am respectfully asking this party, of which I am a member and to which I pay dues, to return the money.

I don’t think I have to go into how Chevron controls the oil market in California by owning most of the refineries, and that in another era that would rightly be called a trust.  I don’t need to discuss their record profits or their expenditures of $44 million to defeat ballot propositions like Prop. 87 and Prop. 89 last year, or their consistently greedy profit-taking at a time of record gas prices throughout the state, or how they refuse to increase refining capacity to keep that profit artificially high.  And I don’t need to explain how corporations aren’t in the business of charity, and that every expenditure they make has a stated outcome, whether for public relations purposes or to engender favorable legislation or just to keep government off their backs while they continue to rake in billions.  What I can talk about is the poverty of imagination that leads the CDP to take a gift like this.

What bothers me most about taking a fat corporate donation like this, from the very interest group you fought tooth and nail against on Prop. 87 just 6 months ago, is how LAZY it is.  There are an unlimited amount of ways to raise $50,000 that not only show no appearance of impropriety or corporate favoritism, but bring people into the process and grow the party, which are the key metrics for politics in the 21st century.  If you really needed $50,000 in a state of 37 million people, how about this: ask 50,000 to give a dollar to specifically ensure that the CDP won’t be beholden to big corporate money.  You can hold dollar parties and write about how giving citizens a stake brings them closer to the party.  And in return for that dollar, you could give people prominent space on the CDP website to upload a minute of video about what problems facing California most affect them.  Then, once the money is collected, PUBLICLY REBUFF Chevron by telling them that their donation has been paid by the people.  Not only would you be seen as populist folk heroes, you would be investing in the party by allowing 50,000 Calfornians get a share and a stake.  That’s called people power.  The new metrics for the Presidential campaigns, for example, are not just money but numbers of donors, because that shows a broad base of support.  A party that gets rich off fat $50,000 checks is a mile wide and an inch deep.  We already have a party like that in California.  It’s called the Republican Party.  And I expect them and their leaders to take hundreds of thousands from the oil industry, as Arnold has.

If that corporate money were even drilled in to infrastructure and party building, that would be something.  But typically, it’s not.  And the party that continues on a traditional model of collecting big corporate checks and running big broadcast ads will be obsolete in a new media environment.  Stoller:

We need to figure out new metrics for receiving party support aside from money and polling.  Perhaps opt-in email addresses acquired?  Friends on MySpace?  Newly registered voters (I like this one)?  Chatter across blogs using sites such as Blogpulse?

I’m not sure, but the whole landscape of politics is shifting.  It’s like an entirely new grammar is emerging, but we’re not there yet.

A “dollar party” strategy, that could spread virally through social networking sites (is the CDP even on MySpace or Facebook?), that would bind more people to the party in a small way and set up a core of activists for GOTV, that would allow a press release that says “50,000 donors!” instead of hiding the fact that one polluting Big Oil ripoff artist gave you 50,000 dollars… would simply be a forward-thinking way to grow the party and gather attention.

I’m sure that there are a host of conciliators and “my-party-right-or-wrong” types that have a problem with me sharing even a scintilla of disagreement with the state party (there’s another guy that believes in the silencing of any alternative voices, he resides at 1600 Penn. Ave, Wash, DC, 20500).  First of all, I would have them take a look at the rise of DTS voters and the lack of success in joining the progressive wave in 2006 and ask them where all that brushing aside criticism has gotten them.  But the second thing I would ask them is, why are you a Democrat?  What do you believe, if anything?  And how do you square that belief with the fact that one of the companies most committed to stopping any progress on global warming or reducing dependence on foreign oil just handed you – you! – a wad of money in order to shut you up?

The Speaker’s Office claims that these donations won’t impact Democrats’ ability to take a hard look at what Chevron is attempting to do on refining capacity, and that “tough” legislation is forthcoming.  I would hope so.  I cannot impact what individual candidates receive in gifts; at least, not until election season.  I can have an impact when it’s my party.  I’m a delegate and a member in good standing.  I know for a fact that members of the Party leadership read this site.  I’m asking those in charge at the CDP, nicely, to give back the Chevron money.  I want to work on innovative fundraising solutions that can simultaneously fund the important work of the party and bring it closer to the people whom it serves.  But like any addiction, the first step is admitting you have a problem.

Villaraigosa Gains Majority on School Board

Antonio Villaraigosa actually needed some good news in the wake of the May Day incident and court setbacks on his school board plan.  The voters gave it to him yesterday; OK, not ALL of the voters, but enough (about 6.5%) to elect Tamar Galatzan and Richard Vladovic, making the majority of the school board friendly to the Mayor.  Villaraigosa certainly paid for this privilege, to the tune of several million dollars in campaign funds.  It was telling that Neal Kleiner, who wasn’t endorsed by UTLA, did much better than incumbent Jon Lauritzen, the recipient of millions from the union.  Expect to see some sort of mayoral takeover of the schools in the next several months (though it needs to comply with the recent court ruling).

In addition, Felipe Fuentes just crossed the line and won election to the Assembly in the 39th District, getting 50.86% when 50% + 1 was needed.  Fuentes replaces Richard Alarcon, who was elected in November and almost immediately left to run for City Council. 

The takeaway here is that it does put another Democrat in the Assembly for the looming budget battle, whereas if it went to runoff that would not have been likely.

Word of Primaries, Elections, Retirements in Congress

It’s behind the firewall, but Republicans in John Doolittle’s district are determined to get him out of the 2008 race by threatening to run a primary challenger.  I would assume that even the NRCC wouldn’t be too keen to mount any resistance to such a challenge.  They know well that Charlie Brown is poised to beat Doolittle the second time around, but it would be a more difficult task with a fresh opponent who is less tainted by scandal.  My question would be, who could they possibly find up there that has no connection to Doolittle?  Even mini-Rush Tom Sullivan, a non-politician, had Doolittle on his show as recently as last week.  And the other “vultures” that are circling, to borrow Sullivan’s phrase, certainly have some connection to Doolittle as well.

The other report would be a bombshell if true.  CMR is reporting that Maxine Waters may retire this weekend to run for a seat on the LA County Board of Supervisors.  I would hope this doesn’t happen, but retirements like this in favor of elections closer to home are inevitable.  Waters’ seat is as safe as they come, but any election for it would be a free-for-all.

Speaking of free-for-alls, 19 candidates have filed for the June 26 special election to replace the late Juanita Millender-McDonald.  This is pretty much a three-way race between Sen. Jenny Oropeza, Assemblywoman Laura Richardson, and neophyte politician and Rep. Millender-McDonald’s daughter, Valerie McDonald.

I should have another full roundup in a couple weeks.

The Great Uniter

Arnold Schwarzenegger has finally managed to bring people with differing viewpoints together to agree in a post-partisan fashion.  See, nobody likes his revised budget plan, as Bob Salladay reports.  Conservatives think that it doesn’t go far enough, spends too much, and relies on too many shaky budgeting gimmicks, like privatizing the lottery for a short-term cash infusion.  Democratic leaders have rightly called it mean-spirited and cruel for slashing aid to the poor and cutting public transit funding, among other things.  The state’s pundit class has sneered at the cynical nature of saying that you could balance the budget responsibly to begin with.  And the Legislative Analyst’s Office, who are supposed to play it right down the middle, criticize the revision as well.

The administration has attempted to address a $2 billion decline in the state’s fiscal outlook. Due to several overly optimistic assumptions, however, the May Revision overstates its reserve by about $1.7 billion-leaving an estimated reserve of $529 million. Even this reserve level would be subject to considerable risks and pressures. As a result, the Legislature will face a significant challenge to develop a 2007-08 budget that realistically reflects revenues and spending while maintaining a prudent reserve. As it sets its own priorities, it should identify solutions that realistically balance the state’s finances on an ongoing basis while also avoiding new ongoing commitments (absent identified funding to pay for them).

The Governor is more about fantasy than reality, anyway, so it shouldn’t be suprising that his budget numbers would be a carefully crafted fiction.

A budget is a moral document.  Priorities in the budget mirror priorities in the real world, what kind of California you want to see.  Arnold Schwarzenegger wants to see a California where investment bankers get rich while the poor and the middle class who struggle to survive are left on their own.  And this would have been worse if the state didn’t find a little more unexpected revenue at the end of last month.  Nobody should be surprised that this Governor automatically thinks “cut the poor” when faced with a budget crunch.  That translates directly to who he values in society.  This isn’t the result of Arnold “reverting back” to his pre-post-partisan self, as Speaker Nunez claimed in his statement.  This is who he’s always been.

UPDATE: One thing that should be stated is that the Governor is very much an acolyte of Reaganomics.  He puts everything on credit and passes the problems off to future executives and future generations.

Election Day in LA

The runoff for school board seats in two districts takes place today.  If Antonio Villaraigosa’s two candidates win, he will have a majority on the LAUSD school board sympathetic to his agenda.  In District 7 (Watts, Harbor area), an open seat, Antonio’s candidate Richard Vladovic has outspent retired principal Neal Kleiner by 13 to 1, as the teacher’s union has stayed neutral.  The real race is in District 3 (South and West SF Valley), between incumbent Jon Lauritzen and Villaraigosa candidate Tamar Galatzan.  Nearly FOUR MILLION DOLLARS has been spent in this race.  Last time turnout was under 10%.  Today it might come down, literally, to how many teachers show up to vote.  It’s sad, because this vote will have major implications for the future of LA’s schools, as well as the future of the man who is the favorite to be California’s next governor.