All posts by David Dayen

Net Neutrality: WTF?

The CDP created a new rule with regard to resolutions in this convention.  In order to be able to bring a resolution to a floor vote, it either has to make it through the Resolutions committee or be outright rejected.  If it is referred or tabled, it cannot be brought to the floor.  This is a brand new rule that nobody anticipated, that was not voted on by the delegates, and that seems, dare I say, undemocratic.

And this is exactly what was done with the Net Neutrality resolution at the convention.  Worse, they referred it to the Labor Caucus.  Now, there is absolutely no precedent for referring a resolution to a caucus.  It’s never been done before.  There’s no mechanism for the Labor Caucus to do anything with it.  This was simply a way to push aside the Net Neutrality resolution in order to hope it is forgotten.  We in the netroots cannot let this happen.  It’s antithetical to the notion of democracy and a free & open Internet.

(BTW, this was also done with respect to other resolutions, including impeachment, Iraq, and Iran resolutions put forward by Progressive Democrats of America.  I spoke with Marcy Winograd about this earlier, and there will be some fireworks at the next resolutions committee meeting at 5pm PT.)

Morning Session – Impressions From the Floor

Hi, the morning session was spirited.  A few notes:

• Art Torres did an incredibly quick and brief motion to push the agenda of the convention forward, essentially affirming all of the work of the Resolutions Committee.  It passed without incident.  Now the hard work begind of collecting signatures from the delegates on all the motions that people want to force to the floor.  I’m collecting for the Audit Committee, and I think that having the signatures presented is an end in itself.  It mandates that the shareholders of this party want some financial accountability and transparency, that they don’t want it shunted off to some task force where they can kick the idea down the road.  I think it’s crucial for structural party reform and ensuring that we reach all districts.

• Hillary’s speech was going fine, IMO, until she got to Iraq.  Then she lost the crowd (and she had them earlier).  It was interesting to see Art Torres and Fabian Nunez shooting daggers with their eyes from the podium at those delegates hissing and shouting about Hillary’s Iraq policy, particularly when Nunez motioned to have people ejected from the hall (nobody was AFAIK).  Still, I do believe that Hillary was fairly wide support.  I can’t tell you how many delegates I saw yelling “Impeach Bush!  Impeach Cheney!” and then holding up their Hillary signs.  I don’t think her support is as soft as the netroots think.

over…

• Nonetheless, there were some who affixes “anybody but” stickers to their Hillary signs.

• I didn’t go to the press conference, but you can read about it elsewhere.  Apparently she showed some knowledge on particular California issues.  I would have asked her about the craven deal made on prison “reform.”

• Barack Obama speaks at 1:45pm PT.

CDP: Day 1 Update

Conventions are a whirlwind.  You promise to do 50 things and you end up doing 5.  You meet 200 hundred people and can’t remember their name afterwards.  You walk more in a day than you would in a week.  But ultimately, that little corner of the convention, that little snapshot, is as illuminating as an omniscient bird’s-eye view.

The turnout for the Progressive Caucus was amazing.  I would guess about 400 delegates and supporters packed one of the biggest rooms in the convention center.  I would say that the Progressive Caucus has arrived.  It only started two years ago, and now it’s the largest caucus in the Party.  Assemblyowman Loni Hancock gave a report on her Clean Money bill, AB 583, which passed the Assembly Elections Committee.  Mimi Kennedy talked about election protection.  Brad Parker gave a stirring speech about the rise of the progressive movement.  It was great stuff.

As I said, the Resolutions Committee folded a lot of the more contentious resolutions into some more mealy-mouthed ones.  Of particular concern to me is the resolution to form an Audit Committee, so I’ll be heading out to gather signatures to bring that one to the floor.

over…

The blograiser was amazing.  Unfortunately I spent so much time getting the liveblog up at Daily Kos that I didn’t have a ton of time for interaction.  But I did get to talk with Charlie Brown for quite a while about Iraq.  His son is over there right now flying planes in the Air Force.  He talked about how 40% of the officer corps is walking away from the service, how 30% of the Air Force planes have been grounded for wing cracks, essentially how the military has been broken by this conflict and how it’ll take years to get the ship righted.  Charlie is a great guy.  I can also boast that both Brown and Jerry McNerney commented on the live blog from my laptop!

One great thing that stood out is when Todd Stenhouse, Brown’s campaign guy, was talking with a couple of us, and said, “I get calls from reporters all the time asking, ‘Who’s dday, who’s juls, who’s Land of Enchantment, and why do they keep scooping me?'”  LOL.  We’re just faster is all because we don’t have a paper to meet a deadline for.

After the blograiser we headed out to some hospitality suites at the Convention Center.  The Young Democrats event was pretty fun.

Highlight image of the convention so far: Dude at breakfast with no shirt, a leather jacket, and two Yoplaits(?).

OK, gotta go…

BREAKING: Audit Committee to Force Resolution to the Floor

I’m sitting in the Progressive Caucus meeting, and the secretary has just announced that they are not going to be satisfied by allowing the Financial Transparency and Accountability Resolution to be remanded to an ad hoc committee.  This is the resolution I mentioned earlier in the week.  It would set up a standing Audit Committee that would audit the financial outlays of the Party for effectiveness and efficiency.

The Progressive Caucus is going to gather signatures for this resolution to force it to the floor.  This is a big deal, because putting oversight into the process of how the Party spends its money is the only way that we’re going to get some real accountability.

The signature gatherers are going to meet at 8:00am at the outdoor ampitheater to start the process.  If you want to help, meet there.  The goal is to get 1,000 signatures by 5:00pm Saturday, much more than is needed to get the resolution to the floor.

I will be working this effort.  It is insanity that we, the “shareholders” of the California Democratic Party, don’t get so much as a financial statement.  More as it develops.

Sellout on Prison Reform

The State Legislature decided to run away from hard choices and add brick and mortar to simply delay our prison crisis without addressing root causes.

Legislative leaders brokered a deal Wednesday to add 53,000 beds to the state’s prison and jail systems while increasing rehabilitation opportunities for inmates with added drug treatment, vocational and education programs.

The $7.4 billion agreement to help ease California’s severe prison overcrowding contained no provisions for any early releases of inmates.

At the same time, it did not include any changes to the state’s parole or sentencing systems. And it drew heavy criticism from the prison system’s two largest public employee unions over a provision that would allow the California Department of Corrections and Rehabilitation to transfer 8,000 inmates out of state in a program now on hold in the appellate courts.

The transferring 8,000 inmates part won’t get through the courts.  And holding firm on sentencing and parole is lunacy, absolute lunacy.  It just means that we’ll all be back here in 5 years.  Meanwhile construction money will be doled out and more nonviolent offenders will be locked up.  And the “increasing rehabilitation opportunities”?  Lip service.

over…

What does the proposal by Assembly Speaker Fabian Nunez, Senate leader Don Perata, Assembly GOP leader Mike Villines and Senate GOP leader Dick Ackerman say about rehabilitation?

According to some prison advocates, not much. In addition to $7.4 billion in spending to build new jails and prisons, it would allocate just $50 million in the first year on substance abuse, education and mental health services. The system currently has about 170,000 prisoners, and a recidivism rate close to 70%.

That’s a crime.  This state government won’t even fully fund Prop. 36, passed by voters to move drug offenders into treatment centers and not prisons.  We have 94 year-old men in walkers who have been rejected for parole six times.  And now there’s a prison “solution” that is notable only for its cowardice, its refusal to address sentencing guidelines and its big talk on rehabilitation without action.  More beds is not the answer; it’s embarrassingly obvious.
A couple good Democrats had some sense, but were not backed up by their leaders:

While Republican lawmakers hailed the agreement, enthusiasm was more muted among Democratic lawmakers, many of whom declined to comment. Two sources familiar with a meeting Wednesday evening among Senate Democrats said that state Sen. Gloria Romero, D-Los Angeles, a leading advocate in the Legislature of prison reform, had criticized the plan at the meeting.

State Sen. Carole Migden, D-San Francisco, noted the deal “will mark more growth for the prison industry.”

Senate President Pro Tem Don Perata, D-Oakland, said policymakers had no choice but to increase the size of the prison system.

“This is a compromise among bad alternatives,” Perata said. “Now we vote and light candles. That’s a reference to St. Jude, the patron saint of lost causes.”

Are you kidding me?  Apparently the Democrats aren’t in the majority in Sacramento.  I don’t know if you were aware of that.  But that’s what Perata is telling me by this statement.

It’s scandalous.  The political will to actually fix the prison crisis is nonexistent.  This capitulation to try to build our way out of it is fated not to work.  I’m disgusted by this absolute spinelessness.

Miller on Torres’ Radar Screen? Torres Coming to the Blue House?

I’m slightly skeptical, but pleased, at Art Torres’ answer to this question.

CMR: What is the 58-County Strategy and how is it going to help us be successful in 2008?

AT: Howard Dean and I worked together on the 50-State Strategy when he was running for Chair of the Democratic National Committee. I was part of an effort to make sure he was elected chair because I felt he would be the most progressive and effective chair, which has proven to be right. It’s taken a little time for us here in California to establish a 58-County Strategy, which I announced in December of 2006, and we’re going to be more incremental given the resources that we have available. But the most important priority for me is a Jerry McNerney seat, the Charlie Brown seat – which will be his seat once he defeats Doolittle – and Gary Miller in Southern California. We’re going to reach out to those communities where we can coordinate with counties with the resources we have available for voter registration and finally to make a mark on those counties that were up to this point considered red, that are now purple or turning blue.

I’m willing to give Torres a chance to live up to this.  Miller didn’t have an opponent in 2006, but if the CDP says they want to devote resources there, let’s see it.  Same with Brown in CA-04, and to be fair Torres has previously admitted mistakenly not making this a priority last year.  What bothers me is that this 58-county strategy is being discussed on the federal electoral level instead of about local and state legislative races; that’s where party-building really begins.  As a delegate, I want to work with those leaders in the party who talk about reaching out to all counties.  I also want to ensure that they actually go about doing it.  That’s why I’m supporting the creation of an Audit Committee and a resolution expressing support for a 58-county strategy.

Torres’ shout-out to us – US – on the flip…

CMR: How do you think the emergence of the netroots and the blogger community as a powerful voice has been helpful to the Democratic Party?

AT: I think it’s the healthiest result we could have imagined. That’s why I will be there honoring the bloggers on Friday night in their support of Charlie Brown and Jerry McNerney’s campaigns (at the “Blue House at the Brew House” fundraiser Friday night in San Diego co-hosted by CMR, California Progress Report, Calitics and fellow California bloggers) because the bloggers are important to our effort to get people moving. The bottom line is: whatever positive efforts other groups out there can do independent from us, I applaud.

I’ll be happy to see Art and other party leaders at the event, and I hope he’ll continue to show support to our efforts to grow the party.

(I also liked how Torres framed Perata’s “Out of Iraq” referendum as a way to back the Governor into a corner, and how he consistently weasels out on his actions regardless of his words.  We need more of that.  I don’t really support Perata’s bill because it concedes that we’ll still be in Iraq in February 2008.  But as a way to get Republicans and the governor on the record, I love it.  We don’t do enough of that in California; holding Republicans responsible for their votes.)

Pre-Convention Notes

The approximate schedule for the convention, per Art Torres, is as follows:

Friday evening:  Chair’s Welcome Reception, with Presidential candidate Senator Mike Gravel and Congressman Jerry McNerney.

Saturday morning: Speakers include California’s Democratic statewide Constitutional officers and U. S. Senator Hillary Clinton.

Saturday lunch: Assembly Speaker Fabian Nunez, Senate President pro Tempore Don Perata, and Congressmember Zoe Lofgren.

Saturday afternoon: Speakers include House Speaker Nancy Pelosi, U. S. Senator Barack Obama, U. S. Senator Christopher Dodd, and Congressman Dennis Kucinich.

Sunday morning: Speakers include former U. S. Senator John Edwards and New Mexico Governor Bill Richardson.

(Of course, Friday night conflicts with the spectacular Blue House at the Brew House event, so why even bother to mention it?)

Apparently demand is so high that observers will not be allowed in if they haven’t purchased entry already, and the lunch and dinner events are sold out.  The party definitely has some energy this year, and that’s a good thing.

Another tidbit: as a delegate, I’ve been getting nonstop calls and mailers from various interest groups.  And without question, the most organized and persistent group is the one opposed to the tollway through San Onofre Beach.  I’ve received 2 mailers, 4 phone calls and several emails.  There’s some do-re-mi behind that organization.

Assembly Works To Allow Californians to Use Their Own Health Insurance

The Nunez health reform measure made it out of an Assembly Committee today, but I’m more interested in this other bill that Randy Bayne discusses:

HEALTH PLANS WOULD BE BANNED FROM RESCINDING POLICIES WHEN CONSUMERS USE COVERAGE

In a victory for consumers Tuesday, the Health Committee also passed AB1324 (De La Torre), which re-states and re-emphasizes California’s law prohibiting health insurers for canceling coverage consumers if they turn out to be sick.

The bill comes about after several high profile cases in which several insurers such as Blue Cross of California rescinded coverage – retroactively – from policyholders after expensive claims were made. Consumers were left with hundreds of thousands of dollars in bills after the insurer refused to pay the bills incurred during the time patients believed they were insured. Blue Cross alleges that the patients knowingly lied about their health status on their applications for coverage, triggering the cancellation.

over…

The question I have is was would be the enforcement mechanism.  Blue Cross has already been doing this in violation of the law, and yet the fine they received was a paltry $1 million dollars (I believe it was handed down by Assemblymember Dr. Evil, who thought it was a lot of money).  the text of the bill does not address enforcement satisfactorily or really at all.

I wonder why nobody has restarted the “three strikes law for corporations” debate, and it seems like the Blue Cross case would be a perfect linchpin to do so.  When you have a company that is so flagrantly breaking the law, the state should reserve the right to revoke its charter to do business.  Of course the Chamber of Commerce and the bought-and-paid-for Republicans would fearmonger that businesses would fly out of the state, but essentially they’re arguing that companies should have a right to break the law repeatedly.  Somebody has to draw a line.

What Real Accountability Looks Like: A CDP Audit Committee

There’s obviously been a lot of chatter about what resolutions to support at the CDP Convention this weekend (incidentally, the Resolutions Committee will only allow about 10 to get to the floor, and unless you get a buttload of signatures, that’s all that will be voted upon, so choose wisely).  I’m going to make a plea for one that would actually change the way that the Party conducts its business.  I don’t think there can be any more important a proposal, one that would demand accountability from the CDP and move us on a course to a 58-county strategy, than the resolution to form a standing Audit Committee as a change in CDP Bylaws.

What we’ve been talking about these past couple days is how the CDP can best allocate its resources to give Democrats in the state the best opportunity to succeed.  Any business dealing with such massive asset allocation would consider it a duty to check the books every once in a while and see how things are going.

Right now the CDP does not really do this.  A seat on the Finance Committee is pretty much closed unless you are a major donor, can pull in major donors, or you promise your first-born son to the Chair.  And the accountability for the decision-making on what candidates to support or to not support is practically non-existent.  We know that $4 million dollars left over from the last campaign was magically transferred to Fabian Nunez’ account for Assembly caucus work (some would say services rendered from AT&T).  That money should not have been available at the end of an election season.  Yet there is no transparency in the process.  This is why there needs to be a change in the bylaws to allow an Audit Committee.

In a very smart and studied explanation of how this would work, the authors of the proposal state:

An audit committee is an operating committee whose members are normally independent of the management of the organization and/or drawn from outside directors.  Audit committees are formed to assist the management of an organization by providing an independent review of the effectiveness of the organization’s financial reporting process and internal control system(s).  Responsibilities of an audit committee typically include:

Overseeing the financial reporting process.
Monitoring choice of accounting policies and principles.
Monitoring internal control process.
Overseeing hiring and performance of the external auditors.

This essentially would act as a financial oversight committee that could make recommendations on how to best allocate resources.  They would also ensure that the “financial statements” of the CDP meet with the approval of all of the “shareholders,” in other words, us.

The California Democratic Party (CDP), a dues membership organization, directs the expenditure of tens of millions of dollars each election cycle, most of which is subject to compliance guidelines governed by the Bipartisan Campaign Reform Act of 2002 (BCRA).  The CDP commissions a bi-annual internal audit and an annual audit.  Information regarding distribution of the auditor’s reports has not been disclosed to the general Party membership. Under the Nonprofit Integrity Act (SB1262), the annual audit of non-profit organizations required to register with the California Attorney General’s registry of charitable trusts must be made available within 24 hours to any member of the public who requests it. Although the CDP is not subject to that requirement, accountability to its donors would be served by adhering to the same standards for other organizations which raise their funds primarily from donors.  The CDP’s auditor has reportedly been retained in his current capacity for nearly ten years.  Most organizations change auditors every five years.  Best practices, along with SB 1262 requires an audit committee for organizations with annual revenue of over $2 million, and the CDP certainly meets that criterion.

As for whether a resolution is in order, it would actually entail changing the CDP Bylaws.  If enacted, an Audit Committee would be formed, just as we have a Rules Committee, Platform Committee, et al.

Here’s what else I like about it: the Audit Committee would ensure regional diversity.

To ensure the Audit Committee’s continuity from term to term, the Audit Committee should have as many members as there are regions (21), with terms both staggered and elected.  The first election would be for all regions; half of those elected serving for four years and the other half for two years).  Three subcommittees would be formed: Finance, Performance and Compliance, with seven members each, respectively:

The Financial Audits Sub-Committee – would deal strictly with financial matters (allocations and expenditures)

The Performance Audits Sub-Committee – would deal strictly with the Party’s performance to assess whether it is achieving economy, efficiency and effectiveness in the employment of its available resources.

The Compliance Audits Sub-Committee – would deal strictly with legal reporting matters and responding to published laws and regulatory agency requests.

We should not have to hear about $4 million dollar expenditures in the newspapers.  We should not have an unaccountable system where money flows to various people for inscrutable reasons.  We, as Democrats, deserve to have an independent board auditing the CDP, to ensure accountability and efficiency.  And once that happens, more money can be freed up for the kind of year-round blanket organizing that you need in order to make this Party grow throughout the state.

CA-04: D-Trip Web Video

I’ve always thought that the DCCC had a very good Web video team, they seem to be quick and direct.  They’ve put up a new website called “Doolittle Facts” with information about our favorite corrupt Congressman, and they’ve just released this video.

It’s good to see the D-Trip piling on.  You, of course, can support a return to honesty and integrity to CA-04 by joining us at a blograiser for Charlie Brown and Jerry McNerney this Friday.