All posts by Brian Leubitz

Non-Profit Disclosure

San Mateo County Supervisor Richard Gordon, photographed at the Montara lighthouse for California Counties magazineAB 914 would require disclosure on political spending

by Brian Leubitz

At the end of the Prop 32 campaign, a huge lump of cash floated into those anti-labor coffers from parts unknown. You could trace it back a few steps, but the trail grew cold after a while, and the Fair Political Practices Commission (FPPC) subpoenaed records. Of course, by the time that information came out, the election was over and people had moved on.  But Asm. Rich Gordon is looking to skip over all that and requred the disclosure up front.

The FPPC agreed to support a half dozen pieces of legislation, including AB 914 by Assemblyman Richard Gordon (D-Menlo Park).

Gordon’s bill would require nonprofit groups that spend 10% of their money in a year on California elections to disclose contributions they make and the names of the original donors who provide $10,000 or more to the group. (LA Times)

Now, AB 914 is far from all the campaign finance reform we could have dreamed about. After all $9,999 is still quite a large amount of money, and can be bundled to greater heights quite easily. But given the constraints of Citizens United and the rest of the Supreme Court’s First Amendment jurisprudence, it is kind of where we are right now.

Going After Anti-Gay Tax Exempt Status

Measure would revoke California tax exempt status of Boy Scouts and other groups that discriminate against LGBT community

by Brian Leubitz

Sen. Ricardo Lara, Chair of the Legislative Latino Caucus in addition to being a member of the LGBT caucus, is working with a number of LGBT focused organizations to strip California tax exempt status from discriminatory groups:

The Youth Equality Act, sponsored by Sen. Ricardo Lara, D-Long Beach, would deny tax-exempt status to youth groups that discriminate on the basis of gender identity, race, sexual orientation, nationality, religion or religious affiliation.

That means those groups would have to pay corporate taxes on donations, membership dues, camp fees and other sources of income, as well as sales taxes on food, beverages and homemade items sold at fundraisers.(Lisa Leff/HuffPo)

The Boy Scouts cite the many good things they do, which are many, as a reason to keep their tax exempt status.  But apparently, those good things don’t apply to gay teens.

This bill, which is the first of its kind in the nation, has a long way to go, but with the partisan breakdown of the Legislature, the biggest question is what Gov. Brown will do with it. Of course, the Boy Scouts could just end their discrimination, and not have to worry about the bill at all. Their is talk of a resolution that would end the discrimination, but no official proposal has been released.

Rep. Devin Nunes Goes After Central Valley Legal Aid

devin nunes



Congressman with close dairy ties seeks to end “political agenda”

by Brian Leubitz

The California Report has a very interesting report on a case heading to a federal appellate court involving Rep. Devin Nunes (R-Tulare) and a Central Valley Legal Aid group. The audio report is short, and well worth a listen.

But long story short, California Rural Legal Assistance has been accused by Rep. Nunes of using tax money for political purposes.  CRLS seeks to help farmworkers, primarily by getting them back wages and fair working conditions.  As you might expect, these are not causes close to the hearts of the dairy farmers that operate in and around Rep. Nunes district.

Now the question at hand is whether CRLA should be required to hand over information regarding thousands of clients that they have helped, or whether that information is subject to attorney-client privilege. The issues is that for many of these workers, the fact that they even went to an attorney is an offense that could cost them dearly.

After the oral argument, the matter will be in the hand of the courts to decide the scope of the privilege, with dire results for farmworkers at stake.  

Is an Earthquake Early Warning System Real?

SOS 4905Sen. Alex Padilla hopes to give Californians some very valuable seconds

by Brian Leubitz

On the East Coast, their major disasters give a bit of notice that they are coming. Hurricane tracking isn’t perfect, but at the very least, those living along the coast have some time to decide whether they want to evacuate. Earthquakes, not so much.

The technology for earthquake detection currently maxes out at about 60 seconds of warning. But for a big earthquake, that warning could save quite a few lives. Sen. Alex Padilla is pushing a bill to set up such a system in California, and apparently this is very real.

“A fully developed earthquake early warning system would provide Californians critical seconds to take cover, assist loved ones, or pull over safely to the side of the road.  It could allow time to stop a train and power down other critical infrastructure,” said Senator Alex Padilla.

“An earthquake early warning would speed the response of critical public safety personnel by quickly identifying areas hardest hit by the quake,” Padilla said. “California is going to have an earthquake early warning system, the question is whether we have one before or after the next big quake,” added Padilla.

The bill, SB 135, was passed out of the Senate Governmental Organization Committee, and next heads to the Natural Resources Committee. Current cost estimates are running well under $100 million, which seems like quite the bargain.

Bob Mulholland Gets Cheeky with RNC

fundraiser12Longtime Democratic consultant, activist cautions Republican leaders about local club

by Brian Leubitz

Bob Mulholland rarely misses a chance to poke a stick at a gathering of Republicans, and an upcoming RNC meeting is no different. If you don’t recall the references, a RNC staffer was fired by Michael Steele at the nightclub reference below because of a 2010 incident.

H/t to Josh Richman/Political Blotter

To: Reince Priebus, RNC Chair

Jim Brulte, Ca Republican Party Chair

They’re Not in Kansas on Wednesday



Just some friendly advice since you have a RNC meeting on Wednesday (9AM) at the Loews Hollywood Hotel, located at 1755 North Highland Ave.

Your meeting is only a 2.3 mile Taxi ride to the Voyeur West Hollywood Club, an erotic bondage-theme sex simulating club, located at 7969 Santa Monica Blvd. in W. Hollywood, so you might want to assign Monitors (or GPS anchor bracelets) on your RNC Members, especially those from Kansas, Nebraska, Idaho, etc., if they don’t have their wives with them.

Just ask former RNC Chair, Michael Steele, who tried to explain why the RNC paid $1,946.25 for an “outing” at the Voyeur (2/4/10) by RNC people. Never did read if the RNC was reimbursed for that wild night of “relaxation.”

Stick to your meetings and avoid the “extra entertainment” options.

However, if some members need to get out and “experience” a Club, not seen at home in Kansas, Bruce Herschensohn and I would recommend the Seventh Veil at 7180 Sunset Blvd in Hollywood. Bruce always thought it was a discreet Club, and less than a mile from your meeting.

Sincerely,

Bob Mulholland

Fracking Bill to Natural Resources Committee

Fran Pavley-Democratic Club-805-Simi Valley-AD38-Headquarters-DEM-OpeningSen. Fran Pavley’s fracking bill to be considered today

by Brian Leubitz

Senator Fran Pavley (D-Agoura Hills) has been an environmental leader in the Legislature since the day she stepped into the Assembly in 2000, including work on the landmark climate change bill, AB 32. Her current environmental focus is the question of hydraulic fracturing, the process of injecting liquids into soft rock to release trapped hydrocarbons. Today her bill, SB 4, heads to the Natural Resources Committee. (Click here for more bill info)

The bill is  far from perfect, and isn’t the complete moratorium that some would like to see. But, it is an attempt to establish wide-ranging protections for the public when it comes to the rapidly-growing practice of hydraulic fracturing of underground rocks to get the oil and gas inside.

“The public is concerned,” Senator Pavley said. “They have become aware of both the huge amount of fracking we could see in California, and of how little we know about the operations already taking place in our state.”

The bill would put many new protections on what is now a largely unregulated industrial practice. For the first time, frackers would need to obtain a permit, give 30-day’s notice of operations to nearby property owners, and provide regulators with a list of chemicals they plan to use. The bill provides for trade secret protections the industry wants, but also requires them to fund air and water quality monitoring. Many of these regulations are similar to ones either proposed or already in place in numerous other states. And, unfortunately, Pavley’s SB 1054 to require notice of fracking to neighbors and regulators last year was killed by industry lobbying.

“These are the kinds of basic protections needed to protect public safety,” Senator Pavley said. “We have already seen contaminated water from other industrial sources sicken people and destroy entire towns in California. We must not repeat this pattern.”  

On a related note, fracking could be a hot topic at the California Democratic Party convention, as environmental leaders are attempting to get a resolution supporting a moratorium.

Municipal CEQA Reforms

17th Street Plaza openingSan Francisco Supervisor Scott Wiener looks to tweak local CEQA regulations

by Brian Leubitz

You may have noticed a thing or two about the question of “reforming” the California Environmental Quality Act. CEQA has been used to hold up projects both good and bad for the environment and the community. Some tweaks would help expedite good projects, but the heart and soul of the legislation is important for the long term environmental future of the state. But one of the issues that is less clear is the role of local regulations on CEQA appeals.

It won’t surprise you to learn that San Francisco has some of the most confounding permit regulations. I learned just how confounding when a neighbor, who had already received a permit had to change a small aspect of some renovations. The process is something of a mess, to say the least, and can end up with some very high costs to get a simple project completed. However, Supervisor Scott Wiener, is looking to maintain the important role of environmental review, while trying to make repairs and renovations easier on homeowners in SF.

Under his proposal, which goes to the board’s Land Use Committee on Monday, appeals would need to be made within 30 days of a project’s initial approval. His measure also would enhance the system for notifying neighbors and other affected parties.

In doing so, the measure would end the ambiguity that allows environmental appeals of previously approved projects whenever any subsequent permit is pulled – even if the work is minor and does not affect the scope, look or nature of a project.(SF Chronicle)

Now, I’m sure the law proposed will go through some modifications before it becomes law, but this kind of expediting local environmental review while preserving the core goals is just as important, if not more important, for your average homeowner. It will likely directly impact more Californians than some of the proposals bandied about in the legislature these days. We need to keep a close eye on these type of changes, but if done right, they can be positive for the community as some of these small project holdups are what give CEQA a bad name. We need CEQA as a tool to fight bad and environmentally reckless development, and maybe some of these small tweaks can stabilize CEQA’s role for the long-term.

Photo credit: SF Supervisor Scott Wiener at 17th Street Plaza opening by Jamison Wieser, on Flickr

Improving Cal Grants

Reforming Crucial Access Program for Higher Education

by Brian Leubitz

CalGrants, in their current form, have been around since the beginning of the last decade. So hopefully in that time we have learned a thing or two about works and what needs work. Back in 2004, the California Student Aid Commission looked at the new program and their report included some interesting numbers at the time:

In 2001-02, 61 percent of the Competitive Cal Grant recipients were under 25 years of age – a younger than anticipated recipient pool. After consultation with segmental representatives, the Commission adjusted the selection criteria to allow extra consideration for older, late-entry students. In 2002-03, 35 percent of the Competitive Cal Grant recipients were under 25 years of age.

In 2001-02, the majority (81 percent) of the Competitive Cal Grant recipients were from  families with annual incomes below $24,000. In 2002-03, 84 percent of new recipients had incomes under $24,000.

CalGrants were designed to facilitate access to higher education for older students as well as lower income students. And when available, they serve that purpose. However], considering the big cuts to the program over the last few years, the goals for the program may have been ratcheted down a notch. But, that is not to say that we can’t improve the system. Over the next week, a group of legislators will be highlighting their reform proposals to the system. Here are a few of those highlights:

  • AB 1241 – Weber (D-San Diego) – Extending Eligibility to 4 years after high school for Cal Grant A & B
  • AB 1285 – Fong (D-San Jose) – Increasing eligibility for first-year students
  • AB 1287 – Quirk-Silva (D-Orange County) – Decreasing paperwork for renewing Cal Grants
  • AB 1364 – Ting (D-SF) – Sets minimum Cal Grant B at $5900 for 2014-2015, increasing by California CPI
  • These changes all go a step towards making higher education more attainable, but ultimately, we need to increase funding to CalGrants to widen the breadth of the program’s success. Beyond our natural resources, businesses come to California for the extraordinary skilled labor that we have, much of that thanks to our higher ed system. Investing in our labor force means a stronger economy in the future.

    Federal Court Continues Prison Health Care Receivorship

    Governor wanted receivership lifted

    by Brian Leubitz

    In a major ruling today, after last week’s legal tussle between the administration and lawyers for prisoners rights, Judge Lawrence Karlton rejected the state’s effort to lift the prison health care receivership:

    A federal judge today rejected Gov. Jerry Brown’s bid to regain control of the state’s prisons from federal oversight of inmates’ mental health care, ruling that the state has not done enough to improve conditions inside the prisons.

    U.S. District Judge Lawrence K. Karlton, in a 68-page order, found that “systemic failures persist” in anti-suicide measures and other mental health care needs. (SacBee)

    The state will surely try again at the next available opportunity, but the receiver will be sticking around for a while.

    San Diego 9 Go on 5 Day Hunger Strike at Hilton Mission Valley

    New management bringing in anti-worker policies

    by Brian Leubitz

    This is important:

    On March 21, Evolution Hospitality took over management of the Hilton Mission Valley. We succeeded in convincing Evolution to hire all 110 Hilton workers, but the company immediately subjected them to the E-Verify program.

    Recently,a number of workers have been notified that their Social Security numbers did not check out with E-Verify, and nine now face deadlines of Monday or Tuesday to have their employment situation decided.

    We believe the San Diego Nine, all of whom have worked at the hotel for more than a year, will soon be fired. In solidarity with these workers, we are holding a 5-day hunger strike at the Hilton Friday (04/05) through the following Tuesday (04/09). (SanDiegoNine Facebook Page)

    If you are near San Diego, and want to support the workers, you can get a full schedule of events at their Facebook Page. If not, consider supporting them online with Facebook like or retweet: