All posts by Brian Leubitz

An Impasse

Jerry Brown has said all along that he could meet the deadline he set up for himself, March 10.  In case you aren’t looking at your calendar right now, that’s this Thursday.  Inn furtherance of that goal, he recently met with a group of Republican legislators to discuss possible compromises.  It didn’t go well. In fact, it went so poorly that they even wrote a nasty letter saying as much.

Gov. Jerry Brown in budget talks said today that they have reached an impasse.

“We accepted your invitation to bring you our ideas on important structural reforms and willingly took to heart your admonition ‘to get out of our comfort zone,’ the senators said in a letter to the Democratic governor. “Although it is clear that you engaged in our conversations seriously, it appears we have reached an impasse in our discussions about how to move the state forward.”

The letter may explain Brown’s glum attitude at an appearance this morning, where he said he does not yet have the Republican support to put his tax extension measure on the ballot and may not meet his Thursday budget deadline. (SacBee)

Brown has now admitted that his timeline might not be realistic at this point, and that seems like quite the understatement.  Despite everything that he’s done to bring this to some sort of ridiculous austerity budget, we are really no closer to where we were on the day of his inauguration.

An impasse indeed.

Catch the letter over the flip.

$5.05 for the Future

Yesterday I mentioned that we have reached a new nearly 40 year low of percentage of personal income spent on government services.  It now stands at $5.05 per $100 of personal income, the lowest since the gubernatorial days of Ronald Reagan.  There are very real effects of that:

Over the past two years, California, Georgia, Nevada, Ohio, Utah and Wisconsin have loosened legal restrictions on class size. And Idaho and Texas are debating whether to fit more students in classrooms.

Los Angeles has increased the average size of its ninth-grade English and math classes to 34 from 20. Eleventh- and 12th-grade classes in those two subjects have risen, on average, to 43 students.(NY Times)

I’ve never taught in a traditional school setting, but having worked with teenagers in the past, I can assure you that you can not teach a math class effectively to either 34 or 43 teenagers.

At some point, we have to take this information in and understand what the anti-government forces have done to our once proud public school system, and what they are doing to a social safety net that is stretched so thin that the wholes are visible from space.  We all lose when one student fails because we couldn’t get them the resources they needed to succeed.  We all fail as our students fall through the cracks.

UPDATE: I need to point out that part of the reason the number has decreased is that Brown’s budget calls for the shifting of some services from the state to local governments. This figure only covers the state’s portion.

Hardly Brave

Over at FireDogLake, former Calitics blogger and current slayer of falacies David Dayen, takes on the California budget.  Specifically, he calls out Brown’s budget for a lack of bravery, in the face of a growing chorus of “responsible” voices in the news praising Brown’s actions.  Sure, he’s making cuts that Democrats wouldn’t ordinarily make, but that’s just buying the Republican frame.  Is he getting to the deeper points?

But Brown has ducked many more fundamental governance issues in the state. He hasn’t gone near a tax structure where people making $47,500 a year pay the same in income taxes as those making $999,999. He won’t approach the third rail of California politics, the artificially low property taxes resulting from Prop 13. He won’t expand the sales tax to cover services, which would allow the rate to be lowered while still gaining more revenue (and becoming more progressive, as higher-end services get used by wealthier people). He’s basically doing the bare minimum possible on revenue generation, and even then he won’t commit to raising them himself, preferring to put them up for a vote of the people.

As for the spending cuts, they will be utterly devastating; California already cut the less necessary stuff in prior years of the crisis. And by and large, Democrats in the legislature are going along with it. In the Schwarzenegger years, you’d have a lot of resistance to very similar cuts, both from the outside and the inside. These days, state Democrats don’t want to cross their own governor, and so they’re basically carrying out his wishes. They tell everyone they don’t feel good about it, but that’s of little solace. (FDL)

Redevelopment has been getting much of the attention, but the heart of the cuts is to the social safety net that the Democrats have been working to protect from Governor Schwarzenegger’s raids.  Yet now we are making many of these same cuts.  Meanwhile a full 20% of California families are struggling to even afford enough food:

One in five Californians struggled to afford enough food for themselves and their families last year, according to a new report by the Food Research and Action Center.

The rate in California was slightly higher than the national average of 18%.

Jim Weill, president of the Washington-based nonprofit, said the figures underscore the need for a strong nutrition safety net – including food stamps and school meals – for families that continue to struggle as the economy begins to recover.

“While the nation’s Great Recession may have technically ended in mid-2009, it has not yet ended for many of the nation’s households,” Weill said in a statement Thursday. “For them, 2010 was the third year of a terrible recession that is widely damaging the ability to meet basic needs.”(LAT)

At a time when Californians need more help than ever, we’re closing down our doors and spending a smaller percentage of the state’s personal income for over 40 years. Yeah, that’s right, Brown’s proposed budget would spend just $5.05 per $100 earned, the lowest such figure since Reagan’s 1972-73 budget.  Put simply, we don’t have an out of control tax system, we don’t have a spending problem, we have an obstinate minority that insists on a selfishness of spirit that California hasn’t known before.

I give Brown credit for doing what he thinks he must, perhaps in the only way he thinks possible.  But we’re losing part of what made us great.  There was once a feeling that anything could happen in California, that whatever we worked together toward would be accomplished.  We built an outstanding K-12 education system and the greatest public university system in the world.  We built the information based economy.  We built a network of infrastructure that made tomorrow look better than yesterday.

Today, we are just trying to survive for ourselves. Some of us can’t feed ourselves, while others are grabbing crass and obscene wealth.  Is this really the best we can do?

Slicing and Dicing

The budget deal backed by the Governor moved one step closer to reality today, as it passed through committee on its way to the floor.  The package still retains most of the shocking cuts to the social safety net:

After years of fighting to save health and social services for the poor and elderly, Democrats on a key legislative committee reversed direction Thursday and voted for a budget plan that makes large cuts to California’s safety net. And, in a rare action, the vote sends the package to the full Legislature months before the constitutional deadline.

Lawmakers voted to limit welfare, cap the number of doctor visits for the poor, end the Adult Day Health Care program for the elderly and eliminate redevelopment agencies, among other reductions, to close California’s $26.6 billion deficit. (SF Chronicle)

I’ve written about that “cap the number of doctor visits for the poor” proviso. And frankly, if that somehow passes, which I’m still investigating its chances now, we need to get our heads (and our consciences) examined.

Nonetheless, at this point it is pretty hard to argue that Democrats aren’t giving something up.  It’s just that they’ve given up too much already.

Lieu and Yee Try to Block Anti-Labor UC Regent

While the nation is still dealing with the Wisconsin labor debate, UC Regent nominee David Crane thought a few days before his confirmation process was a good time to get involved in the issue.  In fact, the timing was so awesome that he thought the occasion was ripe to put an op-ed in the San Francisco Chronicle.  Oh, and –Spoiler Alert!– he wants to get rid of collective bargaining for public employees.

Collective bargaining is a good thing when it’s needed to equalize power, but when public employees already have that equality because of civil service protections, collective bargaining in the public sector serves to reduce benefits for citizens and to raise costs for taxpayers. Citizens and taxpayers should consider this as they watch events unfold in Madison. (SF Chronicle)

This was published back on February 27, and now that a week has passed, and Crane is making his way to the Capitol, Senators Ted Lieu and Leland Yee both put out press releases stating that they will lead the charge against Crane’s confirmation as a UC Regent. From Sen Lieu’s statement:

“I actively oppose the confirmation of David Crane as a UC Regent.  I read Mr. Crane’s Op-Ed in the San Francisco Chronicle in which he argues for the elimination of collective bargaining for public sector employees.  I cannot support someone for the powerful post of UC Regent who continues to perpetuate the myth that collective bargaining caused our state economic crisis and has a fundamental misunderstanding of how our state budget operates.

*** *** ****

The specific reason our general fund spending sharply declined was because the person Mr. Crane advised, former Governor Arnold Schwarzenegger, reduced the Vehicle License Fee and replaced it with . . . nothing.  As a result, the state general fund lost over $5 to $6 billion in revenues per year for every year Mr. Schwarzenegger was in office.  The VLF reduction has resulted in a total loss of over $30 billion to the state, an amount in excess of the current California budgetary shortfall.  How conveniently Mr. Crane forgot to mention that critical fact when it doesn’t suit his ideological assault on public sector unions.

Given that so much attention is being paid to the budget, who knows how much attention this will get.  However, given the national climate, I expect that this might gather some focus in Sacramento while Crane tries to get approved.

Orange County Rally of Hate

Via Glenn Greenwald, we get the story of a protest rally outside an Orange County fundraising dinner for a local Muslim organization.  Among the many speakers were two members of congress, Gary Miller and Ed Royce, as well Villa Park City Councilwoman Deborah Pauly, who said some of the most vile things I have ever heard come from the mouth of an elected official.  Apparently Muslims meeting is “pure, unadulterated evil” and she has a son who is in the Marines who wants to “speed up their meeting in Paradise” for doing so.

Now, that is not to say that we shouldn’t be able to protests, as there were two pretty controversial speakers at the event. But the level of invective that you can see in the video below is simply jaw-dropping.  For example how about this line (about two and a half minutes in the video)  

We are patriotic Americans and we love our Constitution, and it’s going to stay that way. One Nation Under God, not Allah

Now, somebody should probably tell that nice woman that God is not, in fact, in our Constitution, and oh yeah, it does protect the freedom of religion.  This sort of hate is not all the norm, but it is clearly on the rise.  It turns out that there is always going to be a group to hate.  Anti-semitism was all the rage last century, but now we have moved on.  Here’s hoping that one day we’ll find it within ourselves that we can just respect each other.

No Majority Vote Measures?

Here’s the thing: The Republicans understand that there have to be some additional revenues.  They know that even they couldn’t come up with the full $25 Billion in cuts in any way that could possibly help them politically. But, on the other side, they are terrified of their own base.

This is where it gets interesting.  Sen. Bob Dutton, the Republican Leader in the Senate asked the Legislative Counsel if there is any way for the Democrats to put something on the ballot on their own, sans the 2/3 majority.  Now, Dutton would probably tell you out in public that this is just to stop the tax hikes or something like that.  But, you have to think that Dutton was secretly hoping that the Democrats could do the dirty work while the Republicans could maintain their ideological purity by never voting for anything that possibly resembles an increase in taxes.

Speaker Perez, for his part, doesn’t seem to be taking the bait, and has cast that aside right from the get-go:

Assembly Speaker John A. Pérez said Wednesday that he has no intention of sidestepping Republicans by trying to place a tax-extension measure on the June ballot by a simple majority vote of the Legislature.

Pérez downplayed a legislative counsel’s opinion, sought by Senate Republican leader Bob Dutton, that indicated such a measure could be placed before voters without the support of GOP lawmakers, under narrow circumstances.

“No,” Pérez said flatly when asked if he is entertaining such a plan for the tax measure proposed by Gov. Jerry Brown to raise $11 billion for the fiscal year that ends June 30, 2012.

“There is not a single legal analysis that I think holds any water that says we could legitimately put this question before voters on a simple majority vote,” Pérez told the Sacramento Press Club. (SacBee)

I’ll admit, I’m a bit split on this move.  From a practical standpoint, I’m a bit skeptical that the Democrats will, in fact, be able to lure enough GOP votes.  Keeping open the majority vote measure as a way to whip some GOP votes into making some sort of deal seems to make some sense.

But, guessing at the Speaker’s logic here, in order to pass this thing at the ballot, you are probably going to need at least nominal GOP support.  If you have them running around saying how awful this package is, it could create a pretty dicey situation for the actual election.

At any rate, despite the Speaker’s protests, I would still not count out the concept of a majority vote measure quite yet.  

Look to Nevada?

Timm Herdt of the Ventura County Star focuses on a statement from Nevada Governor Brian Sandoval in today’s must-read column:

One thing that hasn’t changed in Nevada is that its Republican politicians continue to be fiscal conservatives. But if GOP lawmakers from California were to return to Reno this year to pick up any lessons, they might be surprised at one thing they’d learn.

They’d find out that the state’s constitutional amendment, passed in 1994, that requires any tax increases be approved by a two-thirds vote of legislators includes a provision that gives ultimate authority to voters. To place a tax increase proposal on the ballot, it says, shall require only a simple majority vote of lawmakers.

Republican Gov. Brian Sandoval, who promised during his campaign to oppose any tax increases, appears to also believe that a public vote on taxes ought to carry more weight than his own opinion.

Asked whether he would sign a bill to put a tax increase on the ballot, Sandoval this week told the Las Vegas Review-Journal, “We’ll cross that bridge when it comes, but I’ve always been supportive of people’s right to vote.”(Ventura County Star)

Now, let’s say this first, Brian Sandoval is nobody’s moderate.  He’s a pretty right-wing governor, and hardly somebody that you could really call anything other than anti-tax/anti-goverment.

But, in the system we have out west, governments frequently defer (for better or worse) to the people.  Perhaps Tony Strickland and his TeaParty Caucus should consider the fact that despite what Grover Norquist is telling them, a vote for Brown’s budget package will increase no taxes.  That’s up to the people, and unless Tony and the Gang don’t trust the people, he should get moving on that pronto.

It’s Time for a Diverse Judiciary

In today’s Judiciary Council report, the demographic details of the bench were not altogether impressive:

“The Judicial Council report reveals that white trial and appellate judges now account for 72.3 percent of the judiciary, down fractionally from 2010 but up from 70.1 percent in 2006. At the same time, however, the report shows gains by every other ethnic and racial group, as well as by women, who are now nearly 31 percent of judges, including a brand-new chief justice, Tani Cantil-Sakauye.” (SacBee)

The judiciary needs to become more representative as soon as possible.  Most importantly, it increases the legitimacy of the courts within all communities.  Diversity gives us all a sense of ownership of our justice system, and grants legitimacy to the system.

Governor Brown will have an opportunity to increase that diversity on the Supreme Court, as Justice Moreno officially retired this week.

Increasing the Tobacco Tax on the June ballot?

As Governor Brown continues to fight to get some sort of revenue measure on the ballot, it is also very likely that we will also see a tobacco measure at the same time.  Former Senate President Pro Tem Don Perata and cycling legend and anti-cancer activist Lance Armstrong are aiming to create a roughly billion dollar per year cancer research program.  

“When you walk through the institutions of this state, the potential there is tremendous,” the seven-time Tour de France winner said during a news conference at Cedars-Sinai Medical Center. “Whatever happens and is created, or is invented, or changes in California, goes everywhere …. We will have more and more cancer survivors all over the world.”

The initiative, which would raise as much as $855 million in its first year of implementation, according to an analysis by the state’s legislative analyst, could be placed on the ballot as early as June if Gov. Jerry Brown succeeds in calling a special election to address the state’s budget gap. (LAT)

Of course, as we saw when the last tobacco tax was on the ballot, Big Tobacco is going to fight this voraciously. Last time they spent $66million to defeat it, and you’d expect at least $50 million for this measure.  Having the measure this June might change the voter demographic that the proponents were going for.  However, under state law, qualified measures (which this has done) must go on the next statewide ballot.

So, how will this interplay with Brown’s measures? Well it is tough to say exactly, but as the Times Maeve Reston points out, it will hardly be a good thing for a $50million anti-tax campaign to be occurring at the same time you are trying to pass the sales tax continuation.

Speaking of the tax continuation, it is rapidly becoming clear that the Legislature is actively looking for ways to get something on the ballot without 2/3. Don’t be shocked if the Republican votes never show up.