Tom on the Occupy San Jose legal team sent this out the morning of October 21, 2011:

At 3 am 8 police officers (on overtime?) and 5 police cars arrested and transported to county jail the protestors outside city hall in San Jose.

One person in a wheelchair was cited and released the others were all taken to jail in apparent violation of PC 853.6(i).

More important, all of their belongings were taken by the Police.  Because of cutbacks, the SJPD property room is not open until Tuesday.

IF the individuals taken to the jail are not released today, they will have to stay in custody until at least Monday, and probably Tuesday.  

This was clearly a coordinated, well-thought-out plan. The day was picked (Friday morning) on purpose and the confiscation of the food, money, and tents was no accident.  

Please remember that the city has, on at least two other occasions, allowed people to “occupy” the city plaza area when they have been in agreement with the content of the protestors’ speech. Here, since the city was threatened by the content of the speech, the city has chosen to selectively enforce the ordinance.

The ordinance itself is probably unconstitutional because it does not contain a process for granting a waiver of the fees associated with free-speech rights.

PLEASE DISTRIBUTE THIS MESSAGE. NOTE: THIS IS NOT JUST BEING SENT TO LAWYERS. MEDIA AND OTHER INTERESTED PEOPLE ARE INCLUDED. LAWYERS INTERESTED IN WORKING ON THE CASE, CONTACT ME OR THE OSJ LEGAL TEAM AT MY OFFICE:

Daniel M. Mayfield

Carpenter and Mayfield

Phone (408) 287-1916.  Fax (408) 287-9857

To: Assemblymember Sam Blakeslee

Fax: 916-319-2133

Subject: We all live in Sam Blakeslee’s district

Dear Mr. Blakeslee,

In 2006, a young blogger wrote “We all live in Richard Pombo’s district.” He went on to explain that, because of his anti-environmental stance, everybody in the nation had an interest in Richard Pombo’s bid for reelection in California’s 11th congressional district. The post was widely reproduced and money poured in from across the country for Mr. Pombo’s opponent, Jerry McNerney. Phonebanks sprang up across California to support Mr. McNerney. People from all over Northern California went to his district to canvass voters. And my friends and I formed the core of his campaign staff.

With no prior political experience, Mr. McNerney defeated Mr. Pombo and serves in Congress today.

Today, we all live in Sam Blakeslee’s district.  

The world has seen how the decline of the U.S. economy impacted countries around the globe. As one of the largest economies in the world, the continued collapse of the California economy could imperil the fragile recovery. And your continued refusal to participate in a balanced budget solution for the state could precipitate that very collapse.

Without popular revenue increases like oil severance fees less than those charged in Alaska, or increased taxes on the wealthy equivalent to the rates charged under Governor Wilson, our state faces an untenable economic situation. With the cuts proposed by Governor Schwarzenegger, we stand to lose federal matching and stimulus funds that bring in as much as $9.00 for every $1.00 of state spending. We stand to lose state parks that bring in $720 million in business revenues in my county alone, and billions statewide. With your continued refusal to roll back the $2.5 billion in tax breaks for the six largest corporations in California-tax breaks you and your Republican colleagues extorted from the Assembly in last year’s budget negotiations-California faces cutbacks in essential services other businesses depend on.

As a business owner myself, I am much more concerned with good roads and adequate police and fire protection than I am about state tax rates. I am much more concerned that other businesses I depend on for services are able to survive than I am about a few paltry fee increases. I care a lot about whether the economic climate in the state will allow my clients to grow and thrive so that they will use my services. That is much more important to me than whether or not I will have to collect sales tax for them. Polls show that other business owners and managers agree with me, and not with you and your Republican colleagues.

The facts show that your economic arguments are lies. Nobel Prize-winning economist Joseph Stiglitz has shown that states with higher tax rates have not suffered more in the recession. Instead they have done as well or better. Facts prove that California does not have higher tax rates than other states. Instead we rank somewhere in the middle. I am tired of your lies. I am tired of your budget bullying and your refusal to consider sensible solutions to California’s budget problems.

And I am going to do something about it.

I have heard that you intend to run for Senate District 15 at the end of Senator Maldonado’s term. As I’m sure you know, Santa Cruz County is part of that district. I serve on the Democratic Central Committee in that County. I promise to recruit a candidate to run against you, and to make sure you go down to defeat. As I’m sure you also know, President Obama won in SD15, so this is not an idle threat.

But I won’t do it alone. The people who helped defeat Richard Pombo are still active. And, like me, they now all live in Sam Blakeslee’s district.

Sincerely,

Chris Finnie

Member, Santa Cruz County Democratic Central Committee

I wanted to share a couple of thoughts with Calitics readers about my experience running for chair of the California Democratic Party.

First, I really did mean it in my speech on Saturday when I said most of the good ideas were on the floor of the convention. Of the 12 points I presented in that speech, a couple were mine. A few came from things I heard at central committee meetings or regional events I attended across the state during the campaign. In some cases, they were things political friends of mine suggested, or even stuff I read on blogs and listservs. One friend of mine at the convention called it crowdsourscing, another fellow said it was the essence of democracy, and a third observed that that’s what representatives are supposed to do–listen to their constituents. Of course they’re all right. But the point is, all you have to do is show up and listen. We have a lot of bright, experienced people in the Democratic Party in California. They have a lot to teach us.

The other thing people kept telling me is that I was so brave to do this. Anybody who knows me can tell you I’m not an inherently brave person. Foolhardy on occasion perhaps. But I was so nervous on Saturday that my son had to type the changes to my speech because my hands were shaking. What motivated me was the belief that what I was doing was important, and that’s not much different than most of the people who do extraordinary things in our party every day.

I told a bunch of people on Sunday that I expect them to run for something at the next convention. And, if they did, they’d have my vote.

I meant that too. I believe that anybody can do it. It helped that I work for myself and so have flexible hours. But that also means I have no steady income and an inherently erratic workload. So I still maintain anybody can do this.

And a lot of people should.

It would shake things up. Get more ideas out on the floor. And open up the Party.

I was talking to a new regional director on Sunday. She’d been honored on Saturday night for setting up a paid voter-registration program in her county. She and a friend decided to do it she told me. So they put together a plan, raised money, hired staff, and registered a lot of voters. When I said “Wow!” she shrugged and said, “We thought it needed to be done. Nobody else was doing it. So we did.”

She didn’t let people tell her she needed more experience, should leave it to the professionals, or that it was too big a job for her. She saw something that needed to be done, and she did it. I tried to do much the same thing. If we can do it, so can you. And I hope you do.

Recently, the first Vice Chair and Controller of the California Democratic Party joined a California Assemblymember to call for delegates to “help us rewrite the rules and make common-sense reforms….” They have proposed to change to one rule of the California Democratic Party.

I applaud their call for reforms. I support their call for rules changes to accomplish that reform. But, though the change they propose is an important one, it is hardly enough. Here are some other ideas that would actually bring the greater accountability these reformers call for:

1. A new Statewide Strategy Committee would work with the CDP Political Director, the Vice Chairs, representatives from Democratic elected officials, and county central committees to develop a statewide strategic plan to win upcoming races. It would also target swing races based on competitive criteria, including vote history and voter demographics. The Party would perform polling in selected districts to further refine our targets.

2. The Chair and Executive Director develop the coordinated campaign plan in conjunction with Regional Directors and a new Campaign standing committee. This Committee will also work with Regional Directors to develop candidate training programs statewide. Training will include how to develop a campaign plan, a website, and a fundraising plan

3. The Voter Services Committee will be tasked with developing a tactical voter-registration and volunteer-building plan, based on the strategic plan. The committee will develop specific targets for each region in the state, with particular emphasis on swing areas targeted by the statewide strategic plan.

The committee will work with the staff Political Director and the Regional Directors to implement the plan statewide, and will make detailed quarterly reports to the Executive Board.

4.  The mission of the Organizational Development Committee will be expanded to include training and support for chartered organizations so they can more effectively participate in campaigns, with an emphasis on areas targeted by the strategic plan. This training will also be a vehicle to acquaint local organizations with the strategic plan and state Party resources, and to disseminate best practices throughout the state.

Organizational Development will also collect information about resources available and needed by local Party organizations through an annual survey that evaluates existing tools and programs. Chartered organizations and county central committees will complete this survey.

5.  A new Fundraising Committee will work with a staff Fundraising Director to develop a fundraising plan, do major donor outreach-and small donor development. The staff Finance Director will work with the committee to implement the plan, with numerical goals for each donor base. The Finance director will hire experienced staff to support development of each category of donor outreach. The committee will make quarterly reports to the Executive Board on fundraising targets and results.

6.  Regional Directors will appoint members of state party standing committees for a term of two years. Each region will be able to appoint one member to each committee. Members will then elect a Chair and two Vice Chairs for each two-year term.

7.  To encourage attendance at regional events, statewide party officers such as Vice Chairs, Secretary, and Controller will be reimbursed for mileage and hotel costs when attending events outside of their own region. Committee Chairs and Vice Chairs may also be reimbursed for attending  events  in support of one of the tasks assigned to their committee.

8.  The California Democratic Party will establish and maintain an accurate database of email addresses for all delegates, regional directors, and central committee chairs to facilitate two-way communication between them.

9.  The Party will establish a password-protected section of the website where it will post training documents, videos, and podcasts. It will also establish a section to enable various Democratic organizations and counties to share best practices. Strategic plans, coordinated campaign plans, financial reports, and other documents that facilitate statewide coordination will be posted online in this password-protected section of the Party website for easy dissemination to relevant organizations and officers.

10.  The California Democratic Party will institute a new standing committee, called the Special Technology and Campaign Infrastructure Committee. With members from the Computer and Internet Caucus, Executive Board members, the Campaign Committee, and members of the community with expertise in evaluating campaign technology-this committee will recommend effective technology tools and report these to the Vice Chairs and the Regional Directors for review and approval. The committee will also take into account feedback from the annual Organizational Development assessment results. Volunteers from the Disability Caucus will evaluate any tools and technologies for accessibility.

The Political Director of the party will be responsible for working with the Technology Committee to oversee implementation of the plan, with competitive bids from contractors. The CDP will not award any contract without a competitive bid process, and approval by the committee. Nor will any funds be disbursed until tools are deemed accessible.

The Party will implement a “search” function on the CDP website to facilitate easy access to information and tools online.

11.  The party will initiate a survey of skills and experience and establish a database of volunteers who are willing to use these in the service of candidates and issues campaigns. Volunteers will specify how many hours they are available, geographic or other limitations, and what types of activities they are willing to work on. This database will be maintained by CDP staff and available to campaigns and organizations that have been chartered or endorsed by the CDP.

12.  An addition to Section 4 of the existing bylaws, AGENDA:

c. A detailed agenda shall be available to members of the state Party in a password-protected section of the Party website at least sixty (60) days before a statewide convention or Executive Board meeting and will include agenda for caucuses and committees. Members may request additions or changes to the agenda in writing until thirty (30) days before the scheduled meeting. Changes will be submitted to the Executive Director either by mail, or by email.

It is time for all of us to look at the rules and bylaws of the California Democratic Party. We need to find ways to open up the decision-making process, to facilitate information and skills sharing, to ensure transparency and accountability, and to make this truly a state party–rather than one that is run by a Chair and Executive Director with little oversight by the rest of the Party. Delegates, Executive Board Members, Regional Directors, and other statewide officers are duly elected members of the Party who must have rights and who must assume responsibilities. As chair, this is much of the work I hope to do.

Chris Finnie, candidate for chair of the CDP

In Sunday’s San Francisco Chronicle, Sr. Political Reporter Carla Marinucci writes about the race for chair of the California Democratic Party:

“Even as the Democratic Party rides an Obama-fueled wave of youth, enthusiasm and “change,” the Democrats of California look to be bucking the trend: They’re preparing to elect former state Senate President Pro Tem John Burton, 77, the iconic, battle-scarred veteran of state politics, as their party leader.

It’s a move not without controversy: The powerful former legislator, who first held the job of party chairman 36 years ago, is to his fans a colorful idol of progressive politics and to his critics the very symbol of old school, insider machine politics.”

The article goes on to paint Senator Burton’s election as nearly inevitable. But the comments are fascinating. In 6 pages of comments I read this morning, two supported Senator Burton. The rest were pretty consistent–the CDP needs to stop recycling retired politicians to lead the party. One poster wanted to know if this meant disco was coming back too. As hilarious as they were, they pointed to a pretty disturbing perception among California voters–that the CDP is resistant to, and even actively hostile to change.

Marinucci also points to a possibility that others have noted, saying “Republicans watching the show say Burton’s election would provide them with plenty of material for attack.

“It’s the party of clogged arteries,” says GOP consultant Kevin Spillane, who advises GOP gubernatorial candidate Steve Poizner. “They’re going to be led by survivors of the 1960s and 1970s, when people are looking for 21st century solutions.”

But Barbara O’Connor, professor of political communication at Cal State Sacramento, says “I think it is an homage to long years of public service and friendship. Many people owe him their careers, their electability … and it’s payback time,” she said.

While “his demographics are not similar to Obama’s,” he has a constituency that is key, she said: “He brings labor solidly behind him – and the old party guard.'”

And she is exactly right. That’s who will be in charge of the CDP–labor and the old party guard. As Marinucci points out, that’s an unusual choice when the desire for change was obviously so high. In a year when Barack Obama won California by 24%. When the grassroots activists we depend on all over the state to do the Party’s business all year–between elections and during them–are clamoring for more accountability, transparency, and control.

Is that what California Democrats want? Homage? Or do we want a Party that can be effective? That can support the issues and candidates that matter to us? And a chair that can actually lead our party into this century and the next.

Before I heard about the column, I sent out a second email to CDP delegates about my campaign last night. I’ve been fairly stunned at the response. At the number of people who have taken the trouble to email back to say they’ve heard of me, or heard me, and are going to vote for me.

Like many others, Marinucci doesn’t give my campaign much of a chance. But most people didn’t think Americans were ready to elect a black man as president. Few people believed Jerry McNerney could win a seat in Congress. But I worked in Jerry’s campaign, and he never doubted it.

One lady today asked me if I would appoint her to the state standing committee she currently serves on after I was elected chair. Maybe she’s just being nice. But maybe in an era where a wind engineer can go to Congress and a black man to the White House, the CDP can stop electing members of the old guard as chair.

One commenter to Marinucci’s story said he nearly snorted his corn flakes when the story painted me as the defender of California’s youth. At 59 myself, I am a pretty unlikely champion for the future. But my vision for the CDP is vastly different than John Burton’s. My dedication to change is what has kept me going through a physically and financially taxing campaign. And my commitment to the California Democrats who answer my emails and come up to talk to me after central committee meetings is what keeps me going.

Change is possible. If only enough state central committee members believe in and vote for it on April 25.  

A man asked me at the region 6 meeting on Saturday what I thought Democratic values are. I didn’t give him a very good answer, but I keep thinking about the question and would like to attempt a better one–because it is something I’ve thought about, because it’s the reason I’m working with the party.

It’s pretty obvious who the Republicans represent: the rich and the religious right. The rest of us are irrelevant to them. In fact, I think they’d be pretty happy if we just all fell off the edge of the flat Earth some of them still believe in.

That leaves the rest of us two options: the Democratic Party or a third party. Since our system is structured to make it difficult for a third party, that leaves us with the current two. Since I’m clearly not part of the GOP demographic, the Democrats seemed like my best option. But I can’t say the party was exactly representing the values I wanted it to. So here’s what I think Democratic Party values should be:

Equality: Of opportunity, in education, to healthcare, to be heard, to justice.

Fairness: In the application of the law, in access to services, in the level of reward for work and creativity.

Liberty: Civil liberties, the rule of law, the sorts of legal protections the Constitution and the Bill of Rights give us.

Democracy: The rule of the people, responsiveness of elected officials to their constituents; regulation of corporations and other special-interest groups that tend to damage our health, liberty, and environment.

There are probably others. But these are some of the big ones I’d like to see the Democratic Party stand for. I apologize to the questioner in Oakland, and hope someday I can tell him this.

More than that, I hope someday the party I work for will stand for all of this and more.  

In the January Assembly district caucuses to elect delegates to the California Democratic Party, many people reported that union members showed up to support delegates running on a slate for Senator John Burton for CDP chair. Many of these delegate candidates were also union members. I spoke to several of these union members running for delegate at my AD caucus. Both seemed like fine people. Clearly they were dedicated union members. Neither of them were Democratic activists. They had no links to or experience with the party. But, in my district, both are now delegates–or, officially, members of the state Democratic central committee.

I am a firm supporter of bringing new people into the party. But I find this development disturbing for several reasons.

First, in other districts, these new delegates forced out dedicated Democratic activists who have contributed substantially to the state party. The people who voted for them did not do so because they cared about the future of the party, but because their unions asked them to.

Second, these “slate” delegates got elected for only one reason–to vote for Senator Burton for chair. Once they have cast their vote, will they contribute anything to their local party? Or to the state party? Or will they simply disappear, having performed the task their union asked them to? I fear the latter.

We elected one new delegate in my district that I supported enthusiastically. A college student, she is the president of the College Democratic club at her school. She is an energetic volunteer in her county party. And just the kind of new voice the California Democratic Party needs.

But Senator Burton and his labor allies have used the recent delegate elections to achieve their own goals–not to bring new activists into the party. In so doing, they have deprived the party of the commitment and experience of the delegates their “shills” displaced, and of the opportunity to bring in more dedicated activists like the College Dem from my district. The lack of these true Democratic activists in our state party could damage our ability to operate effectively around the state for years to come.