Category Archives: Jerry Brown

Illinois Ends the Death Penalty-a Wake-up Call for California

The end of Illinois’ death penalty comes at a time when more and more people express the view that the death penalty is ineffective, costly, and unjust. A slew of recent editorials and opinion pieces have highlighted the enormous problems with the death penalty in California in particular.  As these editorials and op eds show, it is time for California to cut this: the death penalty.


An editorial recently published in The San Jose Mercury, Pasadena Star News, Long Beach Telegram, and other papers, calls on Governor Brown to convert all death sentences to life imprisonment without any possibility of parole to the death penalty, to save the state $1 billion over the next five years. As these editorials point out, the money now wasted on the death penalty could be better spent to fund education and invest in public safety. Yet, at a time of financial crisis, the Governor and lawmakers are instead choosing to cut public safety, as well as healthcare and education, while remaining on track to spend $1 billion on the death penalty in five years.  


“This,” the editorial says, “is fiscal insanity.”

Concerns about the number of innocent people sentenced to death also continue to grow. Many editorials praising Illinois for ending the death penalty, including one by the Register Guard of Oregon, noted that at least 20 people had been wrongly sentenced to death in that state alone.  A recent editorial in the LA Times observes that many other states, including California, have also mistakenly sentenced innocent men and women to death.  An editorial published in the Vallejo Times-Herald elaborates:

In just the five states that have abolished capital punishment in the last quarter century, 27 innocent lives were spared when it was learned they had been wrongly convicted. There's no way to determine how many were wrongly killed by the state.

More disturbing is that in the 34 states that still have the death penalty, more than 100 Death Row inmates have been freed. …

DNA, while an effective exoneration tool, is not helpful in many cases where such evidence plays no role. We don't know how many condemned inmates who proclaim their innocence actually are, but the system's inherent flaws indicate the strong possibility they exist. Any system that permits even one innocent man to die should be abolished.

California’s death penalty is also a hollow promise to victims. Because we don’t want to execute an innocent person, courts carefully review each death sentence, resulting in a long and cumbersome process that takes, on average, 25 years. As a result, the family members of murder victims are dragged through decades of painful court proceedings that, 99% of the time, do not end in an execution. Recently, the LA Times published an editorial written by retired Superior Court Judge Donald McCartin.  McCartin, who presided over 10 murder cases in which he sentenced someone to die, said:

I am deeply angered by the fact that our system of laws has become so complex and convoluted that it makes mockery of decisions I once believed promised resolution for the family members of victims.

The only way to end the charade, McCartin concluded, is to end the death penalty:

It's time to stop playing the killing game. Let's use the hundreds of millions of dollars we'll save to protect some of those essential services now threatened with death. Let's stop asking people like me to lie to those victim's family members.

Aqeela Sherrills, whose son was murdered, and Judy Kerr, whose brother was murdered, echoed these sentiments in recent op eds. Noting that the state has cut funding for victims services, while maintaining spending on the death penalty, Kerr said:

There must be room for justice for victims in our budget. The death penalty is not where we will find it. Real justice comes from protecting each other and helping victims rebuild their lives after the devastating loss of a loved one. Instead of cutting funding for victims' services, cut this: the death penalty.

Illinois rightly concluded that the death penalty cannot be fixed but must be replaced with life without the possibility of parole, and redirected the money that had been wasted on the death penalty to victims’ services and law enforcement.  Ask Governor Brown to do the same: cut the death penalty today.
Natasha Minsker is death penalty policy director for the ACLU of Northern California.

Maybe We Should Have Gone With Meg…Jerry Exposes His Lack Of Funds

During the campaign, folks (including me) were ridiculing Meg Whitman for flashing her cash around to do her job (which was then campaigning).  

Maybe I spoke too soon.  Maybe Meg Whitman could have opened up her gigantic wallet and exposed something more than that $26 Jerry seems to have in his wallet.

More seriously, you have to give Brown credit for speaking honestly.  Whether people are even paying attention is a different question.

Disagreement on Strategy?

It’s no secret that not everybody in the Democratic institutional organizational front has been totally on board with Gov. Brown’s plan on the budget.  But until this point, dissent has been quiet and not out in the media.  The President of the California Teachers Association changed that recently:

“I believe that as much as our governor has been extremely transparent and honest in doing what he told folks he’d do – which is let the people decide – it’s too late for that,” Sanchez said in a phone interview. “Once you put it on the ballot after June, it’s no longer an extension, it becomes new taxes. And once they’re new taxes, the people won’t support that. I think the Legislature ought to do that themselves.”(SacBee)

Now, Sanchez makes some good points here.  He is correct on the ballot prospects. Most of the polling that I’ve seen shows a very difficult passage for a measure that is merely a resumption of the former taxes rather than just an extension of the Arnold Schwarzenegger increases.  It could probably be done, but it would take a fair bit of money to make it happen.

On the other hand, passing the taxes in the Legislatures is “merely” a matter of getting two Republican votes in each house.  That would be something approaching a Herculean task in the current climate.  It would mean finding legislators who were unwilling to even put it on the ballot who would want to actually pass the taxes.  Perhaps it happens as the all-cuts budget becomes the nightmare that it will eventually become, but the odds seem long, perhaps longer than passing a tax measure on the ballot.

Sure, Brown would have to ditch his campaign promise, but those things happen.  Regrettable perhaps, but political realities make for difficult choices.

But, perhaps this is a more reasoned play (and not really all that troubling to the Brown administration) than you might initially suspect.  This is a far better bargaining position than what Brown started off with of only getting Republican votes for a ballot measure. Why not demand more from them?

Going back to the ballot, whether through the initiative process or the Legislature, really isn’t looking all that attractive.  And that’s the reality that CTA and others are looking at.  Eventually, sometime this spring, some consensus will have to form on a plan to move forward, but that just needs a bit more hashing.

Campaigning So Soon?

Well, we had an election six months ago, and we’re not going to have a special election anytime soon, but members of both parties are out and about making their case to the people:

Brown will visit an elementary school today in Riverside and a California Cadet Corps celebration Saturday in Los Alamitos. Both are in Republican legislative districts represented by senators who negotiated last month with the Democratic governor.

“The governor has spent a lot of time in Sacramento so far trying to allow people to vote on tax extensions,” said Gil Duran, Brown’s press secretary. “Those efforts have been blocked by Republican obstruction, so now he’s going to talk directly to the people.”

Republican and Democratic lawmakers said Thursday they are also launching road efforts to drive home their points.(SacBee)

Of course, this game plays both ways as the Republicans are launching a few salvos and spreading the word amongst their base.  Bob Dutton called out the Governor for appearing in his district to talk budget issues.

I’d expect this to last a few weeks as the parties jockey for position before a potential Brown-supported budget initiative got started.  I hope to get to one of these forums, and if you happen to stop at one, let us know how it goes.

Brown Signs Last of Slashing Budget Bills

Jerry Brown signed all but one of the budget bills a while ago, but he’s been hanging on to the prison realignment bill for a while.  There were a bunch of reasons of this, but Brown’s team never got around to saying any of them.  Well, he went ahead and signed it:

Democratic Gov. Jerry Brown signed a bill late Monday that aims to make a key part of his budget proposal a reality — AB109, which authorizes the transfer of thousands of state prisoners to local jails (and also shifts various other criminal justice functions away from the state and down to the county level).

One problem: Brown planned to fund the measure with tax increases and extensions — you know, the ones vehemently opposed by Republicans. The governor had hoped to put those taxes before voters in June, but threw in the towel last week after being stymied by that GOP opposition.(SF Chronicle)

So, yeah, the biggest reason for the delay would be that the state hasn’t made any provisions to fund this transfer.  But, no matter how the deal goes down, it is tough to imagine that Brown can balance the budget without this component.  And I can’t imagine the legislature, even if it is just the Democrats, would really want to vote on this measure for a second time.  So, Brown went ahead and signed it.

Ultimately, what this says to me is that Brown hasn’t given up on this realignment/tax extensions plan.  He has a few months before the taxes expire, and as of yet, we’re still waiting for signature gatherers on the streets.  If the Governor is aiming for a November election, the time line is getting rather short to go the way of the initiative.  Not desperate yet, but we would expect to see something soon.

Republicans Demand Expansion of Minority Veto to Pensions and It’s on Like Donkey Kong



Warning: This diary may contain YELLING at Bob Dutton and criticism of Republicans that might hurt legislators’ feelings. If you are a Republican sufferring from male menopause, please strap yourself securely into your fainting couch.

When Jerry Brown offered a pension reform plan on Thursday, Bob Dutton responded with his newest ransom note. Most tellingly, he demanded that the people be allowed to vote to expand the Republican minority veto..

Senate Republicans believe taxpayers should be protected by a 2/3rd super majority vote of the Legislature to change the salary and benefits of public employees.

Republicans are now admitting that they they are so impotent and their party is so damn unpopular that they don’t expect to every be a majority party again. Instead, they want one more constitutional amendment to give them one more minority veto in the legislature. Maybe, just maybe they can hang onto one house for a few more cycles.

These are the same Republicans who prevented Californians from  voting in June to extend taxes by a majority vote.  And the tax extension wasn’t permanent, but instead had a sunset date.

It’s interesting that Dutton prefaced his new ransom list with polling results, confirming that Republicans understand that pension-bashing is the only issue where they have any support from California voters. Without this issue, their platform is extraordinarily unpopular with Californians. As a state, we just don’t believe in their program of bashing immigrants, despoiling the environment, destroying public education in favor of private charter schools, and more tax breaks for banksters, the ultra-wealthy, and the corporations that have been exporting our jobs.

Dutton’s statement didn’t indicate that even acceding to his outrageous pension reforms demands would gain him any more votes for putting tax extensions on the ballot. He still may demand his entire ransom list grew of 53 items including big issues like gutting environmental laws. another permanent budget cap in the state constitution, and protecting tax cuts for giant multi-national corporations at the expense of small business.  That ransom list kept going, restoring $23 million in funding to rural state fairs,changing the date of the Presidential primary, protecting property tax breaks for agribusinesses, and preserving the waste and corruption in redevelopment.

Yo, Dutton, EVEN SOMALI PIRATES NEGOTIATE.

With or without Republicans, Brown will pass pension reform.

It’s on Like Donkey Kong

It’s time for Jerry to call his bluff, and let him start getting signatures. But for every initiative the Republicans propose, we need to put out two.

CFT has done polling and is ready to launch a 1% on the 1% tax inintiative, raising taxes on the wealthiest 1% by 1%. (Brilliant move, CFT).

Why not tap into the same populist anger against the bansksters and ceonistas and add a similar initiative that would restore the estate tax in California on the richest 1%, with the money going to support transportation? (No new toll roads, either)

With $4.00 gas, let’s go after the oil companies with an extraction tax specifically to support higher education.

And let’s step up and put a plan to modernize prop 13 on the ballot. Instead of driving seniors from their homes by cutting vital home health services, why not let billionaires like the Irvine Company’s Donald Bren pay the same percentage property tax as the poor schlub who buys one of the Irvine company’s houses.

And finally, let’s follow through with Brown’s plan to devolve more government to local authority like he promised. This is the best way to make the anti-tax districts of Republican legislators really pay for their anti-tax votes.

Sen. Dutton Upset that Gov. Brown’s Wife “Yelled at him”

Nope, not an April Fool’s joke.  Anne Gust, who has always been a powerful advisor to Jerry Brown since they met back in the early nineties, doesn’t really suffer fools.  Apparently, she wasn’t really liking what she saw out of Senate Minority Leader Bob Dutton.  Dutton went crying to the media:

Dutton said first lady Anne Gust Brown “yelled” at him in one meeting with the governor last Wednesday over a lack of cooperation.

“Frankly, I was yelled at more than I was talked to,” Dutton said, “and mostly by Mrs. Brown, not even Gov. Brown.”

Brown press secretary Gil Duran blasted Dutton later.

“And the dog barked at him, too,” Duran said. “Big girls don’t cry. The real issue here is the fact that schoolchildren, the elderly and the poor are going to be crushed if these reckless Republicans don’t get their act together and make a reasonable deal for the good of the people. Given the magnitude of the situation, we really don’t have time for Bob Dutton’s feelings.”(SacBee)

Is this supposed to make Californians like him better? Respect Jerry less? What? I’m just not sure what the gain for Dutton is with this story.

At any rate, at this point it doesn’t even seem to matter.  Jerry is working on addressing some of the issues in the ransom note in his own manner, and just leaving the Republicans behind.  Some of the issues need to be addressed, and others are something of a red herring trumped up for political reasons. As for the budget, it looks like we’ll be heading for a bloody May revise through the traditional budget schedule.

Jerry Brown Opens a Can of Pension Reform Whoop Ass

As we wrote earlier today,

Anger about overly generous public employee pensions is the only single issue where the Republicans’ messaging polls well.

Without pensions as a rallying cry, Republicans are left with a series of positions that are wildly unpopular with Californians.

As reported in Sacramento Bee, Jerry Brown is taking this issue off the table by proposing the package of pension reforms that he has already agreed to with Republicans.

State workers will howl, especially the public safety unions,  but it will avert a much harsher Republican initiative which is designed to cripple public employee pensions.

Republicans sacrificed their place at the table, and now we will see how Republican legislators play their game as petulant spoilers opposed to everything. They didn’t want to agree to eliminating waste and corruption by eliminating redevelopment and enterprise zones.

Will Republicans really have the gall to oppose pension reforms?

For the Governor’s press release click “read more”.

3-31-2011

SACRAMENTO – Governor Edmund G. Brown Jr. today released the actual bill language of seven separate pension reform measures.

In addition, Brown listed five other specific pension reforms that he is developing. These include a pension benefit cap, limits on post-retirement public employment, hybrid defined contribution/benefit options, an action plan to address CalSTRS unfunded liability, and a measure to change and improve the board governance of CalPERS and CalSTRS.

All 12 of these pension reform measures were presented and discussed in detail with Republican legislators. Talks broke down, however, over other issues.

Brown intends to introduce these pension reforms with or without Republican support.

Information on all twelve pension reforms is available below.

For bill language, please email [email protected].

PENSION REFORM PROPOSAL

APPLIES TO STATE AND LOCAL GOVERNMENTS

MARCH 2011

1. Eliminate Purchase of Airtime. Would eliminate the opportunity, for all current and future employee members of all state and local retirement systems, to purchase additional retirement service credit. (RN 14777) (Note Walters, SB 522, would eliminate Air Time)

2. Prohibit Pension Holidays. All California public agencies would be prohibited from suspending employer and/or employee contributions necessary to fund the normal cost of pension benefits. (RN 14777)

3. Prohibit Employers from Making Employee Pension Contributions. All California public agencies would be prohibited from making employee contributions that fund the normal cost of employee retirement benefits in whole or in part. (RN 14777)

4. Prohibit Retroactive Pension Increases. All California public agencies would be prohibited from granting any retroactive pension benefit increases, such as benefit formula improvements that credit prior service. (RN 14777)

5. Prohibit Pension Spiking: Three Year Final Compensation. Final compensation for new employees would be defined as the highest average annual compensation during a consecutive 36 month period. (RN 14777)

6. Prohibit Pension Spiking: Define Compensation as Only Regular, Non-recurring Pay. Compensation means normal rate of pay or base pay. (RN 14777) (Note Simitian, SB 27, would exclude from defined benefit changes in compensation principally for the purpose of enhancing benefits; would place stricter limits on creditable compensation)

7. Felony Convictions. Prohibits payment of pension benefits to those who commits a felony related to their employment. (RN 14777) (*Note Strickland, SB 115, similar prohibition)

PROPOSALS UNDER DEVELOPMENT

Impose Pension Benefit Cap.

Improve Retirement Board Governance

Limit Post-Retirement Public Employment

Hybrid Option

Address CalSTRS Unfunded Liability

R.I.P. Any Hope For a Functional Budget System. Gov. Brown halts budget talks

I’ll admit it, I’m something of a cynic.  I was always worried about the budget process and whether we would get the 2 votes necessary for the supermajority.  I pretty much knew that the Republicans wouldn’t put straight taxes as an option, but maybe, just maybe, they would consider some sort of deal for an election.

Well, time’s up on that:

Gov. Jerry Brown announced this afternoon he halted negotiations with legislative Republicans over a deal to place taxes on the ballot to help resolve California’s remaining $15.4 billion deficit.

A June election appears to be off the table entirely. Brown is no longer pursuing a two-thirds vote for a June tax election, while Senate President Pro Tem Darrell Steinberg, D-Sacramento, told reporters he will not pursue a majority-vote option, either.

“Yesterday, I stopped the discussions that I had been conducting with various members of the Republican party regarding our state’s massive deficit,” Brown said in a statement this afternoon. “The budget plan that I put forth is balanced between deep cuts and extensions of currently existing taxes and I believe it is in the best interest of California. Under our constitution, however, two Republicans from the Assembly and two from the Senate must agree before this matter can be put to the people.”(SacBee)

The Governor also sent a letter to Republican Senate Leader Bob Dutton asking him to “get working” on something, and to pair his reform requests down to spending cap, pension reform, and “regulatory reform.”  You can view the letter here.  But in the end, I struggle to see how anything gets done at this point without signatures.  It is just unfortunate that now we’re going to have to wait to get that done.

This is truly a bad day for California, and a sad statement for our government.

Obama, Brown, and the Budget

Peter Schrag has a column in the Bee that is an interesting comparison of Gov. Brown to President Obama:

What is a little surprising is that Brown, surely aware of what the Republican minority in Congress did to Barack Obama in the first year of his presidency in 2009, would allow himself to be played in very much the same way.

Yes, Brown is up against the constitutional requirement, enacted with Proposition 13 in 1978, that tax increases may be enacted only with two-thirds majorities in each house of the Legislature. He thus needs a couple of GOP votes in each house. But by now it should have been clear that all the talking with the five Senate “traitors” who’ve sat down with the governor was going nowhere.(SacBee)

Really, from day 1, the Republicans haven’t been negotiating in good faith.  They’ve been dragging their feet, trying to either get permission from their anti-government overlords (that wasn’t going to happen) or just delay long enough to make the people of California distrustful of any plan that comes out of Sacramento.  In fact, Joe Nation sums this up well in an op-ed in the Chronicle:

What is strange about the current debate is that it is not about taxes but about voter choice. Even more bizarre, it contradicts the state GOP’s position as stated on its website: “Republicans believe individuals should control both their own and their government’s pocketbook – the people should authorize all tax increases.”

In short, the people should authorize all tax increases. We just shouldn’t give them the opportunity to authorize them.

That convenient position may permit some lawmakers to avoid the political death penalty. But in its place, lawmakers are imposing a civic death penalty on voters, who no longer have a choice on the kind of California in which they choose to live.((SF Chronicle)

The Republicans live in an ever-present state of terror with their base.  Might this change with top-2 and the lack of a true primary? Well, perhaps but not likely. As we saw with the special election to replace Dave Cogdill in SD-01, there are few districts in California that a Democrat can’t at least come in second place.  So, essentially you have a primary election, with one member of each major party advancing.  Now, that isn’t true in a few Democratic districts, San Francisco and Alameda counties come to mind, and you might find a situation where two republicans advance here and there.  But, fundamentally, it is doubtful all that much will change.

So, we continue to negotiate with ourselves.

On a related note, I was on KPFK’s Uprising Radio to talk about the budget. You can find the audio of that interview here.