Tag Archives: Don Perata

Oakland Police Officers Assoc. attacks Jean Quan with dubious Robocall

Things are getting a bit nasty in Oakland. Four City Councilmembers proposed a budget plan that would cut general fund allocations for several departments. There is a shortfall of at least $31 million. The public safety departments represent 72% or more of our general fund expenditures, so no matter how much other stuff they cut, without cutting police the budget cannot balance. Everyone I have spoken with received a robocall from the police association yesterday, misrepresenting the situation and blaming potential police layoffs on Councilmember Jean Quan. Appears to be connected to a mayoral campaign. Announced candidates include former state senator Don Perata and undeclared candidate Rebecca Kaplan as well as two-term city councilmember Quan. (There are a few other candidates as well.)

4:28 yesterday (Tuesday 6-22-10)

[Lovely male personage calling did not identify self at beginning or end of message:]

“The Oakland City Council is threatening to lay off 200 police officers. This would ___?____ [unintelligible word] their public safety response and place everyone who lives and works in Oakland at risk. A private citizen wrote in a local paper that “it would turn Oakland into a war zone.” The City Council Finance Committee led by Jean Quan has refused to consider other viable options or even to consider making cuts to nonessential city services. Please call Jean Quan’s office to protest the layoff of police officers. Her number is 510-238-7304. Let’s work together for a safer Oakland.”

Scare tactics, possibly illegal robocalls, and misrepresentation of the budget proposal. Not likely to improve relationships with the police organization.

California Can Still Lead the Nation: Legalize Cannibis

Before I start this post, I should put this out there: I’m a nerd. Always have been, always will be. My experience with marijuana is limited to a couple of times in college and an accidental brownie in Golden Gate Park.  That being said, the statistics and research all say one thing: Marijuana is Safer than alcohol. (Again, square alert, I drink one beer a week at most and I’m tipsy at the first sniff of alcohol.)

We mentioned in an open thread a few days ago that there were a couple of initiatives that have been approved for circulation to legalize mariujana.  And one of these measures now looks like it might have some momentum behind it.

In a rather smart move all around, former State Senate President Pro Tem Don Perata has joined the effort to tax and regulate marijuana.  As a candidate for Mayor of Oakland, this can’t help but be an asset in the campaign. After all, the voters in the City of Oakland recently passed a measure to tax marijuana by a vote of 80%-20%.

Given the poll numbers showing such a measure passing by about 10 points now, this certainly has a shot at passing. While the state laws would be superceded by the federal laws, the statement alone would result in a push for bringing the conversation up in DC.  If this can get on the ballot, this might be an interesting item to watch.

Don Perata on Oakland Airport Connector: “Too much money for too little transit”

( – promoted by Brian Leubitz)

(Cross posted at Living in the O.)

Last week, Don Perata joined the effort to stop the wasteful overhead Oakland Airport Connector (OAC) by sending a hard-hitting letter to Metropolitian Transportation Commissioner and Alameda County Supervisor Scott Haggerty. On July 8, the MTC will be voting on providing even more funding to the OAC from Regional Measure 2 funds, and Perata is not pleased about this:

As the author of SB 916 – which placed regional Measure 2 on the ballot-, I must oppose the Oakland Airport Connector project. In short, the proposal is too much money for too little transit and economic value.

While the connector was included in the menu of RM2 transportation projects, that election was in 2004. The world has since changed dramatically. And so has the project. In 2003 when the project was proposed, only $30M was needed to complete funding for the $230M connector. In fact, we told the voters (in the ballot pamphlet) that this was “the final portion of funds needed for direct BART service” to the airport. Project costs have now increased by over $300M and the RM2 dollars needed have quadrupled. Even more damning, the ridership predicted in 2003 has fallen substantially from 13,540 to fewer than 4500 by 2020. This fails any cost-benefit analysis on its face.

Advocates have been making these arguments for months, to the MTC, BART, and the Port Commision, and most of our pleas for reason have fallen on deaf ears. But I'm hopeful that these elected officials will find it more difficult to ignore the former State Senate Democratic leader and the likely future mayor of Oakland.

Perata continues:

Elected representatives everywhere act as consistent with today's realities; we cannot conduct public affairs as if the weak economy is simply a market correction. There is less tax dollars available and more competition than our generation has ever known. This requires strong fiscal discipline and hard choices. Whether the money comes from taxes, tolls or fees, it's the same pair of pants, only different pockets!

I am unconvinced an Oakland Airport Connector is the highest and best use of available transit money – even assuming potential millions from the federal government stimulus program. Washington bureaucrats don't know any better; we should.

In the coming weeks, the Port Commission, MTC, the Oakland City Council, and ultimately BART will all have opportunities to prove that they do know better.

Today, the full Port Commission will vote on taking the first step on funding the OAC to the tune of $44 million. (Two weeks ago, the Aviation Committee of the Port Commission voted to move move the OAC funding issue onto the full committee, and then for some reason the full commission delayed the hearing.) Just as BART has gone back to MTC again and again for increasingly larger amounts of RM2 funding, they have asked the Port for more and more. The Port has the opportunity to leverage its contribution to require BART to study a rapid bus alternative that would save hundreds of million of dollars.

Then, on Thursday, the Rules Committee of the Oakland City Council will vote on a request from Councilmember Nancy Nadel to bring the OAC project before the Public Works Committee and ultimately the full Council. There are a multitude of reasons that the City Council should review the project again, as dto510 explains:

A lot is at stake for Oakland. On one hand, project supporters claim that it will improve the Oakland Airport area, attracting more airline passengers and perhaps more businesses to Airport and surrounding area. For the reality-based community, however, there are enormous costs to the City of Oakland to moving ahead with the project. ACTIA funds that would otherwise go to East Oakland bike/ped/transit improvements, such as a mooted transit village at the Coliseum BART station, would be lost. The Port of Oakland will have to use funds that would otherwise go to airport renovation and expansion. Regional stimulus funds would go to this instead of to shoring up AC Transit and BART service. And the City of Oakland will lose the opportunity to improve transit service that would serve the workers and businesses in the Hegenberger Corridor, since the RFP for the Airport Connector does not include any intermediate stops. Many of these problems are a result of changes to the project, and many former supporters are now opponents.

Unfortunately, it is possible that OAC proponent and Oakland Councilmember Larry Reid will urge the Rules Committee not to agendize this item because he fears that when the City Council finds out how drastically this project has changed, they will no longer support it. So if you're an Oakland resident, please contact Rules Committee members to ask them to support a public Council hearing on the OAC:

Council President Jane Brunner, District 1
[email protected] or 510-238-7001

Jean Quan, District 4
[email protected] or 510-238-7004

Ignacio De La Fuente, District 5
[email protected] or 510-238-7005

A half billion dollars, affordable access to the Oakland Airport, and so much more are at stake in the OAC project. In the coming weeks, let's hope that our elected officials show as much leadership and reasoned skepticism as Don Perata and save our region from this boondoggle.

Previous posts on the Oakland Airport Connector:

Can Don Perata Return The Money Meant For Party Efforts Now?

Don Perata has been cleared of wrongdoing in an ongoing corruption probe that lasted throughout the Bush Administration and was seen by many as politically motivated.

We have had many problems with Perata, mostly that his terrible leadership contributed to scaring Democrats out of challenging Abel Maldonado and botching the Jeff Denham recall.  If we had a real leader who actually sought to win elections instead of making friends or idle threats, and who was successful on both of those fronts, we would have a 2/3 majority in the State Senate today.  I’m very glad to have him out of the state legislature.  But by and large, corruption issues never made their way into our critique of Perata, and I for one am pleased he has been cleared.  You can read the extremely brief letter from the Acting US Attorney here and Perata’s statement here.

What we did have a problem with was Perata transferring $1.5 million dollars from a campaign account intended to help elect Democrats and push party issues to his own legal defense fund, one day after the election.  The move was not illegal but certainly unethical – if he needed legal defense money he could have raised it for that purpose, and instead he raised money for one ostensible purpose and then used it for himself. (NOTE: Perata also took $450,000 from the California Democratic Party for his legal defense fund as well.)  I was quoted at the time:

David Dayen, an elected Democratic State Central Committee member from Santa Monica, blogged angrily this summer about his party’s contribution to Perata’s legal defense fund, contending the money would’ve been better spent on legislative races. The same goes for Leadership California’s money, he said Wednesday; despite a Democratic presidential candidate carrying California by the largest margin since 1936, Democrats netted only three more Assembly seats and none in the state Senate.

“Every time I asked the California Democratic Party about getting more active and involved in local elections, they said the state Senate and the Assembly control those races … and we don’t have a lot of flexibility. So Perata, at that time, and Nunez or Bass had the authority to run those elections,” Dayen said. “Now we see what happens when you vest power in these closed loops – suddenly self-interest becomes more important than the good of the party.”

He believes this is why Perata didn’t step aside as Pro Tem earlier, as Assembly Speaker Fabian Nunez relinquished his post to Karen Bass in May: “Darrell Steinberg was sitting there ready to go … and we were all like, ‘What the hell is going on?’

“We speculated it had to be that he still needed the leverage to make the calls to raise money for himself.”

So, now that this legal case has wrapped up, let me pose the question – Will Don Perata return the money left in his legal defense fund to accounts intended to elect Democrats?  Both the membership of the California Democratic Party and scores of anonymous donors to Leadership California unwittingly seeded his legal campaign.  If Perata used all $1.5 million between November and today, I’d like to see the receipts; no court case was ever filed, no depositions taken in the intervening 7 months, no movement whatsoever.  Either some lawyers got rich on having donuts or there’s a lot of money left over.  What’s more likely, of course is that Perata will now siphon that money from the legal defense fund into his campaign account for his run to be Oakland’s next mayor.  In the end, it’s all about Don Perata.

That would be a betrayal, and a disservice to those who donated, expecting to help Hannah-Beth Jackson win in SD-19, or to help defeat Proposition 11, the redistricting measure.  There’s not much of a way to contact Don Perata anymore, though I’m assuming his Oakland Mayor campaign will ramp up soon.  He needs to be asked about this pot of money, and why it cannot now be used toward its intended purpose.

UPDATE: Thanks to Josh Richman for updating this:

UPDATE @ 5:25 P.M.: David Dayen at Calitics wants to know if The Don will give back the $1.9 million he diverted from his Leadership California committee – ostensibly created to support Democratic campaigns and causes – into his legal defense fund late last year. (And hey, what about the $450,000 he got from the California Democratic Party?) Fat chance, David… looks as if it’s all gone into lawyers’ pockets by now. At least the Fair Political Practices Commission has now cracked down on these smelly transfers.

I can’t believe he blew through all that money.  Look out, City of Oakland Treasury!  Clearly he was paying off years’ worth of debts with that fund.  Wow.

Sacramento “experts” fail at analyzing Oakland mayoral race

(Cross-posted at Living in the O.)

Yesterday, I checked out Capitol Weekly, as I do every Thursday and was excited to see that one of their weekly features focused on the Oakland mayor’s race. Well, I didn’t stay excited for too long. In “Experts Expound,” they asked a bunch of Sacramento “experts”:

 “Don Perata is running for mayor of Oakland — a job he’s always wanted. Can he beat Ron Dellums? Why or why not?”

As any Oaklander would know, this is an absurd question to ask. Dellums isn’t running! Perata made this clear in his media interviews this week. And if Dellums ran again, Perata would crush him – it would be embarrassing.

After getting over the fact that this question was basically pointless, I browsed through the answers, some of which were pretty funny:

He can win.  He’ll make the voters an offer they can’t refuse.

He will have all of those FBI agents following him when he walks precincts. People in Oakland will like this. It is his Posse. Perata wins.

Oakland Punchline – Ron Dellums is soooo bad that even Don Perata can beat him.

And then there was this answer, which was even more out of touch with Oakland politics than the initial question:

It will be close. Dellums has the same name I’d and an equal number of supporters.

Really? Has this person ever picked up a local paper or talked to anyone who lives in Oakland? Or maybe the person who said this has been out of the country for the past two years and missed Dellums’s descent.

Maybe Capitol Weekly and it’s Sacramento “experts” should stick to what they know, state politics, and stay out of Oakland politics. Either that, or they should consult some Oaklanders next time.

Another $400,000

CapAlert reports that on December 5, Don Perata took ANOTHER $400,000 from his unused campaign account and moved it into his legal defense fund.

The latest transfer means the Oakland Democrat has now taken a total of $1.9 million raised in an account earmarked for ballot campaigns and used it to shore up the legal fund he created to fight an FBI corruption probe.

The transfers are legal, though California’s campaign watchdog agency is considering stricter regulations of ballot accounts like Perata’s […]

The FBI has been investigating Perata since 2004, inquiring about his business dealings and those of his family and close friends. Both Perata’s and his son’s homes were raided by FBI agents four years ago.

No charges have ever been filed, though Perata has tallied up more than $2.1 million in expenses fending off the investigation.

His defense fund was $250,000 in debt as of the end of September, as the former leader faced the unwelcome prospect of being out of office – and without leverage over potential donors.

So Perata has transferred $1.9 million (out of the $2.7 million he had amassed) from the ballot committee to ease his legal debt load.

Once the election ended, Perata had no use for that $1.9 million in his campaign account as a termed-out legislator.  However, there was plenty of use for it BEFORE the election, when Prop. 11 was being outspent 10 to 1 and losing by less than 2 percentage points.

Again, the alibi that he needs this money to fight off a “fishing expedition” from Bush partisans at the US Attorneys office doesn’t scan at all.  Those prosecutors are all resigning in a month.  If he’s done nothing wrong, what use could he possibly have for $1.9 million dollars over the next 30 days?  Or are the expected Obama US Attorneys going to continue this partisan witch hunt?

By the way, the rank and file in the CCPOA is pretty pissed off about what amounts to theft of their political donations.

On PacoVilla’s Corrections Blog, a Web site popular with state correctional officers, one user wrote: “Not only did we (CCPOA) back the wrong horse (No on 11) but now we’re paying for Perata’s corruption defense and from (CCPOA spokesman) Lance (Corcoran)’s comment … it sounds like we’re very happy to be privileged to do so.”

By the way, there’s still $600,000 or so left in that account.  So don’t be shocked when Perata drains that out too.

The Status Quo, Corruption, And Crisis

When Josh Richman, the fine reporter for the Oakland Tribune, called me for comment yesterday on the breaking news that Don Perata transferred $1.5 million dollars the day after the election from an IE account intended to elect Democrats to the State Senate and wage initiative campaigns into his personal legal defense fund, my initial reaction was “I’m not surprised.”  My slightly longer reaction is captured in the article:

David Dayen, an elected Democratic State Central Committee member from Santa Monica, blogged angrily this summer about his party’s contribution to Perata’s legal defense fund, contending the money would’ve been better spent on legislative races. The same goes for Leadership California’s money, he said Wednesday; despite a Democratic presidential candidate carrying California by the largest margin since 1936, Democrats netted only three more Assembly seats and none in the state Senate.

“Every time I asked the California Democratic Party about getting more active and involved in local elections, they said the state Senate and the Assembly control those races “… and we don’t have a lot of flexibility. So Perata, at that time, and Nunez or Bass had the authority to run those elections,” Dayen said. “Now we see what happens when you vest power in these closed loops – suddenly self-interest becomes more important than the good of the party.”

He believes this is why Perata didn’t step aside as Pro Tem earlier, as Assembly Speaker Fabian Nunez relinquished his post to Karen Bass in May: “Darrell Steinberg was sitting there ready to go “… and we were all like, ‘What the hell is going on?’

“We speculated it had to be that he still needed the leverage to make the calls to raise money for himself.”

I want to expand on that.  The behavior of Don Perata can be directly tied to the continuance of a status quo that has failed and is failing California families.  At no time is the way elections are run – without transparency, without accountability, without meaningful checks on the potential for corruption – questioned by the powers that be.  It is enabled through a shrug of the shoulders and the words “that’s the way things are.”  What Perata did was perfectly legal, although that is subject to change, as the state Fair Political Practices Commission votes today on making such transfers illegal.  But as Michael Kinsley famously said,  “The scandal isn’t what’s illegal; it’s what’s legal.”  The bigger scandal is that there’s no desire or even interest at the top to see that change.  And why not – it suits them just fine.

California has 63% majorities in both chambers of the legislature, has just seen a 61% share of the vote for a Democratic Presidential candidate – and yet this state is completely, inescapably and hopelessly beholden to right-wing interests, as a function of a backwards set of governing rules that have climbed the budget hole over $40 billion dollars, without any reasonable hope of getting out of it.  It’s been beyond clear for several years now that the ultimate solution will come at the ballot box, and yet the state party has entrusted the most crucial elections, the ones that could net a working 2/3 majority in the Senate, to someone more concerned with saving his political hide.  And so Hannah-Beth Jackson, who came within 1,200 votes of flipping a Republican seat, reads a story like this in shock and anger.  And the citizens in SD-12, promised a recall of Jeff Denham; and those in SD-15, expecting a candidate in their majority-Democratic district to take on Abel Maldonado; they are similarly angry.  Money they had every right to expect would go to help them now goes to help one man.

(By the way, the alibi from the defenders of Perata on this doesn’t scan at all.  First of all, nobody begrudges him from raising money in his own defense – the problem lies in taking that money from an account intended for campaign work.  And second, if this is a “political witch hunt,” as they say, why would he need this lump sum of money 75 days from the time when a Democratic Administration with no inclination to prosecute Democrats on allegedly bogus charges is about to be installed?  It’s either a witch hunt about to end or a going concern.  The alibi is pathetic.)

But the larger point is that the status quo, the closed systems at the top of the Democratic leadership, the lack of transparency and accountability, create the crises we see in our state, or at least disable anyone from reacting to them.  And this is not likely to change.  John Burton is going to be the next state CDP Chair.  He’s been in politics for 205 years, and he’s basically muscled out the competition for the job.  Does anyone think that a lifelong pol, with a long history of backroom deals, the guy who was Arnold Schwarzenegger’s cigar-smoking buddy (that seems like a good profile for the opposition party chair), gives a damn about urgently needed reform?  He’s making sweet little noises about turning red areas blue, but there’s absolutely no hope that he will provide any change from the insular, chummy, mutual backscratching society that exists in Sacramento.  Grassroots activists should be furious that, in the wake of seeing countless opportunities wasted and crises lengthened, we’re boldly taking off into the future with a Party Chair who was first elected in 1965.

The future of California is a mystery right now, because there is a crisis of leadership and an unwillingness to reform.  At the very least, activists should look to electing Hillary Crosby as State Party Controller so that someone in the room will have a reform message that can spark a modicum of change.  But until the fundamentals are altered, we will lurch from one disaster to the next.

Don Perata Gives a $1.5 Million Middle Finger to California

In a stunning but not too surprising revelation, Josh Richman of the Oakland Tribune is reporting that Don Perata transferred $1.5 million from his PAC to his legal defense fund – one day after the election. Instead of using that money to help defeat Prop 11, which narrowly won, or to help elect more Democrats to the state senate – such as Hannah-Beth Jackson, who lost by 1,200 votes – he took it for himself, leaving California Democrats and the state itself worse off.

Contributors to Don Perata’s political action committee this year might have thought their money would bankroll the attempted recall of state Sen. Jeff Denham or opposition to a legislative redistricting reform measure.

But one day after Election Day and with only a few weeks left as state Senate President Pro Tem, the Oakland Democrat moved $1.5 million from Leadership California into his own legal defense fund, formed to counter a years-long FBI corruption probe.

This sum dwarfs the California Democratic Party’s $450,000 contribution to Perata’s legal fund over the past year, which had caused an outcry from some party activists. It also dwarfs the $555,000 Perata had moved from his Taxpayers for Perata committee – ostensibly created for a 2010 Board of Equalization run – into his legal defense fund in several chunks since 2005.

The transferred amount is more than the entire $1.4 million the committee had raised in this year’s first nine months, and more than half of the $2.7 million it had on hand as of Sept. 30.

Jason Kinney, Perata’s spokesman, is quoted as saying there was nothing illegal here. Even if that is true, it’s beside the point – $1.5 million is a huge sum of money that should have been spent on winning the 2008 election, not pocketed by a termed-out legislator.

Our own David Dayen is quoted in the article making that very point with forceful eloquence:

David Dayen, an elected Democratic State Central Committee member from Santa Monica, blogged angrily this summer about his party’s contribution to Perata’s legal defense fund, contending the money would’ve been better spent on legislative races. The same goes for Leadership California’s money, he said Wednesday; despite a Democratic presidential candidate carrying California by the largest margin since 1936, Democrats netted only three more Assembly seats and none in the state Senate.

“Every time I asked the California Democratic Party about getting more active and involved in local elections, they said the state Senate and the Assembly control those races … and we don’t have a lot of flexibility. So Perata, at that time, and Nunez or Bass had the authority to run those elections,” Dayen said. “Now we see what happens when you vest power in these closed loops – suddenly self-interest becomes more important than the good of the party.”

He believes this is why Perata didn’t step aside as Pro Tem earlier, as Assembly Speaker Fabian Nunez relinquished his post to Karen Bass in May: “Darrell Steinberg was sitting there ready to go … and we were all like, ‘What the hell is going on?’

“We speculated it had to be that he still needed the leverage to make the calls to raise money for himself.”

David makes a key point here – this is not just about how Perata screwed California Democrats. It’s about what he called “closed loops” and a party leadership hostile to open accounting. This should become a rallying cry for all Democrats to demand more accountability from their leaders, and a greater commitment to winning elections as opposed to pocketing those funds for your own uses.

Many in the Democratic grassroots, including a large number of CDP delegates, want to build a better, more successful party, using the disappointing results on the state level as a motivating force to produce change. That is made easier by Perata’s long overdue exit from the Legislature. But this should serve as a wake-up call for the CDP as a whole, which must take a strong stand against this kind of action and take whatever steps are within their power to prevent it from happening again.

It’s still the Big Five after all, Steinberg readies to take over for the Don

Darrell Steinberg is clearly not simply Don Perata redux. The tone and tenor of the conversation with him are simply different.  And you get a great taste of that with this conversation with Steinberg and then Perata in this edition of KQED’s Forum.

Steinberg enters a full leadership role at a time of crisis, but claims that, like Al Gore, he sees opportunity in this time of crisis.  Opportunity to increase legislative oversight. Opportunity to improve the governance of the state by ending the 2/3 rules which have brought the state to its knees.  Opportunity to really and truly revamp the tax system. And part of that revamp could lead to further results on AB32’s carbon emissions goals by monkeying with the Vehicle License Fee.

Good Luck Senator. You’ll need it.

SD-15: Maldonado’s Dishonesty

After running as a write-in candidate on the Democratic ballot line in June, Abel Maldonado is now buying spots on Democratic slate mailers, even though he is facing only token opposition from independent Jim Fitzgerald.  This guy REALLY doesn’t want to self-identify as a Republican.

Independent state senate candidate Jim Fitzgerald accused incumbent Sen. Abel Maldonado (R-Santa Maria) of wanting to have it both ways, running as a Republican but appearing on slate mailers for Democratic and independent voters.

“I wonder if John McCain would have let him speak at the RNC if he knew that Abel would be paying for flyers that tell voters to vote for Barack Obama,” said Fitzgerald, a retired UPS worker who is self-financing his campaign, in a press release. “I wonder if the Republican Party would have contributed over $50,000 to Abel’s campaign if they knew that he was going to pay $12,000 to appear on literature that promotes the Democratic ticket.”

This is another reason why Don Perata’s bullying of Democrats to keep them out of the race against Maldonado was such a failure.  He wouldn’t have an opportunity to buy his way onto these slate mailers if there was a Democratic candidate.  And so he gets to position himself as an independent-minded reformer instead of the down-the-line Yacht Party Republican he is, for the most part.  This enhances Maldonado’s public image at precisely the time when he is likely to run for statewide office (I know he lost the primary for the Controller’s race in 2006, and afterward claimed that he’ll never run for office again, but I don’t buy it).  He spoke at the RNC this year, a clear sign that the party views him as a rising star.  The proper move for opposing parties is to try and cripple the other side’s rising star.  You don’t enable them when they can come back and beat you years later.

Thanks a lot, Don Perata, don’t forget to pick up your parting gift in a month…