Republicans Don’t Like Their Dirty Laundry in The Open

California Republican Assembly leader defeated after rape comments

by Brian Leubitz

Once is a slip, an uniformed comment. Twice is a troubling pattern, but perhaps just two outliers. A third crazy rape statement  makes it pretty hard to explain away. The last thing Republicans needed as March rolled around was more fuel for the rape comment fire.

Now, Celeste Greig is hardly a powerhouse. She was president of the California Republican Assembly (CRA), once a powerful group that has been slowly slipping into obscurity in step with the fate of the California GOP in general. She commanded no votes. Her power was simply that of a “grasstops” conservative activist. Not typically the kind of people that journalists are targeting for the juicy quotes. But, Ms. Greig found time to give the Mercury News just that back at the winter California Republican convention:

Before arriving at the state GOP’s spring convention here, Celeste Greig told this newspaper that pregnancies by rape are rare “because it’s an act of violence, because the body is traumatized.” (Steve Harmon / Bay Area News Group)

Along with that, she said that Akin’s comments were insensitive, and tat they should never have been said. But by the time the reader gets to them, the factually incorrect “scientific” part of the quote has already grabbed the attention. You kind of have to feel bad for her, she isn’t really a politician, but she went ahead and talked to journalists without really knowing what she was talking about. And that is always a bad situation.

The reaction was rampant across the web as the story came out. The CRA got more attention in those few days than they had for years. But ridicule is hardly the way to bring about a renaissance, and the members of the CRA were growing restless as their election came up this week.

By an 84-78 vote, CRA members at a convention over the weekend selected John W. Briscoe, of Fountain Valley, to be president, said Aaron Park, the conservative blogger and CRA official who ran Briscoe’s campaign.

Park faulted Greig for “embarrassing headlines” and shrinking membership in the decades-old CRA, and he said the group “took decisive action to change course.”(SacBee CapAlert)

At this point, the CRA is unlikely to ever recover what they once were in the 60s and 70s, but I think many activists in the organization would settle for a quiet anonymity for the time being. Many right-wing conservatives seem to actually believe these outlandish and scientifically unsupported statements. But they just don’t want people telling reporters about them. You know, keep your dirty laundry inside and all that.

The new leader apparently shares the name John Briscoe with a Ocean View School Trustee who was creating a bit of controversy trying to display the words “In God We Trust” on schools. However, John W. Briscoe is a long time conservative activist from the OC, and apparently a well-liked member of the conservative community in Southern California.

The California Disclose Act Gets a Hearing Tomorrow

SB 52 would require clear disclosure of political funding

by Brian Leubitz

In a state like California, big political campaigns tend to come down to the ads. Yes, field and grassroots outreach makes a huge difference, but a huge onslaught of money can kill a good ballot measure or campaign before you can really do the grassroots part of the campaign.

And yet, money can fly in from parts unknown and make a huge difference in the course of a campaign. See, for example, the huge sums of money dropped in from Maine, Arizona or some other place that we have yet to determine on Prop 32.

Unfortunately, we can’t stop the cash avalanche, but the Clean Money campaign and their allies are working to pass the California DISCLOSE Act, SB 52. As you can see from the image to the right, the law would require clear disclosure of the true source of funds for any advertisements.  It will tell voters who is really funding propositions and Super PAC attack ads.

Here’s a brief explanation from the Clean Money Campaign (CMC):

SB 52 will stop special interests from hiding behind fake names like “Stop Hidden Taxes” or “Stop Special Interest Money Now”.  Political ads will be required to clearly show their three largest funders.  Committee websites will have to show their top ten major funders.

SB 52 will require these disclosures be displayed on the bottom one-third of the TV screen for a full six seconds at the start of ads, so people know who the funders from the beginning.  In fact, the funders must be displayed in a big white font on a solid black background.  No more fine print.

Authored by Senators Mark Leno and Jerry Hill and sponsored by the California Money Campaign, SB 52 will apply to ads for and against ballot measures, and to outside ads for and against candidates – including sham issue ads.  It will tell voters who is really funding propositions and Super PAC attack ads.

Now, SB 52 already has some pretty strong support in both chambers of the legislature, but because this would amend the Political Reform Act of 1974, a voter passed measure, a 2/3 vote of both chambers is necessary. So, the CMC is looking for a little bit of help.  If you’d like to see what you can do, they have a lot of information available at their website or if you’d like to go to the committee hearing tomorrow, you can RSVP on their website.

Increasing the Minimum Wage

Measure would increase minimum wage and then tie it to inflation

by Brian Leubitz

Asm. Luis Alejo (D-Watsonville) has been focusing on living wage issues for a while now, and has pursued an increase in the minimum wage in bills that have been previously defeated twice.  

This year’s attempt, AB 10, would make some big changes to how our lowest paid employees live.

Alejo is the author of AB 10, which would give the Golden State its first minimum wage increase since 2008. The bill would raise it 25 cents an hour next year, 50 cents in 2015 and an additional 50 cents to $9.25 an hour in 2016. In 2017 and annually thereafter, hourly pay would be adjusted upward automatically, based on the state’s inflation rate.(LA Times)

Now, as you would expect, the Chamber of Commerce is revving up big time on this issue. Our $8 minimum wage is 7th in the nation, but then again, cost of living is generally higher here than most other states. And with President Obama calling for a national increase the issue got a boost here as well. But, if Asm. Alejo can’t get it through the Legislature, this is one of the most solid issues to have appear on the ballot. It polls well, brings out the progressive base, and can make a real difference for many Californians.

LA Councilmwoman Files Ethic Complaint Against Wendy Greuel, Calls Conduct “Illegal”


Former LA Councilwoman Ruth Galanter filed a formal ethics complaint today against LA City Controller and Mayoral candidate Wendy Greuel, calling the candidate’s reported use of city resources for her campaign “illegal” and an “insult to voters”.

Citing revelations by the Los Cerritos Community News that they had obtained 130 pages of emails showing the Controller using her official city email address to repeatedly communicate with campaign operatives during normal business hours, Galanter filed a complaint with the LA City Ethics Commission saying the number and frequency of the emails showed a clear pattern of deliberate and illegal use of resources.

“Ms. Greuel’s misuse of public resources is an insult to the voters and taxpayers of Los Angeles made even more egregious by the fact that we taxpayers are paying her approximately $200,000 a year, plus a free car and cellphone, to prevent just such misuse”, Galanter said.

Yesterday, the Los Cerritos Community News released all 130 pages they obtained through a FOIA request. Greuel’s office took 90 days to respond to the request, far longer than the 24 days dictated by law, and provided far fewer than the “tens of thousands of documents” Greuel’s office initially claimed were covered in LCCN’s request.

Eric Garcetti’s campaign has yet to respond to the controversy. But Rick Jacobs, founder of a political action committee to support Garcetti, called on a special investigator to release alldocuments from Greuel’s office pertaining to her mayoral campaign. 

“Wendy Greuel wants the voter’s trust to become Mayor of our city, but she’s violated that trust repeatedly by spending taxpayer’s dollars on her campaign,” said Jacobs.

Trifecta — Patient Safety, Pollution Prevention & Privacy

Patient Safety Advocates What a week! Three big victories in California will keep us safer from dangerous doctors, toxic polluters and privacy invasions, but we only got there thanks to your support.

State Senator Curren Price and Assemblyman Richard Gordon proposed yesterday to strip the California Medical Board of its authority over physician discipline. The physician-run Board has let dangerous doctors keep practicing as investigations take years to complete. You joined us, and families who lost loved ones to reckless prescribing, when we called for a transfer of doctor investigations to impartial prosecutors at the Department of Justice.

Senator Price said it all when he told the LA Times he proposed cutting the Board’s power because, “I don’t want anybody else to die.” With your help we’ll keep the pressure on in Sacramento to make this reform a reality.

On Wednesday, the state’s top toxics regulator shut down the state’s largest battery recycler, Exide, for leaking lead, arsenic and other toxins into the surrounding community for more than two decades. The action came only after Consumer Watchdog exposed endemic failures at the Department of Toxic Substances Control to prevent pollution and punish serial polluters in our report, Golden Wasteland. Nevertheless, Californians could be on the hook for millions in clean-up costs because the DTSC never required the company to put money away for cleanup.

Carmen BalberRounding out this week’s trifecta was a rare reversal by Google on the privacy front: The internet giant quietly stopped sharing consumers’ private emails and addresses with app developers that use its Google Play store. The reversal came after a Consumer Watchdog complaint to the Federal Trade Commission and California Attorney General Kamala Harris that Google was not only violating consumers’ privacy, but violating its own agreement with the FTC not to share information without consumers’ permission.

And this breaking news: This morning, the Court of Appeal sided with us to reject Mercury Insurance’s attempt to throw out a case the company has delayed for nearly a decade. The suit would hold Mercury accountable for charging illegal broker fees to consumers. We are fighting that battle on a second front before an administrative judge in San Francisco right now.

So that’s really four big wins this week. Thanks for sharing them with us.

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Posted by Carmen Balber, Executive Director of Consumer Watchdog.  Follow Consumer Watchdog on Facebook and on Twitter.

Campaign for Oil and Gas Extraction Tax Begins Signature Gathering

A proposed ballot initiative that would enact a tax on oil and gas extracted from California will be granted summary and title by the Office of the Attorney General today. Californians for Responsible Economic Development, the group behind the measure, now has 150 days to collect 505,000 signatures if they wish to qualify it for the 2014 ballot.

In order to collect the signatures the campaign is taking a two-pronged approach, using both grassroots organizing and meeting with donors to raise money for paid signature gathering. In the three months leading up to official summary and title, 109 volunteers from across California have signed up to help gather signatures in addition to the organizations supporting the bill. “As people learn about the benefits of CMED – decreased tuition, renewed cities and parks and job creation fueled by green energy – they are eager to sign on and help,” explains Jack Tibbetts, author and lead-proponent of the campaign.

The California Modernization and Economic Development Act (CMED) places a 9.5% tax on the oil and gas that’s extracted from California, and would bring in over $2 billion of new revenue to the state. $1.2 billion would be allocated in four equal parts towards K-12, California Community Colleges, California State University and the University of California. Another $400 million would be used to provide businesses with subsidies for switching to cleaner, cheaper forms of energy. The remaining $300 million will be allocated to county governments for infrastructure repair, public works projects, and funding public services.

The bill has already attracted the attention and support from a wide variety of interest groups and individuals, and touts a growing list of endorsements on their website (www.cmedact.org/endorsements). In February, former US Secretary of Labor Robert Reich endorsed CMED stating. Using a tax on oil extracted from under California to help finance the education of Californians should be a no-brainer. It will only improve our schools. The real question is why California hasn’t done this long before now.”

Dr. Daniel Kammen, Nobel Prize recipient and co-author of Prop 87 (a similar measure on the 2006 ballot), wholeheartedly endorsed the proposal: “Placing a small surcharge on petroleum and gas that is extracted from California can only benefit our state. It would spur innovation on the producer side to reduce costs and bring in funds that are critically needed to green the economy, re-invest in education, and renew cities and parks. The California Modernization and Economic Development Act is the best way moving forward to ensure that all of these priorities are met.”

Last week, the California Modernization and Economic Act gained the support of State Senator Noreen Evans, who is currently sponsoring her own version of an extraction tax in the Senate, SB 241, to fund education and parks in California. She had this to say about the proposed ballot initiative: “The California Modernization and Economic Development Act closes a glaring corporate tax loophole in California that has benefited big oil for far too long. I absolutely support efforts that will allow California to collect on these vast and irreplaceable natural resource revenues that should fund one of the most important core services of government-education. It’s past time California ends the oil industry’s free ride and finally sets a solid revenue stream towards funding government’s education obligations.”

“Going forward, the CMED campaign will be working closely with the Senator’s office to ensure that an oil severance tax is enacted” said Tibbetts. “The campaign to qualify the California Modernization and Economic Development Act wholeheartedly supports Senate Bill 241 and we are encouraged by the efforts being made by Senator Evans. California is in critical need of netting additional revenue for education and other important services that will promote job growth and advance our people and our economy. However, just as oil companies have the right to extract and profit from our resources, California has the right to some compensation for the mineral wealth removed. Should the Senate fail to vote and pass SB 241, our campaign will work with public officials, donors, interest groups and students to produce an extraction tax for the 2014 ballot.”

CEQA Reform According to Sen. Steinberg

Senate Leader looks to head off 2014 proposition

by Brian Leubitz

Sen. President Pro Tem Darrell Steinberg released his CEQA legislation, the newly amended SB 731, yesterday. The changes fall into four general categories:

  1. Statewide standardized environmental thresholds for the environmental impacts of traffic and noise for infill projects.  Projects meeting these thresholds would not be subject to lawsuits for those impacts under CEQA and would not be required to do more for those thresholds in environmental documents unless required by a local government.  Also excludes project aesthetics from CEQA consideration. These aspects of a project impacts are currently common elements for CEQA litigation and typically are most complicated for lead agencies and project proponents to analyze and mitigate.
  2. Better state-level planning to reduce CEQA legal challenges and incentivize smart planning by amending the Government Code Specific Plan section to exclude unsubstantiated opinion for “new information” that would trigger additional revisions to the Environmental Impact Review. Also appropriates $30 million for SB 375 (of 2008) planning grants based on competitive process.This expands the current CEQA exemption for specific planning so that projects undertaken pursuant to that local plan and EIR are not subject to further review or CEQA lawsuits.  Further, local governments typically prioritize investment in smart growth plans.
  3. CEQA streamlining for clean energy projects and formalizes a Renewable Energy Ombudsman position to expedite renewable siting.This would cut red tape on large renewable energy projects and establish a position in the Office of the Governor to champion renewable energy projects within the State Government.
  4. CEQA lawsuit reforms to speed up disposition of legal challenges. Specifically:
    1. Allows the lead agency to comply with notices and findings on EIR’s through the Internet;
    2. Allows the 30-day statute of limitations to bring actions under CEQA to be tolled by mutual agreement of parties in order to facilitate settlements;
    3. Authorizes project proponents to request and pay for concurrent internet-based preparation of the administrative record for all projects to reduce litigation delays, saving months if not a year off project delays;
    4. Allows courts to issue partial remands of environmental documents to reduce re-notice/recirculation/litigation delays where lead agencies have been found to be in violation of the law;
    5. Directs the Attorney General to track lawsuits and report to the Legislature in order to provide lawmakers and the public with accurate information on whether or not CEQA is being abused by vexatious litigants.

Now, Steinberg is being very cautious in order to try to bring about a settlement that preserves most of the good parts of CEQA while still allowing for an expedited review process. He actually built something of a blue ribbon commission (the “CEQA Working Group”) to help create the plan, bringing together interest groups from across the stakeholder spectrum.

While Gov. Brown said that CEQA reform is probably dead for the year, Steinberg seems unwilling to let go quite yet. And for good reason, there have been some brewing rumors that if CEQA reform doesn’t happen soon, there may be a ballot measure to contend with next year. And somehow I’m guessing there won’t be the same kind of consensus building when that one rolls around.  

Emails Show Controller Wendy Greuel Campaigning Out Of LA City Hall Offices


LA City Controller Wendy Greuel’s campaign for mayor has come under scrutiny after a Cerritos newspaper published emails showing the Controller soliciting campaign contributions, discussing endorsements and communicating with campaign staff during office hours using her official lacity.org email address, in apparent violation of Los Angeles’ Ethics laws.

In January,  the Los Cerritos Community News sent a public records request to Greuel’s office asking for any emails between Greuel’s office and campaign managers John Shallman and Rose Kapolczynski, as well as emails from  Brian D’Arcy, the head of IBEW Local 18, whose SuperPAC, Working Californians, has spent millions in support of Greuel’s mayoral campaign.

According to LCCN, Greuel’s office initially balked at the records request saying it “was voluminous and encompasses tens of thousands of pages”, but relented after the newspaper sent a letter on April 12th threatening to file a lawsuit.

In the end, LCCN received only 130 pages of material, including dozens of emails sent to and from various campaign staff and contributors using Greuel’s official governmental email address during normal business hours.

Campaign consultants I talked with said such activity violates section 49.5.5b of the LA Municipal Code which states:

“No City official or employee of an agency shall engage in campaign-related activities, such as fundraising, the development of electronic or written materials, or research, for a campaign for any elective office or ballot measure

  1. during the hours for which he or she is receiving pay to engage in City

    business or 
  2. using City facilities, equipment,

    supplies or other City resources.

“The emails confirm that Greuel is running her mayoral campaign out of the Auditor/Contoller’s Office of Los Angeles using taxpayer resources, a clear violation of California state law,” said Brian Hews, President of Hews Media Group, and Publisher of Los Cerritos Community Newspaper. “The emails document in great detail how Wendy Greuel is using one of the most powerful offices in the City of Los Angeles to leverage campaign support, coordinate political events, and garner major endorsements from some of the biggest political forces in Southern California,”

Greuel campaign spokeswoman Laura Wilkinson characterized the email exchanges using Greuel’s governmental email address as “inadvertent”.

“As Controller and as a candidate for Mayor, Wendy Greuel has worked 18-hour days for quite some time. She inadvertently forwarded a few emails when using her personal iPad or iPhone and most of the emails were for scheduling purposes or as an FYI including documents that were scheduled for public release,” Wilkinson said in a written statement.

However, the emails include numerous conversations between a Who’s Who of political players in Los Angeles, Greuel’s campaign staff, campaign contributors and the staff of the Controller’s office discussing everything from scheduling issues to how to handle media relations. And in one case, Greuel may have violated yet another statute prohibiting the sharing of confidential information acquired in the course of her official duties when she forwarded a Preliminary Financial Report her office prepared for fiscal year 2011-2012 to her campaign staff two and a half hours before giving the document to Mayor Villaraigosa, the City Council and the City Clerk.

An investigation from the LA Ethics Commission of these issues will likely take months, stretching well past Election Day. Regardless of their findings the damage may already be done.

During the campaign, Greuel has tried to portray herself as the best candidate to root out “waste, fraud and abuse” in City Hall, and in recent days stepped up her attacks against opponent Eric Garcetti, attempting to tie him to developer Juri Ripinksy, a convicted felon, and also claiming Garcetti had taken “illegal” votes on a Clear Channel billboard settlement. It’s unclear how much traction these claims will have once LCCN’s allegations are more widely known.

A poll released by the LA Times on Sunday showed Garcetti leading Greuel by 10 points.

Yes, Indeed, Shawnda Westly is Awesome.

CDP Executive Director was critical to 2012 success

by Brian Leubitz

Positive posts about Democrats are relatively few and far between at CalWatchDog. However, this two-part series about “CDP mega weapon” Shawnda Westly is spot on:

But Burton, a media favorite due to his expletive-laden antics, couldn’t have done it without his right-hand woman, the party’s executive director, Shawnda Westly (pictured on the right of the above photo).

“She is the engine to the operation,” said Rep. Julia Brownley, D-Oak Park, one of six congressional freshmen honored at the convention’s Saturday “Red to Blue” luncheon. “The party this year played a much larger role in congressional races than they have ever played before.”

Read both parts of the story. In fact, read them twice. I’ve been fortunate enough to know Shawnda for a few years now, and, if anything, the article is a bit of an understatement. She has worked with Chairman Burton to execute a vision that has brought the party incredible success. And she’s dealt with the craziness that is inherent in a big political party with a smile. The kudos are very well deserved.

Google Ending Privacy Breach Consumer Watchdog Targeted in FTC Complaint

Google Play

Google apparently is ending an egregious privacy breach involving people who buy apps from its Google Play store using Google Wallet to pay. Consumer Watchdog filed a complaint to the Federal Trade Commission with a copy to California Attorney General Kamala Harris about what Google was doing. The complaint  alleged that the Internet giant was violating its privacy policies and its “Buzz” consent agreement with the FTC.

Rep. Hank Johnson, D-GA, also questioned Google about what it was doing.  Google was sending to apps developers the name, email address and address of people who bought apps on Google play.  It tried to claim that the the information was necessary for the transaction, but that’s clearly not the case when talking about downloading an app from its app store. Neither Apple nor Microsoft provide such personal information about people who buy apps from their stores. Google’s response to Rep. Johnson, confirmed what Google was doing and actually showed it was unnecessary.  Consumer Watchdog sent a second letter to the FTC with a copy to California Attorney General Harris when Google answered Rep. Johnson’s letter.

On Tuesday WebProNews and DroidLife reported Google was addressing the concerns on a new Wallet Merchant Center it is rolling out and no longer sending the personal information about apps buyers.

I’m glad the change is coming, but I’ve got questions.

What role did the Federal Trade Commission or the California Attorney General’s office play in this change?  Why did Google only act when formal complaints were filed? Will there be fines?

John M. SimpsonGoogle has become a serial privacy violator.  You’ll remember that new sooner was the ink dry on the “Buzz” consent agreement than it was caught hacking around the privacy settings on the Safari browser used on iPhones, iPads and other Apple devices.  It ultimately cost Google a fine of $22.5 million, which is pocket change to a company that has annual revenue of around $50 billion. It’s like giving a $25 parking ticket to a person who makes $50,000 a year.

Google is simply figuring that fines are a cost — and a minor one at that — of doing business.  In case you missed it, on Monday Germany hit Google with a $189,225 for the Wi-Spy incident where its Street View Cars sucked up emails, URLs, passwords, account numbers as they snapped photos around the world.

In describing the fine The New York Times‘ Claire Cain Miller wrote:

Regulators in Germany, one of the most privacy-sensitive countries in the world, unleashed their wrath on Google on Monday for scooping up sensitive personal information in the Street View mapping project, and imposed the largest fine ever assessed by European regulators over a privacy violation.

The penalty? $189,225.

Put another way, that’s how much Google made every two minutes last year, or roughly 0.002 percent of its $10.7 billion in net profit.
It is the latest example of regulators’ meager arsenal of fines and punishments for corporations in the wrong. Academics, activists and even regulators themselves say fines that are pocket change for companies do little to deter them from misbehaving again, and are merely baked into the cost of doing business.

The fact Google is changing Google Wallet’s practices makes it clear Google violated the Buzz Agreement.   Google claims that it is taking privacy seriously now that it is operating for 20 years under the Buzz Agreement. It isn’t and the regulators aren’t holding Google’s feet to the fire.

The company’s executives need to be held to account in a meaningful way. I’ve always argued the way to get corporate executives’ attention is to hit them with jail time when they flout the law.  It’s not going to happen here, but a meaningful fine for the second Buzz violation sure would be nice.

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Posted by John M. Simpson, Director of Consumer Watchdog’s Privacy Project. Follow Consumer Watchdog online on Facebook and on Twitter.