Prop 57: Not Just a ‘Juvenile’ Initiative

TRUTH & CONSEQUENCES-When touting the merits of The Public Safety & Rehabilitation Act of 2016 (also known as Proposition 57,) the 2016 California voters guide addresses the question surrounding juvenile arrests for violent or serious criminal offenses to be charged as adults. Those convicted could spend years incarcerated in California State prisons. Prop 57 strips away the power of prosecutors to try juveniles as adults, overturning Proposition 21 which was approved by 62% of the voters in 2000. Prop 21 gave prosecutors, instead of judges, the right to decide whether juveniles should be charged as adults. 

A prosecutor could file directly against a juvenile in adult court under W&I 707(d), but could also file a “fitness hearing” in Juvenile Hall. Under W&I 707(c), a juvenile is presumed to be unfit for juvenile court. 

Prop. 57 will also strip judges of the power to set sentencing guidelines, transferring that power to Governor Brown's appointed members of the Board of Parole Hearings instead. 

Prop. 57 overturns key provisions not only in Marsy's Law, a Constitutional amendment enacted by voters in 2008, but also the “Three Strikes Law” (Prop. 35), The Human Trafficking law (Prop. 35), The Street Terrorism and Prevention Act (Penal Code Section 186.22) and The Victim’s Bill of Rights (Prop. 8.)

If the court order does not have the enhancement under PC 667.5 of the California Penal code, then a current incarcerated criminal can be released early from state prison. Prop 57 allows the worst “career criminals” to be treated equal to first‐time offenders, prohibiting strong sentences that judges could impose. 

The Voter Guide also hides the fact that Proposition 57 seeks to set new guidelines to allow both appointed Board members and California Department of Corrections and Rehabilitation staff to enhance “good time” credit for current incarcerated adult inmates convicted of very violent and serious criminal offenses and also grants early release from state prison. Presumably, these credits will apply if they attend educational or work/vocational programs -- even if there is no availability for those programs in a particular prison. 

Prop. 57 is a Constitutional Amendment that affords new rights and privileges for even the most dangerous criminals. If passed, it cannot be overturned by the Legislature. 

The devastating effects of AB 109 and Prop. 47 have threatened the safety of all communities and claimed the lives of many innocent victims. Adding the negative impacts of Prop. 57 into the mix would ultimately weaken all of California’s anti-crime laws.

Did you know that violent crimes across the State have escalated over 10% last year? In Los Angeles, crime statistics point to a 20% rise in violent crime last year. Those charged with enforcing the laws of the State know this only too well.

Each side claims the other side is lying. Supporters insist Prop. 57 will help fix the broken system that would rehabilitate prisoners and reduce the recidivism rate. They want inmates to have the “tools” to “stop the revolving door to prison.” 

Gov Brown and his band of followers insist that, “To be granted parole, all inmates, current and future, must demonstrate that they are rehabilitated and do not pose a danger to the public.” But ask yourself, how can anyone “prove” they’ve been rehabilitated during a hearing? Does a simple promise to not harm another guarantee public safety at that inmate’s hands? What happens to all that “rehabilitation” when an inmate is released from prison and cannot assimilate back into society or cannot find a job to support him or herself? 

The California District Attorney’s Association (CDAA) wrote an analysis of the Governor’s Initiative (Prop. 57) in February 2016. 

They note, The term non-violent felony offense is not defined in the initiative, or elsewhere in California law. However, Penal Code section 667.5(c), which has been the law in California since 1977, defines violent felony with a list of some 23 offenses. That list currently includes crimes such as murder and attempted murder, mayhem, forcible rape (but not all rapes,) forcible sexual assault crimes (but not all of them), felonies involving great bodily injury being inflicted on a victim, felonies involving firearm use, robbery, some arsons, kidnapping, carjacking, some felonies involving explosives, and any felony punishable by death or in the state prison for life. Logic dictates that any felony not included in the definition of violent felony would be a non-violent felony for purposes of the initiative.” 

The CDAA also notes that, “not all ‘non-violent felonies’ are limited to low-level crimes like drug possession or auto burglary. Proposition 8 provided California with a ‘serious felony’ list passed by voters in 1982. The ‘serious felonies’ list far outweighs the “violent felonies” list that is found in Penal Code section 1192.7(c). 

“The ‘violent felony’ list is a subset of the ‘serious felony’ list, meaning that violent felonies are also serious felonies. There are numerous serious felonies that are referred to as ‘not violent’ under California law, but which are, in fact, violent in nature. Here is a just a small sampling of those ‘non-violent’ felonies:

  • Penal Code section 136.1 Threats to a crime victim or witness. 
  • Penal Code section 186.22(a) Active participation in a criminal street gang. 
  • Penal Code section 186.22(b) Various felonies committed for gang purposes. 
  • Penal Code sections 191.5 & 192(c) Vehicular manslaughter. 
  • Penal Code section 192(b) Involuntary manslaughter. 
  • Penal Code section 243(d) Battery with personal infliction of serious bodily injury. 
  • Penal Code section 244 Throwing acid or flammable substances. 
  • Penal Code section 245(a)(1) Assault with a deadly weapon. 
  • Penal Code section 245(c) Assault with a deadly weapon on a peace officer or firefighter. 
  • Penal Code section 246 Discharging firearm at an occupied dwelling, building, vehicle, or aircraft. 
  • Penal Code section 261(a)(1) Rape where victim legally incapable of giving consent. 
  • Penal Code sections 261(a)(3) & 262(a)(2) Rape by intoxicating substance. 
  • Penal Code sections 261(a)(4) & 262(a)(3) Rape where victim unconscious of the act. 
  • Penal Code section 261(a)(7) & Penal Code section 262(a)(5) Rape by threat of public official.
  • Penal Code section 422 Criminal threats. 
  • Penal Code section 451(c) Arson of a structure or forest land.
  • Penal Code section 451(d) Arson of property.
  • Penal Code section 455 Attempted arson.
  • Penal Code section 459-460(a) Residential burglary.
  • Penal Code section 487(c)(2) Grand theft firearm.
  • Penal Code section 4501 Assault with a deadly weapon by state prison inmate.
  • Penal Code section 4503 Holding a hostage by state prison inmate. 
  • Penal Code section 12022(b) Any felony involving the personal use of a deadly weapon. 
  • Penal Code section 18740 Exploding a destructive device or explosive with intent to injure.” 

In fact, 56 out of 58 major cities across the State, including Chief’s of Police, District Attorneys and members of the Law Enforcement community stand in staunch opposition to Prop. 57. 

Governor Brown, through his ballot committee has contributed over 40% of the $10.5 M raised in support of Prop 57. 

Prop. 57 makes for great “political speak” just like AB 109 and Prop. 47 that have proven to be epic fails. So, too, will Prop. 57. Politicians know far more about the salesmanship in peddling bills but far less than law enforcement officials who actually patrol the streets -- your streets. 

The choice belongs to voters in November. In today’s current political climate it is difficult to know who is actually telling the truth. But is it really worth gambling away safety in our homes, neighborhoods and schools -- putting our families at risk? 

Get the facts on Prop. 57 before you vote because it can’t be undone down the road.

 

(Caroline Aguirre is a retired 24-year State of California law enforcement officer, LAPD family member, community activist and Neighborhood Watch captain. Aguirre is a CityWatch contributor.)

 

(Katharine Russ is an investigative reporter and a regular contributor to CityWatch. She can be reached at [email protected].) Edited for CityWatch by Linda Abrams.

Legalized Weed: Getting Out In Front of It.

SPECIAL PROP 64 REPORT--At the Oct. 18 Central San Pedro Neighborhood Council stakeholder meeting, President Mona Sutton read aloud a statement released by Los Angeles City Council President Herb Wesson, just two weeks earlier. The statement called on the city’s neighborhood councils and citywide committees to discuss the legalization of cannabis. He expressed the hope that this could be a space where community impact statements, white paper suggestions and recommendations could be provided to the Rules, Elections, Intergovernmental Relations, and Neighborhoods Committee -- a committee he chairs. 

For Sutton, this call-out was a welcome change from her experience a couple of months prior when she chatted with Mayor Eric Garcetti during a regional gathering of neighborhood council presidents.

“With a pending vote on cannabis in California, are you going to get out in front of it anytime soon?” Sutton recalled asking. 

She said the mayor looked a little dumbfounded by the question before she followed up with a suggestion. 

“How about [making it so that potential operators pay] $100,000 to open or get permit fees for this and renew it yearly?” 

“We can call it the Sutton tax,” Sutton recalled the mayor facetiously responding. “You can call it whatever you want, but how about we start a fund and use for something really important?” she asked. 

Matt Garland, a local stakeholder at the meeting, agreed with Sutton, except for the part about the $100,000 entry fee. 

Garland, a medical marijuana patient for the past 15 years, said he was excited that there are groups and cities looking at how communities can benefit from the legalization of recreational cannabis.

“There are some potential benefits with legalization, but it depends on how the city regulates it,” he said. “I’m really hoping we can do something in Los Angeles.” 

Garland argues that cities should move towards obtainable small business licenses, seeing legalization as a potential jobs growth engine in low-income communities, if done right. 

“This could be just one more job that people are doing,” Garland said in a later interview with Random Lengths. 

Garland sees this moment as an opportunity to bring above ground the existing black market economy of marijuana. Garland said he spent eight years in Humboldt County in the 1990s. He recalled communities with few job opportunities but they had their own growing project going, providing a lot of people with a little bit of income. 

“We’re talking $20,000 to $30,000 a year for a part-time job,” Garland said. “The result of that was that small businesses prospered because people had money to spend. I know that was 20 years ago. But I do see the potential benefits.” 

But Garland’s views are a little different when it comes to how Los Angeles has been dealing with the illegal cannabis dispensaries opening up everywhere, then shuttering like pop-up restaurants. He agrees with City Attorney Mike Feuer’s aggressive crackdown since he came into office. 

“My concerns for San Pedro are in regards to patient access, family safety and the lack of regulation around medical cannabis,” Garland said. “It has created an unsafe environment for the community.”

He went on to say that Wilmington and parts of San Pedro have been made a dumping ground for illegal pot dispensaries. To a certain extent, Garland’s attitude was similar to that of neighbors of Barton Hill Elementary School who turned out for the Sept. 25 rally opposing a proposed navigation center on Pacific Avenue. 

At the time, rally attendees mocked bureaucratic attempts to sanitize the public perception of homeless storage facilities and weed shops by renaming them “navigations centers” and “medical marijuana dispensaries.” 

The enduring popularity of 2013’s Prop. D, the ballot initiative limiting the number of medical dispensaries to the 135 that opened prior to 2007, is probably the reason why Los Angeles has been so slow to prepare for the possible passage of Prop. 64, along with Feuer’s reelection bid to office in 2017. 

Feuer’s visit to San Pedro on Oct. 13 illustrates this point. It was intended to be a town hall meeting in which he would give a brief introduction, then open the floor for questions from attendees. There were 75 to 100 people present. 

Included in his opening remarks was the fact his office, with the help of the Los Angeles Police Department, has closed more than 800 dispensaries in Los Angeles -- 48 in the Harbor Division alone. Many more are still being investigated in the Los Angeles Harbor. This announcement was received positively, even if most of the attendees were more interested in hearing about Feuer’s enforcement efforts regarding problems related to homelessness. 

When he gave the same intro in Wilmington, the applause was sustained for 30 seconds or more.

“All marijuana-dispensaries in the city are illegal under that ordinance,” Feuer said. “Some can get limited immunity to enforcement by my office if they hit a whole bunch of cylinders. They can’t be too close to each other; they can’t be too close to parks; playgrounds and schools. They can’t have their signs lit up at night…a whole bunch of things they have to do.” 

At this meeting, he reminded attendees that he had no staff and no list of addresses to work from when Prop. D was passed. 

The city attorney also said there may be five or six shops that may be able to satisfy criteria to be immune to prosecution. The number of investigations are declining, he noted, because they are closing the dispensaries as investigations proceed. 

Feuer noted that it was unclear what would happen if Prop. 64 passes. He said it is possible for the city to say, “No, we don’t want medicinal marijuana.” Or, it is possible the city could say recreational marijuana is okay, but medicinal marijuana will be more restricted. 

It was at this meeting that residents learned that there’s another initiative headed towards the March ballot that would create some licenses for marijuana facilities in the city. 

“Another thing has happened,” Feuer answered to a question about the possibility of legalization. “Gov. [Jerry] Brown signed a law about a year ago that created some regulation for medical marijuana in the state and only allows those that are permitted by local jurisdictions to exist.” 

As Feuer noted, none of those that are permitted are legal in the city. 

“If I’m going to guess, there are going to be some significant changes in several areas of this law but in the meantime we are doing what you asked, and that [is] aggressively enforcing the law.” 

But there is a subset of activists, civic leaders and community members who believe the passage of Prop. 64 can economically benefit historically disadvantaged communities in very tangible ways.

Carson is dealing with similar concerns. The community hopes legalization will be an opportunity to expunge the criminal records of youth who where arrested for marijuana possession. In turn, they can then find better jobs. 

On Sept. 24, former Los Angeles City Councilman Robert Farrell, in conjunction with the Carson-Torrance chapter of the NAACP, hosted a town hall meeting on Prop. 64 at the Carson Recreation Center — one of many in recent months focused on the potential impact on communities of color in Los Angeles County. 

The panel included Greg Akili from the nonprofit organization Corporate Accountability International, which is known for its high profile campaigns to protect public health, the environment and democracy from abuse by transnational corporations; Virgil Grant III, co-founder and co-chairman of California Minority Alliance, a nonprofit that aims to prepare disadvantaged communities to economically benefit if marijuana is legalized; and Cat Packer, a campaign coordinator for Californians for Responsible Marijuana Reform. 

Farrell framed the conversation by noting the negative impacts that the war on drugs has had on communities of color. 

“If this passes, we will see a cultural shift,” he said. “The moment is here, but where do we go after?”

He went on to say that passing this proposition has broad ranging impacts on life as we know it and might lead to better business opportunities for blacks and Latinos. 

“Before 1964, only whites owned the liquor stores in Watts,” he said. “After the Watts riots, blacks and Latinos went into businesses, they got liquor licenses and liquor stores.” 

Carson resident Robert Leslie, a retired police officer who worked on a drug task force, said he was very concerned about rising crime rates as a result marijuana legalization for recreational use. 

“As a police officer I saw recreational marijuana use … connected with burglary and assault,” Leslie said. “Many people I arrested were repeat offenders. Then they had to go into reversion programs…. Smoking marijuana also causes cancer. And according to some studies smoking it is worse than tobacco.” 

It wasn’t just retired police officers who still had misgivings regarding marijuana’s legalization. Others also expressed concern, like Tony Wafford. 

“To be honest, I could care less if people out there are smoking weed,” Wafford said. “That’s what I call it, not cannabis or marijuana. It’s weed. But I am still battling with what weed does to people.”

Wafford recounted his son’s experience with a medical marijuana card. 

“He went to a job interview and then he tells me he can’t pee in a cup. I said, ‘Where’s your weed card?’ He said that wouldn’t help. I smoke cigars and drink brandy on Sunday, but I can pee in a cup on Monday. If this proposition passed tomorrow, can people go and do whatever test they have to and get a job?” 

The third expert speaker was Packer. She said when she was in law school she did not think she would get involved with marijuana legalization -- she wanted to stick to civil rights issues. 

“But, I’ve seen bad legalization,” said Packer. “I worked on a legalization campaign in Ohio. Ten investors were spending $2 million each to control all of the state’s cultivation. To try to get more voter support these investors put forward a companion bill that would expunge records, but only after the other initiative passed and the investors got their monopoly. I moved across the country and got involved with Californians for Responsible Marijuana Reform because this is a civil rights issue. Mass incarceration is real. And. it is due to drug arrests, which are primarily related to marijuana. 

“Because money is involved in this, legalization is inevitable, but you have a choice of what type of legalization you want. Proposition 64 is not perfect, but it’s the best initiative so far because it acknowledges the war on drugs and the harm that it has had on the black community.” 

Packer went on to give some key features of the proposition: 

  • Having 1 ounce (8 grams) and 6 plants is legal for anyone 21 and up. 
  • $10 million of taxes from marijuana sales goes to community reinvestment for communities disproportionately affected by the war on drugs. This can increase every year up to $50 million. 
  • 20 percent of tax revenue goes to environmental remediation of harm due to illegal past cultivation. 
  • Retroactive penalty reduction for people incarcerated and petitions for expungement for past criminal offenses due to marijuana. 
  • Five-year ban on cultivation operations of 22,000 square feet and above to discourage monopolies from developing. 

When Packer began to talk about how the revenue would be used she took a moment to get personal. 

“If it were up to me, some of this money would be going into training cops not to be racist,” Packer said. 

There were grins and scoffs and someone exclaimed, “That’s not going to happen!” 

Nevertheless she encouraged citizens to be aware and provide input to their cities if the proposition passes. 

During the question and answer portion of the forum, attendee concern ran the gamut of where will the taxes go to where they are needed to the potential of increases in crime. 

Associate professor of business law Charles Thomas asked, “Can local governments level their own taxes?” 

“Yes, they can also choose to just allow cultivation,” Packer replied. 

Packer said that her group plans to organize watch parties on election night with people who have marijuana convictions. That way at 12:01 (a.m. Nov. 9) after Proposition 64 passes, the state will have a list of people whose records can be expunged. This bit of information received a rousing round of applause. 

Packer noted a tough road ahead in changing perceptions of marijuana. She looked professional and was well dressed. She told us that she is a recreational user of marijuana. 

Virgil Grant asked the crowd to lobby to change the drug testing issue and to lobby assembly members like Mike Gibson on the issue. 

Akili said that the fight against white supremacy is not over, that some will find ways to keep minorities unemployed (credit tests and appearance like hijabs or tattoos.) 

Prop. 64 does not give a one-size-fits-all solution to cities. It offers flexibility. 

Residents and business owners from Carson to San Pedro have been invited to join the conversation and affect local marijuana policy.

 

(Terelle Jerricks is Managing Editor of Random Lengths … where this column originated. Christian L. Guzman is Community Reporter for Random Lengths.) Edited for CityWatch by Linda Abrams.

Is California Still Hangin’ Out at the Home of the Free and the Brave?

ALPERN AT LARGE--Freedom isn't for sissies.  Life is complicated, but that doesn't mean we shouldn't confront it--particularly in a free society, where our decisions aren't supposed to be made for us.  If America is "the home of the Free and the Brave", then the obligations of freedom are NOT above and beyond us. 

Our California ballot is so very complicated, and with so many taxation and policy questions, it's easy to run away screaming from your ballot box and/or absentee ballot envelope.  But with the understanding that you need not vote for every measure and/or proposition or election race, here are a few considerations: 

1) Taxing a few of us for something we're all supposed to benefit from is neither democratic, courageous, nor moral.  If it's good enough to tax some of us, then tax all of us. 

The argument that the more wealthy should pay more than those less wealthy makes sense, but how to do it in a fair manner will be argued long after we're gone.  If we don't all have some skin in the game, and if the money's not supervised with respect to transparency and quality spending, then why do we need to nail other financially and hurt our economy? 

Joel Fox, former president of the Howard Jarvis Taxpayers Association, states it well when he decries how California--home of Proposition 13--appears willing to tax itself into oblivion, particularly when it's "someone else" who'll pay the taxes for YOUR pet priorities. 

Of course, many of those who tried to keep California on an even keel have retired and left the state, or have passed away, leaving poorly-educated new generations who think that the warnings of Big Government are all crazy and for paranoid seniors (I guess the worshiping of youth has replaced the respect of elders and the knowledge/wisdom they've collected over their lives). 

And for those of you willing to vote for OTHERS to pay more for what YOU want...well...how brave of you.  How BRAVE of you!!! 

2) VOTE NO on Proposition 55:   Ooooooh, those awful rich people!  Get 'em!  Make 'em pay their fair share!  So I guess that the "big lie" that this tax on those making $263,000 per year would be temporarily taxed is being shown as just that...a lie.  And does that figure carry the same weight and wealth as it does in states with a lower cost of living? 

And if more small business owners, who work 80-100 hours a week for that money, leave the state (along with your job), that'll make you happy?  And is paying over 50% of your income in federal and state income taxes enough to make lower-income Californians satisfied?  And will the money, supposed to go to education, BE ... SPENT ... WELL? 

Is our tax dollars, particularly our education tax dollars, being spent well in California?  Do you really favor the public sector education unions over your own job/employer? 

3) VOTE NO on Proposition 56:   Oooooooh, those awful cigarette smokers!  Get 'em!  Make 'em pay their fair share!  Because there are so MANY smokers left and because that extra money will be spent so ... damn ... well!  Best that we enact laws that require higher healthcare premiums and life insurance premiums for smokers (the latter already exists). 

4) VOTE YES on Propositions 53 and 54:  Transparency is good.  Bonds have to be paid back, and if it's over $2 billion then the taxpayers should vote on it.  Ditto with us all being able to see legislation online for at least 72 hours before Sacramento can vote on it. 

... and in other races where we have to S.O.S. (Save Our State) ... 

5) VOTE NO on Proposition 57:  What...the jump in crime after we passed Proposition 47 wasn't enough for you?  You think that there are just gobs and gobs of innocent sweeties those nefarious prosecutors and judges threw away in jail for funzies, and that their ridiculously-long rap sheet means nothing?  You really want to put yourself and your family at risk...AGAIN? 

6) VOTE NO on Proposition 58:  Latino children have been among the chief beneficiaries by requiring families to specifically request for bilingual/immersion education programs.  Passing this would be a step backwards--if someone is bilingual, then that is an unqualified plus in our world. But if a child doesn't speak and learn English first, then it's a guaranteed restriction on their future. 

7) VOTE NO on Proposition 64:  We already look the other way for those with small amounts of recreational marijuana, and already are OK with medicinal marijuana.  You want more DUI's for those high on pot (which is by far more available in high concentrations today than in the past, and are virtually hallucinogenic at certain doses) like in other states?  There's a difference between tolerating pot, versus telling your kids it's "just fine" or to even watch advertisements go up that virtually encourage teenagers and kids to "go for it" when it's legal (or even earlier).  VOTE NO! 

8) VOTE NO on Proposition 62, and YES on Proposition 66--Mend it, don't end it!  The death penalty exists for a reason, and reasonable reforms and commutations have already been made (and should continue to be made) for the protection of the innocent.  Do NOT reward those who ultimately seek to let those truly guilty of monstrous crimes out of prison, and/or who do NOT truly understand the unforgiveable act of first-degree murder.  Please speak for the rights of the slain--because they cannot speak for themselves!  Victims' lives matter ... right?   

9) Vote YES on Measure M--I am no hypocrite, and no purist. I've already opined that we shouldn't need Measure M, but we damn well do!!! 

With respect to transportation, the public education lobbies have financially crippled the state with respect to proper budgeting.  LA County MUST Save Itself!  And demand matching grants from Sacramento and Washington whenever possible! 

Measure M taxes all of us, and is filled with BOTH freeway and rail projects, as well as operational and sidewalk/road repairs that we all can benefit from.  Chambers of commerce, newspapers throughout the County of LA and among those benefiting the most from transit projects. 

Former County Supervisor Yaroslavsky, who helped kill the subway construction bonanza when the spending was out of control in the 1990's, favors Measure M, and he earned his reputation as a fiscal conservative. 

And I am also a fiscal conservative, recommending a "no" vote on every tax/bond initiative in the city, county, and state...but Measure M is the big exception, and we can fight for more transportation, and better inclusion for the county, the very day after we pass it. 

But we MUST pass Measure M. 

Again, freedom isn't for sissies. We should NOT, even in the la-la land of California, forget that we are part of the Home of the Free and the Brave.  No taxes or stupid Big Government when it's unhelpful.   

But when we tax ourselves, or make policies that affect all of us, let's all do it together--including that taxpayer/voter you see in the mirror every day.

 

(Ken Alpern is a Westside Village Zone Director and Board member of the Mar Vista Community Council (MVCC), previously co-chaired its Planning and Outreach Committees, and currently is Co-Chair of its MVCC Transportation/Infrastructure Committee. He is co-chair of the CD11Transportation Advisory Committee and chairs the nonprofit Transit Coalition, and can be reached at  [email protected]. He also co-chairs the grassroots Friends of the Green Line at www.fogl.us. The views expressed in this article are solely those of Mr. Alpern.)

-cw

 

 

In the Case of CA Assembly Member Patty Lopez the System Really is Rigged

MY TURN--I first became acquainted with Assembly Member (notice it is now assembly member NOT Assemblyman) Patty Lopez (D) right after she was elected to the 39th District of the California Legislature. Her opponent, the incumbent Raul Bocanagra (D) was already trying to raise funds for a recall attempt. He and his establishment supporters couldn't believe they had been outvoted by a Mexican born immigrant and a "Woman" at that. (Patty Lopez, above left) 

Now in 2016, Bocanegra is in a runoff with Lopez in a bit of déjà vu. Assembly District 39 encompasses: Agua Dulce, Arleta, Canyon Country, Lake View Terrace, Mission Hills, Newhall, North Hollywood, Northeast Granada Hills, Pacoima, San Fernando, Santa Clarita, Shadow Hills, Sun Valley, Sylmar and Sunland-Tujunga. 

If those areas sound familiar, it’s because they seem to have been traveling under a black cloud of late. They have endured fires, floods, incompetent politicians, forced High Speed Rail routes, homeless encampments, economic blight and probably the locusts will come this winter. 

Full disclosure--- I am not in the 39th District so am unable to vote for either one of the candidates. In the last two years I have become rather familiar with the Northeast San Fernando Valley. As I have stated here several times, the people really care about their neighborhoods and are willing to stand up and fight. I admire their tenacity and willingness to participate in their own future. 

Also in full disclosure I don't agree with everything they want to do ... but then again I don't live there. Its population is an ethnic microcosm of Los Angeles and incorporates the economic scale with a solid middle class. It also has political diversity with both Trump and Clinton signs on the lawns. 

So why do I think she faces a rigged system? The Los Angeles Democratic Central Committee in most instances will endorse the incumbent. This election they chose to endorse Bocanegra. I tried to find out why. I know it’s hard to believe, but no one wanted to go on record. 

I did learn about something called "pay for play" which Trump has accused his opponent of doing. Well, last election instead of talking with his constituents in the last two weeks of the election he was out campaigning and giving funds to his colleagues. The Central Committee is determined by election and surprisingly Bocanegra's friends were elected to represent the area and they voted to endorse him. 

He is very prolific in fund raising and does spread it around; whereas the last election Lopez supporters sold pozole and enchiladas to help her financially. This time he is also raising for more money but interestingly she has the support of both Republicans and Democrats in the area. 

Originally from Michoacán, Mexico, Assemblywoman Patty López came to the U.S. at the age of 12 and was raised in the city of Pacoima. She is a wife, mother of four and grandmother of three.   She started working in the community giving voice to those that previously had none.   Her website Patty Lopez for Assembly talks about her advocacy for education which led to her 2014 victory. She also publishes all literature and news bilingual. 

In my opinion it is because she is at every event in her district.   She knows her communities and fights for them. One recent success was her spear heading efforts, along with other organizations in the community. to open a satellite branch of Mission Hills College in Sunland. They broke ground last month. 

She has hosted dozens of free, informative workshops on housing, education, small businesses, immigration and other key issues. She is staunchly committed to protecting the rights of women, children, seniors and veterans. She has been a champion for the people in countless ways. 

Seven of Assemblywoman Patty López' bills have been signed into law this year alone. Her groundbreaking legislation promises to improve the overall quality of life for California's children, working families, foster youth and college students while also supporting small businesses, giving local residents the power to shape their communities and reforming the criminal justice system. 

She was recognized by fellow legislators and environmentalists at the 2016 Green California

Advocacy Day Reception for her exemplary efforts to safeguard our communities and

the environment. The annual event is hosted by Green California ‒ a network of more than 100

organizations that plan, strategize and work collaboratively to voice their concerns to the State Legislature and regulatory agencies on issues impacting the air, water and other natural resources. 

When Lopez went to Sacramento she was not received with open arms by her fellow democrats. After all, she had beaten their colleague, who thought he would be the next Assembly speaker. Subsequently she has made inroads. The Women's Assembly Caucus has been helpful and she has learned how to get things done. Patty Lopez is not a great orator. She doesn't keep her audiences spell bound. She is not a sophisticated politician. What she does ... better than her predecessor ever did ... is truly represent them. She has her pulse on the community and its needs. 

She has raised less than $100,000 and he has raised close to $500,000. She has received endorsements from a large number of different organizations. She also received the endorsement of the Daily News in the Primary. When you see the list of his doner's you know where his priorities will lie. 

I don't know Raul Bocanegra. I've sent queries to his campaign but no response. It's not hard to understand. He was Chief of Staff for ex LA Council member Felipe Fuentes, when Fuentes was in the Assembly. Fuentes was never forthcoming, so obviously Bocanegra followed in his Boss’s footsteps.   I had to smile at Bocanegra's web site since one of the words used to describe him was "humble." 

The ex assemblyman has some skeletons in his closet.   I found some letters on line from a group of high powered women who wrote the LA Weekly "We are asking that you please make public any sexual harassment complaints made against Raul Bocanegra, including what the investigation found of said complaint and whether or not a financial settlement of any kind was reached. These are taxpayer dollars and voters have a right to know if a State employee's sexual harassment settlement cost the taxpayers money while still allowing him to continue to walk the halls of the State Capitol." 

The LA Weekly asked for a copy of the complaint; received it, but didn't mention the disposition.   Of course the LA Weekly gave Fuentes the "Worst Congressman of the Year." award. Bocanegra as his Chief of Staff should probably share that title. 

We Americans do not encourage excellence in our leaders. In order to run for anything one needs to belong to a group, or political party. In order to get support, a candidate must convince his/ her backers by either compromising or acquiescing to so many people, in spite of good intentions, one has diluted the original reasons for running for political office. Patty Lopez was the exception in 2014. I hope for District 39's sake she is again. 

This is why Hillary Clinton's email server issues don't bother me. We all have flaws. On a scale of one to ten that was a stupid mistake but it didn't hurt the country. If we compare flaws, I'll take Hillary any day compared to her opponent. 

He did say something that I agree with: We should have term limits for all Federal political offices. Three six-year terms for Senators; four two-year terms for House seats. This is the only way we will be able to encourage our best and brightest to be an integral part of the governing process. 

As always comments welcome

 

(Denyse Selesnick is a CityWatch columnist. She is a former publisher/journalist/international event organizer. Denyse can be reached at: [email protected])

-cw

Free Black Cats on Halloween: Garcetti’s Dangerous Delusion

@THE GUSS REPORT-Dishonest or disconnected: on any given week, you never know where LA Mayor Eric Garcetti is going to land on Planet Policy. Last week, I proved how his administration knowingly falsified thousands of pet adoptions, one of his many and ongoing dishonest humane claims -- with more to come. A week later, it is still the #1 Most Viewed article on CityWatch.

This week, Garcetti’s administration is showing its total disconnect from humane issues, causing a public backlash by giving away animals for free (a dangerous idea at any time) – including black cats and kittens – during Halloween week. This practically begs for their torture, exploitation or abandonment soon thereafter. 

So say former LAAS Commissioners from the administrations of Garcetti’s two predecessors: 

Laura Beth Heisen, an attorney and MBA, is a former LAAS Commissioner appointed by Mayor James Hahn and is chair of the City’s Spay/Neuter Advisory Committee, appointed by City Council president Herb Wesson. She warns, “The number one rule of rescue is: ‘No free animals, especially prior to Halloween!’ For good reason. They wind up being used for abusive, tortuous non-pet purposes like bait for dog fighting, sold for lab experiments or bizarre Halloween rituals.” 

Marie Atake, founder of Forte Animal Rescue in Marina del Rey was an LAAS Commissioner appointed by Mayor Antonio Villaraigosa. She says, This type of practice only reminds us that (in politicians’ views) animals are commodities, hence the animals in the pound are treated the same as impounded cars; actually those cars are more valued than sentient animals! To city officials, animals are important only when they make their empty promises to get elected. How many of them ever visit the LA animal impound facilities once they’re in office? I spoke up for the animals, and was threatened by the Mayor’s office to ‘shut up or else,’ and I chose the ‘else’ and resigned from the LAAS Commission. It is a shame that the most important qualification to stay on the LAAS Commission is to not care for animals and just rubber stamp. This campaign is another example that proves their priorities and intentions.” 

Atake’s point shines a glaring light on the comprehensive lack of prior humane experience by virtually all of Garcetti’s current shelter Commissioners: 

Alisa Finsten was appointed last week to the LAAS Commission with zero inquiry by City Council on her qualifications for the role and her knowledge of humane policy. 

Earlier this summer, Garcetti appointed Olivia Garcia to the Commission with the comparatively stellar qualification of “occasionally doing some transportation of animals for a local charity.” 

LAAS Larry Gross possesses extremely deep qualifications…to be on any Garcetti panel related to housing and tenants’ rights issues, but has threadbare prior experience in humane issues. 

Then there’s the bickering duo of Roger Wolfson and president David Zaft who spend more time in meetings on their petty, personal differences than on policy…when Wolfson actually shows up to meetings. 

This seems to be Garcetti’s end-goal: keep misleading the public on humane issues by maintaining a dumbed-down LAAS Commission light on experience and featherweight in courage. Garcetti would need to first show he cares about a problem before taking measures to fix it. To date, he has proven only the opposite.

 

(Daniel Guss, MBA, is a contributor to CityWatchLA, KFI AM-640 and Huffington Post. Follow him on Twitter @TheGussReport. His opinions are his own and do not necessarily reflect the views of CityWatch.) Edited for CityWatch by Linda Abrams.

 

EEK! Elections. Emails. Education.

It's Halloween and the fate of the Republic is in our hands. A double whammy, if you dare.

There’s much talk about how little talk there has been about public education in the presidential election. I guess the Russians just aren’t interested enough in American education policy to dump emails on the topic.

One leaked email did have particular relevance to public education though. David Dayen in the New Republic calls it “the most important Wikileaks revelation.”  

A month before the 2008 presidential election, a senior Citicorp executive sent his appointment picks to Obama advisor John Podesta. Those preferences included Arne Duncan as Education Secretary. Duncan, who put the public-education-as-a-competitive-marketplace on steroids. So destructive was Duncan that his legacy is that the decades-in-waiting revamp of the Elementary and Secondary Education Act removes most of the power from the Secretary of Education.

Flash forward to 2016, when some education activists are crying foul that their union leaders might be, well, leading. Randi Weingarten and Lily Eskelson Garcia appear to be having discussions about education with Hillary Clinton. For shame!

While many education advocates are grateful that the frontrunner’s advisors this time around include actual educators, the more militant activists see something nefarious. They could be relieved, though, that leaked emails show that the Clinton campaign recognized Rahm Emanuel as a liability for the civil war he has stoked against Chicago public schools. These are indicators that we might be in for some change of thinking about public education policy if Love Trumps Hate.

You do need WikiLeaks to see that education issues are out in the open in other elections.

Massachusetts is having a hu-u-u-ge public debate about lifting its charter cap, which even LAUSD ex-pat and Boston Supe Tommy Chang opposes. Elected officials in that state, from mayors to Senator Elizabeth Warren, oppose lifting the cap, and the massive out-of-state and decidedly right-wing money backing “Question 2” has raised eyebrows enough to show the charter agenda is about a lot more than charter schools.

In Oakland, the charter group deceptively named Parent Teacher Alliance (the same PAC that ran the disgusting campaign against LA school board veteran Bennett Kayser) gave money to an anti-rent control group. It’s connections like this that show the charter lobby has far bigger interests than putting students first, or in this case, even under a roof.

Salon reprinted a post from Capital and Main about what those billionaires really want out of the charter industry (and a third installment is coming soon). 

Closer to home, local reporters continue to help the CCSA get its point across to the public. KPCC touted the highest priority of the charter lobby: to transfer the power of charter authorization away from those pesky elected school boards. Afterall, it would be a lot easier for the charter lobby to control one appointed state board than to pick candidates in so many messy local elections for school districts up and down the state.

That drew the ire of Curmudgucation, a.k.a. Peter Greene, who had a thing or two to say about Kyle Stokes’ framing of the board as the fox in charge of the henhouse. This notion is lifted right out of the charter lobby's playbook. 

I’m no reporter, but, no, simply asking school board members for reactions to the CCSA's talking points does not count as in depth reporting.

The public deserves a fuller picture of the inherent conflict between the CCSA and LAUSD. The school board is elected by the public to oversee public assets and investments of the school district. The fact that the board is pushing back against the massive giveaway to charter school corporations is a result of voters throwing out the rubberstamping board members of yesteryear. Presenting CCSA's perspective without explaining that its mission is to displace the public school system is misleading at best.

The time is NOW to make it clear that our own elected leaders are the only officials who should authorize schools in our district. Tell your elected officials at every level how important this is. It's the week before a presidential election. Chances are, you'll be hearing plenty from them in the next few days. And the backers of the agenda to have someone else make those decisions are so wealthy, they could easily slap it on the next ballot.

LAUSD does not always make it obvious that we're looking out for our schools either. For example, why is this neighborhood school advertising Great Public Schools Now's takeover of the district as just another parent choice? Is somebody in LAUSD wanting to give away our schools? 

It's confusing enough to find our who's on our side. Take a look at this convoluted web:

Button your hatches! In my neighborhood and all over the west side, the CCSA has paid parent organizers and a group called SpeakUp Parents! infiltrating grassroots school groups, promoting *choice* and trashing the district for being non-responsive to parents. Are they in your neighborhood yet?

Did you see this? PSconnect got mentioned in the Washington Post for fighting on behalf of Los Angeles public schools! 

Please support our public programs. We really want to engage the community in discussion about the issues that matter for the survival of public education in Los Angeles. We've lined up awesome speakers! Can you donate $10 today?

(Karen Wolfe is a public school parent, the Executive Director of PS Connect and an occasional contributor to CityWatch.)

-cw 

Did LA County Supes Ignore Valley Fever Risks to Female Prisoners?

SUPRESSING PUBLIC COMMENT-Five months ago on March 8, the LA County Board of Supervisors passed a motion by Michael D. Antonovich to contribute $1 million to ongoing efforts to discover a vaccine for Valley Fever.  

The disease, as the Motion describes, is an infection that is caused by inhaling certain fungal spores found in the soil and dirt.  

When inhaled, the spores “attack the respiratory system” and although many infected individuals exhibit no symptoms or experience mild respiratory illness, according to Antonovich's motion, Valley Fever "can be life-threatening” to the immunocompromised and others who are at higher risk to contract Valley Fever including infants, adults over 60 years old, African Americans and Filipinos, diabetics, and pregnant women. He notes in closing that the incidence of Valley Fever has increased dramatically in recent years, including in the Antelope Valley. 

Last Tuesday, the same five LA County Supervisors who voted in favor of the motion just described passed another motion related to Valley Fever -- approval of the Mira Loma Women’s Detention Center project including an EIR finding that all “significant adverse effects” of that project “had been reduced to an acceptable level.” 

Disturbingly, a fact considered significant by the Board in the March 8th motion -- that Valley Fever can be "life-threatening” to certain vulnerable groups -- was completely absent from the presentation made to the Board regarding potential adverse effects of the project. This is crucial, because the facility will be located in Lancaster, in the Antelope Valley, where the rate of Valley Fever, according to the Board’s own statistics, is 1300% higher than that of the rest of LA County.  

Although Supervisor Solis raised concerns about Valley Fever three separate times during the Board discussion, she never once asked about how inmates who fit one of the vulnerable profiles -- African-American, Filipino, immunosuppressed (including HIV-positive), pregnant, or some combination thereof -- will be kept safe. Most of these inmates just described have the additional vulnerability of coming from outside the region which lowers the chance that they have built up an immunity to the pathogen.  

And it’s an important question, when you consider, for example, that according to the LA County Department of Health, it is appropriate to “warn people at high risk for severe [Valley Fever] not to travel to endemic areas when conditions are most dangerous for exposure.” [Acute Communicable Disease Control 2014 Annual Morbidity Report.] Those conditions include dust storms caused by the kind of high winds endemic to Lancaster. (Watch DPH powerpoint for the Santa Susana Field Lab Community Advisory Group.) 

If it’s appropriate to warn a woman who is African-American or pregnant or both not to even visit Lancaster, how can it be appropriate to incarcerate her there? 

That question would have been posed to the Board prior to their approving the item if Chairman Solis had not shut out the public. Having cleared the room earlier in the day, because of some rowdy protesters opposing the Mira Loma project, the Supervisors recessed into closed session for almost an hour. When they returned, the protesters were gone, leaving about twenty calm individuals wanting to speak on both sides of the prison item. And yet despite numerous calm entreaties for the public to be let back into the meeting, Chairperson Hilda Solis kept the doors shut.  

It’s shameful. It will never stand.

 

(Eric Preven is a CityWatch contributor and a Studio City based writer-producer and public advocate for better transparency in local government. He was a candidate in the 2015 election for Los Angeles City Council, 2nd District. Joshua Preven is a CityWatch contributor and teacher who lives in Los Angeles.) Prepped for CityWatch by Linda Abrams.

 

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