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Wed, Apr

City Ignores Review Panel Advice, Nixes Skid Row NC Election Complaint … Law Suit Possible

SKID ROW POLITICS- In a stunning turn of events the City of Los Angeles’ Department of Neighborhood Empowerment (DONE) issued a shocking “final determination” in the highly controversial Skid Row Neighborhood Council subdivision election which led to three election challenges that were each upheld by an Election Challenge Review Panel convened by DONE itself.

(Photo above: General Jeff Page.) 

DONE completely threw out each of the Review Panel’s recommendations, which included initiating a 60-day investigation (to possibly uncover more evidence) followed by the possibility of an entirely new election, and instead decided to certify the election results as they stood on election day, with Skid Row’s hopes of creating a much-needed neighborhood council crushed by a mere 60 votes, 826-766. 

The election challenges arose from evidence of illegal online campaign propaganda which connected to the Downtown Los Angeles Neighborhood Council (DLANC) which, if found in violation, could have resulted in an overturned election. 

How did DONE come to this seemingly out-of-nowhere decision? Let’s examine the facts. 

On April 6, the Skid Row subdivision election took place. Any challenges had to be filed within 5 days. Skid Row representatives filed 5 official election challenges, of which two were dismissed in DONE’s initial review, leaving three valid challenges. 

On April 14, a letter was issued to Skid Row NC- Formation Committee leaders and in paragraph 7 it states “The Department of Neighborhood Empowerment reviewed the election challenges, and will be convening an Election Challenge Review Panel to resolve the pending challenges”. 

Just as two of the other challenges were dismissed rather quickly by DONE, if there wasn’t sufficient evidence in the remaining three challenges, why didn’t DONE dismiss those challenges also? 

In DONE’s “final determination” letter it states, “Per Section XII of the Subdivision Election Manual, the supporting documentation for election challenges MUST prove that the alleged challenges are not only valid, but would also have made a difference in the election results for the Election Challenge Panel to have the factual basis to uphold the challenges”. 

What DONE failed to include is the very next sentence- “Challenges without such supporting documentation will AUTOMATICALLY be rejected.” 

So, again, if DONE (who in their own words) stated they reviewed each of Skid Row’s challenges, why didn’t they AUTOMATICALLY dismiss all 5 Skid Row challenges from the beginning? Instead they wasted everyone’s time, money and energy only to ultimately toss out both the Review Panel’s recommendations and subsequently Skid Row’s challenges, then at the end of the process point to reasons that were already in their control when they first reviewed the documentation but also completely contradict DONE’s logic in their final determination. Were they hoping a “negative to Skid Row” Review Panel decision would’ve been to blame so DONE wouldn’t look like the bad guys? ...Oops! 

Further, during Skid Row’s presentation before the Review Panel on May 3rd, their Formation Committee Chair revealed that DONE’s metrics used to reach an “inconclusive” determination in their initial report to the Review Panel was flawed, thus causing an incorrect determination which DONE again mistakenly referred to in it’s “final determination” letter. 

To be specific, DONE compared a “Unite DTLA” e-mail to what they wrongfully claimed was a “second” Unite DTLA e-mail. But, in fact, the second e-mail was from “DTLA United”, which thereby automatically created different outcomes in DONE’s in-house investigation. 

Their inconclusive determination was strongly based on inaccurate metrics. And instead of getting it right the second time (for their “final determination”), they, again, somehow drew the very same conclusion based on the very same metrics. 

This suggests that either DONE didn’t bother to correct it’s previous mistakes or was simply too lazy to perform the necessary due diligence. This, then, suggests severe negligence and/or dereliction of duty. 

Even further, in DONE’s “final determination” letter, in the Inappropriate Remedy section, they stated the Review Panel’s “remedy of redoing the election is not appropriate for these challenges even if they were deemed to be valid”. 

The problem with this is DONE was at the hearing (General Manager and other high-ranking staff) as was the City Attorney’s office (highest-ranking neighborhood council division staff member), yet no City officials with extensive knowledge of this process stepped in to make sure that the Review Panel, who publicly deliberated right in front of the entire audience, reached at least one qualifying remedy for each of the three upheld challenges. 

This is even more evidence of negligence and/or dereliction of duty. Either said City officials simply stood by quietly (already knowing the preferred outcome they desired and anticipating it’s arrival soon thereafter) or were stunned “like deer caught in the headlights” at what the Review Panel was in the process of concluding as a result of their determined commitment to get this right to the best of their abilities. 

Throughout all of this, it should be noted that the Review Panel, selected individually by DONE, stayed focused and engaged for the entire 5-hour hearing, including listening to public comments from over 60 “concerned citizens”, the majority of which were pro-Skid Row NC- including members of other NC’s, Skid Row residents and volunteer supporters with professional expertise. 

While there are still “tons” more reasons to marvel at DONE’s position, this article closes with this- In DONE’s Subdivision Election Manual in the Challenge Remedy section, the first sentence states “If a challenge is found to be valid, remedies will be narrowly interpreted to affect ONLY the voters, candidates or seats affected.”

 

Not only did Skid Row have “a challenge which was found to be valid”, they had THREE of them! Then, DONE’s own language implies that there is a NARROW INTERPRETATION of the wideness of the scope and range for any and all remedies which are thereby limited to affect only the voters, candidates or seats affected. 

… And DONE went away from it’s own rules, regulations and procedures and hid behind their flawed findings and improper determinations. 

No surprise that the Skid Row Neighborhood Council Formation Committee is now seeking legal representation.

 

(General Jeff … Jeff Page … is a homelessness activist and leader in Downtown Los Angeles. Jeff’s views are his own.)

Cockfighting in Los Angeles - Who’s Winning?

ANIMAL WATCH-Captain Jeff Perry of The Los Angeles County Sheriff's Department announced on May 16, that they had confiscated 7,000 birds in the largest-ever seizure of fowl used for illegal cockfighting. 

The raid was a joint effort by major agencies that included the Sheriff’s Department, LA County Animal Care and Control, LA County District Attorney, Bureau of Investigation; Humane Society of the U.S., and Society for the Prevention of Cruelty to Animals Los Angeles (spcaLA.) 

On Monday, the Sheriff’s Department served a search warrant on an 80-acre property in the 29000 block of Jackson Street in Val Verde, a rural, unincorporated area of the Santa Clarita Valley. Approximately 100 personnel from the sheriff's office, along with over 50 officers and veterinary staff from animal control were involved. 

Mobile fighting rings, gaffs (curved knives which are attached to the roosters’ feet for fighting,) medications, syringes, steroids and other items were found and confiscated at the site -- all indicative of illegal cockfighting.   

The sheriff's video of the raid takes us through the scene, from arrival to the discovery of dead roosters thrown in a garbage bag. Numerous dogs are seen running loose and in kennels, and hens are caged with numerous chicks. Officials said many of the birds were sick. 

Eric Sakach, Senior Law Enforcement Specialist for The Humane Society of the United States, described how cockfighting often "goes hand-in-hand" with such other crimes as gambling, drug-dealing, illegal gun sales and murder. 

While this site has pits for fighting, Sakach said it appears to be primarily used for breeding and selling the birds, which can be "extremely lucrative." 

Officials estimated that the sales price of these animals would range from $50 to $1,500 each, meaning this seizure could result in a total loss to the bird owners (aka "cockers") of $350,000 to $10,500,000. 

Sakach said this location had been raided in 2007, when approximately 2,700 birds were seized, but it apparently started up again and expanded. 

Marcia Mayeda, Director of LA County Animal Care and Control, emphasized in a written statement: 

Cockfighting is a serious crime. Not only is it an abusive practice in which animals suffer greatly, but cockfighting birds have been found to carry diseases that pose a threat to public health and the poultry industry. Many other serious crimes occur at cockfighting operations, including the presence of illegal drugs and weapons, child abuse and neglect, domestic violence, and physical assaults. We urge residents to report any cockfighting activities, or locations where large numbers of roosters are housed, to their local animal law-enforcement agency. 

She confirmed that approximately 36 bird owners had relinquished their animals. All the dogs on the property were also relinquished and are receiving veterinary care and evaluation prior to being made available for adoption. 

Captain Perry said approximately ten people were initially detained, and the property owner has been identified and is the primary suspect in the case. The investigation is ongoing and the sheriff's department anticipates making more arrests. 

California law for cockfighting is multi-faceted -- addressing animal cruelty, training animals for the purpose of fighting, possession of implements, and being a spectator at an event. There is also an important prohibition against bringing a minor to a cockfight. 

Even if only convicted of misdemeanors, the financial penalties levied against the owner of a site for the cost of the investigation, seizure and care of the animals can be enormous and can become a lien against the property. 

Captain Perry urged anyone with information about any type of animal blood-sport activity to call their local law enforcement agency.  

Anyone with information about this current investigation, is asked to contact the Sheriff's Department Community Partnerships Bureau at 323-981-5300. Any illegal animal fighting can also be reported to "Crime Stoppers" at (800) 222-TIPS (8477) or any County law-enforcement agency. 

A SECOND COCKFIGHT BUST IN LOS ANGELES THIS WEEK 

The investigation of a location in the 13000 block of Telfair Ave. in Sylmar, prompted by complaints from neighbors of noise and offensive odors, caused members of the Los Angeles City Animal Cruelty Task Force (ACTF) to obtain a search warrant. This week they discovered 454 gamefowl in what appeared to be a training site for fighting cocks, an official confirmed.  

Most of the roosters discovered were mature and had been "altered" (a procedure called, "dubbing," which involves removing the comb, wattles and sometimes earlobes of roosters.) Only about 20 of the birds were hens, and there did not appear to be a breeding operation at this location, according to the report.  

The ACTF was formed in 2005 and is made up of LAPD officers and detectives, LA Animal Services Officers, and Deputy City Attorneys. 

A petition filed on the LAPD website indicated a hearing under Penal Code Section 599aa was set for Monday, May 15. The LA Superior Court also authorized the disposition of the gamefowl, which was carried out on Friday, May 19. It is illegal to own or maintain gamefowl within the city limits of Los Angeles, an ACTF representative advised.  

The owner of the property is reportedly facing numerous misdemeanor charges, including training animals for fighting, cockfighting, and owning/maintaining gamefowl within the City limits. 

LA CITY'S ONE-ROOSTER LIMIT    

The City of Los Angeles has a one-rooster limit, with other specific allowances, introduced by then-Councilmember Janice Hahn and adopted in 2008, (Sec. 53.71 LAMC). At that time 31 surrounding municipalities had completely banned roosters or placed severe restrictions on owning them, including requiring health inspections and special permits which could be revoked upon complaint. 

Prior to its passage, City Council offices and Animal Services reported receiving hundreds of calls per month about crowing roosters all over LA. 

Officers say the LA limit has dramatically decreased the number of complaints about crowing, sanitation and odor issues related to neighbors keeping numerous (often free-roaming) roosters, as well as curtailed the incidents of cockfighting. 

The ACTF advised that they investigate all reports of more than one rooster on a property or of suspected cockfighting, and "one-by-one is assuring that no such operation exists within the city limits." 

Another restriction that discourages keeping even one rooster is that most Angelenos living in residential or commercial zones cannot meet the distance requirements (LAMC Code Sec. 40.03), which requires a rooster or any fowl capable of crowing or making "like" noises to be cooped or otherwise humanely confined 100 feet from neighboring dwelling. This distance includes attached garages and means zero free roaming.  

IS LOS ANGELES WINNING THE BATTLE AGAINST COCKFIGHTING? 

Similar to dog-fighting, cockfighting is difficult for law enforcement to effectively address unless there is an event in progress when they arrive. Neighbors are afraid to report known or suspected cockfighters because of the violent nature of the sport and its aficionados. 

Cockfighting is not a cultural or ethnic issue. It is animal cruelty in a disturbing, perverse, public display of brutality. Participation for generations does not make it an acceptable or excusable tradition. These events commonly include drugs, guns and prostitution and are often linked to human trafficking and international crime rings. 

When cockfights are held in backyards or vacant lots, the worst members of society converge upon neighborhoods where children and innocent adults also become victims of noise, violence and exposure to criminals who would not otherwise be in the community. 

Cockfighting is now illegal in all 50 states, and California has strong, comprehensive laws to address it (see below.) Law-enforcement agencies in LA city and county have committed to winning this fight -- but they will need our help. 

If you suspect cockfighting (or other cruelty to animals) in the City of Los Angeles, call the Animal Cruelty Task Force at (213) 486-0450 or provide as much information as possible -- anonymously if necessary -- to Crime Stoppers at 1-800-222-TIPS (1-800-222-8477.) 

CA Fighting-Animal Provisions Related to Cockfighting: 

                                                           

(Phyllis M. Daugherty is a former City of LA employee and a contributor to CityWatch.) Edited for CityWatch by Linda Abrams.

-cw

 

Is Alabama Hiding Evidence It Tortured Two of its Citizens?

DEATH WATCH--Before Ronald Bert Smith’s corpse grew cold – following his patently botched execution by lethal injection on December 8, 2016 – authorities in Alabama launched a campaign of obfuscation and misinformation about what happened to him. 

It began when Prison Commissioner Jeff Dunn, himself a witness to Smith’s execution, protested: “Early in the execution, Smith, with eyes closed, did cough but at no time during the execution was there observational evidence that he suffered.” 

Dunn not only doth protest too much, Dunn lied.  

Because if you credit the macabre and unambiguous accounts of the unbiased media witnesses in attendance – not only is there a great deal of “observational evidence” Smith suffered – the publicly available information suggests he suffered a painfully slow, torturous death. 

Kent Faulk, a reporter for Alabama’s largest media outlet (al.com) and a witness to previous state executions, appeared eerily pale and shaken as he questioned Dunn on camera immediately following Smith’s death. The next day, Faulk posted a piece titled, “Alabama Death Row inmate Ronald Bert Smith heaved, coughed for 13 minutes during execution”; it includes several chilling hallmarks of an execution gone wrong: 

During 13 minutes of the execution, from about 10:34 to 10:47, Smith appeared to be struggling for breath and heaved and coughed and clenched his left fist after apparently being administered the first drug in the three-drug combination. At times his left eye also appeared to be slightly open. A Department of Corrections captain performed two consciousness checks before they proceeded with administering the next two drugs to stop his breathing and heart. The consciousness tests consist of the corrections officer calling out Smith’s name, brushing his eyebrows back, and pinching him under his left arm. Smith continued to heave, gasp, and cough after the first test was performed at 10:37 p.m. and again at 10:47 p.m. After the second one, Smith’s right arm and hand moved. 

In “Witnessing death: AP reporters describe problem executions,” Kim Chandler, also a witness to Smith’s execution, described observing the exact same “observational evidence” as Faulk. Indeed, Chandler’s description of Smith’s execution only amplifies the constitutional concern it violated the Eighth Amendment’s prohibition of cruel and unusual punishment; Chandler observed that while Smith’s chest was heaving, “he had regular loud coughing,” strong evidence he was not unconscious (and not insensate) when the excruciatingly painful lethal injection drugs were administered. 

In a sharply worded op-ed for the Washington Post on May 11, David Waisel, an associate professor of anesthesia at Harvard Medical School wrote, “[t]he drugs we use for executions can cause immense pain and suffering.” Specifically, Waisel opined that “[m]ounting evidence suggests that midazolam does not anesthetize inmates during executions, as shown by movement and difficulty breathing (each a sign that someone isn’t anesthetized) long after injection[.]” 

While Waisel’s column focused on Arkansas’ assembly line executions in April – in particular, the problematic execution of Kenneth Williams – his opinion is just as trenchant and ultimately damning for the future of constitutionally kosher executions in Alabama.  

Waisel concluded: (1) “When midazolam is used, executions predictably go awry;” (2) “[V]iolent and painful executions will continue as long as we attempt to use midazolam as an aesthetic; and (3) perhaps of greatest salience as Alabama charts its next course on capital punishment: “The state’s self-serving statements that [an] execution was flawless and proceeded according to plan do not make it so, especially when numerous eyewitnesses contradict the version of events the state is promoting.”     

At the end of October of last year, I wrote that Alabama’s Department of Corrections (ADOC) and Commissioner Dunn had duped me into believing that Alabama’s second-to-last execution – the lethal injection of Christopher Brooks on January 21, 2016 – had also gone “smoothly” and according to plan. (See “Alabama’s last execution may have burned a man alive”.) Using court filings by Brooks’ federal defenders that were buttressed by affidavits from expert medical witnesses, I accused Alabama, through the false representations of Commissioner Dunn, of “painting Mr. Brooks’ execution as a peaceful passing – like he just curled up in a comfy hammock and dozed off – never to wake again.”  

Outrageously, despite mountainous waves of “observational evidence” indicating Ronald Bert Smith’s execution was botched just as Brooks’ may have been, ADOC and Commissioner Dunn are in denial-and-hide-the-ball-mode again. 

As we careen closer to the nation’s and Alabama’s next execution – that of Tommy Arthur scheduled on May 25 – Dunn and ADOC are still pigheadedly denying the objective evidence observed by the seasoned, unbiased reporters that saw Smith die -- “observational evidence” Professor Waisel has since given undeniable and absolutely odious meaning to. 

Alabama courts are complicit in the cover-up. As reported by the Associated Press on May 16, Montgomery, Alabama Circuit Judge J.R. Gaines has ruled: “Alabama can keep secret its records from recent lethal injections, including documents about [the executions of Ronald Bert Smith and Christopher Brooks].” Arthur’s lawyers had argued for the release of ADOC logs and other records indicating Smith and Brooks may have been tortured noting, “[t]he people of Alabama have a right to know what their government is doing in their name, especially when it involves taking a life.” 

Rejecting this commonsense plea for knowledge and for decency, Judge Gaines wrote: “Any release of the execution logs would be detrimental to the best interests of the public.” 

Recently I urged “conscientious, justice-loving Alabamians” to demand that Alabama’s newly appointed Attorney General Steven Marshall “investigate and publicly address the circumstances of both [Ronald Bert] Smith and [Christopher] Brooks’ deaths.” I’m making that same plea again. But this time, instead of only Alabamians, I’m inviting all conscientious, justice-loving Americans and citizens of the world to join too.  

Demand that authorities in Alabama be honest and transparent about executions. Demand that death row inmates receive effective counsel and that they be treated fairly and humanely. Demand that torture be prohibited. And, until that can be assured, if it can ever be assured, demand that Governor Kay Ivey issue a moratorium on all executions going forward. Demand that Alabama comply with the state and federal constitutions.  

Don't ask for these things. Demand them.

 

(Stephen Cooper is a former D.C. public defender who worked as an assistant federal public defender in Alabama between 2012 and 2015. He has contributed to numerous magazines and newspapers in the United States and overseas … including CityWatch. He writes full-time and lives in Woodland Hills. Follow him on Twitter @SteveCooperEsq.) Prepped for CityWatch by Linda Abrams.

-cw

LA Women: 51% of Population, 13% of City Council!

THIS IS WHAT I KNOW-The post-inaugural Women’s March in Los Angeles brought over 750,000 participants, many of whom were women. The policies of the Trump administration, coupled with a renewed sense of “can-do” has led to an increase in grassroots activism throughout Los Angeles and beyond. The Women’s March LA Foundation committed to the national organization’s 10 Actions in 100 Days. One of those actions was the formation of Huddles, groups of neighbors, friends, or colleagues gathered for postcard, e-mail, and texting campaigns, to attend town hall meetings and marches, as well as other initiatives to make their voices heard. 

We might have suspected that, despite the disappointment many women felt when Trump took office that this organization and commitment to change would bring a new breed of Year of the Woman; but at some level, the progress of women in government, both in Los Angeles and on the national stage, has not followed suit. 

In California, we do have two female senators, following Kamala Harris’s election to the Boxer seat. However, despite Los Angeles’s status as a fairly progressive city, when Monica Rodriguez (photo above-center) edged Karo Torossian for the Council District 7 seat, capturing 52,9 percent of the vote, she became ONLY the second female member of Los Angeles City Council, joining Nury Martinez who represents the East Valley. Women and girls make up 51 percent of the city’s population but are underrepresented in the City Council. 

The underrepresentation of women office holders often results in policy repercussions. Certainly, male candidates may support legislation supporting women and families -- and characterizing such issues as “women’s issues” does us no favors. We are all impacted by policies that do not support families or women’s health issues. However, female office holders may present an additional focus on these issues. For example, Nury Martinez has committed herself to fighting human trafficking, establishing, along with LAPD Operations-Valley Bureau Deputy Chief Bob Green, the bureau’s Human Trafficking Task Force, for which she secured $1 million to fund through this year. 

The current status of female representation on the Los Angeles City Council is mirrored at the federal level where women were noticeably absent from Trump appointments, with the exception of Elaine Chao (Department of Transportation) and Betsy DeVos (Department of Education.) Women were also noticeably absent from the Senate Committee on Healthcare. The GOP’s initial healthcare package excluded many services for women, including pregnancy coverage as an “essential benefit.”

The path to increase representation at the city, state, and national levels must include support for female candidates, both in outreach and in campaign financing/fundraising. 

Groups such as She Should Run, a non-partisan project created in 2008 that has grown into a movement to inspire women to run for public office, and Emily’s List connect potential candidates with resources and organizations to forward their runs. 

By supporting these organizations, we can support a more gender-balanced government at every level, which is sound policy for all of us.

 

(Beth Cone Kramer is a Los Angeles writer and a columnist for CityWatch.) Edited for CityWatch by Linda Abrams.

Post-Post-Racial America

GUEST WORDS--It's hard not being near the top of the political food chain. It's tough being white, proud, and so easily threatened by this:

As has been increasingly obvious, “Racial attitudes made a bigger difference in electing Trump than authoritarianism.” Part of that is the sense that growing ethnic and racial diversity is a threat to white supremacy and status. Not necessarily in the Klan sense, but in the societal privilege sense. “When you’re accustomed to privilege, equality feels like oppression”: 

All this anger we see from people screaming “All Lives Matter”  in response to black protesters at rallies. All this anger we see from people insisting that their “religious freedom” is being infringed because a gay couple wants to get married. All these people angry about immigrants, angry about Muslims, angry about “Happy Holidays,” angry about not being able to say bigoted things without being called a bigot... 

A poll last week indicates nationwide attitudes are definitely shifting, just ever so slowly. Like when they threw the wheel on the Titanic hard over and she kept heading straight for the iceberg for what seemed like minutes before beginning to turn.

Pew Research reported last week:  

In 2015, 17% of all U.S. newlyweds had a spouse of a different race or ethnicity, marking more than a fivefold increase since 1967, when 3% of newlyweds were intermarried, according to a new Pew Research Center analysis of U.S. Census Bureau data. In that year, the U.S. Supreme Court in the Loving v. Virginia case ruled that marriage across racial lines was legal throughout the country. Until this ruling, interracial marriages were forbidden in many states.

More broadly, one-in-ten married people in 2015 – not just those who recently married – had a spouse of a different race or ethnicity. This translates into 11 million people who were intermarried. The growth in intermarriage has coincided with shifting societal norms as Americans have become more accepting of marriages involving spouses of different races and ethnicities, even within their own families.

The most dramatic increases in intermarriage have occurred among black newlyweds. Since 1980, the share who married someone of a different race or ethnicity has more than tripled from 5% to 18%. White newlyweds, too, have experienced a rapid increase in intermarriage, with rates rising from 4% to 11%. However, despite this increase, they remain the least likely of all major racial or ethnic groups to marry someone of a different race or ethnicity. 

Furthermore (pg. 7): 

The decline in opposition to intermarriage in the longer term has been even more dramatic, a new Pew Research Center analysis of data from the General Social Survey has found. In 1990, 63% of nonblack adults surveyed said they would be very or somewhat opposed to a close relative marrying a black person; today the figure stands at 14%. Opposition to a close relative entering into an intermarriage with a spouse who is Hispanic or Asian has also declined markedly since 2000, when data regarding those groups first became available. The share of nonwhites saying they would oppose having a family member marry a white person has edged downward as well. 

Stormfront commenters were less sanguine about what that meant. One wrote,"... it just seems America is officially over. This WILL be a complete third world nation within thirty years. Absolutely finished." Strange, because when Obama became president and the T-party rose up, Ann Coulter declared "we don't have racism in America any more" like it was a good thing. Despite Pat Buchanan lamenting “The End of White America,” in Shelby v. Holder, Chief Justice John Roberts declared. “Our country has changed."

Ask black voters in North Carolina how much.

After calling for President Trump's impeachment, U.S. Rep. Al Green of Texas received racially tinged threats. He played a few voice mails for a town hall meeting Saturday: The seven-term Democrat told the crowd of about 100 people that he won't be deterred.

"We are not going to be intimidated," Green said Saturday. "We are not going to allow this to cause us to deviate from what we believe to be the right thing to do and that is to proceed with the impeachment of President Trump."

One male caller used a racial insult and threatened Green with "hanging from a tree" if he pursues impeachment. Another man left a message saying Green would be the one impeached after "a short trial" and then he would be hanged, according to the recording.

Green took to the House floor on Wednesday to say he believes Trump committed obstruction of justice and no one's above the law. 

The good news is their numbers are shrinking, but as Jesus said, bigots you have with you always. Or something.

(Tom Sullivan is a North Carolina-based writer who posts at Hullabaloo and Scrutiny Hooligans. A former columnist for the Asheville Citizen-Times, his posts have appeared at Crooks and Liars, Campaign for America's Future, Truthout.org, AlterNet, and TomPaine.org.) Prepped for CityWatch by Linda Abrams.

-cw

 

The Trouble with Judging Judges: Not Really After the ‘Bad Boys’

JUDICIAL CORRUPTION WATCH-As Ricky used to say to Lucy, “you’ve got a lot of splain’ to do.” So too does the California Commission on Judicial Performance. 

For the years 2009 through 2015, only one judge has been removed despite nearly 11,000 complaints. As regular readers know, in 2015, the federal court’s Ninth Circuit Court of Appeals complained that due to the behavior of California judges and justices, California courts have experienced an “epidemic of misconduct.” With an increasing number of complaints, averaging about 1,200 per year, the idea that over 10,000 people could be so far off mark that only one judge’s behavior was bad enough to merit removal is hard to accept. More investigation is required. 

Let’s Look at the Behavior of Some Judges over the Years. 

In 2010, the attorney for a Child Custody Evaluator appeared in Family Court to obtain an order compelling the father to cooperate in the evaluation in light of the evaluator’s suspicions that the father may have questionable conduct with his teenage daughter. The judge said that he would take the matter under submission and told the evaluator’s attorney that he could leave as the court discussed other issues not concerning the child custody evaluator with the attorneys for the divorcing parents. 

After the evaluator’s attorney had left, the judge spontaneously re-opened the issue raised by him and proceeded to fire him saying, it was not the evaluator’s business to delve into such matters and that he, the judge, would handle it the “old fashioned way,” i.e. the teenage girl would come to court and explain the situation to the judge. 

The judge then directed lawyers not to give any notice of ruling but that he would provide notice. Thus, the child custody evaluator did not know that he had been fired by the court and the judge prevented him from following up on the father’s conduct. Months later someone sent the child custody evaluator’s attorney a copy of the hearing transcript. While the evaluator’s attorney had been complaining that he had not received any order from the court, the presiding judge in the family court sent a hostile and intimidating letter. Subsequently it was clear that the presiding judge knew about the deception which was being perpetrated upon the child custody evaluation and the judge had stopped the investigation into the father’s behavior. 

Two years later, in 2012, the CJP wrote the evaluator’s attorney a letter saying, “The commission has considered the matter and taken an appropriate corrective action as to certain but not all of your allegations. Please be advised that this is the extent of the notice and disclosure allowed by rule 102(e) of the Rules of the Commission on Judicial Performance.” When the Private Admonitions for the year 2012 were consulted for this article, there is no fact pattern which fits the complaint. Thus, there had been no private reprimand. 

Since the CJP letter came in 2012, there was certainly plenty of time for the CJP to have included it in its description of 2012 cases. From the CJP files themselves, the logical conclusion is that the CJP lied to the complainant and in reality no private reprimand had been given for the judge’s re-opening the hearing and firing the child custody evaluator in order to protect the father from investigation. 

The CJP CYAs Itself by Adding the Following to its Website: 

“In order to maintain confidentiality, certain details of the cases have been omitted or obscured, making the summaries less informative than they otherwise might be, but because these summaries are intended in part to educate judges and the public and to assist judges in avoiding inappropriate conduct, the commission believes it is better to describe the conduct in abbreviated form than to omit the summaries altogether.” 

In other words, the CJP’s description of the basis of the wrongful behavior may be so vague and abbreviated, that the complainer cannot recognize his own complaint.  

CJP Allows Judges to Obstruct Justice by witness Intimidation. 

In another case dating back to 1995, the judge in a criminal case submitted a false but secret complaint to the state bar about an attorney who happened to be a witness in her court. Two weeks earlier, the District Attorney had threatened the attorney-witness that unless the witness committed perjury and testified exactly as the DA wanted some judge would get him. After it was discovered that it was the judge who had made the secret complaint (which had been worded to appear it had been made by the defendant) the CJP said that the judge had done nothing wrong in filing the false, secret complaint against the witness. The judge refused to recuse herself. 

This judge was the infamous Judge Jacqueline Connor who five years later in 2000 presided over the first trial of the Ramparts Officers and who reversed the jury convictions and acquitted them. She had previous involvement with one of the main witnesses, Officer Rafael Perez, and had reason to be angry with him. The public has no way to assess the reality behind the appearance. 

Serious Misconduct which the CJP Conceals. 

Based upon information from the data on the CJP website, there are a number of far more serious violations of both judicial ethics and law which the CJP Website ignores. 

Why do appellate court justices get to overrule trial court decisions when no one has appealed the trial court ruling? 

Why do judges and justices have the right to keep secret their ex parte communications from opposing counsel? 

Why do judges and justices get to change the facts in a case? 

Why do judges and justices get to manufacture evidence in a case? 

Why do judges and justices get to exclude attorneys from sidebars and hearings because the judges dislike the attorney for “refusing Jesus Christ?” 

Why do judges and justices get to make adverse rulings against parties because a given party’s attorney has been blacklisted for complaining about judicial misconduct? 

Why do judges and justices get to frame people for things which they did not do and then lock them up in jail for civil confinement? This practice is more widespread than previously believed and seems to be one of the prime methods the courts use to silence their critics. 

Why do judges get to ignore the fact that Prosecutors present falsified evidence? 

Why do judges get to ignore the fact that attorneys have presented perjured declarations? 

Why do appellate court justices get to communicate to trial court judges the decisions which they should make in cases? Does the use of the attorney for the superior court make the communication between the justices and the judges proper? 

Sources outside the CJP have no trouble finding these unacceptable behaviors, but the CJP seems to be blind. Or, could it be that the CJP and the judges retaliate against attorneys who make complaints. Only 3% of complaints come from attorneys, yet they are in the best position to recognize unethical conduct as opposed to an adverse decision. 

The CJP Encourages Misconduct. 

The more one looks into the Commission of Judicial Performance and the behavior of judges, one sees that the Ninth Circuit Judges understated the situation by saying that California judges and justices “turn a blind eye” to attorney misconduct. Not only do they condone and thereby encourage extreme attorney misconduct, but they themselves actively engage in outrageous behavior with impunity. 

While the various state court judges and justices can thank Justice Paul Turner for launching these series of articles, they should rest assured (or rest very uneasily) that so much additional credible information has already flowed in and the roster of miscreants has ballooned far beyond any expectation with information ranging from the San Francisco Bay Area down to San Diego. In the Internet days, reformers spread their data around the world with a few emails, forever placing the incriminating data beyond the power of the “bad boys” to retrieve and destroy. 

As the songwriters Gilman and Scott wrote (© Sony/ATV Music Publishing LLC):     

“Bad boys, bad boys

Whatcha gonna do, whatcha gonna do

When they come for you?”

(Richard Lee Abrams is a Los Angeles attorney and a CityWatch contributor. He can be reached at: [email protected]. Abrams views are his own and do not necessarily reflect the views of CityWatch.) Edited for CityWatch by Linda Abrams.

-cw

What Happens When the Majority Doesn’t Get to Choose?

EDUCATION POLITICS-Recently there was a piece on local NPR affiliate KPCC about how the homeless population, which disproportionately suffers from untreated mentally illnesses, has exploded in recent years. This story was told without ever mentioning that the State of California emptied out most of the state’s mental institutions during the 1960s and 1970s, releasing those who knew their names and what day of the week it was, irrespective of whether they were profoundly mentally ill and in dire need of treatment. 

This was done to save money in the short-term so the State would not have to hospitalize the mentally ill and address their needs in a timely manner. This segment of the population did and does not have the political power to advocate on its own behalf. 

At the time, State courts, having an undisclosed conflict of interest, determined that profoundly mentally ill people had the "civil right" to be free...and homeless. The fact that the State of California saved a short-term fortune back then is coming back to haunt everybody a half century later with an even more massive homeless population. And often, the term “mentally ill” is not even mentioned in the context of today's news about the homeless problem. 

In brief, "news" regarding the homeless situation in the state is consistently presented without relevant historic facts and context. This is not an accident, but rather the conscious manipulation of the public to limit our options so that those in government and their corporate supporters -- who financially profit from this perverse system -- are never held accountable for prior improper actions, actions that could have been avoided if the democratic process had not been mismanaged. 

But it is not necessary to go back half a century to find other illustrations of how the public is manipulated by not being presented with all options before deciding how to take action on a given issue. In the recent LAUSD Board elections for the 4th District, the only two candidates with financial support were either from the for-profit charter industry (Melvoin) or the corrupt UTLA union leadership (Zimmer.) Neither candidate ever addressed the important issues facing public education. And neither offered any ideas on how to fix what has purposefully been allowed to go wrong in public education. 

Maybe this is why only 8% of the eligible voters bothered to vote in the LAUSD Board run-off elections. What's the purpose of voting when neither one of the candidates offers any hope for real change or ways to address the needs of the majority? 

What do you think would happen in this country, if there was a third option on the ballot every election day: the chance to choose “none of the above?”

 

(Leonard Isenberg is a Los Angeles observer and a contributor to CityWatch. He was a second generation teacher at LAUSD and blogs at perdaily.com. Leonard can be reached at [email protected]) Edited for CityWatch by Linda Abrams.

-cw

Wild and Crazy Northeast LA Elections, Redux

EASTSIDER-Thank God May 16 is behind us and the CD 1 runoff is over. Everyone has written about this race ad nauseam, so I won’t say much more, other than the fact that I endorsed Gil Cedillo (you can read it here,) and that in the later phase of the campaign, this race got about as ugly as I’ve ever seen in LA City politics, and that’s ugly indeed. Notwithstanding the huge win for Gil Cedillo (about 70/30) it’s going to take a lot of healing to make this District work together going forward. 

About that Congressional District 34 Race 

I was going to wait for the EAPD’s Endorsement meeting on May 23 to write about the Congressional District runoff, but someone decided to send out the mail-in ballots for this race during the week of May 8. Thus this article, even as people fill out their mail-in ballots. That seems very early to me, and actually overlapped the runoff elections on May 16. 

It also means we will not get to see both Jimmy Gomez and Robert Lee Ahn face-to-face before most of the mailed ballots are in, and I think that sucks. I’m not a political consultant, but I’m sure that Parke Skelton/SG&A has models as to how many mail-in ballots will already be turned in before there is any real forum or opportunity to see both candidates on May 23. This will be a detriment to being able to see both candidates in a robust campaign. 

At least in the CD 1 race, we had a number of face-to-face debates which both galvanized voters and told us a lot about our choices. Here we have a much bigger deal, an opening for a House of Representatives seat, with no term limits, in the midst of a crazy time in D.C., and it’s almost like this runoff is under the radar. 

A note to self: this campaign season has made me decide to stop using the words “progressive” and “Bernie democrat.” Everyone is running as a progressive this year, whatever their real political colors. Both Gil Cedillo and Joe Bray-Ali ran as progressives, and by now the Democratic National Committee (DNC) is trying to pretend that they are progressive. Heck, if he was still in office, Dennis Zine would probably try to pass himself off as progressive. 

Same for who is the true successor to Bernie Sanders. In the wake of the Dems getting creamed by none other than Donald Trump, suddenly the California Democratic Party is all in for Bernie. Happy faces and “The Burton legacy -- Empower the Grassroots, Build for the Future.” Grassroots? Funny how I didn’t see that from the CDP and the Clintonistas last November. And after the post-election Our Revolution staff changes, I’m not too sure who they are anymore and have stopped giving them money. Individual campaigns only. 

About Jimmy Gomez and Robert Lee Ahn 

Jimmy Gomez should need no introduction to California Democrats. Born in Fullerton, he followed the traditional Democratic establishment path to politics. From AFSCME to the obligatory east coast stint at Harvard and then on to Hilda Solis’ staff, he became the Political Director for the Nurses in California (UNAC) as he positioned himself for office. Not bad creds. 

He was elected to the Assembly in 2012, and reelected in 2014, as well as last November 2016. If you have any doubt that he is the establishment candidate in this race, a recent mailer shows Xavier Becerra endorsing Jimmy on one side; the other side reads like a who’s who of every Democratic California official, from federal to state to local. I was going to list them, but then this column would be way too long and no one would read all the names anyway. 

Mr. Gomez is handled by Parke Skelton/SG&A Campaigns, our local powerhouse political fixer lobbyist gang. Of course. Glory be to them, and if Jimmy is successful in this race, I’m sure they will handle the (yes another) Special Election that will have to be run to replace him in the legislature. 

To his credit, Jimmy is a bright, very engaged and articulate politician who has been extremely successful in the California Legislature, and was rumored to be the likely replacement for Kevin de Leon in the Senate. 

On the other side, in this season of uncouth and slimy politics, Robert Lee Ahn is the outsider who allegedly had no chance in a Congressional District carved out for a Latino. Yes, the same 800 pound gorilla as we saw in the CD 1 race.

Yet he beat 21 other candidates to win a seat at the runoff table, and even I was embarrassed to admit that I had never heard of him until the votes were counted in the primary. He is clearly running as the younger, activist, bottom-up small “d” democratic candidate who could shake up the Democratic Party Establishment. 

As far as I know, there are no public debates planned between Jimmy Gomez and Robert Lee Ahn, other than the endorsement meeting of the East Area Progressive Democrats on May 23. I think that this indicates a deliberate strategy by Parke Skelton and his gang to avoid any face-to-face debates between the two candidates. Bury the challenger in targeted mailers casting aspersions on his character, and rely on the big bucks and establishment endorsers to bring home the bacon. 

Witness a mailer I received last week, basically accusing Ahn of being a “closet Republican” trying to secretly galvanize republicans to vote for him, while Jimmy Gomez is the paragon of being “a champion for progressive democratic values.” This is silly -- there aren’t more than a handful of republicans in the district, and you can see from these mailers why I won’t use the “progressive” tag anymore. Everyone Parke Skelton represents is evidently progressively poorer from paying SG&A their fees, I suspect. 

Meet Robert Lee Ahn 

After my article pushing back against an LA Times piece with the spiffy title of LA voters “didn’t just turn their backs on Berniecrat progressivism, they went positively Clintonesque,” some of my fellow Dems let me know that Robert Lee Ahn might not be as big a Bernie progressive as I had been led to believe. Another reason I am trying to avoid the use of “progressive” and “Bernie dem.” 

So I recently went to a local meet and greet in Highland Park for Ahn. He directly took on the rap about being a Republican. His answer was that a lot of immigrants from his parents’ generation who had small businesses became republicans because that’s what business people did, and at that time, politics was not the kind of a life or death game that it has recently turned into. So he went along with his parents, like a lot of other people. 

At the same time, his father founded a non-profit group called PAVA (Pacific American Volunteer Association) which got involved in the LA River, Friends of the LA River, and even actual homeless people with the LA Mission. Mr. Ahn became seriously involved in these efforts, ultimately leading him to become a democrat as his activism increased. Hardly the picture of a conservative republican who simply registered as a democrat in 2012 to run for office. 

I believe this is a credible response. Over the years, I’ve talked to a lot of folks from Lincoln Heights, Boyle Heights, El Soreno, and Highland Park whose parents were Latino (or other) immigrants, had small businesses, and were republicans. Ahn shouldn’t be tarred with the same brush as Joe Bray-Ali has been in the CD 1 donnybrook. And as the candidate quipped, “Elizabeth Warren was once a republican too, and look at her now.” 

As a native Angeleno from the District, Ahn keys on the fact that CD 34 is of one of the poorest Districts in California, and something needs to be done about it. After the meeting I did a fact check, and he’s right. Outside of the San Joaquin Valley, CD 34 is right in there at the economic bottom, with over 25% of our residents living in poverty.  

To me, that’s the kind of thing that a native Angeleno raised locally would know, whereas other professional politicians might not really be aware of it -- or would choose to downplay this reality. Remember, aside from all the newspaper headlines about Washington, congressional members get paid to represent the troops in their district. 

The Takeaway 

Lest you think that I’m simply gushing over Robert Lee Ahn, let me assure you that I’m not. I’m not endorsing anyone. What I am saying is that if you can, delay sending in that mail-in ballot until you find out more about both candidates as legitimate contenders for the job. I just think we deserve a competitive race instead of a coronation. 

Ignore the hit pieces and check out both candidates before you cast your ballot. Obviously I recommend the East Area Progressive Dems meeting on May 23 at the Goodwill Center on San Fernando Road. I am assured that there will be at least a 15-minute or so debate between the candidates before the endorsement vote. Also, Maria Elena Durazo will be making an appearance in her run for California Senate. 

If you can, attend an event for each, or both, candidates. This is likely to be a super low turnout election, and yet it will have a serious impact on the House of Representatives and California for decades to come. We owe it to ourselves to check out our candidates rather than relying on the same old same old system that produced republican majorities in both the House and Senate. 

Your vote is important. The May 16 election had something like an 8 1/2% turnout citywide, which is pitiful, and shame on us. It also means that each and every vote counts big time. With over 61% of the ballots being cast by mail, it is all too easy to fill out a ballot without paying much attention to the candidates. You are important! Check out the candidates and the issues, and pretty please, VOTE! 

(Tony Butka is an Eastside community activist, who has served on a neighborhood council, has a background in government and is a contributor to CityWatch.) Edited for CityWatch by Linda Abrams.

-cw

LAUSD Election: ‘Reform’ and $$ Won ... So NOW Can We Focus on the Students?

THE ALPERN ADVISOR--As I addressed in a recent CityWatch piece, we just had an UGLY election between two good men on the Westside for the LAUSD Board seat:  both two-term incumbent Steve Zimmer and challenger Nick Melvoin were two good men, but that election was not easy on just about anyone ... and the low-voter turnout was in part a result of that. 

There were a variety of other reasons, of course--the amount of money involved, the recent elections burning people out on more voting, and the propaganda flying back and forth makes many a potential voter throw up their hands and scream "Whatever!  I'll sit THIS one out!" 

And then there are those of us who do not have children, and who do not think this election means much to them...while those of us who have children are both PRO-education but ANTI-LAUSD.

This election, so very expensive and favoring challenger Melvoin, was heavily funded by the pro-charter lobbies.  

And the final vote tally was higher for Melvoin than for the other elected newcomer in the San Fernando Valley, Kelly Gonez (who replaced outgoing LAUSD Boardmember Monica Ratliff).

So did the voters give the charter school lobbies a blank check?  Did the teachers' union (United Teachers Los Angeles) learn their lesson? 

Probably NO to both counts--but both the charter schools and teachers' unions need to know that reform is needed, and that the parents need to be listened to...while their children need to be prioritized by focusing on the students, and spending our ever-growing education tax dollars well: 

1) Acknowledge you screwed over the parents and students by doing the bait and switch by voting to return to the awful, terrible "start in mid-August" school year.  We had a deal.  You got the voter money in November.  And then you reneged.  You lied.  So...goodbye! 

2) Acknowledge that there is a rea$on or three why so many--the majority, even--of parents in the LAU$D send their children to charter schools.  Parents who really love their children often decide to work harder, spend more of their own money, and drive their kids long distances every day to go to their charter school of choice. 

3) Acknowledge that UTLA is really a horrible, horrible union that is as regressive a caricature of out-of-touch, self-serving public-sector unions that we've ever seen.  Hence the flight of so many otherwise-progressive parents and their children to charter schools.  Really, UTLA...you really are one the biggest reasons it's so darned tough to raise kids in Los Angeles. 

4) You can hate Donald Trump and Betsy DeVos all you want, but can we please do better than Common Core?  Standards are awesome, and standardized tests are vital...but the ivory tower wizards who dominate Common Core are the worst--and our children have been hurt because of those evil wizards (who probably think they're doing the Lord's work). 

5) When DO we stop talking and start building bridges between colleges, vocational schools, and other pathways that leads to jobs, financial literacy, and economic self-sufficiency for children? 

6) When DO we start spending our money better and build more colleges (even if that means ripping away 5-10% of state K-12 funding to do it)? 

7) The elections are over--we want parental input and control, and we want front-line teacher input and control.  Probably the principals/administrators are the ones who need reforming (and perhaps some firing) first, but the teacher/parent/student relationship is more vital than ever to consolidate, and those who did vote made it clear that was their #1 goal.   

Who knows if bridges can ever be built by the newcomers to the supporters of those who lost in the LAUSD elections---and arguably, unless UTLA leaders (and members) have a "come to Jesus" moment that the UTLA really is the "Darth Vader" of local education in Los Angeles, will they ever come on board? 

It's up to these relatively low-paid LAUSD Board members with their extremely well-funded election coffers to restore the trust of the voters, taxpayers, parents and other adults who made a tough decision just now. 

But more importantly, it's up to the LAUSD Board to start really, REALLY focusing on the students...because while our educational gurus SAY they're focusing on the children, it's pretty clear that the adults need to admit to their own lack of education, and their own lack of ability, in meeting the needs of the children they are supposed to be serving.

 

(Kenneth S. Alpern, M.D. is a dermatologist who has served in clinics in Los Angeles, Orange, and Riverside Counties. He is also 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 was co-chair of the CD11 Transportation Advisory Committee and chaired 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 Dr. Alpern.)

-cw

Forget Fiscal Responsibility: Jerry Brown Embraces Pension Shell Game

LOOMING PENSION PAIN--The Jerry Brown administration last week released its revised May budget and, lo and behold, it has finally decided to (kind of, sort of) tackle the state’s massive and growing level of unfunded liabilities – i.e., the hundreds of billions of dollars in taxpayer-backed debt to fund retirement promises made to the state’s government employees. 

It’s best to curb our enthusiasm, however. The governor didn’t have much of a choice. This was the first state budget that is compliant with new accounting standards established by the Governmental Accounting Standards Board that requires states to more properly account for retiree medical and benefits beyond pensions. 

Because of those new standards and low investment returns, the state’s unfunded liabilities (including the University of California retirement system) soared by an astounding 22 percent since last year. But even this new estimate of $279 billion in liabilities is on the optimistic side. Some credible estimates pin California state and local governments’ pension liabilities at nearly $1 trillion, based on more realistic rate-of-return predictions. 

The pension system invites eyes-glazing-over debates about the size of the liability. That’s because debts are calculated on guesswork about future investment earnings. The California Public Employees’ Retirement System (CalPERS) recently voted to lower its predicted rates from 7.5 percent a year to 7 percent. The lower the predicted rate, the higher the liabilities, which is why CalPERS and the state’s unions are so bullish on Wall Street. 

CalPERS’ latest investment returns were below 1 percent, but the agency insists there’s nothing to worry about and no need to do the unthinkable (reduce future benefit accruals for current employees.) That’s the same CalPERS, of course, that in 1999 assured the Legislature that a 50-percent retroactive pension increase wouldn’t cost taxpayers a dime.  I suppose CalPERS was right. It didn’t cost a dime, although it did cost many billions of dollars. Their returns were then yielding 13.5 percent a year, and CalPERS figured the heyday would go on forever. 

The other reason to be skeptical of the Brown administration’s commitment to solving the problem can be found in the May revise itself. The budget “includes a one‑time $6 billion supplemental payment” to CalPERS, according to the Finance Department. “This action effectively doubles the state’s annual payment and will mitigate the impact of increasing pension contributions due to the state’s large unfunded liabilities.” 

Where is the extra $6 billion coming from in a budget that supposedly is so pinched that the governor recently signed a law raising annual transportation taxes by $5.2 billion? 

Simple. The state is borrowing the money to pre-pay some of its debt. “The additional $6 billion pension payment will be funded through a loan from the Surplus Money Investment Fund,” according to the budget summary. “Although the loan will incur interest costs (approximately $1 billion over the life of the loan,) actuarial calculations indicate that the additional pension payment will yield net savings of $11 billion over the next 20 years.” 

In other words, the state will be borrowing the money at fairly low interest rates and then investing the money and earning, it hopes, higher rates. The difference will help pay down some of those retirement debts. Even the well-known pension reformer, Sen. John Moorlach, R-Costa Mesa, lauded the administration for embracing that idea. 

But it’s something of a shell game. It should work out well, provided the markets do as well as the state expects. In doing this, however, the state is taking out new debt that will need to be repaid. There’s no free money here. A number of localities have embraced a similar strategy with pension-obligation bonds, which are a form of arbitrage, in which the government is borrowing money and betting on future market returns. 

This gimmick is similar to the one people will embrace in their personal lives. Are those credit-card debts crushing the family budget? Then borrow money from the home-equity line of credit at 5 percent and use it to pay down the 10-percent credit card loans. It makes sense, but it doesn’t deal with the real problem of excessive consumer spending. 

“This is the Band-Aid,” said Dan Pellissier, a former aide to Gov. Arnold Schwarzenegger and well-known state pension reformer. “The surgery everyone is trying to avoid is on the California Rule – changing the benefits public employees receive in the future.” 

When it comes to pensions, everything comes back to that “rule,” which isn’t a rule but a series of court precedents going back to the 1950s. In the private sector, companies may reduce pension benefits for their employees in the future. An employee can be told that, starting tomorrow, she will accrue pension benefits at a lower rate. The California Rule mandates that public employees, by contrast, can never have their benefit levels reduced. 

That limits options for reform. In 2012, Gov. Brown signed into a law the Public Employees’ Pension Reform Act (PEPRA), which promised to address the pension-debt problem by primarily reducing benefits for newly hired employees. A reform that affects new hires will reduce contribution rates but won’t make an enormous difference until they start retiring. 

“Gov. Jerry Brown’s attempt at pension reform has failed,” opined Dan Borenstein, in a recent East Bay Times column. The reason: the rapidly growing pension debt. “The shortfall for California’s three statewide retirement systems has increased about 36 percent. Add in local pension systems and the total debt has reached at least $374 billion. That works out to about $29,000 per household.” 

CalPERS rebutted Borenstein by arguing that he “greatly oversimplifies and needlessly discounts the real impact that Governor Brown’s pension reform has had since it took effect in January 2013.” The pension fund insists, “PEPRA already is bending the pension cost curve – and will keep doing so with greater impact every year going forward.” 

Yet the growing liabilities and the administration’s latest budget plan suggest that whatever minimal cost savings PEPRA is achieving aren’t nearly enough. Of course, union-controlled CalPERS’ goal isn’t protecting taxpayers or the state general fund – it is to enhance the benefits of the state workers whose pensions it manages. 

As Calpensions explained, that $6 billion of borrowed money doubles the amount of general-fund dollars that the state is paying to deal with pension obligations. Meanwhile, as the state borrows money to pay that tab, it raises taxes to fund transportation. If Brown and the Legislature had trimmed pension costs, it would not have needed to raise gas taxes and the vehicle license fee. And the problem reverberates for local governments, too. 

The May revise also showcased the same old issue with the administration’s priorities. Los Angeles Times columnist George Skelton noted that “Brown’s entertaining rhetoric itself made him sound, as usual, like a skinflint, a penny-pinching scold. But the introductory document could have been written by Bernie Sanders, if not Depression-era Socialist Upton Sinclair, the losing 1934 Democratic candidate for governor who ran on the slogan ‘End Poverty in California.’” 

The budget championed myriad big-spending programs, including higher pay for public employees. So the state has been spending like crazy, but can’t manage to deal with its pension problem – at least not without borrowing money to temporarily paper over its growing debt. 

All these games are about avoiding dealing with the obvious fact that California’s public-employee pensions are absurdly generous, filled with costly and anger-inducing features (spiking, double-dipping, liberal disability retirements, etc.) and unsustainable. 

In 2011, the state’s official watchdog agency, the Little Hoover Commission, argued to the governor that “Public agencies must have the flexibility and authority to freeze accrued pension benefits for current workers, and make changes to pension formulas going forward to protect state and local public employees and the public good.” Six years later, the governor is still just chipping away at the edges by embracing gimmicks.

 

(Steven Greenhut is a contributing editor to the California Policy Center, on whose website this piece originally appeared. He is Western region director for the R Street Institute. Write to him at [email protected].) Prepped for CityWatch by Linda Abrams.

City Hall: Alcohol Kills, Isn’t Anybody Listening?

NEIGHBORHOOD POLITICS--In the four plus decades I have lived in Los Angeles, I’ve seen the huge impacts on our community -- both positive and negative – of liquor stores, markets, and other retail alcohol establishments. We have many responsible and conscientious business owners that sell alcohol. But not all sellers are in that group. 

Being able to manage how these businesses sell and serve alcohol is crucial, particularly considering the endless influx of more alcohol-related businesses into our crowded neighborhoods. 

There are currently over 900 applications for new alcohol licenses in the City of Los Angeles. The challenge here is that the city and the state rarely if ever deny alcohol license applications. The state cannot provide any real monitoring of problems stemming from these establishments and the city has recently shut the door on public input concerning the acceptable practices of these licensees.

Most of us in LA have felt alcohol’s impact in one way or another. 

No one enjoys having to step over someone who is passed-out on the sidewalk while en route to their morning coffee or their children’s afternoon theater performance. Nor do people like having their late night sleep ruined by loud music with folks screaming outside their window or seeing bunches of after-party red cups strewn throughout the neighborhood on a morning walk. 

For years, committed community members, including LAPD and neighborhood councils, have worked with new business operators, sometimes for months, to reach mutually agreed upon operating standards for alcohol sales, known as “alcohol-specific conditions.” This created a platform for dialogue between alcohol retailers and the community and a means of insuring a neighborhood’s quality of life. 

These conditions -- which for decades, through a public hearing process, were placed on alcohol permits to curtail problems such as late night nuisances and noise, loitering, or the sale of youth-attractive alcohol products -- are routine in cities throughout the state. 

Unfortunately, the City of Los Angeles has recently taken the position that alcohol-specific conditions are no longer permissible, which ultimately silences community input into how alcohol is sold and served locally. In addition to refusing these standards for new businesses, alcohol-related conditions already in place for established businesses are deemed “unenforceable” -- the city is essentially stripping them out.

This is nothing short of outrageous and completely unacceptable. It flies in the face of our democratic process and our rights as residents, business owners, and property owners. 

South Los Angeles residents have long protested the proliferation of liquor stores as well as the absence of healthful food and quality markets.

Downtown and Hollywood have some of the highest concentrations of bars, clubs, and other on-premise alcohol establishments along with the noise, nuisances, fighting, and crime that accompany it. The sale of single-serve containers to serial inebriates helps fuel the homelessness challenges in many parts of the city. 

Westside communities suffer from high concentrations of crowded bars and restaurants that send noisy, drunk patrons out to litter, urinate, and worse in the yards of nearby residents. 

Twelve of 15 Los Angeles City Council districts -- 1, 2, 4, 6, 7, 8, 9, 10, 12, 13, 14 and 15 -- rank in the top tier for their incidence of three or more different alcohol-related harms -- violent crimes, vehicle crashes, deaths, emergency department visits, and hospitalizations, according to a recent County study. 

And alcohol-related problems pose hardships across LA. In fact, each year alcohol-related problems take approximately 2,800 lives in the county, accounting for approximately 80,000 years of potential life lost, and costing the county an estimated $10.3 billion a year. That’s $1,000 every year for every child and adult in the county! 

LA is one of the only cities in California that prohibits local conditions and this is extremely disempowering for our communities.

These conditions are in many cases our only protection from alcohol-related problems since we absolutely cannot rely on the state to manage those problems for us. 

To rectify the situation and restore our community voice in these important decisions, a “conditions motion” is circulating and gaining momentum across the city. The motion asks City Council to return to its former practice of allowing alcohol-specific conditions, and to cease stripping existing conditions. 

Conditions are good for businesses. Allowing the community to come to a consensus with a new business operator around key practices helps speed the “path to yes.” Getting critical community buy-in facilitates the successful establishment of new alcohol businesses. And when businesses negotiate conditions at the local level, they don’t have to renegotiate at the state level, which saves them time and money, and ultimately encourages more growth and development.

Recently the South Los Angeles Alliance of Neighborhood Councils (SLAANC) voted in favor of this motion. It also has the support of the Zapata-King Neighborhood Council, along with 15 other neighborhood and area councils, including the Westside Regional Alliance of Councils (WRAC), and nearly 20 public health agencies including Children’s Hospital of Los Angeles, and alcohol industry watchdog, Alcohol Justice. This motion is critical to ensure that our community’s longstanding efforts to address alcohol problems are not dissolved. 

The Valley Alliance of Neighborhood Councils and other alliances will soon have an opportunity to support this motion. This way we can get the city to again start honoring these standards.  

I urge the VANC board and others to join with SLAANC and WRAC and all the other neighborhoods in standing up for our communities and businesses by supporting this motion. 

We deserve to have our voices heard again.

 

(Jean Frost is a long time resident of West Adams and chair of the Policy Committee for NANDC, the West Adams neighborhood council organization.) Edited for CityWatch by Linda Abrams.

Chiang’s Gone Madoff

PERSPECTIVE--In a recent news release, State Treasurer John Chiang said:  “…the Governor and I are partnering on a fiscally prudent plan to buy down our pension debt using what Albert Einstein once called ‘the eighth wonder of the world,’ compound interest. ” 

It’s not Albert Einstein he should be crediting, but Bernie Madoff.

Read more ...

Big Money Wins in LA: Melvoin Spent 71% of the Money to Get 57% of the Vote

HIGHJACKING DEMOCRACY IN LA-Once Nick Melvoin joins the Los Angeles Unified School District board, he’s going to require all high school civics teachers to add a new lesson plan to their curriculum: “How To Buy An Election.” 

That’s what happened on Tuesday. Melvoin and his billionaire backers dramatically outspent school board president Steve Zimmer’s campaign, making the District 4 race the most expensive in LAUSD history. 

Political pundits will spend the next few days and weeks analyzing the Los Angeles school board election, examining exit polls, spilling lots of ink over how different demographic groups -- income, race, religious, union membership, gender, party affiliation, and others -- voted on Tuesday. 

But the real winner in the race was not Nick Melvoin, but Big Money. And the real loser was not Steve Zimmer, but democracy – and LA’s children. 

Melvoin’s backers -- particularly billionaires and multi-millionaires who donated directly to his campaign and to several front groups, especially the California Charter School Association (CCSA) -- outspent Zimmer’s campaign by $6.6 million to $2.7 million. Melvoin got 30,696 votes to Zimmer’s 22,766. In other words, Melvoin spent 71% of the money to get 57% of the vote. 

Here’s another way of looking at the election results: Melvoin spent $215 for each vote he received, while Zimmer spent only $121 per vote. 

There’s no doubt that if the Zimmer campaign had the same war-chest that Melvoin had, he would have been able to mount an even more formidable grassroots get-out-the-vote campaign and put more money into the TV and radio air war. Under those circumstances, it is likely that Zimmer would have prevailed. 

Billionaires, many of whom live far from Los Angeles, bought this election for Melvoin. Their money paid for non-stop TV and radio ads, as well as phone calls, mailers and newspaper ads (including a huge wrap-around ad on the front of Sunday’s LA Times.) Melvoin’s billionaire backers paid for 44 mailers and at least $1 million on negative TV ads against Zimmer.  

The so-called “Independent” campaign for Melvoin was funded by big oil, big tobacco, Walmart, Enron, and other out-of-town corporations and billionaires. They paid for Melvoin’s ugly, deceptive, and false attack ads against Zimmer, a former teacher and current school board president. Melvoin is so devoted to the corporate agenda for our schools that during the campaign he said that the school district needed a “hostile takeover.” 

Among the big donors behind Melvoin and the CCSA were members of the Walton family (Alice Walton, Jim Walton, and Carrie Walton Penner) ― heirs to the Wal-Mart fortune from Arkansas. Alice Walton (net worth: $36.9 billion), who lives in Texas, was one of the biggest funders behind Melvoin’s campaign. Other Melvoin and CCSA backers included Michael Bloomberg (net worth: $48.5 billion), the former New York City mayor; Reed Hastings, CEO of Netflix (net worth: $1.9 billion), who lives in Santa Cruz;  Doris Fisher (net worth: $2.7 billion), co-founder of The Gap, who lives in San Francisco; Texas resident John Arnold (net worth: $2.9 billion), who made a fortune at Enron before the company collapsed, leaving its employees and stockholders in the lurch, then made another fortune as a hedge fund manager; Jeff Yass, who lives in the Philadelphia suburbs, and runs the Susquehanna group, a hedge fund; and Frank Baxter, former CEO of the global investment bank Jefferies and Company that specialized in “junk” bonds. 

What do the corporate moguls and billionaires want? And what did Steve Zimmer do to make them so upset? 

They want is to turn public schools into educational Wal-Marts run on the same corporate model. They want to expand charter schools that compete with each other and with public schools in an educational “market place.” (LA already has more charter schools than any other district in the country.) 

They want to evaluate teachers and students like they evaluate new products -- in this case, using the bottom-line of standardized test scores. Most teachers will tell you that over-emphasis on standardized testing turns the classroom into an assembly line, where teachers are pressured to “teach to the test,” and students are taught, robot-like, to define success as answering multiple-choice questions on tests. 

Not surprisingly, the billionaires want school employees -- teachers -- to do what they’re told, without having much of a voice in how their workplace functions or what is taught in the classroom. Rather than treat teachers like professionals, they view them as the out-sourced hired help. 

The corporate big-wigs are part of an effort that they and the media misleadingly call “school reform.” What they’re really after is not “reform” (improving our schools for the sake of students) but “privatization” (business control of public education.) They think public schools should be run like corporations, with teachers as compliant workers, students as products, and the school budget as a source of profitable contracts and subsidies for textbook companies, consultants, and others engaged in the big business of education. 

Like most reasonable educators and education analysts, Zimmer has questioned the efficacy of charter schools as a panacea. When the billionaires unveiled their secret plan to put half of LAUSD students into charter schools within eight years, Zimmer led the opposition. In contrast, Melvoin is a big backer of charter schools and a big critic of the teachers union.  

Now the billionaires and their charter school operators will have a majority on the school board. LA will become the epicenter of a major experiment in expanding charter schools – with the school children as the guinea pigs. 

Pundits will have a field day pontificating about the LAUSD election, but in the end it’s about how Big Money hijacked democracy in LA.

 

(Peter Dreier is professor of politics and chair of the Urban & Environmental Policy Department at Occidental College and an occasional contributor to CityWatch.) Prepped for CityWatch by Linda Abrams.

-cw

Brown Wants To Pull An LA

PERSPECTIVE--Governor Brown is making an appeal to the Trump administration to transfer oversight of environmental reviews of the high-speed rail project from the federal government to the state. 

If this strategy sounds familiar, it is.  The City of Los Angeles allows developers to arrange their own EIRs.

Brown has a vested personal interest in pushing HSR.  It’s his vanity project.  It will probably put the state in a position where it will have to subsidize the system, in direct violation of Proposition 1A, as approved by the voters in 2008.

He and his colleagues, along with other politically connected interest groups who stand to benefit from the most expensive folly in history, are hell-bent to complete the project, regardless of the cost and the diversion of funds from far more critical needs.  Do not think for one moment that the state will take an unbiased approach in evaluating the results of an EIR under its control.

There is no private investor interest in the project.  That is unlikely to change even if an initial segment, constructed over the easiest terrain and serving markets with the least possible need, were to be completed. The risks of tunneling through faults in the San Gabriel Mountains, essential for fulfilling the promise of service between San Francisco and Los Angeles, will be too risky to attract sensible investors unless the state were to offer substantial guarantees and establish reserve funds.  Such a move would put California on the hook for losses. Like a subsidy, that would contradict taxpayer protections in 1A.

CAHSR will collapse under its own weight and from voter frustration with pouring more money in what will be a system which grossly underdelivers for the costs.

There is no scenario where it can be built and operated within the limits of Prop 1A.  The sooner the governor and legislature put aside their personal ambition and admit it will be a fiscal failure, the more likely the state will be able to afford far more pressing capital improvements.

There is much work to do; we do not have endless sources of affordable debt and tax revenue. Choices have to be made, and HSR is near the bottom.

(Paul Hatfield is a CPA and serves as President of the Valley Village Homeowners Association. He blogs at Village to Village and contributes to CityWatch. The views presented are those of Mr. Hatfield and his alone and do not represent the opinions of Valley Village Homeowners Association or CityWatch. He can be reached at: [email protected].)

-cw

 

 

Fate of LA's Public Schools Hangs in Balance in Major Trump-Era Election

EDUCATION P0LITICS-- A runoff election Tuesday in Los Angeles will determine the fate of public education in one of the nation's largest school districts, in a first major test of the influence of the Trump-era charter school industry.

Voters will head to the polls on May 16 to choose between charter school ally Nick Melvoin and current LA school board president Steve Zimmer in a race for District 4, and between charter school teacher Kelly Fitzpatrick-Gonez against public school advocate Imelda Padilla for a seat in District 6.

If the industry-supported candidates win, they will be able to "squash democratic control of public schools," wrote education historian Diane Ravitch on Sunday. That includes diverting public funds to corporate charter chains and entrepreneurs, widening the reach and power of an industry that has no system of public accountability and has been plagued by theft and fraud scandals.

The Los Angeles Times explained Saturday: 

If the charter-backed candidates prevail, charter advocates will win their first governing majority on the seven-member body. If the election goes entirely the other way, unions will strengthen their influence on a board that leans pro-labor. In that scenario, the board would be more likely to limit the growth of charters in the nation's second-largest school system, which has more charters and more charter students than any other school district.

"Think of this as the great Charter War of 2017," said Dan Schnur, former director of the Unruh Institute of Politics at USC. "The stakes are unusually high, substantively but even more symbolically. The outcome of these races will determine control of the largest school district in the western United States."

The election will also serve as a microcosm of the Trump administration's vision for public schools nationwide, with Education Secretary Betsy DeVos having expressed her support for privatization throughout her confirmation hearings and previously compared the controversial issue of school choice to ride-sharing apps. Secretary of State Rex Tillerson has also referred to public schools as a "product." 

"Unregulated charter schools and vouchers allow private groups to control taxpayer dollars and—in the worst cases—profit from them," Donald Cohen of the watchdog group In the Public Interest wrote at the Huffington Post last week. "But they also help fulfill a vision of society in which government is run like a business and people—and corporations—are customers."

Billionaire Eli Broad and other wealthy supporters—including Walmart heiress Alice Walton, former New York Mayor Michael Bloomberg, and Netflix co-founder Reed Hastings—have poured millions into Melvoin's campaign. Zimmer has been endorsed by Los Angeles Mayor Eric Garcetti, teacher and labor unions in LA, Sen. Bernie Sanders (I-Vt), and other city officials. But although he received 47.5 of the vote in the primary to Melvoin's 31.2 percent, Zimmer faces a well-funded opposition, and Melvoin has picked up endorsements from major players in the corporate education industry, including former Education Secretary Arne Duncan.

"Why do they want to control it? None of them has a child in the system. They despise public schools and they want to turn Los Angeles into a charter school demonstration district. It is all about power and money," Ravitch, who also endorsed Zimmer, wrote in another recent blog post. "No matter how many scandals [there] are in charter schools in Los Angeles or in California, or how many charter leaders are arrested, or how much money is stolen or misappropriated, the charter school advocates won't give up. They refuse to devote their energy and money to rebuilding the Los Angeles public school system."

(Nadia Prupis writes for Common Dreams … where this report originated.)

-cw

Finally! Mexico Bans Dog Fighting

ANIMAL WATCH-"Mexico has made dog fighting a felony with some of the strictest penalties in the world," the Yucatan News announced on May 1, 2017. "All dog fighting in Mexico is now illegal and anyone associated with it will face lengthy imprisonment and huge fines…Until now, most states in Mexico prohibited dog fighting, but now the laws are nationwide and have some big teeth." 

A petition to Ban Dog Fighting in Mexico was initiated by Humane Society International in June 2016, declaring, “There is no place for dog fighting in Mexico.”It also asked for clear enforcement and penalties.  

Over 200,000 people from all over the world signed that petition in support of the nationwide ban, demonstrating agreement with the premise that, "Dog fighting still takes place because no federal law explicitly prohibits it. Federal legislation banning and criminalizing dog fighting would eliminate the loopholes in these state laws and establish strong penalties for anyone associated with this blood competition." 

According to a leading polling agency, 99% of Mexicans condemn dog fights and 85% believe dog fighters should be penalized, the petition states.

In an illustration of the changing attitudes of the new generation and the awareness of animals as sentient beings, David Marcial Pérez, writer for El País, described on November 24, 2016 how over 200 charitable and civil organizations, including coalitions to end human trafficking, presented two initiatives to the Mexican Congress to extend a federal prohibition on dog fighting and include breeding and/or sale of any animal used for the purpose of training dogs for fighting. They also supported changes in penal code sections to include penalties for being a spectator at an event. 

Although dog fighting has been widely considered a cultural tradition, Pérez confirmed that, “a recent study shows that only 1% of people are in favor of these events, while 80% would like to see a ban.”  

Many Mexican states are also looking at imposing severe penalties, activists state. Cruel dog fighting bouts continue unabated in clandestine underground locations, but they also openly take place during municipal celebrations around the country.  

According to activists, an Annual international dog fighting even is held in Aguascalientes in the spring where as many as a dozen dog fighting matches involving pit bulls are on the bill. 

“The dogs can be worth thousands of dollars,” Antón Aguilar, executive director of the Humane Society International in Mexico, told the Mexican News Daily, "and betting at such events can be high. The breed of choice is the pit bull.” He added that the organizers of the fights usually kill dogs that lose. Even those who win the fight often die as a result of injuries or infections they sustained. 

On November 26, 2016, a Mexico News Daily headline read, "Senate approves bill to ban dog fighting," announcing, The Mexican Senate has passed a dog-fighting bill that would prohibit the organization and staging of dog fighting events at the national level and assure all dogs are treated with dignity.” 

The report explains that the bill also amends the General Law of Ecological Balance and Environmental Protection and “…stipulates basic principles regarding the care of dogs, such as the provision of adequate food and water and providing medical attention when needed.” 

Martha Carrasco, a Mexican veterinarian who lives in Los Angeles, is the local representative for APRODA (Association for animal rights and the environment,) based in Guadalajara Jal Mexico, which actively supported and is still involved in this project. 

She explained that the law was approved with 71 votes in favor, three against and three abstentions. It provides a modification to the Federal Penal Code to impose a penalty of up five years in jail and a fine of $15,000 for violation. The law will go into effect as soon as it is published in the federal register, Diario Oficial de la Federación.  

OTHER COUNTRIES THAT RECENTLY BANNED DOG FIGHTING AND OTHER ANIMAL CRUELTY 

Adding to the celebration of Mexico's legislative success is that this reflects a change in ethical thinking about how animals are viewed and treated in society in Latin America. Demands are being made on those in political office to honor the will of the people. 

Guatemala 

"On March 7, 2017, Guatemala took a huge step forward in the battle against animal cruelty," writes Susan Bird, an environmental attorney and freelance writer on animal causes. "The Congress of Guatemala passed first-of-its-kind legislation in February 2017. Now, protection is firmly in place for wildlife, animals used in research and companion animals."

The new law also bans animal testing for cosmetics, using animals in circuses, and dog fighting. "Humans who are spectators at any of these events can be criminally charged under the law as well," she adds. 

Honduras

On November 12, 2015, in Honduras Bans Use Of Animals In Circuses And Dog Fighting, Animalequality.net declared, "Honduras joins countries like Canada, Sweden, Greece, Peru, Paraguay and Costa Rica (among others) in banning the use of all animals in circuses. The Honduran National Congress approved the Animal Welfare Act that regulates use of animals in various types of industries and shows." 

The law also bans dog fighting. It credits passage to several organizations, including the Animal Rights Society of Honduras (Sociedad Animalista de Honduras.)  Penalties of three to six years in prison can be imposed and also high fines for abuse or neglect of animals. 

And a strong message was broadcast to those in other countries who want to bring about change for animals, "We hope that other countries [will] join Honduras…It is vital that protection of animals is included in the political agendas of all governments." 

The challenge will, of course, be enforcement, but that is true in every country. The fact that federal law is being written in multiple countries to change actions -- not just acknowledge theory -- will affect the atmosphere in which children are raised and, thus, the mindset of future generations about how animals must be treated.

 

(Phyllis M. Daugherty is a former City of LA employee and a contributor to CityWatch.) Edited for CityWatch by Linda Abrams.

-cw

Grassroots Group Pulls Flash Mob Stunt at Trump’s SoCal Golf Club

THIS IS WHAT I KNOW-Since Trump was elected back in November, and even during campaign season, protests and resist actions have become pretty commonplace. In fact, some have said that marches are the new “brunch.” 

Around 9 a.m. Saturday, a group of about 200 activists who refer to themselves as “Indivisible San Pedro” gathered in a public park within Trump National Golf Club in Rancho Palos Verdes. Trump National Golf Club is a public course owned by The Trump Organization. In a well-executed, creative protest, a flash mob formed the word “RESIST!” on the coastal property to call for a special prosecutor to investigate Russian interference in the election, as well as Trump’s administration and for the release of his tax returns. 

In what took about fifteen minutes, the group, dressed in white, created 30-foot tall letters while singing “God Bless America.” Organizers had investigated during the planning and found out they would not need a permit. The space is overseen by the California Coastal Commission, which deals with public access to the ocean and protects the park from encroachment. 

Indivisible San Pedro was organized post-Inauguration to voice concerns about the administration by contacting legislators, attending town halls, and participating in protest marches.

Trump National Golf Club officials and sheriff’s deputies observed from a clubhouse balcony but did not intervene.

Saturday’s flash mob attracted national media coverage and was a peaceful, creative display of resistance. With hope, the continued displays of resistance will result in policy changes and investigations. If there is an upside to the Trump Administration, it’s the increased awareness and participation on the grassroots level that has occurred, whether it be by communicating with legislators via text, phone or emails, marching, or organizing creative displays like this flash mob.

 

(Beth Cone Kramer is a Los Angeles writer and a columnist for CityWatch.) Edited for CityWatch by Linda Abrams.

LAPD Snoozing on Easy Burglary, ID and Mail Theft Case

@THE GUSS REPORT-The LAPD punted last week when it received a complaint about burglars caught on video breaking into a Sherman Oaks condominium’s mailboxes, refusing to even take a report, explaining that mail theft is a federal crime and should be handled by the U.S. Postal Service. But in doing so, the LAPD ignored the burglary committed to get to the mailboxes and likely identity theft or financial crimes done with the haul that is supposed to be handled at the local level. That enabled three more break-ins, for a total of four, by the same crew at the same location in less than a week. 

The burglaries took place on May 3, 5, 6 and 8 at the upscale condo located across from the Van Nuys-Sherman Oaks Memorial Park.

Detective Meghan Aguilar of the LAPD’s Media Relations division said that while only one such complaint was made to the station, she understood that their lack of response to it dissuaded the victims from reporting the subsequent break-ins by the same crew. 

The May 3 burglary took place at 2:33am, with a Dodger-cap wearing ringleader and a taller male accomplice.

On May 5 at 3:46 a.m. the ringleader returned alone with his face exposed but not captured on camera. 

Then on May 6 at 5:13 a.m. he returned with a waifish female accomplice. (See photo top of page.) 

And on May 8h at 9:48 p.m., he returned by himself again, without a bag for the loot, but this time with his face exposed as he first read the building directory, after which he opened only two of the four mailbox panels and took only targeted contents. 

“This is neither our policy, nor the way the LAPD is supposed to fight crime,” Aguilar said of their poor response, assuring that a detective would be in touch with the condo “in a day or two.” But nearly a week since that promise was made, the LAPD has failed to contact the property management company or condo board of directors. 

“If the LAPD ever does show up to take a report,” an unnamed condo resident said, “we also have bare-faced photos of other prowlers checking for open car doors in our garage.”

There is an unconfirmed report that U.S. postal inspectors may have nabbed the crew’s ringleader but they did not return a request for an interview in time for this article. Mayor Eric Garcetti’s office could not be reached for comment.

 

(Daniel Guss, MBA, is a member of the Los Angeles Press Club, and has contributed to CityWatch, KFI AM-640, Huffington Post, Los Angeles Times, Los Angeles Daily News, Los Angeles Magazine, Movieline Magazine, Emmy Magazine, Los Angeles Business Journal and elsewhere. Follow him on Twitter @TheGussReport.  Verifiable tips and story ideas can be sent to him at [email protected]. His opinions are his own and do not necessarily reflect the views of CityWatch.) Edited for CityWatch by Linda Abrams.

Memo to the Public: LAUSD Did Not Lower Graduation Requirements

EDUCATION POLITICS-Really. It’s true. You may have heard differently, but if so, what you’ve heard is not correct. Here’s what LAUSD did do: they raised the course distribution requirement for graduation, and decided to retain the same grade requirements. In the end, the net effect was that graduation requirements increased

The confusion arises because the current system is less punishing than a change that would have affected both course and grade requirements. But this whole narrative has been alternatively spun because “lower” graduation requirements were never implemented. 

Simple, right? 

A fuller explanation requires gazing back a dozen years or more, and thinking about ideas like the meaning of Education. It’s a simple concept wrapped in surprising complexity. 

A dozen years ago, folks were merrily chugging along in high school, where a mix of vocational and academic courses were offered to interest kids of varying backgrounds and aspirations. 

Meanwhile qualitative letter grades were awarded, as per usual, but not according to any standard. The history of grading is as disparate as anything across time, place or countries. You may have grown up with some system or other and think that what you know is what must be…but it’s not so. There have always been myriad ways to assign grades, between classes and even within a school. 

And it turns out that what’s considered a passing grade often increases with age. So older, specialized graduate students are expected to demonstrate higher grades to be considered “passing”, because their specialty is presumed of particular interest, and therefore better grades are expected than for a generalized mish-mash of everything. This practice rolls back continuously through the types of schools; passing in college is harder than in high school, grade school frequently doesn’t even consider “passing” a sensible concept. 

But this imposes a problem at the transition between high school and college in California, which has a strong state college system with well-defined requirements. Admissions to CSU and UC colleges requires a “C” grade in a set of prerequisite courses. Meanwhile, to graduate from high school “D” has long been considered passing and adequate to earn a high school diploma. However, there is a disconnect between graduation and admissions. 

There is another prerequisite to higher education in California: a set of fifteen courses known collectively as “A-G.” These are typically “academic” classes and not “vocational” -- e.g. Math and English, not auto-mechanics. And accordingly they are sometimes considered more “rigorous” in the sense that there is a core body of knowledge to be mastered in order to demonstrate “proficiency.” 

Now demonstrating these quantitative measures of proficiency is a hallmark of our modern computer society. Because we can measure it among millions of people relatively easily nowadays, there are powerful forces urging us to believe that we must. 

Therefore several factors coincided resulting in a different landscape for the courses offered at LAUSD. 

While kids were focusing on a vocational-track of courses, they progressed through LAUSD’s graduation requirements successfully, even sometimes receiving a diploma before understanding that their course load failed to satisfy the “A-G” requirements to be considered for admissions to a California state college. 

This disconnect between graduation requirements and subsequent ability to proceed to the next educational level upset many. It came to light that some schools, typically composed of poorer children, did not even offer their students those courses necessary to become eligible for higher education. This was understood – rightfully – to be terribly inequitable. 

To make the A-G courses available to all students at all high schools was expensive in terms of money and also kids’ schedules. It required rearranging curricular priorities and graduation requirements; course schedules became filled with academic classes that squeezed out the vocational. Consequently many vocational classes were closed in favor of providing sufficient “A-G” classes to enroll the entire student body. 

So now that these more academic courses were available to one and all, the district faced a new problem: encouraging former vocational students to sign on to the new, more rigorous course of instruction. A stick approach was adopted whereby all students were required to take “A-G” courses in order to graduate from LAUSD. Thus the curriculum became more rigorous for one and all. 

Meanwhile, the grading discontinuity remained; while a “D” was adequate for passing high school and receiving a diploma, this still resulted in a certain subset of students who, even though they took and passed “A-G” classes, were still not eligible for college with its higher level of “passing.” 

To bridge this gap and align graduation requirements from LAUSD with CSU/UC eligibility requirements, on May 23, 2012 the board passed a resolution to take effect only with the class of 2017, raising LAUSD graduation requirements in “A-G” classes from a “D” grade to a “C.” If you graduated from LAUSD, you would then be eligible for admissions to a CSU or UC school. 

However this imposed a double-whammy of increased rigor on our high schoolers, harder courses coupled with the higher designation of “passing.” Suddenly a whole subpopulation of students was ineligible for graduation and disenfranchised; they met the challenge of enrolling in the more rigorous “A-G” courses, but having received what once was considered a passing grade, they were now denied a diploma. They had risen to the challenge and followed the rules but did not receive reciprocal academic recognition. 

And so the prospective rule-change was understood to be inequitable; it clearly impacted disadvantaged students disproportionately. 

Accordingly in a subsequent board resolution on June 9, 2015, “To Recommit to A-G for all”, the grade requirement for graduation was dropped, restoring the old grade requirement for graduation in all classes. 

Thus graduation requirements were never lowered, but they were restored to their traditional level. And the reason for doing so was a joint initiative by board members Garcia, Zimmer and McKenna, acknowledging the injustice of disenfranchising students who had met graduation requirements. 

Already, LAUSD students had been returning and staying in school at ever-growing rates, even under the more rigorous “A-G“ program requirements. The percentage of graduates eligible for CSU/UC admissions was increasing strongly. To rebrand a whole subset of diligent students as “failures” was inappropriate and improper as it denied them their diplomas, earned under expected conditions. 

So why is it necessary to draw out this explanation in such gory detail? 

Because the CCSA’s candidate for board district four has exploited this slightly complicated and obscure history by misleading parents into fearing some great social injustice is being maliciously foisted on our students. His supporters have absorbed a narrative of outrage surrounding a spurious injustice that never was, buttressed by fake statistics that are not real. 

Writing in the DeVos Foundation-supported LA School Report, a parent suggests that “…school board members voted to lower the student requirements for A-G college prep coursework from a C grade to a D. As a result, more than half of LAUSD’s 2016 graduates were not eligible for CSU or UC universities. Our own elected officials failed our children….” 

None of these confused tangle of claims is true. There was no vote to lower student graduation requirements. More than half our graduates are not ineligible to continue in the California college state system (see chart above) the school board’s vote did not affect anyone’s eligibility, but the imminent and unfair ineligibility of dozens was stopped. Our elected officials did not “fail” our children: far from it. They acted to increase equitability and prevent cruel and unfair disenfranchisement from K-12 schooling. 

Melvoin’s message assuages educational jingoism by offering outrage for a grand social injustice that simply didn’t happen. This is not a tale of quality downgraded or standards diminished. There is no story of fiddled with statistics. There is no yarn here of a vulnerable population done wrong. 

In reality, LAUSD met the mandate of providing more rigorous schooling for one and all, and it has met the challenge of engaging its greater access equitably – and even with a dramatically increasing rate of graduates. 

It can be argued that this has come at a cost to important vocational and even science training, as well as widespread, fully activated arts programming. The budget for public schools is insufficient, but if only Melvoin’s corporate supporters would redirect their seemingly infinite resources into district schools rather than swamping a private campaign coffer, the equations governing our kids could change overnight.

 

(Sara Roos is a politically active resident of Mar Vista, a biostatistician, the parent of two teenaged LAUSD students and a CityWatch contributor, who blogs at redqueeninla.com) Edited for CityWatch by Linda Abrams.

MWD Set to Improve Slum-Like Living Conditions for Workers

DEEGAN ON CALIFORNIA-The board of the Metropolitan Water District, the mammoth agency that brings water from the Colorado River to lots of Southern California, has announced a $10 million dollar capital campaign as a solution to what had been described as awful living conditions being suffered by their workers -- highlighted by a March 8 petition to MWD Chair Randy Record from three dozen workers asking him to step in about a sewage leak at the Gene camp, one of the desert housing centers. All MWD camps now are slated for major infrastructure improvements in the plan the MWD board just approved. 

“We were notified in late February 2017 about leaking waste water pipes under five desert houses, and the problem was addressed immediately,” Jim Green, the manager of MWD’s Water System Operations Group (WSO) told CityWatch.

Green added, “The recent sewage leak validated the approach we were taking upgrading desert housing as part of a comprehensive capital campaign that was unanimously approved by the MWD board last week. We consider desert housing at the same level of importance as the pumps and pipes that transport the water.” 

Who knew the MWD was a landlord housing workers in several remote desert camps, built many decades ago and badly in need of the upgrade that is now in the works? The board directors did, and so did the management. Now, they are doing something about it. 

And, why are those workers so important in keeping MWD running smoothly? It sounds archaic and reminiscent of “company towns” where workers were forced to endure whatever conditions the employer placed them in, but there’s a reason these workers are located in harsh-conditioned, isolated desert camps. 

According to MWD Director Stephen Faessel, to help understand why the housing infrastructure devolved into what some would call “slum-like” conditions, you must take a trip back in time to eighty-six years ago when William Mulholland was assigned to create an aqueduct to carry water from the Colorado River to the Southern California region.

In 1913, Mulholland had already tapped the Owens Valley for water, but the population explosion in Southern California demanded yet more water. The Colorado River Compact gives California a large share of that river’s water and that is what Mulholland went after. 

Construction of the 242 mile Colorado River Aqueduct began in 1931 and took eight years and 10,000 men to complete. It has been described by historians as the biggest Depression era public works project in Southern California. It’s a massive engineering feat that is recognized by the American Society of Civil Engineers (ASCE) as one of the "Seven Engineering Wonders of American Engineering.” 

The aqueduct pumps more than one billion gallons of water each day through pipes 10 feet in diameter that bring the Colorado River water to Southern California, from Lake Havasu/Parker Dam, the main holding reservoir for the Colorado River Aqueduct, to six counties in Southern California, providing water to more than 19 million people throughout the region (the Los Angeles DWP got 70% of its water from the MWD last year.) It accomplishes this by moving the water through a system of 90 miles of tunnels, nearly 55 miles of cut-and-cover conduit, almost 30 miles of siphons, and five pumping stations. The Gene pumping station, located near Parker Dam, one of the five that lift water up over the mountains, is where the sewage problem was. 

The danger of pumping such massive quantities of water is that there may be a harmful “back flow” if the pressure suddenly drops and water is flushed backwards through the system, wreaking havoc on, and potentially destroying, the pumping machinery. The most effective safety valve for this contingency is to have MWD workers live no more than 15 minutes away from the five sets of pumps that service pipes that stretch across the desert from the river to the sea, so they can immediately intervene. Hence, when the pumps and pipes were built, MWD built worker housing to be sure their workers were within the 15 minute call-zone. It’s those tenants, who pay rent to the MWD to live in company housing, that have been living in bad conditions. 

Speaking about the $10 million dollar capital campaign that will pay for a major overhaul to upgrade the desert housing conditions at the five pumping plants, MWD’s Green said, “It’s just phase one of our major capital improvement plan.” It could, like MWD Director Brett Barbre said, “make it a paradise so people strive to live there….and say Metropolitan takes care of its people.” Some board members were shocked when they saw pictures of the living conditions and said they did not know about the sewage problem. One MWD board member, Sylvia Ballin, told CityWatch, “I’m really upset about this and distraught.” 

 

 

(Tim Deegan is a long-time resident and community leader in the Miracle Mile, who has served as board chair at the Mid City West Community Council and on the board of the Miracle Mile Civic Coalition. Tim can be reached at [email protected].) Edited for CityWatch by Linda Abrams.

-cw

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