The Roundup

Jan 30, 2009

Legal rulings

Well, now that Springfield's bad hair drama is over, we can return our focus to Sacramento and hopefully get a budget deal.

 

The Bee's Jon Ortiz reports "State employee unions suffered two losses Thursday.

"The first was in court, when a Sacramento judge ruled that Gov. Arnold Schwarzenegger can furlough state workers starting next week.

"The second came at the bargaining table, as the court ruling increased the Schwarzenegger administration's leverage in ongoing contract talks.

"Union officials said they'll continue to negotiate contract terms with Schwarzenegger's Department of Personnel Administration.

"But after Superior Court Judge
Patrick Marlette rejected arguments that the governor's plan to save $1.3 billion with unpaid time off was illegal and unconstitutional, it was clear that the balance of bargaining power had shifted away from the unions. Labor experts said it now may be easier for Schwarzenegger to demand labor concessions, including fewer holidays or changes to overtime pay."

 

The Merc News's Mike Zapler reports "And in another key development regarding the state's yawning budget shortfall, news emerged from the nation's capital that a federal stimulus package passed by the House this week would slice the projected $40 billion deficit almost in half. The plan would deliver nearly $19 billion in additional funds for Medi-Cal, the state's health insurance program for the poor, education and other state programs.

"The Senate is considering a slightly different version of the $819 billion stimulus bill, which if passed will have to be reconciled with the House bill. It would have to be signed by President Obama before California would see the money. If the $19 billion figure holds up, it would significantly reduce the size of California's problem. But that could be a mixed blessing because it might relieve pressure on lawmakers to broker a budget deal."

 

"Proposition 8 proponents' complaint that a California campaign-finance disclosure law has led to harassment of same-sex marriage opponents failed to sway a federal judge, who refused Thursday to throw out the law or shield donors' names," reports Bob Egelko in the Chron.

 

Just in time for the semi-annual report . . .

 

"'If there ever needs to be sunshine on a particular issue, it's a ballot measure,' U.S. District Judge Morrison England said after a one-hour hearing in his Sacramento courtroom.

"A lawyer for the Prop. 8 campaign said it would ask an appeals court to modify or overturn the law, which requires disclosure of all contributors of $100 or more.

"The federal lawsuit, unrelated to the validity of Prop. 8, was filed Jan. 8 by the ballot measure's sponsoring committee, Protect Marriage. The suit said Internet disclosure of donors' names and other identifying information in state-mandated reports has led to consumer boycotts, picketing and even death threats.

"By requiring disclosure, 'The government is getting in the middle (of the issue) and saying, 'Here are the people to go after,'  ' Richard Coleson, a lawyer for the committee, told England.
 

And in more good news, "California teeters on the edge of the worst drought in the state's history, officials said Thursday after reporting that the Sierra Nevada snowpack - the backbone of the state's water supply - is only 61 percent of normal," writes Kelly Zito in the Chron.

"January usually douses California with about 20 percent of the state's annual precipitation, but instead it delivered a string of dry, sunny days this year, almost certainly pushing the state into a third year of drought.

"The arid weather is occurring as the state's water system is under pressure from a growing population, an aging infrastructure and court-ordered reductions in water pumped through the Sacramento-San Joaquin River Delta - problems that didn't exist or were less severe during similar dry spells in the late 1970s and late 1980s.

"'We're definitely in really bad shape,' said Elissa Lynn, chief meteorologist with the state Department of Water Resources. 'People can expect to pay higher prices for produce ... and more agencies may be rationing ... some raising fees. We just don't have enough water.'"

 

"Staff members with the California prison health care receiver ignored state contract rules and court edicts as they awarded more than $28 million in technology deals in 2007 and 2008, the state auditor said Thursday," reports Andrew McIntosh in the Bee.

"But State Auditor Elaine Howle said in her report that it was impossible to identify all the technology contracts because the relevant databases – which the Department of Corrections and Rehabilitation keeps for the receiver – often "contain inaccurate and incomplete data."

"Though receiver J. Clark Kelso himself asked for the audit and praised its findings, Gov. Arnold Schwarzenegger also used the report to ratchet up his fight to get rid of the court-appointed receiver.

"'This audit underscores what the governor, other administration officials and the attorney general said Wednesday – that the receiver has now become a separate government unto itself, and one that is too costly and not accountable to taxpayers,' Schwarzenegger spokeswoman Lisa Page said.

"Howle launched the audit last year after a federal judge appointed Kelso to oversee prison health care."

 

"On the cusp of a new era in stem cell science, Democratic heavyweights are pushing to install the outgoing California Democratic Party chief in a leadership post at the state's $3-billion research program," reports Eric Bailey in the Times.

"Art Torres, who served two decades as a state lawmaker before assuming the party chairmanship a dozen years ago, is being backed by House Speaker Nancy Pelosi, U.S. Sens. Dianne Feinstein and Barbara Boxer of California and Sen. Ted Kennedy of Massachusetts, among others.

"Torres' opponent for vice chairman on the governing board of the California Institute for Regenerative Medicine is Republican biotech executive Duane Roth, supported by Gov. Arnold Schwarzenegger. Roth, a member of the stem cell board for more than two years, has spent three decades in the pharmaceutical and biotechnology industries.

"The push for Torres comes as embryonic stem cell research hits some key milestones. With the ascent of President Obama, a longtime ban on federal funding is expected to be reversed."

 

Did we mention the $300,000 salary?

 

The Chron's Carla Marinucci reports Republican Carly Fiorina is moving toward a 2010 run for U.S. Senate. 

 

Fiorina "making some moves that strongly suggest she's got her eye on a political future in California -- and the buzz is that it may even have something to do with that 2010 race against Democratic U.S. Senator Barbara Boxer.

 

"Last week, Fiorina -- the former leader of the Republican National Committee's 2008 Victory drive and chief adviser to presidential candidate John McCain -- emerged, after months out of the presidential 2008 campaign spotlight. This time, she was the new political analyst -- and a good one, we may add -- on George Stephanopolous' ''This Week'' show, talking up the economy and the Obama stiumulus package.

 

"Now, we hear she's been added as a scheduled speaker at the California Republican Party Convention in Sacramento later this month.

 

"Other speakers: Meg Whitman, former Ebay CEO, as the lunch keynote and Insurance Commissioner Steve Poizner as the dinner keynote. We all know what those two have in common: they're very wealthy and very connected Silicon Valley insiders, both eyeing the 2010 governor's slot. With former Rep. Tom Campbell of San Jose also expressing interest, the betting is that Fiorina may want to avoid a competition already crowded with moderate Silicon Valley GOPers."

 

Meanwhile, her potential opponent, Chuck DeVore, gets some love in the Wall Street Journal. "Few have internalized that message more than a little-known California assemblyman named Chuck DeVore. The 46-year-old former aerospace-company executive has already begun contesting the U.S. Senate seat held by Democrat Barbara Boxer, who faces re-election in 2010, by putting much of his daily routine online.

 

"He regularly updates his Facebook status on his BlackBerry, which automatically appears on his Twitter account, as well as on the site devoted to getting Republicans on Twitter, called topconservativesontwitter.org. (His 924 followers rank him 389th on that site.)

Mr. DeVore says his campaign, with little funding and facing a well-known incumbent, depends on steadily building word of mouth. He says he has modeled his campaign on that of President Barack Obama, who is often referred to as the first "Internet president."

 

And LA Observed reports the LA Times has killed its state news section . "Publisher Eddy Hartenstein has ordered the California section killed, leaving the L.A. Times without a separate local news front for the first time since the paper's early decades. The publisher decided to fold local news inside the front section — which will be reconfigured to downplay national and foreign news — despite what an official of the paper confirmed for me was the unanimous and vocal objections of senior editors."

 

And finally, from our You Can't Take It With You Files, prosecutors in Victorville say "a spurned lover ambushed his ex-girlfriend and tried to cut out the breast implants he paid for by stabbing her. San Bernardino County prosecutor David Foy says 28-year-old Thomas Lee Rowley attacked his ex in July 2006 outside her mother's home in Hesperia, some 70 miles northeast of Los Angeles in the Mojave Desert.

 

"Rowley is on trial in Superior Court in Victorville for attempted murder, assault with a deadly weapon, stalking, burglary, and false imprisonment.

 

"The 26-year-old woman survived six stab wounds and the punctured breast implants were repaired.

 

 
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