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Summer Recess

E-226 - Tuesday, July 23, 2019

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RECENT AURAL PLEASURE:

IN TODAY'S NOONER:

  • Presidential primary in CA
  • CA01 (Northeast Cal.)
  • Dynamex
  • Vaccination
  • Rat poison
  • DMV
  • UC admissions
  • Redistricting commission
  • Muni matters
  • Cakeday   

Happy Tuesday. Have you had your tacos yet today?

I screwed up. Yesterday, I wrote that the criticism of Consumer Watchdog was written by Joe Mathews. Of course, it was written by Steve Maviglio, a regular critic of the organization.

PRIMARY: For CalMatters, Ben Christopher writes that the Independent Voter Project is filing suit today in Santa Bernardino Superior Court, arguing that the state's top two primary applied in the presidential race violates the rights of voters not registered with a major party.

The filing argues that the state constitution requires in open primary, whereas following the Supreme Court's ruling in CDP v. Jones 530 U.S.C. 567 (2000), the state uses a modified closed primary, where recognized parties can choose whether or not to allow voters expressing no party preference may cast ballots.

Article I, Section 5 provides:

(c) The Legislature shall provide for partisan elections for presidential candidates, and political party and party central committees, including an open presidential primary whereby the candidates on the ballot are those found by the Secretary of State to be recognized candidates throughout the nation or throughout California for the office of President of the United States, and those whose names are placed on the ballot by petition, but excluding any candidate who has withdrawn by filing an affidavit of noncandidacy.

Christopher writes:

This may be the first time this argument will be presented in a California court, but federal judges have weighed in elsewhere—and they have not been convinced, said Christopher Elmendorf, a law professor at UC Davis.

“The federal courts have said that parties have the right to keep non-members from voting for their candidates, as a general rule,” he said. “This sounds like an effort to relitigate under the state constitution a type of claim that the federal courts have not simply just rejected, but have said itself is violative of the rights of the party.”

My thoughts exactly.

CA01 (Northeast Cal.): While I don't expect the seat to be competitive in 2020, Democrat Audrey Denney is off to a strong fundraising start for her challenge of four-term incumbent Doug LaMalfa (R). For the second quarter:

  • Audrey Denney (D): Raised $189,227; spent $81,888; net cash on hand $310,600
  • *Doug LaMalfa (R): Raised $233,385; spent $33,061; net cash on hand $298,282

Trump beat H. Clinton in 2016 in CA01 by 19.7%. John Cox (R) beat Gavin Newsom (D) here by 22.4 points in 2018.

HOUSING: The Bee team reports that, while employment numbers are very good, Governor Newsom's efforts to build 3.5 million new units by 2025 may be difficult based on housing permits issued.

"In the first five months of 2019, cities and counties issued permits for an average of 111,000 residential building units per month, according to data released Friday by the California Department of Finance.

That's a decrease of 12.2 percent from the same period in 2018."

DYNAMEX: In an odd maneuver yesterday, the Ninth Circuit Court of Appeals withdrew its May decision in Jan-Pro and referred the issue of retroactivity of the new independent contractor test to the Supreme Court of California. Last April, that court provided in Dynamex the "ABC" test limiting the definition of independent contractor. Essentially, the issue of retroactivity is in the lap of both the Legislature and the California Supreme Court, although if the Legislature acts first (which there is talk of), it's determination on retroactivity as part of the Labor Code would take precedence.

VACCINATION: As the state has tightened up vaccination exemptions, Soumya Karlamangla reports in the Times that the number of home-schooled children has increased:

"In the school year that ended in June, there were 6,741 home-schooled kindergartners without their shots in California, compared with 1,880 in the 2016-17 school year, according to state data. Overall, 1.2% of the state’s kindergartners were home-schooled and unvaccinated in the last school year, according to state data. (The state health department collects vaccination data only on kindergartners and seventh graders.)"

WILDFIRES: For the LA Times, Anna M. Phillips writes that as fire season gets underway, the federal government is short of firefighters:

"Nearly 60% of California’s 33 million acres of forest is owned and managed by two federal agencies, the Interior Department and the Forest Service. They are often aided by state firefighters with the California Department of Forestry and Fire Protection — the source of a recent dispute in which the Forest Service threatened to withhold millions of dollars in back pay owed to the state for battling wildfires on federal lands.

Officials at the National Interagency Fire Center, which coordinates federal wildfire response, said that the Interior Department had budgeted for a firefighting workforce of about 5,000 this year. In actuality, an Interior spokeswoman said it has 4,500 firefighting personnel and no plans to hire more."

AB 1788 (Bloom): Pesticides: use of anticoagulants. In the Bee, Ryan Sabalow and Phillip Reese look at the debate over the use of certain anticoagulant rat poisons, which are proposed to be significantly limited because of their impact on "up the food chain" species. But, with such a ban, public health experts are concerned of resurgence of diseases that have long been thought as extinct.

DMV: This morning, Governor Newsom announced new leadership for the state's beleaguered Department of Motor Vehicles and released the report of the "strike team" he appointed to review the agency. The new director is Steve Gordon, who comes to the position with extensive technology business experience.

LET THERE BE LIGHT: In the LAT, Teresa Watanabe reports on the latest data on admissions at the University of California:

"The system’s nine undergraduate campuses offered seats to 71,655 California freshmen, nearly 600 more students than last year. Overall, UC admitted 108,178 freshmen among 176,695 freshman applicants. It also admitted 28,752 transfer students from a pool of 41,282, including the largest-ever class from the California Community Colleges.

Overall, the system admitted 991 more students from underrepresented groups, increasing their proportion among California freshmen to 40% from 38% last year. First-generation students made up 44% of those admitted and low-income students 40%.

Asian Americans remained the largest ethnic group at 35%, followed by Latinos at 34%, whites at 22%, African Americans at 5% and American Indians at 0.5%."

PAINT BY NUMBERS: For Capitol Weekly, Joaquin Romero reports on the applications received by the office of the California State Auditor for the citizens' independent redistricting commission, which pursuant to the state constitution will be completely reconstituted.

"According to the auditor’s demographic data, 50% of the applicants were Democrats, 29% were Republicans, 60% were male and 39% were female. Some 68% were white and 40% were from the southern coastal region of California.

The Citizens Redistricting Commission is an independent body charged with redrawing the boundaries for congressional, state Senate, state Assembly and Board of Equalization districts. The commission is created every ten years and uses the U.S. Census data that will be released next April 1. The first commission, established for the 2010 census, remains in effect until the new commission is established over the next few months.

The 2020 commission will have 14 members — five Democrats, five Republicans, and four who are not affiliated with a political party and who have registered with no party preference. The application period for the 2020 Citizens Redistricting Commission, which began June 10, will conclude on Aug. 9."

MUNI MATTERS and CAKEDAY after the jump...

Probolsky Research

KNOCK-KNOCK: A team at the Times reports on yesterday's FBI service of search warrants on the headquarters of Los Angeles Department of Water and Power and City Hall. They write:

"Investigators searched the DWP headquarters on Hope Street and the offices of City Atty. Mike Feuer a few blocks away at City Hall. Search warrants were also served in two other locations — one in Beverly Hills, the other in an office tower that houses multiple city agencies.

An FBI representative would not describe the nature of the investigation. Feuer’s spokesman Rob Wilcox, however, said the warrants served at the city attorney’s office were connected to the city’s settlement of a class-action lawsuit filed over the inaccurate DWP bills that resulted from the launch of the new billing system in 2013."

#CAKEDAY: Happy birthday to Joe Barr!

Classifieds

Add your classified now both in The Nooner and online for $50/week or $150/month by emailing scottlay@gmail.com, with a headline, a summary of up to 200 words, and what you'd like the end date to be. You can attach a PDF or provide a link for a bigger job description/info to apply. [Other advertising options]


Steve Hansen for City Council 2020

Looking for a passionate, strategic and creative staffer for our 2020 re-election campaign. Must be detail-oriented and possess research and writing skills. Part-time to start. Wages DOE. Please send cover letter and resume to chris@chaffeegroup.net. Open until filled. No Phone Calls.

Paid Internship with Meridian Pacific, Inc.

Internship re: campaigns for Republican candidates, statewide initiatives and issue advocacy. At Meridian Pacific, Inc. we have diverse opportunities for the interns that work with us. This internship has the opportunity to work with Republican candidates, statewide initiatives, issue advocacy, local and statewide ballot measures, grassroots activation, public affairs campaigns, political campaigns for local, state and federal candidates, as well as event planning.

Interns will write press releases and other materials, assist with mailings and print production, complete research projects, perform data entry, learn the basics of office functions, work on surveys, compile contact lists, attend/work political functions, etc.

Applicants who have previously held a job/internship and exemplify strong writing, research and communications skills, preferred. Compensation is $12.00 per hour. The hours for this position are flexible. Email cover letter & resume to: Justin@meridianhq.com.

California Democratic Party Director of IT - Job Opening

The Director of IT will oversee technology operations, such as network security with established goals. The success candidate will also direct effective delivery of networks, development of policies, purchasing, work with voter file vendors, and plan for disaster recovery. The full job description is available at www.cadem.org/take-action/job-opportunities/job-opening-it-director.

To apply, email jobs@cadem.org

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Data: Powering California to a better water future

The 4th annual Water Data Summit will feature leaders from California's most innovative public agencies, companies and academic institutions who are using data to better manage water resources throughout the state. We're excited to have Wade Crowfoot, California Secretary of Natural Resources provide a keynote address highlighting the importance of using data to address California's water challenges.

The McGeorge School of Law, University of the Pacific

The McGeorge School of Law, University of the Pacific, offers the Master of Public Administration (MPA) and the Master of Public Policy (MPP) degrees to both full-time students and those earning a professional degree while working. Our focus on the interconnections of law, policy, management, and leadership provides unique competencies for your success. Students gain a foundation in statutory interpretation and regulatory processes critical to governance. Learn at a beautiful campus three miles from the State Capitol: go.mcgeorge.edu/publicpolicy or publicpolicy@pacific.edu.

Political Data Inc.
For 30 Years PDI has been California’s premier data vendor. Now, you can get live online trainings on the newest PDI software every week: