Around The Capitol

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California Legislative Directory| Classifieds | Sofa Degree

 

E-140 - Thursday, October 17, 2019, presented by SYASLPartners

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RECENT AURAL PLEASURE:

LEGISLATIVE DIRECTORY UPDATES:

  • I've been making lots of updates to the online legislative directory of members, committees, and staff as they come in and undoubtedly have more. For those in and around the Capitol, please keep sending your updates. I created a monster for myself. I do know I haven't re-written all the code to ensure Lena Gonzalez's photo appears and I apologize to the senator! I think the other duplicate surnames are working right.

    I have written tens of thousands of lines of code (without much elegance or structure and then forget where all the changes need to be made when you have something like two "lgonzalez" members. I think I have the Rubio sisters right, but if you catch something, let me know!

MONEY MATTERS: 

  •  AD21 (Merced): DaVita Inc. $25,000 to Valley Solutions: Assemblymember Adam Gray's Ballot Measure Committee (2019-10-15)
  • Important update below to the "dead donors" item I included in this space yesterday.

IN TODAY'S NOONER:

  • Live pod recording
  • Dead donors
  • SB 27 ("Trump tax returns")
  • Labor chief Julie Su on the future of work 
  • California Channel
  • Vetoes
  • Vaping hearing
  • Cakeday, Dept of Corrections, and Classifieds

LIVE POD RECORDING: Good news! After talking with our friends at Capital Books, we'll be able to accommodate more people for the December 9 live podcast on California and constitutional law. Now I need to read Professor Carlton Larson's new book and spend time on some of the hot ConLaw issues we'll be talking about, such as the "DACA" immigration challenge, LGBTQ employment discrimination, First Amendment issues, abortion rights, and what to make of the current composition of the Supreme Court. Oh, and there's some other issue that is in the news that ties to Larson's book--impeachment.

As I wrote in the separate email announcing the event, there will be time for audience questions and answers that will be a part of the podcast, so bring your big questions on these issues. This is a free but must-RSVP event as we expect to fill up Capital Books, which will be closed to the public, and we will have refreshments courtesy of our sponsors.

I'll be giving a shoutout to them in The Nooner soon, but for now let me thank Churchwell White LLP and Perry Communications for being the first to step up to the plate for the event! If you'd like to sponsor the event which includes a month 120x90 ad in The Nooner, give me a shout out.

The 12/9 podcast begins at 7pm and we intend to wrap by 8:30.

Live Podcast!

For my cousin and Nooner reader, political science professor Dr. David Lay Williams at DePaul in Chicago, I'm sure we could work Rousseau into California politics and policy if we find the right sponsor to bring you to town! Yes, he's an expert on political theory, something I truly sucked at (it involved reading, something I didn't have much time for in undergrad).

DEAD DONORS: In follow-up to the item yesterday in this space regarding a contribution received by the California Republican Party, it does appear that there is nothing illegal about accepting contributions bequested in a will from someone who is no longer living.

That said, I've talked to some great campaign lawyers and it's unusual and an interesting legal question. A similar question is being asked of federal law in the case Libertarian National Committee v. FEC out of the DC Circuit. Under federal regulations, bequeathed contributions are allowed to federal committees up to a specified limit. In this case, the party is challenging those limits for bequeathed contributions arguing that, under the principles of Buckley v. Valeo (1976), someone who is dead can't receive posthumous retroprocity for a contribution and thus can't have a corrupting influence. 

The DC Circuit held that the limits did not affect the First Amendment rights of the plaintiff Libertarian Party and the case is pending a petition for Supreme Court review (writ of certiorari). While not directly on point with the issue of whether contributions from the deceased are allowed in California, it could re-open the issue of what a "person" is, as we have most recently been talking about in the Citizens United doctrine.

Oh, how I wish we had this fact-pattern in Floyd Feeney's Elections Law class. It's constitutionally beautiful for a good debate. While a dead person obviously can't have a contribution reciprocated posthumously, it raises the issue of "promises." Technically under most campaign finance laws, a "promise" is a contribution when it is made. However, the only way you can prove a "tit for tat" when a key witness is dead.

Let's say Sam Smith is on a deathbed with six months to live. Sam has business interests that are being passed on to heirs. Legislator Kelly Johnson visits Sam's bedside.

  • Kelly asks Sam "Is there anything I can do for you?"
  • Sam says "I need you to get an amendment to AB 5 for the independent contractors such as those in my Acme Corp." 
  • Kelly says "I think I can get that done for you by end of session and I hope you're here to see me deliver."
  • Sam says "I can't thank you enough. That will help my kids a lot as they continue to run the business. I'll have my attorney edit my will today to ensure that your committee and that of the American Not-Really-Independent Party are taken care of bigly." 
  • The amendment is then made to the legislation to the benefit of Sam's heirs who not control Acme Corp.. Sam dies and the bequests are sent to Kelly and the AnrI Party. 


That's clearly illegal. But how do you prove it when the donor is deceased and unavailable to testify? While the attorney-client privilege doesn't follow Kelly to the grave, the attorney may have no knowledge for the purpose of the bequests.

Let me clearly state that I do not allege whatsoever that the above fact pattern comes anywhere close to any current or past cases. Rather, it's what I would set forth as a fact pattern in an Elections Law hypothetical or, hell, a great final exam question.

SB 27 (McGuire and Wiener) --"Trump tax returns": The Supreme Court of California will hear oral arguments in Patterson v. Padilla on November 6 at 9am in the Library and Courts Building in Sacramento. In the case, plaintiffs Jessica Patterson, chair of the California Republican Party, and the CRP challenge SB 27's requirement of presidential and gubernatorial candidates to release the most recent five years of tax returns on state constitutional and statutory grounds. Specifically, they challenge the law signed by Governor Newsom on July 30, citing Cal. Const Article II, Section 5(c) and Cal. Elections Code §6340.

LABOR CHIEF JULIE SU: For CalMatters, Judy Lin sits down with Julie Su, secretary of the California Labor and Workforce Development Agency. Before the Q&A in the article, Judy writes:

"In short, she wants the future of work to bridge today’s wealth gap. A labor and civil rights attorney -- and past recipient of a MacArthur Foundation "genius" grant -- Su has been leading the Future of Work Commission alongside Chief Economic Advisor Lenny Mendonca and Senior Advisor on Higher Education Lande Ajose. They have been hosting meetings across the state with the goal of coming up with a new social compact for workers.

Meanwhile, Su — whose full job title is secretary of the California Labor and Workforce Development Agency — has committed to a new future of work department to execute the commission’s findings and recommendations. In an interview, edited here for length, she spoke to CalMatters about the commission’s goals and how she plans to enforce California’s own recent workplace disruption, the new worker classification law known as AB 5."

We had a good conversation with Chris Micheli, who represents the "support if amended" position of the employer community on AB 5 on Monday's pod, starting around 52:34. We'll be having Lorena back on as well as a labor lobbyist soon to ensure all sides are covered on what will be a hot issue again next year.

Much more after the jump...

CALIFORNIA CHANNEL: Well, that's that. The California Cable and Telecommunications Association pulled the plug on the California Channel yesterday after closing with a marathon of Huell Howell episodes of California Gold. The website today says simply "Sorry, we're doing some work on the site; Thank you for being patient. We are doing some work on the site and will be back shortly."

I had written about 500 words on this item but screwed up and deleted it, with no Cmd-Z available. I'll write it up tomorrow or over the weekend.

In short, I place blame on both the Legislature and the cable companies. The latter is collecting $16.80 per year for "public, educational, and governmental" programming. That amount isn't being reduced to my knowledge, and the Legislature didn't hold hearings to ask where it's going, knowing full well that the plug was being pulled this month.

Cable bill

For my $1.40 per month, I want my Huell Howser, documentaries on previous Capitol renovations, and coverage of the current one that has our beautiful Capitol wrapped in a big white condom. I'll gladly volunteer other channels for the guillotine.

VETOES: Thanks to Robby Sumner, chief consultant for Assembly Business and Professions, I was reminded this morning where veto messages are in plain text on LegInfo. If you click on the status page for a bill that has been vetoed, voilà! I think I had found it before, but my brain's hard drive is reformatted after each day's Nooner.

VAPING: I attended most of the hearing on vaping and e-cigarettes yesterday before leaving to get my curls trimmed at Iverson's. The video of the hearing isn't posted yet, but hopefully will be soon here. Although it was informational and no actions were taken, such hearings are "legislative proceedings" under Cal. Const. Article IV, Section 7(c)(2) and Gov't Code §10248(a)(6).

PRESIDENTIAL: Yesterday, I shared a slide of the candidates polling with more than 5% in California broken down by age group. I drew that line because the lower the threshold means the fewer voters and the stats get screwy with obviously a fewer number of voters in each category. For the same reason, a breakdown by race also isn't all that statistically relevant. Nevertheless, on FB, some folks wanted to see the numbers for Tulsi Gabbard and Andrew Yang, which won't be as accurate as those with more support. I've also added gender to the five I included yesterday.

Calfiornia presidential polling by age Calfiornia presidential polling by gender

Finding this extra original work that I do at night useful? I really should put it behind a paywall for Nooner Premium subscribers. Hint hint.

CAKEDAY, DEPT OF CORRECTIONS, and CLASSIFIEDS after the jumpity jump...

Probolsky Research

CAKEDAY: Happy birthday to Sergio Carrillo, former senator Dr. Ed Hernandez, and Brad Torgan!

DEPT OF CORRECTIONS: Yesterday, I had an errant headline on the East Bay fire. NuStar Energy is a storage and distribution facility--not a refinery. I knew that and was just having a stupid moment. [h/t NP]

--adblock

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]


Executive Director, Cal State Student Association (Long Beach)

The Cal State Student Association is seeking an Executive Director. This position combines senior management of a not-for-profit organization, executive administration of student affairs functions in a higher education institution, and strategic leadership within an advocacy and policy development environment where students and professional staff work closely together. This position requires a Master's degree or equivalent combination of education and work experience. Priority consideration will be given to candidates who apply by November 8, 2019. To apply for this posting, visit https://apptrkr.com/1667004

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 communication skills, preferred. Compensation is $12.00 per hour. The days for this position are Tuesday and Thursday plus an additional day during the week. Email cover letter & resume to: Justin@meridianhq.com.

Production Coordinator

Meridian is a full-service, strategic political consulting and public affairs firm. We are searching for a highly organized full-time Production Manager. Currently, this position is 6-12 months in duration but may extend longer.

This position requires strong computer, internet and communication skills. It also calls for flexibility, excellent interpersonal skills, project coordination experience, and the ability to work well with all levels of internal management and staff, as well as outside clients and vendors.

Tasks:

  • Oversees, coordinates, and calendars the production process and makes sure products are produced correctly and on time.
  • Plans and maintains production schedules on all open jobs
  • Gets the necessary approvals and ensure the quality of product before production begins
  • Works with a diverse team of vendors and client representatives
  • Works with the Financial Department on budgets and timing
  • Works with the Account Representative and Creative Manager on job development and product creation
  • Logs and audits jobs on SalesForce and job folders
  • Makes sure production proceeds smoothly
  • Is responsible for verifying and confirming delivery of products
  • Knowledge of the print production process is a plus

Skills:

  • Highly organized with excellent attention to detail
  • Positive attitude
  • Enthusiastic team member that is deadline-driven
  • Ability to work well with people in a fast-paced environment
  • Excellent written and verbal communication skills
  • MacBook, Adobe Suite, Word, Excel, and SalesForce experience preferred
  • Bachelor’s degree preferred

At Meridian Pacific our most important asset is our people. We offer a competitive wage, excellent benefits package, 401(k), fitness bonus plan and many company perks. Salary DOE. Please send a resume to Jenni@meridianhq.com.

Home for rent in River Park area of Sacramento

Home for rent in River Park area of Sacramento. $2,800/mo, 4 bed/2 baths, 2,200 square feet. Contact for photos. Quiet neighborhood made famous by "Ladybird," near East Sac and Sac State. 4 blocks from Glenn Hall Park and river levee. There are few homes of this size around that area. Near Caleb Greenwood, a highly rated elementary school. Recently updated with new floors, completely renovated modern kitchen with skylights. Contact Malcolm for pictures, and more details. malcolmmedia@gmail.com.

California Alliance for Jobs: Manager of Local Government Affairs (Sacramento)

The position will support local ballot measure campaigns, represent CAJ at stakeholder meetings/events, testify in support of projects and research policy. Ideal candidate has 2+ years of experience in local government, associations and/or political campaigns. Competitive salary and full benefits. Details at http://www.rebuildca.org/careers/.

California Alliance for Jobs: Director of Government Affairs (Sacramento)

The position will track, manage and respond to legislative, regulatory and budgetary infrastructure issues. Ideal candidate has 5+ years of experience in the capitol, transportation and/or construction industry. Competitive salary and full benefits. Details at http://www.rebuildca.org/careers/.

Homeless and Housing Policy Advisor (San Diego County)
San Diego County Supervisor Nathan Fletcher is hiring a Policy Advisor for homeless and housing policy. The position will support the Supervisor on the Governor’s Task Force on Homeless and Supportive Housing, San Diego Regional Task Force on Homeless and County housing policy. Position based in San Diego. Competitive Salary. Send resume or questions to Heidi.Martinez@sdcounty.ca.gov.
CSU: Director of State Relations (Sacramento)

Join our team at the California State University, Office of the Chancellor, and make a difference in providing access to higher education. We are currently seeking experienced candidates for the position of Director of State Relations. For details and to apply: https://csucareers.calstate.edu/detail.aspx?pid=76515

Opinion Research Analyst (Newport Beach, CA)

Probolsky Research is hiring a full time research analyst. We are a market and opinion research company based in Newport Beach, California. We are woman and Latina-owned. We are non-partisan, independent researchers passionate about accuracy, data security, and using storytelling to make data usable.

The Research Analyst is responsible for facilitating market and opinion research projects from instrument design to project fulfillment, final research deliverables and presentation to client.

View job requirements and how to apply here: https://www.probolskyresearch.com/research-analyst-full-time/

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: