Ken Barnes, running for Trustee Area 6 position on the Los Rios Community College District (LRCCD) Board of Trustees, notes that former California State Senator Deborah Ortiz has friends in high places, and is not afraid to use them. Failing to meet the filing deadline for LRCCD Area 6 Trustee election in November, she had Sacramento County extend the filing deadline, just for her.

Ken posts this on his Facebook Page:

Former State Senator Deborah Ortiz Seeks Special Consideration, Flaunts Election Law
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Yesterday at 6:30pm
Former State Senator Deborah Ortiz Seeks Special Consideration,
Flaunts Election Law
Forces Sacramento County Counsel to Extend Her Personal Filing Deadline from Friday August 6 at 5p to Monday August 9 at Noon

Dear Friends,

While my plans were to make individual, personal calls to announce my first campaign for elective office, emergency circumstances have forced me to communicate en masse. This past Friday August 6th I filed nomination papers to run for the vacant Trustee Area 6 position on the Los Rios Community College District (LRCCD) Board of Trustees. My former representative on the board, Bruce Pomer, resigned his position for job related reasons this past spring. Former State Senator, and current Vice President of Planned Parenthood Mar Monte, Deborah Ortiz pulled nomination papers for LRCCD, but failed to file them by Friday’s 5p deadline. Ortiz then contacted the Sacramento County Elections Office and the County Counsel, demanding that she be given special consideration and an extended filing period. On the afternoon of Saturday August 7th I was contacted by Campaign Services Manager Brad Buyse, who informed me that the Sacramento County Counsel had instructed him to extend the filing period for Ortiz until Monday August 9th at 12 Noon. According to Buyse, Ortiz claims she called the county elections office earlier in the day to clarify the filing deadline, and was told by a staffer it was Wednesday August 11th at 5p.

Background
In April 2010 Bruce Pomer, the 20 year incumbent, resigned from his seat on the LRCCD. During the May 26, 2010 LRCCD Board of Trustees meeting it was decided that no temporary appointment would be made, and that the seat would be filled in the November general election (as the seat was already up for re-election in November). Under California election law if an incumbent fails to file for re-election, then the filing period is extended by 5 days (83 days from the election). However, because Pomer resigned his seat there is no incumbent, and the deadline to file is not extended. Ortiz, a well trained attorney and long time elected official, claims she was confused by the notes in the Candidate’s Guide (listed below), although I and a 22 year old Los Rios student (Andrey Rytikoff) were able to understand the clear instructions.

Requested Action
Contact Sacramento County Counsel Robert Ryan, Jr. RRyan@saccounty.net and Sacramento County Campaign Services Manager Brad Buyse BuyseB@saccounty.net, and demand that 14th amendment protections for equality under the law be respected. While I was standing inside the elections office I noticed an employee stationed at the entrance. At exactly 5:00p the door was locked, and at 5:01p a young woman came running to the door to file election papers. She was told “sorry, the deadline is exactly 5p.” If a regular citizen cannot be granted an extra 72 seconds, why should the powerful Ortiz be given an extra 72 hours?

Filing a legal injunction against Ortiz will cost $5,000 to $10,000, therefore it is my hope that elected officials of good conscious will immediately step forward and speak out against this abuse of power. The question here is not one concerning the simpleminded arguments of left versus right, or republican versus democrat, but rather a vertical question with societal implications: will we continue to allow the well connected and powerful to trample on the rights of regular citizens?

References and Notes
Los Rios Community College District Board Meeting Agenda May 26, 2010
Action Item 4-A. Trustee Area 6 Vacancy

Los Rios Community College District Press Releases – May 27, 2010
Los Rios Trustee Vacancy to Be Filled in November Election
“Sacramento—Last night at its regularly scheduled meeting the Los Rios Community College District Board of Trustees approved the filling of the Area 6 Trustee vacancy by election on November 2, 2010. The Area 6 Trustee seat was held by Bruce Pomer who resigned from the Board for job related reasons …. The deadline for candidates to file to run in the November 2 General Election is August 6, 2010.”

Los Rios Community College District Board of Trustees
Trustee Name Area 6 = Vacant

Sacramento County Candidate’s Guide for November 2010 Election
• Cover Sheet from Brad R. Buyse, Campaign Services Manager
“This guide has been compiled to assist candidates in preparing for the November 2, 2010 General Election. It is intended to provide general information about the nomination and election of candidates and does not have the force of law, regulation or rule. It is distributed with the understanding that we are not rendering legal advice and, therefore, the guide is not to be a substitute for legal counsel for any individual, organization or candidate. In case of conflict, the law, regulation or rule will apply.”
• Page 1: Nomination Period July 12 through August 6 – For school and special districts, nomination papers are issued and filed with the Registrar of Voters during these dates.
• Page 13: Activity Schedule – August 6, 5:00pm. Filing of Nomination Papers – Nomination papers must be filed with the Registrar of Voters, 7000 65th Street, Suite A, Sacramento, not later than 5:00 p.m. on August 6, 2010.

Sacramento County General Election Nominations Calendar
• Page 1: E-88 (88 days until Election Day). AUG 6. All nomination documents and any candidate statements must be filed by 5:00 p.m. (EC 10407; 10510; 13307)

California Elections Code 10407(a)(b)
(a) Notwithstanding any other provision of law, whenever
other elections are consolidated with a regularly scheduled election,
the period for the filing of nomination documents by candidates in
elections consolidated with the regularly scheduled election shall
commence on the 113th day prior to the election. The nomination
documents shall be filed not later than 5 p.m. on the 88th day prior
to the regularly scheduled election in the office of the appropriate
officer, during regular office hours.
(b) Notwithstanding subdivision (a), if nomination documents for
an incumbent officer of a political subdivision are not filed by 5
p.m. on the 88th day before the election, any person other than the
person who was the incumbent on the 88th day shall have until 5 p.m.
on the 83rd day before the election to file nomination documents for
the elective office. This section is not applicable where there is no
incumbent eligible to be elected.

California Elections Code 10510(a)(b)(c)
10510. (a) Forms for declarations of candidacy for all district
offices shall be obtained from the office of the county elections
official. The county elections official may, for convenience or
necessity, authorize the district secretary to issue declarations of
candidacy. The forms shall first be available on the 113th day prior
to the general district election and shall be filed not later than 5
p.m. on the 88th day prior to the general district election in the
office of the county elections official during regular office hours
or may be filed by certified mail so that the forms reach the office
of the county election official no later than the deadline for filing
in that office. The county elections official shall record the date
of filing upon the first page of each declaration of candidacy filed
pursuant to this section. No candidate shall withdraw his or her
declaration of candidacy after 5 p.m. on the 88th day prior to the
general district election.
(b) Notwithstanding any other provision of law, a person shall not
file nomination papers for more than one district office or term of
office for the same district at the same election.
(c) On request of the district secretary, the county elections
official shall provide the secretary with a copy of each declaration
of candidacy filed pursuant to this section.

UPDATE 08/09/10 @10:25AM

Ken posts on his Facebook page this charming tidbit from the California Secretary of State’s office:

I’m just now leaving the California Secretary of State Elections Division. They told me there is no help available to me because this is not a statewide or legislative election … I thought the purpose of the Sect’y of State was to ensure fair elections across California at all levels.

California. What a mess. How did we get here? Like this:

Do nothing feel-goodism. A full time legislator must feel the need to show that they are worth their full time Salary of $95,291 a year. It’s more important to feel good than to actually do what the constitution requires them to do. Pass a budget.

Is there a reason we need to enact HUNDREDS of pieces of legislation EVERY year? Don’t you think over the course of 150 years, previous legislators might have addressed most of these issues already? It is specious, at best, to assume that we have that many issues to address in a year.

A simple search of the California Legislature website using the “Bill Finder Tool” for the 2009 – 2010 session with just the search term “California” yields 5286 bills as a result. YOU are paying for this folly.

Why not this:
A part time legislature, with the appropriate reduction in salary.
Reduce Legislator per diem to cover meals only. Address the reduction in per diem by providing:
Dormitory housing near the capitol while they are in session.
A private bus line between the Dorms and the Capitol Building.
Two Year Budgeting
Banning all termed out Legislators from being appointed to any paid position on a State Board or Commission for two years after leaving office.
Eliminate all paid State Board or Commission members, save for one paid Board Chairperson – all other Board or Commission members are unpaid volunteers, with a full per diem.
Until a budget is passed, no other bill may be proposed, debated, or allowed into committee, unless a finding of emergency is agreed upon by two thirds of both the Assembly and the Senate.

We have real problems, requiring the urgent attention of our legislature. We don’t only have a budget deficit, but a legislature with Attention Deficit. The Annual Budget is a constitutional requirement of the office.
If you were the employer of these people, and found them behaving like this instead of doing their jobs, wouldn’t you fire them?

News Flash: You ARE their employer.

Governor Schwarzenegger campaigned during the recall election on “blowing up boxes”. Six years later, it’s probably time to get to work on it.

On Tuesday October 27, 2009 a section of the San Francisco – Oakland Bay Bridge that  had been repaired in September failed, causing minor damage and massive traffic congestion. Normal traffic on the Bay Bridge is maddening at best, but try tacking a couple of hours on to your commute home on a cold and windy Tuesday evening.

The initial repair was completed during a scheduled closure of the Bay Bridge over Labor Day weekend, as workers slid a piece of replacement span into place. Massive repairs, and a brand new span of the Bay Bridge are being readied for service. It really is an incredible display of engineering, and amazing efforts by the contractors. However, they discovered a cracked tie rod, that supports a section of the supporting cable on the eastern span of the bridge. Crisis!

A workable replacement was fashioned, and installed, only delaying the re-opening a few hours into the Tuesday morning comute. Pretty good work actually. The repair was was deemed ’stronger that the orginal!’

As I looked at the photos posted online Tuesday night, one in particular from the San Francisco Chronicle struck me. It was traffic I had seen before, notably in the aftermath of the Loma Prieta earthquake in 1989, but honestly, Bay Area traffic looks likes this all the time.

But this photo told a story. Therein lies the political, and therefore, economic, tale of California.

We found a problem.

Its uber scary.

We found a way to fix it at the last moment.

With a great deal of inconvenience.

Aren’t we clever!

A miracle!

Better than evah!

Crisis averted!

Your salvation is at hand! Look upon us and prostrate yourselves at our feet, for the good that we have done unto you.

All better!

Within 8 weeks:

Oh no! Its broken!

Worse than evah!

Woe is us.

Crisis!

Lather, rinse, repeat.

Often, a picture really is worth a thousand words.

How soon we forget:

To all persons, citizens of Sonoma, requesting them to remain at peace, and to follow their rightful occupations without fear of molestation.

The Commander in Chief of the Troops assembled at the Fortress of Sonoma gives his inviolable pledge to all persons in California not found under arms that they shall not be disturbed in their persons, their property or social relations one to another by men under his command.

He also solemnly declares his object to be First, to defend himself and companions in arms who were invited to this country by a promise of Lands on which to settle themselves and families who were also promised a “republican government,” who, when having arrived in California were denied even the privilege of buying or renting Lands of their friends, who instead of being allowed to participate in or being protected by a “Republican Government” were oppressed by a “Military Despotism,” who were even threatened, by “Proclamation” from the Chief Officer of the aforesaid Despotism, with extermination if they would not depart our of the Country, leaving all of their property, their arms and beasts of burden, and thus deprived of the means of flight or defense. We were to be driven through deserts, inhabited by hostile Indians to certain destruction. To overthrow a Government which has seized upon the property of the Missions for its individual aggrandizement; which has ruined and shamefully oppressed the laboring people of California, by their enormous exactions on goods imported into this country; is the determined purpose of the brave men who are associated under his command.

He also solemnly declares his object in the Second place to be to invite all peaceable and good Citizens of California who are friendly to the maintenance of good order and equal rights (and I do hereby invite them to repair to my camp at Sonoma without delay) to assist us in establishing and perpetuating a “Republican Government” which shall secure to all: civil and religious liberty; which shall detect and punish crime; which shall encourage industry, virtue and literature; which shall leave unshackled by Fetters, Commerce, Agriculture, and Mechanism.

He further declares that he relies upon the rectitude of our intentions; the favor of Heaven and the bravery of those who are bound to and associated with him, by the principle of self preservation; by the love of truth; and by the hatred of tyranny for his hopes of success.

He further declares that he believes that a Government to be prosperous and happyfying in its tendency must originate with its people who are friendly to its existence. That its Citizens are its Guardians, its officers are its Servants, and its Glory their reward.

– William B. Ide, Head Quarters Sonoma, June 15, 1846

Just a quick summary of the offices California Lt. Governor John Garamendi has run for since 1974:

Garamendi: The Running Man

74 CA State Assembly

76 -88 CA State Senate

82 CA Governor

86 CA State Controller

90 CA Insurance Commissioner

94 CA Governor

02 CA Insurance Commissioner

06 CA Lt. Governor

08 CA Governor (2010 election)

09  US Congress CA 10th (To fill open congressional seat vacated by Ellen Tauscher)

As Supreme Chancellor (and eventual Emperor and Dark Lord) Palpatine poinently frames it in Star Wars Episode III Revenge Of The Sith:

“POWER! UNLIMITED POWER!”

All the pertinent details can be found here

THIS is what is wrong with your government.

Well, this and Lawyers.

Always Lawyers.

I’ve had this old song by Fastball clanging inside my head for a few weeks, because I had heard it for the first time in a good long while on blip.fm

And now it occurs to me that perhaps it might be an appropriate theme song for my home state of California, following the results of the May 19th Special Election.

Media folks everywhere are calling it a TAX REVOLT.

Er, sorry, a Tax Revolt took place when Prop 13 passed back in the 7os.

This was simply people fed up with Legislators and the Governor subjugating their sworn obligation to run the state, and asking us to bless their crackpot ideas of increasing taxes in a recession. The Spending limits so breathlessly praised in 1A were weak at best, and easily sidestepped at the whim of the Legislators who would just declare an ‘emergency’ and spend what they wanted to spend anyway. It’s what they always do.

So, while not a tax revolt, the voters have asked that this crisis be fixed without increasing taxes.

A reckoning is at hand.

So here’s the song Are You Ready For The Fallout:

I was wondering how you’re feeling
I thought I saw you kneeling
And holding your gut last night
It looked like you were praying
But I heard someone saying
You had been in an awful fight
You get the worst of it everytime
Lashing out with no reason or rhyme
To lose all this rage, at so tender an age
Little baby growing up in a rat cage

Are you ready for the fallout?
Who you gonna call out?
When does it finally come to blows?
I think that you’re forgetting
The blood that you’ll be letting
Has a price on it, no one knows
You may be suffering in your sleep
You may be getting in way too deep
And you may not care for advice that I share
If you want it then I’ll be there

Soon you will learn how to swallow a tear
So when you’re old you can cry in your beer
Do you spit at the face staring back in the mirror?
Do you have any self respect?
Are you ready for the fallout?
Who you gonna call out?
When does it finally come to blows?
I think that you’re forgetting
The blood that you’ll be letting
Has a price on it, no one knows
You may be suffering in your sleep
You may be getting in way too deep
And you may not care for advice that I share
If you want it then I’ll be there

Soon you will learn how to swallow a tear
So when you’re old you can cry in your beer
Do you spit at the face staring back in the mirror?
Do you have any self respect?
Well what the hell did you expect?

Are you ready for the fallout?
Who you gonna call out?
When does it finally come to blows?
I think that you’re forgetting
The blood that you’ll be letting
Has a price on it, no one knows
You may be suffering in your sleep
You may be getting in way too deep
And you may not care for advice that I share
If you want it then I’ll be there

Are you ready for the fallout?
Who you gonna call out?