Wednesday, October 21, 2009

Bureau of State Audits finalizes regulations for Citizens Redistricting Commission application process

This week the Bureau of State Audits released the final regulations that will govern the new Citizens Redistricting Commission application process. The commission was enacted by California voters via Prop. 11 in 2008. CVF worked with a number of other organizations to help shape and refine these regulations; overall they are good but there were several important changes CVF sought but was not able to achieve. One was to define the term "state office" in a way that would not restrict thousands of former and current state board and commission members and their families from applying to serve on the new commission. CVF also urged the Bureau, unsuccessfully, to refrain from using the Form 700 conflict of interest form as a tool to vet applicants for the commission, as we are concerned that doing so will be both invasive and burdensome for applicants.

CVF's letter regarding use of the Form 700, it is online here. The final regulations are online here. More information about California's Redistricting Reform is available from the CVF web site.

Legislative hearing Thursday Oct. 22 on political reform

The leaders of the California State Senate and Assembly recently announced a new committee made up of ten lawmakers from each house that will explore reform proposals. The Select Committees on Improving State Government have scheduled their first, day-long hearing for Thursday, October 22, at the State Capitol, Room 4202. The hearing begins at 9 a.m. and concludes at 4:30. Topics to be covered include possible legislative branch and budget process reforms. Speakers include Mac Taylor, Bill Hauck, Fred Silva, Bruce Cain, Laura Chick, Bill Lockyer, Robert Naylor and others.

"Getting to Reform" conference - a brief review

Last week on Oct. 14 I attended a conference in Sacramento organized by a number of academic organizations at UC Berkeley, CSU Sacramento and Stanford called "Getting to Reform". The event was sponsored by the Hewlett Foundation and was extremely well attended; over 300 people came for the day-long conference, the purpose of which was to assess the pros and cons of various reform approaches being discussed throughout this year, such as convening a constitutional convention or a constitution revision commission.

If you were not able to attend the conference and would like to see what you missed, there are six free videos available for viewing online from the California Channel web site. One of the panels I found most fascinating was the first one, titled, "What do Californians Think About Reform?" where Mark DiCamillo presented findings from a Field Poll commissioned by Next Ten and a number of other groups involved in the conference. Among the key findings:

* 52 percent of California voters oppose changing the current two-thirds legislative vote requirement to pass a state budget with a simple majority vote;
* 69 percent of voters oppose amending Prop. 13 to allow the state legislature to increase taxes with a simple majority vote;
* 56 percent support the idea of increasing the vote requirements needed to approve amendments to the state constitution from a simple majority to a two-thirds majority vote of the people in an election; and
* 75 percent support requiring initiative sponsors to identify funding sources or areas of the budget to be cut when submitting new initiatives that call for additional spending.

More details about this Field Poll are available here.

I think the most salient point I came away with from the conference was made by Bill Hauck of the California Business Roundtable who served on a constitution revision commission convened in the 1990's following a recession and budget crisis. Hauck noted that it took several years for his commission to complete its work and make recommendations, and by the time that happened the call for reform had died down as the economy had picked back up. Assemblymember Anthony Portantino, who spoke at lunch, made a similar observation about a Constitutional Convention, stating the whole process would take five years and by that time the momentum for change is lost.

It seems like a serious dilemma; if meaningful structural or governance reform is going to be achieved in California, setting the stage to get there may take several years, but it is unclear whether the voting public, or the organizations that would back various reforms, would maintain the long-term commitment needed to see reform measures all the way through.

CVF applauds 2009 EFF Pioneer Award winners

Tomorrow night in San Francisco, the Electronic Frontier Foundation will celebrate this year's Pioneer Award winners. As a Pioneer Award judge (and former recipient) I am very pleased with this year's crop of winners, which includes hardware hacker Limor "Ladyada" Fried, e-voting security researcher Harri Hursti, and public domain advocate Carl Malamud.

More details about this year's Pioneer Award winners and tomorrow's awards dinner are available here.

Tuesday, September 29, 2009

Nonprofit news ventures flourish in California

Over the past year or so, a number of new, nonprofit news ventures have been announced, serving both a national and California audience. Largely funded by foundations, these ventures are designed to help plug the news reporting hole resulting from severe staff cutbacks at news organizations across the country in recent years. The four ventures are ProPublica, the Center for Investigative Reporting's California Watch, the Voice of OC (Orange County) and the Bay Area News Project.

Recognizing that the for-profit business media business model is not so profitable these days, a nonprofit model is now being pioneered. First the San Francisco-based Sandler Foundation stepped up in early 2008 with a $10 million, three-year minimum investment to launch and fund ProPublica which is producing hard-hitting investigative pieces and collaborating with commercial news organizations to produce and distribute its stories.

This year, the Hewlett, Knight and Irvine foundations announced their multi-million, multi-year investment to support California Watch, whose staff and editors include many of the finest journalists I have known in California, such as former San Francisco Chronicle reporters Lance Williams and Bob Salladay. The mission of this project, according to its web site, is to "emphasize story telling that holds powerful interests accountable and shines a light on key areas of interest – education, health care, criminal justice, the environment and government oversight. The goal of our reporting is to expose hidden truths, prompt debate and spark change."

More recently, on September 15, down in Santa Ana, the seat of Orange County, The Voice of OC was announced, which is yet another non-profit news venture, but focused specifically on Orange County issues and featuring exclusively online reporting. According to the LA Times' story about this project, the seed funding was obtained from the Orange County Employees Association. The key backers include former state senator Joe Dunn and former veteran LA Times reporter Dan Morain who is serving on the Voice's board.

And just last week, it was reported that San Francisco investor (and host of the beloved Hardly Strictly Bluegrass festival in Golden Gate Park) Warren Hellman's family foundation is donating $5 million to start up the Bay Area News Project, in collaboration with KQED and the UC Berkeley School of Journalism.

It's exciting to see all these new ventures get underway, and to see so many public-spirited journalists finding new, innovative avenues for sharing their talent. In the past few years the number of reporters covering Sacramento has dropped significantly. Fortunately now there is a growing number of reporters who will keep tabs on what's happening in Sacramento, Santa Ana, San Francisco and beyond.

I believe a significant precursor to all this public-interest journalism was the civic journalism movement, which was supported back in the 1990s by the Knight Foundation and the Pew Charitable Trusts, which funded the Pew Center for Civic Journalism. I participated in a number of the Pew Center's projects and conferences, and recall how skeptical and even hostile journalists from commercial news organizations were to the notion of civic journalism, and the Pew Center's mission to "create and refine better ways of reporting the news to re-engage people in public life".

Technology and necessity have changed the reporting equation. Of course, nonprofit news is not quite the same as civic journalism, but it stems from a similar sentiment, which is the idea that news coverage is something that should be designed to benefit the public interest and hold politicians accountable. By taking the profit requirement out of the equation the public will hopefully benefit enormously from all these ventures letting loose dozens of public-spirited reporters to watchdog politicians, and will succeed in establishing a new model for journalism.

Wednesday, September 16, 2009

Comments on draft redistricting reform regulations

On Monday I attended a public hearing at the Crest Theater in Sacramento where the Bureau of State Audits' staff and attorneys (and State Auditor Elaine Howle herself) listened to comments made by a number of people on the regulations the Bureau drafted to facilitate implementation of Proposition 11, the redistricting reform initiative passed by California voters last November.

I was one of about a dozen people who testified; most of the other people who spoke participated in a working group that CVF was also involved with to develop joint recommendations for changes to the regulations. (The organizations that signed on to the joint letter and accompanying appendix include California Common Cause, CA NAACP, Asian Pacific American Legal Center, National Association of Latino Elected and Appointed Officials, Center for Governmental Studies, the League of Women Voters, the Rose Institute, California Forward and the California Voter Foundation).

While the working group members were successful in reaching consensus on 25 issues and recommendations, there was one issue where we could not agree, and that is the question of how "state office" and "appointed to state office" should be defined in the regulations. Because Proposition 11 was not clear on this issue, these definitions are open to interpretation.

The basic difference of opinion is that some think the definition should be left as the Bureau has drafted it, which would prohibit anyone appointed to a state board or commission in the past ten years, or anyone in their immediate family, from serving on the commission, with the belief that someone who has received an appointment is beholden to their appointer for it and may be perceived as a political insider. Others, including CVF, argue that this broad definition will unnecessarily limit the applicant pool and do a disservice to the initiative by prohibiting too many people and their family members from applying. As is stated in CVF's letter to the State Auditor:

Excerpt:
The philosophical question that the State Auditor needs to consider is whether to create a narrow funnel on the front end of the application process that dramatically restricts applicants in such a fashion in order to effectively preclude any possibility of a political insider or crony from applying and serving on the commission, or whether to have a wide funnel on the front end and rely on other provisions of the initiative to weed out any applicants who have a potential partisan or political agenda?

It is the view of the California Voter Foundation (CVF) that there are many other opportunities in the applicant selection process to review applicants for their ability to be impartial; indeed, it is one of just three qualities that determine whether an applicant is qualified to serve on the commission or not. CVF believes it is better to allow a wide funnel at the beginning of the application process and rely on the work of the Applicant Review Panel, the public comment process, and the legislative strikes process to weed out any applicants with a partisan or political agenda. To place such a narrow funnel on the front end of the application process will do a disservice to the initiative, in that it will wipe out large numbers of potential applicants who otherwise may be highly qualified to serve on the commission, and would be inclined to do so.

There were strong views expressed on this issue on both sides during Monday's hearing, and it will be interesting to see how the State Auditor decides on this matter. One issue that the working group did arrive at consensus on is that people appointed to boards or commissions that are advisory only should not be prohibited from applying to serve on the commission. The Auditor's staff plans to have revised regulations published on their site on September 28, followed by an additional 15-day public comment period. More information about California's Redistricting Reform is available from the CVF web site.

Monday, August 3, 2009

Bureau of State Audits issues Prop. 11 redistricting commission regulations

When voters passed Proposition 11 last fall to establish a new, citizens redistricting commission to draw legislative district lines starting in 2011, they gave the job of implementing the measure to the Bureau of State Audits, the state's independent, external auditor. The job went to the Bureau because it is one of the few state agencies truly insulated from political or partisan influence by design. However, implementing an initiative and creating a new state program is not the kind of job usually thrown to this agency and its staff, who more typically focus on the effectiveness and efficiency of existing government programs.

However, it is clear the Bureau is dedicated to successfully implementing Prop. 11, and its staff members and consultants have worked hard throughout this year to gather public input before producing regulations to govern the new commission application and selection process. CVF weighed in with a letter of recommendations, focusing on the need for transparency throughout the process, the random selection process, funding, and other topics.

Over the weekend, the Bureau published on its Prop. 11 homepage the new, draft regulations to guide Prop. 11 implementation. These cover a variety of important topics that will impact significantly the application and selection process. For example, the proposed regulations provide definitions for numerous terms that appear in Prop. 11, including key phrases such as "ability to be impartial", "analytical skills" and "appreciation for California’s diverse demographics and geography" that will be judged by the Bureau's Audit Review Panel in deciding which applicants are most qualified to serve on the new commission.

The new regulations are quite comprehensive, and the package on the Bureau's web site includes a number of supporting memoranda that further explain the thinking and legal basis for the various judgment calls the Bureau's staff made in deciding the specific details on how to implement Prop. 11. A public hearing will take place on September 14 at the Secretary of State's office in downtown Sacramento to gather public input on the draft regulations. The Bureau also invites the public to submit written comments. More information on Proposition 11 is available from the Redistricting Reform section of the CVF web site.

Tuesday, June 30, 2009

Youth help bridge the digital divide in a Central Valley town

The California Report featured this inspiring radio story reported by Sasha Khokha about a group of teenagers in the Tulare County town of Pixley who are getting training that helps them connect their community to the Internet. As a recent released Public Policy Institute of California/California Emerging Technology Fund study found, the "digital divide" in California persists for Latinos and Californians living in the Central Valley. CETF has invested millions of dollars to close California's digital divide, and programs like Pixley's "Digital Connectors", sponsored by the Great Valley Center, are providing crucial training and assistance to provide high-speed access to underserved Californians.