CA: Flaws dooming initiative plans, critics contend -(...Schwarzenegger's agenda done in by details)

SACRAMENTO – In January, Gov. Arnold Schwarzenegger announced a "bold new era of reform" that he said would make government more accountable, improve education and control state spending.

He later endorsed a series of five ballot measures for the Nov. 8 special election intended to turn his rhetoric into reality.

Two of the measures were written so poorly that the governor decided to jettison them. A third, which deals with how political districts are drawn, faces a legal challenge today over a flaw that could cause it to be dropped from the ballot.

Critics say these errors show the limits of Schwarzenegger's unprecedented attempt to govern by initiative and reflect an administration big on broad ideas but weak on details.

"The flaws are an indication of a larger problem – an impatience with the political process, an impatience with bipartisanship, an impatience with negotiating," said Bruce Cain, a political science professor and director of the Institute of Governmental Studies at the University of California Berkeley.

Furthermore, two of Schwarzenegger's three remaining ballot measures trail in the polls. His once sky-high popularity ratings have plummeted, calling into question his ability to sell his ballot measures to a skeptical public.

"We have run into a couple of potholes, but we can overcome that," said Joel Fox, co-chairman of Citizens to Save California, which is spearheading the governor's ballot measure campaign.

Schwarzenegger still hopes to negotiate a series of compromise measures to avoid a tumultuous ballot fight, said his press secretary, Margita Thompson.

Assembly Speaker Fabian Núñez, D-Los Angeles, was skeptical. "We're miles apart," he said Tuesday.

When Schwarzenegger came to office in fall 2003, he talked about overhauling government. But his difficulties in negotiating a budget last year with Democrats who control the Legislature persuaded him to take a unilateral approach if they would not go along with his plans.

He was further encouraged to take the initiative route after the November election, when he was coming off success at the ballot box and basking in high popularity ratings.

His decision to launch the campaign was made so quickly, however, that it left his staff little time for research. During the early part of the year, campaign finance laws forced Schwarzenegger to stay one step removed from the initiatives, forcing him to rely on allies.

Unlike legislation, which goes through a lengthy vetting process that allows frequent changes, initiatives cannot be altered after they have been cleared for petition circulation.

Proponents of the redistricting measure – one of the governor's key proposals – admit to violating this rule.

Schwarzenegger backed Proposition 77 as a way to create more competitive elections by allowing a panel of retired judges, rather than lawmakers, to draw congressional and legislative districts.

Attorney General Bill Lockyer is asking a Sacramento County Superior Court Judge today to remove Proposition 77 from the ballot because proponents circulated a petition to voters that was worded differently from the petition they submitted to the Attorney General's Office.

"The use of different initiatives cannot be condoned or tolerated," Lockyer said in a statement.

Backers of Proposition 77 admit they inadvertently submitted two versions, but their attorney, Daniel Kolkey, called the discrepancies "largely immaterial and stylistic." Such differences shouldn't take the redistricting measure off the ballot, he said.

Three civil rights groups disagree. The Mexican American Legal Defense and Education Fund filed a federal lawsuit yesterday in San Jose, contending that placing Proposition 77 on the ballot violates the Voting Rights Act. The William C. Velasquez Institute and the Congress on Racial Equality Legal Defense Fund filed a suit in Sacramento County Superior Court trying to block the measure.

In April, Schwarzenegger dropped another proposal, a pension initiative sponsored by Jon Coupal, president of the Howard Jarvis Taxpayers Association.

The measure sought to save money by replacing guaranteed public-employee pensions with 401(k)-style plans. However, proponents were caught off guard when the attorney general said the initiative would wipe out survivor and disability benefits for police officers and firefighters.

"If it qualifies for the ballot and is enacted, only another constitutional amendment later approved by the voters can restore the benefits lost by this poorly considered and hastily drafted measure," Lockyer wrote to Schwarzenegger in an April 6 letter.

The governor's pension plan was harshly criticized in a TV campaign backed by public employees, including law enforcement officers and firefighters.

Schwarzenegger said he had no intention of doing away with those benefits for public safety employees and said the problem could be fixed. But then he dropped the initiative. "The governor made a decision to pull the measure because of the perception problem," Fox said.

Drafting flaws apparently caused Schwarzenegger to back away from another reform he once touted: merit pay for teachers.

Schwarzenegger endorsed a measure sponsored by former Assemblyman Tony Strickland, R-Moorpark, that would have required districts to pay teachers based on performance rather than senority.

It inadvertently would have wiped out a section of the education code that allows districts to fire teachers for alcoholism, immorality or unprofessional conduct, according to the attorney general's analysis.

The measure also might have hampered districts in the hiring of new teachers, said Rick Simpson, deputy chief of staff for Núñez.

Schwarzenegger and his allies didn't formally withdraw the measure. Instead, they opted for what some call a "soft kill," saying they wouldn't be able to qualify the measure for the fall ballot.

"We decided that merit pay should be on the lower end of the priority list," Fox said.

Lance Olson, an attorney who works for unions and the California Democratic Party, said the governor dropped the proposal because of flaws.

"It seems clear. All of a sudden, they mysteriously dropped merit pay," he said.

In addition to the drafting problems, the merit-pay initiative faced strong opposition from the California Teachers Association.

Opponents are also sizing up the three initiatives for post-election legal challenges, should they pass. In addition to the redistricting measure, they believe Schwarzenegger's two other initiatives have flaws.

One of the measures is Proposition 74, which would increase the time it takes teachers to get tenure to five years from two. Critics say the measure is legally vulnerable because it would apply retroactively to some teachers.

Proposition 76 would give the governor power to make midyear budget cuts when the budget falls out of balance and the Legislature doesn't rectify the situation. Opponents argue that the measure would shift so much power from the legislative to the executive branch that it would revise rather than amend the constitution.

Under the law, a revision is considered different from an amendment because it is a bigger change. As a result, it needs a two-thirds' vote from the Legislature, as well as voter approval. An amendment requires only voter approval.

Proposition 76, in some cases, would empower the governor to make unilateral cuts suspending previously approved laws.

"You are allowing him to cut in a way that pulls the rug out from under a lot of laws," said Robin Johansen, a political attorney who works for labor unions.

Fox disagreed, saying Proposition 76 is not a revision, but rather an amendment that merely would restore powers the governor has had in the past.

Bob Stern, president of the Center for Governmental Studies, said courts are inclined to uphold measures approved by voters and leave those with minor discrepancies on the ballot. Still, he called the handling of the Proposition 77 redistricting initiative "sloppy and inexcusable."

Critics say the initiative problems are part of a series of political missteps that have sunk Schwarzenegger's approval ratings.

"This guy's been self-destructing all along," attorney Olson said. "I thought he had better staff."

done in by details ? Uhhh, I think this was a mutual thing myself. Mostly, try done in by dems and special interests of the leftie orientation., imo.

Remember, Willie Brown controlled state politics for 25 years. You don't have to look far to see some of the cause of the rotten state of California.

The political districting ASSURES Democrat control forever -- unless there is a very hearty, meaningful re-districting.

Barbara Boxer, the secretary for John Burton, got herself elected way back when, when term limits finished off Burton. HE had her run and HE assured her victory by carving out a 99% Democrat district for her.
That "district" crossed the Bay Bridge SEVEN times.

California politics remind me of the old, corrupt Tamminy Hall.

A TERMINATOR is exactly what this state needs. He ain't perfect and he is learning. Of course, there are those who won't cut him ANY slack or allow him even one error.
The state IS LESS red. Our credit rating has increased. Some jobs have actually RETURNED to the golden state. Arnie HAS made cuts, most unpopularly. The unions don't like it but know that it HAS to be done.
Davis sold us down the rivier. Davis and the Dems would have us in deeper debt.

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