Tuesday, February 1, 2011

New flag/FPPC complaint/lobbying reform in OC?

     BRAND SPANKIN' NEW AMERICAN FLAG. This morning, we noticed that the very ragged American flag that has flown outside the administration building at Irvine Valley College has finally been replaced—with a very sharp-looking new flag. We’ll have photos tomorrow.

Fancy Schmancy Rutan and Tucker representing Fuentes
     MY FPPC COMPLAINT RE TOM FUENTES. Today, I finally received a confirmation letter from the Fair Political Practices Commission re my complaint regarding Trustee Tom Fuentes’ failure to report his “Senior Vice Presidency” of LFC (a real estate auctioning firm) on his Statement of Economic Interests (form 700). Elected officials, such as Fuentes, must submit these forms,* and, near as I can tell, Fuentes should have included on his 700 that, beyond his title of Senior Vice President, he was given the use of an office, phone, and email by LFC for a period of years.
     It appears that Fuentes has over the years sought contracts for LFC with the County and with the Coast Community College District—the kind of action that would be expected of someone with an economic interest in the company. In an article in the Voice of OC,** Fuentes acknowledges connecting LFC with the County, and I have been contacted by an official at the Coast Community College District who asserts that Fuentes lobbied that entity on behalf of LFC (in 2007).
     The FPPC letter is unremarkable (see below), but I noticed that it is cc’d to Michael Houston of the law firm Rutan and Tucker (see above).
     Hmmm. The South Orange County Community College District has hired R&T over the years (once defending the district when I successfully sued it for violating my 1st Amendment rights in the late 90s). Naturally, Mike Houston is a very active Republican; he is sometimes described as a Republican "activist." I did some quick checking, and he has contributed to “Strickland for U.S. Senate” and the “National Conservative Campaign Fund” (Fuentes is on the NCCF's board of directors) among others and he has written for the right-wing blog, Flashreport, whose John Fleischman is closely associated with the Schroeder/Rackaucas/Carona/Fuentes crowd.

It's in the mail.
Hmmm. Who's payin' R and T?
**From the above mentioned Voice of OC article:
     ...Legendary former Orange County Republican Party Chairman Tom Fuentes at one point had an office at [LFC], and sources close to the transaction said he made the introduction between the company's owner and [OC Public Administrator/Guardian John] Williams.
     Fuentes said he couldn't remember making the introductions but admits it "may well have been the case."
     "I've known the owner of LFC for 30 years. I was there for a couple of years, and I know John Williams," Fuentes said.
     But, Fuentes said, "there's no business relationship" with the firm currently, which is why his state statement of economic interests (Form 700) filed with the South Orange County Community College District doesn't indicate any income from the company.
     Fuentes said he had his offices at LFC several years ago when he became a senior fellow with Claremont Institute because the firm donated office space to the program. He still regularly communicates with an email address with an lfc.com tag.
     Yet Fuentes said he had no knowledge of the LFC land transaction for Williams' office. However, he has always been a strong supporter of Williams, and sources say he has lobbied county supervisors on Williams' behalf.
     Fuentes' introduction of Williams to LFC was around the time that Williams convinced county supervisors to combine the appointed job of Public Administrator (with an annual salary of $20,000) and the elected job of Public Guardian (which pays $138,000) and hand both offices to him.
     Fuentes said he didn't recall lobbying for Williams in recent years but said he is a strong supporter and wouldn't discount the fact that he's let people at the county know his opinions in the past. Fuentes said he's also a big proponent of offices like Williams' being elected offices, arguing that it goes with conservative values of heightened accountability....
     *Note: Fuentes has been an SOCCCD trustee for over a decade (since August of 2000). His "stay" at LFC occurred during that decade-long period.
     Note also that (according to his 700s), during the past decade, Fuentes has (some years) been a highly-paid consultant for the Claremont Institute.

Fuentes' business card
     LOBBYIST REFORM IN OC? Over the years, it appears that Fuentes, often described vaguely as a “consultant,” has been some sort of lobbyist. That he has been in that line while serving as the chair of the OC GOP (from the 1980s until 2004) has raised eyebrows. (Fuentes has been involved in embarrassing episodes of "influence" of government officials. See for instance this.)
     Well, today, it seems that, for the first time, the OC Board of Supes has approved (a draft of) an ordinance that regulates lobbying of the County: Lobby Reform Passes (Voice of OC)
     The Orange County Board of Supervisors took a big step toward transparency Tuesday by unanimously approving the first reading of an ordinance that would require lobbyists who are paid more than $500 to register with the county and file annual reports.
     Today's vote marks a victory for those who for years have been calling for lobby reform in Orange County. Supervisors failed in three attempts in recent months to come to agreement on a law….
     Most large California counties – including San Diego and Los Angeles – have had lobbyist registries for years.
. . .
     Although lobbyists would be required to register under the ordinance, they would not be required to disclose who their clients are. Also, lobbyists would be able to change clients throughout the year without having to report the changes to the county, according to County Chief Executive Tom Mauk. The law calls for lobbyists to start registering July 1.
     A key issue yet to be resolved is whether to exclude non-profit organizations from the requirement….
     It remains to be seen whether the ordinance, if ultimately passed, will have any teeth. Never underestimate the capacity of Fuentes' crowd to protect its hinky and lucrative ways.

In the service of the Lord's Army

Clebe: Jerry Falwell likes 'im!
5 Professors and Watchdog Group Sue to Block Prayer Event at Air Force Academy (Chronicle of Higher Education)
Five faculty members at the U.S. Air Force Academy and a watchdog group, the Military Religious Freedom Foundation, filed a lawsuit on Monday asking a federal judge to block a National Prayer Luncheon at the academy, saying it violates the First Amendment’s establishment clause. Four of the professors are proceeding as “John Doe plaintiffs,” the complaint says, because they fear retribution from the command structure at the academy, which has faced accusations of condoning religious proselytizing in the past. The keynote speaker at the prayer luncheon, set for February 10, is to be a retired Marine lieutenant, Clebe McClary, who is described on his Web site as a motivational speaker “in the service of the Lord’s Army.” In a statement quoted by the Associated Press and the Air Force Times, the academy said that attendance at the event would be voluntary and that it would “let the legal process take its course.”
Again. Good grief.

Well, I'll be a monkey's uncle!

Creationism in the Public High School Classroom (Inside Higher Ed)
     Thirteen percent of public high school biology teachers advocate creationism or intelligent design for at least an hour of time, according to a national study by two Pennsylvania State University professors. A majority of high school teachers are cautious about endorsing evolutionary theory as the clear scientific consensus position, the professors found.
Good grief.

Monday, January 31, 2011

The latest on the "prayer" lawsuit (Wagner v. Westphal)

     Today, Judge Klausner issued a substantive ruling according to which (1) the Board’s generic invocations have a permissible purpose and effect; (2) we plaintiffs are entitled to a declaratory judgment that Mathur’s Fall 2009 “Jesus” video and Wagner’s 2008 scholarship ceremony rant were unconstitutional; (3) the Defendants will be ordered to comply with their policy regarding invocations (i.e., they can’t be sectarian, hostile, etc.).
     Next come proposed judgments (by plaintiffs and defendants) and a settlement conference (with another judge).
     Really, lots of things could happen. Don't read too much into this.

Random newsberries for a Monday

• Bristol Palin to UC Irvine: I Want to Come There and Talk Abstinence. OC Gays to Bristol Palin: Keep Out (OC Weekly) Well, she's a pleasant bimbo, a poor dancer, and a teen mother. So gosh yes.

• Fourth time a charm for lobbyist reform? (OC Reg) It’ll never happen in this, the most corrupt county government in the state. Right Tom?

• Absent Students Want to Attend Traditional Classes via Webcam (Chronicle of Higher Education) Worth a try, I guess. (Besides, there's no stoppin' it.)

• State of the State: OC’s [Don] Wagner asks, ‘Where’s the beef?’ (OC Reg) That dang guy is always hungry.

1st Amendment attorney Carol Sobel on KUCI's "Subversity" at 5:00

     Rebel Girl forwarded the following "heads up" about tonight’s edition of “Subversity” on KUCI radio:
   Despite UC Irvine's professed commitment to the First Amendment [watch UCI video ... on Free Speech], troubling recent signs indicate that the heavy hand of the law is coming down on student protesters on campus, reinforcing UCI's new reputation as a new site of student resistance (and repression).
   A criminal pretrial for 19 UCI students who staged a labor protest last year is imminent (March 7, 2011) while a grand jury has apparently been empaneled to investigate the activities of UCI's Muslim Student Union.
   For this evening's edition of Subversity, we talk with Carol A. Sobel, a SantaMonica- based civil rights attorney for six MSU students and former students who were called in January 2011 to testify before the Orange County grand jury investigating, apparently, conspiracy to commit a misdemeanor! One, a UCI student, was subpoenaed outside a classroom. The MSU was suspended during Fall Quarter 2010 for an incident relating to protests during the talk given by Israeli Ambassador Michael Oren last year on campus. Even UCI Law School Dean Erwin Chemerinsky, who appeared on Air Talk on KPCC late last week with Carol Sobel, agreed that criminal charges should not be pursued. All this crackdown on free speech makes one wonder about UCI's real commitment to the First Amendment. Is it all just talk?
   To listen to Carol Sobel and show host Daniel C. Tsang on KUCI discussing the ramifications of this widening legal tangle facing UCI students, listen to Subversity this evening at 5-6 p.m. on KUCI, 88.9 FM in Orange County, California. The show is also simulcast via kuci.org….

(Full disclosure: Carol Sobel was one of the show host's attorneys when he successfully sued the CIA for spying on him.*)

Daniel C. Tsang
Host, "Subversity" on KUCI
"It's like Disorientation on the radio!" – UCI
*Carol was my (Roy Bauer's) attorney as well (for my celebrated 1998 1st Amendment lawsuit: Bauer v. Sampson [SOCCCD]).

• Lawyer: Grand jury subpoenas UCI Muslim student protesters (OC Reg)

Professor Rebel Girl gets an email, at least she thinks it is an email. Maybe it's a tweet. Or a text.

From: phone number here@vzwpix.com
Sent: Monday January 31, 2011 1:04 AM
To: Lisa Alvarez

Stuck in LA won't make it back in time for class

This message was sent using the Picture and Video Messaging service from Verizon Wireless!

To learn how you can snap pictures and capture videos with your wireless phone visit www.verizonwireless.com/picture.

Note: To play video messages sent to email, QuickTime? 6.5 or higher is required.

*
If you know who this student is, please let Rebel Girl know. She's stumped. Thanks.
*

Roy's obituary in LA Times and Register: "we were lucky to have you while we did"

  This ran in the Sunday December 24, 2023 edition of the Los Angeles Times and the Orange County Register : July 14, 1955 - November 20, 2...