January 2009 Archives

We just e-mailed one of periodic informal online surveys of Press Democrat letters writers and other readers. For the first time, we're making this survey available today for readers of this blog.

If you're interested, just click on the link below. Let me know if you encounter any problems. At the end of the survey, you're invited to leave any additional comments. We encourage you to leave your name and home town if you would like to be quoted in any editorial or column reporting on the survey.

We plan to report on these results over the weekend.

- Paul Gullixson

To go to the survey, click here: http://www.zoomerang.com/Survey/?p=WEB228RMGFDES7

President George W. Bush was widely criticized during his eight years in office - and a lot of the rebukes were well deserved.

But news reports on pardons and clemency decisions suggest that Bush took an egalitarian approach to a presidential power that verges on royal prerogative.

Despite widespread fears on the political left, Bush didn't issue blanket pardons for members of his administration, CIA officers and others who may have broken laws after 9/11. He also didn't pardon I. Lewis "Scooter" Libby, the chief of staff for Vice President Dick Cheney who was convicted of perjury and obstruction of justice. Nor did Bush grant requests from a list of well-connected applicants including financier Michael Milken, ex-Govs. George Ryan of Illinois and Edwin Edwards of Louisiana, ex-Reps. Randy Cunningham of California and Mario Biaggi of New York and telecomm exec Bernie Ebbers. All of them applied for pardons, according to a report posted today on the Los Angeles Times Web site.

Obscure people were the recipients of most Bush's pardons - and he granted just 189 in eight years, the fewest of any recent president.

Bush hasn't talked publicly about his decisions, but House Speaker Nancy Pelosi said she discussed pardons with the ex-president at the inauguration, and told CNN's Larry King: "He said people who have gotten pardons are usually people who have influence or know friends in high places," a route that is "not available to ordinary people."

"He thought that there was more access for some than others, and he was not going to do any," Pelosi said.

Bush rescinded one pardon after learning that the recipient's father was a major political donor, sparking a debate over a president's power to un-pardon someone. George Lardner Jr., a former reporter, developed some interesting history on that topic for the Washington Post, which also ran a rebuttal by Brian C. Kalt, a law professor at Michigan State.

-- Jim Sweeney

By order of the president: Be open and accountable

In today's (Monday's) editorial we wrote about the two directives President Obama sent out last week to federal agencies concerning a presumption of "openness" in his administration.

The wording of these memos is enough to make anybody who's concerned about greater federal transparency cheer. (As a board member of the California First Amendment Coalition, I consider myself in that group.)

See for yourself, and left us know what you think. Here's the exact wording of the memos. (For a link to the White House Web site where these orders are posted click here.)

- Paul Gullixson

THE WHITE HOUSE

Office of the Press Secretary

For Immediate Release January 21, 2009

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT: Freedom of Information Act

A democracy requires accountability, and accountability requires transparency. As Justice Louis Brandeis wrote, "sunlight is said to be the best of disinfectants." In our democracy, the Freedom of Information Act (FOIA), which encourages accountability through transparency, is the most prominent expression of a profound national commitment to ensuring an open Government. At the heart of that commitment is the idea that accountability is in the interest of the Government and the citizenry alike.

The Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails. The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears. Nondisclosure should never be based on an effort to protect the personal interests of Government officials at the expense of those they are supposed to serve. In responding to requests under the FOIA, executive branch agencies (agencies) should act promptly and in a spirit of cooperation, recognizing that such agencies are servants of the public.

All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government. The presumption of disclosure should be applied to all decisions involving FOIA.

The presumption of disclosure also means that agencies should take affirmative steps to make information public. They should not wait for specific requests from the public. All agencies should use modern technology to inform citizens about what is known and done by their Government. Disclosure should be timely.

I direct the Attorney General to issue new guidelines governing the FOIA to the heads of executive departments and agencies, reaffirming the commitment to accountability and transparency, and to publish such guidelines in the Federal Register. In doing so, the Attorney General should review FOIA reports produced by the agencies under Executive Order 13392 of December 14, 2005. I also direct the Director of the Office of Management and Budget to update guidance to the agencies to increase and improve information dissemination to the public, including through the use of new technologies, and to publish such guidance in the Federal Register.

This memorandum does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

The Director of the Office of Management and Budget is hereby authorized and directed to publish this memorandum in the Federal Register.

BARACK OBAMA

THE WHITE HOUSE

Office of the Press Secretary

For Immediate Release January 21, 2009

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT: Transparency and Open Government

My Administration is committed to creating an unprecedented level of openness in Government. We will work together to ensure the public trust and establish a system of transparency, public participation, and collaboration. Openness will strengthen our democracy and promote efficiency and effectiveness in Government.

Government should be transparent. Transparency promotes accountability and provides information for citizens about what their Government is doing. Information maintained by the Federal Government is a national asset. My Administration will take appropriate action, consistent with law and policy, to disclose information rapidly in forms that the public can readily find and use. Executive departments and agencies should harness new technologies to put information about their operations and decisions online and readily available to the public. Executive departments and agencies should also solicit public feedback to identify information of greatest use to the public.

Government should be participatory. Public engagement enhances the Government's effectiveness and improves the quality of its decisions. Knowledge is widely dispersed in society, and public officials benefit from having access to that dispersed knowledge. Executive departments and agencies should offer Americans increased opportunities to participate in policymaking and to provide their Government with the benefits of their collective expertise and information. Executive departments and agencies should also solicit public input on how we can increase and improve opportunities for public participation in Government.

Government should be collaborative. Collaboration actively engages Americans in the work of their Government. Executive departments and agencies should use innovative tools, methods, and systems to cooperate among themselves, across all levels of

Government, and with nonprofit organizations, businesses, and individuals in the private sector. Executive departments and agencies should solicit public feedback to assess and improve their level of collaboration and to identify new opportunities for cooperation.

I direct the Chief Technology Officer, in coordination with the Director of the Office of Management and Budget (OMB) and the Administrator of General Services, to coordinate the development by appropriate executive departments and agencies, within 120 days, of recommendations for an Open Government Directive, to be issued by the Director of OMB, that instructs executive departments and agencies to take specific actions implementing the principles set forth in this memorandum. The independent agencies should comply with the Open Government Directive.

This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

This memorandum shall be published in the Federal Register.

BARACK OBAMA

A day after President Obama introduced a new "era of responsibility," a private economist at a State of Sonoma County event offered a roadmap for improving things here.

Steve Cochrane of Moody's had three things on his list: education, resources and regulations.

In descending order, he said the biggest gains can be made via education, citing the now familiar statistics that the Latino population is growing fastest in Sonoma County and is considerably less likely to have completed high school. Even a modest improvement would translate to 4,800 more jobs by 2020 (2.2 percent more than if there were no education gains. There would also be a $600 million increase in economic output.

Next, reducing the cost of water by 10 percent (he didn't suggest how) would add 1,500 jobs and $108 million in economic output over the same period.

Finally, reducing the number of hours businesses spend complying with regulatory demands by 10 percent would add 900 jobs and $82 million in economic output.

All three things on Cochrane's list also are on the list of the Sonoma County Innovation Council, which recently completed its report (with Moody's help) to the Board of Supervisors.

Let's hope some of it works ...

-- Jim Sweeney

While attending the State of the County breakfast at the Doubletree Hotel in Rohnert Park this morning (We'll be writing more about that later), a couple of people mentioned that State Controller John Chiang is in Petaluma today and has offered to meet with county leaders tonight.

According to Jim Leddy, the county's community and governmental affairs manager, Chiang will be meeting with officials at 5 p.m. at Petaluma City Hall. All officials and the public are welcome to attend.

Sounds like a good chance to find out the status of things in Sacramento. Everyone, from school district to cities and counties to special districts, are on edge trying to guess what is going to happen with their budgets.

Chiang said last week that because of the state's cash crisis, he is going to have to delay sending out some checks. Payments that will be delayed include money owed to many businesses that provide services and products for the state. Rent subsidies for thousands of aged, blind and disabled Californians also will be held up.

Payments to counties for public services including law enforcement and welfare in addition to tax refunds also will be delayed.

"For months, I have warned state leaders that our cash flow will be in serious danger this spring," he said. "Without corrective action from the governor and legislature, there is no way to make it through February unscathed."

Sounds like a good time to find out how the scathing will occur.

- Paul Gullixson

Raining on an inaugural parade

It's been an impressive celebration this afternoon on Pennsylvania Avenue, the scene of the inaugural parade. But it's been far less joyful on Wall Street, scene of a 332 point drop in the Dow. Fears about the banking industry have continued to spook investors, and as a result bank stocks took a beating today. According to Associated Press, State Street Corp. plunged 59 percent today, Citigroup fell 20 percent and Bank of America lost 29 percent. Royal Bank of Scotland fell 69 percent in New York trading.

The Nasdaq was down 5.8 percent. The S&P was down 5.3 percent.

What a contrast to what is happening at the nation's capital.

I hate to bring this up, but it's reminiscent of another time a president took office during deep concerns about the nation's banking system. In fact, the day after Franklin D. Roosevelt took office on March 3, 1933, he declared a bank holiday to thwart a bank run.

Obama may need to step away from those inaugural balls tonight to confront the growing banking crisis - before the market opens on Wednesday.

- Paul Gullixson

It sounded as if Barack Obama muffed the words of the oath just minutes ago. But it was not the president's fault. Chief Justice John Roberts fed him the wrong words.

Under Article II, Section 1 of the U.S Constitution specifies the oath as follows:

"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

But when leading Obama, it sounded as if Roberts moved the word "faithfully" to after "the United States."

Obama paused a moment and then faithfully said it as Roberts instructed. On the positive side, he responded calmly to an awkward moment.

Either way, it doesn't matter. Obama became president whether the words were said correctly or not. And it lends a level of reality to the moment. Hey, we're all human!

- Paul Gullixson

A peaceful transition . . .

What a golden moment. Although he has not been sworn-in, Obama officially became president moments ago, at noon Eastern time, as Yo-Yo Ma, Itzhak Perlman, Anthony McGill and Gabriela Montero performed a beautiful John William composition titled "Air and simple gifts."

What a great tribute to this nation's tradition of peaceful transference of executive authority.

What a way to capture a moment.

- Paul Gullixson

Sonoma County watches . . .

As the inauguration ceremonies begin, the streets of Santa Rosa are empty. So are the stores.

I was watching the inauguration ceremonies with my kids before school this morning, and then raced to work. I quickly stopped by the Starbucks at Safeway on 4th Street at about 8:20 a.m. and the place was vacant. It seemed like a holiday morning.

There was no one in line at the Starbucks counter. There was no one in line in any of the check-out aisles. All I saw were employees.

It's remarkable. Even as I write this, I can hear only a few cars moving on Mendocino Avenue - very usual for this time of day.

Of course, when you look at the Washington Mall right now, it's clear where everyone is. It's a sea of humanity.

It's a remarkable day.

Now it's time for the oath of office . . .

- Paul Gullixson

Ode to an explanation

Of all the things we might publish on our opinion page on inauguration day, a poem would not have been in my top 20 - maybe top 50 - of options a week ago.

My colleagues past and present know I'm not a big fan of poetry in the form of political commentary. (And we have received quite a few in the past, particularly immediately following 9/11.)

I'm known as the place where poems go to die.

But last week, we received a submission from a local writer named Peter Jaret of Petaluma that caught our attention. So, believe it or not, I decided to run it today of all days. It's titled "Words from a hopeful nation." Check it out.

I thought it was well-crafted and managed to capture the optimism of the moment - through a Sonoma County voice. 

We've tried to use our pages this week as much as possible to let locals express themselves about the new president and the nation's new direction. We've done that through blogs, letters, Close to Home opinion pieces - now even poetry.

Yes, it's a day of many firsts . . .

- Paul Gullixson

Breakfast with Obama

For the six or seven of us left in Sonoma County who are not in Washington, D.C. this week but don't want to watch the inauguration Tuesday alone, here's an invitiation: Go to the Raven Performing Arts Center in Healdsburg.

The operators of the Raven tell me they've decided to open up the theater for free to those in the community who want to come in and watch the events. KRCB will be hosting a live feed.

The theater will open at 8 a.m. Obama will take the oath of office at 9 a.m.

Sounds like a fun way to take part in this historic event - without having to brave the crowds and the weather in D.C. 

The high in Washington on Tuesday is supposed to be 32. The temperature inside the Raven should be at least twice that.

But don't expect to be able to buy popcorn. The concession stand will be closed. But you're invited to bring your own coffee and bagel. Should be a warm communty gathering.

For more info, click here. 

- Paul Gullixson

Let's talk taxes. And political fallout.

In Washington this week, we've witnessed an uproar of the failure of Treasury Secretary-designate Timothy Geithner to pay $34,000 in federal taxes. Here in Santa Rosa, we've received several letters castigating The Press Democrat for reporting on the failure of Rue Furch, a Sonoma County planning commissioner and unsuccessful candidate for supervisor in the November election, to pay her property taxes.

At this juncture, it looks like Geithner's nomination will survive the disclosure. Some senators cite the ongoing economic crisis, saying Geithner is too important to President-elect Barack Obama's recovery effort to let him sink. (Sounds a lot like the rational for bailing out the big banks and brokerages last fall.) Another factor that may  help Geithner was his quick, clear explanation. (On the other hand, a finance expert saying he didn't understand the tax rules doesn't stir much confidence in his ability to right a listing economy.)

If he is confirmed, perhaps Geithner should be the first to leave Obama's cabinet, either voluntarily after getting a recovery plan in place or involuntarily if it turns out he's not any better at economic stimulus than he is at deciphering the tax code.

As for Furch, I'm not convinced the tax issue cost her the election. Obviously it didn't help. Nor did she did help herself any with her myriad explanations. It's still not clear if tax payments were delayed because of business setbacks, unexpected remodeling costs, too much time in volunteer service, her partner's oversight, her children's housing needs or something else. The issue came up months before the election, and a straightforward answer may have buried it.

Some say it was inappropriate to check her tax bill (they're all public records, you know) after the election, but she remains a public official, a member of the Sonoma County Planning Commission. The new supervisor, Efren Carrillo, hasn't said if he plans to replace her. But after the latest disclosure, it would be surprising if he didn't.

In the end, I think Geithner and Furch are proof that paying your taxes matters, especially if you want to serve in government.

-- Jim Sweeney

Well, it had to be one of the briefest of State of the State addresses in California history. Twelve minutes in all. And it came with only one break for applause from the audience. That was for the firefighters who at one time last year were battling more than 2,000 fires throughout California.

But the governor made it clear that his was not going to be a traditional State of the State address. He said he would present his customary vision for the state later after the Legislature had come to agreement on a plan for tackling the state's budget deficit.

Most of his talk was directed at the need to confront a budget deficit that's projected to be $42 billion by June of next year.

The state "faces insolvency within weeks," he said. "We have no alternative but to find agreement." The budget deficit, he said, is a "rock upon our chest and we cannot breath until we get it off."

He got one laugh during the address. That was after he suggested that he and the legislators go without pay and without their $173 a day per diem for every day the budget is not approved after the constitutional deadline of June 15.

"You have to admit this is a brilliant idea," he said. That's when he got a few chuckles.

"I mean, if you call a taxi and the taxi doesn't come, you don't pay the driver. If the people's work is not getting done, the people's representatives should not get paid either. That is common sense in the real world." Nobody was laughing at that point.

To see a replay of the governor's speech, click here.

- Paul Gullixson

Yes, Gov. Arnold Schwarzenegger plans to give his annual State of the State address on Thursday. But it seems to be the most underpublicized event in the history of a capitol - and governor - known for fanfare.

In the past, the governor has given his State of the State address in the evening, in time to catch primetime TV viewers. But Thursday's speech will be given at 10 a.m. just in time to miss late commuters and those taking an early lunch.

That's because Sacramento lawmakers are about as eager to be seen or heard talking about the budget as President-elect Barack Obama and members of his cabinet are eager to have their photo taken with Dick Cheney. It's toxic.

In this stealth address, the ever-optimistic governor will be challenged to say anything positive given the stalemate in negotiations over dealing with a budget deficit that's expected to reach $42 million by June of next year.

Also, don't expect to find this broadcast on any TV. It appears the only way most Californians will be able to see the speech is via Webcast on the governor's Web site. Click here for a link.

A recent Public Policy Institute poll shows the governor's approval ratings at around 40 percent. But that looks pretty good when compared with those of state lawmakers, which is down around President Bush's level - 27 percent.

If things get any worse, legislators may want to get a photo with Cheney afterall. Compared to the budget crisis, the vice president may be a better association.

- Paul Gullixson

As I wrote in my Sunday column, a group of Sonoma State University students is in Washington, D.C. this week participating in a special presidential inauguration educational program through the non-profit Washington Center.

Tonight, the group, led by Associate Professor David McCuan, is hearing from CBS News Chief Washington Correspondent Bob Schieffer, moderator of "Face the Nation."

Wednesday's session will be broadcast live (and rebroadcast later in the day) via C-SPAN, but you will have to get up early. The session starts at 6 a.m. PST.

The session will feature a special program with Brian Lamb, president and CEO of C-SPAN. McCuan left me a message today saying the students may hear from White House Press Secretary Dana Perino who is tentatively slated to show up.

Later in the day, the students also will hear from Ted Koppel, former host of ABC News Nightline and Chicago Tribune Columnist Clarence Page.

To read the students blogs, go to D.C. Dispatch on our new Inauguration 2009 Web page.

- Paul Gullixson

Among his last acts as president, Bill Clinton issued more than 100 pardons, including several that proved politically embarrassing (Remember financier Marc Rich?). President Bush has been unusually stingy about pardons throughout his tenure, and we don't know if he plans to issue any more before leaving office next week. But we can get a peek inside the process courtesy of  Fred Franzia, the California wine merchant responsible for "Two-buck Chuck."

It turns out Franzia was convicted 16 years ago of selling fraudulently labeled grapes, and he petitioned Bush for a pardon. Franzia got turned him down, but details of his application were released to McClatchy Newspapers after a Freedom of Information Act request. McClatchy D.C. Bureau Chief Mike Doyle's story outlines the role of a California congressman and a former Justice Department lawyer in trying to secure a pardon for Franzia.

Do you think Bush made the right call? Do you think he'll issue more pardons before he leaves office?

-- Jim Sweeney

Feds gone wild?

No, this is no joke. Forbes.com, CNN and others are reporting today that Larry Flint of Hustler fame and Joe Francis, chief executive officer of the "Girls Gone Wild" video series, plan to ask Congress for a $5 billion piece of the government's $700 billion bailout funds.They contend that the porn industry needs a little help.

Click here to see the Forbes item titled "Mr. Smut goes to Washington." Click here for the CNN story. According to the CNN account, Owen Moogan, spokesman for Flynt, said, "The porn industry has been hurt by the downturn like everyone else and they are going to ask for the $5 billion. Is it the most serious thing in the world? Is it going to make the lives of Americans better if it happens? It is not for them to determine."

One is left to wonder how Henry Paulson will respond to that. They argue, like the auto industry, they create jobs. But said Flint, "Americans can do without cars and such but they cannot do without sex."

Well, if that's true - and the nation's sex future depends on Hustler magazine - forget the bailout. Maybe it's time for a Fannie-and-Freddie-like takeover of the porn industry?

Talk about a stimulus plan . . .

- Paul Gullixson 

We may be edging closer to mail-only elections, at least in the North Bay.

Sonoma and Marin county election officials have aggressively promoted mail balloting for many years, saying it boosts turnout and could save money.

An analysis of the November election released Tuesday by the Field Institute reaches the same conclusion, at least with regard to turnout.

California's voter turnout increased for the third straight presidential election, after 32 years of declining participation, and Field attributed the trend to an increase in vote-by-mail ballots, the new name for absentee ballots. Of the record 13.7 million votes cast in the November election, 5.7 million were mail ballots. That's up 1.6 million since 2004 and more than double the 2.7 million cast in 2000.

In addition, 84.9 percent of the 6.7 million mail ballots distributed were returned, compared to an overall turnout of 75.9 percent.

As we've already reported, Sonoma had the largest turnout of any county, with 93.4 percent of registered voters casting ballots. And 59.4 percent voted by mail. Only six counties had larger proportions, including tiny Alpine and Sierra counties, which only have mail ballots.

Sonoma and Marin counties would like to go the all-mail route, and election officials have volunteered several times to be test sites for the state. Gloria Colter, the assistant registrar of voters in Sonoma County, said the offer stands for a special election this spring that's likely to be required by any state budget deal.  "We're still ready, willing and able," she told me Wednesday.

She thinks there would be enough savings from not setting up 300-plus polling stations, each with four paid workers, to more than offset postage costs. And she thinks the data proves that more people would participate.

The hold ups include tradition (many people like to go to the polls) and politics (legislators aren't so sure that an all-mail election offers the best chance of approval for spending cuts and tax hikes likely to be on the ballot). Also, Los Angeles County isn't enthusiastic about mail voting. So Colter and other advocates are hoping lawmakers might give county supervisors the option of holding mail-only elections.

I'll admit that I'm one of those who likes going to the polls. What would you think?

-- Jim Sweeney

You may recall that the chambers of commerce in Santa Rosa, Cloverdale and Sebastopol hired a company to create slogans and logos for them. I'm afraid I couldn't have remembered one of the slogans if someone offered me $1,000 until I got a letter to the editor today asking about Santa Rosa's slogan, "California Cornucopia." Thanks for the reminder go to Ned and Jane Alpert of Santa Rosa. Your letter will be in the paper in the next few days.

But what really got me started on this subject was a column from the Marin Independent-Journal by Dick Spotswood. Marin County has come up with its own new slogan ("Marin - Just a little out there"), and Dick offered some suggestions for Marin's cities and towns. Among them:

-- Corte Madera: "Mall of Marin."

-- Fairfax: "Where the '60s still live." (This one might get a protest from Cotati.)

-- Nicasio: "Home of Skywalker Ranch, but we can't tell you where."

-- Mill Valley: "Come for the lattes, stay for the pilates."

-- Point Reyes Station: "Don't even think of building here."

-- Ross: "Where $10 million doesn't go as far as it used to."

-- San Quentin Village: "Marin's largest gated community."

-- Bolinas: A series of signs along southbound Shoreline Highway, starting in Stinson Beach, beginning with: "Bolinas does not exist." Heading around the lagoon: "Bolinas - 20 miles." At the intersection leading to Bolinas: "The AAA road map is wrong." Halfway down the road toward the village: "Warning! Last  chance to turn around. Proceed at your own risk."

-- Jim Sweeney

A year ago, Press Democrat letter writers were voicing outrage over a Schwarzenegger proposal to close 48 state parks including Armstrong Woods and Austin Creek state parks near Guerneville.|
At the time the state's budget problem looked pretty grim - $14.4 billion over 18 months.

Well, that problem has now swollen to $41.5 billion over 18 months, and the governor, is desperately trying to get the Legislature to agree on a number of budget-balancing steps, most of them more dramatic than closing state parks.

One is to shut down schools at least five days early with the next school year.

How would just a plan impact you?

For example, for my children's school in Rincon Valley, if they lost five days of instruction this year, they would be getting out on Thursday, May 28. For students in Santa Rosa City Schools, it would mean getting out on Thursday, May 21, four days before Memorial Day.

I'm still getting used to starting the school year in August. Don't ask me to get used to ending barely a month after Easter.

- Paul Gullixson