Los Angeles Update: Proposition B ballot argument to keep its "teeth"

As many of you have learned over the past month, I have volunteered my services to fight a power grab by the IBEW union to pay for a sole-source boondoggle solar project for themselves on the backs of Los Angeles City residents & businesses. This measure threatens to double or even triple the electrical rates of all residents & businesses in the City of Angels; not just those registered as Republicans! ;-)

The opposition leaders to this deceitful proposition submitted a proper ballot argument for the March 2009 election, but the IBEW hired a slick law firm to challenge much of the wording in order to remove most of the "bite" from the ballot argument. Candidate for Mayor David Hernandez stepped up with his own resources to lead the fight in court against this attack, and I was able to get the news personally from him last night that he and the opposition leaders had scored a great victory in court.

Below is the article from the L.A. Times from the same reporter that originally blew the whistle on this scheme by the IBEW, DWP and the L.A. City Council. He tells it best:

Judge upholds wording of Measure B's ballot argument

He refuses to remove key passages warning that Los Angeles' solar energy initiative in the March 3 election would create a monopoly.
By David Zahniser

5:02 PM PST, January 8, 2009

A judge on Thursday refused to remove key passages used by neighborhood activists in their ballot argument against Measure B, the solar energy proposal heading to Los Angeles voters in the March 3 election.

Mitchell Schwartz, a political strategist who staged Mayor Antonio Villaraigosa's 2005 inaugural gala, had asked the judge to take out wording in the voter pamphlet warning that the solar plan would give a monopoly to the International Brotherhood of Electrical Workers, the union that represents employees at the city's Department of Water and Power.

But Superior Court Judge David P. Yaffe said the measure -- which has been embraced by Villaraigosa and the City Council -- is open to a range of interpretations. "The proposition is so vague and so encompassing that speculation about just about anything is fair game," he said.

Yaffe issued a tentative ruling that is expected to become final today. But his statements did little to end a heated debate over the solar proposal, which seeks to add 400 megawatts of solar energy to rooftops and parking lots by 2014.

Those who signed the argument against Measure B accused allies of the mayor of using expensive lawyers to squelch the opposition's political views. After Schwartz went to court, signers of the ballot argument against Measure B hired a lawyer -- city attorney candidate Noel Weiss -- and dubbed themselves "the Solar 8."

The group's members includes former DWP president Nick Patsaouras, now a candidate for city controller, and former Los Angeles Daily News editor Ron Kaye.

In his tentative ruling, Yaffe also refused to remove language that warned that "no competitive bidding" would be used by the solar program. And he declined to take out wording that warned that the DWP would use "outdated technology" for the initiative. "The judge did the right thing," Weiss said.

Schwartz, who served last year as state campaign director for President-elect Barack Obama, did not attend the hearing. But attorney Stephen Kaufman, who represented Schwartz, said opponents of Measure B had made false or misleading statements that would be corrected during the campaign.

In the opponents' ballot argument, "the implication is that this is a self-serving deal being foisted on the voters here, and that is simply not the case," Kaufman told the judge.

He said his client scored one important victory, by forcing opponents of Measure B to remove a passage stating that no public hearings had been held on the solar proposal. Instead, the argument will say that the DWP did not provide "engineering or operational input" before Measure B went on the ballot.

The measure was proposed by Working Californians, an advocacy group headed by two high-level officials from the International Brotherhood of Electrical Workers. The Measure B campaign paid for Schwartz's legal fees.

Schwartz, president of the Los Angeles League of Conservation Voters, was part of a select group that attended a Feb. 29, 2008, presentation on the solar plan by the union's Local 18 business manager Brian D'Arcy. His public relations firm, Bomaye Company, provided services to the DWP between 1999 and 2003. During that period, the firm helped promote the DWP's green initiatives, including one of its existing solar programs.

Schwartz's latest firm, skImpact, has a contract with CH2M Hill, a company that has been accused by the DWP of overbilling. But Schwartz said he is not doing any work related to the city or its electrical utility -- and only joined the lawsuit at Kaufman's request.

"I'm not part of the insider crew at all," he said. "I know them, but I'm not part of them. I just think the solar thing is really good."

david.zahniser@latimes.com

Judicial Endorsements for June Primary

Fellow conservatives,

In keeping with my commitment to getting out the word on all of the races for June 3rd, I wanted to talk a little about a friend of mine running for Superior Judge. Even better, I'll let her talk to you herself. She sent out a posting for me to use, and I've included most of it below.

Of note, Kathleen Blanchard has joined with superior judge candidates of multiple parties to create a true crime-fighting team of conservative judiciary candidates. Kathleen received the endorsement of the Lincoln Clubs of Los Angeles County, which is a true sign of a conservative candidate. Here is most of her message below, including the team of candidates I am endorsing for June 3rd. (The list includes both judiciary candidates endorsed by the Republican Party of Los Angeles County - Michael O'Gara & Michael Jesic.)

"Hi everyone! As you know, I am running for judge in the June 3rd election (seat 123). I am writing to solicit your help in getting the word out about the election. There are 11 superior court seats on the ballot, and not much else, so I fear that voter turn-out will be extremely low. What that means is that every vote counts A LOT.

I am asking that each of you send a mass e-mail to everyone you know in Los Angeles County, asking them to VOTE on June 3rd, and to vote for the best caandidate in each of the judicial races.

...(T)ell them about me (a career prosecutor, working in the Hardcore Gang Division, prosecuting gang-related homicides, endorsed by virtually every police officer organization in LA County, the LA Times, Antonovich, Knabe, Cooley, Baca, & more than 30 Superior Court Judges) and/or about my opponents (both of whom were rated "not qualified" by the Los Angeles County Bar Association), or you can simply refer them to my website at www.blanchard4judge.com where they can learn everything they need to know about my race.

In addition to my own race, I have some suggestions about whom to vote for in the other seats. These aren't just friends of mine; they are great prosecutors who have dedicated their careers to public service. Each of them would make an excellent judge. But, again, you don't have to believe me. Each has a campaign website where you can go to see their qualifications for yourself:

seat 69 Serena Murrillo www.murilloforjudge.com
seat 72 Hilleri Merritt www.merrittforjudge.com
seat 82 Thomas Rubinson www.tomrubinson4judge.com/
seat 94 Michael O'Gara ogara4judge.com
seat 95 Lance Winters www.wintersforjudge.com
seat 119 Jared Moses www.mosesforjudge.com
Seat 123 Kathleen Blanchard www.blanchard4judge.com
seat 154 Michael Jesic www.jesicforjudge.com

If you would please pass this information along to everyone you know, wherever they live in L.A. County, and ask them to do the same, I would really appreciate it. I'm trying to make it as easy as possible, so that people can just print out the list & take it with them to the polls. Thank you so much for all of your help! Please let me know if you have any questions."

I plan to compile all of my endorsements into one easy handout that I will send out, and will also try to set it up on this site to download it. This way, you'll have what you need for the polls.