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Top Stories: Nov. 3, 2009

Reed Lambastes Sacramento; Davis' Plan for SJPD Questioned; PA Voters Consider Tax

’California Is Ungovernable,’ Says a Combative Mayor Chuck Reed
In an interview with the Fox Business channel, Mayor Chuck Reed called California "ungovernable," and called for a new constitutional convention to set matters right. "We fight and fight and fight and fight, and never get anything accomplished," he said, adding that the state hasn't really had a balanced budget for over a decade. "They're not trying to take our money. They're taking our money," said Reed, pointing out that California has repeatedly raided the city's coffers to cover its own budget deficit.

He then provided the statistics to back up his claim: $20 million in property taxes and $75 million in redevelopment funds have been diverted "down the food chain" and grabbed by the state government. "It's not good for business, it's not good for the economy, but that's what they've done."
Read More at NBC Bay Area.


SJPD's Internal Review Comes Under Fire
Critics of the SJPD claim that the recent arrest of Vietnamese student Phuong Ho, which happened to be captured on camera by his roommate, is indicative of a larger problem concerning the amount of force being used by the police. Even Mayor Chuck Reed has expressed "significant concerns about how and when force is used" by the police.

In response, Police Chief Rob Davis two new measures: 1) a group of officers would review current training procedures regarding the use of force; and 2) a team of police captains would meet regularly to review cases under investigation.

But is this enough? Councilmember Kansen Chu doesn’t think so. He points out that in 2008, internal police investigators did not uphold a single complaint of excess police force made by a civilian. "That really jumped out at me. Logically I doubt that big zero."

He says that the solution is to provide the Independent Police Auditor with greater authority. Pierce Murphy, a former police officer in Menlo Park and now the ombudsman of the Boise police department, would take it a step further. While he supports the panels in principle, he would like to see some civilians added to them to promote greater neutrality. "Can the panel members who work for the chief really ask tough questions?" he asks.

Perhaps the sharpest attack against the new measures came from Peter Keane, former Police Commissioner in San Francisco and now a professor of law at Golden Gate University law. He compared having the police investigate their own abuses to "the fox guarding the chicken house." Even if it's an honest fox, as Murphy pointed out, there's the public perception to deal with too.
Read More at the Mercury News.


Voters Consider New Tax in Palo Alto
When voters in Palo Alto go to the polls today, they will be asked to consider Measure A, imposing a new business licensing tax on local businesses. If passed, manufacturers, wholesalers, retailers, and other small businesses would have to pay $75 for their first employee and $34 for every additional employee. Professional services, real estate brokers, and other, non-classified businesses would have to pay $95 per every additional employee, while landlords with four or more rental units would have to pay $25 per unit. Revenue from the tax would go to the city's general fund, and be used to support local police and fire departments, schools, street repairs, and recreation.

Opponents of the tax argue that this would place the highest business license tax on small businesses in the entire county, and place them at a competitive disadvantage. Mayor Peter Drekmeier disagrees, and argues that the anticipated $3 million that the tax will raise are necessary for the city to continue providing basic city services. "Our disaster preparedness division of the fire department, city shuttle service—these are all at risk," he warns, because of the city's $10 million deficit.

Measure A requires 51 percent of the vote to pass.
Read More at KCBS.


Santa Clara Unified School District to Vote on Measure C
Voters in the Santa Clara County School District will be voting whether to impose a $138 property tax for five years to support local schools. The tax is intended to "retain qualified, experienced teachers, prepare students for college and careers, maintain small class sizes in kindergarten through third grade and provide after-school tutoring and guidance programs." None of the money may be used for administrative salaries. Property owners aged 65 and over may apply for an exemption. The tax is expected to generate as much as $4 million annually.

Supporters of the tax argue that "there is a direct correlation between strong schools and strong property values." Opponents reject the imposition of additional taxes, especially during difficult economic times, when property values are dropping.

A similar measure in the Fremont Union High School District will ask voters whether to extend the current parcel tax for schools. The current tax is due to expire in two years' time.
Read More at The Mercury News.
Read More at SmartVoter.org.
Read More at the Santa Clara Weekly.


Local College District Files Amicus Curae Brief in Support of AB 540
With local colleges among the hardest hit in the recent state budget cuts, the San Jose/Evergreen Community College District has decided to fight back. The district filed an amicus curae brief with the state Supreme Court in the Martinez v. Regents of the University of California case. At the heart of the case is AB 540, a 2002 state law that allows undocumented immigrants to avoid paying nonresident fees while attending the schools, provided that they attended high school in California for at least three years. The difference in tuition is significant: $26 per unit for residents, vs. $191 per unit for non residents.

SJECCD is the only district to date to support AB 540. The district claims that these students offer tremendous benefit to the schools and the state, and that they promote college goals of "diversity, bridging the achievement gap, reducing the drop-out rate, and strengthening California’s workforce." According to Board President Randy Okamura, "We are inspired by the hardworking and high achieving student leaders who attend our college campuses because of AB 540."

A spokesman for the district said that at present, it is impossible to determine how many undocumented immigrants attend classes under the provisions of the law. Though she admits that there is a large undocumented student population, some do not claim residency so as not to draw attention to themselves.
Read More at the Business Journal.
Read More at National Immigration Law Center.
Read More at Politicon Valley.