Recently in the FlashReport my friend Jon Fleischman wrote to urge the Constitutional elected officers to bend to the will of the Governor on the issue of employee furloughs. I disagree. Actually, I oppose furloughs on both constitutional and pragmatic grounds. First, the Constitution. If it means anything (and these days, that seems open to question) the Constitution of California set up a divided executive branch. Unlike the Federal government, California has 11 officials elected independently of the governor. The drafters in both 1850 and 1879 had concerns about an all-powerful executive and wanted to add checks and balances beyond the three separate branches of government.

The Board of Equalization, where I serve, and the other Constitutional officers, do not answer to the Governor. He cannot order us to give a taxpayer a break, nor can he order us to audit a taxpayer who has crossed him. In other states and in the Federal government, I believe that both have happened. (Think of Nixon’s infamous Saturday Night Massacre as an example of an executive wielding inappropriate power of the employees of another agency.) It is a… Read More

Since the old saw goes – "Imitation is the sincerest form of flattery" – I’m flattered that it appears my weekly Waste Watch posts are going to be continued on FR.

As you all know, the top-notch staff in the Republican Senate Caucusactually write the Waste Watch – as they always did for me. They do a great job of highlighting the never ending waste of government.

I always felt is was important to constantly demonstrate government’s inability to spend taxpayer’s dollars efficiently even while my Democrat colleagues continued their call for higher and higher taxes. Apparently my successor, Senator John Benoit does too – he’s started posting his version today. You can find it below.

John, I’m flattered you want to keep this great tradtion alive. Thanks.… Read More

I am pleased to offer this guest commentary from Senator Abel Maldonado, who represents California’s 15th District along the Central Coast…

John Chiang: A Controller Out of Control By State Senator Abel Maldonado

If your tax refund check is delayed, blame State Controller John Chiang’s irresponsible spending. While you’re trying to find a way to do more with less, the state controller is continuing to do less with more.

**There is more – click the link**… Read More

Yesterday, my friend Patrick Dorinson penned a column for Fox and Hounds Daily, Inherit the Wind, where he questioned the wisdom and tactics of my decision to introduce a resolution for the upcoming California Republican Party convention that would officially censure any Republican legislator that voted to increase taxes. This resolution is accompanied by another one that praises Republican legislators for holding the line against higher taxes. It is my sincere hope that the first resolution gets tabled as being inapplicable, and that the party faithful will be able to unanimously pass the latter – a well deserved thank you to Republican legislators that have, despite a very high degree of pressure on them from the special interest groups that dominate the State Capitol, and the battering by the political left who occupy their high chairs on many of the editorial boards of major California newspapers.

In Patrick’s piece, he makes this statement: “Political parties exist to win… Read More

Capitol Weekly and Probolsky Research (my firm) debut our statewide poll today, a poll that is less pedestrian than the other regularly published statewide polls.

The first article on the results highlight support among California voters for a part-time legislature. John Howard and Anthony York wrote an article about the poll in Capitol Weekly’s Thursday edition.

Another article by Anthony York discusses the difference between our results and results from a Enviro group sponsored poll on the prospect of loosening environmental regulations for new projects in California.

Overall we found that voters are not happy with the direction the state is headed nor the leadership of the governor.

We also identified a more than two-to-one Democratic preference among Decline to State voters over Republicans.

The actual poll reports can be viewed by visiting… Read More

Barack H. Obama has nominated David Ogden, an accomplished lawyer for the "skin-flick" industry, for the important job of Deputy Attorney General of the United States. The Deputy AG serves as the prime manager of the Agency and the Administration’s justice policy. The Deputy AG post is also seen as a stepping stone and has been held bya number of prominent lawyers on their way up in government including William P. Rogers (later Nixon’s Secretary of State), Lawrence Walsh (later Iran-Contra prosecutor), Richard Kleindienst (who went on to be Attorney General), Ramsey Clark (anotherDemocrat mistake), Warren Christopher (later Carter’s Secretary of State), Benjamin Civiletti (whoalso went on to be Attorney General), and Eric Holder, the current Attorney General.

Ogden’s legal skills as a porn lawyer include representation ofthe biggest distributor ofhard-core pornographic films,as well as raunchy Penthouse magazine and tamer Playboy. His cases include opposition to spam filters on computers in public libraries, even where unsupervised children have… Read More

"He really didn’t used to be this bad," I can imagine Congressman Kevin McCarthy telling his fellow Republican Congressman from California at their weekly delegation meeting, as they absorb the fact that despite the fact that every one of them opposed President Obama’s pork-laden "stimulus" boondoggle plan, Republican Governor Arnold Schwarzenegger embraced the plan, signing a letter encouraging its passage.

Perhaps the next time that Governor Schwarzenegger is in Washington, D.C., he can stop by a meeting of the California GOPers. Of course, if he did, I would recommend that freshman Representative Duncan D. Hunter stop by the office of his local Assemblyman, Joel Anderson, who can make him some name tags.

It seems remarkably shallow if the only criteria that Governor Schwarzenegger uses on judging this terrible legislation is "how much welfare do we get for California government" — we expect the Governor to apply more sophistication, and reject this kind of redistributive, Keynesian policy… Read More

So FR readers know that a judge ruled against State Controller John "Union Tool" Chiang and so Governor Schwarzenegger’s modest proposal to require all state employees to take off two days a month without pay (now referred to as "Furlough Fridays" apparently). My prediction is that this action foreshadows more extreme decisions by the Governor, such as significant layoffs. Logically, how do you shrink state expenditures down to the level of state income without reducing the state’s work force? I digress…

So all of the State’s Constitution Officers who are not famous movie stars all send whiny letters to Chiang, who packages them all up (see the attachment below) and puts a cover letter on them, and asks Judge Marlette to, in essence, exempt these 15,000 or so state civil servants from the furloughs that effects over 200,000 other state employees. (I would note, by the way, that I never saw these Constitutional Officeholders complain about any raises that were bargained with the Governor for their employees).

Without going… Read More