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HomeMy WebLinkAboutLetter from Dr. Eugenio Frongia - Cty reso in support of State Constitutional Convention Butte County Board of Supervisors Bill Connelly, Chairman BOAR©OFSUpFRVISORS Jane Dolan DEC 3 1 ZO�g Maureen Kirk Steve Lambert OROVILLE,CALIFORNIA Kim Yamaguchi 25 County Center Drive Oroville, CA 95965 January 1,2010 Dear Chairman Connelly and Members of the Butte County Board of Supervisors: Happy New Year! And may 2010 be the year when we,the people, rise to meet the challenges of efficient governance in Sacramento. On behalf of millions of Californians, I, ond'ofrour Butte County constituents,wish to thank you for your ongoing concern about responsible governance,both locally and statewide. I write to,ask-you to pass a County resolution in support of a State Constitutional Converi'ton. The ballot measures calling a Convention, whose language has been recently approved by the Attorney General,are proposed by Repair California, a broad,non- partisan coalition of individuals and citizens like me. The measures would call a limited Convention that will focus on issues of governance, like the distribution of power between the state and local governments. County Supervisors have a major role in the selection of delegates to the Convention. Since you play such an important role and since the state's governmental dysfunction is debilitating to local and county governments, we enthusiastically seek your support in the common efforts to repair and reform California. Please pass a resolution in support of the proposed Constitutional Convention. 7Since I , .Q Dr. Eugenio N. Frongia Emeritus Faculty California State University, Chico 805 Westgate Court Chico, CA 95926 (530) 345-9125 efrongia@earthlink.net Cho Butte County Board of Supervisors Attachments: f 1. "Government Reform Coalition Submits Measures To Call California Constitutional Convention" 2. "Constitutional Convention Ballot Measure Fact Sheet" 3. "Citizens' Constitutional Convention Act" 4. "The Call for a Citizens' Limited Constitutional Convention" 5. "Routes to Become a Delegate" 6. "Chico Enterprise-Record/Mercury-Register Editorial "State Should Just Start From Scratch"(Thursday,August 6, 2009) 7. "Stranger Than Fiction" (Chico News& Review Guest Comment,Thursday, December 24,2009). Contact: John Grubb Spokesman,Repair California RRUIR CILIFORN11 :415-946-8705 C:415-8847-6320 _cak for�:niau zjlo a State Consti.tudowl Contention C GOVERNMENT REFORM CoALITIoN SUBMITS MEASURES TO CALL CALIFORNIA CONSTITUTIONAL CONVENTION Would Be the First Convention in More Than 130 Years SACRAMENTO, Calif,October 28,2009—Today,Repair California, a group of everyday Californians,reformers and advocacy groups turned in ballot language to call the first Constitutional Convention in California in more than 130 years. Citing a broken system of governance,the measures would call a limited Constitutional Convention to reform four areas of the constitution. the budget process; the election and initiative process; restoring the balance of power between the state and local governments; and, creating new systems to improve government effectiveness. The Convention is specifically prohibited from proposing tax increases or from considering changes to social issues such as marriage, abortion, gambling,affirmative action, freedom of the press, freedom of religion, immigration, or the death penalty. Voters will decide on calling the Convention on the November 2010 ballot, the Convention would be held in 2011 and its proposed reforms would require voter approval in one of the three scheduled statewide elections in 2012. "California deserves a better system of governance–and this one is failing," said Jim Wunderman, the President and CEO of the Bay Area Council and a member of Repair California. "California has become the laughing stock of the country,but the damage our state government is causing by not acting on the crises in our education system,prisons, water, budgeting, local governments and economy isn't funny, it's tragic. Since the legislature is unable to act and our initiative system has been hijacked,the only way to reform our state is through a Constitutional Convention." The two measures would call a limited convention to consider changes only to the state's governance system. In a first-of-its-kind approach,the proposed Convention would gather 240 everyday Californians–three per Assembly District–four delegates from federally recognized Indian tribes,and approximately 221 delegates appointed by local government leaders from cities, counties and school districts to consider reforms. "We don't fear the people, we celebrate them with this Convention,"said Antonio Gonzalez, President of the William C. Velasquez Institute. "We believe the people of California should be involved in any effort to improve the Golden State,especially determining our foundational values and system of governance. This Convention is set up to mix the values of everyday Californians with experts appointed by local government leaders to produce reforms our state needs and voters will approve." Bob Stern,President of the Center for Governmental Studies, noted, "Almost 100 years after Hiram Johnson, California's `reform governor,' and the `Progressives' made sweeping changes to our state's Constitution, California now has an opportunity to modernize it for the 21st Century. Although many important reform measures may be on the ballot,the proposals for a Constitutional Convention may be the most significant. If passed,they will make 2010 the `year of reform."' In a poll of 1000 registered California voters, conducted by EMC Research, with a margin of error of 3.1 percent, Californians appear ready to approve the two measures to call the Convention. After explaining basic details of the proposal, such as who could serve as delegates and what issues would or would not be considered, more than two-thirds of Californians (69 percent)would vote yes on"Proposition l,"which would allow the voters of California to directly call a Convention. A similar supermajority of 71 percent would vote yes on"Proposition 2,"which would immediately call a limited Constitutional Convention to propose reforms to the state's governance structure. Both measures only require a simple majority of 50 percent of voters to win on Election Day. The measures are supported by 70 percent of registered Republicans, 71 percent of Democrats and 74 percent of decline to state voters. In age groups, support is highest among young 18-34 year-old voters with 73 percent reporting they would vote yes,but 71 percent of those 55 years-old or higher would also approve the measures. Turnout is often considered a key political factor for ballot measures,but the Constitutional Convention measures are strong with low propensity voters (71 percent)and with high propensity voters (70 percent). Support for the Constitutional Convention is particularly high with Latino voters (80 percent). The poll was conducted September 8-13,2009. "Our current California Constitution doesn't just enshrine a broken governance system, its foundation was constructed with some shameful building blocks,"said Jaynes Fang,President of Asian Week Newspaper and Vice President of BART. "It included provisions that `No native of China' would ever have the right to vote, and prohibited public bodies from employing Chinese. That past needs to be firmly behind us and I am very pleased that this Convention is set up to celebrate and embrace California's diversity." To draft the ballot measures, and ensure they reflected the sentiments of the state,Repair California held a series of Town Halls often attended by hundreds of people at sites in Los Angeles, San Diego,Alameda, San Francisco,Irvine, Santa Monica,Fresno,the Sierra Nevadas, Silicon Valley and Orange County. The movement also heard from thousands of others through Web 2.0 technologies. Finally,Repair California consulted with experts, historians and lawyers, and other experienced leaders who often offered their assistance pro bond. "While perfect is not possible in any endeavor, we are very proud with what we have come up with,"said Wunderman. "Now it is time to let the people speak." REPAIR CILIFORNIA CaliforniamV6a Stale L,'n�ra�iltatiaizaL(onuenti4m. Constitutional Convention Ballot Measures Fact Sheet • Repair California fled two ballot measures on October 28, 2009,to call for a limited state Constitutional Convention. They are currently awaiting title and summary from the Attorney General. • The first ballot measure,the Citizens'Constitutional Convention Act, amends Article 18, Section 2 of the California Constitution to allow the citizens of California to call for a Constitutional Convention by the vote of simple majority in a state-wide election ballot. o It specifies that a Call for a Convention can be made through the initiative process,so long as no convention has convened within ten years of such an election. o It stipulates that whether a Convention is called through the Legislature (the current route to a Convention) or through the initiative process (the new route to a Convention), the Convention call may prescribe judicially enforceable limits (a limited scope), it authorizes the Convention to propose both a revision or separate amendments to the Constitution and finally, it allows the call to outline a fair methods for selecting or electing delegates. • The second ballot measure, The Call far a Citizens'Limited Constitutional Convention, would call for the Convention and set forth the following rules and principals: o Forms the Constitutional Convention Commission, made up of the Fair Political Practices Commission or their designees, which will: Incur all costs of the Convention; determine the date and location of the Convention; hire the Constitutional Convention Clerk and other staff and counsel; be the final arbiter of delegate qualification; provide for the training of delegates; determine if required deadlines should be extended; and, provide any additional assistance as determined by the Convention. o Outlines the duties of the Constitutional Convention Clerk who will: Prepare and manage the Convention budget; establish Convention rules for adoption; serve as interim-Chair for Convention until the delegates elect a Chair; hires staff and provides analysis for the delegates' deliberation (provided that the delegates may also call upon the state's Legislative Analyst or other sources of information); establish and maintain Convention website; and, oversee the administration of Convention and other duties determined by the Commission or the Convention. o Describes the three different types of delegates to be selected: Assembly District delegates, County delegates and Indian Tribe delegates. ■ There will be 240 Assembly District delegates,three from each district. ■ There will be one County delegate for each 1751000 residents of that County. If a County has less than 175,000 residents, it will have one delegate. ■ There will be four Indian Tribe delegates,serving as representatives of the federally recognized Indian Tribes in the State. o Outlines the process by which each type of delegate is selected. (see Delegate Selection paper) o Limits the scope of the Convention to the following four categories: ■ Government Effectiveness, with emphasis on establishing a method for ensuring government efficiency. ■ Elections and the Initiative Process, with a focus on reducing special interest influence. ■ Spending and Budgeting, relating to the process,term and balancing of the budget,voting thresholds and mandating spending. ■ Governance, including the relationship between the state and local governments and the structure of the legislative and executive branches. o Further limits the scope of the Convention by dictating that the Convention may not propose direct tax or fee increases nor shall it address social issues or other issues related to increasing taxes and changes that could threaten protections on civil rights. o Requires the Convention commence no later than May 20, 2011 and the delegate's package of proposals will be voted upon no later than at the November 2012 general election. o Outlines quorum, voting rules and order of business responsibilities. o Ensures that all proceedings of the Convention are free and open to the public and sets forth rules to ensure openness and transparency. o Note:The parameters governing the proposed Convention set forth in this initiative and inserted as statutory government code will expire on December 31, 2012, unless otherwise extended by the Legislature. Repair California: We are a broad-based coalition of Californians dedicated to achieving real reforms that are needed to get California functioning again. Citizens' Constitutional Convention Act Section 1. Title This measure shall be named the"Citizens, Constitutional Convention Act." Section 2. Findings and Declaration The People of the State of California find and declare that: 1. The California Constitution should be a document that facilitates a functional government for the State, dedicated to the longstanding proposition that government must be responsive to the needs of its people. 2. State government is in a state of paralysis, caused by systemic problems in the governance structure of the State. 3. The current Constitution was drafted over one hundred years ago, and has been amended more than 500 times to a point where its original intent is no longer recognizable,and its implementation is no longer feasible. 4. The twenty-first century requires a twenty-first century constitution, one that allows for reform of the legislature in order to reduce the influence of special interest groups,provides for needed limits on budgeting and spending, ensures reduced bureaucracy, and restores the balance of power between the state and local governments. 5. There needs to be a constitutional convention to revise the Constitution in order to facilitate a functional government for our State, 6. The Constitution derives its power from the people and the people must be able to call for a convention to revise the Constitution. If the legislature will not act,the people shall. Section 3. Purpose and intent The people enact this measure in order to allow the citizens of California to call for a constitutional convention. The people intend that this measure be effective so that the question of whether to call a constitutional convention may be decided at the same election as the one at which this measure is considered. Section 4. Article 18, Section 2 of the California Constitution is amended to read: Section 2. U The Legislature by rollcall vote entered in the journal,two-thirds of the membership of each house concurring, may submit at a general election the question whether to call a convention to revise the Constitution. If the majority vote yes on that question, within 6 months the Legislature shall provide for the convention. The uestion of whether to calla nvention to revise the C nstitution ma be laced on the ballot for ggy state-wide election bv the same process set forth in Article 2 Section 8 for a s=1-oZ initiative measure so long as no convention has convened within ten ears of such an election. c Whether submitted as set forth in arc a h a or b the uestion of whether to call a convention to revise the Constitution 1 ma rescribe 'udiciall enforceable limits on the areas of the Constitution to be considered for revision and the manner in which the convention is to be provided for if a ma'ori of voters vote es on the uestion Qmav authorize the convention to ro ose both a revision an aeries of seaqLate gmen Imont 3 LQ theon i on and 3 sha11 s e Jfy a fair method for selecting or electing citizens to be delegates to a constitutional convention Section 5. Severability If any of the provisions of this measure or the applicability of any provision of this measure to any person or circumstances shall be found to be unconstitutional or otherwise invalid, such finding shall not affect the remaining provision or applications of this measure to other persons or circumstances, and to that extent the provisions of this measure are deemed to be severable. In particular,the purpose of this Act is to permit the people to call for a convention to propose a revision or series of separate amendments to the Constitution;the severing of any measure found to be invalid shall be accomplished to further such purpose. Section 6.Effective Date and Application This measure, if passed, shall be deemed operative and in effect on the entire day of the election at which it is passed, and shall allow the people to consider the question of whether to call for a constitutional convention at the same election as the one at which the people vote on this measure. Section 7. Conflicting Initiatives Except as set forth below, in the event that this measure and another measure or measures relating to a Constitutional Convention shall appear on the same statewide election ballot,the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the other measure shall be null and void. Notwithstanding the foregoing, another measure or measures that does not amend Article 18, section 2 of the Constitution but presents the question of whether to call a convention to revise the Constitution shall not be deemed to be in conflict with this measure. 2 Citizens'Constitutional Convention Act The Call for a Citizens' Limited Constitutional Convention 1 Section 1. Title This measure shall be named"The Call for a Citizens' Limited Constitutional Convention." Section 2. Purpose and Intent The State of California's governing system is profoundly dysfunctional and has become harmful to the people of this great State. The people of the State of California therefore deem it necessary to call a convention to revise or amend the Constitution of the State. The convention shall consider changes only to the areas of the Constitution set forth in this measure. Section 3. Findings and Declarations The people find and declare as follows: 1. The California Constitution should be a document that facilitates a functional government for the State, dedicated to the longstanding proposition that government must be responsive to the needs of its people. 2. State government is in a state of paralysis, caused by systemic problems in the governance structure of the State. 3. The current Constitution was drafted more than one hundred years ago, and has been amended more than 500 times. When the Constitution was first written, the State's population was only 800,000 residents. Now the State possesses more than 7,000 units of government and more than 38 million residents. 4. The twenty-first century requires an updated Constitution, one that allows for reform of the legislature in order to reduce the influence of special interest groups,provides for rational budgeting and spending, ensures efficient government, and restores the balance of power between the state and local governments. S. The people of California should be involved in any effort to improve the Golden State, including involvement in determining the foundational values and needed improvements in their system of governance. 6. The people of the State therefore call for a limited constitutional convention to revise the Constitution in order to facilitate a functional government for our State. 7. California has become one of the most ethnically and culturally diverse societies that has ever existed in the history of humankind. The constitutional convention shall celebrate that diversity. Delegates will be selected and elected through open transparent procedures designed to result in the representation of California's diverse viewpoints, populations and values, including gender, age,geographic, ethnic, and cultural diversity. Discrimination against any person on the basis of race, ethnicity,religion, color, national origin, age, sex, familial status, sexual orientation, disability status, or veteran status will not be tolerated. 8. The people of the State of California call upon the delegates to the constitutional convention to provide practical solutions to the State's governance challenges that the voters of our great State will embrace and approve. Delegates must weigh complex issues in a fair- minded, and non-partisan manner. Delegates will need to be able to compromise, to work well in groups, and be able to resist influence that might be brought to bear on them by special interest groups. 9. All election-related reforms proposed by the constitutional convention shall comply with both the spirit and letter of the federal Voting Rights Act and the California Voting Rights Act, striving to improve participation and representation opportunities for all Californians. 10. The voters must approve any reforms proposed by the Constitutional Convention before they take effect, and the Convention shall be prohibited from proposing tax increases. Section 4. Section 81017 is added to the Government Code to read as follows: Section 81017. Call for a Constitutional Convention. The people do hereby call for a convention for the purpose of revising or amending the Constitution of the State. A constitutional convention shall be convened and conducted according to the rules and principles set forth in this Title. This Section shall expire on the earlier of December 31,2014, or December 31 of the year in which the election described in Section 83133 takes place. Section 5. Section 83113.5 is added to the Government Code to read as follows: Section 83113.5. Constitutional Convention Commission. The Fair Political Practices Commission(Commission) shall, in addition to its other duties, form a five-member Constitutional Convention Commission(the Convention Commission). The Convention Commission shall be made up of the members of the Commission, or their designees. The Chairman of the Commission,or his designee, shall serve as the chair of the Convention Commission. The members of the Convention Commission shall hold their office regardless of any changes in the membership of the Fair Political Practices Commission, although only a sitting Commissioner shall be entitled to fill a vacancy on the Convention Commission if necessary. The Convention Commission shall be subject to all rules set forth in this Title that apply to the Commission; provided that any regulatory rule-making procedures may be altered as required to meet the deadlines regarding a constitutional convention set forth in this Title. The Convention Commission shall meet periodically as it deems necessary. The Convention Commission's activities, including all expenses related to the provision of a constitutional convention and the selection of delegates, shall be funded, pursuant to Section 83122, as a necessary part of the Commission's purpose. The Convention Commission may appoint counsel, employees,and other consultants necessary to staff the Convention Commission and to enable it to carry out its functions in a timely fashion. In connection with their service on the Convention Commission, Convention Commissioners shall receive salaries equal to that of the Commissioners of the Public Utilities Commission during the period of time starting on The Call for a Citizens'Limited Constitutional Convention 2 November 15,2010 and until the chairman of the Commission determines that the Convention Commission no longer has remaining duties to perform pursuant to this Title. If already employed by the State in another, lower paid capacity, a Convention Commissioner's salary shall be increased in order to equal that amount paid to other Convention Commissioners. This Section shall expire on the earlier of December 31,2014, or December 31 of the year in which the election described in Section 83133 takes place. Section 6. Section 83113.6 is added to the Government Code to read as follows: Section 83113.6. Duties of the Constitutional Convention Commission. The Convention Commission shall do all of the following: (a) Provide for the convention called by the people pursuant to Section 81017,to be convened not later than June 3, 2011. The Convention Commission shall determine the exact date and location of the convention, and shall bear all costs and expenses incurred in the preparation for and conduct of the convention. (b) Make public the delegate selection processes described in Sections 83126, 83127, and 831.28. (c) Be the final arbiter as to whether or not the delegates to the convention meet e th qualifications set forth in Section 83129on Commission may dismiss any . The Convention delegate who does not meet such qualifications. The Convention Commission may also set rules for the conduct of delegates, and may remove any delegate, with the concurrence of the convention, for substantial neglect of duty, gross misconduct, or inability to discharge the duties of a delegate, after written notice and opportunity for a reply. (d) Hire a Clerk of the Constitutional Convention(the Clerk), as well as other consultants, including legal counsel,necessary for the preparation and provision of the convention. The Clerk shall be a non partisan position that shall meet the requirements for a Commissioner set forth in Section 83105. The Clerk shall serve at the pleasure of the Convention Commission; provided, however, that the convention may dismiss the Clerk by two thirds vote of all delegates. (e) Provide training and information for delegates, as well as the two day session set forth in Section 83126. (f) Extend any of the required deadlines set forth in Chapter 3.5,provided there are extraordinary circumstances justifying such an extension. (g) Provide any additional assistance and perform any additional tasks as determined by the convention. This Section shall expire on the earlier of December 31, 2014, or December 31 of the year in which the election described in Section 83133 takes place. The Call for a Citizens'Limited Constitutional Convention 3 Section 7. Section 83113.7 is added to the Government Code to read as follows: Section 83113.7. Clerk of the Convention. The Clerk may act in the name of the Convention Commission between meetings of the Convention Commission and shall have the express authority to do all of the following: (a) Subject to approval, or if necessary,ratification by the Convention Commission, prepare and revise as necessary a budget to fund the convention operations. The budget, and any subsequent revisions, shall be posted on the convention website. (b) Provide a two-day workshop at the beginning of the convention describing the work of the convention,the ethics rules that apply to delegates, and relevant information about the Voting Rights Act as set forth in Section 83131. (c) Prepare and present to the convention, for its adoption or modification, rules and procedures for the conduct of the business and operation of the convention, consistent with Robert's Rules of Order. (d) Serve as temporary chair of the convention until such time as the convention shall select its own chair after completion of the preliminary education phase of the convention described in Section 83131. At such time,the Clerk shall prepare procedures for electing delegates to serve as chair and vice chairs in order to facilitate the orderly conduct of convention business. (e) Establish and maintain the official website of the convention and develop any additional materials it deems necessary in preparation for or during the convention. (1) Oversee the day-to-day administration of the convention, hire staff, including deputy clerks, contract for consultants,including legal counsel, and otherwise enter into contracts as necessary to staff the convention and enable it to carry out its functions. (g) Provide any additional assistance and perform any additional tasks as determined by the Convention Commission or the convention itself. This Section shall expire on the earlier of December 31, 2014, or December 31 of the year in which the election described in Section 83133 takes place. Section 8. Chapter 3.5,commencing with Section 83125,is added to the Government Code to be entitled "Constitutional Convention"and to read as follows; Section 83125. Delegates to the Convention (a) There shall be three types of delegates; (1)Assembly District delegates, (2)County delegates; and(3)Indian Tribe delegates. District. (1) There shall be 240 Assembly District delegates,three from each Assembly The Call for a Citizens'Limited Constitutional Convention 4 (2) There shall be one County delegate for every 175,000 persons residing in each County of the State,based upon the most recent estimates published by the Demographic Research Unit of the California Department of Finance. Fractional portions of 175,000 shall not be counted,provided that there shall be at least one County delegate for each County. For example, if a County has 500,000 residents,there shall be two County delegates,and if a County has less than 175,000 residents, there shall be one County delegate. (3) There shall be four Indian Tribe delegates, serving as,representatives of the federally recognized Indian Tribes in the State. (b) All delegates must meet the qualifications set forth in Section 83129. This Section shall expire on the earlier of December 31, 2014, or December 31 of the year in which the election described in Section 83133 takes place. Section 83126. Delegate Selection,Assembly District Delegates. (a) No later than January 15, 2011,the State Auditor shall select at random the names of 400 people in each Assembly District that are residents of that Assembly District. The State Auditor, in consultation with such experts as she determines necessary, shall select individuals from a combination of databases such as a statewide voter registration list if available,vehicle registration records, California taxpayers list,telephone directories, or such other databases as the State Auditor determines appropriate to maximize participation by all those who meet Section 83129(a)'s qualifications and not exclude under-represented communities from the process. Any person can self-nominate her or himself to be included in the overall pool from which the State Auditor selects names by sending a letter to the State Auditor,to be received no later than January 3, 2011. The State Auditor shall include such a person in the overall pool only if the State Auditor determines that the person would not otherwise be included in databases utilized in the selection process. (b) No later than February 1,2011, the State Auditor shall send a letter of invitation to the people selected pursuant to paragraph(a), along with a fact sheet prepared by the Convention Commission explaining the convention process,the qualification requirements,role and responsibilities of delegates,the expectation of delegates, work schedule, compensation, and any other information the Convention Commission deems important. (c) Any recipient of the letter sent by the State Auditor pursuant to paragraph(b)may be considered for appointment as an Assembly District delegate by responding in writing to the State Auditor's letter, to be received no later than February 15, 2011. The State Auditor shall sort the names of all those who respond based upon the Assembly District in which the person resides. If there are not at least 20 names for each Assembly District,the State Auditor shall send out additional letters of invitation as set forth above. (d) No later than March 1,2011, the State Auditor shall randomly select, from those who responded pursuant to paragraph(c), 50 people in each Assembly District to receive a second invitation to attend a two day session conducted by the Convention Commission,the Clerk, or designee, at a location within the Assembly District to conclude no later than March 21, 2011. In the event that less than 50 people in an Assembly District responded pursuant to The Call for a Citizens'Limited Constitutional Convention 5 paragraph(c), all those who responded pursuant to paragraph(c) shall be invited to attend the two day session. The Convention Commission shall reimburse reasonable travel and other incidental expenses actually incurred in attending the session. The two day session shall be open to the public at all times. (e) At the beginning of the two day session the Convention Commission shall explain the process of the convention,the anticipated work schedule,and the duties and compensation of delegates. Each potential Assembly District delegate interested in serving as delegates shall thereupon certify that they meet the requirements for an Assembly District delegate, and shall sign a pledge stating that they will endeavor to carry out the duties of a delegate to the best of their abilities in a fair and unbiased manner. In keeping with the fundamental purposes underlying this Act, the Convention Commission shall develop a process by which those in attendance shall then elect by secret ballot three people from among themselves to be Assembly District delegates and two people to be alternate Assembly District Delegates. The election process determined by the Convention Commission shall provide time for each potential delegate to speak to those assembled„ and may include multiple rounds of voting in order to elect Assembly District Delegates and alternates. The fust altemate to be elected shall be designated as "Alternate One,"and shall be the first to fill a vacancy. The second alternate to be chosen shall be designated as "Alternate Two,"and shall be the second to fill a vacancy. The results of the election shall be publicly announced at the end of the two day session, and the names of those elected to be Assembly District delegates and alternates shall be posted on the Convention Commission's website no later than March 28, 2011. (f) In the event that at any time the number of alternate Assembly District delegates is insufficient in number,the State Auditor shall provide for additional alternate Assembly District delegates through the process set forth in paragraphs (a)-(c)without the procedures set forth in paragraphs(d)-(e). This Section shall expire on the earlier of December 31,2014, or December 31 of the year in which the election described in Section 83133 takes place. Section 83127. Delegate Selection, County Delegates. (a) There shall be a County Delegate Selection Committee in each County. The County Delegate Selection Committee shall be made up of five people as follows: (1)two members of the County Board of Supervisors, selected by majority vote of the County Board of Supervisors; (2)the mayors who serve as chair and vice chair of the City Selection Committee enabled in each county pursuant to Section 50270; and(3) a person that is selected by the governing boards of the school districts in the County and the county boards of education as set forth in paragraph(b). In the event that there is not a City Selection Committee in a County pursuant to Section 50270, the Board of Supervisors shall select four members of the County Delegate Selection Committee. Members of the County Delegate Selection Committee shall serve without pay,but shall be reimbursed by the Convention Commission for reasonable travel and other incidental expenses. County Staff shall assist the County Delegate Selection Committee as necessary, which reasonable costs shall also be reimbursed by the Convention Commission. The County Delegate Selection Committee in each County shall vote to select one member as its chair. Three members of the County Delegate Selection Committee shall The Call for a Citizens'Limited Constitutional Convention 6 constitute a quorum and a vote of the majority of those present shall be required for any action by the County Delegate Selection Committee. The County Delegate Selection Committee shall be subject to the Public Records Act and the Ralph M. Brown Act. (b) No later than January 15, 2011, the County Superintendent of Schools for each County shall call a meeting to which shall be invited all members of the governing boards of all school districts in the County, and the members of the County's board of education. When a district's boundaries are in multiple counties, governing board members shall attend the meeting of the county of their residence. Such a meeting shall be subject to the Ralph M. Brown Act, except that any prohibition set forth in Section 54954(b) shall not apply to prevent the meeting from taking place at such location as the County Superintendent of Schools determines appropriate. The location of the meeting shall comply with Section 54961. In the event that there is a single school district in the County,the meeting may be agendized as an item on an otherwise scheduled meeting of the governing board. At the meeting,those assembled shall select, by majority vote, a member of governing board of a school district within the County or a member of the county board of education to serve as a member of the County Delegate Selection Committee. (c) Beginning no later than April 1, 2011, and finishing no later than May 13,2011, the County Delegate Selection Committee of each County of the State shall hold public meetings to select,by majority vote, County delegates to the convention. The County Delegate Selection Committee may determine in its discretion the criteria to be used in selecting delegates, provided that it does not discriminate against any person on the basis of race, ethnicity, religion, color, national origin, age, sex, familial status, sexual orientation, disability status, or veteran status. Before considering any person for service as a County delegate,the County Delegate Selection Committee shall first make public the criteria used for the selection of delegates. In selecting delegates,the County Delegate Selection Committee shall only consider, at a public meeting, the application of any person present at such meeting who desires to be considered for service and who meets the qualifications of a County delegate as well as the criteria set by the County Delegate Selection Committee. The County Delegate Selection Committee must publicly post for at least five calendar days the name of any person preliminarily selected at a public meeting to be a County delegate or alternate,and may not finally confirm such a County delegate or alternate until a second public meeting. The County Delegate Selection Committee shall issue findings demonstrating that the delegates selected meet the selection criteria. All County delegates and alternates selected must certify that they meet the requirements for County delegates and must sign a pledge stating that they will endeavor to carry out the duties of a delegate to the best of their abilities in a fair and unbiased manner. (d) In counties in which there are no cities with a population of greater than one million people, the County Delegate Selection Committee shall select all the delegates from that County, In Counties in which there are cities with a population of greater than one million people,the number of delegates selected by the County shall be reduced by the number of delegates to be selected by the City Council as set forth in subparagraph(e). In such Counties, the County Delegate Selection Committee may not select delegates that are residents of a city with a population of greater than one million people. For each delegate it selects,the County Delegate Selection Committee shall also select, at its discretion, between one and fifty people to serve as alternate delegates,but in no case shall it select more alternates than delegates. The The Call for a Citizens'Limited Constitutional Convention 7 County Delegate Selection Committee shall identify the order of the alternates and in the event a selected person is unable to serve as a delegate, or is excused from service, an alternate member shall serve in the order identified. In the event that the pool of alternate delegates is insufficient in number,the County Delegate Selection Committee shall provide for additional alternates at such time as it deems appropriate. In no event shall a failure of the County Delegate Selection Committee to select delegates in accordance with this Section affect the opening or operation of the Convention as set forth in Section 83131. (e) The City Council of each city with a population of greater than one million people shall meet to select,by majority vote, delegates to the convention pursuant to the process set forth in paragraph(f). The number of delegates selected by the City Council shall be in proportion to the total population of the County in which the City lies, and the total number of delegates selected from the County,rounded to the nearest whole number percentage and whole number of delegates. For example, if a County has a population of 10,393,185 and a City within that County has a population of 4,065,585,the delegates from that County shall be selected as follows: (1)The total number of delegates allotted to the County shall be calculated by dividing the total population by 175,000, and rounding to the nearest whole number—in the example given, 10,393,185 divided by 175,000 is 59.38, meaning that the County will send a total of 59 delegates to the convention; (2) The proportionate percentage of the City population shall be calculated by dividing it by the total population of the County and rounded to the nearest whole number percentage--in the example given, 4,065,585 divided by 10,393,135, rounded to the nearest whole number percentage, is 39%,meaning that the City Council will select 39% of the 59 delegates from the County; (3) The applicable number of delegates is calculated,rounded to the nearest whole number in the example given, 39% of 59 delegates, rounded to the nearest whole number is 23. Therefore, in the example given, the City Council will select 23 of the County's 59 delegates, and the County Delegate Selection Committee will select 36 of the County's 59 delegates. (f) Beginning no later than April 1,2011, and finishing no later than May 13, 2011, the City Council shall hold public meetings to select,by majority vote, County delegates to the convention. The City Council may determine in its discretion the criteria to be used in selecting delegates, provided that they do not discriminate against any person on the basis of race, ethnicity,religion, color, national origin, age, sex, familial status, sexual orientation, disability status, or veteran status. Before considering any person for service as a delegate,the City Council shall first make public the criteria used for the selection of delegates. In selecting delegates,the City Council shall only consider, at a public meeting, the application of any person present at such meeting who desires to be considered for service and who meets the qualifications of a County delegate as well as the criteria set by the City Council. The City Council must publicly post for at least five calendar days the name of any person preliminarily selected at a public meeting to be a County delegate or alternate, and may not finally confirm such a delegate or alternate until a second public meeting. The City Council shall issue findings demonstrating that the delegates selected meet the selection criteria. All County delegates and alternates selected must certify that they meet the requirements for County delegates and must sign a pledge stating that they will endeavor to carry out the duties of a delegate to the best of their abilities in a fair and unbiased manner. The Cali for a Citizens'Limited Constitutional Convention 8 (g) For each delegate it selects,the City Council shall also select, at its discretion, between two and fifty people to serve as alternate delegates,but in no case shall it select more alternates than delegates. The City Council shall identify the order of the alternates and in the event a selected person is unable to serve as a delegate, or is excused from service, an alternate member shall serve in the order identified. In the event that the pool of alternate delegates is insufficient in number,the City Council shall provide for additional alternates at such time as it deems appropriate. In no event shall a failure of the City Council to select delegates in accordance with this Section affect the opening or operation of the Convention as set forth in Section 83 13 1. This Section shall expire on the earlier of December 31, 2014, or December 31 of the year in which the election described in Section 83133 takes place. Section 83128. Delegate Selection, Indian Tribe Delegates. No later than April 15, 2011, the federally recognized Indian Tribes in each of the four federal judicial districts in the State shall meet to select one delegate and two alternate delegates that shall represent the federally recognized Indian Tribes. Indian Tribe delegates shall not be chosen on the basis of race, sex, color, ethnicity, or national origin, but rather shall serve as representatives of the federally recognized Indian Tribes in the State. Any delegate chosen to represent the Indian Tribes must meet the qualifications for delegates set forth in Section 83129, and must sign a pledge stating that they will endeavor to carry out the duties of a delegate to the best of their abilities in a fair and unbiased manner. In no event shall a failure of the federally recognized Indian Tribes to select representative Indian Tribe delegates in accordance with this Section affect the opening or operation of the Convention as set forth in Section 83 13 1. This Section shall expire on the earlier of December 31, 2014, or December 31 of the year in which the election described in Section 83133 takes place. Section 83129. Delegate Qualifications (a) All delegates shall be citizens of the United States of the age of 18 years or older and shall be bona fide residents of the State at the time of selection and during the period of their service as delegates. No person may be a delegate if the person has been convicted of a felony. The Convention Commission shall be the sole judge of the qualifications of delegates, and shall disqualify any delegate that does not meet the minimum qualifications set forth herein. (b) In addition to meeting the requirements for delegates set forth in paragraph(a), County delegates must be a bona fide resident of the County or City from which they were selected at the time of selection and during their period of service as delegates. County delegates shall also possess the additional qualifications as set forth below. No County delegate shall The Call for a Citizens'Limited Constitutional Convention (1) have been appointed(or re-appointed)to, or been elected to, a federal, State or local office, agency, or commission in California, including the state central committee or county central committee of a recognized political party, after the year 2005. (2) have served as an officer, employee, or paid consultant of a candidate,political party or of a committee, including a Primarily Formed Committee and General Purpose Committee, which was formed or existed primarily to support or oppose a candidate for elective federal, state, or local office in California after the year 2005. (3) have been a registered State or local lobbyist in California, or received any salary,wages, commissions or earned income from a state or local lobbyist or lobbying firm in California after the year 2005. (4) have served as paid staff to any State Elective Office, State Commission, or State Agency after the year 2005. (c) An employer may not discharge or in any manner discriminate against an employee for taking time off to serve as a delegate if the employee, prior to taking the time off, gives reasonable notice to the employer that he or she has been selected to serve as a delegate. (d) No delegate,during his or her tenure,shall hold any other public office, serve as an officer of any political party or partisan organization, or employ or be employed as a lobbyist nor,during his or her tenure, seek election to any other public office. This Section shall expire on the earlier of December 31, 2014, or December 31 of the year in which the election described in Section 83133 takes place. Section 83130. Scope of the Convention. (a) Any convention called pursuant to Section 81017 is authorized to prepare a revision, or a series of separate amendments,to the Constitution only within the following four areas: (1) Government Effectiveness including a method for periodically reviewing each State agency, department,board and commission to determine whether it is performing its functions to meet the needs of the people of the State and whether it should have its enabling legislation modified,be merged into another new or existing entity, or cease to exist. (2) Elections and Reduction of Snecial Interest Influence including the initiative and referendum process,the election of state office holders, campaign finance,term limits, and ways to increase legislative responsiveness,reduce gridlock and produce full representation of all Californians. (3) Spending and Budgeting, including the budget process and related requirements,the term and balancing of a budget, voting thresholds,mandated spending, and ways to increase fiscal accountability and efficiency. The Cali for a Citizens'Limited Constitutional Convention 10 (4) Governance, including the relationship between the state and local governments, and the structure of the legislative and executive branches of government. (b) The convention may also propose to change any statutory provision directly related to the proposed constitutional revision or amendment. The revision, any amendment, or any related statutory provision proposed by the convention may not include new language, or alter existing language,that(1) directly imposes or reduces any taxes or fees; (2) sets the frequency at which real property is assessed or re-assessed; or(3) defines "change in ownership" as it relates to any tax or fee; provided that minor alterations to existing sections of the Constitution, or statutory provisions, including but not limited to renumbering or reorganization of sections, shall not violate this Section so long as such minor alterations do not alter the amount or fundamental nature of an existing tax or fee. In addition,the revision, any amendment,or any related statutory provision proposed by the convention may not include new language, or alter existing language, directly affecting marriage or abortion rights,gambling or casinos of any type, affirmative action, freedom of the press, freedom of religion, immigration rights, or the death penalty. (c) Any revision or amendment proposed by the convention shall meet the limits set forth in this Section, which limits maybe judicially enforced through extraordinary writ. If any of the provisions proposed for enactment is found to be invalid, such finding shall not affect the validity of any other provision proposed for enactment. This Section shall expire on the earlier of December 31, 2014, or December 31 of the year in which the election described in Section 83133 takes place. Section 83131. The Constitutional Convention. (a) The delegates to the constitutional convention called pursuant to Section 81017 shall assemble in a location and at a time determined by the Convention Commission, provided that the convention shall open no later than June 3, 2011. If all delegates have not yet been selected, pursuant to Sections 83126, 83127, and 83128, the Convention shall nevertheless assemble and commence its work, so long as a majority of the total number of required delegates is present. The Chief Justice of the Supreme Court of California, or his or her designee, shall open the proceedings, call the roll, and administer an oath of office to the convention delegates. (b) A majority of the convention shall constitute a quorum for the transaction of business. Any action of the convention shall require approval by a majority vote of the convention membership. Whenever possible,the delegates shall strive for broad consensus. The convention may establish its own procedures. In the absence of any rule to the contrary,Robert's Rules of Order shall govern. The convention shall have the power to appoint such officers, employees, counsel, and assistants as it may deem necessary, or it may utilize staff of the Legislative Analyst, the Clerk, or Convention Commission. In addition to any other role determined by the convention, at any time while in session the convention may ask the Legislative Analyst or the Attorney General for legal opinions, which shall be expedited at the convention's request. The Cali for a Citizens'Limited Constitutional Convention (c) During the time the convention is in session, Convention delegates shall be compensated in an amount equal to that of the lowest paid members of the legislature (those designated"all other legislators"by the California Citizens' Compensation Commission), and all policies and procedures for reimbursement of expenses that apply to legislators shall apply to convention delegates. Subject to the terms of the preceding sentence,the Convention Commission shall arrange for the compensation for delegates and provide reasonable reimbursement of actual expenses. Neither delegates nor any person employed by the convention or the Convention Commission shall be subject to the provisions of Article VII, Section 1-5, of the Constitution by virtue of such employment. (d) During the first two days of the convention the Clerk shall conduct a training workshop for all delegates describing the work of the convention and including the ethics training and Voting Rights Act information described in Section 83113.7. (e) The convention shall determine the manner in which it conducts its business. However,the Clerk shall present to the convention, for its adoption or modification by majority vote, a proposed schedule for the convention. This schedule should describe different phases of the convention. The proposed schedule shall reserve a period of time at the beginning of the convention for the education of delegates on the areas of the Constitution subject to revision, as well as the presentation of proposals submitted by experts selected by the Clerk, or proposals selected by the Clerk submitted by any interested party. Following the initial education period, the schedule shall require the convention to elect its chair and vice chairs. The proposed schedule shall also include a public hearing component that shall involve at least 20 town meetings held throughout the state. The proposed schedule should reserve time for delegates to meet in their home district or county to further maximize public involvement. (f) The convention shall continue in session and shall not recess until it shall have completed the work of preparing a revision or series of separate amendments and provided the same to the Secretary of State for submission to the voters for approval or rejection. The convention, or at its instruction the Clerk, shall also prepare a final report that shall fully describe the convention's work. Unless an extension of time is authorized by a two-thirds vote of the convention,the convention shall complete its work and adjourn by March 1,2012. In no event shall the convention continue in session after July 1, 2012. Prior to adjournment,the Convention shall establish a committee of delegates to act as author for purpose of drafting and submitting statements to the ballot pamphlet, including any argument or rebuttal statements and accepting all of the rights and responsibilities of the official proponents of a ballot measure. Such a committee may continue to perform the limited duties set forth in this paragraph after adjournment of the Convention. This Section shall expire on the earlier of December 31,2014, or December 31 of the year in which the election described in Section 83133 takes place. Section 83132. Open, Transparent and Accessible Convention. (a) The convention shall be free and open to the public. The Convention shall be subject to the California Public Records Act. In order to ensure transparency and openness, the convention shall adopt rules that ensure the following: The Cali for a Citizens'Limited Constitutional convention 12 (1) That all sessions of the convention, including meetings of any committee or subcommittee, shall be public. (2) That facilities for public attendance are provided,with access for all persons with disabilities. (3) That adequate facilities for the press are provided,to support print, television, radio,and internet media. (4) That any rules adopted by the Convention concerning access to or conduct within sessions shall not restrict public access beyond the degree necessary to ensure safety, security, and the orderly performance of Convention business. (b) The convention shall create an official record. In order to guarantee a full and accurate account of the Convention,the Convention shall adopt rules to ensure the following: (1) That the Convention utilizes available technologies to maximize the public's ability to observe and/or provide input into the Convention's activities. At a minimum, audio and video broadcasts of the Convention's activities shall be made, at least to the same extent as sessions of the legislature are currently broadcast on the California Channel. (2) That an official record of the Convention shall be created and shall include (1) A transcript of all proceedings. (2) Every vote and the identity of the delegate casting the vote. (3) That to the greatest extent possible,the full record of the convention shall be available in formats accessible to persons with disabilities. (4) That any action taken by the Convention, and all proposals adopted shall be posted on the Convention website. (c) The budget and all financial accounts and books of the convention shall be public records. The convention shall prepare monthly statements showing all funds expended. Such monthly records shall be posted on the convention website and shall be sent to the California State Auditor for review. The State Auditor shall comment on the reasonableness of the monthly statements, which comment shall also be posted on the convention website, along with an official response to any comments made by the State Auditor. This Section shall expire on the earlier of December 31, 2014, or December 31 of the year in which the election described in Section 83133 takes place. Section 83133. Submission to the Voters. (a) Within seven days after the adjournment of the convention,the Governor shall, by proclamation, call for a special election to be held throughout the state. The special election shall be consolidated with a statewide election and shall be conducted no later than November 6, The Call for a Citizens'Limited constitutional Convention 13 2012. At the election called by the Governor,the revision or amendments proposed by the convention shall be submitted to the people for adoption or rejection. (b) With regard to the election described in paragraph(a),the Secretary of State shall follow, to the greatest extent practical,the procedures for an election containing an initiative measure submitted by the people set forth in Division 9, Chapter 1 of the Elections Code. Notwithstanding any contrary provisions in the Elections Code or Government Code, at the Secretary of State's discretion,the ballot pamphlet for the election need not include the text of the entire revision or amendments,but shall contain a website location where the full text of the revision or amendments proposed by the convention can be found. In such case,hard copies of the entire revision or amendments shall be available upon request, and shall be provided for public examination at locations throughout the State as determined by the Secretary of State. The ballot pamphlet shall include an official summary prepared by the Attorney General and an impartial analysis of the revision or amendments prepared by the Legislative Analyst in accordance with Elections Code Section 9087. When necessary for scheduling reasons,the Secretary of State may set deadlines for the submission of arguments and rebuttal statements, and the printing and mailing of the ballot pamphlet, that differ from those set forth in the Elections Code. The Legislative Analyst shall be bound by the deadlines set by the Secretary of State. (c) The Secretary of State shall prepare a complete abstract of the whole number of votes cast for and against the constitutional revision, or each separate amendment. If it shall appear from such returns that a majority of the electors voting at such election on the question of the adoption or rejection of the proposed constitutional revision or each amendment shall have voted in favor of its adoption, such revision or amendment shall be incorporated into the Constitution of the State of California, and any statutory provision included shall similarly become law. This Section shall expire on the earlier of December 31, 2014, or December 31 of the year in which the election described in this Section takes place. Section 83134. Ethical Obligations of Delegates (a) From the time they are selected and until the election described in Section 83133, all delegates shall be considered public officials. To the same extent as elected state officers, all delegates shall be subject to this Title's provisions governing Conflicts of Interest,as well as all restrictions on gifts,honoraria,travel payments,and personal loans. All delegates shall be required to complete an ethics training that will set forth all applicable rules and requirements consistent with this Section, such ethics training to be provided by the Clerk as part of the two- day training program described in Section 83113.7. (b) While the convention is in session, delegates shall keep track of all communications, including but not limited to meetings,telephone calls, letters and e-mails, with any and all persons concerning any procedural or substantive aspect of the convention, along with the name and organizational affiliation(if any) of the person and a brief description of the subject matter of the communication. Delegates shall provide this information to the Clerk at the The Call for a Citizens'Limited Constitutional Convention 14 beginning of every week, covering communications during the prior week, who shall immediately post this information on the convention website. (c) In addition to all reporting requirements contained in this Title, lobbyists and lobbying firms must file with the Convention Commission weekly reports of all contacts with delegates while the convention is in session. Such reports shall be posted on the convention website. This Section shall expire on the earlier of December 31, 2014, or December 31 of the year in which the election described in Section 83133 takes place. Section 9. Section 85803 is added to the Government Code to read as follows: 85803. Funding the Constitutional Convention (a) In addition to the appropriation described in Section 85802,the sum of$1.75 per California resident is hereby transferred from the General Fund to the Constitutional Convention Fund, which is hereby created in the State Treasury to be appropriated to the Commission without regard to fiscal year for the payment of expenses incurred by the Constitutional Commission in the provision of the constitutional convention called pursuant to Section 81017. Provided, however,that so long as the total appropriation to the Constitutional Convention Fund pursuant to this Section does not exceed$95,000,000,the amount set forth in the previous sentence may be reduced, or increased, by a sum determined by the Department of Finance,to enable the Commission to pay all expenses incurred in providing for the constitutional convention called pursuant to Section 81017. In addition,the Department of Finance shall make any necessary adjustments to the appropriation for the expenses incurred in the provision of the constitutional convention based on changes to the Consumer Price Index at the beginning of each calendar year in which the convention is in session. Any funds remaining in the Constitutional Convention Fund as of the date of the election called pursuant to Section 83133 shall be returned to the General Fund. (b) If any action by the Convention Commission or constitutional convention is successfully challenged in a court of law, any attorney's fees and costs awarded by a court to a prevailing parry shall be paid from the General Fund and no part of the Convention Commission's, constitutional convention's, or Fair Political Practices Commission's budgets shall be reduced accordingly. This Section shall expire on the earlier of December 31,2014, or December 31 of the year in which the election described in Section 83133 takes place. Section 10. Severability If any of the provisions of this measure or the applicability of any of the provisions of this measure to any person or circumstances shall be found to be invalid, such finding shall not affect the remaining provision or applications of this measure to other persons or circumstances, and to that extent the provisions of this measure are deemed to be severable. In particular, so long as severing a provision found to be invalid does not result in a reduction of more than 25%in the number of delegates,the remaining portions of this measure shall be held to be in effect in order The Call for a Citizens'United Constitutional Convention 15 that this Act may accomplish its purposes. Any judicial determination as to the validity of the scope of the convention set forth in Section 83130 shall similarly not prevent the convention from meeting as set forth in this Act. Section 11. Amendment This Act shall be broadly construed to accomplish its purposes. The statutory provisions of this Act may only be amended by a bill that complies with Government Code Section 81012. Section 12. Conflicting Measures Except as set forth below, in the event that this measure and another measure or measures that (1) calls for a Constitutional Convention, (2)describes the processes or rules by which delegates to such a convention are to be elected or selected, or(3)describes or limits the specific areas of the Constitution to be considered by such a convention, shall appear on the same statewide election ballot,the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the other measure shall be null and void. Notwithstanding the foregoing, another measure or measures that amends Article 18 Section 2 of the constitution without(1)calling for a Constitutional Convention,(2)describing the specific processes or rules by which delegates to such a convention are to be elected or selected, or(3)describing or limiting the specific areas of the constitution to be considered by such a convention shall not be deemed to be in conflict with this measure. The Call for a Citizens'Limited Constitutional Convention 16 a o � o � Y r Q) C E mQ CJ •rpmp V) own y : ti ���yy +vyaryy DJ �O 12 'Q GJ F5 0 t m • z"s, g A ~ � Qo s eL a OJ ,o p A � o = tip • o O 0. Q� U O O • V a O Icc i n72 E $cc O C� m a a ami in c`� fO c i u o F- of C-I c •p p q0 � v � a ! �U a = �t; du 2 z c a CD •L N 73. 'c � � a.+ 7 Ln CD p E � � E " � o Thursday, August. 6, 200 EDITORIAL state shouldust j J - r : start from, sc atch Our over wit anew state constitution sounds like a good idea, and the wheels are in motion to do so. The easiest solution to fixing the state's pout= ical and fiscal problems is the most diffi cult". That contradictory statement should be no sur prise .to anyone who has watched California become swallowed in a sinkhole.We've had recau{ ' elections and countless "reforms" meant to. fix''; what ails us. Nothing has worked. The problems;_. keep getting worse. Therefore, it's little shock that the best solutio won't be the easiest. Nothing's easy in California"` But there's still a little ray of hope that starting from scratch is a possibility.The idea of rewriting';` the state constitution has been floating around forr: years but got.serious in 2008 when stagnation ii;, the Legislature made a bad budget problem worse;;: In early December, a Republican in the Assem' bly and a Democrat in the Senate introduced reso: -j lutions calling for a state constitutional conven-': tion. The proposals went nowhere,of course."Leg;;-: islators aren't about to vote for something that usurps their power and gives normal citizens a voice. The group behind the original idea is continu ing to pursue .it with a referendum that starts the,:<; ball rolling. The group is called Repair California, headed by the Bay Area Council, an associAtion of Bay.Area businesses. Repair California has until Sept. 25 to submit; two initiatives to the Secretary of State's Office:,; Once the initiatives are approved, the group lids" five months to gather nearly,800,000 signatures of:-=!. registered voters in the state. Since only the Leg islature can call a constitutional convention,,I.. rt first initiative would give the people the right.W'; actually do it. s`>; Repair California is traveling the state in an attempt,to drum up interest and support. At; .a panel discussion this week in Ventura County, group said the initiatives could appear on the;:?` November 2010 ballot and a convention could be' called in 201 L The convention delegates would- then craft constitutional changes that would go'to`' the voters in 2012 for approval. Organizers say a lawsuit is likely — or several;;: lawsuits that would derail the timetable. "At every step we're going .to get sued and::' we're going to be opposed by some powerful;';'':. interests,"the group's CEO,aim Wunderman, was. quoted as saying in Monday's Ventura County,' Star. "But we're not doing this willy-nilly. ... Wd. know what it takes, and we can make it heppen '_ A new method of redistricting, approved voters, after the 2010 census will no doubt easi& the state's political gridlock a bit. Still, massive,- structural reforms are needed in how California: operates its Legislature, schools,prisons, agencies and commissions, elections and initiatives, spend,;;`. ing mandates, revenue distribution between state; and local governments ... the list goes on and on' The Legislature can't even pass a budget on time. It certainly .won't tackle the significant' changes needed to right the ship. We trust the people more than we trust our. elected leaders, who seem to`have forgotten that,''. regular citizens are the most important "special; interest.'.' The people aren't being heard. A consii tutional convention, as.problematic as it is, is a last resort. Welcome"to the last.resort. Editorial Board Gregg McConnell, David Little, Steve Schoonover, Laura Urseny Editorial policy Editorials are the collective opinion of the editorial';. board. Columns and letters on the opinions page;,', are the opinion of the writer and not necessarily thaf of the newspaper. Letters policy We encourage letters to the editor.They must 250 words or fewer, signed, typed and should=r include an address and home telephone number f6"t"" verification. Letters may be edited for length, taste, libel and clarity.We reserve the right to,edit or reJeety l any letters. No anonymous letters will be.printed Send to: Letters, P.O. Box 9, Chico, CA 95927; mail letters to letters@chicoer.com, or fax:to 3.4. 369 7.. GUESTADOAMEENr ::i �. .. 11trangor, tan f action r1 � r Y �v- 1Ou mag hav&sees 2032,the mov,te��s asof fess,offal trauua[r�;and sencirng to the antasy,quite-entertaining,"�witli ter 3ffc.s ._uaempiayiue�at ern y of those�vho special effects,.'kooky geo-astrophysics, manage to#-WjNNUieir�coHege education " and"scary,wacky-apocalyptic prophecies with cansid Q Vft lifter last year's What has long been the secret desire o€': budget debacle;tbiztre looks even some not so funny,out=of state jokers gruairtier 10 V f-- a11 happens Qur beloved state breaks Now is th�'fnieenall;Califarziians of; z � apO and€ails uP,P the ocean good will anti C MW sense—the vast While scientifically fictional�th�sce` ,�, ;larrty,�of�aur ��r-to come nano of our sling into the abyss is a Together andu e e orm the instru clear and Present danger;if 2012us read dents by V Wgoveined as a metaphor of our economic,fiscal and tilde nee to u n our midst,and By educattonal situatton And at the current s d to Sacr ento `s eak on our Eugeniok� � �P Frangia rate of entropy,zve iriay geGdiere before �7behf,sten o e common good 20123 y Ywhir Mxest o - oiues,who 4vill Dr Frung,a is an Having aladrea d a guiding vision and deal with geon �cela sources of rev emeritu§processor in Cleviated"fronT the CDIniI1�I1 ggOar our entre-we ale t ex th largest economy` fore,gniangnageand state has bei gzrie gzadually dys#unctional on.th glar�et ='# ehhanded man literature at&h,cu Arid u gaver�abXe mats present'structura nerges�tore ` a . o an principle of State Ilwwrsity con figuradon�.IcjeolggxcaLpola zatxon ux deniE c arie go V budget matte7rs,. Sacramento,zirationality in budget priori tackXfhe,tas o tang an obsolete ties, and;graduai;disempowermetit of a state eaAn, free`the hands of once of f icaent Legrslature through a serXes�oufg�epresen te' ogappfy the necessary of selfservirig`b'&",,,dG anc �ineans to thedesii pends iuyOpicpropastt ins have brought us o y m fife off dent natio al and state, the edge`of the abyss seas the Cam hf Dream is wtthiri =i Gravest of alI we are placing unbear °3�oiir g,as tiT1i� 12 might fie.that of able burdens on the younger generation, rebn7hixansfi atian for the Golden �a w �T acid Jeopardizinggtheir future productivity, State,rather than�ear`of its of htera bYshumng themxout in°huge numberstift-L 's�se is of the fcoizi access to higher education'and pro essencee' �❑ z: