What's Up with the Bar?

E-MAIL POST

The other day I got the following question from reader Jan Thomas:

What is the status of the State Bar investigation of Mike Aguirre?

Good question, I thought. You'll remember that San Diego's political world went nuts for a few days chewing over this news last year that the State Bar had interviewed at least five people locally as part of a probe into City Attorney Mike Aguirre.

But that was nearly one year ago. So what's the deal?

I called the State Bar and talked to Diane Curtis, its spokeswoman. She said Bar investigations are confidential and only become public record if it files what's called a "Notice of Disciplinary Charges" against an attorney.

She added this via e-mail too:

By statute, State Bar investigations of attorney misconduct are confidential. ... The Chief Trial Counsel has the authority to waive confidentiality only when the need for public protection outweighs the necessity for preserving confidentiality of an investigation. (Rule 2302(d)(1) of the Rules of Procedure of the State Bar).

That means charges haven't been filed. But, it doesn't tell us whether there actually still is an ongoing investigation or whether it was shut down and didn't find violations. And, the Bar can only let the public know if it has closed an investigation without charges through a special waiver. (The State Bar didn't announce its investigation into Aguirre originally, the Union-Tribune put together its report based on five people who said they'd been interviewed.)

I also talked to Aguirre, people in his office and one of his leading critics, John Kaheny. The consensus: No one has heard anything from the Bar in months.

"I've never heard one way or another," Aguirre said. "No idea."

For what it's worth: My former colleague Evan McLaughlin last year put together this interesting story showing that the State Bar often probes elected attorneys but rarely charges them.

Send me an e-mail at andrew.donohue@voiceofsandiego.org if you know anything about it or have any local campaign questions as Election Day nears.

-- ANDREW DONOHUE

Tuesday, October 7 -- 2:01 pm

Aguirre's Cash

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Incumbent City Attorney Mike Aguirre raised almost $40,000 in the last three months and did not pump any of his own money into his bruising election battle with challenger Jan Goldsmith, according to campaign filings.

In previous years, Aguirre has sunk more than $500,000 into election campaigns, but, with less than a month to go to the election, he appears reluctant -- or unable -- to dig into his own pockets to fund his campaign.

Earlier this year, Executive Assistant City Attorney Don McGrath, one of Aguirre's closest confidants, said he wasn't sure Aguirre had enough money saved up to wage the sort of high-profile race he's run in the past.

"I don't think he's got any money," McGrath said. "If he does, he's choosing not to use it."

I called up Aguirre and asked him if he's broke.

"I did put some money in," Aguirre said. "I'm a gradualist, I don't want to do things precipitously."

Gradualist or not, with one month left, it's interesting to see the city attorney holding back on his spending. By my calculations, Aguirre has either lent or given his campaign $31,500 since the beginning of the year.

Aguirre is the only one of the two city attorney candidates running television advertising, however. Goldsmith's spending reports haven't been posted yet. You can view Aguirre's filing here.

-- WILL CARLESS

Monday, October 6 -- 1:31 pm

No Money for School Bond Opponents

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The campaign for Proposition S, a $2.1 billion facilities bond to help repair and replace buildings in San Diego Unified school district, has far outstripped the opposition in campaign contributions made between July and September.

That's not hard to do: Opponents of the school bond say they haven't raised a cent.

"My only effort was to put up a website with the ability to donate through a PayPal account," said Pat Flannery, a real estate broker who is leading the opposition group, Taxpayers for Sharing Redevelopment Funds with Schools. "Nobody has done so, so therefore I assume they're perfectly willing to pay the $2.1 billion."

Bond proponents raised $281,943 in the past three months and spent roughly $200,000, and have an outstanding debt of about $117,000. The top donors to the campaign, called Education for Children, include Qualcomm founder Irwin Jacobs, who gave $50,000, and construction consulting firm Gafcon Inc., which gave $49,500. Fundraising began slowly earlier this year and picked up after the school board officially approved putting the bond on the November ballot.

And they're not finished: The campaign is charging $250 per ticket for a cocktail reception and fundraiser next week.

-- EMILY ALPERT

Monday, October 6 -- 12:52 pm

You're Fired. Or Are You?

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School board member Mitz Lee complained today that her opponent, John Lee Evans, is misleading the public with his candidate's statement, which claims that the school board fired 900 teachers, at a forum sponsored by the Catfish Club. Teacher firings have become a dominant issue in the race between Evans and Lee, widely considered the most competitive race for the school board this year.

The question is more complicated than it might seem. To balance its budget, the San Diego Unified board voted to notify 900 teachers of potential layoffs in March.

That number fell in May when Superintendent Terry Grier asked to rescind notices for counselors, high school English teachers and other employees, and again the same month after Gov. Arnold Schwarzenegger announced a revised budget that gave the school district more money. Roughly 200 teachers were ultimately cut in June, but more than 100 were rehired on temporary contracts earlier this school year.

Evans' statement reads, "The Board fired 900 teachers while preserving administrators' jobs." Lee said she has formally complained to the county registrar about the statement.

"We should set a good example to kids to be honest and forthright," Lee said. "You could have said the board noticed 900 teachers. Why would you choose to lie to the voters?"

Evans said the notices were firings, and rescinding them only shows that they were real actions -- not just warnings. He does not plan to change the wording and maintains that it is accurate.

"You can't rescind something that never happened," he said. "If it's just a mild warning letter you don't rescind it. ... Teachers I talked to did not take it as a mild notification."

-- EMILY ALPERT

Friday, October 3 -- 3:06 pm

Employee Group Not Backing School Bond

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While the teachers union supported Proposition S, a $2.1 billion facilities bond to repair schools in San Diego Unified, unions that represent other school employees such as custodians, bus drivers and secretaries have not thrown their support to the bond, citing their displeasure with layoffs during the budget crisis.

"It is very disheartening that the District would look upon the labor groups in support of a multi billion dollar bond, but would show us a lack of respect by laying off close to 1200 classified employees without thinking twice," Frances Fierro, president of a union representing office and technical workers, wrote to me in an e-mail.

Fierro wrote that her group wouldn't back the bond unless the school board decided to rehire hundreds of employees who were laid off this summer, and are instead devoting its energy to "electing a pro labor, pro worker school board." The group has endorsed Richard Barrera, incumbent Shelia Jackson, and John Lee Evans, who aims to unseat incumbent Mitz Lee.

Proposition S has won support from a number of other groups and individuals, including Mayor Jerry Sanders, State Superintendent of Public Instruction Jack O'Connell, and the San Diego-Imperial Counties Labor Council.

-- EMILY ALPERT

Wednesday, October 1 -- 10:59 am

Undecided? Click Here

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Ladies and gentlemen: I'm happy to tell you that we have a new place for you to find all of our election coverage.

If I was you, I'd e-mail a friend and tell them all about it. There's enough information here to satiate their political yearnings for weeks on end.

And if, for some reason, you want to complain about this page, tell us how it could be better, or tell us how awesome it is, e-mail me at sam.hodgson@voiceofsandiego.org.

Enjoy.

-- SAM HODGSON

Tuesday, September 30 -- 12:41 pm

Sanders' Role in Prop. 8

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San Diego CityBeat has this interesting update on the role Mayor Jerry Sanders' daughter, Lisa, is having in the campaign against Proposition 8 in the wake of his well-publicized stance on same-sex marriage.

-- ANDREW DONOHUE

Friday, September 26 -- 11:59 am

Teachers Union Backs School Bond

E-MAIL POST

After lengthy debate, the teachers union at San Diego Unified has voted to support Proposition S, the $2.1 billion facilities bond on the November ballot.

It might seem guaranteed that teachers would support a measure to refurbish schools, but the teachers union had pulled away from planning the bond earlier this year amid the rancor caused by teacher layoffs and budget cuts.

Union president Camille Zombro sent a letter to the school board today explaining the union's decision:

The decision followed a great deal of debate, with significant concerns being expressed by our members across the District. Members are concerned that the School Board and Superintendent have not demonstrated the ability to provide the fiscal and operational oversight to ensure that this money is spent responsibly. SDEA leaders have received reports that construction under Prop. MM was conducted in a way that put our students and employees in danger, disrupted instruction, and created incredible amounts of extra work.

Zombro credited bond advocate Tom Lemmon of the local Building Trades Council for helping "to assure us that mistakes of the past would not be repeated."

-- EMILY ALPERT

Thursday, September 25 -- 2:36 pm

Change You Can Get Reelected On

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School board member Shelia Jackson must not be that worried about her school board seat: She spent a good chunk of time at a candidates forum Wednesday night hinting that change was needed on the board -- a veiled plug for John Lee Evans, the psychologist who is running against fellow board member Mitz Lee.

Like Jackson, Evans is a Democrat, opposed laying off teachers earlier this year during budget cuts, and objects to a policy that bars board members from publicly criticizing the superintendent or his staff.

"In November you change the school board," Jackson said, "and in 2010 you change the board. We can do it."

Assuming that Jackson isn't trying to oust herself, that sounds like a call to unseat Lee. Jackson is one of three school board members who are up for re-election, running against computer teacher Xeng Yang. Lee is running against Evans, and Acle was disqualified from the race, guaranteeing his seat to challenger Richard Barrera.

Evans picked up that theme, calling his race "the one that will make the difference." Yang won 24 percent of the vote in the June primary compared to the 54 percent won by Jackson; Evans' remarks implied that Yang would not be a contender.

"You can have Shelia and Richard up there raising hell" by themselves, he said, "or you can have three of us" with a dominant vote on the board.

-- EMILY ALPERT

Thursday, September 25 -- 2:04 pm

Gloria Gets Double-A Endorsement

E-MAIL POST

District 3 City Councilwoman Toni Atkins has chosen the candidate she wants as her replacement: Todd Gloria.

The sitting councilwoman, who must relinquish her seat after eight years because of term limits, said in a statement released late Wednesday by the Gloria campaign that he is the "is the best choice to continue the community improvements I have worked on: safer streets, better community services and a City Council that listens to and cares about the people who elect us."

Gloria, an aide to U.S. Rep. Susan Davis, is battling fellow Democrat Stephen Whitburn for the District 3 seat.

Former state Sen. Dede Alpert's endorsement was also announced in Gloria's statement.

From the statement:

"In the many years that I've known Todd as a staffer and community member, I have been impressed by his hard work," said Alpert.  "I think at this critical time in the City, we need leaders who are thoughtful, reliable, and can bring people together to help move the City forward.  I know Todd can do that."

-- ANDREW DONOHUE

Wednesday, September 24 -- 10:58 pm

The Debate Debate

E-MAIL POST

City attorney candidate Jan Goldsmith has cancelled on at least three recent debates or candidate's forums citing scheduling conflicts. The cancellations have led incumbent City Attorney Mike Aguirre to claim that Goldsmith is shying away from public confrontations with him.

The city attorney challenger canceled on a debate scheduled for last night at the Coalition of Neighborhood Councils. Dwayne Crenshaw, executive director of the group said Goldsmith's campaign called about a week ago to cancel.

"They said he had double-booked his schedule and apologized," Crenshaw said.

Goldsmith also recently canceled on a debate that was to be hosted in early October by the local chapter of Common Cause, a national political advocacy organization. Jeanne Brown, San Diego organizer for Common Cause, said the debate was agreed to by Goldsmith's campaign in July, but a month or so later the campaign called to say Goldsmith couldn't make it.

"The woman who called was very abrupt and just said she had a conflict," Brown said.

And Goldsmith and Aguirre both cancelled on a candidate's forum that was to be held this week at San Diego State University, said Daniel Osztreicher, vice president of external affairs in the SDSU student government.

Goldsmith said any notion that he is trying to avoid Aguirre is nonsense. He said he has debated Aguirre in public between 25 and 30 times during the course of his campaign, and that he plans to debate him at least four more times before the general election in November.

And Goldsmith pointed out that Aguirre failed to show up for several debates in the run up to the primary election and said his opponent has shown up almost an hour late for at least two recent debates.

"I remember when he showed up to a debate in Rancho Penasquitos, looked at the audience, and just left," Goldsmith said.

At last night's meeting of the Coalition of Neighborhood Councils, Aguirre, who did show up, took the opportunity to deliver a triumphant speech to the crowd of local activists. He was met with applause and much laughter.

After he had delivered his speech -- which focused a lot more on national politics than it did the mechanics of being the city's lawyer -- Dede McClure, a member of the audience, grabbed the microphone and made a proclamation.

"This is the third city attorney event I've been to, and they've all been south of the 8. Jay Goldsmith has never set his feet south of 8," she said, getting Goldsmith's name wrong.

Goldsmith named several debates he has attended south of Interstate 8, including a recent debate in front of the San Diego Democratic Club, which recently endorsed Aguirre.

He said the cancellations were simply scheduling conflicts, and told me to speak with his scheduler, Janette Littler.

Littler told me that reaching out to voters is the Goldsmith campaign's No. 1 priority. I asked her why, if that's the case, Goldsmith canceled yesterday's debate to attend what he described as a fundraiser. She said Goldsmith was connecting with voters last night -- just a different group of voters.

Littler said she took over scheduling at the Goldsmith camp in September. She said she inherited a calendar that had been organized by volunteers, that was often double- or triple-booked, and that she's been trying to straighten it out ever since.

"We're very sorry, from the bottom of our hearts, but to say we weren't touching one group of voters in favor of another is unfair," Littler said.

Goldsmith and Aguirre will debate each other on October 2 at 7 p.m. at the Clairemont Town Council debate in the Clairemont High School cafeteria, 4150 Ute Drive.

Maybe they'll debate the debate debate.

Update: The original version of this post contained an incorrect address for the Clairemont Town Council meeting based on information provided by the Aguirre campaign.

-- WILL CARLESS

Wednesday, September 24 -- 11:51 am

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Aguirre's TV Ads Start Tomorrow

E-MAIL POST

City Attorney Mike Aguirre just called to say his television advertisements will start tomorrow.

We don't have the ad up yet on the site but it features Aguirre sitting at a table with his tie down a notch, sleeves rolled up and pencil in his hand.

Here's the transcript:

Sure I could've done some things differently. Probably should have. But as city attorney my job is to protect the city and the taxpayers, not sell them out. I could've had the support of the power brokers if I'd have gone along with their financial scheme. That's why the city's pension system is $1 billion in the whole. That's why we don't have the money to repair our roads, keep our libraries open. I'm not going to sell the people out. As long as I am city attorney, I am going to represent the people of the city.

Challenger Jan Goldsmith isn't yet on television.

-- WILL CARLESS and ANDREW DONOHUE

Friday, September 19 -- 7:07 pm

Missing Context with Kern Quote

E-MAIL POST

A couple loyal readers took me to task today for quoting John Kern in my story on the race for the District 3 seat on San Diego City Council. Kern contributed $270 -- the maximum allowable for an individual -- to Todd Gloria's campaign. However, apart from his contribution, Kern is not involved in Gloria's campaign.

Here is the section of the story that includes the Kern quote:

The differences in style that set Gloria and Whitburn apart belie a general sense among watchers of local politics that the winner in District 3 will not change City Council's big picture. Either way the seat will be occupied by a young, progressive, Democrat. Give Gloria and Whitburn 10 issues, the consensus says, and they would probably cast the same vote on nine of them.

"I'm sure that if I looked hard I could find some ideological differences, but there won't be many," said John Kern, former chief of staff for Mayor Dick Murphy who is now a political consultant.

Ideologically, the races that will determine the new balance of power on City Council are in Districts 1 and 7, where traditional Republicans Phil Thalheimer and April Boling are squaring off against traditional Democrats Sherri Lightner and Marti Emerald.

But temperament and style matter too. Consider Frye, whom Whitburn cites as his mentor on council. She has on more than one occasion rubbed her fellow Democrats the wrong way. And she has already formed an alliance with Republican Councilman-elect Carl DeMaio, an alliance that could include Whitburn come December.

And Gloria's belief in making change happen within the system could lead him to common ground with Boling who is also campaigning on the theme of reform from within

.

Kern's quote, in my view, does not lend support to Gloria. It merely articulates a prevailing opinion among those watching the race. That being said, I should have noted Kern's contribution.

-- DAVID WASHBURN

Friday, September 19 -- 12:29 pm

Goldsmith: SEDC Needed a Court Receiver

E-MAIL POST

City attorney candidate Jan Goldsmith today waded into the ongoing scandal at the Southeastern Economic Development Corp., saying his opponent, incumbent Mike Aguirre, "failed miserably" in protecting the city of San Diego's interests.

He said the city attorney should never have sued SEDC President Carolyn Y. Smith to recover $260,000 in hidden bonuses, a suit Aguirre has since dropped.

Goldsmith said in a statement:

That lawsuit was irrational.  Mr. Aguirre had the City of San Diego suing Ms. Smith for breach of her contract with SEDC, which is a separate corporation.  Since the City was not a party to that contract, a first-year law student could see that Mr. Aguirre’s action would be a waste of time, effort and money.

Goldsmith said stronger action was needed to assert legal control quickly, saying that the city should've asked the courts to appoint a receiver to temporarily control SEDC's finances as the agency was reorganized and taxpayer money accounted for.

From the statement:

That would have prevented last-minute deals, release of claims and a $100,000 severance bonus. The City Attorney should have advised the City Council and Mayor of this option at a very early stage and made arrangements, with their approval, to protect the City’s interests.

Goldsmith released the statement today, about two and a half months since we uncovered SEDC's hidden system of bonuses and extra compensation. To the best of my knowledge, he issued no public recommendations as the scandal has rapidly unfolded in that time frame and Smith has been fired, given her severance package and some legal protection by the SEDC board.

The challenger also criticized Aguirre's behavior at an SEDC meeting this week.

From the statement:

Mr. Aguirre’s recent verbal outburst at an SEDC Executive Committee meeting underscores the fact that Mr. Aguirre is not even pretending to be a lawyer. ... His behavior is erratic, and his constant empty threats are ineffective.  He failed to protect the City.

Update: I accidentally wrote "Goldstone" once instead of "Goldsmith," confusing the city's CFO with the city attorney candidate. I apologize.

-- ANDREW DONOHUE

Friday, September 19 -- 12:27 pm

Returning Graham's Money

E-MAIL POST

I just talked to City Council candidate Todd Gloria. He said his campaign returned former Centre City Development Corp. President Nancy Graham's $150 donation after the story about her potential conflict-of-interest broke.

The money went back to Graham on Aug. 25, Gloria said.

-- ROB DAVIS

Friday, September 12 -- 2:09 pm