DMV meltdown latest IT issue in the state

Good morning! One of the first thoughts we had this morning as we sat down to type this: We can’t believe it’s November already.

But November it is, which means the election will soon be behind us. You know what probably won’t be behind us? The state government’s IT issues, which are even more remarkable considering this is the home to Silicon Valley, and is widely considered the global leader in innovative technology.

On Friday, the California Department of Motor Vehicles reported things were close to normal after a chaotic week of mass computer failures, with just three DMV offices still offline. At one point early last week, more than 120 of the the DMV’s 188 offices statewide were unable to handle such basic tasks as processing requests for new licenses or vehicle registrations.

Both the DMV’s main computer and its primary backup computer suffered what officials called “meltdowns.” In post mortems on the problem, experts outside state government expressed disbelief that both the main and backup computer were directly connected and housed in the same room, making both susceptible to the same risks from overheating, hacking and other problems.

CalWatchdog has more. 

In other news:

• “The California National Guard can’t locate more than 4,000 of the 9,700 soldiers caught up in the military enlistment bonus scandal that has rocked one of the nation’s largest Guard organizations, according to its commander.” The Los Angeles Times has more.

• “Meet the unopposed Assembly candidate who says climate change is a good thing that hurts ‘enemies on the equator,'” writes the Los Angeles Times.

• “The western United States set records for low winter snowpack levels in 2015, and a new report blames high temperatures rather than low precipitation levels, according to a new study.” The San Jose Mercury News has more.

• “Former Los Angeles Mayor Antonio Villaraigosa plans to turn to a San Francisco-based consultant and former confidant of rival Gavin Newsom to help guide his 2018 gubernatorial campaign, as he seeks to make inroads outside of Southern California,” reports Politico. 

Legislature:

• Gone till December. 

Gov. Brown:

• No public events announced.  

Tips: matt@calwatchdog.com

Follow us: @calwatchdog @mflemingterp

New follower: @totalcapitol

Senate leader’s Prop. 63 endorsement is conditional

Good morning. TGIF. Lots of good stuff this morning, so let’s dig in. 

When Senate President Pro Tempore Kevin de Leon endorsed Proposition 63 last week, he didn’t mention the endorsement was conditional.

This summer, the Los Angeles Democrat ushered through the Legislature a measure that substantially amends in advance the ballot measure’s ammo regulation provisions — a move a Prop. 63 spokesman at the time called “sickeningly cynical.”  

For about a year now, de Leon has been in a political feud with Lt. Gov. Gavin Newsom, Prop. 63’s primary proponent. The two fought over who had better ideas for gun and ammo control and what lawmaking avenue was more appropriate: the Legislature or the Ballot Box. And at least for now, de Leon won. 

None of this was mentioned in the endorsement. 

“Earlier this year, our Legislature passed the most sweeping and important package of gun safety laws in the nation, increasing nationwide momentum and grass-roots outcries for common-sense safeguards against gun violence,” de Leon wrote in a statement. “I endorse Proposition 63 because we must send a powerful and united message to the national Gun Lobby that California will not capitulate to political bullying or compromise the public safety.”

CalWatchdog has more. 

In other news:

• “After a year of stalled negotiations on a multi-billion dollar transportation plan, Democratic legislative leaders are privately discussing reconvening the state Legislature after the Nov. 8 election to take up road funding in a special session, legislative sources said.” Politico has more. 

• “Jerry Brown touted his pension reforms as a game changer. But they’ve done little to rein in the costs,” writes the Los Angeles Times/Calmatters. 

• “Reeling from outrage over a costly bureaucratic misstep, the Pentagon has halted its efforts to force California National Guardsmen to personally repay salary bonuses that should not have been approved in the first place,” writes CalWatchdog.

• “California’s path-breaking bid to end workplace pay disparities faces one of its widest gender wage gaps among the state’s own employees. A new report from the California Department of Human Resources shows that women in the state workforce earn about 79.5 cents on the dollar compared to men.” The Sacramento Bee has more.  

Legislature: 

• Gone till December (or maybe November…)

Gov. Brown:

• No public events announced. 

Tips: matt@calwatchdog.com

Follow us: @calwatchdog @mflemingterp

New followers: @SDLockhart

Death penalty measures revive old fight

Good morning! While the 17-measure ballot might seem overwhelming to many voters, the good news is that it is not as long as it seems. Voters will choose between two competing death-penalty initiatives. 

In Proposition 62, voters are being asked whether to repeal the death penalty for those found guilty of murder and replace it with life in prison without the possibility of parole. In Proposition 66, voters are asked whether to streamline the appeals process to make it easier for the state to execute convicted murderers. 

Ironically, Prop. 62 would put an end to executions that rarely happen anyway. The last execution in California took place a decade ago – all executions have been delayed because of legal challenges to the use of lethal injections.

Those realities actually bolster the case made by the supporters of both initiatives. Backers of Prop. 62 argue that the state’s death penalty is a failed system because so few people are actually executed.

CalWatchdog has more. 

In other news:

• “(Andrew) Naylor, a systems administrator with a business degree, had bought up thousands of web addresses, many wine-related, and sold one for a five-figure sum. After watching the Prop. 8 blitz, he started buying addresses with combinations of yes and no on propositions 1 to 100. And that’s how Naylor became a virtual landlord of more than 1,000 campaign domain names — and a dominant player in California’s marketplace for political web addresses.” The San Jose Mercury News/Calmatters has more.

• “California’s two senators and House members from both parties are trying to block the Pentagon from recovering tens of millions of dollars worth of illegal retention and re-enlistment bonuses it awarded to California National Guard soldiers during the height of the Afghanistan and Iraq wars,” reports The Sacramento Bee.

• But Congress shouldn’t be too shocked, as members knew about the issue two years ago, reports the Los Angeles Times.

• “The Bay Area’s only Republican state legislator is in an expensive fight to keep her seat, with Catharine Baker, of Dublin, facing a challenge from Cheryl Cook-Kallio in a battle pitting an avowed supporter of bipartisan work against a former city councilwoman and teacher espousing traditional Democratic values,” writes The San Jose Mercury News.

Legislature:

• Gone till December.

Gov. Brown:

• No public events announced.

Tips: matt@calwatchdog.com

Follow us: @calwatchdog @mflemingterp

New followers: @CaCities

Clinton aides considered moving CA primary

Good morning! We spent Friday digging through WikiLeaks, so our two top stories today are the best of what we found. Not included, though, is how those in Clinton World feel about Los Angeles Mayor Eric Garcetti. 

Moving on.

Prominent Democratic strategists who would eventually get top posts in Hillary Clinton’s presidential campaign debated the political strategy of moving the date of California’s primary election, according to hacked emails recently released by WikiLeaks.

They even reached out to the leader of the state Senate, Kevin de Leon. His response, if there was one, was not in the batch of emails.

CalWatchdog has more.

In other news:

• “Knowing that a major climate-change measure was in trouble, Senate President Pro Tempore Kevin de Leon sought help from the White House in 2015, according to a WikiLeaks email dump on Thursday.” CalWatchdog has more. 

• “Nearly 10,000 California National Guard soldiers have been ordered to repay huge enlistment bonuses a decade after signing up to serve in Iraq and Afghanistan, a newspaper reported Saturday.” The San Jose Mercury News/AP has more. 

• “No California ballot fight has attracted more money or bigger names than Proposition 61. Proponents call it the only initiative in the country that could rein in rising drug prices. Pharmaceutical companies have spent nearly $110 million to oppose it. But politics aside, experts see a problem with the measure. They question whether California could implement the law and what the consequences would be, if it can’t.” Capital Public Radio has more.

• “Critics of a California workers’ compensation system that is both among the nation’s costliest and not particularly good at providing care to injured employees are enjoying two triumphs” — new laws to help fight fraud. CalWatchdog has more.

Legislature:

• Gone till December.

Gov. Brown: 

• No public events announced.

Tips: matt@calwatchdog.com

Follow us: @calwatchdog @mflemingterp

New follower: @Lenny_Mendonca

By KATY GRIMES

It could have been an episode of “The General, His Wife, The Staff, and the Military,” a movie about the scandal-plagued California National Guard. But instead, after four hours of grueling testimony at times, it appears that the California national Guard has one more chance to clean up its tarnished image.

A controversial hearing in the Senate ended Wednesday with a unanimous vote to confirm Maj. Gen. David S. Baldwin, Gov. Jerry Brown’s nominee, to head the state’s National Guard. But it wasn’t all accolades and flattery for the General; his ‘kick ass, and take names’ style was under fire, as well as some judgment issues over recent incidences.

Brown appointed Baldwin, an Afghanistan veteran who has served in the National Guard for 30 years, to Adjutant General of the Guard in April.

Baldwin was brought in to clean house. The California National Guard has a long history “of trouble, low morale and good old boy favoritism,” according to Committee Chairman, Sen. Pres. Pro Tem Darrell Steinberg. This reputation necessitated a completely different style of leadership. “Your two predecessors left under allegations of fraud,” Steinberg told Baldwin. Steinberg enumerated charges that they also improperly benefitted from double dipping and recruitment bonuses. Steinberg explained that the department has been plagued by the morale issues and  good old boy system, as well as suggestions of mistreatment of women and minorities. “While you were not in charge, you served in key positions,” Steinberg told Baldwin.

According to Steinberg, the hearing was to find out what Baldwin knew about the allegations and charges against the state’s National Guard department, and what Baldwin is doing differently in order to justify his confirmation.

At the opening of the four-hour hearing, Steinberg said that the question the committee would have answers to was, “do we have reasonable confidence that under your leadership the California National Guard will clean up its mess and inspire confidence in its operations?”

While some audience members at the hearing muttered that this was a case of the fox guarding the henhouse, it is the role of the Senate Rules Committee to ensure that due diligence is done with the nominee. Steinberg conducted a thorough and at times, delicate hearing, despite not pleasing everyone with the resulting outcome.

A Clean-House Mandate

The California National guard most recently, has been plagued with claims of fraud involving nearly $100 million in student loan repayments, cash bonuses for successful recruiting, as well as allegations of senior Guard officials double and triple dipping their pay.

At Baldwin’s swearing-in last April, while not specifically discussing the scandals, the Los Angeles Times reported that Brown said, “I think the main thing is, I wanted someone that I picked and that understood my vision for the Guard.”

Cleaning house is what Baldwin has done. But any time a new leader makes sweeping changes, toes are stepped on, and change makes many uncomfortable and even angry. There is no way a new leader can please all of the people. “I have a mandate from the governor to change the culture,” Baldwin told committee members.

That mandate, according to Baldwin, included the removal and replacement of 11 of the 13 lead officers directly reporting to Baldwin. Many of the replacements were made with officers from outside of California.

Baldwin has terminated or removed more than 114 guard employees, as well as the 11 leadership officers, in only nine months. Those actions are bound to anger many, and threaten even more.

The Grilling and The Love

It was Democratic Senators who asked the tough questions during the hearing – Republicans threw him underhand slow pitches, showing their early support.

However, missing from the hearing were specific questions and answers about Baldwin’s ability to perform as the head of the entire California Military Department, members of the military, civilians and made up of civil servants, and many union-represented employees.

Support 

Two lines formed along the hearing room walls when Steinberg asked for testimony in support of Baldwin’s nomination. Baldwin received glowing comments from many current and retired military, labor representatives, Cal Fire representatives, military associations, and current and former staff members. Even Baldwin’s Afghani translator, who accompanied him during two tours to Afghanistan, showed up to testify on his behalf.

There was no doubt after seeing and hearing the compelling supporting testimonials, that Baldwin is well respected by many in the military.

Opposition 

As beloved as Baldwin is to many, several of the opposition to his nomination were just as adamant.

Ronald Clark, the military auditor who blew the whistle on some of the financial shenanigans inside of the state’s military department, testified that Baldwin’s wife also worked for the California National Guard, and knew about the student loan scheme. Clark reported that Mrs. Baldwin had told him that her husband wasn’t going to get involved with the audit.

“Bonuses and student loan repayments for service members unqualified for the benefits, or who otherwise received them improperly, could have been as high as $100 million, according to a Guard auditor who blew the whistle,” the Sacramento Bee reported in August.

“Everything he said is true,” Baldwin said after Steinberg asked him for his reply to Clark’s charges. Baldwin explained that his wife was a contractor for the National Guard, but “she never told me about the scandal.”

And that was the extent of Baldwin’s explanation.

Steinberg moved on to the next opposition testimony.

Most of the opposition came from existing Equal Employment Opportunity discrimination claims that originated before Baldwin took over as Adjunct General.

But Brigadier General Charlotte Miller, terminated by Baldwin only two months after he accepted the role, testified her opposition to Baldwin’s confirmation. Miller questioned several of his actions including allegations of a cover up of missing automatic weapons, which she described as “a serious incident.” She explained that with Baldwin’s decision to prevent the investigation from reaching his superiors, he prevented the National Guard from using its resources to find the weapons.  Federal Alcohol, Tobacco and Firearms agents eventually found the weapons, leaving the National Guard with egg on its face.

The second incident Miller addressed was how Baldwin terminated her; Miller alleges that Baldwin violated her right to due process by terminating her without providing her information about the alleged incident, which led to her termination. Miller has said that if Baldwin could do this to a Brigadier General, she was far more concerned about the due process rights of the remaining 20,000 guard members.

After Miller’s testimony, Steinberg reminded the committee that the hearing was not a court of law, but instead, an opportunity to hear how Baldwin responded to the critics.

The Mess and The Cleanup

Baldwin knowingly stepped into a mess after being asked to take over as the head of California’s National Guard by Governor Brown. At the confirmation hearing Wednesday, he accepted criticism with aplomb, even if some of his explanations of events and incidences were a bit thin.

Baldwin will be under a microscope. After numerous scandals with his predecessors, the Legislature and Governor will be watching Baldwin closely, and they told him so.

With 114 terminations under his belt, there can no doubt that mistakes have been made. While Miller reminded Baldwin that ‘kick ass and take names’ may work on the battlefield, she said that it doesn’t work in a state department. But that may be the reason Brown chose Baldwin to lead the Guard – a little ass-kicking appears to be what’s in order for the state’s military department, after many years of bogus vacation conference schemes, trumped-up recruiting efforts, student loan scandals, and numerous accusations of harassment of minority and female guard members.

Steinberg summed up his perspective: “I’ve heard a lot of concerns about General Baldwin, but more about real change in the National Guard.”

California National Guard Brigadier General Charlotte L. Miller has announced that she will voice her opposition to legislators today about Major General David Baldwin’s nomination to the top position of the state National Guard. Miller will testify in the Senate Rules Committee today, in what should be a very interesting hearing.

Miller had been the focus of an investigation, lead by Baldwin, which ended up with her termination from the California National Guard. Except Miller said that she has never seen evidence of an investigation. Other guard members involved in the alleged investigation were either removed from leadership positions or transfered elsewhere, but no one else was unceremoniously canned as Miller was.

This is not a personal beef. “In the clearest terms possible, Mr. Baldwin is unfit for command of the California National Guard,” Miller said during an interview.  “He does not have the integrity, the honesty or the basic professional record to stand at the top and issue orders to the thousands of outstanding men and women in the Guard.”

Charlotte Miller, a brigadier beneral and 32-year veteran in the California National Guard, was the first female general for the California Army National Guard, with her ground-breaking promotion to general.

The media reported that Baldwin dismissed Miller in August 2011 as part of his attempts to reform the CNG after a scandal. But Miller said her firing was a deflection from Baldwin’s own cover-up of an investigation into missing weapons. Finding Baldwin responsible for the missing weapons and alleged cover-up would have resulted in promotion denials and discipline.

The Sacramento Bee Series

In 2011, the Sacramento Bee published a series of stories exposing several of the California National Guard top brass, accused of double dipping on pay. But Miller said that it was only after The Bee asked about pay issues for several former generals, that the Guard’s newly appointed adjutant general, Col. David Baldwin, launched an internal inquiry, attempting to draw attention away from himself, and sparking the media blitz.

An August Sacramento Bee story reported, “Brig. Gen. Charlotte L. Miller was removed from the Guard because, Baldwin reported, ‘I had lost faith, trust and confidence in her abilities as a senior leader’.”

Miller said she was legally advised not to comment on the record for the story.

But Miller pointed out that the entire article had comments and perspective only from Baldwin, as all of the other guard members in the story followed appropriate CNG protocol and did not comment on the investigation.

The California National Guard

Miller said Baldwin has repeatedly demonstrated a disturbing pattern of favoritism that rewarded unqualified allies loyal to him, and punished others who were not part of his inner circle.

Miller described this as “Baldwin’s morale-crushing leadership style,” and said that there are more CNG members who want to come forward and speak out against Baldwin, but are afraid.

Her decision to address the California State Senate Rules Committee on Wednesday and testify against Baldwin’s nomination came about when she saw how one-sided the news stories were, Miller said.

But Miller said that her larger concern is because she was denied due process by Baldwin, she doesn’t want this to happen to the remaining 20,000 California Army National Guard members, should any of them ever have a grievance.

‘No Comment’

Miller’s said that her decision not to comment for the Bee stories about the National Guard allowed Baldwin, and the Bee’s reporter, Charles Pillar, to make false claims and character assignations that cost Miller her job. She not only wants the record set straight, she doesn’t want Baldwin to be rewarded for such underhanded and unprofessional behavior.

Miller said that Baldwin’s accusation that she “set the conditions for a complex scheme that cost taxpayers tens of thousands of dollars” is false. The program Baldwin was referring to was “so new, with only one payout during my tenure, it was not possible for ‘tens of thousands of dollars’ to be misdirected or unauthorized during my watch,” Miller explained.

“His comment was issued with no evidence and cost me my reputation and job,” Miller said. And missing from the stories in the Bee was any explanation of how the recruiting incentivizing program really operates, according to Miller. And it was those accusations without substantiation that Miller said killed her career.

With “fluid oversight,” Miller said that the National Guard bureau recruitment management office “was always looking for ways to increase ‘numbers’ by incentivizing the recruiters and branding the product.”

Three-Decade Performance Record

Miller said that all of her performance evaluations have been “outstanding, including my most recent evaluation completed in April 2011.” Miller said she was “Relieved For Cause” but never was allowed due process, which includes providing her with copies of any allegations, and a chance to contest the allegations. She was just fired instead.

Miller said that Baldwin cited a single incident going back to 2007 as the basis for her termination, but again, she was denied copies of the investigation, and denied an opportunity to contest the allegation. Miller said that Baldwin asked one of her former supervising generals to alter his performance evaluation of Miller in 2007, but the general refused.

While Baldwin personally attempted to force Miller out of the Guard, she said, “This is not  about me.  This is about all of my fellow soldiers in the Guard who could be denied ‘Redress of Grievance’ based on Mr. Baldwin’s layman interpretation of legal code, and who are afraid to confront someone like him who has proven he will do anything to anyone who gets in his way.  Baldwin ended my career for no other reason than because it secured for him a political and professional advantage.  And he knows it.”

Katy Grimes