Tuesday, July 22, 2014

More bare facts about San Diego government: how we got from there to here

Around this time last year San Diego’s former mayor Bob Filner was forced out of office.  As it happens, he was the first bona fide “strong mayor” our city has yet seen.

We voters had no choice but to wield our black markers once again and fill in the ballot bubble to select a new mayor.  The winner this time around was Mr. White Bread personified, Kevin Faulconer.  San Diego’s lead newspaper, the U-T,  summed up the occasion in a neat sentence: “At least the day brought us one step further from Our Time Of Scandal And Farce.”

The UT likes to play coy.  They know perfectly well that scandal and farce are what make our city tick.  San Diego is bright and sunny but the truth is, it’s a very shady place.

Last week we followed the bouncing ball and tracked the historical progression that led to the moment when a small village called San Diego became an incorporated city, defined by its own City Charter and governed by a “common council.”  The year was 1850.

Two years later the fledgling city of San Diego went bankrupt. 

A board of trustees took over city management and for the next four decades  administered the city’s operations and finances.  The city grew in fits and starts, cycling through mini-booms and busts.  By the late 1880s San Diego’s attempts at becoming an active player in regional commerce fizzled.  And after years of wild land speculation the city’s bloated real estate market crashed, throwing major investors and developers into bankruptcy and ruin.  

In this depressed economic setting the movers and shakers of the time created a new City Charter, this time with a “strong mayor” system of governance.  

The city eventually emerged from its deep slump, but for the rest of the 19th century and into the 20th growth was slow, handicapped by a scarcity of resources – like water, cheap fuel, and/or multiple investors willing to spend big capital.   San Diego was branded a one-horse town, dominated for many years by the bigger-than-life banker/ property owner/ developer/ tourism promoter John D. Spreckels.   A backdrop of power struggles, con games, and political corruption went hand in hand with this company-town reality.  

San Diego got on the municipal reform bandwagon at the tail end of the Progressive Era – a period of sweeping political and social reform that spanned the presidential terms of Teddy Roosevelt, William Howard Taft, and Woodrow Wilson.  

In 1931, following the trend set by other Southwestern cities, San Diego voters threw out their “strong mayor” system and installed a nonpartisan city manager form of government.  Goodbye to political vices.  Hello, responsible management.   The city maintained this council/manager form of government for close to 75 years.
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Now we all know that corruption and mismanagement are outgrowths of greed and other human frailties and are not necessarily the consequences of a particular method of running a government.  But blaming a system rather than acknowledging the human factor is often an effective ruse to confuse and mislead the voting public.

In 2004, after several years of pension shenanigans, political unaccountability, and teetering fiscal insolvency, San Diego voters were shanghaied by the downtown elite with claims that our city manager system of governance was the devil and exorcism was the city's salvation.  Voters swallowed the bait and approved a major Charter amendment to resurrect a “strong mayor” form of government.  

And thus did it happen that a fresh load of scandal, farce, confusion, and dysfunction in present-day city government was begotten.

Next time we’ll look at how city government is structured and why a “strong mayor” seems like such a big deal.


Friday, July 11, 2014

How government begets government

As I stated last time, bare facts come in many shapes and sizes.  So do governments.  

Today we'll uncover some basic facts about how government begets government.  Don't be surprised at how many partners are needed for the act.  Your role is just to follow the bouncing ball.
The first bounce is on the Declaration of Independence – the pugnacious pronouncement signed by 56 residents of Britain’s 13 American colonies, dated July 4, 1776, proclaiming: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.  That to secure these rights, governments are instituted among men…" 
Now bounce ahead to 1789, landing on a polished gem called the preamble of the United States Constitution: “We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.” 

One more bounce brings us to President Lincoln’s 1863 Gettysburg Address, which starts like this: “Four score and seven years ago our fathers brought forth on this continent a new nation, conceived in liberty, and dedicated to the proposition that all men are created equal…”  And it concludes with this: “government of the people, by the people, for the people…” 

 Obviously, the luminaries of American history who created these documents shared a similar viewpoint about the rightful purpose of government: to ensure just and equitable treatment for all generations; keep peace among fellow citizens; raise the people's standard of living; oversee mutual and collective safety; and facilitate everyone’s ability to get on with his and her own life. 

To them it was a self-evident truth that government served as a dynamic force for human progress (but yes, it would take a bloody war to abolish slavery and a major struggle to enfranchise women).  

Nowhere did they suggest that families, churches, nonprofits, charities, rugged individuals, corporate business, or general goodwill could or should substitute for the role of government in the lives of the people.  Or that government should be starved to death…  shrunk down to the size of a dried lima bean.

But like all human creations, governments require continual oversight and improvements.  Far from being sacred or immutable, our Constitution has been modified by 27 amendments, undoubtably with more to come.

One of them (the 10th Amendment) concerns the limits of top-down control: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”   Meaning that each state has the right to create its  own constitution. 

Which brings us back to the bouncing ball.  Watch it as it lands on the California Constitution, first adopted in 1848 (remember the gold rush?) and overhauled in 1879.  Since then it has been transformed by over 500 amendments from a short and succinct document to the world’s third longest constitution. 

If you dig deep enough you'll find a provision in the California Constitution (Article 11) that deals with the formation of California cities.  


(FYI: the purpose of grassroots entities called cities is to ensure the health, safety, and welfare of their local hometown residents.  Cities can be either general law cities controlled by state law or charter cities answerable to most of state law but primarily controlled by a local constitution/city charter.  In contrast, counties are local entities that generally function as pass-throughs for state mandates in a more top-down enterprise.)

This bouncing ball drops down on the city of San Diego, which –  when a small village in 1850 (pop. 650) – was incorporated as a city.  By 1931, San Diegans (pop. 150,000) created their own constitution/charter and voted to become a charter city.  It's been many times amended and is still in use today.

What's in the San Diego City Charter?  Nothing as elegant as the historical documents cited above.  

The bare fact is that our Charter is a pedestrian compilation of articles and sections laying out our election process; city government system; formation of council districts; power and responsibility of elected officials; rules for city finance, budget, and accounting systems; civil service system; employees’ retirement system; Board of Education powers, duties, election, and districts; and a miscellaneous hodgepodge of provisions about the sale of public land, giving or receiving payment for political favors, disclosure of business interests, amending the Charter, etc.

What's not in our City Charter?  Not a hint to the public or to city officials of the motivation, objectives, or ideals that explain why we exist as a charter city. 

Just bounce over to the following core statements from San Francisco and Seattle and you'll see for yourselves how stunted San Diego’s image and goals seem to be:
* "In order to obtain the full benefit of home rule granted by the Constitution of the State of California; to improve the quality of urban life; to encourage the participation of all persons and all sectors in the affairs of the City and County; to enable municipal government to meet the needs of the people effectively and efficiently; to provide for accountability and ethics in public service; to foster social harmony and cohesion; and to assure equality of opportunity for every resident: We, the people of the City and County of San Francisco, ordain and establish this Charter as the fundamental law of the City and County. " 
*  “Under authority conferred by the Constitution of the State of Washington, the People of the City of Seattle enact this Charter as the Law of the City for the purpose of protecting and enhancing the health, safety, environment, and general welfare of the people; to enable municipal government to provide services and meet the needs of the people efficiently; to allow fair and equitable participation of all persons in the affairs of the City; to provide for transparency, accountability, and ethics in governance and civil service; to foster fiscal responsibility; to promote prosperity and to meet the broad needs for a healthy, growing City."
(But heed this warning!  Tinkering with our City Charter can be very dangerous to the public health and welfare unless the job is turned over to an independent, non-political, certifiably trustworthy Charter Commission.  It’s not a job for political hacks and toadies.  More about that at a later date.)

 Which brings us the final bouncing ball:

The term government automatically signifies power and control.  In cities like San Diego it often determines who gets rich, who gets richer, and who gets to pick up the crumbs.   

Next time we're together we’ll look at certain Charter changes enacted during the past decade – particularly the switch to a strong mayor form of government – and see what these changes look like when it all hangs out.


Thursday, July 3, 2014

The bare facts


There are certain bare facts about our city that we ­– as informed San Diegans and curious citizens – would benefit from knowing more about.  

The intent of my upcoming commentaries is to shed light on the anatomy of hometown government while getting the bare facts out in the open

In anticipation of the July 4th weekend, why don't we start with some bare facts about flashy celebrations, San Diego style.  


You’re probably aware that the job of drumming up money and excellent ideas for a centennial celebration of the 1915 Balboa Park Panama-California exposition (Panama refers to the canal, not the hat or cigar) was wantonly messed up by an elite group of downtown insiders who apparently lacked the will, skill, vision, aptitude, frame of mind, and/or civic dedication that reputable public service demands.  

As you may know, the 1915 Panama-California Exposition was an historic extravaganza, ultimately responsible for the unique look of today's landmark Balboa Park.  One hundred years later it's well-worth an up-to-date commemoration.

Happy to report that planning for the centennial celebration has officially resumed, this time in the hands of city staff.  But things still look anemic.  So here’s a thought: how about re-creating a certain eye-catching theme from another great Balboa Park festivity, namely the 1935 Pacific International Exposition/World’s Fair?  Yes, I’m referring to the exhibit known as the Zoro Gardens nudist colony.
A recapitulation of this old-fashioned pastime would – guaranteed – pull in the crowds and perk up our city’s image.  And who knows? resurrecting the exuberant simplicity of this quaint moment in city history could wipe away repugnant recent memories of half-clad hedonists desecrating the Balboa Park lily pond.  Or of flirtatious techniques practiced by our defenestrated mayor.  Or of naughty tales about our wildly ambitious former council member, an also-ran for mayor who is now beating the congressional bushes to unseat first-term congressman Scott Peters.

Just for the record, my urgent recommendation is to emphatically reject the attempted third coming of Carl DeMaio.  Also, if you happen to live in San Diego’s District 6, you’ll be doing yourself and the future of the entire city a big favor by supporting Carol Kim for city council this November.)

Of course, bare facts come in many shapes and sizes.   We’ll be tackling the basics first.  Then we can work our way upward, sideways, and underneath the political mechanisms, bewildering acronyms, and intersecting systems that were (presumably) created to benefit the San Diego public.  Join me in letting it all hang out.