Please ensure Javascript is enabled for purposes of website accessibility
Walters: An Ethical Double Standard
dan_walters
By Dan Walters, CalMatters Commentary
Published 6 years ago on
September 25, 2019

Share

A political scandal that erupted in San Diego 16 years ago indirectly established a peculiar — and unseemly — ethical double standard regarding local ballot measures.
Simply put, while it may be legal for public officials to mislead the public in seeking approval of bond and tax measures — which they often do — it’s illegal to mislead bankers when those measures are implemented.


Dan Walters
CalMatters

Opinion
The San Diego case involved a $500 million bond issue that city officials were marketing. A member of the city’s pension board, Diann Shipione, questioned the veracity of the documents that the city had prepared for would-be buyers of the bond, saying they severely overstated the financial health of the city pension fund.
Officials waged a vendetta against Shipione for her heresy and tried to dump her from the pension board and even have her arrested.
However, the federal Securities and Exchange Commission took up the case and charged several city officials with fraud, including the city manager, saying they had lied in the bond sale documents, and four of them were forced from office and eventually paid fines. Mayor Dick Murphy also was forced to resign.

The Feds Have Reinforced the Illegality of Lying

Since then, countless local tax and bond measures have appeared on ballots, and the campaigns for them have become increasingly misleading. Local officials hire high-powered campaign firms to provide “information” that’s ill-disguised advocacy and often obscures the measures’ true purpose to voters.
The state’s Fair Political Practices Commission has occasionally intervened when these “information” campaigns cross the line, but the practice continues largely unabated.
Meanwhile, the feds have reinforced the illegality of lying to bankers when officials attempt to market bonds that voters have approved.
This month, the SEC struck again, charging that administrators of Montebello Unified School District misled potential buyers of $100 million in school construction bonds about financial and mismanagement problems.
Montebello Unified Supt. Anthony Martinez agreed to a fine as part of a settlement and the district’s former finance officer, Ruben Rojas, awaits trial on the civil charges.
The case, a smaller scale clone of what happened in San Diego many years earlier, puts local officials on notice again about the perils of misleading bankers.

What About Misleading Voters?

But what about misleading voters?
Two years ago, Assemblyman Jay Obernolte, a Republican from Big Bear Lake, carried — and then-Gov. Jerry Brown signed — Assembly Bill 195, compelling local officials to give more factual information to voters. They would have to tell voters, in a bond or tax measure’s summary, how much they would be paying and how long they would be shouldering the new levies.
Local officials hate Obernolte’s law, claiming that the required data takes up too much of a summary limited to 75 words. However, what they really dislike is that the financial facts crowd out rosy promises and might discourage voters from approving their proposals.
Sen. Scott Wiener, a San Francisco Democrat, rode to their rescue this year with legislation,Senate Bill 268, now awaiting Gov. Gavin Newsom’s signature or veto.
Wiener makes no bones about his intent. He believes that Obernolte’s law would result in fewer tax and bond measures being passed and his legislation would allow officials to bury the required financial data in the fine print of voter guides, where it would be much less likely to be read.
Thus, officials would be free once again to pump up their one-sided pitches in ballot summaries.
CalMatters is a public interest journalism venture committed to explaining how California’s state Capitol works and why it matters. For more stories by Dan Walters, go to calmatters.org/commentary.
[activecampaign form=31]

DON'T MISS

Dog Found in Horrid Conditions Now Seeks Loving Home

DON'T MISS

Trump Takes Aim at California Six Times in 24 Hours

DON'T MISS

Elon Musk Sells X to His Own xAI for $33 Billion in All-Stock Deal

DON'T MISS

US Naval Academy Ends Affirmative Action in Admissions

DON'T MISS

Elon Musk Backtracks on a Legally Questionable Plan to Pay Voters

DON'T MISS

Appeals Court Clears Way for DOGE to Keep Operating at USAID

DON'T MISS

Trump Pledges US Aid for Asia Quake Despite Former Official Saying System in ‘Shambles’

DON'T MISS

Is Fresno Political Consultant Alex Tavlian Behind Election Attack Mailer?

DON'T MISS

Gronk-a-Mania Set to Run Wild Over WrestleMania Weekend

DON'T MISS

Federal Judge Blocks Trump From Dismantling Consumer Financial Protection Bureau

UP NEXT

If California Bails Out LA’s $1 Billion Budget Deficit, Beware the Slippery Slope

UP NEXT

Trump Has Had Enough. He Is Not Alone.

UP NEXT

The Real Crisis in California Schools Is Low Achievement, Not Cultural Conflicts

UP NEXT

Trump and Musk Are Suffering From Soros Derangement Syndrome

UP NEXT

CA Politicians Have an Irritating Habit of Ignoring the Downsides

UP NEXT

If Pete Hegseth Had Any Honor, He Would Resign

UP NEXT

If Zero-Emission Cars Cut Gasoline Sales and Tax Revenue, How Will California Replace Them?

UP NEXT

How Israel Divides the Right

UP NEXT

Under Pressure From Trump, UC Abandons ‘Diversity Statement’ Requirement for Faculty

UP NEXT

California Seniors Are Paying the Price for Lawsuit Abuse 

US Naval Academy Ends Affirmative Action in Admissions

16 hours ago

Elon Musk Backtracks on a Legally Questionable Plan to Pay Voters

16 hours ago

Appeals Court Clears Way for DOGE to Keep Operating at USAID

16 hours ago

Trump Pledges US Aid for Asia Quake Despite Former Official Saying System in ‘Shambles’

16 hours ago

Is Fresno Political Consultant Alex Tavlian Behind Election Attack Mailer?

16 hours ago

Gronk-a-Mania Set to Run Wild Over WrestleMania Weekend

18 hours ago

Federal Judge Blocks Trump From Dismantling Consumer Financial Protection Bureau

18 hours ago

St. Agnes’ Newest Robot Promises Less Invasive Surgeries, Faster Recoveries

18 hours ago

California Food Banks Brace for Funding Cuts, and Not Only From the Trump Administration

18 hours ago

Why the Nation Would Be Wise to Support a Third Term Amendment for Donald Trump

19 hours ago

Dog Found in Horrid Conditions Now Seeks Loving Home

Meet Punkin — yes, not Pumpkin. This young dog, around 1 to 2 years old, requested a unique name, and it reflects his distinctive journey. P...

20 minutes ago

Punkin, a 1-2-year-old dog with a tough past of living in a hoarding situation, is looking for a patient, understanding home with another dog to help him adjust and thrive. (Mell's Mutts)
20 minutes ago

Dog Found in Horrid Conditions Now Seeks Loving Home

28 minutes ago

Trump Takes Aim at California Six Times in 24 Hours

16 hours ago

Elon Musk Sells X to His Own xAI for $33 Billion in All-Stock Deal

16 hours ago

US Naval Academy Ends Affirmative Action in Admissions

16 hours ago

Elon Musk Backtracks on a Legally Questionable Plan to Pay Voters

16 hours ago

Appeals Court Clears Way for DOGE to Keep Operating at USAID

16 hours ago

Trump Pledges US Aid for Asia Quake Despite Former Official Saying System in ‘Shambles’

16 hours ago

Is Fresno Political Consultant Alex Tavlian Behind Election Attack Mailer?

Help continue the work that gets you the news that matters most.

Search

Send this to a friend