Energy

Biofuels: a critical perspective

Submitted: Nov 02, 2006

Most people have some trouble developing a critical point of view on an issue without a little help from critics. As it stands in the southern tier of the Pomboza (that part of the district controlled by Rep. Dennis Cardoza, Polar Bear/Shrimp Slayer-Merced) biofuel is the hottest technology since the six-foot, deep-ripping chisel, built to tear up seasonal grasslands for temporary orchards and vineyards that will become subdivisions. And we won’t get no help from the newspaper.

Now, Merced dairymen working out their Midwest corn budgets for next year, will complain to each other and their bankers about a price hike, which they are told is the result of competition with biofuel. But farmers are price takers. They are used to it and accept it and don’t try to think about it too much, particularly when milk prices are down below breakeven.

The article below is a good rundown on criticisms of the latest “ecological” fad, biofuels, and should help restore our sane view that Cardoza is the same-old, same-old, ignorant hustler he always has been despite his latest reinvention of himself as a post-Pombo environmentalist with solar panels on his roof.

Bill Hatch

Running on Hype
The Real Scoop on Biofuels
By BRIAN TOKAR
Counterpunch.com – Nov. 1, 2006

You can hardly open up a major newspaper or national magazine these days without encountering the latest hype about biofuels, and how they're going to save oil, reduce pollution and prevent climate change. Bill Gates, Sun Microsystems' Vinod Khosla, and other major venture capitalists are investing millions in new biofuel production, whether in the form of ethanol, mainly derived from corn in the US today, or biodiesel, mainly from soybeans and canola seed. It's literally a "modern day gold rush," as described by the New York Times, paraphrasing the chief executive of Cargill, one of the main benefactors of increased subsidies to agribusiness and tax credits to refiners for the purpose of encouraging biofuel production.

The Times reported earlier this year that some 40 new ethanol plants are currently under construction in the US, aiming toward a 30 percent increase in domestic production. Archer Daniels Midland, the company that first sold the idea of corn-derived ethanol as an auto fuel to Congress in the late 1970s, has doubled its stock price and profits over the last two years. ADM currently controls a quarter of US ethanol fuel production, and recently hired a former Chevron executive as its CEO.

Several well-respected analysts have raised serious concerns about this rapid diversion of food crops toward the production of fuel for automobiles. WorldWatch Institute founder Lester Brown, long concerned about the sustainability of world food supplies, says that fuel producers are already competing with food processors in the world's grain markets. "Cars, not people, will claim most of the increase in grain production this year," reports Brown, a serious concern in a world where the grain required to make enough ethanol to fill an SUV tank is enough to feed a person for a whole year. Others have dismissed the ethanol gold rush as nothing more than the subsidized burning of food to run automobiles.

The biofuel rush is having a significant impact worldwide as well. Brazil, often touted as the the most impressive biofuel success story, is using half its annual sugarcane crop to provide 40 percent of its auto fuel, while increasing deforestation to grow more sugarcane and soybeans. Malaysian and Indonesian rainforests are being bulldozed for oil palm plantations-threatening endangered orangutans, rhinos, tigers and countless other species-in order to serve at the booming European market for biodiesel.

Are these reasonable tradeoffs for a troubled planet, or merely another corporate push for profits? Two new studies, both released this past summer, aim to document the full consequences of the new biofuel economy and realistically assess its impact on fuel use, greenhouse gases and agricultural lands. One study, originating from the University of Minnesota, is moderately hopeful in the first two areas, but offers a strong caution about land use. The other, from Cornell University and UC Berkeley, concludes that every domestic biofuel source ­ the ones currently in use as well as those under development ­ produces less energy than is consumed in growing and processing the crops.

The Minnesota researchers attempted a full lifecycle analysis of the production of ethanol from corn and biodiesel from soy. They documented the energy costs of fuel production, pesticide use, transportation, and other key factors, and also accounted for the energy equivalent of soy and corn byproducts that remain for other uses after the fuel is extracted. Their paper, published in the July 25th edition of the Proceedings of the National Academy of Sciences, concluded that ethanol production offers a modest net energy gain of 25%, resulting in 12% less greenhouse gases than an equivalent amount of gasoline. The numbers for biodiesel are more promising, with a 93% net energy gain and a 41% reduction in greenhouse gases.

The researchers cautioned, however, that these figures do not account for the significant environmental damage from increased acreages of these crops, including the impacts of pesticides, nitrate runoff into water supplies, nor the increased demand on water, as "energy crops" like corn and soy begin to displace more drought tolerant crops such as wheat in several Midwestern states.

The most serious impact, though, is on land use. The Minnesota paper reports that in 2005, 14% of the US corn harvest was used to produce some 6 million gallons of ethanol, equivalent to 1.7% of current gasoline usage. About 1 1/2 percent of the soy harvest produced 120 million gallons of biodiesel, equivalent to less than one tenth of one percent of gas usage. This means that if all of the country's corn harvest was used to make ethanol, it would displace 12% of our gas; all of our soybeans would displace about 6% of the gas. But if the energy used in producing these biofuels is taken into account ­ the fact that 80% of the energy goes into production in the case of corn ethanol, and almost 50% in the case of soy biodiesel, the entire soy and corn crops combined would only satisfy 5.3% of current fuel needs. This is where the serious strain on food supplies and prices originates.

The Cornell study is even more skeptical. Released in July, it was the product of an ongoing collaboration between Cornell agriculturalist David Pimentel, environmental engineer Ted Patzek, and their colleagues at the University of California at Berkeley, and was published in the journal Natural Resources Research. This study found that, in balance, making ethanol from corn requires 29% more fossil fuel than the net energy produced and biodisel from soy results in a net energy loss of 27%. Other crops, touted as solutions to the apparent diseconomy of current methods, offer even worse results.

Switchgrass, for example, can grow on marginal land and presumably won't compete with food production (you may recall George Bush's mumbling about switchgrass in his 2006 State of the Union speech), but it requires 45% more energy to harvest and process than the energy value of the fuel that is produced. Wood biomass requires 57% more energy than it produces, and sunflowers require more than twice as much energy than is available in the fuel that is produced. "There is just no energy benefit to using plant biomass for liquid fuel," said David Pimentel in a Cornell press statement this past July. "These strategies are not sustainable." In a recent article, Harvard environmental scientist Michael McElroy concurred: "[U]nfortunately the promised benefits [of ethanol] prove upon analysis to be largely ephemeral."

Even Brazilian sugarcane, touted as the world's model for conversion from fossil fuels to sustainable "green energy," has its downside. The energy yield appears beyond question: it is claimed that ethanol from sugarcane may produce as much as 8 times as much energy as it takes to grow and process. But a recent World Wildlife Fund report for the International Energy Agency raises serious questions about this approach to future energy independence. It turns out that 80% of Brazil's greenhouse gas emissions come not from cars, but from deforestation-the loss of embedded carbon dioxide when forests are cut down and burned. A hectare of land may save 13 tons of carbon dioxide if it is used to grow sugarcane, but the same hectare can absorb 20 tons of CO2 if it remains forested. If sugarcane and soy plantations continue to encourage deforestation, both in the Amazon and in Brazil's Atlantic coastal forests, any climate advantage is more than outweighed by the loss of the forest.

Genetic engineering, which has utterly failed to produce healthier or more sustainable food-and also failed to create a reliable source of biopharmaceuticals without threatening the safety of our food supply-is now being touted as the answer to sustainable biofuel production. Biofuels were all the buzz at the biotech industry's most recent biotech mega-convention (April 2006), and biotech companies are all competing to cash in on the biofuel bonanza. Syngenta (the world's largest herbicide manufacturer and number three, after Monsanto and DuPont, in seeds) is developing a GE corn variety that contains one of the enzymes needed to convert corn starch into sugar before it can be fermented into ethanol. Companies are vying to increase total starch content, reduce lignin (necessary for the structural integrity of plants but a nuisance for chemical processors), and increase crop yields. Others are proposing huge plantations of fast-growing genetically engineered low-lignin trees to temporarily sequester carbon and ultimately be harvested for ethanol.

However, the utility of incorporating the amylase enzyme into crops is questionable (it's also a potential allergen), gains in starch production are marginal, and the use of genetic engineering to increase crop yields has never proved reliable. Other, more complex traits, such as drought and salt tolerance (to grow energy crops on land unsuited to food production), have been aggressively pursued by geneticists for more than twenty years with scarcely a glimmer of success. Genetically engineered trees, with their long life-cycle, as well as seeds and pollen capable of spreading hundreds of miles in the wild, are potentially a far greater environmental threat than engineered varieties of annual crops. Even Monsanto, always the most aggressive promoter of genetic engineering, has opted to rely on conventional plant breeding for its biofuel research, according to the New York Times. Like "feeding the world" and biopharmaceutical production before it, genetic engineering for biofuels mainly benefits the biotech industry's public relations image.

Biofuels may still prove advantageous in some local applications, such as farmers using crop wastes to fuel their farms, and running cars from waste oil that is otherwise thrown away by restaurants. But as a solution to long-term energy needs on a national or international scale, the costs appear to far outweigh the benefits. The solution lies in technologies and lifestyle changes that can significantly reduce energy use and consumption, something energy analysts like Amory Lovins have been advocating for some thirty years. From the 1970s through the '90s, the US economy significantly decreased its energy intensity, steadily lowering the amount of energy required to produce a typical dollar of GDP. Other industrial countries have gone far beyond us in this respect. But no one has figured out how to make a fortune on conservation and efficiency. The latest biofuel hype once again affirms that the needs of the planet, and of a genuinely sustainable society, are in fundamental conflict with the demands of wealth and profit.

Brian Tokar directs the Biotechnology Project at Vermont's Institute for Social Ecology (social-ecology.org), and has edited two books on the science and politics of genetic engineering, Redesigning Life? (Zed Books, 2001) and Gene Traders: Biotechnology, World Trade and the Globalization of Hunger (Toward Freedom, 2004).

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Annals of UC flak

Submitted: Sep 10, 2006

Hypocrisy at Davis (1)

UC Davis, where pedestrians must constantly dodge bicyclists, presents itself as an environmental paradise. Recently, it has decided to voluntarily study its own greenhouse emissions, joining a group of 88 members of

the climate registry ... created by state law in 2000 as a strictly voluntary program for businesses, governments and organizations wishing to measure their output of carbon dioxide and other gases that trap heat in the
atmosphere.

Davis "prides itself on environmental research, eight cents of every research dollar goes to air-quality studies." It also graduates legions of environmental specialists who become consultants to teach local land-use authorities how to dodge the California Environmental Quality Act, the federal Endangered Species, Clean Air and Clean Water acts so that California can continue to grow, particularly in the only two areas -- Los Angeles and the San Joaquin Valley -- where air quality has reached a unique nadir: "extreme non-attainment" of the health goals set by the Clean Air Act.

In the last decade, UC Davis has also sought to include the most dangerous level of biowarfare laboratory in the nation (and probably the world) on its campus. The Davis City Council made its extreme displeasure known and UC backed down. Now, UC's Lawrence Livermore National Laboratory is trying to site the same kind of facility just outside Tracy. UC Davis successfully defeated a citizen's group in court in its plans to build faculty housing on a plot originally deeded to the campus for agriculture. This housing project will worsen air quality in Davis.

UC Davis was perhaps responding to the hoopla around the recent passage by the state Legislature of AB 32, California Global Warming Solutions Act of 2006.

"I give them a lot of credit because they're willing to do this," said Joel Levin, the registry's vice president of business development. "Some of the campuses are very reluctant to turn the microscope on themselves."

This is despite avid support by the UC Office of the President for systemwide
participation.

Maric Munn, associate director of energy and utilities for the UC system, said many of the campuses are growing, and officials are nervous that their global-warming emissions are rising as a result.

"They're afraid of criticism from the outside," Munn said. "That's been a huge
impediment."

UC Merced's former chancellor, Carol Tomlinson-Keasey, is so nervous about global warming that in public she called it "climate change."
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UC Bobcatflak

The Discovery Room (2)

At UC Merced, thanks to a donation from the Gonella family, it seems as if both the campus and students will have a place to test new technology. First in line is an electronic blackboard.

Our only question is so dumb it is almost not worth asking, nevertheless ... Given the enormous amount of flak ceaselessly generated from the most efficient offices at the campus, its public relations group, this is supposed to be the greenest, most environmentally friendly UC campus among the 10 of them. Completely contradicting this claim is the equally ceaseless barrage of flak about the high energy-use technology installed there. It is as if, in the weird world according to bobcatflak, in order to be a legitimate UC campus, UC Merced must master the bad-faith lingo of environmental hypocrisy while bulking up on energy-squandering technological gadgets.

"This is like the IMAX classroom instruction," said Instruction Librarian Michelle Jacobs.

"It really engages students."

Dude!
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Meanwhile, down on the boardwalk (3)

UC Santa Cruz is suing to obstruct two measures that would give City of Santa Cruz residents the right to vote to approve extending sewer and water services to further expansions of the campus beyond Santa Cruz city limits.

This is viewed by UC flak as a "town and gown" problem, of the sort the new town beyond the city limits of Merced is supposed to cure (with other peoples' sewer and water services). It is also intended to conjure up images of barefoot Parisian beggars mugging gowned professors disputing nominalism and realism during the Black Plague.

What the story fails to mention, because it is sourced solely from UC flak and city officials, is that local citizens -- neither barefoot, poor or uneducated -- have brought an excellent suit against UCSC expansion plans on environmental grounds.

The local rebellion against UCSC expansion also reveals that UC can almost always come to some sort of agreement with the local land-use authority, whose pro-growth elected officials seem to nearly squeal with joy to be in the company of UC officials, while the citizens of the city and surrounding region are no longer charmed.

Another coastal cloud shadowing these proceedings is the recent state Supreme Court decision concerning nearby CSU Monterey Bay (the former Fort Ord), which clearly states that public universities and other state agencies in California can no longer get by with just identifying off-site impacts from their construction and growth -- they have an obligation to pay for them.
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UC Merced

Guinea Pigs (4)

The campus received a $300,000 grant to

work with undergraduate students over the next three years to gain new information about how humans make logical and intuitive decisions.

The research aims to produce a computer model of how the brain works when making decisions, and to determine if people can be taught to use logical deliberation, even when it conflicts with their intuition and personal beliefs.

Apparently, the grant is shared with the University of Massachussetts, which will dispatch graduate students to study UC Merced undergraduates.

Bobcatflak claims the study as

an opportunity to engage more undergraduate students in research -- a top priority for the university.

From guinea pig to research scientist in one easy lunge for the pork!

Problems we see in this study:

U Mass is not a bastion of California culture, considered by a number of students of the state to be one of the most complex cultures in the world. UC Merced takes great pride that its students are the "true face of California." There are going to be some interesting culture clashes that may not relate too clearly to either logic or intuition.

The way to teach logical deliberation is to teach logical deliberation. There are books on the subject -- a great many of them, all the way back to the Greeks. You teach and study them to develop an understanding of logic. It is called education. It is quite a venerable tradition that has worked for a lot of people.

The way to develop intuition in students is to give them good literature to study and to discuss it with them.

Students' personal beliefs ought to be left alone. That route can very quickly lead to violation and psychological trouble.

The purpose of an education is to develop the students' capacity for both logic and intuition. It is not to make them guinea pigs in an experiment to develop a computer model.

The bobcatflak, of course, contradicts the fundamental rules of such research projects and invites the problem of the "dreaded Hawthorth Effect," in which the human objects of the study become engaged in the study and contaminate the data. Either the flak is just the usual UC babble to the barefoot townies, or these people are incompetent to run such a study.

In fact, the whole idea of UC involvement with logic is suspect, given that its public utterance is almost entirely purile sophistry, only occasionally leavened with a bit of mediocre rhetoric.

In the Badlands editorial board's research into logic, we have noted that it is often accompanied by critical thinking. We propose that UC Merced students be placed before the environmental impact reports on the campus and asked to grade them according to logic. Following that exercise, perhaps they could study transcripts from the hearings of the various local land-use authorities that approved these documents, the legal briefs arising out of those approvals, and the judges' decisions. From this study, they might intuit something new and different, something critical, in fact.
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Bobcatflak

A real heavyweight (5)

Dr. Rolland Winston received the first annual Frank Kreith Award for his advanced original work in non-imaging optics, which improve the efficiency of solar power panels, among other applications. This year Dr. Winston also completed the first textbook on the subject.

If the community, the university, and its shared newspaper had any sense of priority in these matters, this item would have led, because this is authentic research, brought to fruition and of great potential significance.

We live in a community whose congressman, Dennis Cardoza, Polar Bear Slayer-Merced, has just introduced a modestly title bill, "Empowering America Act of 2006," to provide more federal government subsidies to the solar power industry. No more gutting the ESA for the former Shrimp Slayer. He's into
energy now.

Solar energy lobbyists analyze the bill this way:

The "Empowering America Act of 2006" would extend federal solar investment tax credits for homeowners and business through 2015, and make modifications similar to those contained in S. 2677 and H.R. 5206, the "Securing America's Energy Independence Act." The popular solar tax credits are currently set to expire next year.

In other words, small potatoes with a pompous title, about what we would expect.

We have also seen in the last week passage of a bundle of alternative energy bills in the state Legislature, the largest of which is the momentarily famous California Global Warming Solutions Act of 2006.

Kreith, a professor of mechanical engineering in Colorado, worked for years at the government's solar power lab in Golden.

Winston did most of his work at the University of Chicago. In 2004, a North Carolina-based company, Solargenix, obtained from the University of Chicago exclusive worldwide licenses and rights to develop and market Winston's technology for "all solar applications."

Art Linkletter, a Solargenix investor, proclaimed at the time with a hyperbole to which Cardoza could only aspire, “We have, through Dr. Winston, a patent on the sun.”

What Linkletter and other investors had, in fact, was technology good enough to interest Acciona, a Spanish construction and energy corporation, who bought a controlling interest in Solargenix in February of this year for around $30 million.

The solar industry strategy of the moment is to use solar power as a domestic or
commercial peaker plant, supplying the last 10 percent of energy during peak-use times. This seems to account for the problems of manufacturing and installation. The California bill provides more subsidy in the beginning than at the end of the program. It doesn't seem to make sense from the solar industry point of view, but it may relate to expectations of lower state revenues in coming years.

Cardoza installed solar panels on his house. More people in town ride bicycles, too, but mainly because they are desperately trying to save on gasoline bills. Cardoza's installation and a great many more like it, if they occur, are not going to lift this Valley out of the extreme non-attainment category it shares only with Los Angeles.

The problem is primarily the cars that come with all the new houses, not the houses themselves. But, if, like Cardoza, you've made your entire career out of politically clearing away obstacles to the manic growth boom -- starting with siting the UC campus in Merced on through the various attempts to change environmental law and pressure the regulatory process -- you have done nothing but worsen the environment and public health in Merced, feathering a few favored nests along the way.

It is almost impossible to imagine in the midst of this housing boom, but there are 10 states in the northeast and the midwest with static populations and North Dakota is losing population.

Hats off to Dr. Winston for his achievements. But, we should not be diverted by the glamor of UC technology or Winston's fame, from the fact that air quality, water quality and quantity, and public health diminish here with this manic construction boom induced by the location of UC Merced. In the Valley we don't need UC to teach us how pork barrels work and for how few they work.

Bill Hatch
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References

1. UC Davis takes stock of its own air impact
School with a reputation for environmental study tallies its greenhouse emissions as part of a climate registry program.
Sacramento Bee - Sept. 5, 2006

At the University of California, Davis, which prides itself on environmental research, eight cents of every research dollar goes to air-quality studies. Yet the university does not know how much its campus contributes to global warming pollution.
An answer to that question is coming.
As one of the newest members of the California Climate Action Registry, UC Davis is in the midst of calculating its own emissions of greenhouse gases.
Once an obscure exercise done mainly by organizations most interested in environmental stewardship, taking inventory of greenhouse gases is going mainstream ...

2. UC Merced opens room for technology
Merced Sun-Star - Sept. 7, 2006

Today's college students are accustomed to living in a technology-infused world. Laptop computers and the Internet are standard in most college classrooms.
But as a 21st century research university, UC Merced is aiming to take campus technology to the next level, university officials say.
In a small classroom on the second floor of the university library -- the Gonella
Discovery Room -- some of the latest technology is auditioning for a campuswide role.
Among the technologies the university is testing is a Smart Board, a modern-day chalkboard that operates electronically.
The 72-inch board allows instructors to project an interactive image of a computer screen large enough for students in the back of the room to see.
Colored electronic marking pens -- they work by sending signals to the computer
controlling the board -- allow teachers and students to "write" on the board over
projected information, such as lecture notes, outlines, maps or diagrams.
"This is like the IMAX classroom instruction," said Instruction Librarian Michelle Jacobs.
"It really engages students."

3. UC sues Santa Cruz over water measures that could limit expansion
San Francisco Chronicle
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/09/06/BAGD7L01C71.DTL&type=printable

The University of California is suing to block...city of Santa Cruz from casting ballots on two measures that could restrict expansion of UC's local campus...measures placed on the Nov. 7 ballot by the Santa Cruz City Council and would...give city voters the final say over providing water and sewer services for future campus growth. The university...opened its Santa Cruz campus in 1965, believes the measures would undercut and violate its historic water rights granted under agreements signed with the city decades ago. In two weeks, UC's governing Board of Regents is expected to discuss a long-range development plan that would expand the Santa Cruz campus northward to add about 4,500 more students by 2020. All of UC's nine undergraduate campuses are expected to grow in coming years. Measure I would bar the city from providing any municipal services for the northward expansion outside city limits until the university has mitigated any negative impacts from the growth, particularly on housing, traffic and water. Measure J would amend the City Charter to require voter approval before the City Council could provide water and sewer services for the new growth. The university's suit alleges that the city did not do an adequate environmental review as required by state law before
placing the measures on the ballot and did not provide enough opportunity for public review and comment. In addition, the suit says, the city and university have contracts dating to the 1960s for the city to provide UC Santa Cruz with water service. Under agreements from 1962 and 1965, the city is obligated to provide water services to all parts of the Santa Cruz campus, including areas outside city limits, the suit says. Santa Cruz City Attorney John Barisone...We are not opposed to growth. What we are opposed to is campus growth that is not mitigated....the city relies on surface water, and during the last drought, the city had to impose water rationing...the city wants the university to delay its expansion until the city knows it will have more water.

4. Professor to explore reasoning
Merced Sun-Star -- Sept. 8, 2006

The National Science Foundation has awarded a $300,000 grant to UC Merced professor Evan Heit to fund research that will explore human reasoning.
Heit will work with undergraduate students over the next three years to gain new
information about how humans make logical and intuitive decisions.
The research aims to produce a computer model of how the brain works when making decisions, and to determine if people can be taught to use logical deliberation, even when it conflicts with their intuition and personal beliefs.
Heit says the research is not only a way to discover new information about how humans think, but also an opportunity to engage more undergraduate students in research -- a top priority for the university.
Eventually, the research could help track the development of thinking skills in elementary and high school students.
UC Merced shares the grant with the University of Massachusetts, which will send graduate students to Merced to participate in the project.

5. Research honored
Merced Sun-Star -- Sept. 8, 2006

UC Merced professor Roland Winston has been honored for his research in solar technology.
The American Society of Mechanical Engineers, which honors innovations in conservation and renewable energy, chose Winston to receive its first-ever Frank Kreith Energy Award for his work in nonimaging optics.
Winston will accept the award in Chicago in November at the ASME's annual conference.

6. National Center for Photovoltaics, PV Roadmap, Executive Summary

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COME ON DOWN TO POMBOZASTAN!

Submitted: Aug 14, 2006

Members of the San Joaquin Valley public would like to invite you to the first annual UC Pombozastan Pot Luck.

We’ve got the barrel; you bring the pork.

Public/private partnerships get preferential picnic tables behind gated, straw-bale walls, just like they did it at the old-time Condit Country extravaganzas.

The Valley public would like to invite you all to Merced to help us get this UC Merced 900-acre expansion past them damn federal environmental regulators. Our largest developer, the University of California Board of Regents, is having trouble getting a pesky little Clean Water Act permit out of the Army Corps of Engineers so they can build on land in a ESA designated critical habitat area containing the richest fields in the state of vernal pools, environment for 15 endangered species of flora and fauna, for which one cannot help but think a responsible, institution of public higher education would have secured a permit before commencing construction. The UC Regents are at least not supposed to be typical California fly-by-night developers.

But, who cares? COME ON DOWN! Bring the People’s Money, we’ll run it through UC and it will pick up your tab. Stay anywhere, pay as much as you want for breakfast, lunch and dinner, rent only the most expensive cars – if you need further instructions we can refer you to UC consultants, who can teach you also how to add that absolutely mandatory 10-20 percent on every expense chit.

COME ON DOWN and see UC Merced, which the last state Senate Pro Tem called the “biggest boondoggle ever.” – New campus still faces obstacles, William Trombley, Spring 2004, National CrossTalk, a publication of National Center for Public Policy and Higher Education, http://www.highereducation.org/crosstalk/ct0204/news0204-obstacles.shtml

"I don't know why anyone would be surprised," said Patrick Callan, president of the nonprofit National Center for Public Policy and Higher Education, which has offices in San Jose and Washington, D.C. "It was just the wrong campus in the wrong place at the wrong time. It was pork-barrel politics and institutional arrogance that led us to this. There was a belief at UC that you could just hang a UC shingle out and that would attract students."

-- Merced: Some students at brand-new UC campus say they want out, Tanya Schevitz, San Francisco Chronicle, July 17, 2006, http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/07/17/BAGOLK0B6M1.DTL

And, hey, be sure to bring the People’s Money with you, because UC Merced wants all of it. UC’s talented team of tax-paid flaks and lobbyists can give you all the details. The effort will no doubt be headed by Rep. Dennis Cardoza, Shrimp Slayer-Merced. Surely, you know the Shrimp Slayer – he’s the guy who’s making Rep. RichPAC Pombo, Buffalo Slayer-Tracy’s war against the Endangered Species Act “bipartisan,” on behalf of a few developers, large landowners, financial institutions and realtors in their adjoining districts. Down here we call them the “Pomboza.”

WASHINGTON — ... On Tuesday, Cardoza and Pombo split roughly $50,000 raised at a bipartisan fund-raiser sponsored by prominent developer Greenlaw "Fritz" Grupe. Grupe is active in both San Joaquin and Stanislaus counties, with subdivisions underway in Modesto, Turlock, Hughson, Waterford and Stockton.
Grupe also favors the kind of collaborative work Cardoza and Pombo have done on the Endangered Species Act and other issues. While agreeing the joint fund-raiser held at the developer's Lodi ranch was "rather unique," Cardoza said it sent the right kind of signal.
"Frankly, if we cooperated more aggressively, we would all be better off," Cardoza said.

--Valley political bonds strong, Oakland Tribune, Apr 1, 2005 by Michael Doyle, MODESTO BEE http://www.findarticles.com/p/articles/mi_qn4176/is_20050401/ai_n14615689

What Cardoza calls aggressive cooperation, we call the Pombozation of the San Joaquin Valley.

COME ON DOWN TO POMBOZASTAN and watch Pombo and Cardoza pombozate the West’s federal resource agencies.

COME ON DOWN and bring us the People’s Money. We don’t have enough of it. You’ve no doubt read the Congressional report about how the San Joaquin Valley is poorer in some ways than Appalachia. We appreciate our subsidized water, our subsidized cotton, dairy and cattle industries, and all the health and human services aid you’ve been sending. But we need more of it, more and more and more of it. We can’t make it without more and more of the People’s Money down here in Pombozastan, the former San Joaquin Valley. And if we don’t get it, we’re going to pave over the largest, richest agricultural valley in the West.

So there!

COME ON DOWN!

Listen to the UC Merced Chancellor (until she quits at the end of the month)! We need a UC Merced research medical school down here to specialize in respiratory illnesses, cancer clusters, pesticide related diseases, diseases related to contaminated ground water, drug addictions, rural mental illnesses and disorders arising from bovine flatulence here in the epicenter of the dairy industry in the nation’s top dairy state. Pledge the People’s Money to build out UC Merced, which will stimulate a tremendous amount of growth because it will be the anchor tenant for development down the east side of the Valley from Sacramento to Kern counties along a planned eastside Highway 65 and an Eastside Canal.

COME ON DOWN TO POMBOZASTAN and help replace Valley life with mega-dairy subdivisions-in-waiting and slurbocracy. And while you’re at it, explain why you’re doing it, because we really don’t know and the Pomboza won’t tell. Nevertheless, Cardoza provides thoughtful continuity for the slurbocracy from his top floor offices in the Merced County Administration Building.

COME ON DOWN! We know this all sounds a little grim, but we want to assure you that the Valley is a really funny place. We’ve got comedians galore here in Merced. Consider the UC Chancellor Until the End of the Month, Carol Tomlinson-Keasey, for example. She had the whole Valley rolling on the floor in helpless mirth this week, when she told the McClatchy chain reporter:

"I needed to make (congressmen) aware that this is the beginning of the process," Tomlinson-Keasey said. "People speak out all the time and say their opinion, (but) I have talked with the Corps, and they have assured me they will play by the rules."

Choking back life-threatening guffaws, members of the public asked: “What rules could she possibly be talking about?”

Surely, she could not be talking about local, state or federal environmental law and regulation. Beyond urging the Pomboza onward to alter it to suit UC’s needs in eastern Merced County, she has no tolerance for it.

Surely, she could not be talking about the rules of good taste, whose university campus sponsors a yearly Fairy Shrimp Festival, hosted in its inaugural year by the unemployable son of a recently ousted provost.

Surely, she could not be talking about those rules of candor said to govern testimony before legislative committees.

Surely, she could not be talking about regulations governing the rehabilitation of wildlife, when she purloined a bobcat for the UC Merced mascot that should have been rehabilitated and released back into the wild.

Surely, she must be speaking about the UC RULE: UC is sovereign and gets what it wants.

Another great Merced comedian is the businessman Mr. UC Merced, Bob Carpenter, who appeared in the pages of the Los Angeles Times this morning:

So why didn't the university secure permission to build the entire campus before beginning work? "It's easy to criticize after the fact," said Bob Carpenter, a Merced resident who has helped with university planning for 18 years. "But you could argue that if you wait until all the I's are dotted and all the Ts are crossed, probably no projects would ever get done."

But then, the chancellor, not to be trumped in the comedy game by a mere UC Merced booster, even if Carpenter could be called, justly, The UC Merced Booster, concludes:

She expects the Merced campus to infuse the area with a smart-growth population and jobs. "We're contributing enormously to the community."
"We believe we deserve an Olympic gold medal, and not have every bump being foreseen as some Mt. Everest to climb."

An Olympic gold medal, some would say, requires a sports team of some sort. The UCM Golden Bobcats are undefeated so far, but they remain in smoky backrooms rather than taking the field in any sport in which they would have to play by any rules other than their own.

UC built the first phase of the Merced campus without getting a Clean Water Act permit. They spent millions in state public funds on conservation easements to mitigate for wetlands habitat, as the result of backroom deals in the state Capitol between the governor, congressmen, state legislators vying to see who was the Biggest Mr. UC Merced of them all, state and federal resource agency officials, The Nature Conservancy, the Audubon Society and other prominent state and national level environmental sluts. Yet, today, when federal agencies look at these easements, they discover many of them aren’t on the right land and have no financial mechanism for monitoring. In some cases, landowners are under the impression they can take millions in public funds for easements yet refuse to let resource officials on the land to monitor the condition of the natural habitat.

COME ON DOWN! The pombozated federal resource agencies are holding a raffle on our remaining natural resources, wildlife habitat and wetlands – piece by fragmented piece.

COME ON DOWN TO POMBOZASTAN! Watch the Developer Dutch Auction on San Joaquin Valley land-use planning.

COME ON DOWN! Watch the sales-tax increase sweepstakes so that the Valley can match funds with the federal government on new freeways, highways and loop roads to stimulate even more growth, as the rural county roads crumble before your eyes. Come on down and watch them fill the potholes in front of the Merced County Association of Governments office!

COME ON DOWN and learn the mystical process of making plans to make plans to make plans to make plans and get public funds to do it.

COME ON DOWN and listen to some whoppers about the Merced County water supply plan, which ain’t, but they all say it is.

COME ON DOWN TO POMBOZASTAN and observe, first hand, the latest design in up-scale yuppie labor camps – zero lot lines, no yards, parks and play areas closer to the freeway than to the home. Watch childhood asthma develop before your very eyes as you are stalled in freeway traffic.

COME ON DOWN and join the fun, if you want to play by the rules UC, the Pomboza, the developers and our wise, far-seeing local governments make up as they go along for the benefit of themselves and their families.

COME ON DOWN! We got a lake to sell you full of Anglo rowing teams.

COME ON DOWN! Maybe you can be an early student in UC Merced’s Coelho Institute of Honest Graft (and public policy), or the McClatchy/Singleton School of Conglomerate Media Management, or study the nanotechnology of nuclear weapons triggers. If you’re lucky and everything goes right, you might get a joint appointment with UC Lawrence Livermore National Laboratory to study Ebola and Anthrax in a genuine safety level 4 biowarfare lab.

COME ON DOWN TO POMBOZASTAN!

We got the barrel; you bring the pork.

Badlands editorial staff
---------------------------

Notes:

Los Angeles Times
Wetlands give UC Merced growing pains...Tanya Caldwell
http://www.latimes.com/news/local/la-me-merced13aug13,1,7214931,print.story
University of California Merced - which cost more than $500 million and took nearly 20 years to plan - still lacks federal permission to build on wetlands near the fledgling campus. UC Merced is developing 105 acres as part of Phase I of the campus and plans to build Phase II on 805 adjoining acres it purchased near Lake Yosemite...that second parcel includes 86 acres of federally protected wetlands. Now, university officials are hoping for an environmental permit to destroy the vernal pools on those wetlands and build, among other things, institutes to study the environment and energy. So why didn't the university secure permission to build the entire campus before beginning work? "It's easy to criticize after the fact," said Bob Carpenter, a Merced resident who has helped with university planning for 18 years. "But you could argue that if you wait until all the I's are dotted and all the Ts are crossed, probably no projects would ever get done." That's true especially in the era of the federal Clean Water Act, which demands permits before wetlands can be destroyed, said UC Merced Chancellor Carol Tomlinson-Keasey. "I think we've shown that this is a very reasonable site." The Corps released - and then swiftly rescinded - a draft environmental impact statement detailing concerns about losing the vernal pools. Corps officials said the draft was incomplete and had been released prematurely. They expect to issue an official draft in a few months. But the draft has already created a buzz in Merced, where the Merced Sun-Star and Fresno Bee ran stories July 29 in which a Corps official said a permit for the university's preferred expansion plan "will not likely be granted." Kevin Roukey, the Corps' senior project manager...quoted in the Sun-Star...the site's vernal pools have "basically been determined to be the best in the state, and maybe even the country." Some local environmentalists, such as Carol Witham, have threatened to sue if the Corps grants the permit despite what she calls the university's "flagrant disregard for federally protected land." "They assumed that by having the campus there, that they can force their way into building the rest of the site," Witham, founder of the website vernalpools.org, said of university officials. "We advised them early on that they should've done all of their permits ahead of time. They're essentially gambling with the taxpayers' money." Saturday - the chancellor released a statement saying that Roukey's evaluations "represent the personal opinions of a single individual" and don't foretell the Corps' final decision. Corps officials later agreed and said it was too early to predict what would happen at UC Merced. They added that concerns found in the report wouldn't necessarily be a deal-breaker for the university's proposals. For years, the chancellor said, the Central Valley has been "underserved." She expects the Merced campus to infuse the area with a smart-growth population and jobs. "We're contributing enormously to the community."
"We believe we deserve an Olympic gold medal, and not have every bump being foreseen as some Mt. Everest to climb."

Sacramento Bee
Comments...Pressure's on for UC campus expansion
http://www.sacbee.com/content/politics/nation/story/14292794p-15132061c.html
Should have located it at Castle...blindman at 3:37 PM PST Friday, August 11, 2006 wrote:
The infrastructure for a new community exists near Merced - it's the abandoned Castle AFB. As usual, UC administrators demostrate that those in ivory towers have little practical sense. A castle location would have been cheaper, and demostrated better overall stewardship of open space.

Stockton Record
Let's get serious...Editorial
http://recordnet.com/apps/pbcs.dll/article?Date=20060813&Category=OPED01&ArtNo=608130306&SectionCat=&Template=printart
More Californians are classified as being poor than at any time in the state's history. Only the Great Depression of the 1930s compares. One of every two public-school students is from a family that qualifies for federal aid. That's a staggering 50 percent. Poverty isn't an ethnic problem. It knows no skin color. It's not confined by geography. People can't build enough gated communities. Poverty crosses every line and creeps into every area of life. Those mired in poverty struggle through each day trying just to survive, unable to do anything meaningful to elevate themselves or their families. Too many leaders...consider progress to be more houses and businesses without adequately accounting for a deterioration in the quality of life for those unable to participate fully in that growth. Obviously, it's difficult to develop a truly meaningful blueprint for change, but we have to try. It's even harder to convince the comfortable and affluent that breaking the cycle of poverty is in their best interest, too. If we don't, an ever-widening gap between rich and poor will reshape California and San Joaquin County in regrettable and regressive ways.

Inside Bay Area
UC, lab, want to build huge biodefense lab...Ian Hoffman
http://www.insidebayarea.com/search/ci_4176406
On rolling, grassy hills between the Bay Area's cities and the farms of the Central Valley, the University of California and scientists of Lawrence Livermore National Laboratory see a sprawling biodefense lab as large as two Wal-Mart Supercenters. The University of California and Lawrence Livermore lab are proposing construction in the middle of the lab's Site 300, a once-remote explosives testing area. University officials have rounded up endorsements from the mayor of Livermore to U.S. Rep. Ellen Tauscher, and from the state Food and Agriculture Secretary A.G. Kawamura to the California cattlemen's and poultry associations. Much of the new lab would operate at Biosafety Level 3, a category of biocontainment used for plague and tularemia. But some of the lab, perhaps a fifth or more, would operate at Biosafety Level 4, the highest level of biocontainment. BSL4 is reserved for diseases having no known vaccine such as Ebola hemorrhagic fever, foot and mouth disease or avian flu and requiring researchers to wear "moonsuits" inside airlocked labs. Federal officials have not elaborated on exactly which microorganisms would be studied in the new lab and the degree to which those germs would be modified. The university rejected a request by Tri-Valley Citizens Against a Radioactive Environment, a Livermore lab watchdog group, for a copy of its proposal. Twenty-nine teams, mostly led by U.S. universities, leaped to make proposals. On Wednesday, the Homeland Security Department narrowed the list to 18 teams in 11 states. A smaller list of semi-finalists will be visited by federal officials in October, and the finalists will be evaluated in a full, environmental impact study over the next year, with a final decision in July 2008 and operations in 2013.

Santa Cruz Sentinel
Tensions mount over USCS growth...Shanna McCord
http://www.santacruzsentinel.com/archive/2006/August/13/local/stories/01local.htm
The battle to stop UC Santa Cruz from expanding student enrollment by nearly 50 percent to 21,000 in the next 15 years, along with 2,000 new faculty and staff members, came to a head this week. The University of California threatened to sue the city unless two measures were pulled off the November ballot that seek to stop growth identified in the long-range development plan without UCSC paying its share of impacts on city services such as water, housing and transportation. Almost in the same breath, UC last week offered the city a proposal if the ballot measures were halted. Details of the proposal were not released publicly. The City Council, during a special closed-session meeting Wednesday, unanimously rejected the University of California's proposal and agreed to move forward with the ballot measures even if that means a lawsuit looms. It won't be known exactly how much the city is seeking from UCSC for mitigation costs until a final environmental impact report for the long-range development plan is certified. Since UCSC's long-range development plan of 1988 was written, the university has paid the city roughly $1.2 million to help cover off-campus impacts on infrastructure, including water pump upgrades, a new traffic signal, new turn lane and widening Mission Street. Looking at UCSC's projected water use in the future shows increased demand of 500,000 gallons a day, bringing total daily use at the campus to 2.5 million gallons, which Kocher says the city doesn't have the capacity to provide. To meet the increased water demand, Kocher said UCSC would be forced to rely on the proposed $40 million desalination plant. The additional 500,000 gallons a day for UCSC represents about one-fifth of the desalination plant's estimated capacity, which Kocher said would mean the university should contribute one-fifth of the cost - $8 million - toward its construction and operation. City and county leaders won confidence that the Santa Cruz ballot measures would be less at risk of drawing a lawsuit after the state Supreme Court recently ruled that California State University can't skirt its obligation to pay for off-campus impacts associated with growth.

8-10-06
Merced Sun-Star
UC Merced seeks aid of lawmakers. University looks to Congress to allow expansion plans...Michael Doyle, Sun-Star Washington Bureau
http://www.mercedsunstar.com/local/story/12569266p-13279371c.html
WASHINGTON -- UC Merced advocates are turning the political dials to avoid permit problems with the Army Corps of Engineers...university's chancellor is calling members of Congress. Lawmakers are leaning on the Corps...all in hopes of salvaging a 900-acre expansion plan favored by the university. "This project is too important to face setbacks over communication," Jennifer Walsh, chief of staff for Rep. Dennis Cardoza, D-Merced... The joint university and congressional maneuvering follows a warning - since disputed - that UC Merced's preferred expansion plan probably won't get a permit... Tomlinson-Keasey stressed that Roukey's comments should be considered personal and not a foreshadowing of the final Corps decision. "I needed to make (congressmen) aware that this is the beginning of the process." "People speak out all the time and say their opinion, (but) I have talked with the Corps, and they have assured me they will play by the rules." One San Joaquin Valley congressional tactic now is to ensure that officials more senior than Roukey are engaged in the project, one congressional staffer explained. This entails enlisting officials both at Corps headquarters in Washington and California. "Political pressure has driven a lot of this project from the start," said Carol Witham, founder of the Sacramento-based organization called VernalPools.org. "The draft as originally written would not have withstood a legal test,..."but I think they were under pressure by the university." The university's stated position is that the alternative campus sites are "not reasonably available, obtainable or practical because they would require the acquisition of dozens of new tracts of land, in contiguous parcels, from many different owners, at a cost of more than $100 million in new taxpayer outlays."

8-4-06
San Francisco Chronicle
UC barred from deciding pay packages in private...Patrick Hoge
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/08/04/BAGENKB8LT1.DTL&type=printable
An Alameda County judge has given The Chronicle a partial victory in a lawsuit by ruling that a committee of the UC Board of Regents cannot decide behind closed doors whether to recommend pay packages for top officials...said the University of California's regent committees cannot make "a collective decision'' in closed session on possible future action to be taken concerning compensation matters. Superior Court Judge Winifred Smith ruled against The Chronicle, however, on other elements of the newspaper's lawsuit, which sought to force the regents' compensation committee to meet in public when it discusses pay for its top 20 officials...said discussion of compensation in closed meetings is legal under state law if no action is taken. She also declined to order UC to tape future meetings of its Committee on Finance and Special Committee on Compensation...also rejected The Chronicle's request that UC be compelled to divulge minutes and other records from previous committee meetings that dealt with compensation. Assemblyman Leland Yee, D-San Francisco, introduced a bill, AB775, that would require UC to open its compensation meetings. The bill -- opposed by UC officials -- passed the state Senate Education Committee, and is scheduled to be heard in the Senate Appropriations Committee on Monday.

City officials blast UC development proposal...Rick DelVecchio
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/08/04/BAG2AKB7KU1.DTL&type=printable
UC Berkeley's planning for a new sports and academic complex is flawed because it doesn't deal with the impact of a major disaster in a remote part of campus split by the Hayward Fault and fails to seriously look at alternatives... Cal's draft environmental impact report describing the Southeast Campus Integrated Projects should be redone because it lacks detail on the impact of the developments described in it and on possible alternatives, City Manager Phil Kamlarz said in a letter to campus planners. Despite the university's name for the plan, the projects aren't really integrated and are being presented in a way that's against the spirit of state law requiring detailed environmental review, Kamlarz said.

7-21-06
San Diego Union-Tribune
UC regents retroactively approve lucrative compensation packages … Eleanor Yang Su
http://www.signonsandiego.com/uniontrib/20060721/news_1n21uc.html
SAN FRANCISCO – University of California regents retroactively approved lucrative benefits and payouts yesterday to dozens of UC executives whose compensation had been criticized in recent months as being in violation of university policy.
In one instance, regents decided to not only retroactively approve but also continue a monthly payment to UC San Diego Medical School Dean Edward Holmes, whose case was highlighted in a state audit in May as problematic.
The state audit had found that Holmes had been overcompensated $128,649 since 2002 because he had received an extra $5,000 per month to offset money he paid to UC San Diego for earnings from his external board service.
UC policy requires certain health science employees who receive stock from corporate boards to provide a percentage of the value of the stock to the university. Even after Holmes fulfilled his percentage, UCSD continued to pay him the additional money per month, according to the audit.
Yesterday, regents defended their decision to continue paying Holmes and many others, stating that they are underpaid compared to their peers at other universities.
“What happened here was not that someone received money that they should not have received,” said Regent Judith Hopkinson. “What happened was there was money that was approved at a level that didn't include regent approval.”
Hopkinson added that in Holmes' case, he was promised that the extra income would be part of his permanent salary. His current annual salary is $453,400.
“He was entitled to it,” Hopkinson said. “It was the honorable thing to do because he was represented that this, in fact, was his new salary.”
Regents, however, have decided to seek repayment in at least two situations. Regents authorized the university to negotiate some repayment by UCSD Senior Vice Chancellor Marsha Chandler for an $8,916 auto allowance she inappropriately received while on sabbatical in the 2004-05 fiscal year. The allowance was paid in violation of UC policy, according to the regents item …

8-10-06
Merced Sun-Star
Sheriff's brother evaded DUI jail time...Chris Collins
http://www.mercedsunstar.com/local/story/12569265p-13279409c.html
When Sheriff Mark Pazin's brother showed up to court in March to be sentenced for a drunken- driving arrest last year, a judge told him he had to pay a fine and take a class. It turns out that despite a policy to almost always bring DUI offenders to jail -- or at least fingerprint and photograph them -- after they are arrested, Merced police decided to forego that procedure with Pazin, the Sun-Star has learned. Instead, police reports show, an officer called the sheriff on a December night and told him to pick up his intoxicated brother. Booking information would have been sent to the state Department of Justice, said David LaBahn, who heads the California District Attorney's Association. In this case, Richard Pazin's arrest file will be "incomplete" and without a photo and fingerprint -- leaving open the possibility that his 2005 DUI conviction could be challenged if he was caught driving drunk again, LaBahn said.

Maneuvers on measures reveal who pulls strings...John Michael Flint
http://www.modbee.com/opinion/community/story/12569317p-13279474c.html
Item 1 — Our Board of Supervisors recently made sure the "Stamp Out Sprawl" measure would not appear on the November ballot. The maneuver, though sleazy and cynical, was entirely legal — and it produced an outpouring of shock, outrage and criticism. What do the following have in common: Bruce Frohman, Denny Jackman, Balvino Irizarry, Carmen Sabatino? All faced opposition from candidates funded by real-estate developers. All were handily defeated
Item 2 — A week after derailing the sprawl measure, the supervisors voted to put the long-awaited road tax (Measure K) on the November ballot, and anyone who tells you this isn't a cost of growth is shining you on. It will be promoted relentlessly - by the Chamber of Commerce, the real-estate industry and this newspaper... Also answered, as if it weren't already obvious, will be the question of who really pulls the strings hereabouts.

Modesto Bee
Officials seeking help with growth...Tim Moran
http://www.modbee.com/local/story/12569320p-13279458c.html
Stanislaus County's mayors and county supervisors say they want to wrestle control of the county's future from big developers, but they need to hire someone to help them do that. The mayors and supervisors have been meeting to develop a blueprint for what the county should look like in 50 years — where it should and shouldn't grow and what kinds of public facilities will be needed to handle that growth. Supervisor Jim DeMartini said such plans need to protect farmland from developers. "The problem is, some developer comes in from out of town, options a bunch of land, and pressures the council to grow another way … They really only care about the land they control," DeMartini said. "We really need to work together."

Tracy Press
Bioterror...Eric Firpo
http://www.tracypress.com/local/2006-08-10-Bioterror.php
A bomb test site in the hills upwind of Tracy has made the “short list” of 18 spots where a research laboratory might be built to help protect against bioterrorism, the Department of Homeland Security announced Wednesday. Homeland Security is looking for a spot to build a 500,000-square-foot research lab to replace a similar, but antiquated, laboratory at Plum Island in New York, which was built in the 1950s. The University of California asked to run the new lab at Site 300, 7,000 acres in the hills west of Tracy that’s part of the Lawrence Livermore National Laboratory. Homeland Security said the UC has made the first cut, along with 17 other applicants in 11 states. Now that Site 300 has cleared its first hurdle, the anti-nuclear group Tri-Valley CAREs is launching an effort to prevent it from being built west of Tracy...group fears the new lab will research bioweapons, since it will have Level 3 and Level 4 labs...says a nuclear laboratory is no place for a biological laboratory because it sends a message that the lab will be used to develop offensive bioagents instead of trying to defend against them.

8-9-06
Merced Sun-Star
Director of university dining hall out of job...Corinne Reilly
http://www.mercedsunstar.com/local/story/12564634p-13275230c.html
UC Merced's director of dining and retail services has resigned following an investigation by UC auditors that determined he used university vehicles for personal business, purchased food for his private catering business using UC credit accounts and regularly took food from the university without payment. Prompted by a whistleblower complaint, the university began examining possible policy violations by Thomas Welton in April. Welton told investigators he was unaware of a university policy that prohibited personal use of university cars, used university credit accounts to purchase nearly $2,500 in merchandise, much of which he used for his private catering business, investigators found. Vendor records showed that Welton's wife -- who isn't employed at UC Merced -- signed for some of the purchases. While Welton eventually paid vendors for the purchases, he used university credit to delay personal payment, and only made the payments after the university's investigation began.

8-8-06
Merced Sun-Star
County violating sell-back policy...Chris Collins
http://www.mercedsunstar.com/local/story/12560598p-13271482c.html
An investigation that the Merced County Retirement Board launched last month to look into the legality of new perks given to the county's CEO has found something even more troubling: The county has been overpaying 25 retired employees -- mostly top-level managers and elected officials -- by thousands of dollars each year... inquiry found that the county has been violating the terms of a 2000 legal settlement -- known as the Ventura Agreement -- that limits the number of vacation hours county employees can "sell back" to boost their pensions. San Francisco attorney, Ashley Dunning said in an interview that the Ventura Agreement "could not be clearer" in limiting how many sold-back vacation hours can count toward pensions. Kathleen Crookham, who is the only supervisor who sits on the retirement board and voted to give Tatum the extra sell-back hours, said she also is OK with the retirement board's legal findings. "I guess if that's the legal opinion, you know what, I support it," she said.

8-12-06
Merced Sun-Star
Pension policy rips off taxpayers...Our View
http://www.mercedsunstar.com/opinion/story/12579690p-1328813
...Merced County has decided to cut back the pensions of 25 retirees that were inflated by a complex vacation "sell-back" that boosted their final year's salary, which is used to calculate the pension payouts they earn every month for the rest of their lives. Instead of being able to sell back 240 hours upon retirement -- or even more for CEO Dee Tatum, who has a separate contract with the board -- the new limit will be 160 hours. But why stop there? We don't think county employees should be able to boost their retirements at all with this bogus vacation "sell-back," which is mandated by something called the "Ventura Agreement." It's the gift that keeps on giving -- all at taxpayer expense. And our local politicians wonder why voters turn down tax increase measures.
Sheriff wasn't involved...Michael H. Sofranek, Catheys Valley...2nd letter
I retired from the Merced County Sheriff's Department's Corrections Division. Knowing the system and knowing how the system works, I do believe the sheriff would not interfere with the process, but I do not believe that the sheriff was not aware that his brother slipped through the cracks in serving his jail time.
Sell-back hours ridiculous...Phil McDaniels, Merced...3rd letter
Let me see if I have this right: The county retirement board increases the sell-back vacation hours for the county CEO, Dee Tatum. Then, as the stink from this rises, the board decides to get a legal opinion and hire outside counsel...investigation shows... they've been committing a no-no since 2000. The first question...how much of an overpayment are we talking about and how does the board plan on getting it back? Secondly, couldn't some common sense be used next time and get a legal opinion first?

March 10, 2006
Badlandsjournal.com: Merced County Development Rodeo: Ranchwood Event

San Joaquin Raptor/Wildlife Rescue Center and other members of the concerned public always wondered how developers in Merced County rode roughshod over local, state and federal environmental laws, regulations, agencies and its own public. But, rarely have they been granted the insight provided by this telephone message, recorded on Feb. 3, 2006.
Badlands has blocked out the last two numbers of the telephones the developer left for return calls from the supervisor he thought he’d called as a courtesy to the developer.
Mrs. Crookham, this is Greg Hostetler calling. My cell number actually is 704-13** if you need to call me. I’m on a cell phone cause my other battery I’m trying to save that, preserve it you know. I’m into preserving things too from time to time, but anyway, uhm, I’m just calling you, uh, to let you know that…ah if you don’t already know… that we’ve had a lot of drama and trouble in the county … everywhere I do business [inaudible] apparently I guess because of Mrs. uh…Mrs. Deirdre Kelsey ah… thinks staff may need some help, because she’s climbing all over them… using [inaudible] staff for her personal pit bulls…trying to bite our people, and our staff — this is my opinion — causing a lot of drama in Livingston, for the City of Livingston and we’re trying to uh in the progress of uh in the process of installing a sewer line over there. If you haven’t talked to Dee Tatum, he could fill you in on what’s going on over there. But uh this probably will not end any time soon. So, I just wanted to give you the update, and if you could give staff any help I’d appreciate it… Thank you! ...

Consult Badlandsjournal.com for a number of posts on government in Merced County, for example: Byrd sues on civil rights violations, July 28, 2006, which includes a brief filed in federal court against the county DA, the Sheriff and other county notables, and notes, including the news clips cited below:

7-15-06
Merced Sun-Star
Amid turmoil, Spencer quits…Chris Collins
http://www.mercedsunstar.com/local/story/12456073p-13175492c.html
After a tumultuous week that included a dramatic car crash, a concussion, calls from the Board of Supervisors to step down, and continuing criminal investigations by the state Attorney General’s Office, District Attorney Gordon Spencer said on Friday he will resign immediately. A spokesman for the Attorney General’s Office said his agency will continue to investigate Spencer.

7-14-06
Merced Sun-Star
County workers get brush up on ethics…Chris Collins
http://www.mercedsunstar.com/local/story/12450025p-13170424c.html
Amid investigations by the state Attorney General’s Office and growing questions about government accountability, county officials got an earful from Graham and other ethics speakers this week. All county department heads and elected officials, as well as middle managers, were required to go to Graham’s session on Monday. Elected officials and top-level employees also had to go to a two-hour course Tuesday taught by a Sacramento law firm that reviewed accepted guidelines for government openness and accountability. But not everyone attended…four officials, including Spencer, didn’t go to Monday’s meeting… Spencer, who was in the hospital Tuesday after a car accident Monday, didn’t attend Tuesday’s session. The four no-shows Monday — Spencer, Supervisor Deidre Kelsey, Human Services Agency Director Ana Pagan and County Counsel Ruben Castillo — must go to Graham’s Aug. 24 course for low-level managers if they want to keep their allowances. Morris said Kelsey had a family emergency and Pagan had a medical emergency Monday. He said he didn’t know why Spencer and Castillo didn’t attend. Supervisor Kathleen Crookham…felt Hedlund’s session was “dull,” she was glad to attend the ethics courses. “It reinforces the kind of things we should remember,” Crookham said.

Correction…Last Updated: July 14, 2006, 02:51:25 AM PDT
http://www.mercedsunstar.com/local/story/12450026p-13170466c.html
• A headline on Page A1 of Thursday’s Sun-Star about District Attorney Gordon Spencer was incorrect. No representative from the hospital said Mr. Spencer suffered a head injury.

7-12-06
Merced Sun-Star
D.A. still in hospital…Scott Jason
http://www.mercedsunstar.com/local/story/12439963p-13161488c.html
The Merced County district attorney remained in the hospital Tuesday night with short-term memory loss after a rollover crash Monday night, his attorney said. The California Highway Patrol is continuing its investigation into the crash, though it doesn’t look like any charges or citations will be filed, Public Information Officer Shane Ferriera said. Spencer called his wife from Smith’s phone, and she took him to the hospital… The investigating officer interviewed Spencer at the hospital and tested him for driving under the influence…said the test includes looking for the smell of alcohol, slurred speech or red, watery eyes. Ferriera said he did not know if Spencer was given a breathalyzer test.

Panel may ask Spencer to resign from his post…Chris Collins
http://www.mercedsunstar.com/local/story/12439964p-13161513c.html
Merced County Supervisor Jerry O’Banion said Tuesday that embattled District Attorney Gordon Spencer should resign immediately to help restore the District Attorney’s Office from months of “turmoil.” O’Banion told supervisors at their meeting Tuesday that he wants the board to vote sometime soon on whether Spencer should resign. He later said the vote will be at the supervisors’ next meeting on Tuesday. “I’m not going to take any action until we have the attorney general’s report,” Kelsey said…”I’m not going to let the newspaper tell me what to do and I’m not going to grandstand for the public or for the newspaper.” “We don’t have all the facts.” O’Banion brushed aside Kelsey’s accusations
…”I don’t look at it as grandstanding, I look at it as a responsibility we have to take back a department that is in turmoil.” Supervisor Mike Nelson…when asked if Spencer should resign, he replied. “It would be nice if he would do that, yeah.”

Police chief secrecy isn’t right way…Our View
http://www.mercedsunstar.com/opinion/story/12439980p-13161532c.html
Plenty of mystery surrounds the disappearance and alleged kidnapping of Kou Xiong, the Merced Police Department officer who was missing for two days before being located in the Madera County foothills. Now, after an internal affairs investigation by the police department, we’re told Xiong is no longer on the force. But that’s it as far as any official accounting of what may have taken place. The public deserves more of an explanation than that…police officials should divulge some reason for Xiong’s termination.

Letters to the editor:
Spencer should step down
…Mark Seivert, Merced
http://www.mercedsunstar.com/opinion/story/12439981p-13161523c.html
Editor: How many investigations need to be done on our district attorney from the state Attorney General’s Office before we demand he step down? I think three in one year should be more than enough for anyone.
Pazin’s actions a let-down…Phil McDaniels, Merced
http://www.mercedsunstar.com/opinion/story/12439957p-13161493c.html
Editor: With Gordon Spencer involved in Cellphonegate and SUVgate, it is not surprising to find him involved in yet another scheme as nefarious as the purchase of land of a jailed man. What is surprising is the behavior and attitude of one of his partners, the sheriff of Merced County… Sheriff Mark Pazin admits to knowing who the seller of the land was in the “final stages of the deal.” …the sheriff let the chase for big bucks place a cloud over his name and the office of sheriff of Merced County.

7-11-06
Merced Sun-Star
District Attorney Spencer injured in creek car crash…Scott Jason — Chris Collins; — Mike De La Cruz; — The Associated Press
http://www.mercedsunstar.com/local/story/12435800p-13157709c.html
The Merced County district attorney was taken to the hospital Monday night after he rolled his Ford pickup truck into Bear Creek, a California Highway Patrol officer said. For unknown reasons, Spencer let the Ford F-150 pickup truck drift off the road and into the creek, he said. …CHP Web site said the victim in the crash had minor injuries.

7-8-06
Merced Sun-Star
Spencer purchased land from jailed man…Chris Collins
http://www.mercedsunstar.com/local/story/12425122p-13147572c.html
California Attorney General Bill Lockyer has launched a third investigation into Merced County District Attorney Gordon Spencer, this time examining whether Spencer committed a crime when he and a group of local investors bought a piece of property from a man who was sitting behind bars and facing charges from the District Attorney’s Office. The latest investigation comes on top of an ongoing criminal probe into Spencer’s potential embezzlement of public funds and an inquiry last December that found Spencer had impersonated an investigator. The attorney general is now looking into a 21-acre lot on Bellevue Road that Spencer, Sheriff Mark Pazin, Ranchwood Homes owner Greg Hostetler, and five other prominent locals purchased in 2004. The intersection of the two events created a clash that was “absolutely impermissible” by attorney ethics standards, said Weisberg, the Stanford law professor. “There was a conflict of interest. ” Dougherty, the county’s presiding judge, said Spencer never told Byrd’s attorney about his involvement in buying Byrd’s land. Kelsey said she always has been troubled that the sheriff and district attorney joined one of the county’s biggest developers to buy the land.

7-5-06
Merced Sun-Star
Tatum had a smorgasbord…Phil McDaniels, Merced…Letters to the editor
http://www.mercedsunstar.com/opinion/story/12409089p-13133720c.html
Editor: Many thanks to City Editor Mike Fitzgerald for putting in words how many voters feel about the Merced County Board of Supervisors and its constant giveaway of our money to the hierarchy of county government. For someone who flew low under the radar during the Gordon Spencer matter AND the department heads’ perks matter, County Executive Officer Dee Tatum surfaced long enough for another feast at the public trough. The board members have been in office too long and have lost sight of who they work for and who their decisions should benefit.

6-21-06
Merced Sun-Star
County supervisors clarify management policies…Chris Collins
http://www.mercedsunstar.com/local/story/12347503p-13077932c.html
Board of Supervisors approved sweeping changes on Tuesday to Merced County’s policies on car and phone allowances given to top-level employees…also set new ethics training requirements and accountability standards for elected officials and department managers. It was the first official action the supervisors have taken in response to District Attorney Gordon Spencer’s misuse of government equipment…county Auditor Stephen Jones said that the county’s attorney, Ruben Castillo, had advised him that a state law giving district attorneys and sheriffs the right to charge business expenses to the county may also give Spencer legal grounds for getting both a county phone and an allowance. The revised policy means:
• The 33 “A-level managers” in the county, which includes department heads, supervisors and other elected officials, must now sign a new form each year that says they will use their own car and phone for their jobs if they choose to receive monthly allowances as reimbursements.
• The state-mandated conflict-of-interest disclosure forms that county department heads and elected officials fill out each year will now be frequently audited by an outside firm.
• All department heads and elected officials must now attend an ethics training course once a year or lose out on their phone and car allowances.

6-15-06
Merced Sun-Star
Valley politicians report lands sales, wealth…Michael Doyle, Sun-Star Washington Bureau
http://www.mercedsunstar.com/local/story/12321524p-13054529c.html
WASHINGTON — San Joaquin Valley lawmakers are a diversified lot, especially when it comes to their personal finances. They own land, though not necessarily as much as they used to. They own stocks. Several have spouses pulling political salaries. Cardoza reported that, last October, he sold 6.2 acres in Atwater. The land at the intersection of Bellevue Road and Redwood Avenue brought the Cardoza & Cardoza Landholding Partnership between $500,001 and $1 million. Cardoza turned to stocks. He reported purchasing some 32 different stocks in November and December. Cardoza’s wife works as a physician in Merced.

Crookham is off the mark…Lorraine Dawson, Merced
http://www.mercedsunstar.com/opinion/story/12321534p-13054545c.html
Editor: Some Merced County supervisors dismissed concerns that their allowances were excessive. Supervisor Kathleen Crookham said she was frustrated that questions were being asked about her pay. “It’s really unfortunate when this kind of scrutiny takes place.” “And then it’s really unfortunate when no one wants to run for office because they come under that type of scrutiny.” “Does the rest of the world have to justify what they spend? No. This is a thankless job and one you don’t get rich on.” Mercedians have a right to know where the tax revenue is spent and why. Then there was this comment in a May 2 Sun-Star story: “Supervisor Kathleen Crookham said she’s known for the past few months that (District Attorney Gordon) Spencer has been using a county vehicle while receiving a car allowance at the same time, but she said she doesn’t think it’s a serious violation.” Look no further than comments like these as to why Measure A was not passed.

6-13-06
Merced Sun-Star
OES faults Spencer over grant…Chris Collins
http://www.mercedsunstar.com/local/story/12312342p-13045915c.html
The state Office of Emergency Services says it will closely scrutinize Merced County’s use of grant funds in the future after a report it released Monday concluded that District Attorney Gordon Spencer violated the terms of an OES grant. State will monitor county closely but funds won’t have to be repaid. The report also found that the District Attorney’s Office misled OES when it said it would assign a full-time deputy district attorney to prosecuting people who committed rural crimes. The OES report found three other grant violations:… There is no set deadline for when the attorney general’s report will conclude.

Letters to the Editor…Last Updated: June 13, 2006, 01:52:58 AM PDT
http://www.mercedsunstar.com/opinion/story/12312355p-13045923c.html
County wears blindfold…James V. Haslouer, Merced…1st letter
Editor: So let me see if I understand this correctly. If you are a county employee and you jeopardize a state- funded program for your own personal pocket stuffing and accept false cell phone and vehicle reimbursements (embezzlement), you can then use those monies to compute and enhance your retirement! …who was signing the vouchers that District Attorney Gordon Spencer was submitting for five years or perhaps even longer? Pay Spencer more than $150K a year for what? His disdain for the law is obvious.Supervisors, stand up for your constituents and do the right thing.

6-3-06
Merced Sun-Star

Spencer violated Grant…Chris Collins
http://www.mercedsunstar.com/local/story/12270485p-13006930c.html
District Attorney Gordon Spencer violated the terms of a grant by driving a $27,000 SUV that he was never supposed to use, a report by a private auditing firm has found…conducted by Sacramento-based Macias, Gini and Co. The SUV, a 2005 Ford Expedition, was purchased a year ago with money from a state grant and was intended for Chief Deputy District Attorney Larry Morse. Instead, the vehicle was “assigned solely to the County’s District Attorney,” the report concluded…”could jeopardize eligibility of the vehicle” and future funding from the grant. “It basically reinforces the fact that the car was not supposed to be used by the individual who was using it,” county Supervisor Jerry O’Banion said. Last month, the state Attorney General’s Office launched an embezzlement investigation into Spencer’s use of county-owned equipment. The Office of Emergency Services is making its own inquiry into Spencer’s actions. Both investigations are ongoing.

July 16, 2006
http://abclocal.go.com/kfsn/story?section=local&id=4372012
ABC Action News 30
Fire Damages Offices at Merced County Courthouse
July 16, 2006 - A scandal forced their boss to leave and now there's a new struggle for Merced County prosecutors after fire tore through their offices over the weekend.
Investigators will begin digging out the five offices on Monday, hoping to find out what started the fire. For now, they are breathing a sigh of relief after rescuing a very important case file from the burned building.
Once the smoke cleared, investigators and county leaders got a glimpse of the damage.
"The intensity of the fire was severe. It had buckled a lot of the metal, windows had been blown out, desks, chairs and such were absolutely melted to the ground," said Merced County Sheriff Mark Pazin.
Fire officials say the west portion of the building suffered the worst damage. Four district attorneys offices are ruined, two others damaged by smoke and water and two courtrooms unusable because of the intense heat.
"At the height of the firefight operations, we actually had flames I would estimate to 50 to 60 feet in the air above the building. Very major major operation," said Merced Fire Chief Ken Mitten.
The fire came just two days after District Attorney Gordon Spencer resigned in the middle of three separate investigations by the attorney general's office. His office was not in the building that caught fire and officials do not believe there is any relation between the two sudden events.
Incoming district attorney Larry Morse left the building just three and a half hours before the blaze began.
"I'm sure I was the last one to leave this building. It was close to 2:00am when I left. I didn't see anything remotely suspicious. I've been in the office until one or two for the last seven or eight days, as you are during trials," said Morse.
Morse says one of the files that burned in a felony office is the case against Tao Rivera. Police say he's the Merced gang member who gunned down police officer Stephan Grey. Luckily, Morse found a copy that was spared in his office. He has now moved it to a safe location.
He says many other criminal cases also went up in smoke, but he doesn't think any accusers are off the hook, because multiple copies are usually made on each case.
Despite the damaged courtrooms, court will go on as scheduled. Those cases set for the affected courtrooms will be moved to other buildings in the complex.
Fire damages are about $750,000

November 17, 2005
Modesto Bee
UC regents increase fees by 8 percent…Michelle Locke, AP
http://www.modbee.com/local/story/11490731p-12229564c.html
Cost of going to university has going up 89% since ‘01. The vote came amid heightened criticism of the UC’s spending after reports in the San Francisco Chronicle that the UC has paid millions in bonuses and pay hikes to top executives. …students were not happy with the hikes, demonstrating their opposition by chanting “Education, not corporation!”

Merced Sun-Star
UC tuition fees going up again…Rosalio Ahumada
http://www.mercedsun-star.com/local/story/11491100p-12229815c.html
Students will pay about $500 more per year. UC Merced Chancellor Carol Tomlinson-Keasey said she knows some students are struggling with educational costs, but the fee increases are needed right now. “We certainly don’t want to exacerbate that,” Tomlinson-Keasey said of student financial woes. About 80 percent of UC Merced’s inaugural class applied for and received financial aid, and 64 percent of those students qualified for need-based financial assistance, according to campus records.

Sacramento Bee
Fifth fee hike since ‘02 gets UC regent OK…Leslie A. Maxwell
http://www.sacbee.com/content/news/california/story/13870111p-14709573c.html
UC officials said the fee increases - part of a $2.9 billion budget that they will request from the Legislature for next year - were necessary to maintain their “compact” with Gov. Arnold Schwarzenegger. Assembly Speaker Fabian Núñez, D-Los Angeles, argued for the board to hold off on the hikes until Schwarzenegger unveils his new state budget proposal in early January. Much of the audience also was angry about recent news reports that hundreds of UC’s senior-level employees received generous housing allowances, bonuses and other perks during a budget crunch.

San Francisco Chronicle
UC president promises increased disclosure about pay packages. Task force also will consider further policy changes…Tanya Schevitz, Todd Wallack
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/17/BAGVTFPO5L1.DTL&type=printable
After facing days of withering criticism, University of California leaders promised Wednesday to disclose more information about how much they pay employees. ” Dynes promised that UC would: … — Provide regents with a summary of UC leaders’ total compensation once a year, including outside income. Dynes said he wasn’t sure whether that information would be released to the public. There is a dark cloud over the university that we really have to reckon with, and it speaks to the question of transparency and honesty,” Assembly Speaker Fabian Núñez, an ex-officio regent, said. “There is a lot of outrage,” said Bruce Fuller, professor of public policy and education at UC Berkeley. “Is the quality of the university really tied to attracting managers, or is it tied to attracting top faculty?”

Zero hour for Los Alamos. UC has run the nation’s top weapons lab for six decades.
Will it all end this week?…Keay Davidson
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/17/MNGQ9FPOD81.DTL&type=printable
Los Alamos National Lab…climax of a four-year saga: a decision that will determine who runs the world’s most glamorous and controversial nuclear weapons lab and that also could end the University of California’s unchallenged six-decade domination of the U.S. weapons program. An announcement could come soon, perhaps even Friday. UC and its industrial partners, including San Francisco-based Bechtel National Inc., are competing for the contract against aerospace giant Lockheed Martin Corp. and its allies — the huge University of Texas system, several New Mexico universities and various industrial partners. Loss of the contract by UC would be a crushing blow to the university system’s reputation and, perhaps, to the state of California, which owes much of its international economic clout and attractiveness to investors’ perception of the state as the Nobel laureate-packed front line of scientific and technological advances. …the Lockheed-Texas team has benefited from continued leaks of bad news from Los Alamos. The latest case involved an “Occurrence Report,” which came to light late last month concerning an incident in October 2003…

UC regents boost next year’s student fees…Tanya Schevitz, Todd Wallack
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/17/BAGVTFPETK1.DTL&type=printable
Hours after the University of California Board of Regents voted Wednesday to impose steep fee increases on students, a regents’ committee recommended that hundreds of top university administrators get pay raises. The proposed “annual merit” salary increases, … average about 3 percent. “Even with this year’s merit increases, the salaries of many senior UC managers still significantly fall below market,” according to the statement. A recent study by Mercer Consulting found that UC offers lower salaries than other prestigious universities, though UC pay is comparable when retirement and other benefits are factored in. However, the Mercer study did not include all forms of compensation used by UC, leaving it unclear whether UC employees are paid better or worse than the average pay of their counterparts elsewhere. …Wednesday, the regents disregarded assurances from state Assembly Speaker Fabian Núñez that the Legislature would likely allocate enough money to make the higher fees unnecessary

November 16, 2005
San Francisco Chronicle
Outrage in Capitol at UC pay revelations…Tanya Schevitz, Todd Wallack
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/16/BAG1RFP4R61.DTL&type=printable
State lawmakers demanded Tuesday that University of California leaders answer questions about UC’s growing payroll, hidden compensation and a rising inequity between low-paid employees and senior administrators and faculty. Sen. Jackie Speier, D-Hillsborough, who sits on the Senate Education Committee, “I’m not going to allow UC to become the Wal-Mart of education. The university’s money is public money. They have to be very careful. Before we do anything more with salaries, we have to have transparency.” “This is outrageous,” Denham said. “While students face rate increases every year and UC rank and file workers face salary freezes, the top UC administrators will be getting secret salary hikes. The regents should postpone their vote and let the public see the documents.”

UC’s hidden pay…Editorial
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/16/EDGODFOD701.DTL&type=printable
FOR AN institution devoted to openness and truth, the University of California is falling short. It refuses to speak plainly about the eye-popping compensation packages for its top leaders. The timing for the new salary increases couldn’t be worse. …regents are due to vote on a plan to raise student fees by 8 percent. …after fees have nearly doubled in four years. UC must explain its compensation policies more fully. It isn’t showing the openness that taxpayers expect and deserve from a public university.

Fresno Bee
UC gets $8 million to study San Joaquin Valley’s bad air…AP
http://www.fresnobee.com/state_wire/v-printerfriendly/story/11479672p-12219067c.html
FRESNO, Calif. (AP) - The University of California, Davis, will receive an $8 million federal grant to study the effects of one of the country’s most polluted air basins on public health.

11-14-05
San Francisco Chronicle…Tanya Schevitz, Todd Wallack
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/14/MNGDFFO1641.DTL&type=printable
The University of California may have cut student services and maintenance, but not the number of high-paid jobs created over the past two years.

Merced Sun-Star
Famers say UC helps rivals too…Olivia Munoz, AP
http://www.mercedsun-star.com/business/ag/story/11478748p-12218475c.html
UC President Robert C. Dynes met with about 35 growers… San Joaquin Valley growers expressed frustration Thursday that research they help the University of California conduct ends up helping their rivals in the global agriculture market. …also concerned that the system’s budget cuts were affecting the extension office program.

San Francisco Chronicle
Free mansions for people of means…Tanya Schevitz, Todd Wallack
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/14/MNGDFFO0JJ1.DTL&type=printable
For all the attention paid to university salaries, some of the biggest perks at the university are noncash items, such as free housing. At UC, the system spends about $1 million a year to maintain spacious homes for Dynes and the 10 campus chancellors. I think taxpayers would be outraged to discover the nature of this extraordinary perk,” said Jon Coupal, president of the Howard Jarvis Taxpayers’ Association. Schwartz…said the homes are important to help chancellors cover the high cost of living in California, where many chancellors otherwise wouldn’t be able to afford homes on their university salaries. Public records show that many of the chancellors already own their homes, sometimes close to campus. And at least two chancellors earned tens of thousands of dollars in extra annual income by moving into university-owned residences and renting out their own nearby homes. In addition, records show hundreds of thousands of dollars are spent on maintaining some of the estates.. “I suspect this will make it in our 2005 piglet book” of examples of government waste, Coupal said. “This is the kind of stuff that shows that at some point (government leaders sometimes) lose touch with reality.”

Services cut for students as high-pay jobs boom…Tanya Schevitz, Todd Wallack
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/14/MNGDFFO1641.DTL&type=printable
The University of California may have cut student services and maintenance, but not the number of high-paid jobs created over the past two years. Payroll records show that 2,275 university employees earned more than $200,000 last fiscal year, up 30 percent over two years. The number of employees making at least $300,000 annually climbed 54 percent to 496 last year. Some employees got raises. Others were hired or promoted to new posts with increased salaries. Still, the boom in top salaries comes at a time when UC leaders say they have been forced to raise student fees 79 percent over four years, increase class sizes and curtail student services to cope with cuts in state funding. “This is not something you want the Legislature to learn about,” said Velma Montoya, who served on the UC Board of Regents for 11 years until her term ended in January. “It is unfair and impolitic.”

The home used by UC Berkeley Chancellor Robert Birgeneau. Chronicle photo by Mark Costantini
http://www.sfgate.com/cgi-bin/object/article?m=/c/pictures/2005/11/14/mn_a9_uc00_156_mc.jpg&f=/c/a/2005/11/14/MNGDFFO1641.DTL&type=printable

More higher-paid employees on UC payroll
http://www.sfgate.com/cgi-bin/object/article?m=/c/pictures/2005/11/14/mn_higher_paid.jpg&f=/c/a/2005/11/14/MNGDFFO1641.DTL&type=printable

Monterey Herald
The teacher pay UC doesn’t discuss…System shells out millions while claiming poverty…San Francisco Chronicle
http://www.montereyherald.com/mld/montereyherald/news/state/13163302.htm?template=contentModules/printstory.jsp
SAN FRANCISCO (AP) - Despite complaints from University of California officials that the system has suffered severe cuts in state funding, prompting tuition and fee increases, many faculty members and administrators get paid thousands more than is publicly reported. ‘’We should be comparing full compensation, including the perks, not just the salary, because when you look across the country, you shouldn’t be comparing apples to oranges,'’ said Velma Montoya, an economist who served on the UC Board of Regents for 11 years until her term ended in January. ‘’It’s ludicrous to increase student fees… when you’re talking about executive officers making this much money, and no one knowing about it,'’ said Anu Joshi, a UC Berkeley graduate student and president of the systemwide UC Student Association.

11-13-05
UC’s higher profile…Editorial
http://www.fresnobee.com/opinion/story/11476112p-12215740c.html
The recent visit to Fresno by the president of the University of California underscores how the landscape has changed in higher education for Valley students in just a few years. For decades, the Valley was given short shrift by UC. Higher education was left in the hands of California State University campuses, such as Fresno State. Now UC Merced has opened, creating a new opportunity for Valley students. …the UC system is working much harder to spread the word about UC among Valley students and their families. That’s what brought UC President Robert Dynes to Fresno on Thursday…

San Francisco Chronicle
UC piling extra cash on top of pay…Tanya Schevitz, Tod Wallack
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/13/MNGHFFNMAC1.DTL&type=printable
Despite UC’s complaints that it has been squeezed by cuts in state funding and forced to raise student fees, many university faculty members and administrators get paid far more than is publicly reported. In addition to salaries and overtime, payroll records obtained by The Chronicle show that employees received a total of $871 million in bonuses, administrative stipends, relocation packages and other forms of cash compensation last fiscal year. That was more than enough to cover the 79 percent hike in student fees that UC has imposed over the past few years. The bulk of the last year’s extra compensation, roughly $599 million, went to more than 8,500 employees who each got at least $20,000 over their regular salaries. And that doesn’t include an impressive array of other perks for selected top administrators, ranging from free housing to concert tickets.

Bringing in the big bucks
http://www.sfgate.com/cgi-bin/object/article?m=/c/pictures/2005/11/13/mn_big_bucks.jpg&f=/c/a/2005/11/13/MNGHFFNMAC1.DTL&type=printable
Here are UC’s highest-paid employees based ontotal compensation. Base salary is a small fraction of their total pay.

Overall payroll
http://www.sfgate.com/cgi-bin/object/article?f=/c/a/2005/11/13/MNGHFFNMAC1.DTL&o=1&type=printable
Over the last few years there has been an increase in the UC’s payroll…2002 – 2005

Other perks include parties, gifts, travel…Tanya Schevitz, Todd Wallack
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/13/MNGQPFJ9DJ26.DTL&type=printable
In addition to their cash compensation, many senior UC employees receive significant fringe benefits. A partial list includes:
– Housing: Some employees receive free or subsidized housing near campus, including spacious homes (and in some cases, mansions) reserved for chancellors. UC also issued thousands of low-interest mortgages to administrators and faculty…3 percent interest rate. — Jobs: — Entertainment: Gifts:– Travel: Parties: Expensive parties are common.
Patrick Callan, president of the nonprofit National Center for Public Policy and Higher Education…”This is not a slush fund,'’ Callan said. “Every dollar that the university gets is public. It is a public institution. It doesn’t matter where it comes from.”

Livermore Lab’s future tied to risky laser project…Keay Davidson
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/13/MNG1AFNKRE1.DTL&type=printable
The fate of a super-laser — a multibillion-dollar project under construction at Lawrence Livermore National Laboratory is in serious doubt, despite Congress’ decision to grant it a reprieve. …eight years after the facility’s groundbreaking at Livermore lab, the project has cost taxpayers more than $3 billion, at least three times the projected cost, and the tab should exceed $4 billion between now and the projected completion in 2009-2010. Meanwhile, only a small percentage of the projected 192 lasers have been installed and tested. Worst of all, there is serious scientific doubt whether the laser will achieve its near-mythic goal: ignition, the holy grail of nuclear physics. ..recent study by top Pentagon advisory panel cites many technical obstacles and says there’s no assurance the project will work. The group, known as “Jason,” pointed out in a recent report that the project is rife with technical problems. This is an embarrassment that UC can ill afford at a time when federal officials are close to making a crucial decision on another one of the university system’s vital relationships with the Department of Energy.

11-12-05
Fundraiser helps MC students get to UC…Rosalio Ahumada
http://www.mercedsun-star.com/local/story/11472660p-12212399c.html
With the rising cost to earn a bachelor’s degree, students need scholarship support more than ever. The Merced College Foundation wants to make sure its transferring students have all the help they can get to attend the newest University of California campus. Currently, full-time equivalent Merced College students pay a total of about $800 per school year including campus fees. UC Merced undergraduate students pay about $7,000 in tuition per school year. But that doesn’t include housing costs that range from $14,000 to $20,000 annually.

Anxiety marks Los Alamos mood ahead of lab contract announcement…Heather Clark, AP
http://www.modbee.com/state_wire/story/11472441p-12212115c.html
LOS ALAMOS, N.M. (AP) - Many people in this isolated mesa-top community are anxious or fearful about who will win a contract to manage Los Alamos National Laboratory. The main contenders for the contract are two limited liability corporations, one headed by Lockheed Martin and the University of Texas and the other led by Bechtel Corp. and the University of California… …contract worth up to $79 million. The announcement of the winner is expected by Dec. 1. Six percent of the lab’s work force resigned, up from a 4 percent annual norm over the last decade. …poor business practices at the lab led to a purchasing scandal and a series of embarrassing security and safety lapses that culminated in a seven-month shutdown, which the Department of Energy estimated cost about $367 million. UC put the cost at $110 million.

7-3-06
Contra Costa Times
A feeling of 'siege'...Julia Prodis Sulek
http://www.mercurynews.com/mld/mercurynews/news/14952474.htm?template=contentModules/printstory.jsp
Sixteen months ago, when Denton started as chancellor, she seemed like a perfect fit. If any community would welcome this openly gay academic who overcame discrimination from her earliest days in a small Texas town, who became nationally renowned for her commitment to women in science and social justice, surely it would be the progressive seaside town of Santa Cruz. Instead, she told friends, ``I'm under constant siege.'' She arrived at the university already trailed by controversy and, during her short tenure, endured unrelenting attacks. ``It wasn't any single story or any single cartoon, but it was a continuing, rolling, unending set of stories and set of cartoons; it was the continuing everyday assault,'' said Carol Tomlinson-Keasey, the chancellor of UC-Merced. When a new chancellor arrives in Santa Cruz, the community very nearly holds its breath. In this city of 55,000, the chancellor carries more prestige than the mayor or state legislators. But just weeks before her Feb. 14, 2005, start date, Denton's name was linked with scandal. The timing couldn't have been worse. While the UC president's office acknowledged it should have disclosed the deal from the start, it was Denton who took the heat in Santa Cruz. If Denton had more serious mental health issues, or her medication wasn't right, or she had other personal problems, no one is saying. But Tomlinson-Keasey knows that the problems in Santa Cruz weighed heavily.

8-2-06
Sacramento Bee
Tragedy looms over wildland debate...David Whitney, Bee Washington Bureau
http://www.sacbee.com/content/politics/story/14285230p-15098739c.htmlhttp://www.sacbee.com/content/politics/v-print/story/14285230p-15098739c.html
WASHINGTON -- Nearly 15 months after the manager of the Carrizo Plain National Monument killed herself after months of frustration on the job, the federal Bureau of Land Management is reviving the process of creating a management plan for the 250,000-acre grasslands preserve that will be forever associated with Marlene Braun's tragic death. The backdrop for the battles was more political than personal. Created by presidential proclamation just hours before President Clinton left office in 2001, the Carrizo Plain had become a battleground over cattle grazing on public lands -- an issue on which the BLM typically found itself siding with cattlemen. ... public lands, on the border between Kern and San Luis Obispo counties, are the last big patch of wild grasslands left in California and the home of the largest concentration of endangered species in the state. Some, like the giant kangaroo rat, are in direct competition with cattle. Braun had openly complained that she felt efforts to curtail grazing were being resisted at higher pay grades in the agency, and that she was suffering the fallout. Posthumously, Braun prevailed.

4-1-05

CRS Report for Congress: California’s San Joaquin Valley: A Region in Transition, Dec. 12, 2005, Tadlock Cowan, Coordinator, Analyst in Rural and Regional Development Policy, Resources, Science and Industry Division

Honest Graft: Big Money and the American Political Process, Brooks Jackson, 1990

“This is the tragic story of one of the most fascinating characters in recent Washington history, Congressman Tony Coelho of California (D-Merced) … He rose to power in the house by collecting millions of political dollars for the Democratic party from whatever sources were at hand, creating a modern political machine in which money and pork-barrel legislation replaced the old Tammany Hall patronage …” p. 3

As Coelho himself says, “the system buys you out.” The system doesn’t require bad motives to produce bad government. P. 320

Italics added.

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Vote No on Measure A Tax

Submitted: Jun 03, 2006

URGENT URGENT URGENT URGENT URGENT URGENT URGENT

A flyer against the Merced County Transportation Tax Measure A appeared in the Merced Sun-Star Saturday morning. We have included it below and attached it to this message.

We urge you to read and share these flyers with Merced County residents before the Primary Election on Tuesday, June 6.

We should not use a sales tax to raise money for transportation funds to benefit special interests because a sales tax has an unfair impact on lower-income residents. (1) Merced County ranks fifth from the bottom of California’s 58 counties in per capita income. (2)

Sincerely,

Central Valley Safe Environment Network
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VOTE NO on Measure A Tax

MAKE Residential and Commercial Development Pay Its Own Way!

REJECT Welfare Subsidies for the Building Industry Association!

In 2002, the Citizens of Merced County VOTED DOWN the Measure M road-improvement tax. Merced County and its cities went right on approving thousands of new homes. This RECKLESS action is destroying hundreds of miles of our existing streets and roads because development doesn’t pay for itself.

VOTE NO on Measure A because it doesn’t fix the problems. It adds to them! The intent of this tax measure to improve highways 99, 152, 59, and 33, and to build the Mission Ave. Interchange, is to attract more urban growth, not to fix local potholes. The only “economic engine” helped here is the profits of developers who want you to pay for the impacts of their projects while they plant the last crop in the San Joaquin Valley- subdivisions!

VOTE NO on Measure A because the county General Plan is an absurdly outdated, non-compliant hodge-podge of amendments and conflicting goals and policies. About 20 citizens’ groups petitioned the Merced County Board of Supervisors to slow growth until county and city general plans and community plans are legally compliant. Special interests – not the public – are controlling the Merced County planning process. Use your vote to send a message to government highway funders that these special interests do not speak for us!

VOTE NO on Measure A because UC won’t pay more than $350,000 to cover the $200 million cost of it’s impacts to local streets, parks and schools. Measure A will be used to finance the Mission Ave. Interchange off Hwy 99, the Yellow Brick Beltway to UC Merced and west to Atwater. This will hasten sprawl and will eat away productive agricultural land. This UC beltway will draw business away from downtown Merced. The Mission Ave Interchange will become the location of a Wal-Mart Distribution Center, bringing in about a thousand diesel trucks a day to increase our air pollution.

VOTE NO on Measure A because it is a matching fund gimmick created by special interests. Your supervisors have used your tax dollars to create a lobbying group called the One Voice Committee that speaks for special interests, not for you. VOTE NO on Measure A to tell state and federal highway funders “One Voice” speaks for special interest, not for you.

VOTE NO on Measure A because the sand and gravel trucks supplying these proposed highway projects tear down our county roads and degrade our waterways. Spending dollars on new roadways instead of for maintenance and repair of existing county roads and city streets is a misappropriation of public funds for special interests.

VOTE NO on Measure A because you’re tired of government by and for special interests – from UC Merced to local, national and international development corporations – making land deals for their profits and your losses. An estimated 100,000 new homes are already in the planning process in Merced County.

VOTE NO on Measure A because you will have no vote on the projects it will fund. Special interests have already decided how that money will be spent and will continue to decide how it will be spent.

VOTE NO on Measure A now and you may prevent Measure Z later, as special interests continue to pile on special taxes for schools, water, sewer, electricity, parks and recreation, libraries, solid waste, emergency services, police and fire protection – like Measures S, M and H, and the Merced City Hotel Tax for a UC Olympic-size swimming pool.

PAID FOR BY MERCED COUNTY RESIDENTS AGAINST MEASURE A
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VOTE NO on Measure A Tax

Here is a partial list of residential developments ALREADY planned for Merced County
Atwater - 1,584 units, Atwater Ranch, Florsheim Homes 21 Units, John Gallagher, 25.2 acres.

Delhi - 1,100 units, Matthews Homes, 2,000 acres.

Fox Hills - 907 units, Fox Hills Estates north 337 units, Fox Hills Estates, central- 1,356 units.

Hilmar-JKB Homes, over 3,000 units.

Livingston - 1,200 units, Ranchwood Homes 420 acres. Del Valle, Gallo Ranchwood, 1,000acres,

Los Banos -, Ranchwood, 932 acres 323 units, Pinn Brothers, 34 units, Court of Fountains, 2.7 acres 95 units, Woodside Homes,

City of Merced - 11,616 units, UC Merced Community Plan 1,560 acres; 7,800 units, Ranchwood Homes, 2,355 acres, 7,000 units, Bellevue Ranch, 1,400 acres,

Vista Del Lago, 442 units, Weaver Development, 920 units, Fahrens Creek II, -1,282 units,

Fahrens Creek North, 1,093 units, Hunt Family Annexation,

Planada - 4,400 units, Village of Geneva at Planada, Hostetler 1,390 acres.

Felix Torres Migrant Megaplex 127 units, Park Street Estates, 31.8 acres, 200 units.

San Luis Creek 629 units, F & S Investments, 180 acres.

San Luis Ranch - 544 units, 237 acres.

Santa Nella - 8,250 units - Santa Nella Village west 881 units, 350 acres,

The Parkway, phase III, 146 acres - 138 units, Santa Nella Village, 40.7 acres - 544 units,

San Luis Ranch, phase II - 232 units, 312 acres - 182 acres, Arnaudo 1 &2

Stevinson - 3,500 units, Stevinson Ranch/Gallo Lakes Development - 1,700 units, 3,740 acres.

Winton - 50 units, 17 acres- Gertrude Estates, Mike Raymond, 18 acres - 142 units, Winn Ranch

Commercial Development

WalMart Distribution Center, Riverside Motorsports Park and a growing number of Strip Malls

….and the list goes on!

Measure A gives the green light to all this proposed new residential and commercial development!

VOTE NO on Measure A Tax

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Notes:
(1) http://highered.mcgraw-hill.com/sites/0072554096/student_view0/chapter_15/economic_naturalist_exercises.html
Sales taxes are regressive taxes. This means that the proportion of income paid in taxes declines as income rises. That is, people with low incomes pay a higher percentage of their income in taxes than people with high incomes. But what makes a sales tax regressive?
People with low incomes tend to spend a high percentage of the income they receive. At higher income levels, people begin to save (not spend) larger parts of their income. A person is able to save (not spend) part of their income only after they are able to take care of buying necessities like food, housing, clothing, and medical care. Therefore, low-income consumers will spend most of their income while higher income consumers can begin to save more and more.
Since a sales tax falls on income that consumers spend, and low income people spend a larger part of their income, the sales tax falls more heavily on low income consumers. This makes the tax regressive ...

(2) http://www.answers.com/topic/california-locations-by-per-capita-income
Merced ranks 54th in per capita income among California's 58 counties. Only four counties have lower per capita incomes.

CENTRAL VALLEY SAFE ENVIRONMENT NETWORK

MISSION STATEMENT

Central Valley Safe Environment Network is a coalition of organizations and individuals throughout the San Joaquin Valley that is committed to the concept of "Eco-Justice" -- the ecological defense of the natural resources and the people. To that end it is committed to the stewardship, and protection of the resources of the greater San Joaquin Valley, including air and water quality, the preservation of agricultural land, and the protection of wildlife and its habitat. In serving as a community resource and being action-oriented, CVSEN desires to continue to assure there will be a safe food chain, efficient use of natural resources and a healthy environment. CVSEN is also committed to public education regarding these various issues and it is committed to ensuring governmental compliance with federal and state law. CVSEN is composed of farmers, ranchers, city dwellers, environmentalists, ethnic, political, and religious groups, and other stakeholders

P.O. Box 64, Merced, CA 95341

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A little justice, maybe

Submitted: May 25, 2006

Lay, Skilling Convicted in Enron Collapse
By Kristen Hays
The Associated Press

Thursday 25 May 2006

Houston - Former Enron Corp. chiefs Kenneth Lay and Jeffrey Skilling were convicted Thursday of conspiracy to commit securities and wire fraud in one of the biggest business scandals in U.S. history.

The verdict put the blame for the demise of what was once the nation's seventh-largest company squarely on its top two executives. It came in the sixth day of deliberations following a trial that lasted nearly four months.

Lay was also convicted of bank fraud and making false statements to banks in a separate trial related to his personal banking.

Lay was convicted on all six counts against him in the trial with Skilling. Skilling was convicted on 19 of the 28 counts against him, including one count of insider trading, and acquitted on the remaining nine.

"You have reflected on this evidence for the last few days and reached a very thorough verdict, and I thank you," U.S. District Judge Sim Lake told jurors.

He set sentencing for Sept. 11.

Lake set a $5 million bond for Lay and ordered him to surrender his passport before he leaves the courthouse. The judge said the bond already in place for Skilling was sufficient. The judge said he did not believe home confinement was necessary for either.

The former corporate titans are now felons facing years in prison after being convicted of running an elaborate fraud that gave the company a glamorous illusion of success.

Jurors declared through their verdict that both men repeatedly lied to cover a vast web of unsustainable accounting tricks and failing ventures that shoved Enron into bankruptcy protection in December 2001.

The conviction was a major win for the government, serving almost as a bookend in an era that has seen prosecutors win convictions against executives from WorldCom Inc. to Adelphia Communications Corp. and homemaking maven Martha Stewart.

The panel rejected Skilling's insistence that no fraud occurred at Enron other than a few executives skimming millions from secret scams behind his and Lay's backs, and a lethal combination of bad press and poor market confidence sank the company.

Both men testified in their own defense. Skilling is expected to appeal.

The government's victory caps a 4 1/2 year investigation that nabbed 16 guilty pleas from ex-Enron executives, including former Chief Financial Officer Andrew Fastow and former Chief Accounting Officer Richard Causey.

All are awaiting sentencing later this year except for two who either finished or are serving prison terms.

Many deemed the outcome of the Lay-Skilling case a final exam of sorts of the federal government's ability to prove complicated corporate skullduggery.

Enron's implosion and the subsequent scandals vexed Wall Street, sent skittish investors fleeing, increased regulatory scrutiny over publicly traded companies and prompted Congress to stiffen white collar penalties.

Former WorldCom head Bernard Ebbers awaits a 25-year prison term for orchestrating the $11 billion accounting fraud that bankrupted the company. Stewart did five months in prison and more time confined to work and home for lying about a stock sale. Adelphia Communications Inc. founder John Rigas and his son got double-digit prison terms for looting their company.

HealthSouth Corp. founder Richard Scrushy bucked the trend with his acquittal last year of fraud charges despite five former finance chiefs pointing the finger at him in a $2.7 billion scheme to inflate earnings. He dropped in on the Lay-Skilling case during Fastow's lengthy testimony in March, saying the ex-CFO couldn't be believed.

But those cases were much simpler than that against Lay and Skilling.

The government's vast investigation seemed to stall until Fastow pleaded guilty in January 2004 to two counts of conspiracy and paved the way for prosecutors to secure indictments against his bosses. Fastow also led investigators to Causey, who was bound for trial alongside Lay and Skilling until he broke ranks with their unified defense and pleaded guilty to securities fraud just weeks before the trial began.

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The off-ramp missed

Submitted: May 25, 2006

There is a theory in political science that a nation's foreign policy is ultimately defined by domestic policies rather than perceived outside threats or opportunities. If this is so, the summer of 1979 may well have been the definitive fork in the road for the United States. President Jimmy Carter's "Crisis of Confidence" speech at that time turned out to be one of Ronald Reagan's main issues against him in the 1980 election.

Today, Americans seem unconcerned about the war in Iraq, just irritated that the Bush administration is running it so badly because mismanagement of the war is puncturing illusions of American power. Carter was honest about an important weakness in that power nearly 30 years ago and the next year the American people chose the confidence game over questions about the nature of American self-confidence. That choice pointed toward the present situation: losing another imperial war, political corruption on a scale unknown to all but our eldest citizens, wave upon wave of corporate mergers, acquisitions and off-shoring of American jobs, corporate funded all out assault on environmental law and regulation, and a wave of vigilante, anti-immigrant action and legislation.

Carter gave us a chance to choose blood, sweat and tears, not on foreign battlefields but in our own domestic economy, to regain our freedom. Reagan presented us with a shining City on a Hill, illuminated, no doubt, by oil from Iran, which was so helpful in electing him while defeating Carter's freedom-through-independence-from-OPEC policy. Some Americans called Reagan's vision of easy living the City of Blarney, others the City of Baloney, still others the Metropolis of Conspicuous Consumption. Old American ideas of the common good, the Public Trust, of people pulling together, rolling up their sleeves and shedding blood, sweat and tears to regain their freedom from imported oil struck the people of Reagan's city as tacky, stinky, and low class. As illegal immigrants tended their babies, they liquidated the enterprises their grandfathers and generations of company employees had built, and invested in the stock market. The basic story of the American economy since the early Reagan years has been how that massive pool of cash has moved around seeking the best return on investment for the residents of the increasingly fortified City of Self-Righteous Greed.

Bill Hatch

We are at a turning point in our history. There are two paths to choose. One is a path I've warned about tonight, the path that leads to fragmentation and self-interest. Down that road lies a mistaken idea of freedom, the right to grasp for ourselves some advantage over others. That path would be one of constant conflict between narrow interests ending in chaos and immobility. It is a certain route to failure.

All the traditions of our past, all the lessons of our heritage, all the promises of our future point to another path, the path of common purpose and the restoration of American values. That path leads to true freedom for our nation and ourselves. We can take the first steps down that path as we begin to solve our energy problem.

Energy will be the immediate test of our ability to unite this nation, and it can also be the standard around which we rally. On the battlefield of energy we can win for our nation a new confidence, and we can seize control again of our common destiny.

In little more than two decades we've gone from a position of energy independence to one in which almost half the oil we use comes from foreign countries, at prices that are going through the roof. Our excessive dependence on OPEC has already taken a tremendous toll on our economy and our people. This is the direct cause of the long lines which have made millions of you spend aggravating hours waiting for gasoline. It's a cause of the increased inflation and unemployment that we now face. This intolerable dependence on foreign oil threatens our economic independence and the very security of our nation. The energy crisis is real. It is worldwide. It is a clear and present danger to our nation. These are facts and we simply must face them.
-- President Jimmy Carter, July 15, 1979.

Primary Sources: The "Crisis of Confidence" Speech

Jimmy Carter delivered this televised speech on July 15, 1979.

Good evening. This is a special night for me. Exactly three years ago, on July 15, 1976, I accepted the nomination of my party to run for president of the United States.

I promised you a president who is not isolated from the people, who feels your pain, and who shares your dreams and who draws his strength and his wisdom from you.

During the past three years I've spoken to you on many occasions about national concerns, the energy crisis, reorganizing the government, our nation's economy, and issues of war and especially peace. But over those years the subjects of the speeches, the talks, and the press conferences have become increasingly narrow, focused more and more on what the isolated world of Washington thinks is important. Gradually, you've heard more and more about what the government thinks or what the government should be doing and less and less about our nation's hopes, our dreams, and our vision of the future.

Ten days ago I had planned to speak to you again about a very important subject -- energy. For the fifth time I would have described the urgency of the problem and laid out a series of legislative recommendations to the Congress. But as I was preparing to speak, I began to ask myself the same question that I now know has been troubling many of you. Why have we not been able to get together as a nation to resolve our serious energy problem?

It's clear that the true problems of our Nation are much deeper -- deeper than gasoline lines or energy shortages, deeper even than inflation or recession. And I realize more than ever that as president I need your help. So I decided to reach out and listen to the voices of America.

I invited to Camp David people from almost every segment of our society -- business and labor, teachers and preachers, governors, mayors, and private citizens. And then I left Camp David to listen to other Americans, men and women like you.

It has been an extraordinary ten days, and I want to share with you what I've heard. First of all, I got a lot of personal advice. Let me quote a few of the typical comments that I wrote down.

This from a southern governor: "Mr. President, you are not leading this nation -- you're just managing the government."

"You don't see the people enough any more."

"Some of your Cabinet members don't seem loyal. There is not enough discipline among your disciples."

"Don't talk to us about politics or the mechanics of government, but about an understanding of our common good."

"Mr. President, we're in trouble. Talk to us about blood and sweat and tears."

"If you lead, Mr. President, we will follow."

Many people talked about themselves and about the condition of our nation.

This from a young woman in Pennsylvania: "I feel so far from government. I feel like ordinary people are excluded from political power."

And this from a young Chicano: "Some of us have suffered from recession all our lives."

"Some people have wasted energy, but others haven't had anything to waste."

And this from a religious leader: "No material shortage can touch the important things like God's love for us or our love for one another."

And I like this one particularly from a black woman who happens to be the mayor of a small Mississippi town: "The big-shots are not the only ones who are important. Remember, you can't sell anything on Wall Street unless someone digs it up somewhere else first."

This kind of summarized a lot of other statements: "Mr. President, we are confronted with a moral and a spiritual crisis."

Several of our discussions were on energy, and I have a notebook full of comments and advice. I'll read just a few.

"We can't go on consuming 40 percent more energy than we produce. When we import oil we are also importing inflation plus unemployment."

"We've got to use what we have. The Middle East has only five percent of the world's energy, but the United States has 24 percent."

And this is one of the most vivid statements: "Our neck is stretched over the fence and OPEC has a knife."

"There will be other cartels and other shortages. American wisdom and courage right now can set a path to follow in the future."

This was a good one: "Be bold, Mr. President. We may make mistakes, but we are ready to experiment."

And this one from a labor leader got to the heart of it: "The real issue is freedom. We must deal with the energy problem on a war footing."

And the last that I'll read: "When we enter the moral equivalent of war, Mr. President, don't issue us BB guns."

These ten days confirmed my belief in the decency and the strength and the wisdom of the American people, but it also bore out some of my long-standing concerns about our nation's underlying problems.

I know, of course, being president, that government actions and legislation can be very important. That's why I've worked hard to put my campaign promises into law -- and I have to admit, with just mixed success. But after listening to the American people I have been reminded again that all the legislation in the world can't fix what's wrong with America. So, I want to speak to you first tonight about a subject even more serious than energy or inflation. I want to talk to you right now about a fundamental threat to American democracy.

I do not mean our political and civil liberties. They will endure. And I do not refer to the outward strength of America, a nation that is at peace tonight everywhere in the world, with unmatched economic power and military might.

The threat is nearly invisible in ordinary ways. It is a crisis of confidence. It is a crisis that strikes at the very heart and soul and spirit of our national will. We can see this crisis in the growing doubt about the meaning of our own lives and in the loss of a unity of purpose for our nation.

The erosion of our confidence in the future is threatening to destroy the social and the political fabric of America.

The confidence that we have always had as a people is not simply some romantic dream or a proverb in a dusty book that we read just on the Fourth of July.

It is the idea which founded our nation and has guided our development as a people. Confidence in the future has supported everything else -- public institutions and private enterprise, our own families, and the very Constitution of the United States. Confidence has defined our course and has served as a link between generations. We've always believed in something called progress. We've always had a faith that the days of our children would be better than our own.

Our people are losing that faith, not only in government itself but in the ability as citizens to serve as the ultimate rulers and shapers of our democracy. As a people we know our past and we are proud of it. Our progress has been part of the living history of America, even the world. We always believed that we were part of a great movement of humanity itself called democracy, involved in the search for freedom, and that belief has always strengthened us in our purpose. But just as we are losing our confidence in the future, we are also beginning to close the door on our past.

In a nation that was proud of hard work, strong families, close-knit communities, and our faith in God, too many of us now tend to worship self-indulgence and consumption. Human identity is no longer defined by what one does, but by what one owns. But we've discovered that owning things and consuming things does not satisfy our longing for meaning. We've learned that piling up material goods cannot fill the emptiness of lives which have no confidence or purpose.

The symptoms of this crisis of the American spirit are all around us. For the first time in the history of our country a majority of our people believe that the next five years will be worse than the past five years. Two-thirds of our people do not even vote. The productivity of American workers is actually dropping, and the willingness of Americans to save for the future has fallen below that of all other people in the Western world.

As you know, there is a growing disrespect for government and for churches and for schools, the news media, and other institutions. This is not a message of happiness or reassurance, but it is the truth and it is a warning.

These changes did not happen overnight. They've come upon us gradually over the last generation, years that were filled with shocks and tragedy.

We were sure that ours was a nation of the ballot, not the bullet, until the murders of John Kennedy and Robert Kennedy and Martin Luther King Jr. We were taught that our armies were always invincible and our causes were always just, only to suffer the agony of Vietnam. We respected the presidency as a place of honor until the shock of Watergate.

We remember when the phrase "sound as a dollar" was an expression of absolute dependability, until ten years of inflation began to shrink our dollar and our savings. We believed that our nation's resources were limitless until 1973, when we had to face a growing dependence on foreign oil.

These wounds are still very deep. They have never been healed. Looking for a way out of this crisis, our people have turned to the Federal government and found it isolated from the mainstream of our nation's life. Washington, D.C., has become an island. The gap between our citizens and our government has never been so wide. The people are looking for honest answers, not easy answers; clear leadership, not false claims and evasiveness and politics as usual.

What you see too often in Washington and elsewhere around the country is a system of government that seems incapable of action. You see a Congress twisted and pulled in every direction by hundreds of well-financed and powerful special interests. You see every extreme position defended to the last vote, almost to the last breath by one unyielding group or another. You often see a balanced and a fair approach that demands sacrifice, a little sacrifice from everyone, abandoned like an orphan without support and without friends.

Often you see paralysis and stagnation and drift. You don't like it, and neither do I. What can we do?

First of all, we must face the truth, and then we can change our course. We simply must have faith in each other, faith in our ability to govern ourselves, and faith in the future of this nation. Restoring that faith and that confidence to America is now the most important task we face. It is a true challenge of this generation of Americans.

One of the visitors to Camp David last week put it this way: "We've got to stop crying and start sweating, stop talking and start walking, stop cursing and start praying. The strength we need will not come from the White House, but from every house in America."

We know the strength of America. We are strong. We can regain our unity. We can regain our confidence. We are the heirs of generations who survived threats much more powerful and awesome than those that challenge us now. Our fathers and mothers were strong men and women who shaped a new society during the Great Depression, who fought world wars, and who carved out a new charter of peace for the world.

We ourselves are the same Americans who just ten years ago put a man on the Moon. We are the generation that dedicated our society to the pursuit of human rights and equality. And we are the generation that will win the war on the energy problem and in that process rebuild the unity and confidence of America.

We are at a turning point in our history. There are two paths to choose. One is a path I've warned about tonight, the path that leads to fragmentation and self-interest. Down that road lies a mistaken idea of freedom, the right to grasp for ourselves some advantage over others. That path would be one of constant conflict between narrow interests ending in chaos and immobility. It is a certain route to failure.

All the traditions of our past, all the lessons of our heritage, all the promises of our future point to another path, the path of common purpose and the restoration of American values. That path leads to true freedom for our nation and ourselves. We can take the first steps down that path as we begin to solve our energy problem.

Energy will be the immediate test of our ability to unite this nation, and it can also be the standard around which we rally. On the battlefield of energy we can win for our nation a new confidence, and we can seize control again of our common destiny.

In little more than two decades we've gone from a position of energy independence to one in which almost half the oil we use comes from foreign countries, at prices that are going through the roof. Our excessive dependence on OPEC has already taken a tremendous toll on our economy and our people. This is the direct cause of the long lines which have made millions of you spend aggravating hours waiting for gasoline. It's a cause of the increased inflation and unemployment that we now face. This intolerable dependence on foreign oil threatens our economic independence and the very security of our nation. The energy crisis is real. It is worldwide. It is a clear and present danger to our nation. These are facts and we simply must face them.

What I have to say to you now about energy is simple and vitally important.

Point one: I am tonight setting a clear goal for the energy policy of the United States. Beginning this moment, this nation will never use more foreign oil than we did in 1977 -- never. From now on, every new addition to our demand for energy will be met from our own production and our own conservation. The generation-long growth in our dependence on foreign oil will be stopped dead in its tracks right now and then reversed as we move through the 1980s, for I am tonight setting the further goal of cutting our dependence on foreign oil by one-half by the end of the next decade -- a saving of over 4-1/2 million barrels of imported oil per day.

Point two: To ensure that we meet these targets, I will use my presidential authority to set import quotas. I'm announcing tonight that for 1979 and 1980, I will forbid the entry into this country of one drop of foreign oil more than these goals allow. These quotas will ensure a reduction in imports even below the ambitious levels we set at the recent Tokyo summit.

Point three: To give us energy security, I am asking for the most massive peacetime commitment of funds and resources in our nation's history to develop America's own alternative sources of fuel -- from coal, from oil shale, from plant products for gasohol, from unconventional gas, from the sun.

I propose the creation of an energy security corporation to lead this effort to replace 2-1/2 million barrels of imported oil per day by 1990. The corporation I will issue up to $5 billion in energy bonds, and I especially want them to be in small denominations so that average Americans can invest directly in America's energy security.

Just as a similar synthetic rubber corporation helped us win World War II, so will we mobilize American determination and ability to win the energy war. Moreover, I will soon submit legislation to Congress calling for the creation of this nation's first solar bank, which will help us achieve the crucial goal of 20 percent of our energy coming from solar power by the year 2000.

These efforts will cost money, a lot of money, and that is why Congress must enact the windfall profits tax without delay. It will be money well spent. Unlike the billions of dollars that we ship to foreign countries to pay for foreign oil, these funds will be paid by Americans to Americans. These funds will go to fight, not to increase, inflation and unemployment.

Point four: I'm asking Congress to mandate, to require as a matter of law, that our nation's utility companies cut their massive use of oil by 50 percent within the next decade and switch to other fuels, especially coal, our most abundant energy source.

Point five: To make absolutely certain that nothing stands in the way of achieving these goals, I will urge Congress to create an energy mobilization board which, like the War Production Board in World War II, will have the responsibility and authority to cut through the red tape, the delays, and the endless roadblocks to completing key energy projects.

We will protect our environment. But when this nation critically needs a refinery or a pipeline, we will build it.

Point six: I'm proposing a bold conservation program to involve every state, county, and city and every average American in our energy battle. This effort will permit you to build conservation into your homes and your lives at a cost you can afford.

I ask Congress to give me authority for mandatory conservation and for standby gasoline rationing. To further conserve energy, I'm proposing tonight an extra $10 billion over the next decade to strengthen our public transportation systems. And I'm asking you for your good and for your nation's security to take no unnecessary trips, to use carpools or public transportation whenever you can, to park your car one extra day per week, to obey the speed limit, and to set your thermostats to save fuel. Every act of energy conservation like this is more than just common sense -- I tell you it is an act of patriotism.

Our nation must be fair to the poorest among us, so we will increase aid to needy Americans to cope with rising energy prices. We often think of conservation only in terms of sacrifice. In fact, it is the most painless and immediate way of rebuilding our nation's strength. Every gallon of oil each one of us saves is a new form of production. It gives us more freedom, more confidence, that much more control over our own lives.

So, the solution of our energy crisis can also help us to conquer the crisis of the spirit in our country. It can rekindle our sense of unity, our confidence in the future, and give our nation and all of us individually a new sense of purpose.

You know we can do it. We have the natural resources. We have more oil in our shale alone than several Saudi Arabias. We have more coal than any nation on Earth. We have the world's highest level of technology. We have the most skilled work force, with innovative genius, and I firmly believe that we have the national will to win this war.

I do not promise you that this struggle for freedom will be easy. I do not promise a quick way out of our nation's problems, when the truth is that the only way out is an all-out effort. What I do promise you is that I will lead our fight, and I will enforce fairness in our struggle, and I will ensure honesty. And above all, I will act. We can manage the short-term shortages more effectively and we will, but there are no short-term solutions to our long-range problems. There is simply no way to avoid sacrifice.

Twelve hours from now I will speak again in Kansas City, to expand and to explain further our energy program. Just as the search for solutions to our energy shortages has now led us to a new awareness of our Nation's deeper problems, so our willingness to work for those solutions in energy can strengthen us to attack those deeper problems.

I will continue to travel this country, to hear the people of America. You can help me to develop a national agenda for the 1980s. I will listen and I will act. We will act together. These were the promises I made three years ago, and I intend to keep them.

Little by little we can and we must rebuild our confidence. We can spend until we empty our treasuries, and we may summon all the wonders of science. But we can succeed only if we tap our greatest resources -- America's people, America's values, and America's confidence.

I have seen the strength of America in the inexhaustible resources of our people. In the days to come, let us renew that strength in the struggle for an energy secure nation.

In closing, let me say this: I will do my best, but I will not do it alone. Let your voice be heard. Whenever you have a chance, say something good about our country. With God's help and for the sake of our nation, it is time for us to join hands in America. Let us commit ourselves together to a rebirth of the American spirit. Working together with our common faith we cannot fail.

Thank you and good night.

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