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AMBER ALERT
Sunday
Please don't look at the difference ... Please!
Thursday
Court to rule on student loan debts
Posted By Lyle Denniston On June 15, 2009 @ 10:07 am In Orders and Opinions |
The Supreme Court, agreeing on Monday to hear four new cases, said it would decide whether an individual who owes on a student loan may wipe out the debt — at least partly — in a bankruptcy without showing that the debt posed an “undue hardship.” The case is United Student Aid Fund v. Espinosa (08-1134).
The Court also said it would spell out the rights of service station operators to sue to challenge the loss, or non-renewal, of their franchises from oil companies. The Court consolidated for review the cases of Mac’s Shell v. Shell Oil (08-240) and Shell Oil v. Mac’s Shell (08-372).
In a third case, the Court will consider putting constitutional limits on states’ authority to restore storm-eroded beaches along the ocean or lakeshores, when such action modifies private property boundary lines. (Stop the Beach Renourishment v. Florida (08-1151).
The fourth new case brought back to the Court an issue it had agreed to decide, but did not resolve, six years ago: when two companies agree to send their disputes to arbitration, may a court order that process to go forward as a class action, if the contract says nothing on that issue. The issue arises anew in Stolt-Nielsen S.A., et al., v. Animalfeeds International Corp. (08-1198).
In two rulings on the merits, the Court struck down, by a 7-2 vote, a tax imposed by the city of Valdez, Alaska, on cargo ships that used its port (Polar Tankers v. Valdez, 08-310), and it issued a unanimous ruling clarifying the findings that an immigration judge must make in order for a conviction of a crime to be used as the basis for deportation (Nijhawan v. Holder, 08-495).
The Court, moving toward a summer recess starting late this month, has 14 decisions to go. It announced Monday that it would sit again on Thursday, and more decisions are expected then.
The Court, in another of Monday’s orders, invited the U.S. Solicitor General to offer the federal government’s views on an issue under the bankruptcy law’s Chapter 13 — what is the formula bankruptcy courts are to use in deciding how much a Chapter 13 debtor has available to pay creditors who hold no security, when a repayment plan is being fashioned. There is no deadline for the S.G.’s response. The case is Hamilton, Trustee, v. Lanning (08-998).
Among the cases the Court refused to hear on Monday was a constitutional dispute over the federal government’s powers to set aside federal and state laws that interfere with the building of the long fence on the U.S.-Mexico border, part of an effort to restrict drug traffic and thwart terrorist movements. The Court had turned aside that controversy a year ago (07-1180). This time, the Justices examined the new case at eight separate private meetings, then still came to the conclusion that it would not rule on it. The case is El Paso County, et al., v. Napolitano (08-751). As usual, the Court offered no explanation for denial of review.
In another denial, the Court refused to hear a claim that anti-Castro sentiment was so rampant in the Miami, Fla., area that a group of five Cubans could not get a fair trial there on charges of spying for that government. The case had stirred a strong international reaction. It was Campa, et al., v. U.S. (08-987).
Filings in granted cases and the CVSG case are below the jump.
Docket: [1] 08-240; [2] 08-372
Title: Mac’s Shell Service, Inc. v. Shell Oil Products Company; Shell Oil Products Company v. Mac’s Shell Service
Issue: Under what circumstances may a service station operator bring suit against an oil refiner or distributor for “constructive termination” under the Petroleum Marketing Practices Act?
State getting IOUs ready
Wednesday, June 24, 2009
By JIM MILLERSacramento Bureau
Press Enterprise
SACRAMENTO - California Controller John Chiang warned Wednesday that the state would issue IOUs for the first time in 17 years starting next week unless the Legislature starts fixing an estimated $24 billion budget shortfall. Chiang's announcement came as a Democrat-crafted package of budget cuts failed on party-line votes, highlighting the Capitol's gridlock in solving the state's budget mess and avoiding a cash crisis in July.
Lawmakers are scheduled to be back in session this morning to try again. Legislative leaders told lawmakers to be ready for floor sessions throughout the weekend. Yet there were no signs Wednesday that lawmakers are anywhere close to an agreement on fixing the 2009-10 spending plan passed only four months ago. State revenue has nosedived since then and voters rejected several billion dollars in budget solutions. Wednesday's legislation contained about $11 billion in spending cuts. The Legislature's majority Democrats said they would oppose additional reductions to children's health, welfare-to-work, and in-home care programs. "We're the eighth-largest economy in the world. There is no excuse for us not being able to provide for our most vulnerable citizens," said state Sen. Denise Moreno Ducheny, D-San Diego, who represents part of Riverside County.
Republicans countered that the Democratic proposal would still leave the state spending billions more than it takes in. They also opposed higher taxes on oil and tobacco products that are part of a different bill that was not considered Wednesday. "You think we enjoy making cuts? You think we want to see little kids running around without shoes or food or anything like that?" said state Sen. Bob Dutton, R-Rancho Cucamonga. "The problem is that the way we've been going about this the last six or seven years wasn't the right way to do it," said Dutton, the Senate GOP's budget point person. Republican Gov. Arnold Schwarzenegger has proposed billions in additional cuts and the elimination of some health and welfare programs. The governor has vowed to veto the Democrat-crafted legislation if it reaches his desk. The governor's office said Wednesday's debate "has cost the state valuable time and pushed us closer to insolvency."
IOU ahead
Wednesday's budget votes were the first since all-night legislative sessions in February yielded $41.7 billion in higher taxes, spending cuts and borrowing as part of a spending plan that was supposed to take the state through June 2010. The state's budget problems won't go away. California's projected tax revenue has fallen by billions. Last month, voters snubbed $6 billion in borrowing and fund shifts assumed in the February deal.
The state now is on pace to run out of money by July 28. Treasurer Bill Lockyer and Chiang -- both Democrats -- and Schwarzenegger have called on lawmakers to fix the budget by the end of June to allow enough time to arrange short-term loans.
Chiang's IOU announcement adds another level of urgency in the standoff. The state has not issued IOUs since 1992. Chiang's office delayed some payments during a cash crunch earlier this year but the problem is much worse now, his office said. "We need to conserve cash in order to make all the payments at the end of July," controller's spokeswoman Hallye Jordan said.
Bond holders, schools, and some other state programs get first dibs on state money. The state cannot issue IOUs to state employees because of a court ruling after the 1992 IOUs. The IOUs would go to companies doing business with the state, local governments, and some other recipients of state money. They later would be repaid in full, plus interest.
Issuing IOUs likely would worsen the state's credit rating. That would make it more expensive, if not impossible, to borrow money next month and thereafter. "If the state starts issuing IOUs, the damage to our credit rating could be substantial and long-term. It could take years to recover," Lockyer spokesman Tom Dresslar said. State Sen. Gloria Negrete McLeod, D-Chino, said Republican lawmakers should support the Democratic plan and avoid the IOUs. If the Republicans don't feel it's enough, well, they don't have a plan," she said. "Somebody said this is like giving a starving man a hamburger and he doesn't want it because it doesn't have fries." I want to solve the problem. I'd stay here 24 hours a day if I have to if we actually solve the problem," (S)he said.
Sunday
Riverside County Board of Supervisors, others volunteer for 10 percent pay cuts
By JULIA GLICK
The Press-Enterprise
All Riverside County supervisors and several other elected officials have volunteered for 10 percent pay cuts to help save money and to demonstrate solidarity with workers who are being asked to make concessions, it was announced Tuesday.
Supervisors Roy Wilson and Marion Ashley requested and were granted 10 percent pay reductions last week. They encouraged other elected officials to do the same. Supervisor John Tavaglione, who was traveling last week on county business, announced Tuesday he would join them. Supervisors Jeff Stone and Bob Buster followed suit. "We need to set the example for our employees in these very difficult times," Tavaglione said. "I think our board should be unanimous in that regard."
Supervisors will each see a cut of about $14,300 to their annual $143,000 salaries. The cuts would last at least one year and could be renewed based on the county's financial position. County Executive Officer Bill Luna next week plans to propose that managers take similar cuts to their pay and benefits, according to a county news release. Auditor-Controller Robert Byrd, Treasurer-Tax Collector Don Kent and Assessor-County Clerk-Recorder Larry Ward have also requested cuts.
The county is working to close a $130 million revenue shortfall in the fiscal year that begins July 1. It has sought concessions from several employee unions.In April, supervisors authorized Luna to impose cuts and furloughs on managers who are not represented by unions.
The county is running out of time on the budget, Luna said in a written statement. Hopefully, unions will recognize the budget crisis and agree to their share of cuts, he added. The county plans to adopt a budget June 30.
Friday
Retribution - by any means necessary
Oh how could I be so brazen. Further, I had a picture of the "unknown comic" from the eighties on one page. Just for fun, a person with a smiling grocery bag (as in gag) over his or her head. As well as a picture of myself dressed for Halloween as a Roman Senator, you know Rome! Aligned with the sixth grade curriculum. I was told that someone at the DO found it offensive! No names were given, see also "blackey Houston's Moreno valley" and most anything written by 'MVgordie.' This all occurred two days after the hail storm of critical commentary from the readers of the Press Enterprise's timid report on Victoria Baca's arrest. I admitted (in my blog and the P.E. commentaries) to having seen Mrs Baca engaged in some very racist comments of her own. In doing so I probably gave my ID away. I have always made it clear that I am a concerned educator in Moreno Valley. No problems, I too ms. Baca have a right to freedom of speech. Anyway, the principal was told "someone" from the DO would be putting paper (a reprimand) in my file." Further, he asked me to go home and made it clear that I wasn't to return until I had a doctor's written "clean bill of health." I asked what he meant and he just told me the same thing again. " a clean bill of health. I returned to Friday morning with the note. and went about my day. The first day of my vacation. I was left a message from the Principal to call him. I needed to come in and move my stuff from my office so it could be painted. Knowing this was the whim of our guidance clerk and the DO was broke. I sent a letter to the lead custodian and one of the head painters saying that I really didn't want. MY office painted. Never the less The Principal came in and immediately called me. Telling me to come in on the first day of summer break. Lets see what "retribution" is in the works come August.
Thursday
Cuts cost L.A. Unified its Teach for America instructors for next year
June 19, 2009
The district has worked with the nonprofit since the early 1990s; more than 600 Teach for America members have taught in L.A. Unified classrooms since 2004. Now, in addition to taking no new teachers from the program next year, the district is considering laying off a third of its current 67 first-year Teach for America members.
But for now, the district's decision means that in Teach for America's Los Angeles region, which is among the organization's largest nationwide, most members will teach at charter schools, not traditional public schools. Charters are publicly funded schools that operate independently and are free from many state and district regulations.
"So long as we are serving students from low-income settings in public schools, we are agnostic about the governance model of those schools," said Brian Johnson, executive director of the nonprofit's Los Angeles operation. "We want to have a significant presence in traditional public schools. However, if there are no vacancies in traditional LAUSD schools this year, we want to ensure that we are still bringing top talent into classrooms in Los Angeles."
Some educators are critical of the program, saying its young teachers lack the training of traditional teachers and sometimes use the time to add an altruistic flourish to their resumes before they move on to more lucrative careers.
Supporters point out that teacher turnover in troubled schools is high regardless, and that after Teach for America members finish their two-year commitment, two-thirds continue to work in education. Research also has shown that the Teach for America members are as effective as teachers with conventional credentials.
For the coming school year, the program accepted 4,100 out of 35,000 applicants for placements across the nation. About 140 of these teachers will be based in the Los Angeles area, and more than 100 of them will be placed in charter schools.
The program's 14 placements in the Compton Unified School District for next year appear unchanged for now. But 13 placements in the Pasadena Unified School District are uncertain as the district struggles with state budget cuts, officials said.
"All things told, we have . . . felt very fortunate to have the caliber of teachers we were able to bring on the Muir staff from TFA," said Tim Sippel, assistant principal at Pasadena's John Muir High School, where five were placed this year. "We desperately hope we can retain them in the midst of the budget crisis we are facing as a district."
In Los Angeles, the Teach for America members who recently received pink slips are among some 2,500 employees in the district facing layoffs as the district struggles to find $132 million in additional cuts this school year, and $143 million more for the coming year. Teachers in the program are paid $39,788 annually, the same as other new teachers with alternative certifications. The district also pays the organization a $3,000 training fee for each member it hires.
Libby Pier, 22, an eighth-grade English teacher at Los Angeles Academy Middle School, was angry and hurt when she received her layoff notice in the mail. The Boston native, who graduated from Northwestern University last year, said her year of teaching in South Los Angeles has been rewarding and challenging, and a learning experience.
"I've fallen in love with my school, with my kids, and the idea of being able to help even one student and make a difference in their lives and make them love learning," said Pier, who has interviewed at four inner-city charter schools and may pursue a doctorate in educational psychology if she can't find a classroom position. "I was definitely planning on remaining in teaching. . . . Now, I don't have a job."
seema.mehta@latimes.com
Tuesday
What CFT Members Can Do About the State Budget Crisis - Print E-mail
(sorry it's hard to find good info let alone tactics from CTA)
Now the same factors that produced the budget crisis last year are being enormously compounded by the national economic crisis. To his credit, the governor has added the small progressive tax on oil into the mix with his regressive sales tax proposal. But the problem is deeper than just this year. We have a structural gap in the California state budget, varying year by year, but running in the billions of dollars.
We need instead to increase state revenues with carefully considered tax increases, especially closing tax loopholes for those who can most afford to pay: the wealthy and large corporations. Taking these actions will allow us to fund the social programs we need.
What created the problem?Mostly undiscussed, but crucial to understanding California's problem, is that the state legislature, to get a recalcitrant minority of anti-tax legislators to pass state budgets, gave up taxes on the top brackets and the much-maligned vehicle license fee (VLF) during the height of the dot-com bubble. Each year since 1991, the state budget's ability to generate revenue has been compromised by rescinding one or more taxes. This meant the accumulated loss of many billions of dollars in revenue, contributing greatly to the current deficit.
Indeed, the VLF alone was worth $4 billion per year when Schwarzenegger, to great applause by the legislative Republicans, eliminated it. The VLF today is estimated to be worth close to $6 billion. Add up the loss of that amount each year since Schwarzenegger's election, and you have the budget deficit. Until last summer, Schwarzenegger clung to the position that he would not raise taxes. (Technically, the VLF is a fee; but since he called it "the Gray Davis car tax" throughout his recall campaign, that's what it remains in the public mind.)
Bring the top income tax bracket (people who make more than $300,000) back from 9.3% to 11% ($5 billion)
2)Reinstate the vehicle license fee ($6 billion per year)
3)Re-assess non-residential real property ($3 billion per year)
4)Limit mortgage interest deductions to $50,000 in interest ($47 million per year)
5)Require that large corporations file as corporations, not “S” type partnerships ($500 to 600 million per year)
6)Enact severance tax on oil produced in California ($.5 billion per year)
7)Extend sales tax to Internet purchases ($20 million)
These are each worthy proposals. But the real problem that needs to be addressed to solve California's budget problems is Proposition 13. It builds in inequities between residential and commercial taxation, and, depending on when a homeowner buys a house, inequities among homeowners as well. Reform of Proposition 13, which locks in a broken budget system, is an urgent priority.
The "two thirds" problem: blocking democracy. The problem with these ideas is that in California, any tax increase must be approved by a supermajority of 2/3 in the state legislature. California is one of just three states that require more than a simple majority to raise taxes. Each year a small minority of legislators, opposed to tax increases on ideological grounds, can block the will of the majority and prevent a balanced approach to solving the budget crisis. That's what happens every year, including last year, once again. Legislators should be able to enact a necessary tax increase with a simple majority instead of wrangling endlessly with hard core anti-tax ideologues.
Over time we must convince our legislators and the governor that only progressive tax reform can solve the long-term crisis. The problem isn't "overspending." This is a simplistic analysis of a complex problem. California is a big and growing state, and needs big revenues to function.
We are currently witnessing the return of the Gilded Age, in which the wealthiest among us continue to increase their riches at the expense of the rest of us. The top one percent of wealth holders in the United States owns one third of the assets of the country. The top ten percent owns 70% of the wealth. That leaves the bottom ninety percent of wealth holders–the overwhelming majority–with less than a third of the country's wealth. When Barack Obama spoke of "spreading the wealth around," this is the reality to which he was referring.
Don't let people tell you that "we don't have the money" for a decent public education system. The money's there. It's just in the wrong pockets. Tell your legislators.
Other Resources on the State Budget Crisis
From CFT president Marty Hittelman
.
I am asking you to take a few minutes out of your busy life to contact your legislators. We must act now to help prevent massive reductions in funding to public education and social services.
Send a letter to your legislators
California is facing the most severe budget crisis since the passage of Prop 13 in 1978. In many ways it is even worse today, as we have already experienced many years of large cuts to public education and social services.
Read more...
L.A. teachers arrested in civil disobedience protest Print E-mail
utlacd2
May 15 — Several dozen members and leaders of United Teachers Los Angeles (UTLA) were arrested when they sat down in the street in front of the Los Angeles Unified School District headquarters and refused to leave. UTLA had scheduled a one-day strike to protest budget reductions, layoffs and soaring class sizes, but had to revise their plan when a judge issued a restraining order that would have fined teachers and threatened revoking their credentials if they struck. Instead, teachers demonstrated before school at their sites and staged a sit in.
Read more...
CFT files suit to protect schools, community colleges Print E-mail
May 8 — The California Federation of Teachers, AFT/AFL-CIO yesterday filed suit in San Francisco Superior Court to force the state to repay nearly $12 billion slashed from the K-14 public education budget over the past two years. The CFT was joined by Service Employees International Union Local 99 in the lawsuit, which seeks to enforce voter-approved Proposition 98 minimum funding guarantees.
The CFT filed the suit following an announcement by Governor Schwarzenegger threatening to cut another $3.6 billion from the education budget. The plaintiffs said that going to court to restore school funding is a better option than passing Propositions 1A and 1B in the May 19 Special Election.