Tuesday, May 18, 2010

FROM THE CAPITOL: Protect public higher education

By Senator Leland Yee

After over a month of denying that they had even a single document pertaining to the upcoming controversial visit by Sarah Palin, California State University Stanislaus officials are now offering to disclose “800 or 900” documents about the event, according to a report published in California Watch - a project of the Center for Investigative Reporting.

As chair of the Select Committee on Open Meetings and Public Record Laws, the latest revelation has prompted me to demand CSU Chancellor Charles Reed hold the campus administration at Stanislaus accountable.

The CSU administration has completely violated the public trust and California law. Chancellor Reed should immediately take action to hold these administrators accountable. It should not take an Attorney General investigation and a lawsuit from a nonprofit for the CSU to do the right thing. How many more scandals do we need at CSU before Chancellor Reed takes some responsibility?

On March 31, together with Californians Aware, made public record requests asking the university to disclose Palin’s speaking contract as well as any other documents pertaining to her visit.

On April 6, the Campus Compliance Officer responded with, “The University has no documents that are responsive to your request.”
My office, however, acquired an email correspondence dated March 29 from the Vice President for University Advancement who was attempting to justify the Palin event to other campus administrators and faculty members.

On April 9, CSU student Ashli Briggs was informed that suspicious activity (specifically, document purging) was taking place within the administration building. After seeing several administrators’ cars in the parking lot on the university’s scheduled furlough day, Alicia Lewis and other students found several public documents in a campus dumpster.
Many of the public documents were shredded, presumably by university personnel. Among the intact documents were financial statements, university spreadsheets, and staff assignments, as well as pages 4 through 9 of the Palin contract, which showed her visit requirements include a hotel suite, first class airfare or a private Lear jet, pre-screened questions, and “bendable straws.”

The series of events spurred Attorney General Jerry Brown to launch a formal investigation and Californians Aware to file a lawsuit in Superior Court.

While publicly denying that the university had documents pertaining to the Palin visit, CSU Stanislaus President Hamid Shirvani falsely asserted that foundation documents were not subject to the California Public Records Act, even if the administration had possession of such documents. A 2001 court case involving a foundation at Fresno State University completely contradicts such a claim. The Superior Court ruling specifically requires foundation documents to be made public when they are in possession of the university itself.

Shirvani also falsely claims that the foundation’s work is completely funded by private donations when in fact the CSU Stanislaus Foundation is entirely located within the public university using taxpayer-funded administrators, employees, and resources.

There is not a fine line or even a blurry line between the foundation and the public university; there is absolutely no line. While students are suffering, it is unfair that top executives at CSU Stanislaus are wasting precious dollars on legal costs and cover-ups.

For many students, the cost to attend college does not come easy. There are those who work two jobs to pay for college expenses, and support their families at the same time. Student fee increases alongside cuts to department and classes force students to enroll in the CSU system longer than the typical four-year completion time. The CSU system is also laying off workers to balance their budgets. In a system of higher learning where Asian-Americans account for more than a third of the student and worker population, we must stop the misuse of these public dollars and stop this game of charades. Protect our public education now.

NO LIMITATIONS: For now – Let’s just celebrate….

By Atty. Ted Laguatan

The circumstances that led to Noynoy becoming president are God given. Had Cory lived for another year – Noynoy would not have been president. Had he not been the beloved only son of a martyr and a revered icon of democracy – and maybe if Kris had not been Kris – Noynoy would not have been president.

Child of destiny? Written in the stars? Fate? God’s will? Call it what you will – but it’s all of the above. It was meant to be that Noynoy would be president of the Philippines.
God made him president so that in out despair we would have new hope for a better Philippines – for a better future for our people. All men and women of good will must help out in this great endeavor.

It is impossible for Noynoy to succeed as president – if good people do not pitch in to help him.
To rid the government of its invasive culture of corruption alone seems an impossible task.
“BIR,” “CUSTOMS,” “Department of Public Works,” “Department of Education,” – just hearing these words alone makes us cringe. These words are synonymous with government corruption.
He also takes over an almost bankrupt government, and a Supreme Court whose members are all appointed by President Arroyo. There’s also the midnight appointees and positioned military personnel all beholden to Arroyo.

An enormous task lies ahead for the new President elect. The only thing he can be sure of is that if he is true to the ideals of his father and mother, if he lives centered on what is true and right, if he does not make deals with the devil – then good men and women will be behind him – helping him out.

For now, let’s just be happy that our worst fears did not materialize. Let’s thank God and celebrate.

-----------------o------------------

Atty. Laguatan’s legal expertise is officially certified by the California State Bar. He does immigration, personal injury, wrongful death, medical malpractice and complex litigation. He is rated as among the top 5 percent best lawyers in America by a magazine for lawyers. For communications: 455 Hickey Blvd., Ste. 516, Daly City, CA 94015; 101 California St. Ste. 2450, San Francisco, California 94111; Tel. (650) 991-1154, Fax (650)991-1186, E-mail: laguatanlaw@gmail.com

Tuesday, May 4, 2010

NO LIMITATONS: Philippine elections – Dark clouds ahead

By Ted Lagautan

May 10, 2010 is D-day for the Philippine’s first electronically conducted elections – a historical but potentially explosive event.

Independent surveys show Presidential candidate Senator Benigno “Noynoy” Aquino Jr. ahead of his nearest rival Senator Manuel Villar by double digits. Perceived as a moral leader, the only son of the martyred Benigno Aquino and the much admired President Corazon Aquino is expected to win - but only if the votes are counted honestly. Many doubt that the government’s Commission on Elections (Comelec) which runs the elections will make him win. An anomalous 1940 constitutional provision gives the president the power to appoint Comelec’s Commissioners. As such, Comelec is as honest or dishonest as the president wants it to be. “The President owns Comelec.” say critics of the troubled system and wants it amended. “The Supreme Court acting en banc should choose the Commisioners in a blind lotto pull from a long list of qualified candidates.” says one. Great idea.

President Gloria Macapagal Arroyo has the lowest popularity and trust ratings ever of any sitting president in the nation’s history. Like the late dictator Ferdinand Marcos and his wife Imelda, she and her husband are perceived to have grossly enriched themselves through massive corruption. Her 9 ½ year presidency is marked by one scandal after another (Read “Garci”,” “Jocjoc”, “ZTE”,”Northrail-Southrail”, “Smartmatic-Sahi TIM”, “midnight appointments”, “Ampatuans”, etc.

Term limits prevent her running for re-election – but she is perceived to be secretly supporting Aquino’s nearest rival Senator Manuel Villar – the “Villaroyo” partnership. Defense Secretary Gilbert Teodoro is her party’s official candidate but is among the tailenders because of identification with Arroyo – a kiss of death. Aquino vows to prosecute Arroyo and her husband for corruption. Villar remains mum on that issue. Her presidency ends on June 30, 2010 – but she continues to fill important government positions with “midnight” appointments – including positioning loyal junior military officers in key commands.

Last March, contrary to precedent, the Arroyo controlled Supreme Court confirmed her right to appoint the next Chief Justice even if her presidency ends in a few days – causing mass protests.

The credibility-challenged Comelec remains challenged. Well respected election transparency advocates former Chief Justice Art Panganiban and computer expert ex IBM executive Gus Lagman express public concerns: The scanning mechanisms for detecting fake ballots have been disabled; Clear plastic ballot boxes have been replaced with opaque black boxes; Comelec repeatedly refuses to have the entire source code (the brains of the system) completely examined and validated to ensure no hidden addition/subtraction cheat instructions are there. Lagman and other experts suggest a parallel manual count at the precinct level: “Verifiable paper evidence of precinct totals can be compared with those at the central office which if consistent will persuade that the elections are honest.” The parallel manual count demanded by various sectors is only for the position of president - easily manageable.

Notwithstanding, Comelec rejected this demand – citing expense and delay issues. At worst, the delay is one to a few hours and the additional expense involves mostly the hiring of two more people per precinct – a small price to pay for honest elections. Comelec instead announced a partial manual count audit in some precincts. The computer experts say, “Selective honesty with some precincts proves nothing.”
Many Aquino’s supporters and independent observers expect that Arroyo’s Comelec will hand the presidency to Villar.

Arroyo may possibly have something more insidious in mind. Consider these scenarios:
Plan A. Arroyo and her Machiavellian advisers know that predictably, Aquino supporters will react and take to the streets if Comelec declares Villar as winner. Tumultuous rioting and demonstrations will follow. Some demonstrators and police will be killed or hurt. Bombs will mysteriously explode in different locations and blamed on the communists, Muslim separatists or Aquino sympathizers. Then she declares martial law on grounds of preserving peace and order. Her puppet Supreme Court affirms the legality of her declaration. She stays on as president supported by well rewarded already positioned military officers. Political enemies are arrested, given the option to join her or else imprisoned on false charges. Others are simply eliminated – kept in secret prisons or simply disappear. Journalists are bribed and the honest ones muzzled. This is simply the old Marcos formula – but the problem is that it works in the Philippine setting where more than enough mercenary politicians, journalists, military elements and even religious characters are readily utilizable. This plan is an option if Noynoy’s lead is only by a single digit. I hope and pray this scenario does not become a reality.

Filipinos desperately need the international community’s help and mass activism. Arroyo must be pressured to hold clean elections and allow a parallel manual count. Intentions to declare martial law must be discouraged. Otherwise bloody hell could break loose when the election results are out and when the smoke clears – democracy in the Philippines is no more and the world will have another oppressive military dictatorship.

Plan B. Arroyo is also running for Congresswoman in her province of Pampanga where she is a shoo-in. With all the opportunities to do so much good for the country as President for 9 ½ years which she wasted, why would she now seek a much lower position? It’s certainly naive to think that she just wants to serve the people of Pampanga. More likely than not, it’s part of an alternative plan to seek the Speakership, then move for charter change and then become Prime Minister. If Noynoy’s lead in the polls is so overwhelming that it’s clearly impossible for him to lose without being cheated by GMA’s Comelec, this is her best option. She would invite international condemnation and prolonged siege demonstrations if she continued with plan A – making it impossible to reign as a holdover President.

As of this writing, Noynoy is overwhelmingly ahead of Villar by 19 points. He will be president unless Arroyo throws all caution to the winds and proceeds with Plan A. As president, Noynoy will have a very difficult start: Arroyo has most of the Congressmen in her pockets, owns the Supreme Court, has her midnight appointees in place – and the country’s coffers are almost empty from exorbitant rushed expenditures allegedly for kickback purposes. Still, Plan B is the lesser evil. Either way – plan A or B, we have a long road ahead of us in our continued quest for a better life for all Filipinos.

Atty. Laguatan is officially certified by the California State Bar as an expert/specialist lawyer. A lawyer’s magazine rates him as among the best five percent best lawyers in America. For communications: 455 Hickey Blvd. Ste. 516, Daly City, Ca 94015, 101 California Ste. 2450, San Francisco, Ca 94015 Tel 650 991 1154,
Fax 650 991 1186 email laguatanlaw@gmail.com

FROM THE CAPITOL: Controversy Continues to Plague Universities

BY Senator Leland Yee

Administrators at the University of California at Berkeley are following the lead of California State University Stanislaus executives by using taxpayer dollars to fund auxiliary organizations, which they had previously claimed were entirely self-supporting.
Despite the wildly held view that major athletic programs generate money for their colleges, UC Berkeley officials recently acknowledged that the Cal Athletics program has been operating in the red for the past few years.

As a result, over $12 million of general funds and student fees have been used to balance the budget of the fiscally unsound program.

Previously, representatives of the UC made countless claims that programs such as Intercollegiate Athletics – previously defined as an “auxiliary enterprise” – are entirely self-supporting and do not use public funds to operate. Yet in the face of tuition hikes, faculty and staff furloughs, and elimination of classes, yesterday the Daily Cal reported that UC Berkeley is now moving to designate Cal sports as a “hybrid” organization in order to allow millions of dollars in state subsidies to continue.
Recently, CSU Stanislaus claimed they had no documents or correspondence pertaining to a paid visit by Sarah Palin. Then, email correspondence by administrators regarding the visit were uncovered and students also found pages 4 through 9 of the Palin contract in the administration’s dumpster, which showed her visit requirements include a hotel suite, first class airfare or a private Lear jet, pre-screened questions, and “bendable straws.” The incident has spurred an investigation by the Attorney General, a lawsuit by Californians Aware, and several hate messages into the office of Senator Leland Yee (D-San Francisco) who had made a public records request to the University for such information.

Both UC Berkeley and CSU Stanislaus executives are displaying a shocking attitude of arrogance and indifference to the people of California. These administrations have argued against commonsense transparency and falsely claimed that they are not taxpayer-supported. When evidence emerges that suggests they are being less than truthful, they have no response. The students, faculty, and taxpayers of California deserve better than empty promises made in a transparency vacuum. Although both the CSU Stanislaus Foundation and UC Berkeley Intercollegiate Athletics (IA) program use state-funded resources like computers, staff, and office space, the situation at UC Berkeley involves direct state funded appropriations to IA. These appropriations are in direct violation of the parameters of auxiliary enterprises – defined as “services including student housing, intercollegiate athletics, food services, bookstores, and parking. Auxiliary Enterprises are self-supporting and are not subsidized by the state.”
The definition of auxiliary enterprises was developed by UC itself, and is used in California’s budget process. According to the Daily Cal, UC officials are operating as if IA was never considered an auxiliary enterprise and thus allowed continued state funding of Cal Athletics.
This is another example of one of our public universities playing ‘hide the ball’ with the public’s money. As a Berkeley grad, I want our athletics program to succeed as much as anyone, but I seriously question the university’s priorities when public dollars are flowing into auxiliaries at the same time they are turning away students and laying off workers.

As a result, student fees are increased and funding for programs are being cut. This makes it difficult for our working families to afford a college education for their children. For students who are working to pay for their college education, they are forced to stay in school longer in order to get all the classes necessary to complete their programs. It is not fair that the students are the ones suffering.

Last week, I wrote a letter to Chancellor Robert Birgeneau requesting a clear accounting of all revenues and expenditures. In arguing against legislation I introduced, Senate Bill 330, to subject campus auxiliary organizations to the California Public Records Act, UC and CSU have claimed public funds are not used in their operations.

STREET TALK: MAY ANGAL????

BY Greg Macabenta

If you grew up in the streets and had to deal with a bully you may recall having been told this to your face: “May angal?” Literally: Any complaints?
If the bully was much bigger than you, and especially if he had other toughies backing him up, you simply swallowed your pride, meekly shook your head, and took whatever abuse was heaped on you.

Your only recourse was to weep in self-pity and complain to the heavens about your fate. If you were the type with some measure of braggadocio, you told your friends that you didn’t have the heart to embarrass the bully or you didn’t want to dignify his lack of manners. But deep inside you, you felt really puny, impotent and helpless. And ashamed of yourself for not fighting back.
In this country, which has deteriorated into one governed, not by laws but by people wielding raw power, we are being bullied and told to our faces:

“May angal???”

We make a lot of noises, organize marches, sign petitions, hold up placards, write letters to the media, threaten to go to court and curse the bullies to high heavens. But after so much sound and fury, the bullies in government still get away with their abuses. In fact, in a literal sense, they get away with murder.

The question is: deep inside us, how do we feel? Do we feel puny, weak, impotent, helpless and ashamed of ourselves?

But can't do much more? So far, that seems to be the case.
Gloria Macapagal-Arroyo phoned and instructed a Comelec Commissioner to ensure her victory by cheating. She was exposed. She brazened it. Garci went into hiding then reappeared. And after a lot of zarzuela in the Senate and in the media, nothing came out of the case. Garci even ran for congress. Mercifully, he lost. But Arroyo remained president.

May angal???

Jocjoc Bolante, undersecretary of agriculture, was summoned by the Senate to explain the misuse in the Arroyo presidential campaign of millions in agricultural funds. He went into hiding in the U.S., was jailed, deported to the Philippines and finally faced the Senate. But all they could extract from him were denials. Nothing has come out of the case. Now Bolante is running for governor of Capiz in the party of Manny Villar who is the no-longer-secret candidate of Arroyo.

May angal???

The chairman of the Comelec, the presidential husband and Gloria Arroyo herself were accused of complicity in the ZTE-NBM scandal that would have yielded millions of dollars in illicit profit for the conspirators. Arroyo prevented a key witness from testifying before the Senate on the excuse of executive privilege. A compliant Supreme Court backed her up. To this day, a clear case of corruption and obstruction of justice remains unresolved and unpunished.

May angal????

The Supreme Court, formerly the last recourse for those seeking justice, has told the nation to “Shut up already” and live with its decision to allow Gloria Macapagal-Arroyo to appoint the next Chief Justice. That way, Arroyo will have an even more compliant high court when she unravels her Machiavellian scheme to remain in power.

May angal????

The acting justice secretary, Alberto Agra, has decided to clear two members of the Ampatuan clan of involvement in the Maguindanao massacre, based purely on alleged alibis and discounting the testimony of a witness that the two had a hand in the planning of the killings.
The Ampatuans are electoral magicians. They can make even the most favored candidate end up with zero votes. And they can make someone like Chavit Singson number one among senatorial candidates, never mind his dismal performance everywhere else. Obviously, the Ampatuan magic will be harnessed once more in the May 10 elections.

May angal???

State prosecutors, all subordinates of Agra, led by Chief State Prosecutor Claro Arellano, have publicly protested Agra’s unilateral decision and a nationwide uproar has been raised against him. But he is standing his ground.

May angal????

The Commission on Elections has piled up more blunders than the Keystone Kops, leaving in serious doubt the efficient and honest implementation of the country’s first automated polls. To protect the integrity of the electoral process, calls have been made for a parallel manual count. IT experts, civil society, the business community, media and most of the candidates for president are demanding it. But the officials of the Comelec have rejected this recomendation, insisting that the elections will be conducted without a hitch.
That’s like saying that a car with faulty brakes, broken headlights, balding tires and a defective steering system is fit and ready for a race. But as far as the Comelec officials are concerned, it’s their way and no other way.

May angal????

The partylist system was devised to ensure representation for the disadvantaged and the under-represented. But the Arroyo dynasty does not want to let go of power. Gloria Arroyo will taking a demotion to member of congress, just to stay in power, and her son, Mikey, from whom she is grabbing the congressional seat, has decided to demote himself to security guard – more accurately, as the representative of security guards – in order to remain in Congress. Another relative claims to represent tricycle drivers. Everyone knows it’s a farce. But they’re getting away with it with the approval of the Comelec.

May angal????

Gloria Arroyo, feeling ultra-generous, decided to appoint her personal manicurist to the board of trustees of the Pag-IBIG Housing Fund and her gardener as deputy of the Luneta Park Administration. Her spokesman, Gary Olivar, justifies this as providing representation for the common people.

May Angal???

And speaking of Olivar, this fellow is a U.S. citizen, as well as a Filipino citizen. According to the law, a dual citizen who occupies a key official position in the Philippine government must renounce his foreign citizenship. Has Olivar done so? Is he breaking the law and getting away with it?
So what else is new? May angal???
And so, the elections will be held on May 10. There is every reason to fear that it will be Garcified.
May angal???
This we have to see.
(gregmacabenta@hotmail.com)