NO LIMITATIONS: Beautiful San Francisco – Pinoy Heaven

By Atty Ted Laguatan

San Francisco, California. When former USSR Head of State Mikhail Gorbachev visited the San Francisco Bay Area – half seriously, he said “Residents here should pay higher taxes because this place is so beautiful and pleasant.” I absolutely agree as to the “beautiful and pleasant” part. The “higher taxes” part let’s just skip.

Allow me to do some bragging. I have travelled the world: Rome, Paris, Geneva, London, Brussels, Bonn, Rio, Buenos Aires, Tokyo, Seoul, Prague, Madrid New York, etc., etc. – but as crooned by Tony Bennett - my heart is in San Francisco. It’s also in Manila where I was born and in Quezon City where I spent my earlier years and went to college and in Makati where I also now have a residence.

Hills, mountains, ocean, quiet lonely beaches, redwood forests with the oldest living trees in the planet, clean air, clear blue skies and starry nights – these I love so much. Add cool Baguio-like weather during summers and mild no snow winters. Even the occasional fog which is not pea-soup thick like London’s brings a romantic aura to this incredible “city by the bay”. One cannot find a greater racial and cultural diversity than in this area where great Universities like Stanford, University of San Francisco and Santa Clara, University of California – have student populations that are half non-Caucasians and predominantly Asian. Here also are great museums, fabulous swimming pool -sized public aquariums featuring sharks and giant fishes, an excellent zoo stacked with the world’s exotic animals , sports arenas, modern computerized libraries and America’s computer technology center called Silicon Valley.

A couple of hours away East is Napa Valley, wine country where the wines produced compare with Europe’s best. Another two hours farther is Reno, a world-renowned gaming and entertainment center and the nearby scenic resort town of Lake Tahoe surrounded by majestic snow capped mountains. A couple of hours away South is Monterey’s famous “17 Mile Drive” which snakes along the Pacific Coastline with beautiful views and featuring the legendary Pebble Beach golf course and fabulous homes of the rich and famous including that of “Dirty Harry” Clint Eastwood.

I moved to San Francisco from Chicago in January 1975 – not knowing what to do with my life. Three years earlier, 1972 - martial law was declared in the Philippines and I could not return home after some studies in Chicago. I was stuck. Three years later, the dictatorship was even more formidably in place. I had already gotten married and now had a one year old boy and a one month old girl. I did not want to get stuck in Chicago’s concrete jungles, its extreme cold and extreme heat weather and pervasive mafia culture . This is not to say that Chicago does not have good qualities because it does. I met many good people there.

The move to California was truly a “bahala na Diyos” (“take a chance”) decision as I and my young wife hardly knew anybody here and had little money in our pockets. Fortunately my wife is a registered nurse and immediately got a job at Stanford University Medical Center. We were bone poor living on a tightly budgeted income – oh but how happy we were arriving in such a beautiful setting with our two little babies. I’ve never equated happiness with money – even if it sometimes helps. I couldn’t get much of a job with a Bachelor’s degree in Public Administration from UP .

I really did not know what I would do when I arrived in the San Francisco area. My only guide was to be true to my Center. I discovered a quiet place across the Golden Gate bridge and directly below it where I could fish and do some crabbing and be in solitude and refer the question of what to do with my life to a Higher Power – my Center. In this special quiet place where I had a great view of the bridge and heard the lonely foghorns of ships coming and going – I spent long hours sometimes until 4 o’clock in the morning by myself – well not really, I felt my Center was always with me. I caught dozens of Dungeness and red crabs – no legal catch limits yet at that time. I also caught flounder, snapper, shark and other kinds of fish. I caught so much there was no more room in our freezer – so I often just gave my catch to neighbors. It was here that I made the final decision to go to law school – but where would I get the money involving thousands of dollars? Again, “bahala na ang Diyos” and by a miracle, I got to law school – but that’s another story.

Hundreds of thousands of Filipinos live in the San Francisco – enjoying all the bounties of the land and the culture. Not only are practically all Filipino foods available here including vegetables and fruits like Mexican grown Philippine Carabao mango - but also the delicious foods of the rest of the world. The finest authentic Chinese, Japanese, Thai, Vietnamese, Korean, Italian, French and of course Filipino and American steak restaurants are found here.

San Francisco was the center of activism against the Marcos dictatorship. It continues to be the center of political activities relating to Philippine affairs.

Yes – San Francisco is now home – just like the Philippines. A pinoy heaven on earth. I love it.
Note: Atty. Laguatan is officially certified by the California State Bar as an expert/specialist lawyer. He is rated by a lawyer’s magazine as among the best five percent of lawyers in America. For communications: 455 Hickey Blvd. Ste. 516, Daly City, Ca 94015 or 101 California St., San Francisco, Ca 94111. Tel 650 991-1154 Fax 650 991-1186 Email laguatanlaw@gmail.com

FROM THE CAPITOL: International Violence Against Women Act

By Senator Leland Yee

The International Violence Against Women Act (IVAWA), currently pending in US Congress, would task the US Agency for International Development and the Department of State to develop strategies and direct resources to prevent and respond to violence against women and girls throughout the world. The Act would include collecting data and conducting research about violence prevention efforts, enhance training of military and police forces on violence against women, and authorize $5,000,000 to support the United Nations’ efforts to eliminate violence against women.
This is why I have authored Senate Joint Resolution 24 urging Congress to pass IVAWA. Violence against women is rooted in many causes and takes many forms throughout all parts of the world. It is imperative that while we attempt to end violence against women in our own communities, we support global efforts to combat this injustice everywhere. SJR 24 will send a very clear message to Washington: ending and preventing violence against women should be a priority of our foreign policy.

According to the World Health Organization, approximately one in three women in the world will experience violence in her lifetime, and one in five of the women in the world will be the victim of rape or attempted rape. A United Nations study on the global AIDS epidemic found that in sub-Saharan Africa, women who are 15 to 24 years of age can be infected at rates that are up to six times higher than men of the same age.

Violence against women is an impediment to the health, opportunity, and development of not only women, but has an enormous, negative impact on the well-being of their children and the greater society. Violence against women impoverishes women, their families, their communities and nations. It lowers economic production, drains resources from public services and employers, and reduces human capital formation.

Greater gender equality has been proved to lead to improved nutrition, lower child mortality, less government corruption, higher productivity, and reduced HIV infection rates. Increased access to economic opportunities is crucial to the prevention of and response to domestic and sexual violence. Campaigns to change social norms, including community organizing, media campaigns, and efforts to engage and educate men and boys, have been shown to change attitudes that condone and tolerate violence against women and girls and reduce violence and abuse.

According to the United States Agency for International Development (USAID): 70 percent of people worldwide living in poverty are women and children, two-thirds of the illiterate adults in the world are women, two-thirds of school-aged children who are not in school are girls, more than three-quarters of the refugees in the world are women and children, and 1,600 women die unnecessarily every day during pregnancy and childbirth.

In addition to SJR 24, I have introduced two additional bills to assist victims of domestic violence. SB 662 would increase marriage license fees by $10 to provide an additional $2.5 million to $5 million annually for domestic violence shelters. SB 782 would prevent landlords from unfairly evicting victims of domestic violence or sexual assault.

I am also leading a statewide effort, called the “White Ribbon Campaign,” for men to speak out against violence against women. Individuals interested in joining the White Ribbon Campaign are encouraged to visit my website at www.senate.ca.gov/yee.

STREET TALK: The work hasn’t even begun

By Greg Macabenta

If we are to believe the pundits, the manipulators and the masters of intrigue, President-elect Noynoy Aquino is already mired in a quicksand of conflict within his camp – the result of victorious allies now turning on each other instead of on the enemy.

We are reading column items written by folks who used to concentrate their firepower on the Manny Villars and the Erap Estradas, now heaping unflattering adjectives on erstwhile allies. Of course, this is not surprising. Allies are often glued together by the fact that they have a common enemy. But when that enemy is vanquished, their latent animosity emerges and they turn on each other.

One reason is the cliff-hanger vice-presidential contest. This is understandable. The stakes are high and the contenders have invested considerable resources to win the prize. You can't stop people from taking sides. Nasty language is to be expected, no matter how civil those involved may want to portray themselves.

But there are other stakes involved, most of all, the welfare of the country. The contenders and their supporters should not forget that. Their work has not even begun. Infighting will impair their ability to do a good job. And their enemies would like nothing better than to see them fail.
The other reason is the reported fight over turf and the spoils. This is normal. In the aftermath of any conflict, there will be spoils. Not wanting to partake of them takes a great deal of self-control and a capacity for abstinence.

After World War II, with Hitler vanquished, the allies immediately engaged in a struggle over turf and spoils. Among other things, this resulted in the partitioning of Germany.
But, given this reality, there is every reason to believe that the various factions in the Aquino-Roxas camp have the capacity to set aside their differences and focus on the task at hand. After all, while the battle for the presidency has been won, the war against poverty and corruption stilll has to be fought, and the struggle to arrest the erosion of the values, resources and the future of the country still has to be undertaken.
Wasn’t this what brought these diverse factions together, in the first place? Aren’t they duty-bound to pursue their avowed mission?

I’m reminded of our efforts to ensure the proper observance in the US of the first centennial of the declaration of Philippine independence on June 12, 1996. In many cities, we had to deal with the problem of rival community organizations competing with each other for the most meaningful and most impressive commemoration of the historic event.

Because I was a pro bono deputy executive director for the US of the commission, I was caught in the middle of some of these conflicts. In one instance, I was asked to join Consul General Josue Villa in mediating one such dispute between two FilAm federations in Las Vegas over the conflicting schedule of activities that the two groups were lining up.

Addressing the rivals, I said that theirs was not an unusual case. I pointed out that during the Philippine revolution, the Katipunan had two factions, the Magdalo of Gen. Emilio Aguinaldo, and the Magdiwang, which supported Supremo Andres Bonifacio.

But both factions acknowledged that they were fighting for the same cause, liberty, and against a common enemy, Spain. And they realized that the only way to defeat the enemy and achieve their goal was to fight alongside each other, despite their rivalry.

“That’s all I ask of you,” I concluded. “You don’t have to like each other. You just need to be willing to work with each other to ensure a successful centennial celebration.”
I reminded them that success would enhance the image and prestige of the FilAm community in Las Vegas and failure would embarrass them all.
After my remarks, the leader of one federation stood up and declared, “I don’t like them, but I’m willing to work with them.”
Not to be outdone, the head of the other federation also spoke up. “We don’t like you either, but we’re willing to work with you.”

Having said that, the two groups sat down to reconstitute the centennial festival committees, making sure that each group had a significant role in the event. The result was a very successful commemoration of the centennial in Las Vegas, with both groups sharing in the credit.

I guess, the same could be said to the groups in the Aquino-Roxas camp who are rumored to be competing and intriguing against each other. I say, “rumored,” because, having spent my younger years in showbusiness, as a reporter and as a movie insider, I know that molehills tend to grow into mountains as word is passed on from ear to ear. Often, the intrigue is fanned by the “alalays” or the underlings, eager to score brownie points with their bosses.

Some people relish the intrigue, and don’t allow facts to get in the way of their fiction. But it would be a mistake to ignore the normal conflicts that are part of the aftermath of an election campaign, where there are winners and there are losers and where there are those who still are uncertain if they have won or lost.

For sure, people are jockeying for media mileage, whether belonging to the Jojo Binay camp or to that of Mar Roxas. Some folks are firm believers that perception is reality and the stronger they can create the perception, the greater the possibility that reality will follow.

And yet the reality is what will result from the canvass that the Congress will hold. Whatever perceptions are being developed by publicists and media allies, the harsh reality of a winner and a loser will eventuality dawn on everyone.

But none of that should detract from another harsh reality, which is that the real war has not yet been won, the struggle isn’t over, the promises haven’t been fulfilled, in fact, the work has not yet begun, and everyone involved in making those promises and raising the expectations of the Filipino people have a moral responsibility to deliver on their promises, whatever their loyalties, agendas or personal feelings.

In other words, whether they like each other or not, they all agreed at the outset to address a common challenge, they vowed to carry a common burden, they made loud and solemn promises to millions in this country, and they are duty-bound to make good on those promises. Otherwise, their credibility will be suffer.
But the only way they can succeed is to agree to work with each other, whether they like each other or not.

The only way they can help Noynoy Aquino to succeed is by agreeing to carry their part of the load, even if they dislike some of those who are sharing the burden. It will take some degree of heroism and nobility on their part. Setting aside selfish interests for the greater good is easy to say but not easy to do. Yet it can be done.
Wasn’t it Ninoy Aquino who declared that the Filipino is worth dying for? For that, he gave up his life.
Surely, it’s so much easier giving up personal agendas and personal loyalties than giving up one’s life.
(gregmacabenta@hotmail.com)

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

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.