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Eleunor G. Kille2n 362 South HcCadc1cn Los A~geles, Calif.

Dear Ms. Killeen:

Plac'.:: 90020

Re: Re~~~st ~or O?i~ion !':o. i5-201

Thank you for your lett0r :~ ~ove~b2r 12, 1975, regarding the reporting oblig~~i=~s of BEGIN. Si~ce your letter raises no substan~~~: questio~ involvi~g an interpretation of the Polit~c~~ Refor2 Act, no formal opinion Hill be issued. :~O'.·;2'JCr, I hOi)C t:--.e follm'ling inforrcial Cor:~,T,ents \·:ill ;-,e hel;:J[ul.

(I) The tax exempt St2~~2 ~f orga~izations is not subject to the jurisdictic~ ~~ the Fair Politic~l Practices Commission. H0wev~~, s~0ge5t that yc~ contact Jim Giroud, Exe2pt Org~~~za~ions Section G~ the Franchise Tax Boare!, (916) 3:):')-0705, for advice on the issues posed by your fir:::-_ question.

,(2) If the organizatio!lS Ul3.t officiCl11y unite vlit.h nF:GI~ spend over $250 in a :-:.onth "C{cting in concert" (Government Code Section 82047), 3EGIN must file a report with the Secretary of State ~~~~r Government Code Sec­tion 86108 (b). These org2.rlizc,t:~:::-ls are acting in co:!cert if they participate in joint act~o~ or devote resources to a particular p:co j cct P1l'CS·.; a 1', t to a CC~:J-;l,on plan of action.

(3) If BEGIN spends o~er 5250 in o~c month, its member organi7.c;tions ';'i(j~lJ.,l r-C)-'-': t-:: 2:feccec1. At its Dccer.\bE.:1: rl1cC't ing I tI-:c Co:;-.:-:~is s; 0': ' .. :i II co:'[s Leicer 2, regula-tion rcquiri C~i5;:::lr):::.:.t:: of ::.=::-.:::.- .-:::'.~-:: 2~lC: c:c1dr::css c= each mcmbe to :-;upport

f·,: '( °t -:) : - C 0 f: i "I 1 ( , ~: ;- t

o'-:\"'o:t)o:'~~· 2G, 19-i_)

]oL)r)~{ir~s; :;c~r\liccs (10~2tC:: ::~. £~ ~'\~.:: =-'J()8:(ist of arlC~~.(:L· o .C S :=t ft i z C~ t. : 0 n . rr b . ..:-~ ~ lor) !.) ~/ i ? ~ t o-,- ~ ~_ .~_ ~:. ::'.J r t_ his 1 0 ~ ;) ~. i :-::: activities on of State.

If you wish to appeal t~e ~~~ial of your opinion request, you may do so pursua~t ~~ = Cal. Adm. Code Sec­t j on 18 3 2 1 I a co p y 0 f \.; h i c :t i s 2: _ - ? :: :. e d h c? c e to.

If you have any qucstiO~5, ?leasc contact Natalie West, an attorney on the COffi~iss~~~ staff.

Si~'22~~1'/ I

~_C:~L~11/·L8'~~ Dan~~l H. Lowenstein Cha: :::-,:;.n, for the CO:TL'7lission

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Ls~ ~~gcles, Califo~nia 90020

Fair Political Practices COu~iS5:=~ 1100 K Street SacraQ~nto, California 95414

Dear Sirs:

I write to you on behalf of ny o~;ani2ation, B.E.G.I.N., for an opinion under the Fair P0~:~ical Practices Act.

BEGIN is a loose coalitio:1 of o:::-sa:1ization c:ctivists and others ,·,ho are uni ted arO'1:1Q a 5: e.:::ific issue fo"!'· the Dur­poses of educuting and eliciti:-,-;;- ::"C)~o~'in9' actio~~. O'.lr~ ~er-' sonnel are unpaid volunteers a~~ ~~~ op2rating f~~ds are donated.

The questions we put before the ?air Political Practices Commission are as follol;·.'s:

1. Would a tax exeDpt ors~~~z3tion lose this status if (a) it unite~ ~~th us or (b) allowed our speakers ~~~ b~lletins urging lobbying action to COT-:".2 :':;2fore their rncE:bers?

2. If all the organizatic~5 that officiully united with us togeth~~ ~?end over $250 in a month for 10hbJ3,n; c:-.::'::.s, must BEGE~ file a lobbvina renort to t~~ Fair Politicul J. J ~

Practice Co~ission?

3. If BEGIN spends o'.rer ::: 2 ~ ') In one r~ont-.h I \·:ould its ffi2;:1ber orsa:i22...:::.ic:-_s b'2 in any ~:2y affected?

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of over $250 in rcpor t '.:i th t:1c;

I f a 1 c} ! -; 1 :..; ~~ C .1

: ~~:::'.r Srl0l!1(~ :..::~ file ,1 lo::':-' . .::"in~r :'2i:: ~-.:- ~ _~ :.=,icc~l 1)r..:·:c::~ic2 CO:-"~~.li~.3iorl?

SllC:}l :)(,'( \/ j c:~:~; . c ~ :.. ..

of over S;hO ir!

:)::::c 12, 197~i Page 'J:"'::J

Thank j:'ou for your help. ~:c 10:;:: fOJ::'.·!arc to rcceivir:.g ym!r ~arliest possible reply_

SincerelYI

~~~l~ Eleanor G. Killeen

JUne 13, 1986\rI Vo~~ \~ No. ju~ t) .)

THE COUR'l' DEBATE

The battle over the retention of Chief Justice Rose Bird, and five associate justices is entering a new campaign phase.

Bird, the only jurist facing voters Nov. 4 who appears in grave danger of defeat, has adopted the theme that upholding the rule of law despite unpopular court decisions, justifies her reconfirmation for a 12-year term.

Opponents, who have also targeted Justices Joseph Grodin and Cru2 Reynoso for a "no" vote, have concentrated virtually their entire attack on Bird's reversal of 54 death penalty decisions. Most of the court's reversals have been either unanimous or 6-1. It's now clear that Crime Victims for Court Reform, the major anti-court group, will now try to link the two justices more tightly to Bird.

Bird, who appeared on ABC's "Nightline" program hosted by Ted Koppel, deflected his question about her philosophical support for the death penalty, by saying that her reversals were "never alone." She confided that the justices, concerned with fairness and constitutional questions, never discuss the merits, or demerits, of the death penalty. "That's not an issue for jurists. That's an issue for the people."

Koppel, for his part, pronounced Bird as "fascinating." It is "extraordinary" to see someone "who is willing to live or die on their principles." The talk-show host was, of course, alluding to Bird's willingness to become a legal Joan of Arc, a martyr, if necessary, for the cause of judicial independence in the face of public and political scrutiny.

with a war chest of over $1 million for a post-Labor Day blitzkrieg designed to lift her 28% confirmation vote to 50.1%, Bird was asked by an awed Koppel what she planned to do differently in the next five months to avoid becoming the first Supreme Court justice in history to be cashiered. "Well, we're hoping to have a dialogue with the people," she said.

Recently, Bird addressed a dinner sponsored by the Associated Press News Executives Council where she implored editors to help the public understand why the court "is not a mirror image of the legislative and executive branches of government" - why it can't pander to political whims. It is clear that Bird sees her survival on the bench as built around o~fering voters a civics lesson on the independence of the judiciary. Yet, the issue appears deeper.

Fundamentally, the unspoken issues debate centers on a 200-year old argument. Bird and the court's liberals, following Alexander Hamilton, espouse judicial activism in making social change; opponents, following Thomas Jefferson, want judicial restraint - interpreting rather than making law and leaving change to the elected branches of government.

G Joseph Scott, Editor 9920 La Clenega Blvd., Suite 517, Inglewood (at LAX), CA 90301, P.O. Box 3249, Torrance, CA 90510. (213) 649-4400

Copyright 1986 The Political Animal, Ltd. Quotation or ntproductlon In whole or part not permitted. ISSN 0279-0246

THE CALIFORNIA EYE/2

POLLUTION POLITICS

Environmental concerns - toxics, labeling and sewage - loom as key issues in the November election for both state and federal races. And in a statewide initiative expected to be on the ballot.

Gov. George Deukmejian and his Democratic rival, Mayor Tom Bradley, have been battling about toxic clean-up issues since 1984. Bradley has tried to link Deukmejian's large contributions from the toxics-waste cleanup industry with the accusation that the governor is "for sale." Polls reveal only that a fraction of Deukmejian's large lead has shifted to undecided, with Bradley's $1 million media blitz producing no movement for him, and putting him in cash-flow trouble.

Deukmejian has returned a $2,500 reelection contribution from Kansas City-based R.E. Wolfe Enterprises, the major contractor on a city-run, state-financed cleanup of the Capri dump site in an East Los Angeles neighborhood after an EYE inquiry.

As part of the wide-ranging public corruption probe statewide, the FBI is looking into the possibility that political influence may have played a role in the 1983 awarding of the cleanup contract by the Bradley Administration's Board of Public Works. Larry Thomas, the governor's reelection manager, said the refund was "appropriate" because the Wolfe firm has been mentioned in the FBI probe.

Now-imprisoned political fixer W. Patrick Moriarty (see Cyclops File) was a 50% owner in R.E. Wolfe Enterprises since its founding in 1982. His interest was later bought out by his partner, Rolla E Wolfe. Moriarty's conviction was unrelated to any business ventures with Wolfe, a millionaire Kansas City highway contractor, recruited by eX-Moriarty associate Richard Keith, now in prison.

Wolfe had a reputation for generous contributions to local politicians and retention of high-priced, name lobbyists and political consultants to get big government contracts in Los Angeles and San Bernardino counties. Public officials in Sacramento and at Los Angeles City Hall have questioned the way Bradley's Board of Public Works came to award the lucrative contract to R. E. Wolfe Enterprises by alterating the contractor selection process.

The quality of the Capri cleanup, the state's first Superfund toxic-waste job, has been the source of bitter accusations by both Deukmejian and Bradley against each other for over two years.

On a related issue - the illegal dumping of Los Angeles sewage sludge into Santa Monica Bay - a showdown is near over whether a 1977 lawsuit against the city by the Environmental Protection Agency will be reinstituted by a federal court.

The sewage issue has immense financial implications for Los Angeles and, depending upon the outcome of the EPA action, could seriously impact on the political fortunes of Bradley.

Under a 1980 consent decree, the city was to have halted sludge dumping entirely by July 1985. But, because a new treatment facility to allow that is far behind schedule, the city continues to discharge about 4 million gallons of sewage into the ocean daily.

At a May 29 federal court hearing, EPA pressed for some interim relief from sludge dumping until the completion of the city's Hyperion Energy Recovery plant in Playa del Rey. But the $200 million facility is not expected to be operational until next year. Meanwhile, the city could face the costly and difficult prospect of having to truck the sludge - up to 1,000 tons a day - to land disposal sites.

Intense pressure by EPA for a city settlement this month could involve the federal government agreeing not to seek several million dollars in fines against the Bradley-run Administration for other sewage

THE CALIFORNIA EYE/) problems. The city has never paid any fines to EPA despite its non­compliance.

EYE has learned from councilmanic sources that the City Council, anxious to avoid a court battle, i~ prepared to settle with EPA for at least $400,000. However, Bradley is said to be adamantly opposed to an immediate settlement with EPA on the advice of deputy mayor Tom Houston, and Maureen Kindel, president of the Board of Public Works. Asked about the Administration's position, however, Houston told EYE that "It is too early to tell" in terms of a quick settlement.

Bradley, a former Council member, is said to feel betrayed by his former colleagues' rush to resolve the problem. The view is widely held in City Hall, and especially within the Council, that Bradley's resistance is politically motivated - that he is stonewalling until after the November gubernatorial election in an effort to avert adverse publicity about the settlement which could embarrass his leadership.

The mayor, while mounting a strong attack on the governor's environmental record, has shown an unusual sensitivity about the city's dumping of sewage into the bay. "We are doing everything possible," he recently told EYE. But he pointedly volunteered that the bay "is not a toxic waste site."

While westside Democratic House members and local lawmakers have tried to accelerate efforts to have santa Monica Bay made eligible for a federal Superfund cleanup loan, top Bradley aides have worked behind the scenes to formulate an alternative proposal with EPA which would draw less attention to the city's responsibility for much of the pollution problem. Such a plan has yet to jell.

Deukmejian, not surprisingly, is increasingly focusing on pollution in the bay as a way to blunt Bradley's attacks on his own environmental record. And, in the wake of the ocean problems, including the finding of toxins in local fish, a coalition of environmentaiists has won recent federal court approval to participate in EPA's nine-year suit against L.A. Santa Monica restaurants now have posted signs saying their f~e~h fish is not from local waters.

THE CYCLOPS FILE EYE has learned from two sources that a decision concerning the

possible prosecution of Assembly Democratic Leader Mike Roos in connection with the on-going investigation into the activities of public corruption figure W. Patrick Moriarty has been referred - without recommendation - to Assistant Attorney General Steehen Trott, chief of the Justice Department's criminal division in Washlngton. u.S. Attorney Robert Bonner, who heads the overall Moriarty probe, withdrew from the Roos investigation last December to prevent suggestions of a conflict of interest.

Roos, one of several state politicians and lobbyists under investigation in the Moriarty probe, has been represented by Los Angeles attorney John Quinn, one of Bonner's former law partners.

Chief Assistant u.S. Attorney Richard Drooyan, asked about the Roos matter, declined comment in an EYE interview. Previously, neither Bonner nor Drooyan have discussed allegations against Roos. But published reports have said the inquiry has focused on charges that the Los Angeles lawmaker received the favors of prostitutes paid for by the former fireworks king. The inquiry also reportedly has looked into allegations that Roos collected a $50,000 profit on a real estate investment with Moriarty just days after a Moriarty-sponsored fireworks bill, which Roos voted for and helped lobby, narrowly cleared the Legislature on Sep. 9, 1981.

Drooyan did confirm, however, that the trial of Carson City Councilman Walter "Jake" Egan, indicted on extortion and mail fraud charges as a result of his links to Moriarty, will start June 24.

THE CALIFORNIA EYE'.

ZOOM LENS: Winners and Losers

Democratic Sen. Alan Cranston, 71, widely considered to be vulnerable, faces a new kind of non-ideological GOP elephant for the first time since Houston Flournoy beat him for controller in 1966 -moderate Rep. Ed Zschau, 46.

Cranston, who lists fighting toxic pollution and indiscriminate offshore oil development as two key campaign planks, came out swinging on the day after the primary with a $600,000 TV blitz attacking Zschau's flip-flops on votes in an effort to put the one candidate analysts have long believed could retire the minority whip (such is Cranston's confidence that he's just announced for reelection to that post) on permanent defense.

But Zschau fired back with a $600,000 missile attack of his own, starting the next day, attacking Cranston's failure to cast key 1983-84 votes. It looks like a bruising, and expensive, general election contest which Washington pundits are already describing as one that may decide control of the Senate in 1987.

Both candidates have expressed a desire for debates. Each starts out - after their TV rocket attacks - with war chests of over 1 million in the bank, or credit line. Cranston has built up a direct­mail donor list of 110,000 in the past IS-months (over 60,000 in California), while Zschau, an asterisk just a year ago, has gathered over 10,000 donors within months.

Cranston has always been able to count on the business community when faced with ultraconservative patsies in three precious outings. This time, however, Zschau, a former c.e.o., has the corporate ear.

Cranston has positioned himself well with the influential Jewish constituency within the electorate because of his opposition to the sale of advanced missiles to Saudi Arabia. GOP Sen. Pete Wilson, whose fundraising apparatus formed the core of Zschau's winning effort, also voted against the sale. But efforts to override President Reagan's veto failed.

Zschau's problem may be winning over GOP conservatives who think he's too liberal. There's concern about Orange County, a GOP bastion. where runner-up Bruce Herschensohn beat Zschau by almost 70,000 votes. Traditionally, GOP candidates need to carry Orange County by well over 100,000 votes in a general election to offset Democratic votes elsewhere. Yet, Zschau's win suggests under-4S "yuppies" are a new voting factor.

With state Treasurer Jesse Unruh getting what amounts to a free ride, and neither Attorney General John Van de Kamp and Secretary of State March Fong Eu, two other Democrats, believed to be in serious danger, the contests attracting railbirds are these:

Gray Davis (D) vs William Campbell (R) for the open seat of controller; and incumbent Lt. Gov. Leo McCarthy (D), vs. former Lt. Gov. Mike Curb (R). The McCarthy-Curb tilt has become instantly strident.

Davis, Campbell and Curb won their nominations by outspending their opponents heavily in terms of TV buys - a victory channel that was best exemplified by Zschau's use of the tube, lapping his opponents.

It was a big primary day for Assembly Speaker Willie Brown, who had five out of six winners. Brown sees more Democratic wins Nov. 4. Minority leader Pat Nolan did poorly, by comparison. Amid reports he may have funneled up to $700,000 to elect his condidates in contested primaries to build up his power base, Nolan won only two of five races. Sacramento chatter centers on retention of his shaky leadership post.

The California Eye Ia published ~ at $125 per year !Iv The Political Animal, lid., 9920 La Clenaga Blvd., Suits 517, Inglewood (at LAX), CA 90301 P.O. Box 3249, Torrance, CA 90510. Bulk Rate Subscriptlona are _liable upon request. Seconck:laaa postage paid at Inglewood, CA and additlonat mailing ofIIcea.

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