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Kevin Dayton

Will a Few Republican State Legislators Open Floodgates for Costly Union Control of California Water Projects?

Union lobbyists try to be discreet when they influence the California State Legislature to gain advantages in public contracting. That secrecy is now crumbling in the case of a new “urgency” bill that authorizes a Monterey County water agency to use an alternative bidding procedure to build a pipeline project.

Can unions whip this bill through the legislature before new revelations about backroom deals undermine local support for it? It depends on how many Republicans in the Assembly and Senate see construction union support as useful to their political futures.

A Mundane Objective: Awarding a Contract for a Water Storage Project

The Monterey County WaterResources Agency proposes a $25 million pipeline to improve water storage by transferring water between two reservoirs. It wants to use a construction procurement procedure called “design-build.” Instead of awarding separate design and construction contracts to the lowest responsible bidders, the agency would award one combined contract for the project based on subjective scoring criteria.

Since the early 1990s, the California legislature has passed… Read More

Kevin Dayton

Governor Brown Signs Union-Backed Senate Bill 7 and Continues Erosion of Constitutional Checks and Balances

What’s the point of having a constitution if the government punishes The People for exercising their rights guaranteed in it?

Article XI, Section 3 of the California Constitution gives the state’s 121 charter cities the authority to govern their own municipal affairs. In recent years, city councils have proposed charters and voters have approved charters in order to circumvent costly and unnecessary state mandates imposed by the California State Legislature on local governments. Many of these mandates are pushed into state law by union lobbyists.

In 2012 the California Supreme Court upheld a right practiced by dozens of charter cities. The court ruled that charter cities could establish their own policies concerning government-mandated wage rates (so-called “prevailing wages”) for public projects funded exclusively with city funds and private projects getting city financial assistance.

To stifle this little local rebellion, State Senate President pro Tem Darrell Steinberg and Republican Senator Anthony Cannella introduced a bill in 2013 sponsored by the State Building and Construction Trades Council of California. Senate Bill 7 cuts off… Read More

Kevin Dayton

Unions Tempt Republicans with “Bipartisanship” Lure: Five Tips for Resistance

Two Republicans in the California State Legislature are now voting for legislation sponsored by the state’s construction unions, following several years of unified, principled caucus resistance to such schemes. One might think that former Republican legislators Brett Granlund, Anthony Pescetti, and Ken Maddox are back from term-limited exile, in disguise.

Union leaders and lobbyists are thrilled! They can now label their costly, self-serving bills as “bipartisan” while labeling their more principled critics as “extremist.”

A Bipartisan Attack on Constitutional Rights, Local Control, and Fiscal Responsibility

Most prominent among the union-backed bills with Republican support is Senate Bill 7. This bill would withhold state funding for any of the state’s 121 charter cities that exercise their right under the state constitution to set their own government-mandated wage rate policies for purely municipal construction.

SB 7 undermines the principle of local control over local funds and the fundamental structure of constitutional federalism. It also punishes fiscally responsible cities that recognize how state-mandated… Read More