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Some of Jerry's Accomplishments
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To Jerry Kern's army of tormentors – environmentalists, neighborhood activists, public-safety unions – add yet another squad of snipers: animal-rights champions.
In a letter released last week, Linda Kelson, president of San Diego Animal Advocates, took dead aim at the embattled Kern:
“State Sen. Dennis Hollingsworth and Assemblyman Martin Garrick plan to attend a canned hunt to raise campaign funds for Oceanside Councilman Jerry Kern on Friday, May 22. Invitees can kill as many farm-raised nonnative pheasants and chukars as they can blast away for (a) $1,000 per person donation.
“Any birds who escape death by shooting cannot survive in the wild. Apparently, killing defenseless birds to raise a campaign war chest for a fellow Republican is more important than attending to the state's fiscal crisis. How about canning the hunt and finding ways to flush out some solutions for your strapped constituents?”
Them's fightin' words, designed to energize those who view the state's conservative politicians as wastrels and hunting as America's barbaric pastime.
But are they warranted by the facts?
Should Kern's choice of an outdoor fundraiser be fair game in the blood sport of politics? Is this rhetorical shot to the face a form of torture?
“We should have invited Dick Cheney,” Kern joked over the phone when I told him of the letter.
To most outdoor sportsmen, “canned” hunting is an abomination, illegal in many states, including
California.
An exotic animal like a lion, raised in captivity and virtually tame, is placed in an enclosed – or “canned” – area where the “hunter” shoots and kills his “trophy.”
To a real hunter, the principle of “fair chase” is vital. The prey must have a sporting chance to escape. Otherwise, there is no sport.
For example, when I was a kid in the Imperial Valley hunting quail with a single-shot .410 shotgun, my father would have disowned me if I had killed a sitting bird.
If a reasonable possibility of evasion exists for the bird, it's fair game. Like it or not, that's the honor code of those who accessorize with orange in the backcountry.
In Kern's invitation, sportsmen are promised a challenging experience at the Palomar Hunt Club in Santa Ysabel: “Using a unique wild-release method of pheasant and chukar, this hunt is as close to wild as it gets.”
As I learned from Chris Magill, the Palomar Hunt Club's owner, the game birds are raised in 100-yard-by-300-yard “flight pens,” where they develop as naturally as possible, he said.
A couple of hours before the hunt, as many as 50 birds are released in a field up to 400 acres in size.
Without trained dogs, hunters wouldn't have a chance of finding, flushing and shooting the birds, especially the chukars, Magill said. Typically, about 70 percent of the birds are bagged. Hawks and eagles feed on the survivors, Magill believes.
Kern's fundraiser is a far cry from a canned hunt. (When I talked to her on the phone, Kelson, an accomplished painter of wildlife, conceded the point.)
Clearly, the odds against the released birds are worse than they would be for cagey birds raised in the wild. But the same dynamic applies to lakes stocked with fish.
A release hunt, ideal for training dogs and developing the skills of junior hunters, is a far cry from the slaughterhouse of a canned hunt.
Bottom line, Kern is doing with shotguns and environmentally friendly steel shot
what other politicians do with Callaways and Titleists.
He's trying to have fun and raise money to survive in office.
A lifelong hunter who doesn't much care for golf, Kern is facing an execution squad in Oceanside.
It was reported recently that the city's public-safety unions had joined Kern's political enemies and donated $15,000 to pay for professionals to gather signatures on recall petitions.
If that effort is successful – and with the infusion of union money, it appears it will be – Oceanside will stage a $500,000 recall election in January, some 10 months before Kern's term would expire.
That's a $50,000 monthly surcharge whether or not Kern is shotgunned out of office.
So why are the unions burning their members' money to kill Kern's career? By all accounts, it boils down to this: The blunt-talking Kern, allied with the pro-business majority, is waving red flags over the long-term sustainability of the city's pensions.
In short, he has touched the third rail of municipal politics.
Recalls can be brutal things. Given that an election for a replacement would coincide with the yes/no recall vote on Kern, multiple constituencies will mobilize on behalf of multiple challengers. Voters backing a candidate presumably will vote “yes” on the recall.
In effect, Kern will be running against the field. He'll be all alone, a hunted pol released in a treacherous landscape.
As it happens, Kern is himself a hunter. He shoots game – and eats the semi-wild meat.
Well, if that's an unforgivable sin in some quarters, so be it. But don't brand him with the stigma of canned hunting.
At the very least, let the chase be fair.
City |
Normal Cost |
Payment of Unfunded Liability |
Contribution rate as percentage of payroll |
Carlsbad |
18.09 |
10.34 |
28.43 |
Del Mar Fire |
15.59 |
11.4 |
28.11 |
Del Mar Lifeguard |
11.46 |
-0.78 |
11.02 |
Encinitas Fire |
13.36 |
1.68 |
17.47 |
Encinitas Lifeguard |
13.36 |
1.68 |
16.38 |
Escondido |
18.74 |
11.35 |
30.1 |
Oceanside |
18.16 |
4.05 |
22.21 |
Poway |
15.59 |
8.20 |
23.56 |
San Marcos |
15.59 |
5.26 |
23.15 |
Solana Beach Fire |
15.59 |
16.0 |
32.26 |
Solana Beach Lifeguard |
15.59 |
12.92 |
30.43 |
Vista |
15.59 |
9.20 |
25.42 |
SUNANA BATRA -- North County Times October 7, 2009-10-07
Look for the union label, and be afraid. Be very afraid.
I was reminded of that scene in Walt Disney's "Fantasia" in which Mickey Mouse brings a broom to life to help him
with his chore of fetching water from the well and pouring it into a stone basin in the wizard's laboratory, much
like a public servant of his own.
Mickey directs the broom in his chore but falls asleep and awakens to find that the basin is overflowing and the
broom is still filling it up, causing a monstrous flood.
Mickey is ultimately rescued by the wizard, but it got me thinking: Who will rescue the people of Oceanside from
the unions that have bankrolled the recall of City Councilman Jerry Kern and what these scammers are about to
wrought on the city?
In a way, the unions are gambling, even ignoring which way the winds are blowing. In a recent Gallup poll, fewer
than half of Americans ---- 48 percent, an all-time low ---- approve of labor unions, down from 59 percent a year ago.
Could they be wearing out their welcome? The drop is likely due to widespread disgust at how public workers
have retained exorbitant direct and deferred compensation packages while the rest of California bleeds during
these hard times, and is forced to make cuts.
People sense there is something deeply flawed in this rush to tinker with the balance of power just one month
before the public-sector union contracts are due for consideration.
The goal of the recall organizers is to be rid of someone who puts the interests of residents before the interests
of the union, plain and simple.
This power-grab will allow them to cherry-pick a replacement candidate who will be sympathetic to them and give
them everything they want.
In the last 10 years, the state's budget has doubled, from about $74 billion in 1997 to $145 billion in 2008,
but have any services doubled for us?
No. A study in 2005 by the nonpartisan Employee Benefit Research Institute estimated that the average
public-sector worker earned 46 percent more in salary and benefits than comparable private-sector workers.
Some 5 million private-sector workers have lost their jobs in the last year, and their unemployment rate is
teetering above 10 percent.
By contrast, public-sector employment has grown in virtually every month of the recession, and the jobless rate
for government workers is a mere 2.8 percent.
So the public should be forewarned.
Popular union leader John L. Lewis was once asked what his miners were after.
His answer? More.
There has been no instance in which public sector unions didn't want higher taxes and more government, no
matter what the economic condition of the community or the capacity of the public to pay.
It's time we man up and stop allowing ourselves from being politically bullied.
GUFFANTI: Dangers of union control
STEPHEN GUFFANTI North County Times October 1, 2009
The city of Oceanside faces the recall of City Councilman Jerry Kern, a recall funded by Oceanside's police
and fire unions. Without their money to pay for petition signatures, the number gathered would have fallen well
short of what was required.
Whether Kern should be recalled is no longer the issue. The issue is, do voters want Oceanside's police and
fire unions to run the city? Consider what happened after Vista's teachers union engineered a recall that gave it
control of the Vista Unified School District:
In 1994, the union gained political control of a fiscally sound district that had built a school a year for the previous
eight years without a bond. At the time, Vista Unified was considered one of the best districts in North County.
During the next 10 years, the district stopped building schools without a bond, fell to the brink of bankruptcy
and declined academically to where it had one-third of North County's federally sanctioned schools.
No board member who demanded accountability received union support. In fairness, the union was just doing
its job of getting more money without providing more value.
Although the recall produced lower academic performance and fiscal irresponsibility, only about a fourth of the
community had children in school, so the vast majority had no reason to get involved.
In contrast, police and fire
services affect everyone.
What would happen in Oceanside in the face of a union with political control of the City Council and an appetite
for more money? More parking and speeding tickets and less response to the more dangerous crimes like
burglaries or assaults? More fine-generating fire inspections and slower response to fires?
Once the union gains a grip on your council, you may never recover it. Public employee unions use your taxes
to fund their political activities. They are sheltered from economic downturns, so while they can always outspend
candidates who rely on voluntary donations, they really benefit politically from a recession where the voluntary
donations evaporate.
In the 2008 council election, Oceanside's unions attacked Jim Gibson's business rather than his position on the
issues. The attack, verging on libel, was extraordinary in that if believed, it would not only undermine Gibson's
campaign, but would also destroy his living.
This tactic is frightening because it discourages any independently minded, middle-class person from running
for office. Either the candidate works for the union or he doesn't work at all.
Oceanside's police and fire unions are prepped to dislodge the community from control of its City Council. Doing
so would allow them to control both sides of contract negotiations.
Voters can support the unions in this effort and suffer the consequences for decades or they can keep the
balance of power on their council by keeping Jerry Kern until his term expires.
STEPHEN GUFFANTI is a North County physician and former board member of the Vista Unified School District.
LETTERS:
Oceanside city budget – NCT Oct 8, 2009
A … letter from Lizbeth Altman (Oct. 5) (blames) Jerry Kern, Rocky Chavez and Jack Feller for the possible
loss of an ambulance. For Ms. Altman's information, the City Council does not come up with the budget.
The City Council will vote on the budget in several weeks and this is one of the many items that will probably
be discussed again. There may have been a budget workshop; however, the final budget comes out of the
City Manager's office.
My question to Ms. Altman and the Fire Department: How many times since the city of Oceanside has had
four ambulances have they all been out at the same time? I cannot answer that; however, I would think it would be
zero times.
I am a Jerry Kern supporter and will not vote for his recall. Maybe Ms. Altman needs to look at the whole picture
and really see what is happening here in Oceanside.
Ken Hacker
Oceanside
LOCAL VIEW: Keep Kern in Office; Vote 'NO' on Recall
Reasonable Pay Versus Volunteers – Oct 3, 2009 NCT
No one could have missed the spectacular photo of the burning house on the front page of the Business
section of Saturday's North County Times ("Burning down the house? IRS nixes tax deductions,"
Sept. 26). I hope everyone read the article to learn that volunteer departments make up the bulk of the nation's
firefighters.
Somewhere between $0 and the proposed increases to the already high salary and benefit package Oceanside
pays to our fine police and skilled firemen is an amount we can continue to afford.
Union and city negotiations begin in 2010, which could raise your taxes again. Vote no on the recall of Jerry Kern.
Ann Mortland
Oceanside
RANDY MITCHELL – NCT September 27, 2009 12:00
On Dec. 8, we are being asked by a few misguided souls to go to the polls and vote on an issue that never
should have been considered in the first place. Were it not for the unions, which spent tons of money buying
signatures on a petition, this Oceanside City Council recall election would not happen..
The election issue is: Should we recall Councilman Jerry Kern because he used good judgment in helping cut
city costs when money is virtually non-existent and this is not expected to improve in the foreseeable future?
The unions and a few other not-so-well informed citizens easily could have waited only a few months when
Councilman Kern's term normally would have expired; and if they felt so inclined then, could then vote him
out of office in the customary way if they still felt they did not like his way of controlling costs when city revenues
were dwindling.
But, no, they have chosen an expensive recall election to accomplish what would have been just
as effective a few months later.
What kind of logic is that?
Councilman Kern and his wife, Blake, are well-established community supporters, involved in volunteer city
activities for as long as they have lived here.
For example, when Days of Art was deeply in need of help with a children's activity, they stepped forward with
students from their school and filled an important need for the youth of Oceanside without fanfare or praise.
Where were those who want him recalled at that time? I don't remember seeing any of them volunteering to help
then or later, and my wife and I had leadership roles in those early Days of Art and would have known.
Instead of praising him for his fiscal aptitude, those union members and a misguided cadre of others who think
the same way, are causing the city to spend nearly a half million dollars on a needless election, hoping for
rewards in the way of increased city expenditures that will benefit only themselves.
If they really do not believe fiscally as he does, then why don't they put their money, mouths and efforts where
they should be and challenge him at the polls in November, instead of in an expensive recall election?
The unions have caused the city to spend good money on this unnecessary recall election. But since they have
asked us to judge, let them have it.
Vote NO, either when you send in your absentee ballot or when you visit the polls on Dec. 8. But do not forget to
vote and make certain it is a "no," so we can keep Jerry Kern in office where he belongs.
LETTERS TO THE EDITOR:
Vote NO on Jerry Kern Recall – Sep 25, 2009 NCT
Voters, please vote no on the recall of Jerry Kern.
Jerry is an effective and efficient Oceanside council member. Jerry has paid close attention to balancing our
city budget, supporting quality of life for citizens by opening parks and supporting businesses to bring jobs to
our city.
This recall is almost completely funded by public safety unions who want to replace Jerry with their person,
who will vote with Jim Wood and Esther Sanchez to give them the big pay raises like they did during last
contract negotiations. They don't need another double-digit pay raise during these tough economic times.
The average firefighter makes more than $100,000 annually. How much more do they need? The Marines
make less than half that.
Please vote no to the union having both sides of the negotiation table.
Liliana Simmons
Oceanside
Kern Recall is a Farce – NCT Sept 4, 2009
The recall of Councilman Jerry Kern is a farce. It has nothing to do with the way he carries out his duties as a
councilman, but has everything to do with those who want their own majority. Perhaps a Wood-Sanchez-Lowery
triumvirate is more acceptable to them. They attack Kern and the KFC because it isn't "their" KFC.
A recall is nothing more than pressuring elected officials to adhere to the position expressed by the petitioners.
Pure and simple, it's their way or no way. Why have elections if the other side can just waste time and money to
promote their agenda by recalling who they feel is not doing what they expect? This whole thing stinks from tin
to Tiffany. Do they really believe voters of this city are ignorant souls who simply buy into this attempt to hijack
our city government?
I will vote no on the recall!
Michael Clark
Oceanside
'Professional' letters? – NCT Sept 4, 2009
It's fairly obvious that some (most?) of the letters and Opinion columns submitted to recall Councilman Jerry Kern
are professionally written over various citizens' names. I think most readers recognize this and consider the
source of their ridiculous accusations.
Anyone telling us that spending $500,000 on a special election one year before general elections is a "bargain"
must be a professional "smoke and mirrors" writer. Oceanside cannot meet its budget.
How can public employee unions get off completely wasting $500,000 of taxpayer money in any good conscience?
If they don't like being snubbed with their flim-flam proposals, a duly elected councilman must be recalled? This is
not democracy. This is special interest rules!
When we first voted for Mayor Jim Wood, we really thought he would rise above partisanship and consider what's
best for all of Oceanside. He has since kow-towed to select special interests' demands. So disappointing! After
Wood's threats to Kern, I've seriously considered I may be subject to union retaliation for writing this letter. I
wonder how many others feel the same?
Voters! If we don't keep the Kern, Feller, and Chavez progressives, Oceanside will sink further into a public
service workers' dictatorship.
Mary Sissoni
Oceanside
North County Times 8.27.9
Jerry Kern is an honorable man
The Local View article "Kern recall an abuse of process," Aug. 16 by Rich Rayburn in the Aug. 16
North County Times succinctly encapsulated my ... thoughts regarding Councilman Jerry Kern's recall fiasco. ...
I recommend that you read the article if you've overlooked it.
It is patently apparent to me that a few of Oceanside's voters are either ill-informed or have no scruples when it
comes to achieving their "spoiled children's" ways. Many of the naysayers swear the recall effort is not about
Kern, but about his performance in office.
He has performed admirably and completely in consonance with the promises he made prior to being
elected. Additionally, he is a U.S. Air Force veteran and has been demonstrably supportive of local efforts to
enhance our military retirees' and active duty personnel's way of life.
I voted for Kern (an honorable man) and will encourage others to do in the Dec. 8 recall and in next year's
election if he chooses to run.
Finally, I think all of (those) who signed the recall documents should voluntarily pick up the recall expense
(only about $44 per signature) because ... Oceanside taxpayers shouldn't have to pay for their infernal folly.
Warren Altstatt
Oceanside
EDITORIALS:
EDITORIAL: Memo details Oceanside's Pension Woes
North County Times Opinion staff August 16, 2009
OUR VIEW: Cost explosion reason to reform benefits plans
We need look no further than the Aug. 4 memo from Oceanside City Manager Peter Weiss and Financial
Services Director Teri Ferro on the actual costs of the city's pension plans to understand local politics in the
current age.
The document, prepared at the request of City Councilman Jerry Kern, details the history of annual city pension
costs borne by taxpayers from 2002 through the estimated expense for 2010. It does not include any share
borne by the employees themselves.
The numbers show astonishing growth of total costs from $5.2 million to $20.9 million eight years later ---- a
300 percent increase.
If the additional amounts from year to year were being borne by employees interested in preparing for their
retirements, we would applaud.
But safety employees (police, fire, harbor patrol and lifeguards) do not bear any portion of their pension costs ----
taxpayers pay both the city's share and the employees' share. At least the general or miscellaneous employees
pick up roughly half of their share (a number that is on top of these totals).
Even putting the numbers into constant dollars to adjust for inflation shows a more than 200 percent increase.
And adjusting for the number of employees doesn't help much, either. The average number of city employees
in corresponding years went from 938 in 2002 to a high of 1,011 in 2008-09 and drops again with layoffs in the
2010 budget plan to 980.
Looming is the certain increase in rates by the California Public Employees' Retirement System, the gigantic
state-run pension fund in which Oceanside and a host of other governments participate. That system is poised
in coming years to dramatically ratchet up rates to cover the losses incurred by last year's market collapse.
This is a cautionary tale for governments across North County and Southwest Riverside County.
And so to the extent that groups are flexing political muscle in Oceanside and elsewhere, the reasons seem
obvious: the protection of public employee benefits.
To put this into the perspective, Oceanside (with a general fund budget of $117.7 million) is facing a $13
million hit from the state tax grab and has seen its own tax revenue projections slide by another $5 million
in the last months.
Now you get it.
The police and fire unions may want to protect their very cherry benefits, but the rest of us can't afford them.
And this cost explosion is proof of the need to reform public employee pension plans.
Do you agree?
ARTICLES:
Supporters defend Kern against recall
By Michael Burge Union-Tribune Staff Writer August 9, 2009
OCEANSIDE — A group opposing the recall of Oceanside Councilman Jerry Kern says it will rally forces to
defend the beleaguered official.
Citizens Against the Recall Effort, a political action committee separate from Kern's campaign, carries many
of the same themes the councilman does and describes the special election as a wasteful, union-driven coup d'etat.
“From our perspective, this whole recall is a sham effort,” said David Shore, a lawyer who, like Kern, is a
former president of the Oceanside Chamber of Commerce.
“This is a public-safety-union-driven attempt” to take control of the City Council, Shore said. A three-member
council majority is friendly to business and development.
The police and fire unions spent $46,000 to collect the 11,389 signatures needed to force a recall election.
The firefighters union criticized recent budget cuts supported by Kern and Councilmen Jack Feller and Rocky
Chavez, saying they threaten the public and front-line firefighters.
“With contracts coming up, they're trying to control both sides of the bargaining table,” said Shore, repeating
almost verbatim one of Kern's arguments.
The City Council is expected to set an election date at its next meeting, which begins at 5 p.m. Wednesday
at the Oceanside Civic Center, 300 N. Coast Highway.
City Clerk Barbara Riegel Wayne is recommending that the election be held Dec. 8. In her report to the council,
Riegel Wayne said that the special election is likely to cost the city $483,000 – an issue Kern's defenders use to
attack the recall drive.
“I was pretty unhappy with the idea that the city is forced to spend a half-million dollars (on a special election)
when Councilman Kern is up for re-election next year” in November, Shore said.
He and Tia Ballard-Gregson are co-chairing the anti-recall committee.
Jim Sullivan, an organizer of the recall effort, has said the drive is not just a union-backed attempt to gain a
council majority. Sullivan said it grew out of residents' frustrations that Kern backed development interests at
the expense of the community.
Sullivan cites Kern's support of a concrete batch plant near Loma Alta Creek, which the three-member majority
of Kern, Chavez and Feller approved but which wasn't built; the extension of Melrose Drive to complete a
link between state Routes 76 and 78; and construction of a freeway interchange at Route 78 and Rancho del
Oro Drive.
Kern: Unions are the real issue in recall drive
By Michael Burge Union-Tribune Staff Writer
2:00 a.m. August 1, 2009
OCEANSIDE — Oceanside City Councilman Jerry Kern knows his short political life will be on the line in a recall
election later this year, but he says a lot is on the line for the city, as well.
Those calling for Kern's political head criticize him for favoring developers over residents, for being rude to citizens,
and for turning his back on city workers.
But Kern counters that it's really about one thing.
“It's not 'should we recall Jerry Kern'; it's 'should we let the unions do this,' ” said Kern, a first-term councilman,
who would face re-election next year.
City unions are under pressure to preserve jobs, “and the best way to preserve jobs is to control both sides of the
negotiating table,” Kern said.
Last week, the county Registrar of Voters validated nearly 11,400 signatures on petitions to recall Kern, setting the
stage for a citywide vote by the end of this year.
The election will cost $400,000 to $450,000, according to the registrar, money that Kern said could be better spent
on city programs.
Although Kern is the ostensible target, the recall effort is seen as aiming to break up a majority council bloc consisting
of Kern, Jack Feller and Rocky Chavez.
The pro-development threesome has alienated some Oceanside voters and the police and firefighters unions, which
contributed heavily to the recall drive.
Last November, the unions tried to unseat Feller and backed Mayor Jim Wood over Chavez.
Kern has said that the city must cut jobs to balance its shrinking budget, and the firefighters union doesn't want to
sacrifice jobs.
Officials for that union couldn't be reached for comment, but they have said that the Fire Department is already spread
too thin and that cutting positions threatens the public and front-line firefighters.
Wood and Councilwoman Esther Sanchez are often a minority on controversial issues.
Jim Sullivan, a spokesman for the committee to recall Kern, said the effort has nothing to do with unions but with
Kern's arrogance.
“While no one is accusing Mr. Kern of malfeasance, all of the things we have against him as a politician indicate he is
not suited to be a politician,” Sullivan said.
In January, Sullivan's mobile-home park, Mira Mar Mobile Community, was targeted for possible demolition in a draft
plan to revitalize the Coast Highway corridor.
The council voted unanimously later that month to remove the park and the harbor from the plan. But Sullivan was never
satisfied with explanations as to how it was included in the first place.
“The vision plan was something Mr. Kern and his assistant strongly pushed,” Sullivan said.
He didn't blame Kern alone, Sullivan said, but taking out three sitting council members makes no sense when the
recall effort can tip the majority by removing only one of them.
“If I had targeted all three, I wouldn't have had an opportunity to succeed,” Sullivan said.
Kern said that Sullivan has never accepted his explanation that the park and harbor were inadvertently included by a
consultant drafting a plan for Coast Highway's revitalization.
“Nobody on the council drove them to include the mobile-home park and the harbor,” Kern said, adding that when
he learned of it, he wanted to terminate the consultant's contract.
Since taking office in 2006, Kern hasn't shied away from taking on some politically hot issues, such as backing a
freeway interchange at Rancho del Oro Drive and state Route 78, and extending a northern reach of Melrose Drive
to complete a connection between state Routes 76 and 78.
Kern, Feller and Chavez voted in favor of a proposal by Robertson's Ready Mix to build a concrete batch plant on
Industry Street, arousing opposition in the nearby Loma Alta Creek and Fire Mountain neighborhoods.
The group Friends of Loma Alta Creek sued the city and the developer to force an environmental impact report on
the plans for the plant. The company settled the lawsuit out of court and opted not to build.
Kern defends his vote on the concrete plant, saying that Industry Street is zoned for heavy industry and that the plant
would have been enclosed, minimizing any effect on nearby Loma Alta Creek.
“The environmental stuff was a trumped-up charge,” Kern said. “It would have been the most modern concrete
plant in the state of California.”
Mayor Wood said he has stood on the sidelines during the recall drive, but Kern is vulnerable because of his political
positions.
“The three (Kern, Feller and Chavez) don't seem to listen to the public and what they want,” said Wood, who
defeated Chavez in a mayoral election last year to win his second term.
“This group wants development to the point of wanting . . . concrete companies,” Wood said. He said Oceanside
voters may be largely conservative, “but most of the people here are environmentally sensitive.”
Kern said the core issue remains his stand against unions.
Firefighters became angry when Kern and Chavez met with fire officials early in Kern's term to discuss possibly privatizing the city's ambulance service.
Kern said he dropped the idea when the fire chief told him such a plan could jeopardize a practice whereby
Oceanside, Vista and Carlsbad firefighters cross city boundaries to respond to emergencies. But the criticism has
not faded.
The union's anger boiled over last month when Kern, Feller and Chavez voted down a firefighters union offer to
reduce pay and benefits by more than $400,000 to save three jobs slated for elimination through budget cuts.
“I'm extremely disappointed, because every opportunity a council member gets, they try to explain to the public
how they support public safety. . . . We give them an opportunity to show they support it, and they turn their back
on us,” union President Greg deAvila, a fire department captain, said after the vote.
Kern said that vote had nothing to do with the firefighters union, but with balancing a city budget that continues to shrink.
“If I lose (in a recall), . . . you'll have a union-dominated council in tough economic times, which is not good for the
city or the citizens,” Kern said.
Editorials:
Oppose Recall, Unions' Bid for Power – NCT July 30, 2009
OUR VIEW: Kern recall vote attempt for majority
By the North County Times Opinion staff -- opinion@nctimes.com | Thursday,
We oppose the recall of Oceanside City Councilman Jerry Kern and urge city voters to overwhelmingly
reject this ballot initiative when it goes to them within the next few months. This recall is nothing more than an abuse
of the process first established to remove elected officials who had committed some malfeasance short of criminal activity.
In addition, the move is an open attempt by the city's major public employee unions to win a more labor-friendly council
majority at a time when Oceanside officials prepare for the likelihood of continuing financial difficulties because of the
ongoing recession. Conducting this special election represents an unnecessary expense estimated at nearly
$500,000 at a time when Oceanside is just as cash-strapped as any other local government, given declining tax
revenues and the state's raids on their coffers.
For context, the city clerk's special election cost estimate represents enough money to pay for slightly more than
3.5 full-time cops for one year, based on Oceanside's average police officer's wages, plus benefits (but without overtime).
Current state law is decidedly vague as to what constitutes "grounds" for recall, true; but those behind Kern's removal
have little to argue in pushing their cases. Kern's "sins," as most commonly cited by his foes, include how he has
voted on certain issues and his public demeanor ---- both issues that can (and should) be argued during regularly
scheduled election cycles.
Kern finishes his first council term next year. Those displeased by his performance clearly could have waited for
the 2010 November election campaign. However, they did not. Providing the financing for the recall petition
drive and the campaign against Kern are the city's public employee unions. They and various neighborhood groups,
organizations and residents just disagree with the council's present 3-2 majority, of which Kern is a part.
Regardless of the recall vote's outcome, Oceanside now has to find another half-million bucks in its already tight budget.
So if the recall fails (as we hope it does), we urge the council to ask these employee unions to either reimburse the
city for the election's costs ---- or suggest which three or four positions to eliminate within the union members' ranks.
Articles:
OCEANSIDE: Recall drive almost entirely union-financed
Police and firefighters spent nearly $46,000 during first half of the year
By CRAIG TENBROECK - ctenbroeck@nctimes.com | Friday, July 31, 2009 10:54 PM PDT ∞
A petition drive to force a recall election of Oceanside City Councilman Jerry Kern was financed almost entirely by
the city's public safety unions, the latest campaign filings show.
The police and firefighters' political action committees spent nearly $46,000 ---- directly and indirectly ----
during the first half of the year to qualify the recall question for a ballot. The election has yet to be scheduled, but
Dec. 8 is the likely date.
While the unions had already acknowledged backing the effort, their semi-annual campaign statements, filed this
week with the city clerk, offered the clearest picture to date about the size of their checks. The reports detail political
contributions and expenditures from Jan. 1 to June 30.
In Kerns eyes the filings confirmed his suspicions that the public safety unions were willing to spend big to replace him
with a pro-labor candidate with the hope of negotiating "sweetheart" contracts.
"Basically, it's going to be a referendum on whether the unions are going to run the city," Kern said of the recall
election.
A group headed by Jim Sullivan, a resident at Mira Mar Mobile Community, launched the recall drive in January,
criticizing Kern for his support of heavy industry and his demeanor behind the dais, among other things. When paid
signature gatherers starting appeared around town, many questioned who was footing the bills.
The campaign filings provide an answer. The firefighters union paid $20,889 to the La Jolla Group, a consulting firm
that circulated the petitions. Another $20,000 went to Sullivan's committee, and $5,000 went to a beach preservation
organization, which then shuttled it toward Sullivan's group.
The police union picked up $12,000 of the firefighters' costs.
"I don't think it's any secret as to why we're supportive of the recall," Greg deAvila, president of the firefighters
association, said Monday. "It's difficult to try and work with the council majority when at every turn and every
opportunity they close the door on us."
DeAvila couldn't immediately be reached for comment Friday.
Sullivan's committee reported spending the union money on signature gathering. Excluding the beach
preservation group's cash, the group reported less than $1,000 in nonunion contributions.
Kern said he expects the unions to write even bigger checks as the election nears.
"They've got $45,000 invested in this," he said. "They're going to have to protect that investment."
The councilman, meanwhile, has been doing some fundraising of his own. Kern collected $16,178 from
January through June. His largest donors included Del Mar Councilman Mark Filanc and some mobile-home parks owners.
A separate political action committee called "Citizens Against the Recall Effort of Councilman Jerry Kern" was
created on July 22. City Treasurer Gary Felien is listed as treasurer of that group.
Letters:
Unions Don't Care About Oceanside
With the state of California about to go off a cliff and thousands of teachers about to lose their jobs, do we
need more evidence of the stupidity of the Oceanside recall election, which will cost $500,000?
We need to safeguard all the resources we can. The greedy police and fire unions could care less about the
solvency of the city. Their candidates “Lowery, Mackin, Sanchez and Wood “ only seek power and influence.
They are funded by the unions and will do their bidding.
Isaac Hillhouse
Oceanside
Unions and 'Legal Robbery' – NCT July 25, 2009
When politicians for decades were partner in the "legal robbery" scheme with the unions, together extracting high
salaries and generous benefits for their members, unions and politicians were all good buddies filling their personal pockets.
As soon there is some resistance by politicians to go along with this "legal robbery," the unions try to recall those
non-playing guys (example, Mr. Jerry Kern in Oceanside) or try other actions, as with the San Diego County supervisors.
Unions "use" the power of their members in legislatures to change laws (see the pending bill to prevent cities to go
bankrupt and potentially canceling the lush contracts with the unions). If someone is not playing with the union, they try
to "eliminate" that person from the public decision institutions "money-pot"!
Nothing can stop them "extracting" the money for their member from our pockets using the legal framework of
"friendly" contracts and special/union-friendly laws! Things will only get worse!
Walter Koenig
Oceanside
Influence of special interests polarizing Oceanside – NCT July 23, 2009
By ROCKY CHAVEZ -- Oceanside councilman
California's legislators and governor seem to be unable to address the crucial decisions that will enable a budget
to be agreed upon and that hopefully meets the needs of the state today and tomorrow. However, allegiance to
special interests is one of the stumbling blocks stopping state elected leaders from meeting these economic and
structural challenges.
At a recent City Council meeting, the discussion on the dais and then in the North County Times Community Forum
written by Mayor Jim Wood clearly showed the influence of special interest, which has led to the polarization of
leadership within our own community. This polarization will impact how Oceanside will address budget realities.
The facts of the city budget situation are that the council met in January to define their goals. The city manager
outlined guidance to the city staff to prepare a budget. One of the critical points was that any savings provided by
department managers needed to be ongoing savings, not temporary.
This point was established because we know
the fiscal crisis in California is extensive and will take at least a few years to clear up. In preparation for any possible
future fiscal challenges, the city manager asked city staff to find savings that changed the structure of their departments
---- ongoing savings/permanent solutions.
The council heard two major presentations on the budget in April and in May.
We had to have the second presentation because the original projected fiscal impact on our city budget was
increased, which required a second large cut in our city budget.
During these two ongoing budget discussions, the fire unions chose not to provide any reductions while other
departments did so. However, after the new budget started on July 1, the fire unions presented one-time savings.
When I asked the fire union (spokesman) why he didn't provide ongoing savings as per the city manager's request,
his comment was that this economic challenge was just a temporary situation.
This is the core of the discussion: Some see California's fiscal crisis as something that will soon disappear, and we
should use our reserves ("rainy-day" money) in the meantime. Others see this as a structural problem that will take
commitment to effect a real change in government spending and take at least a few years.
I personally believe (and everything I read says) that the current fiscal crisis will only be solved when Sacramento
begins to reform the way government functions. Ask a single mother how a budget works and she will probably
tell you that you can't spend more than you make, so you try and make informed choices. As this will take time,
the best course of action for Oceanside is to prepare for the worst while hoping for the best.
Oceanside is a great city, and we are doing better than many other cities in California. However, we need to be
prudent and follow a thoughtful process that is fair to all ---- citizens and employees. Polarization influenced by
special interest is not in the best interest for Oceanside. I am hopeful that the council leadership will stay focused
on the economic realities and ensure that we maintain Oceanside's character during the next few years.
Letters:
How to Pay for the Kern Recall – NCT July 22, 2009
Being out of country for the past three weeks had advantages, as I've missed the fun and games of the Jerry Kern
recall. Now that the recall might happen, let me suggest how to fund this disaster.
First, take two leaders and their pathetic group (Mackin, Krammer and group) and have each of them contribute
$50,000 to the city of Oceanside. Then, let the two city unions that supported the recall each contribute $100,000.
We now have $350,000. Finally, the approximately 17,000 people who signed the recall should each send to
the city $100 each. This gives the city close to $2 million.
Now the city does not need to spend my money to have the recall election. In the event that Mackin, Krammer
and group do not want to orchestrate another recall on anyone else, the money could then go to the schools,
parks or some other worthwhile activity.
How about this, Mackin, Krammer and groups? Are you willing to pony up money for this mess you caused, or
leave it up to us citizens?
Ken Hacker
Oceanside
Police, Fire Unions' Benefits Offensive – NCT July 22, 2009
I would like to commend Oceanside Councilman Jerry Kern for looking into the pension giveaway to our police
and fire unions. After serving my country for 20 years, I retired at 50 percent of my base pay. I could have maxed
out at 75 percent had I served a full 30 years.
During that time, I had to endure the hardships of deployment away from my family (six years) and risking my life in
defense of my country. The police and fire unions get to retire at 90 percent of their pay, which averages more than
$100,000 a year after working that same amount of time. The fire union guys only have to work 10 days a month to
make more than $100,000 a year in stations that have individual recliners and gourmet kitchens (go tour Fire Station #7).
What is beyond belief is that these people have the audacity to fund a recall against Councilman Kern because he
questioned their sweetheart deal! I guess they feel it's OK for us to work until 70 so they can retire at 50 at 90
percent of their pay. What's most offensive is that Oceanside taxpayers pick up the entire retirement cost!
John Meyers
Oceanside
Recall is Wasting Public Safety Money – NCT July 20, 2009
North County Times Observer writer John Van Doorn has never let the facts get in the way of his left-wing views.
Van Doorn, an apologist for unions, wrote July 10 in the NCT that "Public safety is no place to balance a
budget." ...
Escondido and Oceanside police and fire unions are manipulating the city councils. The influence is fueled by campaign
money. ... Public servants who profit from self-serving agendas is extortion. Public safety here is a non-issue. Greed is!
Have we not learned anything from the clandestine union budget screw-up of San Diego city and Sacramento,
which has looted the coffers so that we now pay IOUs? The Oceanside recall will cost over a million dollars when all is done.
I wish John Van Doorn, aka the Observer, can clear his liberal eyes to see that this is wasted public safety money.
Larry Barry
Oceanside
Editorials:
JIM TRAGESER: Will Recall Backers Pay Cost? – NCT July 19, 2009
If Oceanside voters reject the recall bid against Councilman Jerry Kern this fall, will the public employee unions
bankrolling it reimburse taxpayers for the cost of the special election?
That seems fair, in that the "charges" listed against Kern in the recall petition include such nefarious crimes against
humanity as supporting business owners in the city and being insulting.
If this is the thickest mud the alliance of public-safety unions and mobile-home owners behind the recall have to
sling at Kern, it may not be enough to stick.
Of course, in a special election, turnout tends to be low. Only the highly motivated turn out and vote, so if Kern
can't mobilize the voters who put him in office three years ago, he might be voted out.
But voters who don't think their duly-elected representative ought to be tossed out of office a mere year before
the next election ---- not at a cost of a couple of hundred thousand dollars or more ---- might not agree with recall
supporters that Kern's alleged misbehavior is grounds for dismissal.
Besides, accusing someone of being pro-business hardly seems an insult in these economic times. And what kind of
message does a recall with such nebulous reasoning send to the San Diego Chargers at a time when the NFL team is
looking at building a stadium in Oceanside? If the public safety unions are trying to run a member off the City Council
for being pro-business, why on Earth would a successful business want to relocate there?
Not that Kern is the most unbiased source in this whole fiasco, but his viewpoint that this recall is a simply an effort
by the unions to get a City Council majority that will bend to their will seems pretty spot-on.
Yes, under state law, this recall is perfectly legal. The California Constitution allows recalls for any reason at all, not
just high crimes and misdemeanors. Certainly, ousted Gov. Gray Davis wasn't targeted for anything more concrete
than Kern is. (Although recall backers might ask themselves how much change Davis' recall has actually provided.)
But legality is an issue wholly separate from what is wise or moral.
Spending hundreds of thousands of dollars on a special election only a year from the end of Kern's term is hard to
justify minus any allegations of out-and-out criminal behavior, and particularly so at a time when the city's economy
is in the tank.
Ironically, if the city doesn't have the cash on hand to foot the bill for this election, cuts will have to be made.
Perhaps including police or fire personnel, the very scenario the recall is intended to prevent.
Regardless of whether Kern's political career survives the election, however, it's unlikely that voters will ever see
the public safety unions quite the same way again.
Wood a Republican in Name Only – NCT July 16, 2009
Re: "Shocking decision in Oceanside": Anyone who reviews political contributions can quickly discern
that Mayor Jim Wood is a wholly owned creature of the public employees unions.
His concern is not with public safety, but with generously paying back his biggest contributors and punishing
council members who look out for taxpayers. He's another Republican in name only.
David Corcoran
Oceanside
