Governor's choice rejected
Sacramento Bee 1/12/07
The Senate voted 25-11 on the confirmation of teachers' union activist Joe Nunez, but with most Republicans opposed, fell two votes short of the required two-thirds majority.
"This isn't about Joe," said Barbara Kerr, president of the California Teachers Association. "This is about Republicans doing something to the governor, and I think they picked a very sad time to do it."
Schwarzenegger reappointed Nunez, a Democrat and a CTA official, to the board in March, despite the fact that Nunez had helped lead a campaign against the governor's ballot measures in the 2005 special election.
The Schwarzenegger administration will have to find a replacement to fill Nunez's seat on the 11-member board.
"The governor respects the legislative process and he looks forward to working with both Democratic and Republican lawmakers to continue improving education for California's children," said spokeswoman Sabrina Lockhart.
On Thursday, all the Democrats in attendance supported the governor's pick, and two Republicans -- Sens. Jeff Denham of Atwater and Abel Maldonado of Santa Maria -- crossed party leadership and supported Nunez. Two Democrats -- Ed Vincent of Inglewood and Ron Calderon of Montebello -- were absent.
Just before the vote, Senate Republican leader Dick Ackerman of Irvine said Nunez could not separate his duties on the board from his work on behalf of the teachers union.
"This is a conflict you cannot get around," Ackerman said. "I think he is disqualified for the mere fact he is working for an organization that has business before this board every day."
After the vote, Ackerman said the decision was based on the merits of the nominee and denied there was any political conflict between GOP lawmakers and the governor.
State Superintendent of Public Instruction Jack O'Connell said he was disappointed with the Senate's action. O'Connell credited Nunez for helping to improve public education in California and said his service will be missed.
"Mr. Nunez has demonstrated a long-standing commitment to high standards and school accountability," O'Connell said in a statement. "He has served on the board since the early stages of the development of our state accountability system and has provided a valuable historical perspective to his fellow board members."
Nunez could not be reached Thursday. His term expires Monday.
Nunez was appointed to the Board of Education in 2001 by former Gov. Gray Davis. A 19-year teacher in Santa Maria, Nunez moved to Stockton in 1994 to take a post with the local teachers union before advancing in 2004 into the upper ranks of the California Teachers Association hierarchy.
Also Thursday, the Senate unanimously approved a Schwarzenegger appointee to the Public Utilities Commission despite protest from consumer advocates.
Senate President Pro Tem Don Perata said he has received assurance from Commissioner Rachelle Chong that she will reverse a telephone industry-friendly policy she claimed was "inadvertently" inserted into a 280-page plan last year.
Perata said he wants Chong to make consumer protection a priority, particularly for low-income and rural residents.
He also directed Chong to get the commission to protect non-English speaking customers by requiring that cell phone services sold in a foreign language be accompanied by contracts in that language. The regulation could be adopted by June, he said.
"I have received appropriate assurances from her and I have no reason to doubt her word," Perata said.
Schwarzenegger nominated Chong last January to replace Susan Kennedy, a Democrat whom he hired to be his chief of staff. Chong, a Republican, had served on the Federal Communications Commission during former President Clinton's administration.
Several consumer groups had sought to deny Chong a seat on the powerful board that regulates the telecommunications industry, saying Chong acts as a puppet for telephone and cable companies.