The sexy story of Brown's likely return to the
governor's office could soak up some of the energy and public attention
that advocates of reforming the state constitution badly need.
The first rule of Jerry Brown's campaign for governor is that he doesn't talk about his campaign for governor.
So far, this is working. If the 2010 election for governor of
California were held this year, Brown would win. Easy. As of this
writing, he leads in all the polls, both in the Democratic primary
(against San Francisco Mayor Gavin Newsom, whose campaign is leaking
staff and money) and in possible general-election matchups (against
former Rep. Tom Campbell, a Republican who is probably too liberal to
be nominated by his party, and former tech executives Meg Whitman and
Steve Poizner, who lack charisma and deep political experience).
All of which makes Jerry Brown California's governor in waiting. Emphasis on the waiting.
While his opponents have been campaigning for more than six months,
the front-runner won't admit he's a candidate. (However, Brown and his
aides are happy to brag about his fundraising--as of this summer, he
had eight times more cash in his political account than Newsom.) His
public schedule consists almost entirely of press conferences where he
limits the discussion to his current job as state attorney general.
For someone of my age--I was a toddler when Brown was elected
governor in 1974 and a fourth-grader when he left office at the end of
1982--the Brown that shows up for these press conferences doesn't
seem like the rebel politician who once dated a pop star and ran for
president and suggested the state have its own satellite. This new
Brown looks conventional. Bald except for a ring of whitish hair around
the back of his head, the 71-year-old attorney general wears a
conservative charcoal suit with white shirt and dark tie, stands in
front of a tableau of cartoonish charts, and tries to make a no-brainer
policy--demanding that "mortgage modification" firms prove they help
homeowners--sound sexy enough to make the 6 o'clock news.
Such a routine makes all the sense in the world--if his goal is to
maintain his current political advantage. But a little talk about the
big picture is in order. Outside Brown's news conferences, California
is coming undone. This summer, unemployment reached 11.9 percent. Tens
of billions of dollars have been cut from the budget in the past year.
Thousands of teachers have been laid off. State offices are now closed
three Fridays a month. University tuition has been hiked. Thousands of
elderly and disabled people are losing their state-provided health
insurance.
The crisis is so profound that it may present an opportunity for
California to fix its badly broken government. Coalitions on the left
and in the center (the right is sitting on the sidelines, enjoying the
Armageddon) are drafting plans to change the way the state is governed.
They hope to get several measures on the 2010 ballot that would reshape
the state budget, call a state constitutional convention, and perhaps
unwind much of Proposition 13, the 1978 initiative that severely
limited the government's ability to raise taxes--a major contributing
factor to the budget hole California finds itself in today.
If any candidate should be talking about this, it's Jerry Brown.
After all, Prop. 13 passed during his governorship. But Brown has yet
to engage the would-be reformers. In the rare moments when he's asked
how the state might be fixed, he talks vaguely of the need to forge
compromise and invokes older, better times in California, when he and
his father, former Gov. Pat Brown, were in power. "We can talk about
'restoring the dream,'" he told a union conference in Palo Alto during
an explicitly political appearance this summer. "Well, I was around
when the dream was here."
This is a dodge--not only of the present questions about what he
might do as governor but also of lasting concerns about Brown's own
role in diminishing the California dream. Pat Brown was a great builder
of the highways and waterways and schools that made the state
prosperous, but his son Jerry announced "an era of limits." Since that
declaration 33 years ago, the state's population has grown from 22
million to more than 38 million. The state government has not kept up.
If Brown has specific ideas on what to do about all of this, he is
keeping them to himself.
This reticence surprised me at first. I assumed that Brown's decades
in politics would free him to confront the big questions of the day. I
thought that in times like these no politician would risk being seen as
focusing narrowly on his own work and ambitions.
I didn't know much about Jerry Brown.
***
One recent summer afternoon I drove over to Lucy's El Adobe Cafe, a
Mexican restaurant across the street from Paramount Pictures, to eat
lunch. This place was one of Brown's hangouts in the 1970s when he was
dating Linda Ronstadt, and the waitress said he still drops by once in
a while. I ordered the Jerry Brown Special--rice with chicken at the
decidedly 2009 price of $15.75.
The restaurant walls were full of photographs from the 1970s. Cesar
Chavez before his hair turned gray. Glenn Frey and Jackson Browne
looking younger than I'd ever seen them. Dolly Parton, her face so
unlined that at first I thought she was Jessica Simpson. Above me was a
photo of Brown, upon which the then-governor had written: "Serious
business, isn't it?"
To Brown, the question was rhetorical. His governorship, beginning
in 1975, was built around the idea that politics was a dubious
enterprise. Brown spoke in aphorisms that were part Confucius, part
Chauncey Gardiner. He made a virtue of inaction. "You don't have to do
things. Maybe by avoiding doing things you accomplish quite a lot," he
declared in his early days as governor. His favorite reply to questions
about his policy plans? "What we need is a flexible plan for an
ever-changing world."
To supporters, Brown was fashioning a new form of low-impact
liberalism, emphasizing caution and the wisdom of breaking from the
Great Society '60s. He appointed progressives to California's sea of
boards and commissions, championed wind and solar power before it was
popular, and expanded collective-bargaining rights, most memorably for
farm workers. His youth (he was 36 when he took office) and appealing
biography (the governor's son who spent time in seminary and practiced
Zen meditation and thus learned to think differently) offered some
cover for his more conservative economic views. Journalists fell in
love. Eight books were published about his governorship, with titles
such as The Philosopher Prince, The Man on the White Horse, and In a Plain Brown Wrapper.
Reading these books, I was struck by how fatalistic Brown sounded.
The trouble with his do-nothing attitude is that some years bring
seismic political change--even if the man in power is committed to
inaction. One of those years was 1978, smack in the middle of Brown's
two terms as governor. A surge in property values and the resulting
taxes produced a revolt in the form of Prop. 13. That measure,
appearing on the June ballot as Brown was running for re-election,
limited future property-tax increases and required a two-thirds vote of
the legislature to raise taxes.
Progressives, both then and now, argue that Brown's brand of
anti-government liberalism fueled the Prop. 13 fire. If government
isn't all that important, what does it matter if you cut taxes? Brown
had frozen highway construction, criticized funding for adult education
and food stamps, and slashed social services. "I am going to starve the
schools financially until I get some educational reforms," he said in
one encounter with reporters.
What reforms, governor?
"I don't know yet."
His frugality produced a huge surplus--which also boosted Prop.
13. As the governor was sitting on cash in Sacramento, rising taxes
were forcing people out of homes in the San Fernando Valley. Brown
recently told me that the surplus was necessary, both to provide tax
relief (which the legislature at first rejected) and to cushion the
state against bad economic times. By the time Brown and the legislature
agreed on an alternative property-tax-cutting ballot measure to head
off the extreme Prop. 13, it was too late. Prop. 13 passed with 65
percent of the vote.
Brown, in the midst of running for re-election, called himself a
"born-again tax cutter" and immediately reinvented himself as Prop.
13's champion. (He maintains now that he had to support 13 after its
victory because of his oath to defend the state constitution.) Brown
went so far as to befriend the legislation's co-sponsor, the anti-tax
crusader Howard Jarvis. "It seemed like he went over to Jarvis' house
frequently," says Joel Fox, who would later serve as an aide to Jarvis.
"Mrs. Jarvis would tell stories about serving lunch to the governor
with Howard in his pajamas. Howard voted for him for re-election
because Jerry convinced him he would implement Prop. 13 in the right
spirit."
As it happens, the only thing worse than Prop. 13 itself was its
implementation. Brown and the legislature bailed out cities and
counties that lost revenues under the law--and thus established the
dysfunctional system of budgeting that plagues California to this day.
Tax and spending decisions once made by city councils and school boards
were centralized in Sacramento. The state Capitol became a giant piggy
bank, with interests on the right and left using lobbying muscle--and
the initiative process--to carve out special protections for their
funds, leaving less for broad public investments. At the rare moments
when Democrats tried to make such investments, Prop. 13's two-thirds
requirement for taxes allowed Republicans, even when they were in the
minority, to block them.
Brown was distracted as this new system was constructed. During one
stretch in 1979, he was out of California for 79 out of 100 days as he
prepared for his 1980 presidential campaign. Brown stayed in touch by
phone, but it was hard to get much done with an absentee governor. "Our
long suit has always been ideas," his then-Chief of Staff Gray Davis
told The Washington Post in 1979. "Our shortcomings have been in staffing and carrying out those ideas."
To his critics, this is the real Brown--a fellow always busy
running for the next office. The pattern began all the way back in
1969, when he ran for a seat on the Los Angeles Community College Board
of Trustees in order to build a Southern California political base for
a campaign for the secretary of state's office in 1970. Not long after
arriving in that job, he began plotting his 1974 run for governor. In
just his second year in office, in 1976, he ran for president. Even his
defeat in that and the 1980 election wouldn't change him. He spent his
final year in office--1982--running for the U.S. Senate, a race he
lost to Pete Wilson.
After the Senate race, Brown took some time off from politics.
During this period, he spent a few weeks with Mother Teresa in
Calcutta. But by 1989, he was back, winning the chairmanship of the
California Democratic Party and pledging to devote himself to the "nuts
and bolts" of politics for a four-year term. Two years later, in
February 1991, he quit to run for the U.S. Senate. In September 1991,
he dropped the Senate race to make a run for president, calling himself
an "insurgent" against the Democratic Party (which he had been running
in the largest state only months earlier). He gave Bill Clinton a scare
with his 800 number, $100 limit on donations, and claims that all
campaign contributions were "organized bribery." After losing that
race, he moved to a loft in Oakland and launched a radio show on which
he suggested he was through with politics. But by 1998 he was at it
again and announced he was running for mayor of Oakland. In 2006, the
last year of his second term as mayor, he ran and won the race for
state attorney general.
Now, a little more than halfway through his first term, Brown is a
candidate for governor, albeit an undeclared one.After a recent press
conference--about a drug prosecution, not the gubernatorial race--I
approached Brown and asked what kind of governor he might be the second
time around. He cheerfully replied: "If you figure that out, let me
know."
***
These days, Jerry Brown works inside a state office building in
Oakland, where he lives. This is one of the smaller outposts of the
attorney general's office. He visits headquarters in Sacramento an
average of once a week. His aides say he's focused on being attorney
general, but he also spends a significant amount of time in "organized
bribery"--fundraising. The campaign cash goes into an account that
could be used to run for re-election as attorney general--or for
governor. No one thinks it will be used for the former.
Brown, who has also been registered to vote in San Francisco and Los
Angeles during his career, has made Oakland his political home. Once he
declares his gubernatorial candidacy, you can expect him to talk about
his eight years as mayor. He promoted downtown redevelopment,
encouraging some 10,000 people to move in and revitalize Oakland's
hollow center. Crime dropped, though the number of homicides nearly
doubled, from 84 in 2001 to 148 in 2006. His attempts to take over the
schools faltered, the state took them over instead, and Brown focused
on starting two charter schools--one a military academy, the other
focused on arts. Both are considered successes.
By his own account, Brown became more grounded in detail in the
mayor's office. As an attorney general, he has done something similar
by focusing on environmental issues and real-estate fraud while leaving
the rest to underlings. Given his inattention to his duties in his
governorship, this focus reassures some. Others, including former
employees, suggest that the office's work in consumer protection,
firearms control, and gambling regulation has suffered from lack of
attention. "I have not been impressed by his desire to solve deep
problems facing our society," says Jamie Court, president of Consumer
Watchdog, a Santa Monica-based consumer education and advocacy group.
"He's put all his resources into global warming and predatory lending,
which looks good and popular, but I don't see the office as having a
big impact in those areas."
Whatever the merits of his management style, the main political
benefit of being attorney general is obvious--the ability to announce
prosecutions that make news. Two mornings a week, Brown discusses
law-enforcement topics on news-talk radio shows (Tuesdays on KABC in
Los Angeles, Thursdays on KGO in the Bay Area). The KGO hosts routinely
try to get him to discuss the governor's race and major policy issues
outside law enforcement; his expert dodging of such queries has become
a running joke.
Once in a while, Brown drops a few hints about his views of the
state's fiscal crisis--and sounds much like the budget-cutting
governor he was 30 years ago. "Stupid use of funds is ... more common,"
he said on KGO. "That's what we've got to root out if we're going to
solve this budget deficit." He has supported the current governor,
Arnold Schwarzenegger, at three crucial moments. In late 2003, Brown,
as mayor of Oakland, showed up at a Capitol news conference to endorse
Schwarzenegger's decision to use an accounting maneuver (instead of a
tax increase) to cover a cut in the state's vehicle-licensing fees.
Brown later backed Schwarzenegger's 2004 borrowing plan to fix the
state structural deficit (thus avoiding tax increases again). He also
joined with the governor to preserve the state's three-strikes laws,
which have led to costly prison overcrowding. Those factors--the car
tax cut, state borrowing, and the huge prisoner population--are three
of the four biggest contributors to the state's persistent budget
deficits. (The fourth is health-care costs.)
This year, Brown accepted an invitation to address the Lincoln Club
of San Diego, an organization that raises money for Republican
candidates. There, he hinted he wanted to cut taxes in California. When
I recently asked Brown whether he still supports the "flat tax"
proposal that was part of his 1992 presidential campaign (and earned
the strong endorsement of his longtime friend, the conservative
economist, Arthur Laffer), Brown replied that he wants a "simpler" tax.
Even Ted Costa, the Republican anti-tax activist who led the recall of
Gov. Gray Davis, speaks warmly of Brown: "Look at his record--the
budget increased less under Brown than Ronald Reagan. And he has
on-the-job training. He's the one who talks about learning to live with
less."
Most aggravating to progressives is how Brown has kept his distance
from those who want to fix the state's tax and budget systems. Having
been present at the creation of Prop. 13, Brown is uniquely positioned
to offer a mea culpa and campaign for reform. Instead, on the few
occasions he addresses the subject, he's been combative. When the
author Peter Schrag recently blamed Brown for the passage of Prop. 13
on a progressive blog, Brown attacked Schrag on the same blog as
"increasingly bitter."
Worst of all for progressives, Brown, asked about the reform efforts last spring by Los Angeles Times columnist George Skelton, replied: "I'm not going to advocate messing with 13. That's a big fat loser."
"The problem with Brown is that I'm not convinced he's moved past
1978," says Robert Cruickshank, who works for the progressive
700,000-member network Courage Campaign and is a frequent contributor
to the blog Calitics. "The lesson he drew from that is that he has to
adapt to a more conservative reality. ... I'm concerned that it's not
going to be the kind of governorship where you see significant changes
in the way California operates."
The progressive arguments in favor of Brown run along three lines.
First, that he's older, wiser, and for the first time in his life,
married. He tied the knot in 2005 with Anne Gust, a brilliant lawyer
who political operatives say is managing his undeclared campaign.
Second, that it's time for a pro after seven years of an
actor-amateur. "After having Arnold, California is fundamentally
broken. Jerry Brown is the most sophisticated politician in the state,"
says Rose Ann DeMoro, executive director of the California Nurses
Association.
Third, that Brown is right to distance himself from progressive
reformers who want to change Prop. 13 and the California Constitution
because such reforms are politically unrealistic. "If I had a magic
wand, I'd be for all of that, but that's not going to happen," says
Democratic consultant Bill Carrick, who has known Brown for 30 years.
"You need someone who can be an honest broker and work through these
issues one at a time. And Jerry is smart about the reality of
California politics."
Brown may be right on the politics. But his argument for caution
sounds awfully like the kind of surrender to Prop. 13's victory that he
engaged in 30 years ago--and that got California into its current
mess. In the meantime, the sexy story of Brown's likely return to the
governor's office could soak up some of the energy and public attention
that advocates of reforming the state constitution badly need.
Steve Maviglio, a Democratic operative who worked for Gov. Davis and
the last two speakers of the Assembly, thinks the party should find
another candidate: "California needs new leadership, not recycled
leadership." But there don't appear to be politically viable
alternatives. Newsom may be in the race to stay, but polls show him
trailing even in his hometown of San Francisco. Several Democrats have
asked the state Treasurer Bill Lockyer, a longtime legislator who was
Brown's predecessor as attorney general, to make a run. Lockyer says he
won't. One reason: Being governor shortens your life, and Lockyer, 68,
has a 6-year-old son. "The other reason is very practical," Lockyer
says. "I don't see how anyone, including me, gets by Jerry Brown in a
primary."
So an entire state is left to wait and see what kind of governor Brown might be.
Who knows if he'll ever tell us? Flipping through old articles, I came across a copy of Newsweek
from May 1976. Explaining his lack of a clear agenda in that year's
presidential campaign, Brown said, "A little vagueness goes a long way
in this business."
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