COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Manager's Office

DATE:

September 5, 2003

BOARD MEETING DATE:

September 9, 2003

TO:

Honorable Board of Supervisors

FROM:

John L. Maltbie, County Manager

SUBJECT:

Legislative Report #14

The first year of the 2003-04 Legislative Session winds to a close. The most meaningful proposals were over shadowed by the protracted budget negotiations. In the waning days of the session however, efforts were made to control skyrocketing workers compensation costs, healthcare reform, ensure financial privacy for California consumers and initiate yet another fiscal restructuring study to stabilize state and local agencies.

1. RECOMMENDATION:

Approve a resolution to honor Patriot Day (September 11) 2003.

BACKGROUND:

On September 11, 2001 our country lost more 3,000 innocent lives to an unparalleled act of terrorism; as a nation, we lost our innocence.

Last year, President George W. Bush proclaimed September 11, 2002 'Patriot Day' (Public Law 107-89) to remember and honor those who perished. The Patriot Day observance is meant to remember the morning of September 11 and how Americans responded in New York City, at the Pentagon and in the skies over Pennsylvania, with heroism, selflessness and with courage and compassion.

DISCUSSION:

On the second observance of September 11 Patriot Day, I am requesting your Board approve the attached resolution to support the County of San Mateo (1) join in a moment of silence beginning at 8:46 am, the time when the first plane hit the Twin Tower and (2) fly flags at half-staff at County facilities to honor the innocent victims and tragedy experience by our country as a result of the terrorist attacks.

The image of hundreds of fire fighters, police, emergency medical technicians, and transit workers rushing into smoldering buildings -- to do jobs they were trained for, but certainly never imagined -- is indelible. More than 400 New York City first responders were killed in the largest rescue effort in US history. Last month, New Yorkers were renewed as they celebrated 346 Probationary Firefighters, the largest group ever to graduate the FDNY Fire Academy.

Patriot Day 2003 is an opportunity, both individually and as a community, to remember a day when we witnessed the worst and the very best of humanity. It is a day to reflect on loss; and finally, it is a day to renew the American spirit.

VISION ALIGNMENT:

Patriot Day embraces the commitment that the County Realizes the potential of our diverse population and it achieves goal #2 Civic engagement -- including voting, public service charitable giving, volunteerism and participation in public discussion of important issues -- is uniformly high.

FISCAL IMPACT:

None.

2. RECOMMENDATION:

Adopt a resolution in opposition to Proposition 54, Classification by Race, Ethnicity, Color or National Origin

BACKGROUND:

The recall of the Governor has resulted in an October 7, statewide election. Two measures have been added to that ballot: Proposition 53, the California twenty-first Century Infrastructure Investment Fund (Chapter 185, Statutes of 2002,ACA 11) and Proposition 54, Classification by Race, Ethnicity, Color or National Origin initiative.

Your Board supported placing ACA 11 before the voters.

The U.S. Constitution currently protects individuals rights.

The California Constitution currently allows the collection and use of race-related information and is required under many federal and state laws.

DISCUSSION:

Proposition 54, Classification by Race, Ethnicity, Color, or National Origin was placed on the ballot by initiative. If approved by a majority of the voters the initiative, would amend the California Constitution to restrict state and local governments beginning in 2005 from "classifying" information on a person's race, ethnicity, color or national origin. The provisions would affect public:

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Education

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Contracts

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Employment and

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Other government operations.

Exemptions

The following data collection would be exempt:

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Information necessary to comply with federal law;

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Retain eligibility for federal funds;

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Comply with court orders;

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Law enforcement agencies ability to describe individuals, place prisoners and assign undercover law enforcement officers;

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collect and use information related to medical research subject and patients; and

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Department of Fair Employment and Housing (DFEH) to collected race-related information through 2014.

Federal law supercedes in many areas resulting in numerous exemptions, including race-related information on job applications, kindergarten through high school student information, as well as college and university student information, public assistance program information and most law enforcement activities.

Under the provisions of Prop 54, the Legislature by a two-thirds vote and subject to the Governor's signature could authorize the collection and use of data if they determine a "compelling state interest."

Health Related Issues

Health agencies across the state are vigorously challenging Proposition 54 claiming the measure would be detrimental to the health and safety of the state. Over whelming opposition from health organizations, including hospital, the American Heart Association, California Academy of Family Physicians, California Medical Association, California Health Officers, American Medical Society, and the American Public Health Association, make the argument that race, ethnicity and national origin are important in determining appropriate health protocols.

Health care practitioners claim Prop 54 is bad medicine for California's health citing the following examples: racial and ethnic information could not be collected or used by California cancer data bases, injury databases, databases that document participation in programs designed to prevent or reduce disease in specific groups that high a high incidence of a disease. The measure does allow data collection for "medical research," yet most experts agree that the definition is flawed and is too narrowly construed.

Additionally, under Prop 54, race would be removed from birth and death records; surveys that inquire about health behaviors including smoking rates, seatbelt use, exercise participation, fast food consumption and health care use patterns would all be illegal.

Finally, without this important data, health departments argue they would be forced to use less effective and more expensive "one-size-fits-all" methodology for outreach and education, rather than more cost-effective targeted messages. Moreover, health care professional argue the measure is going the wrong direction: rather than limiting the ability for health care providers to collect and use race/ethnicity, it should be expanded and improved to better understand the health status, belief and practices of California's diverse population.

Support and Opposition

Ward Connerly, University of California Regent, Martha Montelongo Myers, Columnist, Joe Hicks, Human Relations Consultant, Samuel Aanestad, State Senator and Roger Hedgecock, San Diego Talk Show Host support the measure as necessary to stop government from categorizing its citizens by color and ancestry and create a society in which our children and grandchildren can think of themselves as Americans and individuals.

Opposition includes Jacqueline Jacobberger, President of the League of Women Voters, John C. Lewin, M.D., Chief Executive Office of the California Medical Association and Molly Coye, M.D. Former Director of Department of Health Services, Wilson Administration.

VISION ALIGNMENT:

Opposition to Proposition 54 reflects the commitment to Ensure basic health and safety for all and achieves goal #5 Residents have access to healthcare and preventive care; #6 Children grow up healthy in safe and supportive homes and neighborhoods; and #7 maintain and enhance the public safety of all residents and visitors.

FISCAL IMPACT:

According to the Legislative Analyst Office, this measure could result in one-time costs to local agencies to modify forms and minor annual savings due to reduced collection and use of race-related information.