Through relentless and tedious persistence and a willingness to disturb “the Establishment” of the country’s eighth most populous city, the Coalition for Fair Employment in Construction (based in California) has finally succeeded in obtaining and exposing a document revealing how the office of former San Diego Mayor Jerry Sanders (a Republican) arranged a secret and costly deal with Lorena Gonzalez, the former head of the San Diego and Imperial Counties Labor Council, AFL-CIO, to end union-initiated legal obstacles to the $520 million expansion of the San Diego Convention Center.
As outlined in the September 21, 2012 email from Mayor Sanders’ Chief of Staff Julie Dubick (see text below), unions would drop or settle their environmental objections under the California Environmental Quality Act (CEQA) to the proposed San Diego Convention Center Phase 3 Expansion. Unions would also drop their lawsuit challenging the structure of a tax assessment to pay back the principal and interest on bonds sold to borrow money for the expansion. Unions would openly and actively support the convention center expansion at the San Diego City Council and at the California Coastal Commission.
In exchange, the San Diego Mayor’s Office would facilitate negotiations between the unions and the construction manager at-risk selected for the project (Clark Construction) for a Project Labor Agreement with construction trade unions. (Yes, this was a classic case of union CEQA “greenmail” that Governor Jerry Brown and the Democrat majority in the California State Legislature apparently want to shield from CEQA reform measures.)
Developing this labor agreement had to be done subtly and undercover. San Diego voters had approved an ordinance (Proposition A) three months earlier that prohibited the city from requiring contractors to sign a Project Labor Agreement as a condition of working on city projects.
Also as part of the deal, the Mayor’s Office would initiate discussions with Marriott hotel management in support of a union position (apparently on behalf of UNITE HERE Local Union No. 30) and appoint someone acceptable to the unions to the San Diego Convention Center Corporation Board of Directors.
All of this was done without any public hearings or public votes by any elected or appointed board with any authority over the project. On November 8, Mayor Sanders hastily convened a press conference featuring Lorena Gonzalez to announce that unions now supported the convention center expansion.
Even the environmental settlements were cynical. Unions ended up abandoning their demand that the Environmental Impact Report address the effect on the convention center expansion of an expected sea level rise caused by global warming. As it turns out, the California Coastal Commission sees this as a legitimate concern. City officials anticipated that the Coastal Commission would promptly approve the project, but this has not happened despite the new union enthusiasm for it.
The Coalition for Fair Employment in Construction needed nine months to fit this puzzle together. It had repeatedly failed under the authority of the California Public Records Act to obtain any records of substance about the suspected deal, even after filing a lawsuit against the City of San Diego.
Those requests for public records were foiled because the Chief of Staff for the Mayor of San Diego was using a private Gmail address to facilitate meetings between top city officials and top union officials. In fact, the Coalition for Fair Employment in Construction suspects that a lot more wheeling and dealing between the city and the unions was probably occurring through the use of private email accounts. The people of San Diego still remain ignorant of how their government works in practice. (One could surmise that union officials like it that way.)
This particular case suggests the following list of outrages:
- Using private email accounts for public business in order to evade the state’s public records access laws and keep the press and the public uninformed.
- Secret and devious arrangements meant to circumvent a city ordinance approved by voters.
- Abuse of the California Environmental Quality Act (CEQA) to attain economic objectives unrelated to environmental protection.
- Subversion of fair and open bid competition by requiring construction contractors to sign a contract with unions as a condition of work.
- Union favoritism.
- Appointing someone with obvious union connections to a government board in exchange for union support of a project.
- Government intervention in the relationship between a private employer and union officials eager to represent its employees (for a price) in exchange for union support of a project.
- Potential cost increases on a government project resulting from reduced bid competition and the administrative costs of an unnecessary labor contract.
- Abandonment of environmental objections subsequently identified by the California Coastal Commission to be legitimate concerns.
- Perpetuating civic decline by surrendering to organizations that exploit California’s burdensome legal code for personal gain.
Mayor Jerry Sanders left office (to be replaced by Bob Filner) with a legacy of achievement and is now President & CEO of the San Diego Regional Chamber of Commerce. Lorena Gonzalez left her union position with a legacy of achievement and won a special election to the California State Assembly, District 80, with the heartfelt campaign slogan “Honesty in the Assembly.”
Here is the text of the document revealing the secret union deal for the San Diego Convention Center Phase 3 Expansion:
From: Dubick, Julie
Sent: Friday, September 21, 2012 9:46 AM
To: ‘LGonzalez@unionyes.org’; ‘firstname.lastname@example.org’
Subject: Doc3[1 ].docx
Attachments: Doc31 doc.docx
From: Dubick, Julie
Sent: Friday, September 21, 2012 9:47 AM
To: ‘Stephen Cushman’
Subject: Doc3 .docx
Attachments: Doc31 doc.docx
Here is suggested language. Please confirm receipt to email@example.com. See you at 2pm today. Julie
Primary Source Documents:
Proposition A (approved by 58% of San Diego voters in June 2012) – City of San Diego Fair and Open Competition ordinance – prohibition on city-mandated Project Labor Agreements
Settlement Agreement – Building Trades Unions – San Diego Convention Center – 2012 (ENVIRONMENTAL SETTLEMENT AGREEMENT FOR THE CONVENTION CENTER PHASE III EXPANSION AND EXPANSION HOTEL PROJECT BY CITY OF SAN DIEGO; SAN DIEGO COALITION FOR A BETTER CONVENTION CENTER; SAN DIEGO COUNTY BUILDING AND CONSTRUCTION TRADES COUNCIL; UNITE HERE LOCAL 30; AND BILLIE JOHNSON)
Settlement Agreement – UNITE-HERE Union Local 30 – San Diego Convention Center – 2012 (SETTLEMENT AGREEMENT FOR THE CONVENTION CENTER PHASE III EXPANSION AND EXPANSION HOTEL PROJECT BY AND BETWEEN CITY OF SAN DIEGO; BRIGETTE BROWNING; SERGIO GONZALES; AND UNITE HERE LOCAL 30)
Settlement Agreement – Various Construction Trade Unions – San Diego Convention Center – 2012 (ENVIRONMENTAL SETTLEMENT AGREEMENT FOR THE CONVENTION CENTER PHASE III EXPANSION AND EXPANSION HOTEL PROJECT BY CITY OF SAN DIEGO; CITY OF SAN DIEGO CITY COUNCIL; SAN DIEGO CONVENTION CENTER FACILITIES DISTRICT NO. 2012-1; COALITION FOR RESPONSIBLE CONVENTION CENTER PLANNING; TERRY LUTNICK; CINNA BROWN; AARON MICHAELSON; INTERNATIONAL BROTHERHOOD OF ELECTRIC (sic) WORKERS LOCAL 569; UNITED ASSOCIATION OF PLUMBERS & STEAMFITTERS LOCAL 230; SHEETMETAL WORKERS LOCAL 206; AND IRONWORKERS LOCAL 229)
Unions Submit 436 Pages of Objections to Draft Environmental Impact Report for Proposed San Diego Convention Center Phase III Expansion Project: CEQA Abuse Run Rampant – www.LaborIssuesSolutions.com – August 8, 2012
Brazen! Union Officials and Their Environmental Lawyers at Port Commissioners’ Meeting Threaten to Stop San Diego Convention Center Expansion Using California Environmental Quality Act (CEQA) – www.LaborIssuesSolutions.com – September 20, 2012
Unions Threaten Environmental Litigation to Block San Diego Convention Center – www.UnionWatch.org – September 20, 2012
Union Officials Intimidate San Diego Civic Leaders – www.FlashReport.org – September 20, 2012
CEQA Greenmail Still Effective for Unions in San Diego: Just a Cost of Doing Business for Pragmatic Civic Leaders – www.LaborIssuesSolutions.com – October 10, 2012
Unions Get Control of San Diego Convention Center Expansion: CEQA Abuse Is Effective, Fair and Open Competition Ordinance Evaded – www.LaborIssuesSolutions.com – November 8, 2012
Unions and Mayor in San Diego Brag to the Public about San Diego Convention Center Construction Deal, But Refuse to Provide It to the Public – www.LaborIssuesSolutions.com – November 13, 2012
Coalition for Fair Employment in Construction Obtains City of San Diego Settlement Agreements with Unions for Convention Center – www.LaborIssuesSolutions.com – November 15, 2012
San Diego Union Officials Ignored Global Warming-Related Sea Level Rise in Environmental Settlements for San Diego Convention Center Expansion, Despite Identifying It as Major Deficiency Under CEQA – www.LaborIssuesSolutions.com – November 15, 2012
San Diego News Media Reports on Aggressive Opposition to Project Labor Agreement on Convention Center Expansion – www.LaborIssuesSolutions.com – November 16, 2012
Where is the Project Labor Agreement for the San Diego Convention Center Expansion? A Press Conference Outlining an Action Plan – www.LaborIssuesSolutions.com – November 16, 2012
Website Dedicated to Exposing Wasteful and Fraudulent Nature of San Diego Convention Center Expansion – San Diego Rostra – January 16, 2013
Kevin Dayton is the President & CEO of Labor Issues Solutions, LLC, and is the author of frequent postings about generally unreported California state and local policy issues at www.laborissuessolutions.com. Follow him on Twitter at @DaytonPubPolicy.