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Browsing the archives for the JEFFERSON DECLARATION category.

Video on why we need to become the 51st state in USA



The Time Has Come for 51

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State of Jefferson: Opinion by Sally Rapoza


Is History repeating itself?

Dec. 1, 2016

There has been much media coverage of the recent  CalExit/Yes California movement to secede and make California a new country.  People may scoff at the idea but this movement is backed by big money and some heavy hitters-(see the article in the ShastaLantern.net  https://shastalantern.net/2016/11/the-hidden-danger-of-calexit/ )

We who have been advocating an Article 4 Section 3 Constitutional State split want to make it perfectly clear that what we are doing is vastly different than the CalExit effort.   First, and most importantly WE DO NOT WANT TO LEAVE THE UNION.  We want to ADD a star to our flag, not take one away!  We love our country and want to return to Constitutional principles.

So, is history repeating itself?  When Virginia seceded and joined the Confederacy in 1861,  West Virginia chose to remain with the Union.  Why? The slave-holding plantation owners in the eastern part of Virginia dominated the state’s economy and politics, leaving the self-sufficient farmers who lived in the rugged western counties, where slavery was far less prevalent, feeling ignored. Virginia joined the Confederacy, but the western part of the state remained loyal to the Union and began the process of separation.

Those of us that live in the 21 Northern California counties  also feel ignored, unrepresented and taken for granted.

16 of the 21 counties in the north state voted against  Criminal Release Prop. 57 which passed statewide with 63% of the vote.

20 of the 21 counties in Jefferson voted against  Prop. 63 the Gun Control measure.  It passed statewide with 63% of the vote.

13 of the 21 counties voted against legalizing marijuana, Prop. 64 which passed statewide with 56% of the vote.

19 of the 21 Jefferson counties voted for Trump, but all 55 Electoral votes went to Clinton.  In fact, 26 of the 58 counties in California were not represented in this election.

Those of us who live here in the north state have many differences with our brothers in the south.  We want to have control over our borders.  We want to have Voter ID.  We want to keep our 2nd Amendment Rights.  We want to be able to wisely utilize our natural resources.  We want to educate our children on a more local level.  We want our Constitutional State Sovereignty back.

The CalExit group is throwing a tantrum over the election of Donald Trump-but it is much more than that.  Let us remember our history so that we do not repeat the same mistakes.

Sally Rapoza


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Election shows need for state of Jefferson


Now that the election is over — in our favor! — the SOJ movement is full steam ahead.  Get on board and hang on!

Nov. 10, 2016

18 of the 21 counties in Jefferson voted for Trump, yet all 55 Electoal votes went to Clinton. The same thing happened in Oregon.Time Has Come For 51!

There was much angst about the presidential candidates and who to vote for in this election.

Looking at the post-election map of California, it was obvious that if you are a Donald Trump supporter, your vote didn’t count. Why? California has 55 electoral votes and is a winner- take-all-state. Because California is solidly “blue,” the campaigns come to California for fundraising, but not for the voters. Our state is taken for granted by the Democratic Party. There was no fanfare on election night over our 55 electoral votes — the most of any state!

However, closer inspection of maps that show how individual counties voted in California shows another side of the story. Most of the counties in Northern California (19) went to Trump — but our votes were not recognized.

Forming the state of Jefferson would go a long way toward making our voice heard in the North State. Jefferson would probably have five electoral votes — more than the “battleground” state of New Hampshire and the same as Nevada, Utah, New Mexico, Nebraska and West Virginia. That means we would actually have to be “courted” by the candidates.

The elected officials of Jefferson will determine when we have our own primary elections — preferably not in June, when the candidates have already been determined.

Jefferson will elect our own governor.

Jefferson will send our own selection of two senators to Congress. In this election, we had the “choice” to vote for two Democrats for the Senate — some choice.

Jefferson will have proper representation based on the federal model in the state Legislature.

Jefferson will be a Second Amendment state.

Jefferson will have voter ID requirements.

If you really want your vote to count, there is one way to accomplish this — the state of Jefferson.

The time has come for 51.

Sally Rapoza lives in Redding.

2nd Jefferson Assembly Policy Statement

Learn much more from these recent videos —

Bind Government NOT People!

Begin-22:18  https://youtu.be/mBYC4K6Gpfw

Jefferson-Open for Business!

22:18-24:13  https://youtu.be/YVYFDuaTfBw

Executive Branch

24:13-27:14  https://youtu.be/E4doJgVQY7g

Agencies, Education and Departments Defined

27:14-32:32  https://youtu.be/KZRGRdAgyck

Office of Constitutional Review and Compliance

32:32-34:51  https://youtu.be/SzBXw8HSNB0

Department of Justice and the Militia

34:56-42:06  https://youtu.be/l4dHt0-YWro

Jefferson Contract

42:06-end  https://youtu.be/ZbMd8Z4lxe4

Rally Sally

“Resistance to Tyranny

 is Obedience to God.”

The Time Has Come For 51!

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State of Jefferson — UPDATE: Supporters gather in Redding in push to form new state


Oct. 30, 2016

By Nathan Solis of the Redding Record Searchlight

Rain poured outside the Redding Senior Center on Sunday as over 300 State of Jefferson supporters met to discuss plans to form a new state.

It won’t be easy, reminded organizers, but forming the 51st state from Northern California must be done. Redding organizer Terry Rapoza said their movement to form a new state has nothing to do with Oregon.

“Our voices are not being heard,” said Win Carpenter, a Shasta County resident who claimed the movement will bring back a fair share of representation to residents of smaller counties.

Carpenter said he has called state representatives to discuss the movement’s goals and get the opinions of lawmakers.

“I have spoken to a lot of staffers, but never any of the representatives,” said Carpenter, 54, who quit his job as a property appraisor for the county to be part of the Jefferson movement.

The State of Jefferson movement have filed their declaration to form a state with the Secretary of the State. With Shasta County that brings the number to 15 counties as part of the movement. There are over 31,000 support signatures for the movement in Shasta County, according to organizers.

Nine county board of supervisors have signed the declaration in support of the State of Jefferson. Shasta County’s board of supervisors have not signed a declaration – they did not listen to a presentation from Jefferson supporters, but organizers said they will not be waiting for them.

It’s either form a state through the legal channels or sue. Organizers plan to file a lawsuit against the state of California by the end of this year to allow the formation of Jefferson, which would include 1.7 million residents according to Rapoza, who said this is an educated guess.

“That number could change. People are born that could change that,” said Rapoza.

Organizer Mark Baird discussed the movement’s legal actions — several Supreme Court decisions will lay out the basis for the State of Jefferson’s suit, including representation based on districts.

Baird said past decisions from the Supreme Court will be like “breadcrumbs” that will lead to the State of Jefferson’s formation.

Baird spoke close to two hours about the grassroots movement to form a state. He has been involved with the movement since 2013, when organizers received the approval from Siskiyou County supervisors.

Parallels with the conservative, national tea party movement can’t be avoided and organizers agree, but say the State of Jefferson is not limited to one political party.

The adopted green palette of the Jefferson movement was paired with camouflage print, black shirts and a few cowboy hats at Sunday’s assembly. Around lunch time over 200 were in attendance, but that number grew to 381 by the end of the day.

Like other political conventions the names of county representatives were read off and Baird reminded the audience they will not be popular if the movement gets its way.

“Everyone will hate you if you support the State of Jefferson,” Baird said. “But they said the same thing to Jesus Christ. It’s in the Gospel.”

Chaylen Scrivner, 34, said liberty is in short supply with state lawmakers and he wants the movement to succeed so his voice can be heard.

“Everyone has a say in the State of Jefferson movement,” said Scrivner, a heavy equipment mechanic who is employed by the state. When asked if he thinks his job will be jeopardized for supporting the movement he emphatically shook his head no.

Dianna Baird from Placer County joined the movement about three years ago, because of her frustration with the government overtaxing its citizens.

“The governor just wants to bleed us dry,” said Baird who is currently employed by Sacramento County. Now she is concerned with employee pensions. She has no relation to the speaker Mark Baird.

She is also fed up with the lack of focus from lawmakers to residents in smaller communities, like Shasta or Placer Counties.

Her husband, Steven Baird made an unsuccessful run for state Senate earlier this year.

Organizers hope the Supreme Court will be the ticket to Jefferson’s birth. They predict this happening in the next two years.

On stage Baird referenced Russian author Fyodor Dostoyevsky and angering a political system. He lamented the loss of liberty and in all the symbolism of the movement, Baird agreed it will be expensive, like paying employees or providing other services.

“It will be expensive,” Baird said. “But we’ll figure it out.”


In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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Jefferson Movement Enters Next Phase for Statehood


Jefferson Movement Enters Next

Phase for Statehood (51st State)

For Immediate Release

August 7, 2016

On July 23, approximately 600 people, representing a little over one-third of Northern California (21 counties), gathered in Yuba County for the First State of Jefferson Formation Assembly to begin the next phase in the Jefferson Movement’s quest for representation and statehood.

Since January 6th, thousands upon thousands of phone calls, emails, faxes and letters have gone out to State senators and assembly members, with requests to author and/or support legislation for the return of the fair representation that existed in the state prior to 1964. All requests have gone ignored, except for a few responses or acknowledgement that these calls or letters from their constituents were received.

Frustration also continues for many rural residents who feel their Senator or Assemblyman has ignored or been absent in response to critical issues that are occurring in the counties they were elected to represent. The effort by the Jefferson Movement, here in California, echoes the tone that is being vocalized across our nation during this Presidential election year.

This was widely expressed at the recent Formation Assembly, leading to the formation of numerous committees, to include the drafting of a Declaration, State Constitution, legislation and creating the model for the governance of the 51st State.

All continue to agree, that the new State can be managed and operated with approximately 50 State agencies and departments, compared to the 570 that currently exist in the California State government. Proposals include, the election of one State senator to represent each county. At the present time, 11 counties in the Northern region, have one (1) senator, while Los Angeles County has 15 senators for one (1) county.

Other proposals for the new State, include a part time legislature, each of whom will be limited to submit one bill a year. In the last couple of years, the California state legislature has passed 800 to 900 laws each year, leading to more taxes, regulations and a larger government that imposes more costly, State mandates to county governments. Jeffersonians believe that decisions on expenditures of local tax dollars should not be made at the State level, they should be made under the leadership of local government.

This is why recognition and support continues to grow for the State of Jefferson. Those attending the First Formation Assembly reiterated their dedication & commitment that affirms the progress they have achieved over the last couple of years, all thanks to the residents of the 21 counties.  On July 23, all agreed that the emails, letters and phone calls will continue and the process for statehood will be expedited, using all means allowed under the U.S. Constitution.

The second Formation Assembly will be held in October. In the meantime, Town Halls and other events will continue throughout the 21 Northern rural counties. More information is available on the Jefferson website SOJ51.net.

#   #   #

Submitted by Terry Gherardi


For the State of Jefferson

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State of Jefferson supporters attend Trump rally in Redding, CA


A different kind of Trump protest

By Claudia Cowan

Published June 03, 2016


Friday’s demonstration at the Donald Trump rally at the Redding, California, airport was a far cry from the turmoil that erupted outside the San Jose Convention Center the night before.

Rather than a loud and rawkus event marked by clashes with police and violent encounters with Trump supporters, this rally saw only a few attendees wearing Bernie Sanders t-shirts, and no trouble at all.

It’s possible the organized protest groups did not want to brave the triple digit heat, or maybe they decided it wouldn’t be worth the trouble.

Redding is in Shasta County, Republican strong hold of about 180,000 in Northern California, and the county seat of Redding is very conservative.

However, there was a protest of sorts among some Trump supporters. About 40 residents showed up in green t-shirts calling for a “ State of Jefferson.”

That’s a reference to a long simmering movement by residents of 21 California counties north of San Francisco to create their own state, and make their own rules.

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The 21 counties have just 6 state lawmakers in Sacramento, out of a total of 120 assembly and senate members. Resident Tom Mohler said he wanted to tell Trump the interests of this rural area are often ignored or defeated.

“We have no control over mining or logging or any of those things or water that are plentiful in the north state,” said Mohler. “We are not in a drought and we haven’t been in a drought in a long time, but the south wants our water…and has the votes to take it.”

In calling for their own new state, some of these protesters shouted out, “the time has come for 51.” While there have been several efforts to secede from California, all have failed. Mohler said currently, a team of constitutional lawyers is working to bring the issue before a judge.

Claudia Cowan currently serves as Fox News Channel’s (FNC) San Francisco-based correspondent. She joined the network in 1998.


In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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Shasta County: Supervisor candidates weigh in on state of Jefferson ideas


May 21, 2016

By Joe Szydlowski of the Redding Record Searchlight

The state of Jefferson movement may seem to have gone quiet. But make no mistake, it is still kicking — and working toward its goal of turning the North State into the 51st state.

Its supporters cite a litany of grievances with Sacramento as a reason to break with the Golden State. But underpinning those criticisms is under-representation: would-be Jefferson voters have little say in California’s population-based legislature.

They’ve proposed two possible fixes: a new state and litigation.

A new state would allow a new government that balances rural and more urban areas, they say. They’ve been gathering signatures in North State counties to present to the legislature as proof of the area’s desire to leave.

Opponents, however, argue the state would be destitute because so many depend on California’s generous anti-poverty programs, such as its supplements to federal disability payments, and questions arise about water rights.

A 2013 Legislative Analyst’s Office report found that one version of Jefferson that didn’t include the Sacramento metro area has about 2.5 percent of California’s population but pays only 1.9 percent of its income taxes. It also found Jefferson had a higher share, per capita, of the Medi-Cal caseload than most other parts of California.

Should secession stall, supporters have a plan B: Sue to overturn a 1964 U.S. Supreme Court ruling that would return to one state senator per county. The landmark case established that representation should be based on population rather than geography.

Shasta County supervisors previously declined to support the state of Jefferson, but five other counties have signed on.

Nine people are competing for three seats on the Shasta County Board of Supervisor. We asked them what they thought about the state of Jefferson and the supervisors’ role.


Leonard Moty (incumbent)

Moty, who voted against supporting a split in 2014, said he’s listened to Jefferson supporters at meetings and one on one. He said he supports representation that balances the urban and rural areas, including the idea of one state senator per county.

But the idea of leaving California is divorced from reality in both economics — the area takes more than it gives — and more tangible issues, such as who controls the water supply, he said. He’s also skeptical of supporters’ financial analysis of Jefferson’s tax revenue.

He suggests focusing energy on increasing representation. One way is mimicking Brian Dahle’s method: reach across the aisle to cooperate on advancing the North State’s interests and educate Southern Californians on how distinct Northern Californians’ needs are.

“He’s gone to the districts and invited them up here, helping people understand it’s different up here,” he said.

Jerome Venus

Venus said he likes some ideas Jefferson proponents put forward, such as lower taxes and better representation, and agrees in principal.

But he doesn’t see a 51st state anytime soon.

“They’re not going to split California in two,” he said.

He questions Jefferson’s financial viability and supporters’s claims that they could bring back blue-collar jobs. But while he thinks the state of Jefferson nothing more than a pipe dream, he said taxes need to be lower and suggests a tax on cannabis sales could make up for lost revenue.


Pam Giacomini (Incumbent)

Jefferson supporters have understandable grievances with Sacramento, Giacomini said. That includes Northern California’s contingent of lawmakers in the state Legislature, which has too few representatives who have too little say.

But a new state requires a long process with many moving parts and requires both California’s Legislature and the U.S. Congress to agree to it, and then additional steps to establish the state.

That long, difficult process makes Giacomini doubt Jefferson’s chances.

“I don’t think it can actually happen,” she said.

As for the plan B lawsuit, she said “I would be interested to see how it moves forward.”

In June 2014, Giacomini was one of four Shasta County supervisors who voted against supporting a breakaway.

Janet Chandler

“I support the state of Jefferson movement,” said Chandler, who said she’d be satisfied with either a split with California or a compromise that leads to the North State having a bigger say in governing.

But if it comes to a split, Jefferson would be viable with an economy bigger than New Mexico’s, she said. She cited both a lengthy report published by the Jefferson movement that estimates about $8 billion in tax revenue from property, income and sales taxes at current levels and a 2013 analysis by the nonpartisan California Legislative Analyst’s Office of an initiative to turn California into six states. That LAO report, which was not in-depth, used a smaller version of Jefferson with 950,000 people. It found Jefferson would be among the poorest states in the country, but its 2012 per-capita income would be higher than eight other states, including New Mexico.

But it isn’t clear whether that analysis accounted for the typically high-wage California state jobs.

Mary Rickert

Jefferson proponents’ frustration with California is understandable and Rickert said that, as an agriculture and business owner, she shares it. “I’m extremely familiar with the regulations,” she said.

But embarking on a path to a solo state would be long, complex and arduous, she said. It also means a loss of a great deal of funding for county agencies from the state.

“A lot of our dollars do come from Sacramento,” she said. To support leaving, “it would have to be a convincing argument for me that we wouldn’t go backwards.”

She would prefer to read an in-depth, impartial analysis of what Jefferson would gain — and lose — financially before throwing her support behind the movement.

She said she’s not familiar enough with the movement’s alternative proposal, the lawsuit, to support or oppose it yet.


Bill Schappell (Incumbent)

In June 2014, Schappell cast the lone vote in favor of supporting the state of Jefferson movement’s efforts to split with California.

Now, he says the movement demonstrates North State residents’ disaffection with state laws.

“The state of Jefferson… shows a movement of distrust with California and their laws,” he said.

Those laws, he said, are passed with little public review and no accounting for the diversity of California’s different areas and their unique needs.

“The North State and the South State are two different entities,” he said.

But he said he doesn’t know whether or not the movement will succeed — it depends on the response they get from Sacramento, he said.

As for the lawsuit to return the state Legislature to one senator per county, Schappell said he hopes that succeeds. It wouldn’t level the playing field, he said, but it would be fairer than it is now.

Walter Albert

Albert said he is open to the idea of a new state.

But he cautions his support depends on what that new state — and its finances — would look like.

“I feel that it would be a good thing to do, if certain criteria are met,” he said. “If those are not met, then we’d be one of the poorest states in the nation, still dependent on federal money.”

Among those requirements: Financial stability with a sound, diverse economy that includes small industry-type business, agriculture, forestry and other natural resources and tourism.

That also means that, before giving his support, he’d also need to know which counties would be included. Would Jefferson get Napa Valley’s world-renowned vineyards and wineries and the north Bay for shipping are some of the key questions, he said.

As for the lawsuit, he said he considers that a viable solution that would add another set of checks and balances.

Steve Morgan

Morgan said he’s open to hearing from Jeffersonians about their arguments in favor of separation, but he would need far more analysis before signing on to the movement.

“I’m not sure about the finances of the state of Jefferson. I’ve been given some facts and figures, but not enough to make an informed decision,” he said. “I’m always willing to listen to any information that I can gather. That way I can make a good, intelligent decision.”

He said he’s interested in the lawsuit to return California’s Senate to a per-county representation. But he doesn’t see that as a silver bullet to slay Northern California’s legislative woes.

“I guess it would be better than nothing, but I still think Southern California would win out, especially with the larger populations,” he said.

Wally St. Clair

St. Clair said he’s not ready to support severing ties with California.

“As a supervisor, I would have to see some very definite numbers and proposals,” he said.

He said he understands people’s concerns that California’s government is too big. But he said he would worry that Jefferson, which would have to write a new constitution and laws, would provide an opportunity for the powerbrokers to possibly increase the size of government.

In addition, he brought up several other concerns, such as how would it logistically happen, what would it regulate, how would those regulations look and what would Jefferson’s finances look like.

“I’d have to see some very concrete benefits and what the downsides are,” he said.

He’s open to listening to the movement about the lawsuit alternative, but he would need to know more.


In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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Baird declares Jefferson movement ‘cannot be stopped’


Lassen News.com

By Sam Williams
Managing Editor

“What’s going to happen next cannot be stopped,” Mark Baird, one of the most highly visible organizers of the state of Jefferson movement, boldly declared during a May 1 meeting at Veterans Memorial Hall in Susanville. “Keep It California does not realize they cannot stop Jefferson. They couldn’t stop Jefferson even if they wanted to. They couldn’t stop Jefferson if tomorrow 10 counties stood up on a chair and said we don’t want this. They can’t stop it.”

According to Baird, the state of Jefferson’s legal team plans to file a lawsuit that will result in “an automatic ticket to the United States Supreme Court that cannot be stopped. No political entity can stop us from going to court – as long as we can afford to pay our lawyers.”

This case will go through the federal courts all the way to the U.S. Supreme Court unless the state of California decides to orchestrate the split of the state of Jefferson, Baird said.

He said the Jeffersonians and their attorneys currently are working hard to make sure “The arguments we’re making are substantial, substantiated, verifiable, truthful and constitutional arguments to outline the fact that we have been denied adequate representation in the state of California and the state must be made to either comply and expand representation or allow us to separate.”

“We’re not suing them to create a state of Jefferson,” Baird said. “There is no way to judicially separate a state. We are suing them as citizens and residents of the various counties of California … We’re going to sue in the federal court for the Eastern District for lack of representation and dilution of vote.”

According to Baird, a district court judge cannot hear a voter dilution case alone. He must take the case to the chief justice. If the case is rejected, “we’re prepared to go to the Ninth Circuit Court to appeal, and we can.”

But Baird said all that decision by the court does is delay the inevitable.

“Here’s the beauty,” Baird said. “We cannot be stopped, folks, we can’t. Because when we appeal to the Ninth Circuit, they automatically appoint a three-judge panel … Once the district court appoints a three-judge panel, that’s an automatic ticket to the supreme court, and they cannot say no to our case.”

But Baird said the Jefferson’s legal team believes there’s a “strong possibility” of another resolution.

It’s possible “The state of California will come to us and say, OK, OK, we get it, what is it going to take to make you people go away?” Baird said. “And here’s where we say, ‘You own the monoparty in California, and we all know it. It’s no secret. You engineer an Article 3 Section IV vote for state split and you instruct the two United States senators that are in your pocket to do the same in the United States Senate, and we will drop this cause of action and go away and you can continue to steal from your people until the cows come home and we will be free to institute a constitutional republic that protects the property rights and the individual rights of its inhabitants.'”

The people have spoken

The people of Jefferson have spoken, Baird said.

“We have been bombarding Sacramento with thousands and thousands and thousands and thousands and thousands of phone calls and thousands of emails” to representatives “who refuse to even answer our questions … and the response is an utterly, abjectly, deafening silence from every single one of those representatives. Does that constitute representative government?”

Baird said it doesn’t.

“When you have representatives who refuse to represent you, I would say that’s a lack of representation just by deductive logic,” Baird said.

“You can lead a horse to water, but you can’t make him drink,” Baird said, and the people cannot force their representatives in the state legislature to sponsor a bill that could lead to the creation of the state of Jefferson.

So, according to Baird, the Jeffersonians have standing to file a lawsuit because their representatives have not moved their petitions forward.

He also said 21 counties have expressed a desire to explore the state of Jefferson concept.

Baird said the California Constitution gives the people in the state “the inalienable right” to change the government anytime the public good demands. He said all just power derives from the consent of the governed.

“We don’t need the permission of anyone to do what we’re doing,” he said. “We’re not asking anyone’s permission. We’re asking whether some governmental bodies agree with us. If they do, good. If they don’t, who has all the power? Us. We don’t need their permission. We are doing this because it has to be done. We are doing this because, according to our founding document, we have suffered a long train of abuses.”

According to Baird, the Jefferson movement has a chance “to change this nation – not this county, not this state, to change this nation forever for the better. How? And that’s the most important part of this question. By restoring representation to each and every county in California.”

And when the supreme court upholds the Jefferson lawsuit, “everyone has to listen. If we prevail in the supreme court, we’re going to restore representation to every single county in the United States of America.”

Baird said three U.S. Supreme Court decisions in the 1960s “got us where we are now,” but from Baird’s perspective, those decisions are flawed and ultimately created the one-man, one-vote system that denies rural counties representation and abolished California’s legislature the ability to base itself upon the federal model (a representative from nearly every county in the state senate and an assembly apportioned by population).

He said the current situation arose because citizens quit paying attention and stopped holding government accountable.


In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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Ex-CalPERS chief Buenrostro jailed in Sacrmaento on battery of former girlfriend


Ex-CalPERS chief Buenrostro jailed in Sacramento on battery of former girlfriend

Buenrostro already facing up to 5 years in bribery case

Second battery arrest this year for former CEO

Magistrate previously issued warning, ordered anger management program

Former CalPERS Chief Executive Officer Fred Buenrostro testifies at the Legislature in 2005 on pension issues. John Decker Sacramento Bee file photo.

Monday, 25 April 2016

By Dale Kasler /


The former chief executive of CalPERS, already facing a prison term in the pension fund’s corruption scandal, was arrested in Sacramento over the weekend on charges of committing battery against a former girlfriend.

Fred Buenrostro, due to be sentenced May 18 after pleading guilty to accepting bribes, was being held at the Sacramento County main jail without bail after his arrest by Sacramento police late Saturday on misdemeanor battery and domestic violence charges, according to jail records.

It was the second time this year that Buenrostro, once the CEO of America’s largest public pension fund, was charged with battery. After pleading no contest, he was sentenced in March to complete a treatment program and spend 60 days wearing an electronic ankle bracelet; he was also placed on probation, defense lawyer William Portanova said.

Because he has now violated terms of his probation, Buenrostro will have to serve the rest of the 60-day sentence behind bars, Portanova said. It wasn’t clear how many days are left on that sentence. Nor was it clear whether Buenrostro will be able to appear for sentencing next month in the bribery case in U.S. District Court in San Francisco, the lawyer said.

In the federal case, Buenrostro, 66, has been free on bond since he pleaded guilty in 2014 to accepting more than $250,000 in bribes from investment banker Alfred Villalobos, who was seeking investment deals on behalf of his clients.

Buenrostro is expected to receive up to five years in prison in the bribery case. In a separate civil case connected to the scandal, Buenrostro agreed in February to pay the state $250,000 in five annual installments after his release from prison.

In February, following his first battery arrest, a federal magistrate in San Francisco warned Buenrostro that his bail in the bribery matter could be revoked and he could be put behind bars immediately. He was ordered to attend Alcoholics Anonymous meetings and anger management classes, according to court records.

“It’s just very unfortunate, and it’s very wrong. It’s just a tragedy,” Portanova said Monday, referring to Buenrostro’s latest legal troubles. “When these things happen, they have to be dealt with head on. There has to be recognition, and there has to be punishment. There has to be modification of future behavior.”

Brad Pacheco, spokesman for the California Public Employees’ Retirement System, said the pension fund had no comment on Buenrostro’s arrest.

The battery arrest represents the latest twist in a scandal that’s become increasingly sordid.

Buenrostro, who ran CalPERS from 2002 to 2008, admitted taking sackfuls of cash and other bribes from Villalobos in a scheme to steer several billion dollars in pension investments to Villalobos’ clients in the private equity industry.

Besides the cash, Villalobos took Buenrostro and former CalPERS board member Charles Valdes on an around-the-world junket in 2006 that included stops in Dubai, Hong Kong and Macau, according to a lawsuit filed by state officials. Valdes died in September 2014, a week after he was beaten by his housemate and domestic partner. The partner was charged with battery and elder abuse; authorities ruled that Valdes died of unrelated health issues. Valdes was never charged in the CalPERS case and said he had done nothing wrong.

In January 2015, police said Villalobos shot himself to death at a gun range in Reno, just weeks before he was scheduled to go on trial in San Francisco. Villalobos, who was in poor health, had pleaded not guilty in the bribery scandal.

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One Man One Vote Decision by SCOTUS nothing more than Punt by Court

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