From: Jim McRitchie <jm@perswatch.net>
Subject: CalPERS
Cc: DAVID.FELDERSTEIN@SENSMTP.CA.GOV, KAREN.B.GREENE@ASMSMTP.CA.GOV
Dear Senator Schiff and Assemblyman Honda:
I hope you will consider introducing legislation next year to move responsibility for conducting CalPERS elections from CalPERS to the Secretary of State or another state office.
I am currently involved in an election for the state/university employee seat on the CalPERS Board. CalPERS regulations (CCR, Title 2, section 554.4) prohibit candidates from changing their statements once submitted in early June. The regulations state that "once filed, statements (by CalPERS candidates) may not be changed or withdrawn except by the Election Coordinator" who is to review the statements to ensure they are factual and do not contain profanity. Through the public records act I obtained copies of all correspondence between William Crist, the incumbent and President of the CalPERS Board, and CalPERS staff concerning Crist's election statement. No request for changes to Crist's statement were requested by the Election Coordinator. However, a July 20th memo from Crist to Jim Burton, Kayla Gillan and Michael Koester included a new, much improved (it now addresses my statement as indicated in Crist's memo), election statement which appeared on the ballot, contrary to the prohibition against such changes included in CalPERS regulations. If you have internet access you can see the statements and the text of the letter at http://www.perswatch.net/links/crist.html.
Since the elections are not overseen by the Secretary of State, it appears that I have two avenues of appeal. I can take my case to the courts. However, the attorney I consulted estimated the costs at $10,000 and indicated I may required to post a bond for the cost of holding a new election. I can afford neither. My second option is to protest the election to CalPERS. Since such protests can be decided by Kayla Gillan, who appears to have been one of those approving the illegal change to Crist statement, it hardly seems worthwhile.
In addition, my candidacy has been attacked in Pensions&Investments by Jim Burton (see letters to the editor August 24th edition) and, during the first week in October I was asked by Pat Macht, Chief of the Office of Public Affairs, to remove material from my campaign internet site.
I believe the only way to ensure CalPERS elections are impartial is to take the responsibility for administering them out of the hands of those who report to the Board. I would welcome an opportunity to discuss these matters with you at your convenience. My work phone number is 916.327.1194.
Sincerely,
Jim McRitchie
Candidate for the
CalPERS Board of Administration
e-mail: jm@PersWatch.net
internet: http://PersWatch.net
Contact: 
jm@perswatch.net