Corporate Governance -- Enhancing the Return of Capital Through Increased Accountability

William Dale Crist
Years of CalPERS-Covered Service: 29
Employer: California State University, Stanislaus
Job Classification: Professor of Economics

First elected to the CalPERS Board in 1987, currently serving as Board President, Vice Chair of the Investment Committee, member of the Benefits and Program Administration Committee, the Finance Committee and the Executive Performance and Compensation Committee. University Professor of Economics since 1969. M.A. And Ph.D. In Economics. Past co-chair of the Council of Institutional Investors. President of California Faculty Association for nine years. Extensive experience with the State legislature, collective bargaining and benefit negotiations. A proven record of public employee advocacy seeking to continue efforts in support of member control of CalPERS, increased communication with CalPERS members, better and more affordable heath insurance, more equitable disability provisions, improved retirement benefits and benefit administration and a sound investment policy. A recognized leader in the international effort to protect shareholder rights and improve corporate governance. Endorsed for reelection by state employee associations.


On July 20th, William Crist submitted a new ballot statement which appears to be illegal. Through the public records act, I obtained the following memo:

July 20, 1998

Memorandum to: Jim Burton, CalPERS
Kayla Gillan, CalPERS
Michael Koester, CalPERS

From: William Crist, CalPERS

Subject: Revisions to My Candidate Statement


First, thank you for granting me an extension in which to comment upon and revise my candidate statement. As I explained, I did not receive Mike Koester's July 13 letter until late in the day on July 16, the day before comments on candidate statements were initially due.

Given the fact that Mr. McRitchie has determined to use his candidate statement to make personal attacks on me, and given the fact that these statements are the only official communication from the System (and thus will be accorded great weight by the electorate), I must revise my statement. These revisions are to correct relevant omissions that, if not corrected, would result in the electorate receiving what I believe is misleading information.

Please let me know if you have questions

Attachment: 1


Commentary

According to CalPERS regulations (CCR, Title 2, section 554.4), "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. Public records do not show any request by the Elections Coordinator to Crist that he change his statement. The letter from Michael Koester, which Crist refers to above, asked for candidates to check printing proofs for "errors or omissions." Crist's memo attempts to provide cover for apparently illegal changes to his candidate's statement by noting he is a few days late in submitting "omissions."

Although Crist's actions appear to be clearly illegal, I have not found a reasonable avenue of protest. I checked with an attorney who indicates the cost to take CalPERS to court would probably run about $10,000. In addition, the attorney I consulted speculated the court may require me to post a bond for the estimated costs of holding the election.

The second legal option is to protest the election under a provision in CalPERS regulations. However, such a protest seems unlikely to change the outcome since the person who decides if the election was proper is Kayla Gillan, one of those already thanked by William Crist for allowing him an "extension."

Legislation is needed to ensure fair election. Win or lose, I will seek to move responsibility for critical elements of the election process to an impartial party.

For more information on the controversy surrounding Crist's ballot statement, see "Pers candidates spar over ballot statement" in the October 9th Sacramento Bee, my response and PersWatch News in October. I have filed a legal protest.

For more information contact: jm@perswatch.net