For coastal commission, a stormy future

One idea, pushed by John Burton (D) of San Francisco, senate presidential pro tem, and Assembly Speaker Herb Wesson (D), Culver City, is to chop out a "removal at will" clause. A line in the current law says members "may be removed at the pleasure of the legislative branch." Replacing it with an inviolable and fixed term of office - say two years - would, by this logic, give legislative branch appointees greater independence from the whims of lawmakers.

"We propose to leave the basic structure intact the way it is," says Rick Simpson, policy director for House Speaker Wesson. "It's a narrow fix, but we think that is the provision that was most offensive to the court."

But others say such quick fixes will not stand up legally.

"The court spelled out that there are no checks and balances on the commission because two-thirds of its members are not appointed by the governor and therefore answer to no one in the executive branch under which they operate," says Ronald Zumbrun, the Sacramento attorney who filed the original lawsuit.

Reflecting the arguments of many who think the commission's unpredictability comes from its tripartite appointment structure, Mr. Zumbrun says, "The governor should appoint all the commissioners, subject to confirmation ... It's the only way to get the political aspect out of its decisionmaking. They should answer to the coastal act, which governs their intentions, and not their own agendas or the legislators who appoint them."

Gov. Gray Davis (D) has offered to create a special legislative session to deal with the situation. He is making no comments until he sees new legislation. The state attorney general has also asked the appeals court to reconsider its ruling on the grounds that it could undermine the state's coastal protection efforts.

But many observers say legislative and court battles are likely to proceed beyond the court's deadline ... including a likely stop at the state Supreme Court.

"I see more trouble ahead in getting the commission to function in the public interest the way Congress mandated and the California voters envisioned 30 years ago," says Susan Jordan, director of the California Coastal Protection Network. "The court doesn't really understand how the commission functions on the ground. It's not the legislature ganging up and trying to control [the commission] vis - à - vis the governor, it's really a struggle between pro-developer interests vs. pro conservation interests and how to balance that fairly."

Whatever the eventual structure or function of the commission, several key observers say its coastal protection functions will be stronger than before.

"Ironically, this suit was brought because people wanted to do away with the commission" says Mark Massara, manager of the Sierra Club's coastal programs. "But I think it is likely to become even stronger because of this scrutiny."

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