2019: As County Supervisor, Jim Desmond Tried To Change The Language Of An Anti-Growth Ballot Measure To Make It Easier To Defeat At The Behest Of The Building Industry Association (BIA) And Reportedly Lied About BIA’s Involvement

December 2019: Desmond Added An Agenda Item For The Board Of Supervisors To Change Ballot Language For Measure, A Proposal To Require Countywide Votes For Big Developments

December 10, 2019: Desmond Placed An Item On The Board Of Supervisors Agenda To Change The Ballot Language Of Measure A. “Measure A would require countywide votes for big developments in the unincorporated parts of the county that are not now zoned for them, something the building industry says would likely put an end to such projects. On Dec. 10, the Board of Supervisors had been scheduled to consider changing the ballot language of the measure just one day before the Registrar of Voters deadline. Desmond had placed the item on the agenda saying a change was needed to better inform voters. He also told at least two people that the language change was written by his staff.” [San Diego Union-Tribune, 12/17/19]

• Desmond’s Proposed Language Was Longer Than The Original Proposal. “The wording of the question, as originally approved by the supervisors on Oct. 9, 2018, will remain as follows: ‘Shall this Initiative be adopted for the purpose of amending the San Diego County General Plan to require voter approval for General Plan amendments that increase residential density for property designated by the General Plan as Semi-Rural or Rural?’ Desmond had proposed the following language, only to withdraw the proposal Tuesday: ‘Shall this initiative amending the San Diego County General Plan to require a countywide vote, in addition to the current county approval process, when any General Plan amendment seeks to add 6 or more homes in rural and semi-rural areas, effective through 2038, excluding purely non-residential developments and developments in villages, located in areas such as Julian, Ramona and Alpine; to prohibit density transfers from higher to lower density parcels; and, to prohibit new Specific Plans through 2038, be adopted?’” [San Diego Union-Tribune, 12/10/19]

2019: San Diego Union-Tribune: “Measure A Would Require Countywide Votes For Big Developments In The Unincorporated Parts Of The County That Are Not Now Zoned For Them.” “Measure A would require countywide votes for big developments in the unincorporated parts of the county that are not now zoned for them, something the building industry says would likely put an end to such projects.” [San Diego Union-Tribune, 12/17/19]

Building Industry Association (BIA) Representatives Had Texted And Emailed Desmond With Proposed Ballot Language They Believed Would Make It Easier To Defeat The Measure

Texts And Emails Showed Representatives Of The Building Industry Association (BIA) And Lawyers For The No On A Campaign Asked For Agenda Item And Crafted Wording Similar To What Desmond Proposed. “But texts and emails show that it was representatives with the Building Industry Association of San Diego County who approached Desmond, and lawyers for the No on A campaign, which is funded by the building and real estate industry, who not only asked for the item to be put on the agenda, but also crafted the wording which was very similar to what Desmond ended up proposing.” [San Diego Union-Tribune, 12/17/19]

• Measure A Supporters Obtained Texts And Emails As Part Of A Public Records Request. “Backers of Measure A, the Save Our San Diego Countryside initiative that will be voted on in March, say a series of texts and emails obtained as part of a public records request show that Supervisor Jim Desmond was working with the building industry when he tried to change the ballot language at the last minute.” [San Diego Union-Tribune, 12/17/19]

President Of BIA Of San Diego Borre Winckel Texted Desmond, “We Will Share A 75-Word Ballot Revision We Ask You To Share.” “According to one text, Borre Winckel, the president and CEO of the Building Industry Association of San Diego, asked Desmond for his help. ‘The SOS ballot question, too, unless made more informative, will easily pass. Research shows that. Later today, we will share a 75-word ballot revision we ask you to share with Diane (sic) with the specific request for docketing the discussion on 12/10. It’s our only opportunity. SOS in effect takes your land use authority away. Please don’t let it come to that. Respectfully, Borre Winckel.’” [San Diego Union-Tribune, 12/17/19]

BIA Board Member Jeff O’Connor Emailed Desmond With Proposed Language For Measure A. “Also included in the correspondence was an email from Jeff O’Connor, a member of the BIA board and director of Operations for Homefed Corp. in Carlsbad, a development firm, wrote to Desmond’s personal email on Nov. 30: ‘…I don’t want to take up your time but the issue below is extremely important. If the SOS Measure A passes in March it will effectively take land-use decision-making away from you and the other Supervisors and put it in the hands of the general public. In the County, this means anyone in Del Mar, Carlsbad, or anywhere in San Diego County will vote on projects that need an amendment to the General Plan. This is not only expensive, but land developers will not take the risk of a public vote for projects that need a GP amendment. Most developer friendly land in the current General Plan is in areas that don’t lend themselves to areas that developers wish to build on.’ ‘I have included both the language as it stands now and the proposed language. If the language does not change, it is highly doubtful that we will be able to defeat this measure and it will tie the hands of the Supervisors and let uninformed voters make land-use decisions that you and the other Supervisors were elected to do. Please read the wording below and I can call you on Monday to discuss if you have any questions. Thank you, Jeff.’” [San Diego Union-Tribune, 12/17/19]

• O’Connor To Desmond: “If The Language Does Not Change, It Is Highly Doubtful That We Will Be Able To Defeat This Measure And It Will Tie The Hands Of The Supervisors And Let Uninformed Voters Make Land-Use Decisions.” “Also included in the correspondence was an email from Jeff O’Connor, a member of the BIA board and director of Operations for Homefed Corp. in Carlsbad, a development firm, wrote to Desmond’s personal email on Nov. 30: […] ‘I have included both the language as it stands now and the proposed language. If the language does not change, it is highly doubtful that we will be able to defeat this measure and it will tie the hands of the Supervisors and let uninformed voters make land-use decisions that you and the other Supervisors were elected to do. Please read the wording below and I can call you on Monday to discuss if you have any questions. Thank you, Jeff.’” [San Diego Union-Tribune, 12/17/19]

Desmond Reportedly Lied To Measure A Supporters About The Building Industry’s Involvement In The Proposed Language Change

Desmond Said His Staff Wrote The Changed Ballot Language…

Desmond Said His Staff Wrote The Changed Ballot Language. “On Dec. 10, the Board of Supervisors had been scheduled to consider changing the ballot language of the measure just one day before the Registrar of Voters deadline. Desmond had placed the item on the agenda saying a change was needed to better inform voters. He also told at least two people that the language change was written by his staff.” [San Diego Union-Tribune, 12/17/19]

…But Texts And Emails Showed An Active Back Channel Between BIA And Desmond…

December 2019: Measure A Supporters Said Desmond Was Working With The Building Industry When He Tried To Change Measure A’s Ballot Language At The Last Minute. “Backers of Measure A, the Save Our San Diego Countryside initiative that will be voted on in March, say a series of texts and emails obtained as part of a public records request show that Supervisor Jim Desmond was working with the building industry when he tried to change the ballot language at the last minute.” [San Diego Union-Tribune, 12/17/19]

Yes On A Supporters’ Press Release: “These Texts And Emails Show That There Is An Active And Direct Back Channel Between The BIA’s No On A Campaign And Supervisor Desmond.” “But a news release issued Tuesday by the SOS backers said the text messages and emails were obtained by the Yes on A campaign ‘and they tell a clear story of the degree to which the Building Industry Association (BIA) holds sway over county government. ‘These texts and emails show that there is an active and direct back channel between the BIA’s No on A campaign and Supervisor Desmond, despite the fact that Yes on A volunteers were told otherwise when inquiring about the motivation of the impromptu, last minute ballot language change. They also reveal that several paid operatives were acting in a manner that could be considered lobbying even though they are not registered as lobbyists with the County.’” [San Diego Union-Tribune, 12/17/19]

…And Measure A Supporters Said The Developers’ Attorney Wrote The Changed Language Word For Word

Yes On A Team Member Mark Jackson Said Desmond Told Them Repeatedly That His Staff Had Written The Altered Ballot Language, But “Evidence Shows That The Developers’ Attorney Wrote It Word For Word.” “Mark Jackson, a member of the Yes on A team, met with Desmond just days before the language change proposal was to be heard. ‘On December 6th, Supervisor Desmond said repeatedly to our faces in person that his staff had written the altered ballot language. Evidence shows that the developers’ attorney wrote it word for word. Supervisor Desmond lied to us,’ Jackson said.” [San Diego Union-Tribune, 12/17/19]

• Jackson: “Supervisor Desmond Lied To Us.” “Mark Jackson, a member of the Yes on A team, met with Desmond just days before the language change proposal was to be heard. ‘On December 6th, Supervisor Desmond said repeatedly to our faces in person that his staff had written the altered ballot language. Evidence

shows that the developers’ attorney wrote it word for word. Supervisor Desmond lied to us,’ Jackson said.” [San Diego Union-Tribune, 12/17/19]

Desmond’s Communications Director Defended Him, Saying He Was An Independent Thinker

Desmond’s Communications Director Said, “We Independently Considered The Request.” “Desmond’s communications director, Miles Himmel, acknowledged that the supervisor ‘got a request,’ but said it was his responsibility to listen to all sides. ‘We independently considered the request,’ Himmel said. ‘We met with both sides, worked with our County counsel and were looking to incorporate both of their languages into the measure.’” [San Diego Union-Tribune, 12/17/19]

Desmond’s Office Said There Were No “Back Channels” And Desmond Was An Independent Thinker. “Desmond’s office said that there were no ‘back channels’ and that Desmond is an independent thinker who is open and willing to listen to various opinions as evidenced by his having met with Jackson and other SOS supporters in the days before the language change meeting was to take place.” [San Diego Union-Tribune, 12/17/19]

Ultimately, County Lawyers Determined That The Deadline For Ballot Language Changes Had Passed

Ultimately, County Lawyers Determined That The Deadline For Ballot Language Changes Had Passed. “In the end, the item was withdrawn after County Counsel decided that the law surrounding when ballot questions can be changed had been misinterpreted and the deadline had already passed.” [San Diego Union-Tribune, 12/17/19]