Table Of Content

CaliforniaStateArchives StateGovernmentOralHistoryProgram OralHistoryInterview with ByronD Sher California StateAssemblymember 21st District 1980- 1996 California State Senator 11thDistrict 1996-2004 ByChristopherJ Castaneda DepartmentOF History CaliforniaStateUniversity Sacramento TABLE OF CONTENTS INTERVIEW HISTORY i BIOGRAPHICAL SUMMARY in SESSION I May 23 2007 Tape 1 Side I 1 Growing up in St Louis - family - influence offather and his interestin politics- attending DemocraticNational Conventions including when FDRwas nominated for his fourth term- discussion ofmother- siblings - baseball fans - grade school- interest in math and athletics - father s interest in investing- remembrance ofnews ofPearl Harbor attack- GIs returning from Europe- influential teachers from High School- attends Purdue University- transfers to WashingtonUniversitynearhome Tape 1 Side 2 19 Discussionofcoursework math engineering and English- business major- influence of friend sbrother who had attended Harvard Law School - early participationm civil rights movement and CORE- lunch counterstrategy- works as a CPA- dislikes CPA work- decides to go to lawschool- applies to Harvard Law School SESSION2 June 20 2007 Tape 2 Side I 26 Beginninglaw school- recollections ofHarvard LawSchool- influential lawprofessors - end ofthe first year- ranking system- joinsthe Harvard LawReview- meets future wife through classmate at Harvard Law Reviewbanquet- first job with Bostonlaw firm - business law and researching tax cases - returns to Harvard LawSchool in 1954 as teaching fellow- taught for Lon Luvois Fuller- accepts teaching positionat SMU Law School in Dallas- teaching night classes - article on Uniform Partnership Act receives offerto teachthe summersessionatUSC LawSchool Tape 2 Side 2 44 Receives offers to teach atUSC Law School and Stanford Law School- accepts offer from Stanford- wife s youth in Key West Florida- arrive in Palo Alto in 1957- begins teaching commercial law courses- contractlaw - description ofStanford Law School and faculty m the late 1950s- discussion ofSher s early legal scholarship articles on contracting for funeral services and door to door sales - impressions ofCaliforniaas new residents - discussion ofUSC and UCLA lawschools- children- to London in 1963 for SIXmonths on Ford FoundationGrant- at Institute ofAdvanced Legal Studies- Fulbright mNewZealandteaching contactlaw - discussion oflaw school pedagogy in Commonwealthcountries- articles written about legal practice mNew Zealand and Britain- return m Palo Alto in 1964 Tape 3 Side 1 61 Discussion ofcomparative legal studies- experiences in New Zealand and Australia- back m Palo Alto - issue offreeway linkthrough Palo Alto - CityCouncil approves Oregon Expressway - Sherjoins group opposed to expressway- discussion ofPalo Alto City Council and government- electedto Palo Alto City Council in 1965 as part of the residentiahst group ofcandidates- issue ofdeveloping land for auto mall atthe entrance to Palo Alto Baylands- City Council deadlock- all council members recalled- recall episode- Sher loses recall - auto mall developed- refocusing on work at Stanford - becomes chairofthe Faculty Senate- continuingdiscussion ofthe recall and its influence on Sher - work with the Stanford Human Relations Commission(HRC) - East Palo Alto Day School- racial incident at local drug store- hearing on incident Tape 3 Side2 86 Incident relatedto basketball game between Stanford and BYU- first game at Maples Pavilion- HRC report on intercollegiate athletics and discrimination- StanfordFaculty Senate SESSION 3 July 26 2007 Tape 4 Side 1 91 In 1969 becomes Chair ofthe Curriculum Committee- m this capacity charged with dealing with student strike related to Vietnam War - issue ofwhen law students would take exams- sabbatical leave m 1970 71 - studies consumerlaw in Europe - daughter attends boarding school in Rome whiletwo youngest children stay with parents m Paris second halfofthe year in Rome- runs for Palo Alto CityCouncil again in 1973 - Council elects Sher as mayor for 1973 74- continues teaching at Stanford while serving as mayor- litigation regarding down zoning- city governmentpurchases property in dispute- land laterturned into apark (Arastradero Preserve)- Palo Alto bay lands - Bay Conservationand Development Commission (BCDC)- begins serving on the Environment Committee for the League ofCalifornia Cities- serves as Palo Alto s representative on the Northern CaliforniaPower Agency- during sabbatical taken m 1977 lives m San Francisco- serves second term as mayor- trip to Israel with group of U S mayors Tape 4 Side 2 111 Palo Alto City Council and building height issue- property owner sues City Council over heightrestriction- views on city government responsibilities toward development- considers running for StateAssemblyseatin 1980 leftvacant afterVictor Calvo s retirement- receives Democratic nomination- runs against Greg Morris discussion of residence located m Palo Alto and not on Stanfordcampus (allowing himto run for city office) - Shertakes strong positionagain Peripheral Canal and its role in the election- meets Leo McCarthy- McCarthy s comments about Sher s beard- discussion of McCarthy Berman episode and its impact on Sher scampaign - Jackie Bashaand Mary McMillan assignedto Sher s campaign- works with Richie Ross - discussion of campaign tactics and strategies- precinctoperations- campaign mailer strategies- San Joe Mercury switches endorsementto Sherjustpriorto election- campaignmailer on endorsement- elected in November 1980 to State Assembly- first Democratic Caucus - immediate issue ofelectinga Speaker McCarthy Bermanepisode Tape 5 Side 1 135 Phone call from Willie Brown- electing WillieBrown as Speaker and his ability to deliver votes - Brown assigns Sher to Natural Resources Committee- seat assignments on thefloor- Sherpreferred his seatin the back- staff(Julie Mamalis and Kip Lipper) during his first year 1981 82-office in Mountain View-Betsy Shotwell distnct coordinator- staffing and office rental arrangements for legislators- process of introducing bills- first bill Sher introduced AB 303 to extend statute oflimitation for rape - discussion ofearly bills - legislationfor Mobile Home Association- AB 2000 on air pollution- teaching during Fall of1981 at Stanford- courses on contracts and legislation- introducmg the process ofintroducing bills asseminar project - AB 2000 as a case studyon legislation and amendments- Mediterraneanfhiit fly episode- Malathion spraymg- AB 2443 Baseline Rate on utilitybills - backgroundand discussion ofAB 2516 IRA contnbutiondeduction- in Sher s first session thirty four bills introduced and twenty six signed into law SESSION 4 August 1 2007 Tape 6 Side 1 169 More discussion on firstterm (1981 82)- redrawing legislative district boundaries - three bills Phil Burton- San Francisco Peninsularedistricting- discussion ofHouse Bill and Senate Bill ~ result ofno representation in the Senate districtfor two years - Sher introduces bill to renumber districts to avoid this problem- bill fails - continues teaching at Stanford Law mthe fall semesters (through 1994)- seminar on legislation- first run for reelection- discussion ofrunning for reelection generally- Willie Brown asks himto chairthe Criminal Law Committee- discussion ofthe committee and its staff - changes committee name to Criminal Law and Public Safety- general discussion of some bills considered- involvementofthe Attorney General and other bill sponsors- Sher s first major environmental bill on storage oftoxic materials AB 1362 - LUST leaking underground storage tanks Tape 6 Side 2 194 Continued discussion ofAB 1362- ARCO amendment- involvementofthe Council on Environmental and Economic Balance (CEEB)- regulatory issues- clean up fund - becomes model for national law- becomes chair ofAssemblyNatural Resource Committee- more focus on environmental law issues - work on forestry bills- Wild and ScenicRivers Law AB 3101 - funding systems for public education m California- property taxes - bill to reimburse for desegregation costs - bills introduced for CalPIRG on toxic art supplies- Califorma sbottle bill - recycling centers- conveniencezone for collectionon supermarketparking lots- Conference Committee work- Califorma Recycling Value (CRY)- meeting Gallo family- wine cooler bottles AB 612- reduction m solidwaste and curb side recycling AB 939 Tape 7 Side 1 215 Political reform issues - bill on slate mailers that failed in committee- legislationto toughenrequirements underthe Cahfomia Surface Mining and ReclamationAct- Clean Drinking Water Act - public health issues - CahfomiaClean Air Act AB 2595 - local projects - using Petroleum Violation Escrow Account (PVEA) funds for local issues- synchronizing Palo Alto traffic signals - napkin deal at Frank Fat srestaurant- Imutmg ability ofpeople to suewho had exposedthemselves to a risk- assumption of risk issues and relatedbills- Banana Slug bill AB 3007 to name a state mollusk- vetoed by Govemor Deukmejian- bill torequire CalifomiaEnergy Commissionto study climate change and warmingtrends AB 4420 - SESSIONS Augusts 2007 Tape 8 Side 1 233 Discussion ofSher slife as a legislator- Sher swife anddog travelled between Sacramento and Palo Alto - house in Land Park - purchased property near Placerville- in 1987 movedprimary residence to Placerville- maintained a condo in Palo Alto - 1989 90 legislative session was particularlyproductive- state budgetprocess under Gov Deukmejianand line time veto - discussion ofbackground to the Integrated Waste ManagementAct AB 939 and solid waste management and recycling- discussion of State Waste Board- mandate on local governments to reduce waste - creationofnew industryofrecyclers in California- discussion ofhow local governments dealtwiththe mandate- by2006 goal of50% reduction in the flow ofwaste to landfills achieved - introducing bills on global warming- $4 vehicle registration fee for local air districts - accountability in environmental advertising AB 3994 - laterrepealed Tape 8 Side 2 254 Follow up on consumerlaw issues Car Dealer Association- election of1990 - Pete Wilson administration - budget and taxes- proposal to create EPA for Califorma- p 252 top go should be get vetoed-general discussion ofbills introduced-working with environmental groups - meetings and compromises on controversial bills - timing ofintroducingbills- bill on second hand tobacco smoke- 1993 94 82 bills introduced 38bills signed 17bills vetoed- veto process- radioactive waste bills - redefining recyclable - discussion ofbudget issues - Big Five meetings Tape 9 Side 1 269 Election of1992- discussion ofspecial electionfor Richard L Mountjoy - controversy regarding being amember ofAssembly and Senate- Willie Brownand Jim Brulte speakerelection—Paul Horcher and the tie vote - Mountjoy deemed ineligible to have vote - Willie Brown elected speaker- Doris Allen becomes next speaker- Allen is recalled- Brian Setencichbecomes the next speaker- SenatorTom Campbell resigns - Norman Y Mmeta resigns - Wilson calls for special election for Mmeta s State Senate seat - discussion ofspecial election campaign- Sher wins special election- gives farewell speech in the Assembly- Sherbecomes chair ofthe Senate Housing Committee - discussion ofterm limits- much faster advancement under term limits - more diversity - dynamics ofterm limits on Assembly and Senate SESSION 6 August 15 2007 Tape 10 Side 1 293 Comparing and contrasting the Assembly and Senate- continuity ofWillie Brown inthe Assembly- the moderateDemocratsintheAssembly- the GangofFive - moderate Democrats in the Senate- strategies ofPresident Pro Tem and Speaker- Bill Lockyer as ProTem with some comparison toWillie Brown sskills and practices - Bill Lockyer s backgroundand law school- JohnBurton as Pro Tem - John Burton s background and discussion ofhis political career- Burton s effectiveness in getting bills passed- discussion ofAssembly s long caucuses and Senate weekly caucus at breakfast- more collegialitym the Senate betweenthe Republicans and Democrats- committee work- Housing Committee- issues relatedto homeowner associations - served as chairofthe Environmental QualityCommittee created in 1997 98 session- discussion ofguiding bills through committee- begin discussion ofHeadwaters Forest m northern California Tape 10 Side 2 311 Old growthredwoods - Pacific Lumber Company- Charles Hurwitz sMAXXAM company - discussion ofPacific Lumber sdecision to sell Headwaters Forest- California s participation- Habitat ConservationPlan and no logging buffer zones - effort to have Senate pass bill appropnating $150 million for the purchase- Gray Davis elected as governor- Shercarries first bill that Gray Davis signs as governor- Davis supports the Headwaters agreement- Califomiabecomesjoint ownerwith federal government ofHeadwaters Forest- Julia Butterfly s Luna tree sit episode Sher interviewed by BBC radio regarding JuliaButterfly- deregulating electnc services industry- introduction ofelectricpower competition in California- bill to slow down restructuring SB 1159 10% residential rate cut - creation on the Independent System Operator (ISO) - deregulation works for first two years - then shortages and blackouts- benefits ofconservation programs- residential surcharge to promote alternative energy SB 1194- municipal utilities and deregulation- political fallout ofelectnc power deregulation Tape 11 Sidel 330 Brownfields legislation- MTBE additive scare- underground storage tanks - phase out ofMTBE- South Yuba River added to Wild and ScemcRivers- bill to facilitate straw bale housing- investor owned utilities and alternative energy- Climate Change Registry - debate on effects ofgreenhouse gasses - electronic waste - recycling and disposing of electronic waste - Hewlett Packard and the electromc waste bill - Gray Davis vetoes bill - Governor Gray Davis recall episode- New Source Review SB 288-particulate matter and air quality- e waste bill SB 20 - discussion or recall- annual roast for termed out senators- Willie Brownserves as master ofceremony- meeting with Governor Schwarzenegger- Schwarzenegger s appointments to environmental agencies and business interests- greenhouse gas law AB 32 - Schwarzeneggerand Sher s bills- class size reduction- tightening up the CaliforniaEnvironmental Quality Act- after leavmg the legislature continuing work on environmental issues- more on background of AB 32- Conference ofCommissioners on Uniform State Laws - the legislatures continuing interest in environmental issues- environmentand technology suchas fuel cells SelfGeneration Incentive Program- ongoing interest in environmental issues and observer ofthepolitical scene INTERVIEW HISTORY Interviewer/Editor ChristopherJames Castaneda ProfessorofHistory CSU Sacramento Director Oral History Program CSU Sacramento B A Rice University Houston Texas M A University ofHouston PhD Umversity ofHouston Interview Time and Place SessionI May 23 2007 Chns Castaneda s office at Sacramento State Session ofone hour Session II June 20 2007 Chris Castaneda s office at Sacramento State Sessionofapproximately 2 hours Session III July 26 2007 Byron Sher shome in El Dorado County Sessionof1 Vihours SessionIV August 1 2007 Byron Sher s home in El Dorado County Sessionof1 /4 hours Session V August 8 2007 Byron Sher shome in El Dorado County Sessionof1 Vz hours Session VI August 15 2007 Byron Sher s home in El Dorado County Session of1 Vihours Transcnbmg/Editing TechniTypeTranscripts transcribed the interview audiotapes Christopher J Castanedachecked the verbatim manuscript ofthe interviewagainstthe original tape recordings edited for punctuation paragraphing and spelling Castanedaprepared the table ofcontents biographical summary and interviewhistory Castanedaalso made the editing corrections and prepared the final transcript Byron Sher reviewed the verbatim transcript and returned it with minor corrections and clarifications He also verified dates and propernames Tape and Interview Records The original audio recordings ofthe intervieware m the university archives at CSU Sacramento on both digital media and 90 minute cassette tapes Master tapes are preserved at the California StateArchives SpecialAcknowledgement The Center for California Studies under the direction ofTim Hodson provided funds through its Legislative Oral History Projectnecessary to conductthis interview This interviewwould not have beenpossible without the generous support ofTim Hodson the Centerfor CaliformaStudies and the California State Senate 11