Sunday, June 13, 2010

Do I look pensive? Reflective? Contemplative? Reverie?

With just 43 words, FitzGerald is poised to pull an upset in insurance commissioner primary

CHECK OUT THE PHOTO AND READ THE ARTICLE

With just 43 words, FitzGerald is poised to pull an upset in insurance commissioner primary
The candidate spent little compared with his better-known opponent in the Republican primary. FitzGerald's campaign largely consisted of his voter guide blurb.
Brian FitzGerald

Brian FitzGerald, a 16-year lawyer in the state Department of Insurance, spent less than $5,000 for his primary campaign. (Dave Getzschman, For The Times / June 14, 2010)

Friday, June 11, 2010

I am not a politician

Since there are those so astonished that a person can actually run for office in California and NOT spend $10 Millions and as I have not spent the amount requiring a FPPC filing, here is my approximate campaign accounting:

Secretary of State filing fee
$2800

Ballot Pamphlet Statement (for those that missed it, it is also listed on this site)
$25 per word x 43 = $1075

One round trip to the LA Times Editorial Board Meeting who declined to endorse me. Trip including airfare and taxi rides:
$417

Grand Total: $4292

And I am rooting for one of those MasterCard "Priceless" ad endings here! Please root with me! Vote count is narrowing, but this is very exciting no matter what happens. Thanks to the many, many, many NEW well wishers for their encouragement!

Thank you!

I had the best intentions of posting sooner, but since the newspapers and airwaves have opened up (because we aren't talking about Steve and Meg anymore?), I tried to reach out to all of you that way. Thank you for your support, your votes, and your kind words and wishes. I am getting back to you -- slowly. As you know, I can't respond to you at work so send me your home email addresses, if you like. Otherwise, I will eventually see you to say thank you in person. For now, thank you so very much!!!!

Tuesday, June 8, 2010

Go with the one who...

-- knows how to get things done.

When you vote today...

"Place in priority the Public over private concerns."

Monday, June 7, 2010

Executive Summary of my Mani-fitz-o (see longer version under older posts)

California faces very challenging times. Its recovery requires the continued provision of State services to consumers and the regulation of commerce using an agency by agency approach. The California Department of Insurance is one of those agencies. The Insurance Commissioner oversees the Department of Insurance. Insurance touches every aspect of Californians' lives and major change is now coming from the national level, as well. These difficult times require someone who can be a watchful Commissioner from the outset. I have worked at the Department for over 16 years and know it well and what to do; in those instances when further expertise is needed, I know who knows in the Department itself, without recourse to outsiders or consultants. I will preserve its integrity while enforcing its legislative mandates found in the Insurance Code and regulations. As a regulator, I will protect all Californians, keeping insurance fair and regular for them and those who do business here. Undistracted and dedicated service in this governmental position will be my sole concern; I will never use it to seek another.

Fitz's Manifesto

My name is Brian FitzGerald and I seek the Republican nomination for Insurance Commissioner.

The State of California is in a very difficult time. Its recovery will require better governance and restoration of confidence. The continued functioning of the State and the regulation of its commerce ought to be approached on an agency-by-agency basis. The California Department of Insurance is one of those agencies. My contribution to lifting California out of its present situation would be to see that the Department does its job well and efficiently.

The Insurance Commissioner oversees the Department of Insurance. Insurance touches every aspect of Californians' lives and now major change regarding health coverage is coming from the national level, as well. California needs a Commissioner who can be an effective administrator from the outset. There is no longer time for someone to spend two years learning the job and then the next couple running for another office.

I have worked at the Department for more than 16 years as an enforcement attorney and know it well and what to do; in those instances when greater expertise is needed, I have recourse to the Department’s greatest resource: its employees. Over the years of enforcing the Insurance Code and regulations, my witnesses have been investigators, examiners, analysts and actuaries. I know who knows without resort to outside consultants. Better still, they know my work ethic and so do those in the insurance industry. Together, we have handled cases involving agents and companies, rating and underwriting practices, fraud and unfair claims.

My present work takes me to the Department offices, and those of other agencies, around the State. As Commissioner, I would continue that practice so as to listen to staff and see that they had all they need to perform their duties on behalf of California’s still growing population. I have pledged in writing not to seek other office and would concentrate on preserving Department integrity, stability and continuity. Press releases would be informational, not self-serving. As a regulator, I will continue to protect Californians, keeping insurance practices fair and regular, resolving complaints, punishing violations and allowing reasonable rates for those companies that do business here. My view is that commerce is vital to California’s recovery and, risk being part of commerce, the insurance sector provides important coverage products. Given this philosophy, my decisions on rates will be based on the Insurance Code and, given my frugal self-funded campaign, uninfluenced by any special interests.

What I have written so far is about what can be presently improved, but let us consider preparing for the future. As mentioned earlier, Washington has now intervened in health coverage. Whereas before the Legislature was reluctant to place too much authority in a commissioner and instead spread regulation among several State agencies, Congress has now shifted the paradigm. Insurance commissioners of all the States are charged with helping to implement the Patient Protection and Affordability Act.

Representations were made to Californians about the benefits of the Act, but part of that effort is figuring out what Congress passed. We are fortunate to have Department personnel who for years have made the subject of health care coverage their expertise and are laboring under deadlines imposed by the new law.

To a certain extent, the current Insurance Code with its protections adopted over the decades can help, but I see the need for its revision, holding investigatory hearings and conferring with the Legislature regarding enabling statutes to ensure compliance. Complaints as to health care service may be addressed administratively, but that is an after-the-fact approach. Since the Federal government has increased its role in the field, it is my intention to see that the Department regulates the regulator and that our State receives what it was promised.

Daily living in California requires available, affordable and reliable insurance for much of what we do and it is the purpose of the Department is to help Californians get what they need. To this end, I am already on the job, but am now asking you to allow me to do more by electing me Insurance Commissioner. Please read more at www.fitzonthejob.com and write to me at brian@fitzonthejob.com.

Read my Ballot Statement

AM Best: California Voters to Choose Party Nominees, Decide Fate of Auto Insurance Proposition

SACRAMENTO, Calif. June 07 (BestWire) —
...But first he has to get by FitzGerald, a 16-year civil service employee who has pledged to spend no more than $5,000 on his campaign. FitzGerald said he would make laws and regulations, rather than political ambition and public policy agendas, the focus of his tenure. Without criticizing Poizner in particular, FitzGerald said he wants "to take the commissioner's office out of play" when it comes to politics. Implementing aspects of the federal health care reform law will be a top priority of the next commissioner, he said.

I'm on the job, even if no one else is...

http://www.sacbee.com/2010/06/07/2802963/dan-walters-budget-deadline-nears.html#mi_rss=Dan%20Walters

Sunday, June 6, 2010

The Boss...

-- that would be YOU -- knows who is working, as the saying goes. It has been Amateur Hour since the Recall of 2003, when running for office became a joke. Are you going to vote? Are you going to vote merely to renew the lease on incompetence that has afflicted the Golden State since?

It's D-Day Plus 66 years today. California, which did much to win the war, is functioning like one of those post-war states where the governments failed and fell with frequency. No Marshall Plan will save us; we will have to do it ourselves.

The Commissioner's baton will be passed in early January. Given the importance of insurance to any recovery, it can't be dropped or the hand off fumbled for a minute.

A well-run Department will, with other well-run State departments, keep us from falling further. In the efficient and economical implementation of State services and the regulation of commerce is the hope of recovery.

Are you asking the right questions of ALL the candidates for State offices: Why are you running for that office? What do you propose to do as a holder of that office? Hasn't that been said before? Do you intend to stay awhile to see the job through/to get done what you promised?

If you have been reading me here all these weeks or my Facebook page with its links to articles and Comments, then you know what to ask about the Insurance Commissioner

-- and you know the answers too and what you must do...

Saturday, June 5, 2010

The Year 2011...

State commerce, as with the world and nation, flailing. Drought, fires, floods, quakes. California population grows, but seems like people are sicker than ever. Well, you console yourself, could be worse: we could have locusts. Oh wait, we do...

So who do you trust? Who can you trust? A rapidly becoming vapid Governor issues supposedly encouraging press releases that what remains of the press try to decipher:
"He who shall so shall he who." Huh?

Times are hard. Insurers need to raise rates. Your carrier doesn't want to carry your particular risk anymore and cancels you. Leave it to unregulated free markets?

Washington sends mandates, but no money. Is anyone at work in Sacramento, anyhow?

Yes, actually up and down the Golden State, depending on who you elected Commissioner in 2010, along with a well-administered Department of Insurance.

These calamities and disasters have happened before, just not all in one year -- although we've come close! Since passage of Prop. 103 in 1988 and 1990 when the office of Insurance Commissioner became elective, the responsibility to protect California consumers has grown, but not necessarily Department staff or its budget. Sometimes during the intervening years such progress has been slowed by politics or poor supervision yet Department of Insurance staff strive to serve.

I am a member of that staff who works with this unsung personnel. You would not believe -- or maybe just be bored -- if I recounted the crises we anticipate or handle, daily or long-term. Now, because of actions taken in Washington, not Sacramento (is anybody there? does anybody care?), Sacramento is moving to increase the powers of the Department and its sister agencies to implement legislation such as the Patient Protection and Affordable Care Act of 2010.

As the Department's Enforcement Attorney, I work with fellow employees and associates elsewhere in State governance to advise the Commissioner and enforce the Insurance Code. As your Commissioner, with the perspective and know-how acquired after 17 years of dedicated service, I can do more to see that the scenarios that began this post don't overwhelm companies or you their clients.

Wise as a judge, I would rely on what you and our examiners, investigators, analysts and actuaries -- State workers who know me and I know them -- report regarding fraud, unfair practices and failure of coverage. In turn, I would go to Sacramento or Washington, while they still have the resolve, to address what we are not already enabled by the Insurance Code and regulations to do. Otherwise, I would see to it that the Department had the resources to fulfill any of the jobs it is tasked to do.

The choice is yours. Your One Last Shot to get it right to make things right again.

Friday, June 4, 2010

Taking care of some administrative matters this evening...

-- but will resume posting/blogging this weekend. Given the gubernatorial polls' seismic swings (I must do a topic on earthquakes and other California disasters), don't assume/presume any outcome on Tuesday. Press pundits, of course, will state matter-of-factly that they called the nominees all along. Vanity is Handmaiden to Hypocrisy, i.e., figuring things must break their way to their purposes. Much talk of fighting the industry, when the Commissioner is actually the judge and the Department combats unfairness.

NextGen Politics 2010

Written Questions For Candidates for State Insurance Commissioner

1. Tell us a little about yourself, your background and why Californians should vote for you.

I was born and raised in San Francisco, where I attended school. My parents were educators. Went to college at Georgetown University in Washington, D.C. where I majored in Public Administration, besides working on Capitol Hill. Returned home to obtain my law degree from the University of San Francisco, while working in State and local government. Moved to Napa where I married my wife and we raised two daughters. Have practiced law for 25 years; for over 16 of those years, I have been an enforcement attorney with the California Department of Insurance. Knowledgeable about insurance rates and underwriting practices regarding insurers and enforcement of the Insurance Code and regulations against carriers and agents who have violated same. Californians should vote for me because I know the Department of Insurance, which is how the Insurance Commissioner carries out his duties. Better still, because I travel to all its offices and work with many of its staff, Department personnel know me and my reputation for getting the job done quickly and being fair to all concerned. What I don't know about a particular insurance subject, I know who does know and ask them.

2. What do you see as the major role of government and what are some of the most important things you would like to accomplish in office?

The major role of government is to serve Californians, but lately we have seen dissatisfaction, if not disconnect, on their part. By running as an insider at the Department of Insurance, I intend to cooperate with the next Governor in restoring confidence in State services on an agency-by-agency basis by being an effective administrator with my inside knowledge of the Department. Specifically, the Department is a self-funded agency which can be more responsive by ensuring regular, fair and reasonable rates, prompt implementation of services and swift discipline of those who cheat consumers.

3. What steps would you take to reduce the level of special interest in Sacramento?

To this end, I seek only the office of Insurance Commissioner. For my part, I am pledged in writing to never seek another office. My campaign is self-financed. I would assume my duties owing no one and would act as Insurance Commissioner doing only what the law mandates. It would not be governance by press release or with an eye toward obtaining the next higher office. I would draw upon the present workers in the Department with their expertise as a resource, instead of hiring outside consultants or electoral refugees to tell me how to do my job. Given that I would not be thus distracted, and by concentrating on being Commissioner, special interests in Sacramento would not have much level of influence or leverage with me. The Commissioner should be as fair, as you would expect a judge to be.

4. What steps would you take to reduce the cost of health insurance in California?

The paradigm has shifted with the very recent passage of the Patient Protection and Affordability Act. Before, the powers of the Department were either deliberately (and jealously) limited by the Legislature or shared with other State agencies. Now, Insurance Commissioners of California and the other States are charged with assisting in implementation of the Bill. Interim, the Department attorneys who currently examine health insurance policies are now tasked with parsing the omnibus Bill to identify its mandates and meet its deadlines. To a certain extent, the present Insurance Code -- which is in need of revision -- helps to do this, but the next Commissioner may have to hold investigatory hearings and confer with the Legislature regarding enabling statutes to ensure compliance by the companies. Complaints as to health care service can be addressed administratively, but that is after the fact. The objective as to cost is to make certain that the "Affordability" rate provisions of the Act are enforced. Representations were made to Californians as to the benefits to them if the Bill were passed. Since the Federal government has increased its role in this matter, I will see that the Department regulates the Regulator and lives up to them.

5. What steps would you take to try to reduce the cost of other types of insurance in California?

Since passage of Proposition 103 over 22 years ago, availability and affordability of automobile insurance, for example, has improved. For this reason, it has to be the first principle and foundation of how the Department regulates all insurance products and guarded as such. Rigorous enforcement of the Code sections and regulations adopted since further this end when it comes to other types of insurance coverage, but it does not yet extend to all kinds. In addition to educating the public as to its rights under the Insurance Code, the Department has existing programs which can be expanded and the Commissioner, in a nonpartisan capacity, should go to the Legislature for authority to do more. Increasing insurability helps to reduce costs.

6. What is your stand on Prop 17 regarding auto insurance?

Although I view favorably any talk of "discounts" by auto insurers, they cannot result in a surcharge upon other drivers, as the Department has actuarially determined. In addition, it is possible that it may result in an increase of uninsured motorists, a subject of deep concern. Finally, it could undermine Prop 103, which is central to the Insurance Code, as I noted above. For this reason, I cannot support it.

7. What are your views on no-fault insurance and do you think it is viable for California?

This is a question I have looked into over the years as part of my job at the Department and although it has been adopted in other States, it does not appear satisfactorily workable in California, given the size of our still growing population and established tort system.

8. Currently, do you feel there is a good balance in state insurance laws between providing Californians with affordable coverage and giving insurance companies the opportunity to achieve a reasonable level of profitability?

Yes, but it requires a vigilant Commissioner and a watchful Department working through its investigators, examiners, actuaries, analysts and attorneys. Prop 103 has protected both consumers and providers of insurance, for example. Further, as the Department has been empowered over the ensuing years, the prior approval of rates by the Commissioner since instituted controls costs and prevents swings that occurred before passage. I judge the statutes adopted since by the fact that insurers want to participate in our market and Californians can exercise choice over a broad selection of carriers.

www.fitzonthejob.com
brian@fitzonthejob.com
Facebook Brian FitzGerald for Insurance Commissioner
(415) 951 - 9114

Thursday, June 3, 2010

There should be another article about me in the next day or two...

-- which I will post here and at the Facebook page. In the end, I was at least able to communicate with a number of dailies and trade press except my original hometown paper. All I would have said to it is (to borrow a line from a film) that I can't give you something mediocre, even if that's all you want. You out there want someone to BE Commissioner and to DO the job. As Commissioner I would ask all Department personnel to ACT on their job specifications. I won't just be watching; I will be driving myself to our far-flung offices. Not surprise inspections, but call-ahead visits where Department staff can tell me what they are doing and what they need to do it. That is how you enforce the Insurance Code and regulations and effectively regulate the delivery of insurance products and services to Californians and consumers.

Busy as a "Worker" Bee...

http://www.sacbee.com/2010/06/03/2794813/the-state-worker-hes-running-for.html#none

Wednesday, June 2, 2010

All the News that Fitz

I wanted to interrupt myself so I could write about you for a change. I have tried to persuade, by example, you to run for whatever office for which you have the qualifications. You might want to spend more than a dollar a day, but otherwise use the internet, set up a website and contact the press/media. It shouldn't cost a fortune to run for office, provided you have the qualifications to stand on. Try writing a book. Mine was entitled I Wrote This Book Because I'm Running for Office. Couldn't find a publisher.

I will return to the election at hand with my next 'blog entry.

Tuesday, June 1, 2010

To regulate is to keep things...

-- regular. A Commissioner can propose policy, but you have only to look at the multiple volumes of the Insurance Code on library shelves to see that there is already much policy to enforce, laden by the Legislature over a century and a half. If the Department is doing its job, advising the Commissioner and apprising him of potential problems in advance, then routine issues regarding insurance rates or claims handling ought to be quickly resolved and before they become crises. As it is, we Californians live on the edge of some disaster every day.

How to get the job done? For any office, first Californians must vote for those who will stay and undertake the duties of the particular office. The amateurs have had their chances, those of us who want to recover California now want ours. Next, the candidates must know what to do. California is running out of time. Officeholders themselves must "elect" to set aside personal ambition and be content to give their best fully to the position sought. This requires great powers of concentration. Anything less would not be dedicated public service.

A commissioner oversees the daily functioning of the Department in its task to protect millions of consumers in the delivery of insurance products and services and to regulate the most massive sector of California commerce, which is the insurance industry, touching all aspects of our daily lives. Sometimes a referee, sometimes an umpire, he can best compared to a judge, but that doesn't preclude policymaking.

Its application, however, must be practical, not political. There is much in the aforementioned Insurance Code and regulations that can be done better now, not just replaced with something new. That is where my experience in the enforcement of that same Code counts.

We are a week out from the primary. I have run my own campaign on little money and asked for nothing except your attention. All the while, I continued to do my job as a Department Enforcement Attorney, dealing with agents and companies and thinking how I would manage matters differently, if given that opportunity by you. For all these months, it was how I could best demonstrate all of the above to you.

Please continue to check daily both here and my Facebook page "Brian FitzGerald for Insurance Commissioner." Go back and read my earlier posts, essays and links. You may think that things are winding down or the election is only about the Governor's race, but I and other Californians plan on it being much more than that.