Monthly Archives: March 2021

The Governor Puts His Thumb on the Education Scale

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The news may be official by the time you read this post, but I’ve gotten word that Gov. Phil Scott has chosen two new members of the State Board of Education. The last two Peter Shumlin appointees on the 10-member board, Peter Peltz and William Mathis, have seen their terms come to an end. Yep, the entire board is now made up of Phil Scott appointees.

This ought to concern anyone interested in the health of the public school system. Since his initial run for governor in 2016, Scott has been nosing around some pretty big education reforms. He’s talked up a single statewide school district, which would include a statewide school voucher system. Such a system would drain resources from the public schools. Scott has also consistently voiced support for a “cradle to career” approach to education, which would likely mean giving some Ed Fund dollars to child care, early education, and secondary education.

Also looming overhead are the legal challenges to Vermont’s ban on paying tuition to religious schools. Given the compensation of the U.S. Supreme Court, it’s likely that Vermont will have to accommodate an unfriendly ruling sometime soon. The easiest way around these lawsuits is to stop paying tuition to any non-public school, including the approved independent schools like the St. Johnsbury Academy and the Burr and Burton Academy. That’s politically unlikely, but the composition of the State Board of Education makes it even less likely.

Lovett was the headmaster of St. Johnsbury Academy until last June, when he stepped down after 19 years on the job. His appointment would mean that fully half of the board, and half of its voting members, have strong connections to approved independent schools.

Jepson is executive director of Chamber & Economic Development of the Rutland Region. (The clumsily-named C&ED was born of a merger between the Rutland Chamber of Commerce and the Rutland Economic Development Corporation.) Before that, Jepson was head of the Career & Technical Teacher Education Program at Vermont Technical College.

So, two more people with no particular tie to the public education system are joining the body that oversees the public education system.

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All the Rabbit Holes

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I think this is the point where the far left and the far right come together. Or at least try to.

The above cacophony of colors and fonts is making the rounds on social media. No indication of creator or sponsor; “Vermonters Against Unconst. Lock-downs & Tyranny” is either brand new or fictitious. A Google search produces no matches. Dive down this rabbit hole at your own risk.

The Burlington “flash mob” event follows a rally at the Statehouse this past Saturday which, by my count, attracted maybe 30 people. I wasn’t there, but a participant uploaded a nine-minute video of the rally on BitChute, a “free speech” alternative to YouTube that’s welcomed many who’ve been banned by mainstream social media sites, including shouty conspiratorialist Alex Jones. The video plays under the headline, “Covid is a Fraud and We Know It.”

The speakers at the Montpelier event included Newport print shop owner Mike Desautels, who has lost his UPS affiliation and his court battle against the state’s mask mandate. (The video’s narrator claimed that Desautels is $15,000 in the hole for legal fees, and pleaded for donations to Desautels’ GoFundMe page.)

Another speaker was Shylo Bourdeau, co-owner of a farm in Lowell. The video includes a short passage from her speech, which I transcribed to the best of my ability.

They can’t stop us by convention in this oath of office allegiance. And the importance of as established by convention in this oath is them swearing to uphold the Constitution as established by convention for we, the people, was removed. So who are they swearing to? Who are they holding their allegiance to, with that removed?

Your guess is a good as mine. At that point, someone in the audience helpfully shouted “Rothschilds,” so there’s the Protocols of the Elders of Zion George Soros World Jewish Conspiracy which funded the creation of coronavirus in a Chinese lab, I guess?

After the jump: All the rabbit holes in one convenient location!

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And Now a Word From Vermont’s #1 QAnon Ambulance Chaser

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Hello, friends. I’m Deb Bucknam. You may know me as the spectacularly unsuccessful Republican candidate for Attorney General in 2016, or from my years of service as an officer of the Vermont Republican Party.

That may make you think I’m mainstream, but let me assure you I’m anything but. I stand ready to legally represent any member of the far right who’s been oppressed, victimized or silenced by the deep state, the United Nations or the insidious Antifa movement.

That’s right. Call me if your violent threats have cost you your job, or if you’ve been targeted for refusing to wear a mask, or if you’ve been barred from carrying your firearm into any space, or if a simple patriotic act like storming the U.S. Capitol has triggered a deeply unfair prosecution. I WILL BE YOUR ADVOCATE!

Just look at my track record. I represented a Rutland gym owner whose business was ruthlessly shut down by state officials. I went to court on behalf of five brave Vermonters who sought to block the mailing of ballots to every registered voter in Vermont. And I stood by the side of a Newport mail shop owner as the state tried to close him down for refusing to make customers and staffers wear masks.

Now, I may have lost every single case. But I promise to have your back, no matter how ridiculous or imaginary your cause.

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Admin Official Injures Self Attempting Verbal Arabesque

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You get the feeling that Human Services Secretary Mike Smith was all prepared for a question about the Scott administration’s refusal to prioritize prison inmates for Covid-19 vaccinations. Because, as it turns out, he was kind of over-prepared.

At the administration’s Friday press conference, reporters were far more occupied with other issues. There were questions about teachers and child care workers and various classes of potentially high-risk cohorts, but the first mention of inmates didn’t come until the one hour, 37 minute mark.

At that point, Joe Gresser of the Barton Chronicle asked whether long-term care facilities near the Northern State Correctional Facility should change their visitation rules due to the Covid outbreak at the prison. Implying, I guess, that the prison outbreak could mean more danger in the surrounding community.

At which point Smith spent three minutes and 21 seconds on a soliloquy that didn’t actually answer Gresser’s question. The time was consumed in a word-salady defense of the state’s inmate vaccination policy. Which makes me think Smith was expecting a barrage of questions on the issue.

For those just joining us, the state’s policy is to consider inmates exactly as other Vermonters are considered. They get vaccinated when their age group or risk group gets vaccinated. No special treatment. Despite the fact that, according to defense attorney and inmate advocate Kelly Green, 44% of NSCF inmates have tested positive. Forty-four percent. If that’s not a high-risk cohort, I don’t know what is.

After the jump, I’m going to provide a transcript (my own) of Smith’s entire disquisition and then make some comments.

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Mailed Ballots: A Study in Legislative Timidity

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A couple of weeks ago, the Senate Government Operations Committee approved S.15, a bill that would mandate mail-in ballots for November elections. On Wednesday, the panel was presented with an opportunity to make the mandate universal, applying to general elections, primaries, and Town Meeting Day.

(The only exception: Communities that hold actual town meetings would be exempt. Towns that use the Australian ballot for TMD questions would have to provide mail service to all voters.)

And the committee couldn’t back away fast enough. Members used every delaying tactic in the book, from straw-man punching to red herrings to gross exaggeration. It was so sad that the panel even balked at the last refuge of legislative delay, appointing a study committee!

Now, there was a bit of political gamesmanship involved on the part of Republican Sen. Corey Parent, who offered the amendment to S.15. If he was completely serious about the idea, he could have proposed it sooner. The deadline for policy bills to pass the Senate is this Friday, and it’s a stretch to think his amendment could get due consideration in Gov Ops and on the Senate floor.

But he did have a serious point, and I have to say I agree with him.

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Tightening Up the Hate Crime Law

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I’ve written previously about Vermont’s inability to protect targets of hate crimes, especially those in public office. People of color, including former state rep Kiah Morris, have been hounded out of elective office — and have gotten no support or protection from law enforcement or prosecutors. Women in public life, who are frequently targets of harassment, also have to carry on with no recourse in the law. Which means, hey, the harassers win!

Turns out, somebody’s trying to do something about that. The House Judiciary Committee is working on a revision to Vermont’s hate crime law aimed at allowing more prosecutions while preserving Constitutional rights. More on this after a brief digression.

This is what they call a “committee bill,” meaning it’s drafted by a committee rather than an individual legislator. Coincidentally enough, VTDigger’s Kit Norton covered the phenomenon in last night’s episode of “Final Reading,” Digger’s free-subscription daily summary of legislative activity.

Unlike an ordinary piece of legislation, which is formally introduced by a member of the House or Senate, given a bill number and referred to a legislative panel for discussion, a committee bill is assembled, piece by piece, within a — you guessed it — committee. 

It lacks a bill number and isn’t easily found on the Legislature’s website. It can evolve quickly and quietly, under the radar, until it springs from committee, fully formed, onto the House or Senate floor. 

Norton writes that, for whatever reason, there are lots of these bills in the Legislature this year. He’s right; committee bills don’t show up in the Legislature’s searchable list of introduced bills. You have to go to the committee’s website and search around.

Back to the matter at hand. Apparently House Judiciary has been low-key working on this, in consultation with the Attorney General’s office. I’m glad to hear that, because I’ve specifically attacked T.J. Donovan for failing to prosecute hate crimes. This means Donovan recognizes the need for a change in the law. On Wednesday morning, the committee began hearing testimony on the bill. Testimony that showed how difficult a balancing act this legislation will be.

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Is Phil Scott Okay With Appointing a Conspiracy-Minded Trumpist?

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Welcome, friends, to the Facebook feed of Brian Bailey, a resident of Barre and a Phil Scott appointee to the state’s Fish and WIldlife Board. Bailey is the owner of McLeod’s Spring and Chassis, a truck repair shop in Barre. He’s very active on Facebook. Many of his posts are about hunting, fishing and the Great Outdoors. He also spends a lot of time posting and reposting hateful attacks on Democrats including the one pictured above.

It must be noted that Vermont has I don’t know how many boards and commissions. It’s practically a full-time job for someone in the administration to keep up with all the nominations. So this isn’t anything like Gov. Scott naming a die-hard Trumpist to an executive-level position in his government. And as a hunter and outdoorsman, Bailey seems to be qualified for the post.

But how does the governor feel about having such an extremist represent his administration in any capacity?

(Before we go on, I’ll note that the Fish and Wildlife Board has 14 members, one representing each county. Only two of the 14 are women. Problem?)

After the jump: Lots more hateful postings! Join me, won’t you?

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Another Flood of Federal Cash: Will We Do the Right Thing?

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Vermont is about to receive another tsunami of federal Covid relief. Thanks in part to the diligent “bring home the bacon” efforts of our Congressional delegation, Vermont will be among the top recipients of per capita federal aid. The American Rescue Plan, passed by the U.S. Senate on Saturday, would provide $1.25 billion for Vermont, according to Baconator-in-Chief Pat Leahy. That’s equal to the amount we got from last year’s CARES Act.

And until the last dollar is spent, there is no excuse for any Vermonter to be struggling. That is, if the Scott administration and the Legislature follow one simple rule: Prioritize relief for those hit hardest by the pandemic. Only then should you think about anything else.

Since the pandemic began, the Vermont Foodbank has been overwhelmed. In 2020, it set an all-time record for delivering food to those in need. Total food distribution was 113% higher than in 2019. And the demand has remained high. “The need has not gone down,” Foodbank CEO John Sayles told me.”Our 300 partners around the state all continue to see the heightened levels we’ve seen since last March.”

As long as there are unspent federal dollars, this should not happen. The food banks ought to be empty. Crickets, tumbleweeds, dust on the canned goods.

Sayles offered plenty of praise for steps the state has taken to reduce hunger, and said his request for fiscal year 2022 has gotten a “really positive response.” If that’s true, I asked him, why has the demand stayed at record levels? “So many people have had massive economic disruption,” he said, citing a UVM study that found 50% of Vermonters have had some kind of financial disruption since the pandemic hit.

Full credit to our political leaders for accomplishing much, but we could be doing even more. Food-insecure Vermonters should be at the front of the line, along with others hard hit by the pandemic. They include people with substance use or mental health issues, and small businesses in sectors like small retail, hospitality and tourism.

What shouldn’t happen is that the money gets used for wish-list projects or non-Covid-related issues.

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“Both Sides” Benning

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The junior senator from Caledonia County has crafted a masterpiece of both-sidesism. Sen. Joe Benning’s essay, “With Work, We Can Heal This Divided America,” blames conservatives and liberals alike for our stark political differences.

Now, these are tough times to be a thoughtful Republican. Joe Benning is one of those. He’s a conservative but not an ideologue, and he brings a defense attorney’s perspective to his work on the Senate Judiciary Committee.

But this essay…

Benning acknowledges the intolerance in his own party:

…my party must absolutely divorce itself from those promoting intolerance, conspiracy theories, bigotry and hate. The extremist mentality which led to the unfortunate events of Jan. 6 cannot go unchecked.

A bit understated, but fair. He then indicts the Democrats:

Coordinated extremists shouting down speakers they dislike, physically breaking up rally-goers gathered for a cause they disagree with and randomly destroying property are not petty concerns. They are harbingers of the very same “ends-justifies-the-means” intolerant mindset now infecting extremists on the right.

Plenty of truth there. Intolerance does exist on both sides. But it is far from evenly distributed. The vast majority of the intolerance, hate, and conspiracy thinking is on the right.

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Slate Ridge: That Was the Easy Part

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Turns out you need a permit to do this kind of stuff.

The various law enforcement agencies that did nothing to help the people of West Pawlet are probably breathing a sigh of relief, now that an Environmental Court judge has ordered the Slate Ridge school terrorist training ground to close permanently for operating without the proper permits. Slate Ridge proprietor Daniel Banyai is on the hook for more than $46,000 in fines, plus the costs of dismantling all nonconforming structures.

But that sigh won’t last long. What are the chances that Banyai will meekly comply? I’d say zero. You may recall the 2007 case of Ed and Elaine Brown, two racist, anti-Semitic tax resisters who believed the whole “sovereign citizen” nonsense. After being convicted for refusing to pay their taxes for a full decade, they holed up in their Plainfield, New Hampshire compound and basically dared the feds to come and git ’em. The resulting standoff lasted 10 months.

Resolving the Banyai matter may well be a lot more complicated than that. So the folks who did nothing (Gov. Phil Scott, Attorney General T.J. Donovan, the Vermont State Police et al.) will eventually be obliged to take action.

Or they’ll just let the ruling to unenforced. Which would be the height of official cowardice.

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