Category Archives: Government

Governor No Prepares to Strike Again — UPDATED With More Potential Vetoes, Yay

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The Vermont Legislature just wrapped up a fairly productive session, all told. Or should I say it will have been productive if Gov. Phil Scott doesn’t whip out the ol’ veto pen (Only in Journalism) and kill a whole bunch of bills.

And by all indications, that’s exactly what he’s about to do.

Might I take a moment to say, once again, that any Democrat who votes for Phil Scott isn’t serious about the Democratic agenda? Because the Legislature will have all it can do to override a couple, maybe three, gubernatorial vetoes. Even when you’ve got a supermajority, overrides are tough. So as long as Scott is governor, the Democratic vision for Vermont will remain frustratingly (or, if you don’t like Democratic policies, hearteningly) incomplete. Especially when it comes to climate change, where the governor is in position to decimate what the Legislature has accomplished.

There’s already been one veto this year, on the flavored tobacco ban. Override failed on a close vote in the Senate. By my unofficial and possibly incomplete count, we are probably in for six more. At least. Here’s the list.

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I Think I Know Why This Man Is Smiling

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For all of Gov. Phil Scott’s tough talk about the budget and how tight we’ve got to be with our money, you might not guess that he and his top officials are due to get some very healthy raises in the new fiscal year.

The Pay Act, H.889, has been floating serenely through the Legislature to little to no public notice. The House has passed it, and I don’t doubt the Senate will follow along before adjournment. I hadn’t heard a peep about it until Sen. Tanya Vyhovsky tweeted this the other day:

Yep, that’s right, 6.4% pay raises for the governor and all his appointees.

To be fair (if only for a moment), that figure is exactly what state employees are getting in their collectively-bargained contracts. But you know, it might have occurred to the governor and his tight-fisted apparatchiks that a voluntary gesture of self-discipline might be in order. You know, in light of the fact that we allegedly can’t afford to provide enough shelter for our homeless population.

Especially the governor himself. Especially when, as Sen. Vyhovsky pointed out, the Pay Act would make him the second highest paid governor in the country.

That’s right. Humble ol’ Gov. Phil Scott is pulling down a top-of-the-heap salary for leading our brave little state. Emphasis on “little,” because if we compared state budgets and governors’ salaries, Scott would lead the pack by a country mile.

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Less “Lean Management” Than “Mean Management”

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There have been numerous examples over the years of Phil Scott’s failure to build an effective bureaucracy in spite of his promises to lower the cost of government and improve the delivery of services The latest, and perhaps most outrageous, is the unconscionable handling of the extended emergency motel voucher program. As reported by VTDigger, the Scott administration is now requiring recipients to recertify once a week — and is making it damn difficult to comply by woefully understaffing its call centers and offices.

There are two possible explanations for this. Either the administration is doing its best to torpedo an extension it never wanted in the first place, or it has deliberately resource-starved the Department of Children and Families to the point where DCF can’t properly do its job. Either way, it’s inexcusable. As is the desperate display of blame-shifting put on by DCF functionary Miranda Gray.

It’s not our fault, she told VTDigger. It’s recipients’ fault for not being persistent enough or not answering the phone when DCF gets around to calling them back. It’s a caseworker’s fault for not communicating with DCF (through its terrible call center). Recipients who can’t get through by phone should go to a field office (but at least one recipient was forced to wait for hours and hours at a field office). It’s the Legislature’s fault for setting the rules (yes, they opened the door to weekly check-ins but (a) the admin sets the rules and (b) the mismanagement of the call system is all on YOU).

Meanwhile, recipients are waiting hours upon hours and living constantly in fear of losing their shelter. All because YOU couldn’t fully staff a call center after increasing your own workload by mandating weekly check-ins.

Also meanwhile, no one has received a damn dime from a disaster relief fund for the self-employed and independent contractors. And some of the applications seem to have been bungled. Wow, more management failure. And another administration official busily pointing the finger elsewhere.

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Something Great is Happening Today in Ohio. It Wouldn’t Be Possible Here.

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Voters are reportedly flocking to the polls in Ohio today, as part of a drive to enshrine reproductive rights in its constitution. A similar effort could not possibly have happened in Vermont thanks to our paternalistic, top-down system of government.

In case you haven’t heard the story, abortion rights advocates in Ohio mounted a successful petition drive to put a reproductive rights amendment on the state ballot in November. Republicans in control of state government, realizing the amendment was polling very strongly, ginned up their own ballot question to try to derail the November vote. “Issue 1” would raise the bar for constitutional referenda from 50% to 60%. (Last November, Michigan voters approved a reproductive rights amendment with 57% support.) Republicans then scheduled the Issue 1 vote for today in hopes of winning a low-turnout election. But early turnout has been very strong, and it looks like the Republican chicanery won’t work.

Point is, Ohio is on track to hand a stinging defeat to the anti-abortion movement thanks to a governmental process that doesn’t exist in Vermont because our founders decided to protect We, the People from ourselves. They did not create a mechanism for the public to gain access to the ballot.

Regarding reproductive rights, things have worked out just fine in Vermont because the Legislature was like-minded. But what if it wasn’t?

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The Veto King Reaches Another Milestone

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Renowned nice guy Gov. Phil Scott has made history — again — by vetoing yet another bill. According to the Vermont State Archives, Scott’s veto of the legislative pay raise bill was the 40th of his administration.

Scott is the first Vermont governor to reach 40, just as he was the first to reach 35, and 30, and 25, and 22. The previous record holder was Howard Dean, who vetoed 21 bills in his 12 years in office. Scott has nearly doubled that total in only seven legislative sessions. And he might rack up another one or two before the books close on the 2023 Legislature.

The State Archives list 184 veto messages by Vermont governors. The first one happened in 1839, when Gov. S.H. Jenison vetoed a bill to establish the Memphremagog Literary and Theological Seminary. Phil Scott is now responsible for 21.7% of all the vetoes in state history. He’s only occupied the office for 2.9% of the time that Vermont has had a governor.

The Scott apologists in the audience may be thinking “Well, of course he’s vetoed a lot of bills. He’s a Republican facing a Democratic Legislature.” Sure, but (a) he’s supposedly a moderate and (b) he’s an extreme outlier by any standard. Jim Douglas had a very contentious relationship with the Legislature, and yet he vetoed only 19 bills in his four full terms in office. He averaged less than two and a half vetoes per year. Scott is averaging almost eight.

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Someone on Senate Appropriations Did Something Despicable Today

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Here’s a new one! Today, a legislative committee made up of six Democrats and one Republican doxxed the Vermont Democratic Party’s most recent candidate for governor.

The above image is a partial screenshot of an email sent by Brenda Siegel to the committee. Siegel’s personal email address was redacted by me, not by anyone at the committee.

That’s right, they posted an email from Siegel on the Legislature’s official website and included Siegel’s personal email address. And Siegel’s email was clearly NOT intended to be official testimony. You can tell because of the “Hi there” salutation and the fact that further down in the email, Siegel specifically said that she would be submitting testimony later in the day. So someone on the committee deliberately decided to publish an email that wasn’t intended for the official record, and in the process expose Siegel’s personal email address.

Like I said, despicable.

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The Honorable Member From Lyndon Would Like Some Cheese to Go with That Whine

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First-term state Rep. Charles Wilson (R-Lyndon), seen here doing his level best to stay awake during a budget hearing, has established himself as one of the most complainy of the House Republicans’ infinitesimal freshman class. He’s right up there with Barre Town’s Gina Galfetti for writing op-eds about how badly House Republicans are mistreated by the majority caucuses.

WIlson has characterized global warming as “a hoax“ and the majority Dems and Progs as “tyrannical.” Which only means that he has never experienced real tyranny, but let’s keep moving. He also sees organic farms as “failing” enterprises that are a waste of farm aid programs, and the state budget as an “obnoxious and unsustainable” document that “tempts unconscionable spending on policies set by unelected consultants and boards of California Dreamers.”

His latest commentary complains that Vermont has a “one-party system.” Which, ahem, Phil Scott. But yeah, the Dems and Progs have built up historic majorities in the Legislature — thanks to the VTGOP’s descent into incompetence and extremism.

One of WIlson’s complaints is that “many Republican bills are never even put forth for discussion — only Democrat and Progressive bills.” Well, sure, that’s what legislative majorities do. But let’s be fair and take a closer look at these “Republican bills” that are languishing in the circular file. I’m sure they’re top-flight examples of deep thought and creativity, right?

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Sludge Seeks Its Own Level

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You may have been asking yourself, “Self, whatever became of Gerald ‘Deploy’ Malloy?” I mean, could the guy who was convinced he was going to beat Peter Welch (spoiler alert: he didn’t) have simply fallen off the face of the earth? Surely he’s found something productive to do with his time!

Well, good news and bad news.

Malloy has found a new cause, but it’s a complete loser. He has deployed himself into the Convention of States, a fringey conservative cause. He’s been named the CoS’ Veterans Coalition Director for the state of Vermont, whatever that means. It’s nice that he’ll have something to do with his spare time. Not so nice that he’s signed onto a doomed cause that only serves to underline his political extremism.

And he’s not alone! Fellow travelers Vicki Strong and Ericka Redic have also signed on to the CoS. Former state lawmaker Strong will be the group’s Legislative Liaison for Vermont. Redic, host of the seldom-watched YouTube series “Consistently Irritating” [checks notes] sorry, “Generally Irritable,” is the CoS’ state videographer.

To call the CoS cause in Vermont “quixotic” would be an understatement. It’s not even going anywhere on a national level; it’s DOA in Bernieland.

The CoS was first mentioned in this space in connection with one Jason Herron, who ran for local office in Guilford last spring under the guise of a humble tree farmer who merely sought transparency in town governance. Herron is the state coordinator for the CoS, which I guess makes him Malloy’s boss?

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I Do Believe Somebody’s Finally Listening to Doug Hoffer

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Sometimes I wonder how Doug Hoffer keeps going. He issues report after report, audit after audit, only to see them routinely dismissed by state officials and ignored by the Legislature. This is especially bad when it comes to state business incentive programs, which appear unkillable in spite of a complete lack of evidence that they accomplish anything. And, as Hoffer points out, the programs don’t even require evidence. Decisions are often unreviewable by anyone else, and crucial information is kept private as a statutory deference to business interests.

But now, as a new biennium dawns, there are signs that Hoffer is finally having an impact.

First, there’s H.10, a bill that would require much more transparency in the Vermont Economic Growth Incentive program, which may or may not produce any actual, you know, economic growth. A similar bill got nowhere in the last biennium, but this time its sponsor, Rep. Emilie Kornheiser, is the newly-minted chair of the House Ways & Means Committee. Which is to say, she’s got some freshly acquired heft. And H.10 is co-sponsored by Rep. Michael Marcotte, the Republican chair of the House Committee on Commerce and Economic Development, which is where the bill will be heading.

Bipartisanship, it’s a beautiful thing. But if you listen closely, you can hear Gov. Phil Scott’s legal counsel Jaye Pershing Johnson furiously leafing through the books, searching for a constitutional pretext to oppose the bill. If H.10 does get through the House and Senate, a gubernatorial veto seems likely. After all, the governor is a devoted friend to the business community and he absolutely looooooves him some business incentive programs.

If H.10 gets through the House, it will land in the Senate Economic Development Committee. Former chair Michael Sirotkin was a staunch believer in incentive programs, and it’s easy to imagine him dropping the bill into the circular file. It should be a different story under his successor, Sen. Kesha Ram Hinsdale.

Second, there’s H.24, which would give the auditor’s office greater access to information about entities that get state contracts. The bill is meant to counteract a Vermont Supreme Court decision that denied Hoffer access to payroll information at OneCare Vermont.

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The Best Part of It Was This Guy

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After almost an hour of pomp and circumstance (as befits the Green Mountain Boys’ home turf, actually no), Gov. Phil Scott was sworn into office on Thursday and delivered his fourth inaugural address.

We’ll get to all that, but first let’s deal with the highlight of the day: François Clemmons, actor, singer, writer, teacher, the friendly cop in Mr. Rogers’ Neighborhood, and Vermont treasure, singing the national anthem with joy, spirit, and power. Good stuff.

(Skip to the 28th minute and enjoy.)

As for the inaugural… on the Phil Scott “Meh” Scale, it was… slightly better than “meh.” He laid out a series of issues that went beyond the usual stuff about workforce and demographics. Oh, those things were in there too, but so were climate change, housing, the opioid epidemic, mental health, and “accountability” in law enforcement. (Trigger warning: His vision of that issue comes straight out of the law ‘n order playbook.)

There was a blessed lack of snide remarks about those who disagree with him, but his customary implication that “working together” means abandoning your ideas in favor of his.

The unifying message of the speech was that we must do more to help rural Vermont catch up with the bigger communities in quality of life and economic opportunity. As I listened to him, I started to realize something: This is a false dichotomy.

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