Just wake me when it’s over

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Scott Milne, eyes wide shutAs predictable, and as tiresome, as the early-autumn snowfall that sends everybody running to get their snow tires on:

Milne to Delay Gubernatorial Decision — Again

That utterly unsurprising word comes from Mr. Politics Editor, Paul Heintz, who helpfully recounts Scott Milne’s oft-delayed decision on whether he will actively promote his gubernatorial candidacy before the Legislature. When last we heard from Mahatma’s secret redoubt, he was promising a decision this week. But now?

On Thursday, he told Seven Days by text message that the announcement was “sliding into next week.”

And I’ll believe that when I see it.

 

 

 

David Mears seems like a nice guy

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DEC Commissioner David Mears was on WDEV’s Mark Johnson Show this morning, mostly talking Lake Champlain cleanup. I’ve been, shall we say, somewhat critical of the Shumlin administration’s response to Champlain’s deteriorating water quality (recent post was entitled “At this rate, Lake Champlain will be cleaned up about the time the sun goes nova and the Earth becomes a cold, dead husk,” which I guess could be taken as critical). So I wanted to hear what he had to say.

The face of earnest concern.

The face of earnest concern.

And a lot of it sounded reasonable. He does, however, have a problem: the cynicism of people like me is based on decades of neglect and delay by multiple administrations — and the bare fact that the current Powers That Be are being forced to act by the feds. So pardon us if we don’t accept bland assurances at face value.

First, he made an important correction. Many news outlets reported (and I echoed the reports) that the Shumlin administration had proposed new levies on “impervious development” and agricultural fertilizers that would raise about $1 million per year for Champlain mitigation. Which is a drop in the bucket.

Well, according to Mears, the $1 million figure was a “for example” number, and the administration actually intendes to set the levies at rates that would produce $4 million to $6 million per year. Mears describes this as “seed money.” And while it still seems rather small, it’s a lot bigger than I thought. (See note at end of this post.)

Overall, Mears made a good case for the administration’s dedication to the issue. And at one point he said, “We’re used to fighting on this issue” in a way that seemed to lay the adversarial blame on both sides.

To which I’d point out that the last two administrations, at least, have been dragged kicking and screaming into taking any action whatsoever. The Conservation Law Foundation’s lawsuit against the state, for violating the Clean Water Act regarding Lake Champlain, was first filed in 2008. And that came after years of diligent efforts to convince state government to live up to its responsibilities without an expensive court battle. So if “we’re used to fighting,” it’s not because the environmental community is feeling a bit stroppy — it’s because they’ve been consistently stonewalled by state  government. There’s been little or no cooperation, at least as far as we can tell in public.

When such obstructionism is practiced by a Republican government, we’re disappointed but not terribly surprised. When it’s done by a Democratic administration that professes to hold a strong environmental ethic, it seems like a betrayal of shared ideals. And it’s the plain truth that the current administration has slow-played the issue to a crawl, even as Champlain’s quality continues to degrade.

Mears’ presentation fell short in some key areas. When Johnson (who did an excellent job holding Mears’ feet to the fire, by the way) asked about items like Ag Secretary Chuck Ross’ decision not to mandate “best practices” for farms near Mississquoi Bay and the potential laying of a natural gas pipeline under the lake, Mears ducked the questions, saying it wasn’t his responsibility.

Well, yes. But as Johnson pointed out, Lake Champlain is his responsibility. We should expect him to be fully informed on issues that affect water quality even if they’re not primarily in his bailiwick.

I came away from the interview with a greater appreciation for the nuances of the issue, and for the administration’s interest in addressing it. But there’s a whole lot of history to overcome regarding Lake Champlain — and regarding the administration’s often-slippery relationship with the truth.

In short, telling me about your plans and dedication isn’t enough. You’ve got to show me.

 

Postscript. In the interview, Mears noted that he’d been in contact with reporters to correct initial reporting that proposed levies on fertilizers and “impervious development” would raise $1 million per year, rather than the administration’s target of $4 million to $6 million per year. 

Well, Mr. Commissioner, nobody ever contacted me. I realize that I don’t know everything about state government, and my ignorance sometimes results in errors. I am always open to correcting any errors in the most transparent way possible. But rarely, if ever, do I get feedback from the administration. (Generally speaking, I get more feedback from Republicans than Democrats.) Now, I’m not as high on the pecking order as your established media, but I would rather be corrected than allow a mistake to remain in place. I may be a partisan blogger, but I do have a sense of responsibility. 

Shumlin’s Newsdump-a-palooza rolls on

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If you regularly read this page, you don’t need to be reminded what a newsdump is. But just in case: it’s the popular maneuver of unloading bad news when the media and the public are least likely to notice. Friday afternoons are the most common times. The final working day before a holiday weekend is ideal.

The Shumlin administration has been making a habit of this lately, and now there are two more newsdumps on the horizon. The first, regarding budget cuts, and the second, Shumlin’s long-awaited big reveal on single-payer health care.

The administration hit a two-fer on the Wednesday before Thanksgiving, ensuring minimal and shallow coverage of its planned $17 million in budget rescissions, and little to no coverage of its plan to make two-thirds of the cuts in Human Services, an agency already said to be underfunded and understaffed.

Shumlin.NewsdumpWell, there’s a sequel to the rescission newsdump. All affected agencies are supposed to submit their proposed cuts by December 5. Hey, what do you know — it’s a Friday!

This should ensure that news about specific cuts will leak out slowly. Or, will perhaps be dumped all at once in a news release issued around 5 p.m. Friday.

It’s also worth noting that the administration gave its agencies less than one business week to make these tough decisions. Its call was issued on Thanksgiving Eve, which meant that the work couldn’t commence in earnest until Monday, December 1.

But wait, you might be thinking. Didn’t the Administration decide not to pursue immediate cuts?

That’s right. Rather than risk a confrontation with the Legislature, it opted to hold off on rescissions until January.

However, the December 5 deadline remains in effect. So state agencies are being rushed into critical budget decisions, even though no action will be taken until more than a month later.

Curious. Methinks the administration might get an early start on those cuts, despite its abnegation of unilateral action.

As for the second newsdump… the Governor announced Wednesday that he would unveil the proposed benefits offered by a single-payer health care system by mid-December, and that his financing plan — the real bone of contention — will come out on December 29 or 30.

What, does he have plans for New Year’s Eve? Or would that be just too damn obvious?

Well, I guess it was too damn obvious anyway. Paul Heintz:

…he swears he’s not trying to bury the news in the lull of the holiday season.

“That’s exactly why I wanted to give you the date now,” Shumlin said during a wide-ranging discussion with reporters at Burlington’s Hotel Vermont. “Because I didn’t want to wake up on December 31 and [read], ‘It was a late-night news dump.'”

So I guess I’m helping out by labeling it a newsdump well before New Year’s Eve Morning. Wouldn’t want to spoil the last cappucino of 2014. (Or maybe I shouldn’t assume he drinks Gucci coffee. Folger’s?)

He claims that he wants to get the plan out early to “get it to the legislators before they’re sworn in.” But the specificity, to use a grand old Watergate word, is a little strange. His team, he says, “is working really hard to get this together.” A task involving that much intensive work with a bunch of people would seem, by its nature, to be somewhat open-ended. And the Governor has particularly avoided deadlines in the health care reform process because so many have been flouted in the past.

And yet he can predict, with certainty, that it will all come together on the 29th or 30th.

Somehow I doubt an extra week or so, including a long holiday weekend, will make a whole lot of difference for lawmakers. If the early release isn’t a newsdump, it will certainly have the effect of one: limiting coverage and blunting immediate reaction to the plan, allowing the Administration to prepare counter-arguments and perhaps even refine the plan before it’s formally submitted.

To me, it looks like a newsdump, walks like a newsdump, and quacks like a newsdump.

Some backstory on the militarization of our police

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Last week, while I was out of town for a family Thanksgiving, Mark Davis wrote a nice little story in Seven Days about Vermont police agencies picking up a whole lot of military-grade weaponry, thanks to a federal program designed to shore up military contractors’ bottom lines provide local police with “military equipment left over from America’s foreign wars and stockpiles.”

Which brought to mind some of my own past coverage of specific events tied to this story: a small New Hampshire community talked into buying an assault vehicle by a Rush Limbaugh-listenin’, Tea Party-believin’ salesman, and the small-scale invasion of a small Vermont town.

Instrument of peace?

Instrument of peace?

First stop in the Wayback Machine is February 2012, when Keene, NH had received a $300,000 Homeland Security grant to buy an eight-ton armored vehicle called the Lenco Bearcat. This, for a city with a population of 23,000 and virtually no history of violent crime.

But there was all that federal money dangling in front of the city fathers…

During a City Council meeting, the Mayor was heard whispering to a City Councilor “We’re going to have our own tank.”

Better than Viagra. Of course, the grant won’t pay for operating costs like maintenance, training and insurance.

The most fascinating part of the story, to me, was Jim Massery, salesman for vehicle manufacturer Lenco. His pitch was laden with fearmongering about the need for high security everywhere. In fact, one of his quotes was the following:

I don’t think there’s any place in the country where you can say, “That isn’t a likely terrorist target.” How would you know?

There was a whole lot of that, and you can read more in my 2012 post on Green Mountain Daily. Massery, as I discovered, was a true-blue conservative who believed that President Obama was trying to steal our freedoms, and that the government was spending us into oblivion. And yet he had no problem helping the government militarize local police and wastefully spend $300,000 on a Lenco Bearcat that nobody needed. (The notorious Free Staters of Keene probably thought he was an enemy agent tasked with bringing the power of the police state to their own little community.)

One of Massery’s other pitches went like this:

When a Lenco Bearcat shows up at a crime scene where a suicidal killer is holding hostages, it doesn’t show up with a cannon. It shows up with a negotiator.

And, he might have added, that negotiator shows up in grand style, hunkered down in eight tons of steel. Which brings me to story #2. In June of 2012, a man named Alfred Perreault unknowingly touched off a minor invasion of his town of Washington, VT…

A summer scene befitting a Norman Rockwell portrait was spoiled Monday morning when more than a dozen police cruisers, an armored vehicle and the big box truck that houses Vermont’s equivalent of a S.W.A.T. team set up shop in Washington to take what proved to be one unarmed man into custody.

That armored vehicle was, as it happens, a Lenco Bearcat. Purchased by the Vermont State Police with, you guessed it, a Homeland Security grant.

Perreault was known to possess a goodly quantity of firearms, hence the heavy-handed police response. Which must have triggered (sorry) a sizeable panic reaction among townspeople who suddenly saw this caravan o’death roll into town and set up roadblocks.

It all ended peacefully. But as I wrote at the time, there’s an old saying: To the man with a hammer, everything looks like a nail.

Our police agencies have been outfitted with military-grade, up-armored hammers. So naturally, Alfred Perreault looked like a nail.

It’s a lot easier for the authorities to escalate a response when they have the tools of escalation close at hand — indeed, when they may well feel a need to justify the purchase and upkeep of all those hammers. Alfred Perreault clearly needed to be dealt with. But did he warrant such a robust response?

You can bet we’ll be asking these kinds of questions again in the future.

A moment of sanity in the corner office

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Apparently the Governor realized it wasn’t a good idea to begin a new biennium with an inter-branch standoff over budget cuts.

The Shumlin administration has decided not to unilaterally cut $6.7 million from the current fiscal year’s budget. The rescissions instead will be included in the executive branch’s budget adjustment proposal to the Legislature in January.

Can we hear a brief rendition of Fanfare For A Single Kazoo?

[Administration Secretary Jeb] Spaulding said the administration agreed to wait on rescissions, but will “slow down” spending in the meantime.

“(G)etting into a fight with the Legislature on this would be counterproductive,” he said in an email.

In the words of some great philosopher somewhere, “Well, DUHHHHH.”

The Administration, for those just joining us, had claimed the authority to cut current-year spending by up to one percent without legislative approval. And, as reported in this space (and, regrettably, nowhere else), the outlined cuts were very heavy on Human Services. Which probably would have caused even more conflict with the Legislature, as it has done on previous occasions when the Administration sought to balance the budget on the backs of the working poor.

Lawmakers weren’t convinced by the Administration’s legal rationale for unilateral action, even though Attorney General Bill Sorrell rubber-stamped it. Legislative Council had a different view:

In a draft memo drafted Nov. 24, Legislative Council attorney Rebecca Wasserman said the rescissions already approved by the Joint Fiscal Committee in August preclude the administration from making unilateral cuts now.

I hate to say it, but I’ll take Wasserman’s word over Sorrell’s. Finance Commissioner Jim Reardon somehow managed to make a big concession sound like a veiled threat:

“We do believe we have the authority based on the consultation with the AG’s office,” Reardon said. “But for the sake of working with the Legislature, we decided we will propose all of the budget adjustments in January.”

“For the sake of working with the Legislature,” meaning, “We let ’em have this one, so they’d better play ball come January.”

Perhaps I read too much into this. And perhaps, in a more cooperative atmosphere, the massive Human Services cuts will be mitigated. We can but hope.

Messaging 101: Don’t make mistakes in press releases about education

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So this happened. Governor Shumlin’s office issued a press release on Monday about education funding — specifically its projection of a two-cent increase in the state property tax for the coming year.

And there was an oopsie. First to spot it was Dave Gram of the Associated Press (and now, apparently, chief Statehouse correspondent for the Burlington Free Press):

And here is the error in context:

“The bottom line is that education spending in Vermont is supported by a wide variety of state revenue sources, not just the property tax,” Gov. Shumlin said. “That’s why I do not think simply shifting more education spending to other sources will address the burden Vermonters feel. We need to tackle this first as a spending challenge because education costs have continued to rise faster than Vermonter’s ability to pay for it, even though our student count has declined.”

It’s bad enough when a gubernatorial missive goes out with a big fat juicy typo. It’s even worse when the subject of said missive is education. Does newly-minted communications chief Scott Coriell need a little proofreading help?

About those rescissions, pt. 2: The poor will always be with you

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It seems as though the Shumlin Administration’s cowardly pre-Thanksgiving newsdump was successful: our political media dutifully reported the topline — $17 million in cuts, including $6.7 million to be implemented without legislative approval.

But nobody, at least not yet, has reported any of the details. And there are some noteworthy details. Some entire agencies seem to be getting off scot-free, while others are taking it in the shorts.

Well, one in particular. And if you guessed “Agency of Human Services,” you’d be a cynical observer of Vermont politics.

And you’d be correct.

Human Services is expected to provide almost two-thirds of the total rescissions — more than $10 million.

It must be noted that Human Services is the single biggest agency, so it could be expected to take a hit. But it’s not anywhere near that big. This seems to be a rerun of past Administration efforts to cut human-services spending; I’m reminded in particular of its ill-fated effort to slash the Earned Income Tax Credit. This time, instead of calling for specific (and politically unpopular) cuts, the Administration is dumping the mess into AHS Interim Secretary Harry Chen’s lap.

Gee. Supposedly Shumlin thinks Chen is doing a bang-up job, and would love to have him stay in the post. This is a damn funny way of showing his appreciation.

Most other state agencies come in for some cuts, but nothing close to AHS scale. And there are a couple of agencies that seem to have avoided the budget ax altogether.

Number-one on that list is the Agency of Transportation. It’s one of the bigger state agencies, and it won’t be getting any smaller; it’s being held harmless.

At the same time, the Governor’s hit list gets awfully picayune in spots. The Vermont Humanities Council is being docked $9,000. The Lieutenant Governor’s office is getting nicked by $2,900. And the Vermont Symphony Orchestra is in line to lose $2,000.

I find it hard to believe that Human Services can slash $10 million but Transportation can’t spare a dime. I also find it hard to believe that a process so fine-grained that it could find two grand in savings from classical music couldn’t identify any cuts at all in concrete and asphalt.

My own budgetary chops are pretty limited, so I can’t assess each and every cut. These are a few highlights, obvious even to the untrained eye. It is to be hoped that someone in the media is taking a closer look at the rescission list. There’s definitely some funny stuff going on.

One final note. It’s been widely reported that there’s a potential conflict between Administration and Legislature over the former’s claim that it can cut $6.7 million without lawmakers’ approval. What hasn’t been reported is that the Administration wants the other cuts — the ones requiring legislative approval — to go into effect before the new session begins.

This seems like a pretty devious way to undermine the legislature’s budget-writing authority. It’s yet another potential flashpoint between the two branches of government. And yet another sign that the Governor has already stopped his post-election “listening and learning.” He’s back to taking pre-emptive action and trying to box the legislature into a corner.

 

Bartley gets the gig

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Take heart, mediocrities of the world. There is fresh hope for us all tonight. For the Vermont Republican Party, in its infinite… er… well, “wisdom” isn’t the right word.

Infinite foolishness? That’s more like it.

Anyway, the VTGOP has gone and done it, as Ricky Ricardo would say. It’s hired the serial failure and acolyte of proven Republican strategies for defeat, Jeff Bartley, as its Executive Director. (I recapped his undistinguished career in my previous post. Scroll down for the grim details.) Hard to believe the Republican talent pool is that shallow.

In fairness, it’s dimly possible that Jeff has learned some lessons at the feet of noted political sage Mahatma Milne. After all, Victory Director Bartley can claim credit for Republican pickups in the Legislature, whether he deserves it or not.

Welp, now we’ll find out whether he deserves credit, because he’ll be driving the Republican bus for the time being.  And he’ll be expected to produce additional advances in 2016.

After all, from what I hear he may be the best-paid bus driver in Vermont at roughly $50,000 per. That’s a lotta lettuce for a party whose finances have been dismal for the past several years.

Good luck, Mr. Bartley. And good luck, VTGOP, with your new chauffeur.

Jeff Bartley continues to fail upward

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Congratulations to Jeff Bartley, fresh off his unfortunate racist Tweet (“Dez Bryant is a monkey”) and his apparently successful stint as the VTGOP’s Victory Director in the 2014 campaign. Also, condolences to the VTGOP itself, because according to a hot tip, unconfirmed but from a source I trust, Jeff Bartley is about to be hired as Executive Director of the Vermont Republican Party.

I say “condolences” because Bartley is one of those Young Conservative blowhard types who keeps rising through the ranks without regard to merit or track record. Although, to be fair, if the VTGOP can actually afford a permanent full-time staffer, that’s a step up in financial terms.

Whether Bartley will be more effective than an empty chair, however, is debatable. Let’s take a look at his pre-2014 record, from a post I wrote on Green Mountain Daily in June of this year:

We last saw Jeffy in November 2013 as a candidate for state party chair. Somehow, he managed to lose the “battle” for the conservative wing’s support to John MacGovern, who blew a gasket and hit the wall in his 2012 campaign against Bernie Sanders.

Let that sink in for a moment. Jeff Bartley lost to John MacGovern. And now he’s the Republicans’ Victory Director.

Well, Bartley sure knows victory. Particularly, how to avoid it.

His political resume also includes a 2012 stint as political director for the Vermont House Republican Caucus. Yes, the group that somehow managed to lose seats even though it had previously achieved super-minority status.

Another example of Bartley’s “forward-thinking leadership” was his intra-party lawsuit against former U.S. Senate candidate Len Britton for unpaid salary and expenses. The whole schemozzle was embarrassing for both men, although moreso for Britton. But still, Bartley — then, as now, a Republican Party official — taking a fellow Republican to court? Not exactly 11th Commandment material.

Presumably, Britton was attracted to Bartley because of his previous experience in a disastrous Senate campaign: at age 20, Bartley was hired by the ill-fated Rich Tarrant for Senate campaign. Apparently he’s got a thing for hopeless causes — and for making sure they stay that way.

Bartley’s most notable contribution to the Tarrant effort was his embarrassing attempt to pull the wool over Vermonters’ eyes with a bogus political blog called “Vermont Senate Race,” which was ostensibly a straight news site, but was meant to be a conduit for Tarrant agitprop. Unfortunately, the late great Peter Freyne blew the whistle on Jeffy’s dirty trick by exposing him as the owner of the site. Plus, as Freyne pointed out, the founding of the VSR website corresponded almost exactly with the Tarrant campaign’s hiring of Bartley.

That is, as far as I can tell, Jeff Bartley’s entire political resume: just one damn failure after another. And this qualifies him to be the VTGOP’s Victory Director.

Every time I think they can’t possibly go even lower, they surprise me. When exactly does the Vermont Republican Party hit bottom?

Back to the present. If, in fact, the VTGOP is about to hire Jeff Bartley as its full-time leader, then I’m afraid it’s still trending downward.

Also, this news puts Bartley’s rapid-response Twitter apology in a new light. If he knew — as surely he must have — that he was about to get this big new job, then he had to be duty-bound and hell-bent to minimize any blowback from calling a black athlete a monkey.

And I guess it worked, since nobody else in the Vermont political media picked up on it. And now little ol’ Jeff Bartley is poised to become the Executive Director of the state party.

About those rescissions, part 1

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On Thanksgiving Eve, the Shumlin Administration took out some trash. And before I go on, may I just say that pre-weekend newsdumps — and especially pre-holiday newsdumps — are a cowardly way to govern? If you guys think you’re smart enough to manage this state, have the courage to own the bad news. A newsdump might help minimize the immediate impact, but you’d be better off to face the bad news head-on. Be honest with the people who elected you.

(There was a similar Administration newsdump the Friday before Labor day. That one was a damning review of the management of Vermont Health Connect’s IT infrastructure. I look forward, not at all, to the news we might get on Christmas Eve.)

This newsdump concerns a second round of budget rescissions, made necessary by shortfalls in income tax revenue. Which were caused by an anemic economic recovery that has left the middle and working classes behind. Stagnant wages, stagnant tax revenue. While the top earners continue to depress their tax bills through loopholes and high deductions.

The Shumlin Administration wants to cut $17 million from this year’s spending. I’ll have more to say about the specifics in a later post. For now, I’m focusing on the Administration’s claim that it can cut $6,7 million without the Legislature’s approval. The Administration has an Attorney General’s opinion that approves its legal argument for doing so.

That doesn’t sit well with top lawmakers:

Legislators on the House and Senate’s Joint Fiscal Committee share the administration’s sense of urgency, but do not believe that the Shumlin administration has the legal authority to make most of the planned cuts. The Legislative Council, which advises lawmakers on legal matters, supports that position.

“The statute does not give them the authority to do this,” said Sen. Jane Kitchel, D-Caledonia, co-chair of the Joint Fiscal Committee.

I guess we can conclude that Governor Shumlin’s post-election period of listening and learning has come to an end. One seemingly obvious result of the razor-thin gubernatorial election was that Shumlin would need to repair relations with the legislature and act in a more cooperative manner.

Seems like a lesson unlearned there. And it’s not exactly a good portent for what’s going to be, at best, a contentious and difficult biennium.