Tag Archives: Act 143

Top Lawmakers Desperately Beg Other People to Let Them off the Hook

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Turns out, it was too much to expect that this bunch of uninterested dudes would bring themselves to make a tough call. Instead, they kicked the can down the road and begged other parties to, in the words of Our Lord and Savior, “let this chalice pass from me.”

The occasion was a Thursday meeting of the Legislative Committee on Administrative Rules, the House-Senate panel tasked with reviewing and approving how the executive branch implements legislation. The top agenda item was Act 143, the law that set in process a reform of Vermont’s emergency housing program — more specifically, how the Scott administration interpreted the law and put it into practice.

And in the end, LCAR punted. Committee chair Rep. Trevor Squirrell said no decision would be made for two weeks, and practically begged advocacy groups and administration officials to get together in the meantime and work out their differences. In other words, the panel doesn’t want to reject the Act 143 rules, but can’t possibly ignore all the objections to the rules and the chaos they have caused.

This, after the chairs of the relevant policy committees made clear that in most respects, the rules failed to comport with legislative intent. (Squirrell said that LCAR would “rely heavily on” the chairs’ views, and then proceeded to treat them like an inconvenient fly buzzing around his head.) This, after advocate after advocate testified — again — that the rules have been a disaster and ought to be rejected.

The lesson — again: Never underestimate the ability of a legislative committee to duck an unpleasant situation. Also, speaking as Your Political Observer, never underestimate the ability of Democratic leadership to squander a prime opportunity to confront the Scott administration on a point of vulnerability. Which also happens to have deepened Vermont’s moral failure to address its crisis of unsheltered homelessness.

I mean, how often does a political opportunity also happen to be the right thing to do? Yeah, it was too much for the likes of Rep. Squirrel and his fellows* on LCAR.

*Committee members include seven men and ONE woman. Hat tip to legislative leadership for that!

Another crucial dimension: This was a significant dispute between the two branches. By looking for a way out of the quandary, LCAR abandoned an apparent position of strength. There appears to be very firm ground for the argument that the intent of Act 143 has been flouted. It’s clear that Squirrell’s committee would prefer taking the nearest escape hatch over defending the Legislature’s authority.

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The Slow-Motion Train Wreck of Act 143 Continues Apace

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Our sadly diminished news media is all but ignoring the fact that (1) a humanitarian crisis and (2) a deeply consequential dispute between the Scott administration and the Legislature are both happening in the closing weeks of an election campaign. It’s been several weeks since this thing has gotten any coverage at all.

At issue is the administration’s implementation of Act 143, the bill designed to reform Vermont’s emergency housing system — making it more responsive to the needs of clients and less dependent on hotel/motel rooms. According to one of Act 143’s primary authors, House Human Services Committee chair Theresa Wood, the bill allowed a full year for implementation of a new system. Instead, the administration rushed it through and launched it on September 1. The result? Predictable chaos.

Last Friday, the two policy committees that shepherded Act 143 through the process (House Human Services, Senate Health & Welfare) held a joint hearing on the law’s implementation. (The video of the hearing can be viewed here.) The proceedings were dispiriting, to say the least. Witness after witness testified to the costs of a rushed implementation: new burdens on already overtaxed providers, local governments, and the health care system, massive confusion, bureaucratic waste, and an increase in unsheltered homelessness.

Aside from that, Mrs. Lincoln, how was the play?

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Scott Administration Policy on Sheltering the Homeless Hits a New Low

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The battle over Act 143 has taken place largely out of the public eye, due in large part to our media’s failure to cover a highly consequential dispute between the Scott administration and the Legislature. But it’s about to boil over in ways that should be unignorable by our Wise Heads in editorial offices.

That’s partly because two different legislative hearings on Act 143 implementation will be held in the next ten days. It’s also because the effects of administration policy are coming into focus, and they are truly disastrous. It is, in the words of a blogpost by the ACLU of Vermont, a “Crisis By Design.”

Or in the words of housing advocate Brenda Siegel, we are on a path toward “catastrophic outcomes like we never have before.” For those in the back thinking to themselves, “But isn’t Brenda Siegel a nagging bitch?” my response is, “Sure, and that’s what makes her so effective as an advocate for an unpopular cause.” She has served, very effectively, as the conscience of Vermont on an issue that Our Political Betters would prefer to ignore.

Siegel also calls the current situation “the worst thing I’ve ever seen,” and she has seen more bad shit in her years as a housing advocate than any of us should have to endure in a lifetime. Her words deserve to be taken seriously by all Vermonters with a soul. Which may or may not include Mr. Phil Scott.

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In Which the High and Mighty Look Down from the Clouds and Determine the Fate of Our Most Vulnerable

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Love the online access for legislative hearings where the audio quality is poor and the view so expansive that you can’t tell who’s talking. It’s even worse when a powerpoint presentation occupies 90% of the screen and all the little people are confined to a small corner.

But the optics seem appropriate when the subject is Vermont’s troubled emergency housing program, taken up briefly today by the Legislature’s Joint Fiscal Committee. (It was one item on a packed agenda, with a mere 30 minutes allocated for multiple witnesses.) There’s something ironically apropos about those remote figures in an ornate room discussing the state’s failure to provide adequate shelter for our neediest Vermonters.

But enough philosophizing. The subject at hand was how the Scott administration is implementing Act 143, the Legislature’s attempt to create a better emergency housing system. In the eyes of advocacy groups, the administration has taken a heavy-handed approach and fast-tracked a new system without much input from outside the boundaries of its own sphincter.

This process has triggered an impassioned response from advocacy groups and helping agencies, up to and potentially including legal action for what they see as the administration’s deliberate flouting of Act 143’s intent. A small next step took place today before JFC, with more hearings to come in the near future. (The Legislative Committee on Administrative Rules is expected to take up the new process on October 1, and there will be a joint hearing of he House Human Service and Senate Health & Welfare Committees on October 9.) Nothing was settled today, but the lines are drawn a bit more clearly now.

Not that that will help anyone caught in the chaos — planned or otherwise — of a situation that seems to have been easily avoidable except that the Scott administration has rarely acted in good faith when it comes to sheltering the homeless. The constant preoccupation is with cost and with making recipients prove they are worthy, instead of meeting a simple basic human need. Or, to put it another way, doing the right thing.

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What If They Held an Election and Nobody Covered It?

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I would not be so bold as to say that our news media are in the tank for Gov. Phil Scott. But their sadly reduced capacity has redounded to the governor’s benefit, over and over again. No one has the bandwidth and/or interest in covering state politics anymore. As a result, recent events that might be harmful to Scott’s popularity have gone completely unreported or, at best, substantially underreported.

Example #1: The legislative hearing that revealed the disastrous state of the administration’s biggest IT project, which includes the budget, human resources, and finance and accounting — a project that touches on everybody in state government and every dollar it spends. This project is so badly off the rails that no one can say how long it will take to fix, how much more it will cost, or even if it will ever come to fruition. That’s not coming from critics, but from top administration officials themselves. I cannot explain why this isn’t a big fat deal.

Example #2: Scott’s attempt to bigfoot the Democratic primary for Chittenden County State’s Attorney. He openly urged Republicans to take Democratic ballots and vote for challenger Bram Kranichfeld over incumbent Sarah Fair George. At best it’s an ethically questionable thing for a self-proclaimed non-politician to do.

Example #3: What the Scott administration has done to Act 143, the Legislature’s attempt to reform the emergency housing program. I’m preparing to write a full post about this. For now, I’ll just say that Scott signed it and immediately began subverting it. His administration has devised its own plan that certainly violates the spirit of Act 143 and probably the letter of the law as well. Carly Berlin, a reporter shared by VTDigger and Vermont Public, did post a story about this on September 1, but it didn’t explore the full extent of the administration’s skulduggery. Otherwise this sorry affair has gone pretty much uncovered. It ought to be a scandal.

Example #4: In late July, the University of New Hampshire Survey Center published a poll showing that one-half of Vermonters “have a positive overall view of socialism, while only about four in ten have a positive view of capitalism,” and “a plurality have a positive view of the Democratic Socialists of America (DSA).” (It also showed Donald Trump’s popularity at an all-time low of 22% in Vermont, bwahahaha.)

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