Contention from the floor

A couple weeks ago I noted a prospective resolution for tomorrow’s business session of the Maryland Republican Party’s Spring Convention, which begins tonight in Ocean City. While that Article V convention was a hot topic, this one is even more blazing – so much so that sponsor Joe Burns is forgoing the usual process and banking that he can introduce it from the floor. He adds:

I expect I will be attacked a variety of ways, and other tactics used to prevent any issues like this from being even (being) discussed!

Therefore, I will need your help and assistance, if we are to reign in and correct these problems, now! The next elections and upcoming redistricting issues are at stake! We need to fix this now!

I am taking responsibility for one of our County’s own members. There may be others you feel also deserve some form of action too. I will leave this to your own good judgments!

If we all work together, we can nip some of these problems now, and save the rest of the Party, possibly winning future elections, and fixing redistricting problems!

(Obviously, Joe is heavily into exclamation points.)

The gist of his resolution is a demand that MDGOP Second Vice-Chair Larry Helminiak be subjected to a “vote of no confidence” and upon the presumed positive result of that vote, step down immediately. Obviously that would make for a much less harmonious convention, but Burns apparently feels the whole situation of submitting one name originally, then being strong-armed into rescinding the original vote and submitting three names for a General Assembly vacancy (as opposed to the tradition of just one) put Carroll County in a bad light. As his resolution reads:

Whereas, through the actions of one significant member of the Maryland State Party, the 2nd Vice Chairman Larry Helminiak, as an elected Officer of the Party’s leadership, participated in actively preventing other members of his own Central Committee, blocking information from being passed between members, plus pressuring other County’s Central Committee members, to violate their Oath of Office, or the unencumbered exercise of their franchise, while fulfilling their duties as fellow elected officials, (Article IV, Section 4.1, Subsection b, Clauses (1), & (5) plus Article XII, Section 12.1, & Section 12.2) and,

Whereas, by stating at an open meeting, that all members of any County Central Committee, were not ‘elected officials, as they do not stand for election in a general election, but were therefore equal to and should be only considered as ‘being appointed to their seats’ thus degrading the status and the earned, recognized, legal position of each elected Committee members, and,

Whereas, by his specific actions, both internally on this Committee, and throughout the state, he has tried to remove the lawful control of the State Party from the Central Committee elected delegates, placing it into the hands of a limited number of Party officials, contrary to traditional government by ‘We the People’ under consent of those being governed as outlined in our Constitution, a situation of Party Leadership tyranny is being fostered and created, and by using the power of the Party treasury to fund lawsuits to the detriment of, and promotion of these changes, no individual Central Committee’s independence or sovereign existence is guaranteed, and,

Whereas, as there was no reasonable excuse for the State Party to be involved in this lawsuit or situation at all, spending State Party assets to do so, unless this were an attempt to destroy the Party’s Central Committee’s function and their existence through these actions, thus destroying the Party itself,

Therefore, I submit a resolution under the By-Laws were these actions should be considered as ‘Conduct Unbecoming for an Officer of the Party’, I hereby request and require that 2nd Vice Chairman Larry Helminiak be given a vote of ‘No Confidence’ by this Convention for his continuing in office, stepping down immediately as an officer of the Party, and an election for his replacement be accorded as outlined in the State Party By-Laws (Article V, Section 5.5, Subsection e, Clause (2) immediately during this gathering of this Spring Convention.

We go back to the question of whether the Carroll County GOP made the proper play. Thus far the courts have disagreed with Burns, but there is a legitimate question of why the state party had to be involved in the case at all, particularly to the tune of $37,000. On those occasions where previous governors have plucked a member out of the General Assembly for his cabinet, or the more usual death or resignation of a member of either party, the standard procedure was one name picked by the local Central Committee. Carroll County’s first choice wasn’t to Larry Hogan’s liking, so someone requested a do-over. That does seem rather disrespectful of the local officials, yet a majority was fine with that. (You better believe it wouldn’t have been a majority on ours.) Bear in mind that the provision of Article III, Section 13 of the Maryland Constitution does NOT provide for the governor’s rejection of the appointee.

Perhaps the most disappointing part of Burns’ accusation is the paragraph where he alleges Helminiak said members of the Central Committee were not elected officials. In the respects that we are not paid for holding office, need not fill out financial disclosures, and are elected in the primary election rather than the general, this is true; however, we do have to take an almost identical oath of office, have to fill out the campaign finance reports (which include having the bank account and selecting a campaign treasurer), and are given a set of responsibilities which include appointing various officials up to and including members of the General Assembly. I don’t know about Carroll County, but ours takes that responsibility seriously.

In 2010, the last time I was elected, 2,139 people said I was an elected official. I think that carries a little weight, don’t you?

I’ve known Larry for several years and to me he’s a stand-up guy. But there is a part of me who would at least support Burns’s resolution getting to the floor because the whole situation stinks to high heaven and I think Larry Helminiak (as well as the other Central Committee members attending the convention) should explain their actions and answer questions about how much influence was really exerted by the governor’s office.

If we are a party which truly stands for limited government and local control, we should make this an example of executive overreach from Annapolis. Just because the guy in Government House has a “R” behind his name doesn’t mean the party has to bow to his every wish.

The Article V question

Because the GOP is now the party in power in Maryland, the biannual conventions will have more cooperation and less acrimony. The Fall Convention (which I did not attend for the first time in eight years) was described as a “love fest,” so I suspect the spring edition coming up next weekend in Ocean City may be more of the same.

But there will be a couple interesting and controversial pieces of business brought before the body, with the resolution in support of an Article V Constitutional convention the one likely to draw the most spirited argument. Lee Havis of Prince George’s County is spearheading the proposal, which reads:

Resolution in Support of an Application by the State of Maryland for a Convention of the States under Article V of the Constitution of the United States

Whereas, the State of Maryland has a duty to protect and defend fundamental rights of life, liberty and equal protection of the laws of its citizens from abusive actions and repression of these rights by unrestrained government, and

Whereas, the current operation of the federal government imperils these basic rights through excessive centralized control and lack of sufficient accountability to restrain its actions to a proper interpretation of the Constitution of the United States, and

Whereas, Article V of the Constitution of the United States provides that the Congress, on the Application of Legislatures of two thirds of the several States, shall call a Convention for the purpose of proposing Amendments to this document, such as to restrain these actions and related abuses of power,

Be it therefore resolved by the Maryland Republican Party that:

The Maryland Republican Party supports the application by the State of Maryland for Congress to call an Article V convention of the states for the purpose of proposing amendments to the US Constitution to impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government and limit the terms of office for its officials and members of Congress.

On its face, the resolution makes good sense. Because Congress cannot (or will not) place a check on its appetites for spending, regulation, and lifetime tenure, it would have to fall to the people to demand such a change. But opponents argue that there would be no limit on where the convention could go, and fret that regressives on the Left would hijack such a convention to remove the Second Amendment and put onerous restrictions on others in the interest of “fairness” and “equality.” They further argue that the Left is ignoring the Constitution as it is, so why go through the effort.

To buttress the point of opponents, it should be noted that regressives in the Maryland General Assembly introduced their own Article V resolution (SJ2/HJ2), but in their case it was intended to preserve what they consider voting rights and overturn the Citizens United decision:

WHEREAS, The General Assembly of Maryland favors the proposal and ratification of a “Democracy Amendment” to the U.S. Constitution to affirm every citizen’s individual right to vote, reject the doctrine that artificial entities have inalienable political rights, regulate campaign contributions and electioneering expenditures, and restore free and fair elections in America, and desires the convention to be limited to that purpose…

The Senate bill passed the Education, Health, and Environmental Affairs Committee with a 7-4 vote, and it’s passed the Senate by a 29-18 vote. (I don’t have that roll call yet.)

It brings up an interesting legal question as to the specificity of the state’s request for an Article V convention: if Oklahoma passes a call for a convention to deal with the balanced budget amendment, limitation of powers, and term limits while Maryland passes its version, do both states count toward the 2/3 needed? In both instances, the idea is to limit the purpose of the Article V convention but as one opponent pointed out, the idea of the original constitutional convention was to repair the Articles of Confederation, not replace them – instead, we came up with a whole new document.

Regardless, a Washington Times story from yesterday by David Sherfinski highlights a new approach by proponents; in this case Virginia State Senator Richard Black is being targeted for defeat. (In Black’s case, though, it would have to come from an independent candidate as the deadline to contest the GOP primary has passed.)

Presumably Republicans would like to not have regressives like Maryland General Assembly Democrats tinker with the Constitution, yet two Republican Delegates (Susan Aumann and John Cluster) were co-sponsors of HJ2 and Senator Bryan Simonaire voted for SJ2 in committee. It’s possible that other Republicans may have voted for it in the Senate, but as I noted the roll call is not up yet. We have close to four years before the next election, but the proponents (led by Mark Meckler, one of the founders of the Tea Party Patriots) will likely have more than a few Republicans in Maryland to target.

If this state party resolution even makes it to the floor – a dicey prospect at best – I don’t think it will pass. I would tend to agree with the opponents because there’s nothing in Article V that places a restriction on what can be accomplished. I understand Congress isn’t working on the issues conservatives care about, but we run a great risk of losing what freedoms we have should an Article V convention be called.

Redefining marriage wasn’t enough. Now some in Maryland want to redefine birth.

By Cathy Keim and Michael Swartz

The twin byline is present because Cathy came to me with her thoughts on these bills, writing up a post quoting Delegate Parrott at some length along with some of her thoughts. I liked the direction of the piece, but thought I could add more and she was amenable to the changes. So here you go.

Recently Delegate Neil Parrott sent out a newsletter that had some information about two “shockingly bad bills” that are about to pass in the General Assembly. We had both heard from Robert Broadus with Protect Marriage Maryland about the first bill, but Delegate Parrott alerted us both to the second bill. Both have more or less passed under the radar in a session which has focused more on the budget, gubernatorial appointments, and environmental regulations.

In his message to constituents and other interested observers, Delegate Parrott stated:

Two shockingly-bad bills…are on their way to passing.

(snip)

HB 838/SB 416 is going to cause your health insurance rates to go up, when Maryland already has some of the highest health insurance premiums in the nation. This bill forces Maryland insurance companies to cover the cost of expensive In-Vitro Fertilization (IVF) treatments ($12,500 each time) for same-sex married couples.

Our high insurance costs in Maryland are primarily due to the great number of insurance mandate laws already in effect, and this new bill will simply make the problem worse. Governor Hogan and I both support leading Maryland towards more fiscally-responsible laws and policies, and the voters overwhelmingly agreed in the last election. However, the majority of Delegates and Senators still voted to create more complex and unnecessary insurance mandates in our flawed health system.

(snip)

Under current Maryland law, a husband and wife must donate their own sperm and egg to be eligible to receive insurance benefits for IVF treatments. If the couple requires a donation of an egg or sperm, IVF treatments would not be covered under current Maryland law. Under this new law, a same-sex couple would obviously need to get a sperm donor to have a child. This is a very unequal situation.

Same-sex couples have been allowed to adopt or have children, but many studies have been done that confirm that children born into a family with a mother and a father do the best in all measures – economic, social, educational, and emotional. Not only does this law create an unequal and less-stringent requirement for same-sex couples, but our insurance premiums will also be paying to have a child brought into the world to a situation where they will most likely be statistically worse off than other children. By passing this law, we are intentionally putting a child into a “family” where a father will knowingly be absent.

This sort of social engineering and fiscally-irresponsible law-making, solely for the pleasure of adults without any regard for the children that will grow up in these situations, is reprehensible. What homosexuals cannot do naturally, the General Assembly has now mandated must be provided by all insurance plans, creating a false sense of equality, with little to no regard for the children who will be negatively affected.

This leads to the concern of what could come next if this bill is passed. Will the General Assembly pass a mandate requiring insurance companies to cover the costs of hiring a surrogate to carry the child for male, same-sex marriages? (Emphasis in original.)

As Cathy wrote Sunday, our culture is under attack to redefine and destroy every institution that has sustained us as a nation since our founding. Marriage and our families are worth defending. The progressives only exist to tear down. We are the ones that believe in ideals that are true and good and have stood the test of time. When this country is a faint memory, the family will still exist. They may destroy our culture, but they cannot destroy truth. The family is the basic building block of society. Despite the malice and ridicule heaped upon the traditional family with a father, mother and children living and growing together in love, the family will still survive.

Delegate Parrott has made the case, as Cathy has before, that children do best when raised in a home with a married mother and father. Why should the state pay to circumvent this?

Senator Jim Mathias and Delegate Sheree Sample-Hughes both voted for this bill. When somebody says the Eastern Shore is conservative, just remember to check how Senator Mathias and Delegate Sample-Hughes vote.

The second bill that Delegate Parrott wrote about was HB862/SB743, which as Delegate Parrott notes:

…allows people to rewrite history. It would allow someone who gets a note from their doctor saying they are transitioning from male to female or from female to male to literally change the gender on their birth certificate. The new birth certificate would not even indicate that it has been “Amended,” as is the case when an individual decides to legally change their name. The change would not require that the individual has had a sex-change operation, but just relies on hormone therapy and how the person feels at the time. The change caused many of the legislators who work in law enforcement to question how they could even solve crimes given these false records. For example, suppose they are looking for the DNA of a male, but all they have is a female suspect.

Changing factual birth records without leaving a record of the change could have significant and harmful consequences for our society and is simply irresponsible policy.

Senator Mathias also voted for this bill as did Delegates Carl Anderton, Jr. and Sample-Hughes. Needless to say, we’re both disappointed with Delegate Anderton’s vote as he represents us in Annapolis. We would have expected this out of his predecessor, but Carl was supposed to be different.

At this point in time these bills are on their final step to passage, and it seems like the skids are being greased as the House versions of the Senate bills are passing without any amendments – this is important because no conference would be necessary.

Yet besides the many objections Delegate Parrott raised, both bills also raise a number of ethical questions about child rearing. Regardless of who has to pay for in vitro fertilization, there’s also the ongoing concern about the rights of the third party which needs to be involved with any same-sex attempt at creating progeny – either the surrogate mother for a gay couple or the sperm donor for the lesbian pair.

And much like the Hobby Lobby situation with abortifacient drugs, there’s a legitimate question of whether a religiously conscientious business should be forced to cover this procedure since it involves two partners of the same gender. It’s a situation which becomes quite complicated and I feel this is needlessly so.

As for the birth certificate bill, it would be more palatable if there was a notation of amendment. A law such as this may open the door to parents who are trying to raise a child as if it were the opposite gender (such as this recent case) to amend his or her birth certificate as a minor.

We believe that gender is not a mistake, nor was it an error that a person of each gender was required to create a new life. Even with in vitro fertilization, there’s no escaping the need for a male to do his part and a female to be the willing host for the embryo.

While there is an element of humanity in the selection of gender, I think I speak for Cathy when I say we believe that it was our Creator who made the ultimate decision as to whether we were male or female. Taking hormones, undergoing genital mutilation surgery, and identifying as someone of the opposite gender doesn’t change the fact one was born with the chromosomes and genitalia of a particular gender in all but a few extremely rare cases. It’s what the birth certificate should reflect.

However, it’s likely these bills will pass the General Assembly, so we call on Governor Hogan to use his veto pen on these ill-considered measures. And it’s all but certain these votes will be among those I use for the monoblogue Accountability Project later this spring.

Is the era of full employment over?

Simply put, March was not a good month for job creation around the country. Numbers were down markedly from previous months while, as the Americans for Limited Government advocacy group pointed out, the labor participation rate tied a 37-year low.

The news was even worse in the manufacturing sector, where it contracted by 1,000 jobs. While Scott Paul of the Alliance for American Manufacturing blamed the strong dollar, calling it “a big loser for factory jobs in the United States,” it’s only a piece of the puzzle.

Paul would favor a more interventionist solution, adding:

There’s plenty that could be done to turn this around. The Treasury should crack down on currency manipulators, the Federal Reserve shouldn’t act prematurely, USTR should be assertive about enforcing our trade laws, and Congress must address currency and trade enforcement in the context of new trade legislation.

Based on Barack Obama’s promise to create a million manufacturing jobs in his second term, he needs to add 628,000 in the next 21 months – a Herculean task for any president, and almost impossible for this one. Let’s consider a few facts:

First of all, the continued low price of both oil and natural gas has tempered the energy boom to some extent. According to Energy Information Administration data, the number of oil and natural gas rigs in operation last week was 1,048. In terms of oil operations, the number is down 45% from last year and for gas it’s down almost 27%. While gasoline in the low $2 range is good for the overall economy, oil prices need to be between $60 and $80 a barrel for operators to break even, and the benchmark price has held lately in the high $40s.

As I noted, low energy prices are good for some aspects of job creation, but the energy boom is on a bit of a hiatus and that affects manufacturing with regard to that infrastructure. Throw in the unfair competition we’re receiving when it comes to OCTG pipe and it doesn’t appear this will be the cure to what ails us as far as job creation goes.

More important, though, is the financial aspect. Our corporate tax structure is among the most punitive in the developed world, which leads to capital flowing offshore despite the “economic patriotism” appeals of our government to demand it come back. Once you have the opportunity to take advantage of other countries’ willingness to charge 20% or even 15% tax, why should you willingly pay a 35% rate? Their slice of the pie may be less, but they get a lot more pies this way.

And then we have the aspect of regulations, particularly when it comes to the financial restrictions that Dodd-Frank places on the lending industry and the environmental mandates an overzealous EPA is putting on industry – look at coal as an example. If we went back to the conditions of 2006 the environment would likely not suffer serious harm and companies would have a much easier time with their accounting. I haven’t even touched on Obamacare, either.

Not all of this is Obama’s fault, but the majority of these problems can be laid at his feet. Alas, we have 21 months left in his term so many of these things will not change despite the presence of a Republican Congress which will be blamed for any setbacks.

So the question becomes one of just how many employers in general, not just in manufacturing, will be able to weather this storm. Even the recent news that both Walmart and McDonalds will be increasing their wages brought out the cynics and doubters. But it’s worth pointing out that both Walmart and McDonalds have stated they wouldn’t oppose a minimum wage hike. Such a move makes sense for them because their bottom lines can more easily manage a modest wage hike for their employees and they know their local competitors can’t. Both also have the flexibility to adopt more automation where they used to have a row of low-wage employees. As an example, most of the local Walmarts adopted a number of self-serve checkout lanes over the last year or so. If you hire a dozen fewer cashiers it’s easier to give the others another dollar an hour.

Change is a constant in the labor market, and we know this. But there are some circumstances under which businesses thrive and others where they struggle, and history has gone long enough to suggest the broad outlines we should follow. It’s unfortunate that some want to blaze a new trail when we know where the correct path is.

Informally making it formal?

When you stop laughing, hear me out.

It’s only been two months since he left office, but I think we can all agree our somewhat esteemed former governor is all but an official announcement away from throwing his hat into the 2016 Presidential ring. And when you consider that Hillary Clinton is continually being tarred by scandal after scandal (Benghazi and her e-mail questions) and blunder after blunder (the Russian “reset” button and discussing the “fun deficit”), Martin O’Malley almost looks sane. Come on, what else do you have on the Democratic side – the gaffe-prone Joe Biden? “Fauxcahonotas” Elizabeth Warren? One-term Senator Jim Webb of Virginia is the one who has the exploratory committee going, but the far left considers him a “Reagan Democrat” who they can’t support.

So when you see the above photo on the O’Malley Facebook page (which is where I got it) you have to ask if the “taking on powerful and wealthy special interests” message is meant for Hillary? After all, look how much the Clintons’ foundation has raked in over the years. And his message today about the presidency “not (being) some crown to be passed between two families,” would resonate with a lot of people who believed the propaganda about how disastrous the George W. Bush tenure was and are already tired of the constant turmoil surrounding the Clinton family.

Perhaps Delegate Herb McMillan put this best, noting, “Raising taxes on the poor and middle classes 83 times isn’t the same as taking on powerful wealthy special interests.” But it’s more than that.

Obviously the laughter among many who read this website comes from knowing how rapidly O’Malley would genuflect to particular special interests when it suited his purposes. Environmentalists got a lot of goodies during MOM’s reign: California rules on emissions, punitive restrictions on development in rural areas (via the “tier maps”), an ill-advised and job-killing moratorium on fracking, and of course the “rain tax.” Illegal immigrants, too, had a friend in O’Malley, but productive taxpayers – not so much. He also decided to work on legalizing gay marriage only after his electoral coast was clear in the state – if he had tried to run for re-election on the issue he would have lost the black vote in 2010. (Remember, that was before Barack Obama’s flip-flop on the issue.)

Say what you will about Martin O’Malley, but he is the lone Democrat openly considering the race who has executive experience – on the other hand, there are a number of GOP candidates who can boast the same thing: in alphabetical order there’s Jeb Bush, Chris Christie, Mike Huckabee, Bobby Jindal, John Kasich, George Pataki, Rick Perry, and Scott Walker. Depending on who the GOP puts up, the “experience” tag could apply to the Democrat. We’re not saying the experience would be a good one, but it is what it is.

Don’t be too shocked if the O’Malley’s March national tour makes a lot of stops in Iowa and New Hampshire. It’s his way of pandering to the special interests he cherishes the most, and if people are fooled by this sudden bout of populism it’s their own fault. Don’t say you weren’t warned.

Update: At Front Line State Jim Jamitis echoes these sentiments, with a great headline to boot.

The noisy, tiny minority wins again

March 27, 2015 · Posted in All politics is local, Delmarva items, Maryland Politics, Politics, State of Conservatism · Comments Off 

It’s concession time in Annapolis: for another year, the will of Wicomico County voters will be thwarted by a group refusing to accept that the answer to the elected school board question should be decided by the voters, not a small group who’s worried that their power base may be threatened.

Today I received a press release from my Delegate, Carl Anderton, admitting the bill is defeated for the session. In it, Anderton noted that:

This delay affords us the opportunity to have an inclusive year-long dialogue about the issue. It will give everyone more time to weigh in and reassure anyone with concerns that next year’s bill is reflective of community input.

Yet if the “dialogue” is in the tone and tenor of the testimony offered by Jim Ireton, there’s no use in conducting the discussion. In fact, he said at the hearing, “I think the discussion should end now.” After all, according to Jim, an elected school board would “debilitate our public schools.”

And if there are public hearing with a number of proponents speaking, I’m sure Ireton would echo his charge about a “sparsely attended public hearing” attended by only proponents. It’s the “small band of supporters” who also gerrymandered the county, placed us under a “crippling revenue cap” and “refuses to be responsible.” These are all quotes from his testimony before the Senate Education, Health, and Environmental Affairs Committee. (He comes on at the 4:00 mark.)

Here is the dirty little secret Carl will eventually learn – there is no amount of dialogue which will satisfy them. For whatever reason, the appointed status quo satisfies their desire to have a malleable board that has generally been selected with the approval of the teachers’ union. Since the Democrats have occupied the governor’s office for much of the last forty years, the appointments were made with that interest group in mind. The only accountability was to the sponsors who backed them, and as long as a couple of those “yes-men” were from a minority group, all was peachy keen in their world.

To them, an elected school board is scary because accountability may be introduced. Again, consider what Ireton thought about the voters of the county which chose to install a revenue cap and would prefer an elected school board.

They are scared. But we’ll give them the public hearings, and for that I better damn well see Jim Mathias as a co-sponsor. I honestly think his not sponsoring the bill is what prevented it from going forward.

As the old Brooklyn Dodgers fans used to say, “wait ’til next year.” No more excuses.

WCRC meeting – March 2015

Those members who attended last night’s Wicomico County Republican Club meeting got a somewhat different perspective on the Annapolis political arena. Instead of hearing from one of our representatives – who were sort of busy at the moment, seeing that Monday nights are session nights in our state’s capital – we instead gained the perspective of Pat Schrawder, the district representative for Delegate Mary Beth Carozza, who brought “mostly good news from Annapolis.”

She explained that not all members of the General Assembly have a district representative, but given Mary Beth’s “frenetic” schedule as a member of the Appropriations Committee, she thought it was prudent to have someone back home. (Appropriations meets five days a week, according to Pat.) As it turned out, though, the Eastern Shore delegation “is running very well” in Schrawder’s opinion, in part because those on it represent all the key committees, and they have met with “most of” the large groups.

The good news was that the “chicken tax” and a “farmer’s bill of rights” had both been killed, and a “full-court press” was being placed on the Pinsky bill to instill the PMT regulations. (This may be a moot point, as Pinsky placed a hold on his regulations pending acceptance of a deal between stakeholders which would put a revised version in place.) Schrawder pointed out regulations are more flexible than legislation, which was an advantage for the agricultural community.

Pat also relayed that the Hogan budget, which was in balance as submitted, was still a better deal than the O’Malley budgets as most of the structural deficit had been eliminated.

And while Delegate Carozza was “working as hard, if not harder, than anyone else up there,” Pat added that Mary Beth was still interested in hearing from her constituents, and happy to receive the correspondence. Moreover, one goal they had was to have as strong a link to Wicomico County as they had to Worcester County.

Schrawder also announced that a legislative scholarship was available to a student in her district, with the application deadline coming up on April 15.

Turning to Central Committee news, we learned that our Lincoln Day Dinner would be put on hold until this fall as the preferred speaker, some governor named Larry Hogan, wasn’t going to be doing speaking engagements until then. We may need to change the venue because of this. Mark McIver also noted the upcoming state convention in Ocean City, encouraging those at the meeting to attend and see how a convention is run.

I also reminded the group that we had sent the names of prospective Wicomico County Board of Education applicants to the state.

Speaking on behalf of County Council, John Cannon noted that the “Evo bill” had passed the House of Delegates and Senate, although there was a minor difference between the two versions to work out. County Council was also watching the PMT regulations, the original version of which they opposed. Also, they had finished the Capital Improvement Plan and were now working on portions of the budget.

Cannon also commented that MACO (the Maryland Association of Counties) was “staying relatively conservative” with its actions this session.

John also explained some of the process behind the elected school board bill, conceding that “we rushed it through” but noting that the hybrid option was placed to appease the cries for “diversity” and to avoid the prospect of turning over the entire board in one election and eliminating all the institutional knowledge.

However, he believed the struggle to get this through the General Assembly would be “an uphill battle” because opponents wanted more public hearings. I made the case that the bill had the deck stacked against it early on when it received a late hearing date. If there needs to be a re-introduction next year it should be pre-filed as there was no one to do so this session.

At this point, the new officers were sworn in. Incoming president Shawn Jester said that “this club did more to make Wicomico County a Republican county” than anyone else and hoped the good work could continue.

That good work will be celebrated next on April 27, with a speaker to be announced.

Landlines, anyone?

March 23, 2015 · Posted in All politics is local, Cathy Keim, Delmarva items, Maryland Politics, Politics · Comments Off 

By Cathy Keim

Two or three weeks ago I was asked on a phone survey if I thought that landlines were still important or if I would prefer to allow the telecommunications companies to invest in newer technology rather than continuing with outdated landline maintenance. The question seemed deliberately skewed so I assumed that the phone company was behind the survey – but I did not get a clear answer when I asked.

I had two more phone calls about phone service that culminated today in a paid phone caller requesting that I call Senator Mathias and tell him that I wanted SB577 passed. I was not prepared to call Senator Mathias with so little information, so I decided to look the bill up and see what it was about. SB577 is the Public Utilities – Telecommunications Law – Modernization sponsored by Senator Catherine Pugh of Baltimore City and cross-filed with HB1166 sponsored by Delegate Dereck Davis of Prince George’s County. The summary states:

Providing that a telephone company is not required to file with the Public Service Commission a specified tariff schedule except under specified circumstances; limiting the type of services in which a telephone company may not establish a new rate under specified circumstances; allowing a telephone company to discontinue or abandon a specified service under specified circumstances; providing that a specified prior authorization is not required for specified transactions; etc.

Since the summary didn’t reveal much, I then called Senator Pugh’s office and spoke with a very friendly staffer. She said that the purpose of the bill was threefold.

  1. Currently telecommunication companies cannot discontinue a service or change their rates unless they ask the Public Service Commission (PSC) each time they wish to make a change. They pay a tariff to the PSC for this service. The new bill would remove this requirement.
  2. Change the franchising rules so that the current provisions do not apply to any transaction between a telephone company and another entity (that is not a gas company or an electric company) if a common parent entity directly or indirectly controls more than 50% of both the telephone company and the other entity.
  3. Change the securities rules so that the current provisions do not apply to any transaction between a telephone company and another entity (that is not a gas company or an electric company) if a common parent entity directly or indirectly controls more than 50% of both the telephone company and the other entity.

Since her boss, Senator Pugh, is sponsoring the bill, she had a very positive opinion of the legislation.

Next I called Senator Mathias’ office and spoke with his very pleasant staffer. She said that they had been getting several phone calls asking the senator to support SB 577, but that the callers did not seem to know anything about the bill. I suppose that they had received the same phone solicitation that I had received.

She had a much less positive view of the bill. She said that the bill would allow the telecommunications companies to abandon services, limit services, and establish new rates without authorization from the PSC. She indicated that the bill was still in committee, but if it made it to the floor, she doubted that Senator Mathias would support it in its current form.

For a more detailed comparison of the current law vs. the proposed law you can go to the Fiscal and Policy Note.

This statement in the Technology section made me wonder if this referred to the dropping of copper landlines in favor of the fiber optic system.

PSC or any other State unit or a unit of local government may not restrict, through an order, a regulation, a rule, a resolution, or an ordinance or in any other manner, a telephone company’s choices to use any otherwise lawful technology or facility to provide its services. A telephone company may satisfy its statutory and regulatory obligations through the use of any lawful technology or facility of its choosing.

Articles like “How Verizon lets its copper network decay to force phone customers onto fiber. Fiber is fast, but copper is reliable – even during multi-week power outages” paint an unflattering portrait of an evil corporation that is up to no good.

The lengthy article accuses Verizon of preferring the fiber optic system because it is cheaper to maintain, but it cannot be used without electricity so it is worthless in a power outage of a week or two like those that happen due to hurricanes. The cell phones are also worthless if the cell towers are down or out of power.

This brings us back to the argument for government regulation of utilities because we are dependent upon the utilities for society to function. Our dependency on electricity, gas, and communication systems is increasing each year. Most people no longer have the ability to survive for long without electricity. We no longer have backup systems like a fireplace for heat or if we do, the large woodpile to get us through a major power outage. Without electricity you cannot pump gas at the gas station. Food doesn’t get delivered to the stores. Without electricity your phone doesn’t work unless you have an old fashioned landline.

Public Knowledge, a consumer advocacy group. posted a letter to the Senate Finance Committee that concluded:

Maryland’s communications networks allow its citizens to conduct business, contact loved ones, and call for help in emergency situations. These services are too vital to the economic and social health of the state to prohibit the Maryland Public Service Commission from acting to protect consumers, especially in the face of impending technological and political changes. As Maryland legislators continue to deliberate on the future of its networks, Public Interest Advocates urge the Senate Finance Committee to ensure Maryland’s communications networks serve five core values: service to all, consumer protection, network reliability, competition and interconnection, and public safety. These values have served our phone network well for decades and have created one of the most successful communications platforms in the world. Maryland must continue to defend these values and resist ill-advised deregulatory pressures to ensure that the phone network continues to be a network that Maryland residents can rely on.

From what I can tell about SB577, I would say that it is poorly written and its passage would result in a lot of confusion. I am for limited government and concerned with the excess of government regulations that make it difficult for companies to innovate. However, the potential impact on our citizenry for their defense and public safety makes me place this discussion in the “needs to be under the government oversight” category for now, particularly since this is being discussed at the state level, which is exactly where this discussion belongs.

An open letter to opponents of an elected Board of Education for Wicomico County

March 19, 2015 · Posted in All politics is local, Delmarva items, Education, Maryland Politics, Politics · Comments Off 

It was enlightening to see the main points you brought up in testimony regarding our county’s expressed desire to convert from a fully-appointed Board of Education to a “hybrid” elected and appointed body. In reading the summary presented by Phil Davis in the Daily Times, I seized upon several arguments made against the concept and I’d like to address them here.

The first was the financial argument presented by Senator Montgomery in her line of questioning. Indeed, the county receives a large amount of money from the state for its Board of Education, in part because it’s one of those eight counties (plus Baltimore City) which has “less than 80 percent of the statewide average wealth per pupil” and also has a disproportionate share of those students who must learn English as a second language. Senator Eckardt brought up the difficult economic times the region has seen over the last several years, but that’s not necessarily the correct argument to counter this point.

Rather, one must examine the root of all government money: the taxpayer. Perhaps Senator Montgomery, being from a county chock full of those who work for the federal government, is assuming that everyone has the means and willingness to give government whatever it wants. Instead, we as concerned Wicomico County residents come from that seemingly quaint and disappearing class of people who actually demand accountability for the taxpayer dollars we provide. While the financial books may show that the majority of our school funding comes from the state, it’s worth making the point that we taxpayers are the ones providing the money. Because all state money comes from the labor and toil provided by those who pay taxes at some level, including to the federal government, it follows that we want to keep a relatively close eye on it.

As for the question of community input, it’s worth reminding Mayor Ireton, Mrs. Ashanti, and other opponents that this is not the first time the subject of an elected Board of Education has come up. It’s been a topic of discussion for decades, and the previous edition of County Council resolved to ask Annapolis for a simple straw ballot to determine interest in further legislation only to be thwarted by opponents who charged that the system as proposed did not properly address the concerns of the minority community. To me, that’s a tacit admission that the community interest was there but as proposed an elected Board of Education did not meet with the political desires of the opponents, who generally subscribed to the philosophy of the party holding the governor’s office at the time.

And elections do matter. While the main issues of last fall’s election were the sentiment that the state and local economy was not improving at a satisfactory pace, and that government overall was not being careful with the increasing amount of money they were taking out of our pockets, there was an underlying sentiment that our educational system also needed improvement and accountability. Thus, two key opponents of an elected Board of Education were voted out of office and two proponents were voted in.

Yet the new county government listened to one key demand of the opponents and compromised. Personally, I was not happy that the fully-elected Board of Education was replaced by a version with two appointed members and five elected – our version of a “hybrid” model counties who have recently shifted from a fully appointed board have used – but I understand the politics behind the move, and that time was of the essence to bring the proposal before the current session of the General Assembly. Yet my suspicion is that the opponents know what the public input will be, and that’s a resounding approval of this proposal when placed before the voters.

Next is the interesting point brought up by Mr. Johnson of the WCEA regarding the County Executive’s influence on the board and the school’s budget. It’s interesting because he’s fretting over two members of a seven-member board, members who will have no greater voting power than any other member. If the two members appointed by the County Executive disagree with the position of the other five elected members, their opposition will simply amount to the losing end of a 5-2 vote if they can’t convince the other members to adopt their viewpoint.

But I want to conclude with the sentiment expressed by Mayor Ireton and Mrs. Ashanti that, “it was a select few who made the call for an elected school board.” My argument is that it’s a select few who participate in the process now.

For eight years I was a voting member of the Wicomico County Republican Central Committee. As such, one of our tasks was to assist in the appointment of the three Republican members of the Board of Education (at the time; with the election of Governor Hogan the GOP ranks were allowed to expand to four.) Presumably the Democratic Central Committee does the same with their appointees, although I confess that I have a lack of knowledge about their process as I can speak to ours.

Yet despite our vetting of candidates, more often than not the appointee would be determined by the input of others who had interests that were more political in nature. The final say actually comes down to one person: the state’s Secretary of Appointments, who in turn is appointed by the governor. In the case of the most recent previous governor, he was elected despite our county’s support for his opponent. Where was our public input then?

Over the last two weeks, the Republican Central Committee dutifully interviewed prospective members and submitted names to the Secretary of Appointments to fill two vacancies on the Wicomico County Board of Education. We submitted the names of all those who interviewed, expressing only our order of preference, in a process agreed on by the Central Committee.

But because some members of the body aspired to be on the Board of Education and another was absent from the final meeting, it was a bare quorum of five members who decided the order of preference. Five people submitted names to one person to make this decision, and yet this is considered superior to a process where thousands of people would be able to decide those they would like to place in charge of millions of taxpayer dollars?

In November, we elected a County Council and County Executive who will be charged with an annual operating budget of roughly $130 million. Yet the appointed Board of Education is submitting an overall budget for FY2016 in excess of $190 million, of which they are asking the county for $39 million. Once again, let me reiterate that a small group of perhaps fewer than two dozen people at the local and state level had input on who was chosen to oversee that Board of Education budget, a budget nearly 50 percent larger than the county’s operating budget as a whole.

When it comes to maximizing accountability and local control, the verdict is simple: an elected school board – even in this “hybrid” form – is the proper way to proceed. Opponents who wish to maintain the status quo are hiding behind a series of smokescreens to obscure their real issue: the loss of their political influence over who gets to operate Wicomico County’s school system.

O’Malley PMT regs pass legislative hurdle

An amended version of the O’Malley Phosphorus Management Tool regulations passed the Senate Education, Health, and Environmental Affairs Committee on a 7-4 party line vote, setting it up for review by the full Senate at an unspecified future date.

You may recall that one of Larry Hogan’s first actions as governor was to unceremoniously yank the PMT regulations hours before the deadline for publication in the Maryland Register, only to come back a few weeks later with retooled regulations of his own. However, those regulations weren’t good enough for environmental groups and they’re supporting the original version as it winds its way through the General Assembly.

So while Hogan’s Agriculture Phosphorus Initiative regulations have been proposed (but not yet placed in the Maryland Register), the Democratic counterpart has moved a step closer to passage. It’s worth noting that the Senate is still 33-14 Democrat, so even if the one Democrat representing an agricultural area (Jim Mathias) breaks with his party it’s still likely to pass with a vetoproof Senate majority.

One change from the last election is the wipeout of most of the moderate, centrist Democrats in the General Assembly to be replaced by conservative Republicans. This will be key if the O’Malley PMT regulations make it through the process, as it’s likely Governor Hogan would veto them. With 50 House Republicans, the chances of a veto override in the House are much slimmer as only a handful of Democrats need to back Hogan and the GOP to sustain the veto. With seven more Republicans in that body, presumably they’re more reliable administration supporters than the Democrats they replaced.

Yet this uncertainty places a number of farmers, particularly on the Lower Shore, in a sort of administrative limbo as they can’t predict how the 2015 growing season will shake out as far as the usage of manure on their fields. We’re only a few short weeks away from planting for many farmers who don’t have winter wheat in their fields. Lower Shore farmers are especially affected because about 1 in 5 would face an immediate ban on applying manure to their fields under the Hogan regulations. (Many have already started, though, as the first of March brought the end of the state’s winter prohibition on the practice.)

Of course the agricultural community, forced to pick its poison, would prefer the Agriculture Phosphorus Initiative to the bill going through the General Assembly. (One important caveat, though: SB257 was passed “with amendment” but the amendments weren’t available as I wrote this.) But the General Assembly bill would take precedence over any regulations Hogan writes, so it wouldn’t be surprising to hear that April 14 can’t come quickly enough for that community.

The law of unintended consequences strikes again

One hopes this will be a cruel April Fools’ joke, but for many on the Eastern Shore it may only be a cruel reality.

Delegate Christopher Adams shared the bad news:

United Health Care has decided to dramatically narrow their network of pharmacies on the Eastern Shore effective April 1st. This new decision will cause residents to drive upwards of 30 miles to get a prescription filled and be the end of the local pharmacy.

It appears that this is another one of those “hidden” consequences of OBAMACARE and Gov. O’Malley’s decision to make Maryland first with implementing OBAMACARE.

Nevertheless, driving 30 miles to get a prescription filled by one of the State’s “favored” pharmacists is wholly unacceptable. I am meeting with United Health Care tomorrow in a first step to ultimately reverse or greatly modify this decision.

According to a source in the know, the Maryland Department of Health and Mental Hygiene sets the criteria for considering a patient to be “covered” and it depends on their location, stating,”as long as pharmacies are within 10 miles in urban, 20 miles in suburban and 30 miles of patients in rural communities the standards for access to care are met.” So if you are in a town like Crisfield, where the nearest “chain” drugstore is the Rite Aid in Princess Anne or Pocomoke City – each about 20 miles away – you are “covered” but it’s not nearly as convenient as a local independent pharmacy. On the Lower Shore stores of the big three chains (CVS, Rite Aid, and Walgreens) are only found in Berlin, Cambridge, Delmar, Ocean City, Pocomoke City, Princess Anne, and Salisbury. It leaves large coverage gaps in rural areas which may have a pharmacy no longer used for the Medicare programs.

Obviously United Healthcare can choose whoever they want to be in their networks. But the problem with the health care system we are slowly, surely, and not necessarily willingly adopting is that cost is the primary consideration, not patient care. It’s been true ever since we’ve had a third party paying for our medical expenses, but it wasn’t so long ago that we had many more options for our care. Those days are now over as some former providers have left the state, leaving us with fewer from which to choose.

What Adams points out is that Martin O’Malley’s decision to jump right ahead with a fairly restrictive state exchange is now making life more difficult for the people it was supposed to help. Obviously there’s a lot of recovery needed on a national scale just to get back to a system which most were satisfied with, even though some chose not to participate by not purchasing health insurance and some could not afford it. Now while everyone is supposed to have health insurance (or pay a tax penalty) we find that care is even more expensive and difficult to obtain.

Chris isn’t going to get a lot of answers, I’m afraid, because it appears the die has been cast. And as a state legislator his impact on the national argument is small. But even if some of the independent pharmacies in under-served areas are added back in, it would be a step in the right direction. There may be a chain drugstore on every corner in Salisbury, but some of the smaller towns still cling to their local drugstore because it’s a sufficient size to cover the small market of a little village.

Thirty miles is a long way to go to get a prescription. That may be necessary for a need late at night or on a weekend, but for most refills and common items it shouldn’t be a requirement.

Will Maryland join a Convention of States or an Article V Convention?

By Cathy Keim

The push for an Article V Convention is growing nationwide, and it is coming from both sides of the political spectrum. The citizens are aware that they are not being heard and they are looking for ways to correct this.

An Article V Convention or Convention of the States is one of two ways to amend the Constitution of the United States. In case you’ve forgotten, here is Article V:

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, (emphasis added) or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate

All previous amendments have been through Congress. However, the Convention of States method has been utilized to put pressure on Congress to act. For example, the states wanted to have direct election of their senators but Congress would not oblige – so the states began the process of calling for a convention of states. Once they got within one state of achieving the two thirds needed, Congress acted rather than losing its prerogative. (This led to the Seventeenth Amendment.)

Maryland has legislation under consideration now which states:

Applying to the U.S. Congress for an amendments convention called under Article V of the U.S. Constitution, on the application of the legislatures of two-thirds of the several states, to propose an amendment to the U.S. Constitution that affirms every citizen’s freedom to vote and restores free and fair elections in America.

This bill is filed as HJ2 by Delegate Sheila Hixson and is cross-filed with SJ2 by Senator Paul Pinsky. It was introduced last session also, but did not come to the floor for a vote. (Editor’s note: The Senate version from 2014, however, passed committee 9-2 with all three Republicans on the Education, Health, and Environmental Affairs Committee voting yes.)

Reading the bill summary left me perplexed. Who thinks we need an amendment to restore free and fair elections? My mind thought of voter fraud, but who would want to amend the Constitution to fix that issue? After some phone calls to Delegate Hixson and Senator Pinsky’s offices, though, the confusion was cleared up.

This bill is the result of the work of Get Money Out of Maryland (GMOM) and its allies. They claim to be bipartisan, but the groups in the allies list lean distinctly progressive.

The bills have a total of sixty-nine sponsors of which two are Republicans, so I suppose that makes it bipartisan.

GMOM states:

The Citizens United v FEC decision by the Supreme Court opened the floodgates for unlimited campaign expenditures in elections, which corporations and the extremely wealthy have used with devastating impact in the last few elections. This misguided decision reversed decades of campaign finance regulation at the state and federal level, turning our public elections into private auctions. With regard to voting rights, Supreme Court justices in the Bush v Gore decision declared that there is no individual right to vote in the Constitution and in its aftermath, there has been a concerted attack upon the right to vote across the country. These legal travesties require remedy if we are going to preserve representative democracy and create a more perfect union. (Emphasis in original.)

According to Senator Pinsky’s spokesman, the principal point of this amendment is that there is too much money in politics since the Supreme Court ruling in the Citizens United case opened the floodgates. GMOM wants the Citizens United ruling reversed so the only option is to exert pressure on Congress via an Article V Convention to amend the Constitution. Their expectation is that Congress will act if the states approach the two-thirds approval level as happened with the direct election of senators.

GMOM states that Vermont, California, Illinois, and New Jersey have already passed the “Democracy” amendment and several other states, such as Maryland, are considering the bill now.

Working from the opposite side of the political spectrum is the group Citizens for Self-Governance which states:

Citizens concerned for the future of their country, under a federal government that’s increasingly bloated, corrupt, reckless and invasive, have a constitutional option. We can call a Convention of States to return the country to its original vision of a limited federal government that is of, by and for the people.

They also add:

Rather than calling a convention for a specific amendment, Citizens for Self-Governance (CSG) has launched the Convention of the States Project to urge state legislatures to properly use Article V to call a convention for a particular subject—reducing the power of Washington, D.C. It is important to note that a convention for an individual amendment (e.g. a Balanced Budget Amendment) would be limited to that single idea. Requiring a balanced budget is a great idea that CSG fully supports. Congress, however, could comply with a Balanced Budget Amendment by simply raising taxes. We need spending restraints as well. We need restraints on taxation. We need prohibitions against improper federal regulation. We need to stop unfunded mandates.

Both sides of the debate assure their followers that the Article V Convention cannot spiral out of control and rewrite the entire Constitution once they convene. Their main defense against this is that any amendment that comes out of the convention still has to be approved by three quarters of the states, thus giving ample room for rogue amendments to be stopped.

You may want to keep an eye on how Maryland’s effort plays out this legislative session – although from the progressive side, it still illustrates the discontent that is growing as citizens realize that their overlords in DC are not listening to them. It is striking (and terrifying) that the progressives feel that President Obama is not doing enough to reach their goals, while the conservatives feel attacked and denigrated by their weak and ineffective leadership under Speaker Boehner and Senate Leader McConnell.

Perhaps the only people happy with the current system are the politicians that are in power and the wealthy elites and crony capitalists that consort with and fund their campaigns. Outside that narrow group, there is a battle brewing.

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