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.

The state budget shell game

By Cathy Keim

Governor Hogan was elected because voters had had enough of the O’Malley spending spree. Before Hogan was sworn in, the budget shortfall of $1.2 billion over the next eighteen months was already public knowledge. Everybody knew that cuts were coming; only the particulars were uncertain.

Because Maryland has a strong executive branch, the General Assembly can only cut the budget or move money around. It cannot increase spending. The House is squandering many hours debating how to find the money to undo cuts that Hogan made, particularly to schools and the state employees’ COLAs.

Last July, Martin O’Malley gave the state employees a cost of living increase of 2% despite knowing that the budget was not in good shape. I would like to point out that employees in the private sector are not seeing cost of living increases. Why the state employees deserve a taxpayer-funded pay increase when the taxpayers are not getting their salaries increased is hard to justify. Governor Hogan rescinded that increase in his budget because the state did not have the funds to support it.

He also declined to fund the schools to the level they desired. Yet his budget gave a 1.3% increase to education over last year’s budget, so it is hard to make the case that he cut the budget drastically. One might have expected a 0% increase when we are facing a $1.2 billion deficit in the upcoming months. That sort of deficit on a smaller scale is what causes taxpayers to choose ground beef over steak. But then we have to actually balance our checkbooks rather than use creative accounting to get the job done.

Let’s take a moment for some background information. Despite our budget shortfall, Moody’s just gave Maryland an AAA rating once again.

Why is this AAA Bond rating so important? “Retention of the AAA ratings affirms the strength and stability of Maryland bonds during difficult and volatile times,” said state Treasurer Nancy Kopp. “This achievement allows us to continue to invest in our communities’ schools, libraries, and hospitals while saving taxpayers millions of dollars thanks to the lower interest rates that follow from these ratings.” (Emphasis mine.)

Maryland is one of only 10 states that has the AAA bond rating from all three firms that assign ratings, Moody’s Investors, Standard and Poor’s, and Fitch Ratings. Moody’s included the following warning when assigning the AAA rating:

WHAT COULD MAKE THE RATING GO DOWN

  • Economic and financial deterioration that results in deficits and continued draw downs of reserves without a plan for near-term replenishment
  • Failure to adhere to the state’s tradition of conservative fiscal management, including failure to take actions to reverse its negative fund balance
  • A state economy that does not rebound in tandem with the rest of the country
  • Failure to adhere to plans to address low pension funded ratios (emphasis mine)
  • Downgrade of the US government

Why does Maryland have low pension funded ratios? Because all that pension money just waiting there for the retired employees is too tempting for the politicians. They have dipped into the fund before. In 2011 as a corrective measure, Martin O’Malley reached an agreement with state employees that if they would increase their contributions to the retirement fund from 2% to 7%, then the state would put in $300 million annually to fund the pensions at an 80% level by 2023. That would still leave the pension fund $20 billion short, but that would be an improvement. The state employees have been putting in their extra 5%, but the state has not been putting in the entire $300 million. They find other ways to spend that money.

Now we are finished with the history and back to the present. The House debated for hours yesterday whether to fund the pension plan with the full $300 million or to take a portion of the money to continue the 2% increase in state employee’s wages and increase school funding. As I write, it is uncertain how the issue will be determined and whatever the House decides will still have to be reconciled with what the Senate produces.

Politicians seem to prefer to pay their supporters now and to let the future take care of itself since they will probably not still be in office when that bill comes due. It is a pleasing shell game. The politicians appropriate raises and perks for their constituents who then pay union dues, and then the unions donate money to the politicians –  lather, rinse, repeat.

According to the Washington Post, those public servants/union members might want to take note that:

In an effort to block relatively modest budget cuts proposed by Mr. Hogan, mainly to schools and public employees’ wages, Democratic lawmakers in Annapolis are pushing a plan to revamp the formula for scheduled contributions. According to Comptroller Peter Franchot, one of the few prominent Democrats who opposes the scheme, it would shift $2 billion into the general budget over the next decade, then cost the state $4.5 billion in the following dozen years — meaning Maryland would face a net $2.5 billion in additional costs over time in order to keep its pension promises.

Additionally, even if the state did put all the funds into the pension plan that they promised, the pension fund would still be underfunded by $20 billion in 2023. Since over 382,000 current and former employees are covered in this plan, it would seem to be a rather important item for the state to fully fund the pension program.

So our esteemed politicians in Annapolis are willing to risk our credit rating which could lead to increased interest payments when borrowing funds, underfund the pension program that thousands depend on, and incur $2.5 billion in additional costs to finally keep its pension promises, just so that they can override Governor Hogan’s budget.

While that may be a winning hand for the politicians, their constituents that get the 2% cost of living increase, and the unions, it is not a winner for the taxpayers.

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 steep learning curve

Over the last few months I’ve given a little bit of attention to the campaign Ben Carson is running for President. He was one of the earliest informal entrants, in part because of a grassroots campaign that began after he spoke at the National Prayer Breakfast in 2013.

But his cause has been sidetracked by something he said on CNN the day after he announced his exploratory committee. It was in regard to same-sex marriage, which Carson opposes, but what came out of his mouth had to make all but the most ardent Carson supporters cringe. I wrote about the original comments in the Patriot Post last week. In that article I predicted that Ben’s vow to drop the issue wouldn’t last long; sure enough, he took to social media to again revise and extend his remarks.

Being a political neophyte, he doesn’t know that this will now be his defining issue, and that’s a shame. Odds are, though, that not only will this question dog Carson through the remainder of his campaign – however far it goes – but it will become a hot topic at any and all GOP presidential primary debates. As I point out at the Patriot Post, you won’t catch them asking Joe Biden or Hillary Clinton about the poorly-performing inner-city schools or any of a number of other failures of the present administration, but any time they can set up a social issue “gotcha” question they will take the opportunity. Consider how Maryland Democrats tried to trap Larry Hogan on social issues in the 2014 gubernatorial campaign – Hogan eluded their efforts and won.

What’s funny about all this is that, for the most part, I agree with Carson’s stance on the gay marriage issue. Civil unions are just fine with me, but when you co-opt the term “marriage” that becomes a problem. I still define marriage as between a man and woman, but insofar as the legalities of being “married” I think civil unions can easily be made equal. Yes, it should be a state issue, but the problem is that most states have been browbeaten into accepting gay marriage by the courts and not necessarily a groundswell of support – look how close the General Assembly vote in Maryland was and ask yourself if there was broad, overwhelming support for the issue. It took a politically motivated change of heart from Barack Obama and presidential election turnout to push the issue over the top – had the referendum been on the 2014 ballot it may well have repealed the law.

Yet we went through all that to pass a law which has affected fewer than 30,000 people based on this assumption:

The 23% increase in the number of marriages between 2012 and 2013 (to 40,456) is thought to be largely attributed to the legalization of same-sex marriages that went into effect on January 1, 2013 in Maryland.

Using my public school math, that’s about 8,000 same-sex marriages performed in 2013, with likely a somewhat smaller figure in 2014 as the most dedicated couples probably tied the knot right away. How many would have gone the civil union route if it were available?

Here’s the problem as I see it, with Maryland a significant microcosm of the nation as a whole. It’s been said by John Adams that:

Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.

While it is the Creator’s job to judge and not mine, I think I have a pretty keen sense of the obvious that we are in a society full of “human passions unbridled by morality and religion.” More recently, the late Senator Daniel Patrick Moynihan coined a term for this decline: “defining deviancy down.” In either case, the question about whether we are indeed “a moral and religious people” is getting more and more open by the day when you consider that, at the time Moynihan wrote his piece, the question of gay marriage wouldn’t have come up because it was such a fringe concept. (That was barely two decades ago, by the way.)

But the genie is out of the bottle now, and standing for a Biblical-based morality on many subjects is considered out of step to opinion leaders in the press. Those who appeal to values voters should expect the same sort of trap questions as they continue on with their campaigns.

Local Democrats make big claims to receive handouts

Fresh off a shellacking where their statewide standard-bearer had his doors blown off locally by 30 points and only two of their eleven state race contenders won - one by just 30 votes locally and the other in an ostensibly non-partisan race – the Wicomico County Democratic Party finds itself in somewhat desperate financial straits. So in order to raise a little money, the party is making some claims which have to be seen to be believed – and I’m going to show you.

Let’s go through this a little bit at a time, shall we?

Maryland voters decided to “Change Maryland” last November, with the election of Larry Hogan as Governor. However, with only a month in office, Hogan is already proving himself to be just another Tea party Republican.

Perhaps the idea was to indeed elect a TEA Party Republican, rather than four more years of the O’Malley/Brown debacle? We certainly were due for a change.

And as far as the TEA Party goes, it’s worth recalling that TEA is actually an acronym that stands for “Taxed Enough Already.” We heard for three-plus years about all the tax increases put in place by the O’Malley/Brown administration so people naturally decided enough was enough.

But they continue:

Here are just a few of his first actions:

  • Slashing education funding – $1.9 Million from Wicomico County alone
  • Recklessly raiding over $2.5 Billion from our Transportation funding
  • Eliminating programs that help to keep the Bay clean

Apparently I’m supposed to take their word about these so-called cuts, since there’s no context or backup information provided.

I will not profess to be an expert on the state budget; however, I did look under public education and on all three line items I found for Wicomico County:

  • “compensatory education funds to local school systems based on Free and Reduced Priced Meal Eligibility counts” goes from $37,322,878 actual in 2014 to $38,615,082 for 2015 estimated – an increase of $1,292,204.
  • “additional support for students with limited English proficiency” goes from $3,092,879 actual in 2014 to $3,407,287 for 2015 estimated – an increase of $314,408.
  • the automatic supplement to counties “which have less than 80 percent of the statewide average wealth per pupil” goes from $3,670,117 actual in 2014 to $4,579,323 for 2015 estimated – an increase of $909,206.

By my count that’s an increase of $2,515,818. It appears the Hogan administration is well taking care of those things it needs to, prioritizing at a time when the state had to address a $750 million structural deficit.

I still haven’t figured out where the $2.5 billion “raid” to transportation funding is – the repeal of the automatic gas tax increase would save consumers nearly $1.56 billion over the next five fiscal years. We know Democrats own tax increases, so perhaps they bemoan that “lost” revenue to the state.

As for the elimination of programs for the Bay, I’d like to know precisely what they are referring to. They’re getting the PMT regulations so they should be happy.

Anyway, let’s continue.

And the story is the same in Wicomico County where Larry Hogan’s Tea Party partner, Bob Culver, is becoming the anti-education County Executive by refusing to fund a new building to replace the clearly antiquated West Salisbury Elementary School and scraping (sic) completion of the Bennett High School athletic complex.

Obviously the WCDCC has little concept of debt service. It would be one thing if the county could reach into its pocket and fish out $40 million for a new elementary school but the idea of pulling out the county’s credit card to put yet another multi-million dollar expenditure on it doesn’t appeal to the new County Executive. Just like they did in electing Larry Hogan, county voters wanted a change in direction from the former administration.

Instead, the county will improve the school in the areas where the need is greatest, with the list compiled through a consultation with experts and school officials. It may not be the “new” West Salisbury Elementary, but it will be an improved one. Perhaps that approach would have saved the county a lot of money with the former Bennett High School.

As for the Bennett Middle situation, completion of the athletic fields would not be “scrapped” (as the letter should have said) but simply placed in a different area of the site. The former Bennett Middle would be repurposed for office space, allowing the opportunity for the county to consolidate some of its operations. The change still needs the approval of County Council.

Picking back up, with the sad trumpet appeal for funding:

This isn’t the change I voted for in November, and I know you didn’t vote for this, either. We need your help to fight back. We cannot elect more Democrats in 2018 without your support over the next four years. Every dollar you donate to the Wicomico Democratic Central Committee goes to funding our efforts to recruit and help good local candidates.

Most importantly, your donation goes to helping us communicate our party’s values to the voters… personal responsibility, educating all of our children, cleaning up the Bay, protecting our agricultural community, equality for ALL, supporting local businesses, and protecting the Middle Class… and we need your support!

Actually, I did vote for some of this change. Unfortunately, I couldn’t change enough members of the General Assembly to make the total difference that’s needed – although my personal representation in the House of Delegates got a whole lot better.

But if the WCDCC wants to elect more Democrats in 2018, those Democrats can’t be in the tax-and-spend, socially liberal mode. Not in this county.

And after reading that Democrat screed, I realized it’s really conservatives who advocate for all those things the Democrats claim to stand for. That’s not to say a Democrat can’t be conservative but they are fewer and further between, even in this area.

So how would I, as a conservative, respond to their letter? I’ll go through what they claim to represent.

We believe that personal responsibility begins with keeping more of the money you earn by taking advantage of the opportunities a capitalist system creates.

We believe that money should follow the child so you can choose the best educational opportunity for your children, whether in public or private school or through a homeschooling regimen.

We believe in cleaning up the Bay through a balanced approach, beginning by addressing a proven detriment in Conowingo Dam and not punishing farmers who have been trying their best to address the issue.

We believe in protecting the agricultural community by allowing farmers the option to do as they wish with their land, not arbitrarily shutting off development options to them.

We believe in equality for all, not discriminating for or against anyone. But we also know our nation was founded on Judeo-Christian values which have stood the test of time.

We support local businesses by allowing them more freedom to do what’s productive and less time to have to deal with governmental edict and regulation. Small businesses are the backbone of our economy, and we want to encourage them to grow and prosper for the community’s sake, not as a cash cow.

We want to protect and grow the middle class – not at the expense of the upper classes, but by allowing the conditions where those on lower rungs of the economic ladder can climb their way up through hard work and ingenuity.

The jury is still out on this, but I think all the Democrats have is rhetoric. We will have to keep an eye on the GOP to make sure they deliver the results their philosophy should yield.

So if you are a local Democrat who received this letter, there’s only one thing to do: go to the Board of Elections and request the change of registration form to become a Republican. It may be your best chance to influence election results in the future.

Democrats ignore voters, keep rain tax in place

According to published reports, Annapolis Democrats ignored the will of the voters and opted to maintain the state’s dreaded “rain tax.” More formally, the House Environment and Transportation Committee rejected HB481 by a 14-7 vote – all 14 Democrats on the committee voted to kill the bill, while all seven Republicans voted to send the bill to the floor.

Because it was a party line vote, it’s easy to note who voted for and against:

In favor of maintaining the rain tax were Delegates Barve, Beidle, Carr, Fraser-Hidalgo, Frush, Gilchrist, Healey, Holmes, Knotts, Lafferty, Lam, McCray, Shane Robinson, and Stein. Twelve of the fourteen represent some part of Baltimore, Montgomery, or Prince George’s counties, with one from Baltimore City and one from Anne Arundel County. Basically they represent the I-95 corridor.

Voting properly to kill it off were Delegates Anderton, Cassilly, Flanagan, Jacobs, O’Donnell, Otto, and Szeliga. Three of these represent the Eastern Shore, two have districts in Harford County, one comes from Howard County, and the other from southern Maryland. (Anderton and Otto represent portions of the Lower Shore.)

Governor Hogan is quoted in the WBAL story by Robert Lang as stating:

No issue resonates as strongly and no tax is as universally detested as the rain tax. Passing a law that forces only a handful of counties to raise taxes on their citizens – against their will – is wrong, unfair, and it needs to end.

Marylanders have spoken loudly and clearly on this issue. The overwhelming majority of voters across the state are strongly opposed to it, and some counties have already taken steps to repeal this burdensome tax. Considering the surge of opposition to the current law, I am confident that the General Assembly will still move forward with a repeal of the Rain Tax.

Apparently there is another measure in the General Assembly which will weaken the rain tax but not suspend it entirely. But this is a blow to a relatively robust Hogan agenda, and shows once again the entitlement mentality Democrats in the General Assembly have as none of them broke ranks to vote in favor of repeal. This despite the fact all fourteen Democrats represent counties which are forced to pay it.

On the other hand, just three of the seven Republicans represent “rain tax” counties, although two communities which have adopted a similar tax, Salisbury and Berlin, lie within the districts of Delegates Anderton and Otto, respectively.

While the Change Maryland group vows “the fight is not over,” it’s fairly likely that no bill repealing the rain tax will be passed this year. And now that we got yet another reminder of how bipartisanship works in Annapolis – it’s a one-way street because only Republicans are expected to be bipartisan, such as on the so-called “death with dignity” bill – perhaps it’s time for Republicans to consider Maryland’s answer to the “nuclear option” and begin to petition administration bills to the House floor.

You see, it’s only political junkies like me who pay much attention to committee votes, and chances are that most people have no idea which committees their particular member of the General Assembly sit on. In most cases, Democrats who control committees determine which bills will get votes and which ones will stay in their desk drawer after a hearing. The more damaging a bill could be to their special interests or to vulnerable members, the greater chance a bill never sees the light of day. Yes, fourteen Democrats had to take a hit on this one but being a Democrat on the Environment and Transportation Committee probably means approval from Radical Green groups like the Chesapeake Bay Foundation or League of Conservation Voters so they are probably safe from voter wrath in three years.

But if Republicans band together and use their power to petition bills to the floor, things get a little more uncomfortable for the Democrats because they can’t as easily control the process. Seeing this key piece of Hogan’s agenda being defeated, along with the bush-league antics surrounding the Democrats’ reaction to the State of the State address, tells me that it’s time to embarrass the other side into action. Don’t let Democrats get away with painting Larry Hogan as a do-nothing governor without putting them on the spot and making them go on the record.

Congressman Harris, we are waiting!

By Cathy Keim

The failure of Congress to hold President Obama accountable for his increasingly aggressive executive overreach is about to make them irrelevant. They have reneged on their oaths to protect and defend the Constitution of the United States. The protection against a tyrant that our Founders put into our Constitution was the separation of powers. Congress has abdicated their responsibility to resist and stop illegal actions by this president particularly by the power of the purse.

Back on January 6, 2015, in response to pressure from many angry constituents over his vote to re-elect John Boehner as Speaker of the House, Andy Harris posted the following on his Facebook page:

In November, Speaker Boehner was re-nominated by the Republican House Conference without a single opponent stepping forward. That was the appropriate time for an alternative to step forward and be considered by House Republicans. Today’s vote on the House floor was simply whether Nancy Pelosi or John Boehner was going to be Speaker of the House. I hope that we can now move forward and work with the Senate to pass common-sense conservative policies. If Speaker Boehner does not deliver on his promises, a Republican House Conference can be called by 50 members and I would join in that call. (Emphasis mine.)

I have no problem standing up for conservative principles to the Speaker and Republican leadership, such as my vote against the reauthorization of the Patriot Act, as well as my votes against the Ryan-Murray budget deal and debt ceiling increases. Please know that I will continue to fight for conservative values and Maryland’s First District in the 114th Congress.

So, I am asking, “Congressman Harris, Speaker Boehner has clearly failed miserably at stopping the executive amnesty overreach. What are you going to do about it?”

The loss of jobs to illegal immigrants, the cost of welfare benefits, Social Security payments for older people that have not paid into the system, tax credits from the IRS for the previous three years amounting to thousands of dollars, etc. etc. The costs are extremely high both in taxpayer dollars expended and in stress to our citizens that cannot find jobs.

Congressman Harris, the damage from this illegal amnesty is far reaching. Again, I urge: please tell us what you plan to do about it.

P.S. Governor Hogan, our state budget is already in the red. This amnesty is going to cause additional drains on our taxpayers. Maryland joined in supporting the executive overreach prior to you being sworn in, but I cannot find any statement from you to say that you disagree with the amnesty.

In a “friend of the court” brief filed Monday, attorneys general from 12 states and the District of Columbia threw their backing behind the president’s executive actions, which could help nearly 5 million undocumented immigrants who currently live in the U.S., allowing them to seek work without fear of deportation.

Officials from 12 states – Washington, California, Connecticut, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New Mexico, New York, Oregon and Vermont – and the District of Columbia filed the brief Monday in the U.S. District Court for the Southern District of Texas.

In fact, according to WorldNetDaily, your press secretary ducked questions on the subject when asked.

Stacking the deck by rule?

March 4, 2015 · Posted in All politics is local, Delmarva items, Maryland Politics, Politics, State of Conservatism · Comments Off 

If you’re not aware of this, the saga of appointing new legislative members in Carroll County came to an inglorious end when the state Court of Appeals ruled it was within the Carroll County Republican Central Committee’s right to send multiple names to Governor Hogan for the selection of a new member of the legislature. Personally I think it should remain as one name, but apparently Larry likes having choices.

But you may not be aware – in fact, I wasn’t either until it was alluded to at Monday night’s Central Committee meeting – that the next state party convention, to be held next month in Ocean City, will feature a push to have counties adopt a standardized policy on filling legislative vacancies.

Indeed, there is logic and sense behind this as a whole. However, if it’s up to each county to make this official I would recommend the Central Committee in Wicomico County adopt this with at least one change. In Section 13, where it reads:

The Chair shall submit one name, however, at the request of the Governor, may submit more than one name.

I would ask the sentence be amended thus:

The Chair shall submit one name.

Here’s the reasoning why we should stay with a one-name approach (and why the Court of Appeals got it wrong.)

It has long been the practice that Central Committees in each county submitted just one name - problems only tended to occur with multi-county districts where more than one name was sent because counties preferred different candidates. (Senate District 36 is a recent example.)

That District 36 situation illustrates the problem with a multiple-name approach. If my memory serves me correctly, two counties selected eventual winner (and then-Delegate) Steve Hershey while the two other ones tabbed former Delegate Michael Smigiel. The choice was eventually made by Martin O’Malley, a Democrat. (Note each of the four counties sent up one name.)

Someday there will be a Democratic governor again who will preside over the selection for filling a vacancy in a conservative Republican district. Based on the language in this prospective amendment, what is to stop this governor from informing the Central Committee that he or she wants ten names rather than just three? Or instead of making a formal selection, the governor simply requested the forwarding of the name of everyone who applied, regardless of merit?

There are not a lot of representative functions for which the local Central Committee is charged – mainly their job is to represent the county at the state conventions. But it does serve at times as the electorate in those situations where it’s not practical to have an election – in recent meetings, the committee I serve with has selected applicants for the Board of Elections and interviewed for vacancies in our Board of Education. In the recent past, our local Central Committees have worked to select members of the General Assembly who died in office - Republicans for Page Elmore in 2010 and Democrats for Bennett Bozman in 2006.

Because Maryland doesn’t have the provision for special elections, we have to take that task seriously as voters won’t be able to correct us for many months or even three-plus years. It’s interesting that Kathy Fuller, who was one of the plaintiffs in the Carroll County case (supporting the submission of just one name) has the idea of prohibiting the selection of a member of the General Assembly for an administration position. With one exception, that’s the root cause of all this commotion.

But I digress. While there are many times we would be satisfied with any of a number of candidates, there is generally one who stands above the others in our estimation; however, there’s no guarantee the Appointments Secretary will feel the same since it’s likely he or she won’t do an in-depth interview.

One name has worked well in the past, and it’s a shame Larry Hogan mucked up the system because he didn’t like the Central Committee’s original choice. That’s what it boils down to. A more stout Central Committee would have stuck with their first choice, so I think we need the rules that will stiffen their collective spines.

Maryland’s top prize

I have to admit I was shocked as anyone else to hear Barbara Mikulski was not seeking re-election. Although I figured she was closer to the end of her tenure than the beginning, I would have thought she would privately anoint a successor. In that respect it would have been a good landing spot for Martin O’Malley if Anthony Brown won the governorship, giving O’Malley a leg up on the 2016 Senate race once it became clear his Presidential bid was going nowhere fast. Sadly for the former governor, Larry Hogan won.

But among the blizzard of reaction from mainstream state news outlets and other political commentators, there are several things to keep in mind. First of all, this opening in a statewide race would favor those with plenty of money and a team in place. It doesn’t have to be a person who has run statewide, and because this election allows members of the Maryland General Assembly to “run from cover” because their seats aren’t involved in the election, it’s very possible a few may take a shot.

Secondly – and perhaps more importantly from a “bench” standpoint – if you assume that at least three or four sitting Congressmen decide to make a run for the seat, the same rules apply. Consider, if you will, an Andy Harris run on the Republican side – how many local elected officials would be interested in that seat as it suddenly opens? You could imagine Jeannie Haddaway-Riccio taking a shot, along with politicians from the other side of the Bay in Harris’s district. Multiply that by three or four Congressional districts and the prospect for several changes in the General Assembly for the second half of Larry Hogan’s term is significantly higher.

Yet in any of these cases, the decisions will have to be made early, probably no later than June. And that’s not just for the Senate seat, but those who may see themselves on the lower rung of the ladder in the House. Once those dominoes begin to fall, there’s no telling how far the stack could reach because it will all depend on who wins the respective primaries.

But just as the 2014 election proved to create a tremendous shakeup in the House of Delegates, the 2016 election may be cataclysmic for the state’s Congressional delegation. Even if just three or four run for office, the effect would be huge given that no more than two seats of the ten have changed hands in any recent election. The effect may be similar to 1986, when Mikulski first won office and several other Congressional seats picked up new faces (however, that was also a state election year, unlike 2016.)

So rather than try and predict the parlor game of who will run, the point of this piece is to remind people of the importance of a strong political bench. You have one seat that is a six-year term with no term limits and (quite honestly) not a lot of responsibility when you compare it to the governor’s chair. The last time this opportunity came up was 2006, but that was a year when state office holders had to weigh the odds of emerging from a crowded field against the certainty of re-election – not so a decade later.

The question isn’t so much who, but how many. It wouldn’t surprise me if the 2006 total of 28 aspirants isn’t surpassed in 2016. Most of them will be no-names or perennial candidates with no shot, but there will be some turnover in our Congressional delegation because of this sudden opening.

MCAC and CBF to Hogan: drop dead

As I suspected, the slight bend toward agricultural interests that Governor Hogan made with the revised Phosphorus Management Tool regulations – now re-dubbed the Agriculture Phosphorus Initiative – was met with hostility from the environmental community. On Friday the Maryland Clean Agriculture Coalition and Chesapeake Bay Foundation released this joint statement:

We commend the Hogan Administration for taking the problem of phosphorus pollution seriously and are pleased that the Administration embraces the scientific evidence showing we must implement the Phosphorus Management Tool to better manage manure on oversaturated farm fields.

The environmental community was not involved in the drafting of Governor Hogan’s proposed regulations that were released on Tuesday, and we have gone over them carefully since. Unfortunately, the regulations do not provide the adequate protection or assurance we need, and as such, we must oppose them. Our concerns are detailed in the attached analysis.

The regulations include a significant loophole, referred to by the agricultural industry as a “safety net,” that makes it unclear if they would ever result in full implementation of this much-needed tool. We adamantly oppose this lack of a clear, enforceable end date for putting the Phosphorus Management Tool into place.

It is also unclear whether the proposed ban on phosphorus on fields with FIV over 500 would actually reduce the amount of manure being applied to farm fields or protect Maryland water quality. The Maryland Department of Agriculture has been unable to clarify this.

Additionally, the regulations add one more year of delay, and they include troublesome secrecy provisions.

We continue to whole-heartedly support legislation sponsored by Senator Pinsky and Delegate Lafferty (SB 257 / HB 381) to implement the Phosphorus Management Tool with a six-year phase-in. Given the difficulties we’ve had with the regulatory process over the past three years, we prefer having a strong statute in place.

Their statement is an expanded version of a statement I posted on Wednesday from the Maryland Clean Agriculture Coalition. The MCAC is an interesting group in that none of the 21 groups involved has a thing to do with farming; instead many of these are “riverkeeper” groups from around the state. These groups blame farmers for a disproportionate share of the problems with Chesapeake Bay, imagining they are just wantonly dumping manure into streams and creeks.

While the groups have done a comparison sheet (or “detailed analysis”) between the O’Malley and Hogan proposals, their chief complaint can be summed up in this paragraph:

The Hogan PMT provisions for an “evaluation” for assessing manure markets and transportation programs, available land acreage, etc., allow for this “evaluation” to stall movement of PMT implementation for a year while MDA conducts a re-evaluation. The result is the possibility of an endless year by year postponement and re-evaluation possibility. (Emphasis in original.)

The way I read this is that, whether the infrastructure is in place or not - and, to be honest, I’m dubious of whether it can be in place – the CBF wants to move ahead on the PMT issue. Even the large-scale concession of immediately stopping the application of manure to certain fields, which is a provision allegedly affecting 1 of every 5 farmers on the Lower Shore, isn’t satisfying to the environmental coalition. They demand the data on how this would affect farmers, but pooh-pooh the need for data on how these regulations might affect the rural Maryland economy through the actual on-site studies sought by the Hogan administration.

In short, the contempt for the agricultural community by these groups is palpable.

So Larry Hogan tried to walk the middle ground. In backing off his original dead-set opposition to the PMT as “mandating how (farmers) use their property” to implementing a slightly less onerous version he still alienated the environmental community as well as discouraging some of the farmers who will be most adversely affected.

This whole episode will hopefully be a lesson to the new administration: you won’t get the friendship or the votes of those who would just as soon see the Eastern Shore collapse economically thanks to the demise of the agricultural industry regardless of what you do. So stick to those issues you ran on: improving Maryland’s economy and lowering the tax and regulatory burden on its citizens. Remember, no amount of regulation is enough for liberals, so why cater to them in the first place?

When three should be one

Last month I wrote about the controversy some Central Committees around the state faced when it came to filling vacancies for Senator and Delegate positions. It boiled down to the preference of Governor Hogan to have a selection of names to choose from when it came to these positions clashing with both the desire of local Central Committees to make the choice and the language of Section 13 of the Maryland Constitution.

If you look at those who have been appointed so far to the various positions, there is a level of familiarity involved: Barrie Ciliberti is a former Delegate returning to the House of Delegates, while Andrew Serafini and Justin Ready have moved up from the House to the Senate to fill vacancies there. The seats formerly held by Ready and Serafini are among the three current vacancies in the House of Delegates, with the other being the seat formerly belonging to Delegate Cathy Vitale, who was tapped by the outgoing O’Malley administration to fill an Anne Arundel County judgeship.

In the cases of Ciliberti, Ready, and now Vitale, there has been no shortage of controversy in filling the seats. Supporters of Wendi Peters, who finished fourth in the District 4 primary for Delegate, fumed that a member of the slate also consisting of Delegates Kathy Afzali and David Vogt and Senator Michael Hough leapfrogged Peters in the selection process – Barrie Ciliberti was fifth in that primary, but a Frederick County Republican Central Committee consisting of Hough supporters made the decision with Carroll County’s body tabbing Ciliberti as one of their three finalists as well.

Carroll County’s Republican Central Committee has its own stain, replacing its original choice of Robin Bartlett Frazier for District 5 Senate at the behest of the Hogan Administration, which insisted that they amend the process to permit the elevation of then-Delegate Justin Ready to the Senate.

With Anne Arundel County now under the gun to replace Vitale, the three vs. one controversy is back. According to an article in the Capital Gazette by Chase Cook and Sarah Haynesworth, Anne Arundel County’s Central Committee is planning to send just one name to Governor Hogan – at least until there’s a formal request to do otherwise. Apparently such a request is on its way.

If it were my Central Committee, though, that formal request would be crumpled up and thrown into the circular file. The Gazette piece quotes current Delegate Tony McConkey at length, noting that he’s advising the AARCC to send just one name.

As I stated in January, the selection of a state officer should be done closest to the district involved, meaning it would be the Central Committee’s task to select the recipient and not the Governor’s. It’s a similar argument to the one we as a Central Committee have made regarding the wisdom of an elected Board of Education for Wicomico County as opposed to the current system of appointees from the governor’s office in Annapolis. Assuming we get the school board as currently envisioned, even the appointees for the hybrid portion of the board and for any vacancies would be done locally.

Yet there’s now another element being thrown into the mix. On her way out the door Delegate Vitale introduced HB1070, which would change the Maryland Constitution to allow for a special election in Presidential years once a vacancy is created. As an example, if the law were in effect today those who were recently appointed would face re-election in 2016 to a two-year term rather than serving all the way until 2018. In its description of the proposal the Gazette is incorrect because the earliest we could see such an election would be 2020 – even if passed this year it would be on the 2016 statewide ballot as a question (most likely Question 1.)

In some respects this is a good idea, but I think this would be very confusing to voters. In certain time frames, it could also be difficult to get a person to serve unless it was understood they would be a caretaker member until the election was over – sort of like the situation we faced in replacing Page Elmore in 2010 during the midst of a primary campaign for his successor. The consensus we reached with Somerset County was to put his widow in the seat until the new Delegate was elected (which turned out to be Charles Otto.)

Nor should we forget that, when the shoe was on the other foot and a Democrat was appointing for a Democratic seat, only one name was turned in by the local party organizations.

If appointments are going to be done in Annapolis from a list of three names, it begs the question: just what function do Central Committees have, anyway? At that point the Appointments Secretary just might as well handle the whole thing. I hope that’s not the overall intent of the Hogan administration, but right now they seem to want to cut the locals out of the process where they can and it’s disappointing.

The fallback position?

In the day since Governor Hogan announced his Phosphorus Management Tool regulations and I wrote my original take on them, I’ve had a chance to see what some of the involved players have to say.

I should preface this by noting I’m not a farmer; however, I have a rural background to the extent that I lived on acreage partially surrounded by woods and cornfields and went to school with kids who were honest-to-goodness members of the Future Farmers of America, complete with the blue corduroy jackets. And seeing that this is a predominantly rural area which depends on agriculture and my interest is in its economic success, I tend to favor the views of farmers over those who think that chicken comes from Whole Foods.

Anyway, the reaction I saw from the major agricultural players was somewhat disappointing, considering the dramatic effect those around here will feel from the PMT regulations. I begin with Delmarva Poultry Industry.

Statewide, the Maryland Farm Bureau echoed the inclusive approach.

To me, these farm groups are exhibiting the same attitude that’s expressed by the saying, “the beatings will continue until morale improves.” Perhaps I’m just wondering what happened to the Larry Hogan who promised the Maryland Farm Bureau back in December:

The first fight [when I take office] will be against these politically motivated, midnight-hour phosphorus management tool regulations that the outgoing administration is trying to force upon you in these closing days. We won’t allow them to put you out of business, destroy your way of life or decimate your entire industry.

The regulations are essentially unchanged in this rendition with the exception of promises of more resources for affected farmers and an extra year to deal with the mandates. But over 1 in 5 local farmers will have to stop their fertilizing practices immediately when the regulations take effect.

And the step toward environmentalists has apparently been met with defiance. Both the Maryland Clean Agriculture Coalition and Chesapeake Bay Foundation are skeptical. CBF’s Alison Prost notes:

We are pleased the governor recognizes that excess manure application on farm fields in Maryland is a serious issue, just as scientists have been noting for years.

(snip)

We learned general information about the proposal Monday afternoon, and are hoping to obtain a copy of the actual proposed regulation as soon as possible. Without such details, we are withholding judgment.  Once we are able to review the full proposal we hope that the Hogan Administration will allow the environmental community a chance to help shape this policy.  In the meantime, we fully support SB 257 and HB 381 which are intended to solve the manure crisis through legislation. (Emphasis mine.)

In other words: nice try, but we are still after the whole enchilada.

Honestly, I don’t know if this measure is an attempt to placate the center by throwing farmers under the bus or if it’s part of a grand gambit where concessions on this issue will be traded for relief from the “rain tax.” I don’t trust the Democrats to follow through on any such deal because they come with the attitude that their time out of power is a fleeting, temporary one. It worked in ousting Bob Ehrlich after one term.

Perhaps Larry Hogan doesn’t have it in him to be Maryland’s answer to Scott Walker. But this relatively rapid concession on an issue important to the rural voters who supported him by margins of 70-30 or better in many counties is troubling. Had he waited until we knew the fate of the General Assembly bills – which he could have chosen to veto and perhaps not have to deal with until next session – he could have positioned himself as more of the fighter we were looking for when we dispatched Martin O’Malley’s heir apparent and selected Larry to lead the state.

By their words today, the environmental lobby proved they have no intention of working with Larry Hogan – none whatsoever. There was enough of a broad outline presented yesterday that these groups could have embraced the Agriculture Phosphorus Initiative, but they did not.

Of course, I sort of figured it would be this way all along but people keep reaching across the aisle and keep getting their arms bitten off. The only solution is to make the statist side concede by having superior numbers, and we can’t finish that job until 2018.

Next Page »

  • I haven't. Have you?
  • Part of the Politics in Stereo network.
  • March 2015
    S M T W T F S
    « Feb    
    1234567
    891011121314
    15161718192021
    22232425262728
    293031  
  • Link to Maryland Democratic Party

    In the interest of being fair and balanced, I provide this service to readers. But before you click on the picture below, just remember their message:

  • Categories

  • Locals flock to monoblogue

    More and more locals come here for 'News and views from Maryland's Eastern Shore.'

    Click on the photo for details on advertising opportunities.

  • For Policy Wonks

    TrackBill is a great way to follow both Congress and state legislatures in a customized manner.

  • The Road to 2016

    Maryland Primary Election will be April 5, 2016.

    President:

    Republican:

    Jeb Bush
    Ben Carson
    Ted Cruz
    Lindsey Graham
    Scott Walker

    Other possibles:

    John Bolton
    Chris Christie
    Carly Fiorina
    Mike Huckabee
    Bobby Jindal
    John Kasich
    George Pataki
    Rand Paul
    Marco Rubio
    Rick Santorum

    Democrat:

    Martin O'Malley
    Jim Webb

    Other possibles:

    Joe Biden
    Hillary Clinton
    Elizabeth Warren

  • Archives