Testimony for HB1324/SB981

This was presented today when the bill to allow a straw ballot in November, 2012 to determine whether we should elect our school board in Wicomico County had its hearing. I wrote this on behalf of the Wicomico County Republican Central Committee, although their imput led to a minor change from my original.

Testimony in favor of HB1324/SB981:
Wicomico County – Board of Education – Selection of Members – Straw Ballot

Presented by: Members of the Wicomico County Republican Central Committee
March 23, 2011

Ladies and Gentlemen of the House and Senate:

We, the undersigned members of the Wicomico County Republican Central Committee, rise in support of allowing the voters of Wicomico County to determine who best represents them when it comes to educational matters.

In our view, having the Governor appoint members of a board which oversees nearly half of all County operating expenditures – not to mention millions more tax dollars supplied by the state and federal governments – is a relic of the past and not suitable for Wicomico County’s needs. While we as a Central Committee are involved in the current system as part of the selection process and take this task seriously, we would willfully give up that portion of our duties in order to let a much larger group of citizens decide who best could represent their wishes on a future Wicomico County school board.

Over the last several years, we on the Central Committee have made an effort to convince our County Council that the present system needs to be revamped. Finally, in February, the Wicomico County Council listened, agreed, and asked our local representatives to bring forth a bill addressing this to the General Assembly. Now that the bill is a reality, we would like to thank this bipartisan group of sponsors for placing HB1324/SB981 onto the General Assembly’s docket. Its passage would allow our county to take another step down the road to joining nineteen other Maryland jurisdictions and thousands of others nationwide where the will of the people is expressed, in part, by those who they elect to their school board.

Opponents of an elected board make a good point about the prospect of a lack of diversity on the board. We share their concerns about its makeup, and believe that a system reflective of the current Wicomico County Council makeup – with five districts, including one majority-minority district, and two at-large seats – would alleviate their concerns about certain groups not having a place at the table.

Moreover, it is our belief that the school board elections should be non-partisan, which will allow greater participation among those unaffiliated with either of the two principal parties.

While these details lie beyond the scope of the legislation presented today, we believe that passing this bill this year will allow the maximum time for all those involved to hash out a solution which addresses the concerns of groups both in favor of keeping the current system and those who desire change, while remaining consistent with the county charter.

The General Assembly involves itself in education in countless ways – everything from helping to determine per-pupil funding and setting standards to figuring out how to satisfy the concerns of teachers who stormed Lawyers Mall last week to ask their pensions remain intact. By many accounts, the educational system you have helped to create is considered among the best in the nation.

But with that responsibility comes accountability. Every four years, the members of the General Assembly have to pass a test of their own, with the voters turning in the final grade on whether members are worthy of being re-elected. And while it’s obvious our side has its differences with the majority of those who sit in this room today, the bipartisan support of our local delegation shows that the same model of accountability reflected in both the Maryland Senate and House of Delegates could be present in our school board if Wicomico County voters wish it to be.

It is with this in mind that we humbly ask that HB1324/SB981 be passed and sent to Governor O’Malley for approval this year. Give us the best chance possible to do right by the children of Wicomico County.

Respectfully submitted,

Members of the Wicomico County Republican Central Committee:

Dave Parker, Chair
Joe Collins, Vice-Chair
Bob Laun, Treasurer
Michael Swartz, Secretary
Dave Goslee, Sr.
W. Blan Harcum, Sr.
Mark McIver
John Palmer
Ann Suthowski

Elected school board inches closer to reality

Thanks to all but one of Wicomico County’s elected Delegates, the prospect of the straw ballot required for an elected school board here is one step closer to reality. The bill was read in the House Rules and Executive Nominations Committee Friday and was assigned to be HB1324. In simple language, it proposes that the voters of Wicomico County will face the following question on the ballot next year:

“Do you favor changing the method of selection of the members of the Wicomico County Board of Education from appointment by the Governor to election by the voters of Wicomico County?”

While there is a backlog of items to consider and the late introduction of the bill meant it had to pass through the Rules Committee, we hope that the state can take a brief amount of time and allow this bill passage. Thanks to all five Delegates for acting as co-sponsors and hopefully allowing the will of the people to be heard.

A Wicomico County school board proposal

This is something for you to mull over, based on the promise I made on Wednesday’s post about the County Council meeting the previous night. This also extends a call for the elected school board I made in March of last year – unfortunately, the previous County Council didn’t act on that measure in time for November’s election.

As I understand it, the process can be completed as follows:

  1. County Council votes to put a non-binding referendum on the ballot at the next General Election. (This would be in 2012.)
  2. Assuming the referendum is passed by voters, legislation to allow the county to make the switch is passed by the Maryland General Assembly.
  3. The first elected school board members are selected at the next General Election in 2014.

I believe we could skip step one if our General Assembly delegation got the proper legislation passed, but it’s my understanding that Norm Conway wouldn’t move it without a referendum. (If I am mistaken, be patient and I’ll get to comments when I have a chance.) The other method to achieve step one would be via a petition to get a referendum on the ballot, which I have been told was tried in 2001.

But the devil is in the details, and it seems that County Council would like to have all of the parameters ironed out before passing along a proposal to voters. (Unfortunately, that may make it too complex and doom it to failure – I’d rather just have the concept presented first.) In that case, here are a few humble suggestions I’d like to make as a framework for an elected board. Obviously they would have all the responsibilities and duties that the current appointed board has.

  1. The Board should be a seven-member body (as it is now), with one representative from each County Council district (using the exact districts) and two at-large members. I think this addresses, at least in part, one concern of the NAACP. District representatives must be a resident of that district.
  2. Each member would serve a four-year term (with an exception as noted below). For any member, there would be a limit of three terms of service, whether consecutive or not. Current appointed members would be allowed to serve the full three terms if they choose to stand for election.
  3. Beginning with the 2014 election, members elected from districts would serve a four-year term and stand for re-election in 2018. The at-large representatives would serve a single two-year term, standing for election in 2016 before commencing on a four-year cycle. This way every two years the entire county votes on at least one school board member, whether representing their district or the county at-large.
  4. School board elections will be non-partisan, with no party identification on the ballot. Because of this, there would be no primary and the election winner would be determined by whomever has the most votes of all candidates, whether by majority or plurality. (This has its drawbacks, but also gives a so-called disenfranchised minority a better shot at winning.)
  5. In case there is a vacancy mid-term for any cause, it would be up to the County Council to vet and select a replacement to fill out the term within 60 days of the vacancy.
  6. State campaign finance rules in effect for elected school board officeseekers would apply.

There’s probably other language I need to make this a more complete proposal, but I think you get the idea.

I know the naysayers would tell me that the school board would be too politicized if elected, with one making the point that many of the nation’s worst school districts are saddled by elected boards. But who’s fault is that? And would it truly make any difference if the boards in these places were appointed by the same inept government that can’t run these cities properly?

What I know is that, in the situation we have currently, a governor we did not vote for makes the selections based on the recommendations of the appropriate partisan Central Committee – in many cases, our first choices have been denied for a number of reasons, even by Governor Ehrlich. (He’s the last governor we in Wicomico County actually voted in favor of; to find the previous example you’d have to go back to William Donald Schaefer in 1986.) To me, a person who came of age in a state where local districts are run by elected school boards – for better or worse, Ohioans in their hundreds of local school districts can exercise this accountability – it makes little sense. (Ohioans also get to vote on local operating and bond tax levies, which is a definite double-edged sword.)

I don’t advocate going quite that far here in Maryland, but I think we should join the vast majority of other counties in the state by letting the voters decide their school board.

Just so you know, my internet access will be limited over the next couple days so comment moderation will be spotty.

Adding to the agenda

Counting comments by members and the public and a scheduled work session, there were fifteen items on the agenda for last night’s County Council meeting. But much of the discussion from the two dozen or so members of the public who attended had to do with an item not mentioned – the prospect of an elected school board.

I’m not planning to do a blow-by-blow report on each upcoming County Council meeting as my work and personal schedules probably wouldn’t allow me to attend them all. But last night’s was an exception because I wanted to see just how amenable the new Council will be to this idea; meanwhile, another item piqued my interest for the work session.

I’ve found it intriguing just how little Council disagrees on most issues they face, even before the split went to 6-1 Republican. In fact, out of the nine resolutions which were voted on last night only one had any sort of opposition. As it turned out, the East Side Mens Club only received its property tax exemption for this fiscal year – their original proposal of forgiveness for fiscal years 2009 through 2011 was rejected because County Council President Gail Bartkovich thought it a poor precedent and most agreed – only Bob Caldwell and Stevie Prettyman objected to the deletion of the 2009 and 2010 tax abatement while Joe Holloway abstained.

Otherwise, most of the discussion centered around a contract for food services at the county jail, and that was mostly technical questions about paying for new equipment should one side or the other back out of the deal.

A new proposal which may be quite contentious is the county’s effort to exempt one- and two-family residential dwellings from new provisions in the International Building Code and International Residential Code requiring fire sprinklers. The legislation will have a hearing on February 1st, with Bartkovich stating this should be discussed at an evening meeting to promote more public input.

The fun part of the Council session came in public comments, where a series of speakers pleaded with County Council to get moving on adopting an alternative to the currently appointed school board.

Leading off the parade was local political activist Matt Trenka, who stated, “I would like to see some leadership” on the issue. It was the “obvious answer” to the lack of responsibility he perceived from our current appointed body.

Joe Collins followed up with a detailed analysis of the various methods other counties use to select their school boards – while most Maryland counties have fully elected school boards, Caroline and Harford counties employ a “hybrid” of elected and appointed members. He also pointed out an alternative similar to that Joe Ollinger unsuccessfully campaigned on, where the County Executive selects the board with the advice and consent of County Council.

Kay Gibson, another frequent commentor at County Council meetings, chimed in that she “had very little say” on the school board as currently comprised because she has little effect on the Governor’s race. She, too, favored an elected board of education.

The question was “what is best for the children of the county?” suggested local GOP Chair Dave Parker when he spoke. Why should it be up to the Central Committee to do the job of sending the applicants they prefer up to Annapolis?

G.A. Harrison echoed these other speakers and urged the County Council to consider this quickly since the 2011 General Assembly session is about to start and bills introduced late have to go through the Rules Committee.

Perhaps the most cautionary proponent of change was Marc Kilmer, who asked us to keep in mind the purpose of a school board and noted that elected school boards don’t always create positive change – some of the country’s worst schools are saddled with poorly-performing, partisan school boards.

On the other hand, there was one voice who made clear her opposition to the concept. Mary Ashanti, head of the local NAACP, fretted that certain groups and economic classes would be disenfranchised and that an elected school board “would never have the balance” of party and racial makeup to be successful. The NAACP is against the idea, she added.

Personally, I don’t care if those elected are black, white, male, female, or polka-dot – I just want the best people elected. That was part of my statement before the Council, where I also told Ashanti that “good people can disagree.”

I have my own ideas for a proposed school board, which I’m going to save for a later date. (It’ll come in handy as I anticipate perhaps a minor break in the action on this end.)

In their comments, four members of County Council spoke at least somewhat favorably toward the idea, with Joe Holloway clearly stating “I would like to see us move ahead” on this process. He asked how people would feel if the County Council itself was appointed in a similar manner, an analogy Bob Caldwell liked. Also agreeing were newly elected at-large members Bob Culver and Matt Holloway, who added that “he hadn’t seen a good argument against” the concept.

After this discussion, Council President Bartkovich promised the idea will be on the agenda. For me it’s a case of “trust but verify” and we’ll see when that happens.

The second part of the meeting was a Council work session dealing with two subjects: a presentation by the county’s auditors and a measure legally known as Legislative Bill 2010-12. That bill would be enacting legislation to bring speed cameras to county roads. As you should be aware I’ve visited this subject here on a previous occasion or two and I spent a good portion of my public comment speaking about how Fruitland abuses their privilege.

Well, the folks from RedSpeed and both Sheriff Mike Lewis and his deputy Gary Baker tag-teamed the County Council trying to convince us that “we can use 21st century technology…to protect our children” as Lewis said during the presentation.

Now, I have no doubt that having a very attractive brunette on the sales force could turn some heads in a male-dominated arena like the Sheriff’s office. (Since I was sitting diagonally behind Lewis, I couldn’t help but to notice that during the preceding auditor’s report this lady either quietly conversed with Mike on some subject or checked her Facebook page with her mobile phone. I doubt she and I will be Facebook friends after this post!)

But I think Mike was sold a little bit of a bill of goods by the RedSpeed team. If Sheriff Lewis has an issue with the state not returning any of the money collected when a ticket is written for any traffic offense, that’s a problem he should take up with the state instead of having Big Brother looking over our shoulder. As I noted back in July, this is a process ripe for abuse.

In fact, the RedSpeed team admitted that “they’re not sending anyone to court (to collect) $15, nor do they have any idea what sort of revenue we could expect. (The state mandates a fine of $40 for an offense, which means the company and county would have a $15/$25 split, respectively.) One problem they faced was that there was no applicable contract to review, as the company used Fruitland’s contract as a template for their presentation to Council. Meanwhile, no one could answer the question about the time and effort required for, say, a deputy to drive out and fetch a vehicle daily because to do otherwise could incite vandalism.

Another concern expressed by County Council was that this would be a backhanded way of funding LEOPS, as Fruitland apparently does. While Lewis protested that “what you decide to do with the money is entirely up to you,” it’s obvious that Council saw Fruitland’s example and the declining revenue they’re getting.

If RedSpeed and the county do come to an agreement, it would likely be a 2-year term with up to three automatic renewals.

And while it was alluded to that the city of Salisbury may follow Fruitland’s lead and adopt speed cameras, I have a number of objections to not just the concept but to the practice. Of course I think we should drive safely and be careful around school zones, but while Lewis cited the number of accidents which had occurred over the last decade in these areas, I had no context of whether they actually involved excessive speed – more likely the cause was inattention. That’s not solved with a speed camera, and seeing the warning sign could lead to even more accidents like those which happen at intersections with red-light cameras.

Yet my biggest fear is that, as the county or municipality begins to get used to a revenue stream from scofflaws, these amounts will start to fall short of expectations for both the local government and for RedSpeed. (Also, there will eventually be market saturation as more and more localities get the cameras.) Naturally, both entities will put pressure on the state to:

  • expand the area where speed cameras can be used from school and work zones to anywhere along a roadway;
  • increase the fine from $40 to $50 or more, and;
  • reduce the leeway speed from 12 mph over the limit to 10, 8, 6, etc. Pretty soon they’ll be nailing you for one mile per hour over – and I know from experience my speedometer varies by a couple miles per hour from posted radar sites. So it’s hard to know just how accurate the cameras would be and if they’ll be properly calibrated.

I think I know how the Council will be receiving this legislation when it comes to a vote, but I’m not going to tip my hand on which members are leaning toward approval and which ones oppose. I’ll keep my poker face on for that because, frankly, I don’t want Mike Lewis or RedSpeed to know.

I’m very disappointed that a Sheriff who is sworn to uphold the law in a nation founded on the rule of law can embrace a technology which presumes guilt rather than innocence. The system is flawed in that they can only provide a photograph of a car’s license plate and make the owner liable, even if he or she wasn’t driving. To get out of the ticket, the owner has to narc on the actual driver if he or she knows. That’s some example to set – anyone else see the Orwellian aspect here?

They’re not called “scameras” for nothing. Let’s stop Big Brother in his tracks.

State bails out Wicomico County (for now)

First the release:

Following a 9:30 A.M. appearance (yesterday) by Wicomico County Executive Richard M. Pollitt, Jr. and Director of Finance Patricia Petersen before the Maryland State Board of Education in Baltimore, the Board voted 8-to-4 in favor of granting a waiver on the county’s Maintenance of Effort requirement for education funding. The Wicomico County Board of Education will now receive an additional $1.5 Million in state funds.

Upon receiving the news of the positive vote, Mr. Pollitt said, “Against all odds, we were able to persuade the Board that Wicomico County would not be able to provide its required share of funding to our K-12 school children in next year’s budget.  I suggested to them that they could mitigate the impact of county cuts somewhat by granting the waiver.  We are delighted that the State Board agreed and that our school program will receive the extra funding.”

Of Maryland’s 23 counties and Baltimore City, only Wicomico and Montgomery counties sought the MOE waiver.

But the long-term answer isn’t going to begging hat in hand to the state because as you may recall the waiver was denied last year – luckily the BoE “found” the money to keep itself running with its full budget. Instead, we need to adopt a two-pronged solution to addressing this problem long-term.

One part would be to minimize the budget where possible, starting with lopping off a top-heavy administration. Perhaps the idea of lengthening the school day but shortening the school week so fewer bus trips are required is worth exploring. And I don’t think increasing the class size is a bad idea, either. Why not see where private schools succeed while public schools fail?

But the second part of the solution lies in the state of Maryland. Someone needs to stand up to the court which dictated the funding formula to our state (and led to the Thornton Commission law) and ask the plaintiffs (a group which included ACORN) to prove that more money equals a better result. Put them on the defensive because their “stunning victory” is burying the average taxpayer.

The problem with having to deal with Maintenance of Effort (as I understand it) is that education spending can NEVER go down – the amount of money required is equal to the previous year’s. In cases where funding for the next year is dependent on the spending for this one, nine times out of ten (and maybe even 99 of 100) the agency or bureau will spend money at the end of the fiscal year on wasteful items just for the sake of spending it and not losing its allocation.

As we’ve proven with this recession, throwing money at a problem does little to solve it but instead discourages innovative thinking. Yes, Wicomico County dodged a bullet this time but the long-term solution is to disarm those who are robbing the taxpayers blind.

Two planks to question

On Wednesday I announced that Joe Ollinger had entered the race for Wicomico County Executive, with a followup post on Thursday regarding his platform. It’s a platform which dealt extensively with the subjects of fiscal responsibility and education and included two interesting planks:

  • Empower the County Executive to appoint the county’s school board, which is one of the few remaining with members appointed by the governor. Most Maryland counties have adopted an elected school board.
  • Create one county-wide law enforcement agency, consolidating the efforts of the existing Sheriff’s Department with existing municipal police forces in Salisbury, Fruitland, and Delmar.

As you may or may not know, the Wicomico County Republican Party (the one Ollinger is supposedly a part of) has made its case for electing (as opposed to appointing) the Wicomico County board of education; a case similar to one I made back in March.

Yet Ollinger is trying to shift a system which depends on input from a Governor’s office generally at odds with the people of Wicomico County and artificially rigged to reflect a majority of the party holding that office to one which would perhaps better reflect the will of the people based on who they elected County Executive but still not directly accountable to the electorate – sort of a half-step solution which combines the worst of both worlds. Perhaps it’s a plank which Joe can be made to reconsider if and when he’s elected because, while he may hold conservative educational values, it would certainly make the teachers’ union more of a player than it already is for the County Executive race – they would have a direct stake in the outcome.

As a Republican Party we believe an elected school board is the way to go and, unlike a GOP Congress which was forced to carry water for some of President Bush’s ill-considered ideas, neither our central commitee nor Republicans on County Council (or outside conservative groups like AFP) may sit quietly and allow Ollinger to proceed with his scheme.

Similarly, the fiefdoms which are the various local municipal police departments may not be willing to have themselves absorbed into the Wicomico County Sheriff’s Department. While these departments work together on a regular basis, the logistics of such a change need to be studied carefully and most likely placed on a timetable beyond the term of the County Executive – I think such a process if undertaken would take at least five years to adopt from initial planning to final outcome. There’s also the risk of alienating bargaining units like the Fraternal Order of Police and assuredly the Maryland State Police may have to have some say as well.

In truth, we may find that the assumed efficiencies in combining departments are outweighed by unforseeable costs or a lack of coverage of rural areas as municipalities would be especially cognizant of reduced patrols and complain if the crime rate increases.

I know that there are already shared resources between local law enforcement agencies, and perhaps Joe will elaborate further on the subject as the election draws near. But it’s a plank certain to draw as much attention as his educational ideas, which can be taken at face value for what they are worth. There’s little doubt who the educational lobby in this county will support so Joe needs to take his case above them and to the people.

The case for an elected school board

Tomorrow the Wicomico County Council discusses the FY2011 county budget (as part of legislative session 2010-05.) Obviously a significant chunk of that budget will go to the county’s education funding and County Executive Richard Pollitt conceded “there’s no way” that Wicomico County will meet the state Maintenance of Effort requirements next year. It’s beyond questioning that money is going to be a contentious issue for those who were elected to take care of the budget.

However, the Wicomico County Board of Education (WCBOE) has come under some withering fire lately regarding the travel budget allotted to school personnel. Spearheaded by County Councilman Joe Holloway, this effort found the taxpayers were occasionally footing the bill for everything from meals at Hooters and Ruth’s Chris Steakhouse to the morning coffee at Wawa. While most of the expenditures were on the up-and-up, the attitude reflected by those who abused the process (and paid for the previously-charged expenditures out of their own pocket once it was learned Holloway was on the case) was that of an entitlement mentality.

As mentioned before on my website, the present FY2010 budget has been revised, but in essence only 54% of the budget was at stake – the 46% belonging to the WCBOE was practically untouchable due to state mandates.

It is my belief – a belief shared by a growing number of people – that Wicomico County is not well served by having an appointed school board in charge of holding the schools accountable to the taxpayers. All but a handful of Maryland counties have gone to an elected school board, and I think its long past time to adopt the same here.

As the system stands now, the seven appointed members of the WCBOE come into office via a process rife with the prospect of patronage. Until a change is made, there will always be at least three Republicans and three Democrats on the board, with the pivotal seventh vote awarded to the party whose candidate won the last race for governor. Thus, the first Democratic vacancy which occurred after Bob Ehrlich was sworn in back in 2003 was filled by a Republican and the first GOP vacancy after Martin O’Malley came into office in 2007 was filled by a Democrat. To be more proper, vacancies were filled from a list provided by the local Central Committee of the respective party (so as a member of the Central Committee I had influence on any board member replacing Republicans, except the first GOP vacancy became a Democrat seat.)

If you look at things on that level, it’s clear that Wicomico County may have preferred a 4-3 GOP split based on who they selected as governor since Bob Ehrlich carried Wicomico handily. But the decision was taken out of their hands based on the statewide vote.

While I take my job seriously as a member of the Central Committee, it seems to me that the input of selecting those who are responsible for running our schools should be at a much higher level than a seven- or nine-member body. And looking at things from a strictly partisan basis I understand there’s a risk the voters could select an even more partisan mix of 5-2 or 6-1 Democrats based on voter registration numbers. (While it’s likely the BOE would be a “non-partisan” race, certainly the Democrats will be recommending a slate of candidates as would the GOP.) Yet this also provides an opportunity for those who are politically unaffiliated to have a greater say in affairs as well.

People who are passionate about education tend to be the ones who want to see more local control of their schools. They join the PTA or volunteer in the classroom in order to do their part for the school community.

But the process as it stands now doesn’t necessarily reward these attributes. The folks in Annapolis don’t have much of a body of work to judge would-be BOE members on – usually it’s just a curriculum vitae and application. An electoral system could be set up to allow district representation, giving a person who’s known to the parents of a particular school a better opportunity to serve at a higher level.

In the end, though, it comes down to accountability. The system we have now doesn’t provide for enough, and moving to an elected school board would give the people of Wicomico County the final say on just how a board member is doing.

We can get the process started with leadership on County Council. They can pass a measure to put a referendum on the ballot this fall showing the amount of support there is for an elected school board. Once that passes (as I’m confident it would) then the General Assembly could act accordingly and pass the law allowing BOE elections to occur beginning with the next general election in 2012.

That’s the easy road. If County Council refuses to act, the ballot measure would have to be achieved via petition and getting signatures is a time-consuming process. We could also be at the mercy of outside events, as a 2001 petition drive was shelved in the wake of 9-11.

Joe Holloway is already on record as supporting an elected school board, so I call on his fellow Republicans to lead the way and allow thoughtful Democrats to follow behind if a veto override is needed. Once we get this on the ballot, at that point we can work on just how the transition would be achieved, the question of staggering board members’ terms, and the like. That’s actually fairly easy since we have a number of counties to view as models.

The hard part is getting there, so I encourage the County Council to start the process soon.