local control – Sheila Kennedy

For Goodness Sakes, Indiana!

A couple of years ago, Indiana geniuses came up with the motto “Honest to goodness, Indiana!” After reading this scorching–and utterly accurate–description of what passes for governing in my state, I think that motto should be “For goodness sakes, Indiana!”

The article by Aaron Wren in Governing magazine looked at the traditional Red state tactics that brought disaster to Kansas and failed to improve economies in Red states generally. When Wren focused on Indiana, he laid out the state’s current status and the roots of our declining wellbeing.

Or look at Indiana. It has had Republican governors since 2005 and full Republican control of the state for over a decade. Its leadership loves to boast that its growth rate in population and jobs beats surrounding states, but that’s a low hurdle to jump. In reality, most of Indiana is stagnating or declining. Over half of the state’s counties are losing population, and the forecast for the prime working age population is grim: Virtually the entire state is projected to have a declining workforce in coming years. Indiana’s per capita income is only 86.2 percent of the national average, and that’s lower than it was when the GOP took over the governorship and the Legislature. Under Republican management, the state started out poor and got even poorer.

Why these poor results in states with the full panoply of red state best practices? It’s because the entire philosophy of governance in Kansas, Indiana and quite a few other Republican states is based on a fundamentally mistaken view of progress. Rather than investing to build up the skills and enhance the well-being of their citizens, they engaged in a race down to the bottom as a strategy to attract corporations.

Wren doesn’t simply make an assertion–he provides examples.

When local media reported on the horrific situations faced by many local renters, Indianapolis responded by passing an ordinance that required landlords to provide tenants with a list of their rights– including the right to have “functional plumbing, safe wiring and heat in the winter.” Indiana’s legislature just overturned that ordinance, as part of the legislature’s ongoing refusal to respect local control, and–as Wren says–at the behest of the property owners’ lobby.

Indiana is a great place to be a slumlord, but not such a good place to be a citizen who rents.

The article points out that this example is just one of many. The state’s nursing home industry has so many negatives, it has become, Wren says, “a giant scam.” He recounts how hospitals in the state used ownership of nursing facilities to overbill Medicare and siphon over a billion dollars from those homes. The money was used to fund building projects and generous salaries for hospital executives. Meanwhile, Indiana ranks 48th in nursing home staffing, and more than 20 percent of nursing home patients with COVID died (the national rate is 13 percent).

How did our legislature respond? It passed a bill providing expansive immunity from liability for nursing homes and other businesses.

In addition to overturning tenant protections, Indiana has flirted with canceling a transit expansion in Indianapolis that has been supported overwhelmingly by the voters, and gutted a bill that would have required employers to provide basic accommodations to pregnant women. (Expectant mothers can now ask for accommodations, but employers don’t have to actually provide any). Perusing the list of bills working their way through the state Legislature, it’s hard to see much that could even plausibly make a material improvement in the life of Hoosier citizens.

Wren points out that the most important factor in attracting high-wage employers is the availability of a skilled labor force – talent. What he doesn’t mention is the Indiana legislature’s continuing assault on public education, and the negative effects of that assault on efforts to produce a skilled labor force. Instead, the Republicans who have dominated state government continue to siphon dollars from public schools in favor of private, mostly religious schools via the nation’s largest voucher program.

Aaron Wren is no bleeding-heart liberal. When he lived in Indianapolis, I knew him slightly, and followed his observations on local governance. He was pro-business in the better sense of that term, supportive of governance that created a business-friendly environment, but highly critical of the crony capitalism that continues to characterize Republican politics in Indiana.

So long as Indiana’s gerrymandered districts continue to weight rural votes over urban ones, we will continue to rank among the bottom of states in numerous categories, and we’ll continue to have what the late Harrison Ullmann called “the world’s worst legislature.”

For goodness sakes, Indiana!

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We Don’t Need No Damn Ethics…Or Cities

As the Indiana General Assembly continues its assault on the goose that lays the state’s golden eggs–aka Indianapolis–members also demonstrate their utter lack of concern for ethical government behavior–state or municipal.

According to the Indianapolis Star, State Senator Jack Sandlin is proposing to void an Indianapolis ethics ordinance that prohibits a county chairperson from doing business with the city. Sandlin’s bill would allow a city employee to serve as both the county party chair and an employee, despite the rather obvious potential for conflicts of interest.

It just so happens Senate Bill 415 would benefit Cindy Mowery, one of four people who have filed to become chair of the Marion County Republican Party.

Welcome to Indiana, where any pesky ethics law that promises to erect a barrier to problematic behavior can be eliminated by your political buddies!

The legislature’s war on municipal ethics is just one aspect of its constant assault on local control and urban life. There’s a reason that, most years, out-migration in Indiana exceeds in-migration, and we routinely lose the young people we’ve paid to educate in our universities.

A recent discussion with my youngest son is–unfortunately–illustrative.

My son grew up in Indianapolis, attended college in Chicago, then traveled & worked in Japan. He fell in love with an Indiana woman, and (somewhat reluctantly) returned home. As he tells it, he was an urban kid who loved cities, and initially, he didn’t see much promise of a vibrant urban life in Indianapolis. But that changed as Indianapolis changed. After living and practicing law in Chicago, he saw the promise of a great quality of life and a reasonable cost of living. (Needless to say, this made his mother very happy.)

He bought a house in the Old Northside neighborhood, had a family. He and his wife work downtown, their children have attended excellent public schools, they have a wide circle of friends and neighbors with whom they enjoy the urban amenities Indianapolis offers.

So why–as they near college age–is he urging his children to leave Indiana?

He says that, while Indianapolis still has many great things going for it, its future—and especially the future it might be able to offer his children—looks far less rosy, thanks to the culture of the state. As he says,

Even modest efforts to improve the quality of residents’ lives is threatened by a hostile General Assembly and radicalized state electorate. In most places, cities enjoy a measure of local control, or “home rule.” Not Indianapolis — at least not today…

Indiana’s Republicans have gerrymandered electoral districts, with predictable effects on Indiana’s politics. It turned a “conservative” state into something else entirely; the party of “limited government” has become the party of “intrusive central control.” Republican legislators have stripped (or sought to strip) Indianapolis voters of the right to decide quintessentially local matters: to decide how much in local taxes it can raise to provide essential services, to elect local judges, to decide questions of educational funding for public schools, and most recently, even to regulate local matters like zoning, landlord-tenant relations and the issuance of gun permits. None of these limits are placed on rural, largely white counties; only on Marion County (Indianapolis).

My kids are approaching college-age, and I am encouraging them to leave Indiana. Why?

Because I don’t know what life holds for them. I don’t know if they will be fortunate, healthy, and financially secure; or whether they will be dealt setbacks that might make them need assistance or the support and protection of local government. What I do know is that I want them to find a place—a community—that cares for all its people, not just the wealthy, and not just white people. Which is why I am strongly encouraging my kids to find universities outside of Indiana and, thereafter, to find a place where people care for each other more than we do in this state.

I chose Indianapolis for a quality of life that is, piece by piece, being eliminated as the Indiana General Assembly decides that city folk can’t be trusted to govern themselves or to invest in people or a better quality of place.

Ultimately, I want my kids to find a place that cares for its people, even if doing so costs a little more. I want them to live in a place where their vote over purely local affairs matters at least as much as the vote of a rural Trump-loving farmer—and, importantly, where the politics are not animated so much by white grievance.

Unfortunately, that place isn’t Indiana.

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The Hidden Hand

When I hear the term “hidden hand,” I immediately think of Adam Smith. But a couple of weeks ago, I came across a very different definition of that term–one that resonated with me.

Published by a think-tank called “Support Democracy,”the article addressed the growing problem of pre-emption, which it dubbed “the hidden hand.” In Indiana, we’ve had that problem as long as I can remember; it’s what I fulminate about when I decry local government’s lack of home rule.

Many of America’s cities, towns, and counties have less power than they did at the start of the year to protect the health and safety of their communities or to respond to the unique needs and values of their residents. That’s because between January and June 2019, state legislatures across the nation continued a troubling trend of passing more laws forbidding or “preempting” local control over a large and growing set of public health, economic, environmental, and social justice policy solutions. This legislative session, state lawmakers made it illegal for locally-elected officials to enact a plastic bag ban in Tennessee, raise revenues in Oregon, regulate e-cigarettes in Arkansas, establish minimum wages in North Dakota, protect county residents from water and air pollution produced by animal feedlots in Missouri, or protect immigrants from unjust incarceration in Florida.

Some states this session went further, with bills aimed at abolishing core powers long held by cities, including their ability to negotiate and set employment terms with their own contractors, enact and implement local land use laws, and control their own budgets and finances.

Here in Indiana, local jurisdictions have long been under the thumb of state lawmakers. The same legislators who bitch and moan about “unfunded mandates” imposed on state governments by Washington blithely operate on the assumption that they know better than the folks running city and county jurisdictions how those officials should do their jobs.

Are there issues that require federal mandates? Sure. Are there issues that ought to be handled consistently statewide? Of course. But the policy debate should center on what those issues are–and it rarely if ever does. Instead, we have the Indiana General Assembly deciding what vehicles Indianapolis can include in our locally-funded mass transit plans (no light rail for us–why, no one can explain).

It’s bad enough that a former Governor whose political savvy outstripped his devotion to rational policymaking (yes, Mitch, I’m looking at you) shoehorned a tax cap into the state constitution. That certainly made him popular. It has also destroyed the ability of local governments to provide appropriate levels of basic services. (Not to mention that provisions of this sort don’t belong in constitutions, which are by definition frameworks prescribing how issues like taxation are to be dealt with.)

State and local governments desperately need to revisit the allocation of power between them. In states like Indiana, state-level lawmakers need to allow local governments to make the decisions that are properly local.

As the report at the link explains,

Preemption is a tool, like the filibuster, that can and has been used by both political parties. In the past, preemption was used to ensure uniform state regulation or protect against conflicts between local governments. Preemption has also been used to advance well-being and equity. State civil rights laws, for example, allow cities to increase protections, but prohibit them from falling below what was required under law. Traditional preemption emphasized balance between the state and local levels of government. While state policy still had primacy, according to Columbia Law School professor Richard Briffault, it was understood that “state policies could coexist with local additions or variations.”This is not what we are seeing now.

“New Preemption” laws, according to Briffault, “clearly, intentionally, extensively, and at times punitively, bar local efforts to address a host of local problems.” Some of this is propelled by a disdain for local lawmaking and urban lawmakers seen as too liberal, intent on “oppressing” the free market and “trampling” on individual liberty…. Another primary driver of new preemption is the opportunity conservatives now have to deliver on a long-promised anti-regulatory agenda – an agenda that disproportionately and negatively affects women, people of color and low income communities. These new preemption laws are being used to prohibit local regulations without adopting new state standards in their place, effectively preventing any regulation or policy remedy at all.The efforts to consolidate power at the state level and end local authority over a wide range of issues are part of a national long-term strategy often driven by trade associations and corporate interests. Much of this effort has been orchestrated by the American Legislative Exchange Council (ALEC), an industry-funded organization made up by lobbyists and a quarter of all state lawmakers that writes and distributes model bills.

In my most recent book (which I shamefully keep hyping) I make a case for revisiting federalism, and ensuring that control of issues is lodged with the appropriate level of government.

I doubt I’ll live long enough to see that happen…..

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Plastic Bags and Local Control

When I become morose about the sad level of policy in Indiana, a news item will often remind me that We Are Not Alone.

We have an excellent recent example from Arizona. Arizona is one of those states that can be depended upon to resist federal mandates and trumpet the virtues of local control. State level local control, that is. (Much like with Indiana, what state-level lawmakers really want is the ability to thumb their noses at both the federal government and local political subdivisions. If the statehouse exercises authority, it’s good; if a city or county wants freedom to manage its own affairs, that’s terrible.)

Case in point: Arizona just passed a bill banning efforts by local government units to discourage the use of plastic bags. As the New York Times reported,

State Senator Nancy Barto, the bill’s sponsor and a Republican, said that “excessive regulation on containers creates more work and cost for retailers and other businesses — and leads to higher consumer cost and a drag on economic growth.” She added: “Municipalities acting on their own to implement these mandates run counter to the state’s goal to overcome Arizona’s sluggish job growth and economic stability.”

The only city to carry out any such rule is Bisbee, southeast of Tucson, which banned single-use plastic bags and requires a 5-cent charge per paper bag.

Lauren Kuby, a city councilwoman in Tempe, cited estimates that 50 million single-use plastic bags are used each year in the city and that less than 5 percent are recycled. She said the city faced costs from litter, as well as from the damage the plastic bags caused to machinery at recycling facilities.

Allowing cities and towns to decide for themselves which policy is most cost-effective and/or environmentally sound is evidently unthinkable in Arizona’s statehouse.

Sounds a lot like Indiana, where lawmakers deeply resent regulation by the federal government, but made Indianapolis beg for three plus years for permission to hold a referendum on whether to tax ourselves to support decent public transportation.

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PLEASE Make Them Stop!

It’s no longer possible for us mere mortals to keep up with the craziness in the Indiana General Assembly.

Yesterday, Doug Masson posted about House Bill 1123.

It prohibits a health insurance policy from covering abortion services provided by a medical provider except that it can provide such coverage if the pregnancy is the result of rape or incest or if an abortion is necessary “to avert the pregnant woman’s death or a substantial an irreversible impairment of a major bodily function of the pregnant woman.” However such coverage may be provided through an endorsement or rider.

The paternalism and anti-abortion zealotry that led to this particular effort to tell insurance companies what they can and cannot cover, and how, joins a raft of other equally high-handed measures.

Does your local government want to ask its citizens what modes of transportation they want –and what they’re willing to pay? Tough. We know better than you what’s good for you.

Does your local sheriff want to sponsor a gun buy-back to get weapons off the street? Don’t try it. Our gun freaks will not only forbid it, they’ll add a measure letting you bring a gun to school.

Who do you businesses and local governments think you are, anyway–trying to make your own decisions?

Whatever happened to the self-described legislative champions of free enterprise–the pro-business folks who advocate limiting regulations to those absolutely necessary to protect the public? Where are all the staunch defenders of local control–the legislators so protective of their prerogatives that they deep-sixed Common Core? (How dare anyone suggest that Indiana schoolchildren learn the same math and history as kids in other states?)

I guess when the General Assembly talks about “liberty” and “local control,” it means liberty from federal rules and the right to control everything else.

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