Category Archives: Local Government

Balanced Budgets And Tax Caps

For years, it has been a GOP article of faith that the United States should pass a balanced budget amendment. Here in Indiana, Republican Governor Mitch Daniels was the driving force behind the “constitutionalization” of tax caps–adding a measure to the state’s constitution limiting state and local government’s taxing power.

Fortunately, wiser heads prevailed in Congress, and the federal government retained authority for the massive deficit spending needed to ease what will certainly be a major recession or a depression in the wake of the Covid-19 pandemic.

Here in Indiana, we weren’t so lucky; Mitch Daniels successfully curried voter favor by decimating the ability of cities to adequately fund services and hobbling the state’s ability to meet unanticipated crises.

The average voter doesn’t recognize the different functions of constitutions and statutes, or understand why specific tax provisions of this sort don’t belong in the former.  Most Hoosiers thought it was a good idea to place tax caps in the state’s charter, making it difficult–if not impossible–to change direction if the need arose. Now, the state of Georgia–which has a similar restriction–is demonstrating just how short-sighted and damaging it is to elect people who are more concerned with politics than good policy.

From Heather Cox Richardson’s daily “Letter,”(no link, but her URL is heathercoxrichardson@substack.com) we learn about an investigation by George Chidi, a Georgia journalist and former staff writer for the Atlanta Journal-Constitution.

Chidi examined Georgia Governor Brian Kemp’s decision to reopen gyms, fitness centers, bowling alleys, tattoo parlors, barbers, nail salons, restaurants, theaters, and massage therapists, among other businesses, next week.

Kemp said the businesses would be required to screen workers for illness, increase sanitation rules, separate workspaces by at least six feet, telework where at all possible, and have staggered shifts. He also said that more restrictive local rules could not override his order.

Kemp told reporters that his concern was to protect small businesses, hurt by the economic shutdown, but Chidi had a different interpretation. “It’s about making sure people can’t file unemployment,” he wrote.

The state’s unemployment fund has about $2.6 billion. The shutdown has made claims skyrocket—Chidi says the fund will empty in about 28 weeks. There is no easy way to replenish the account because Georgia has recently set a limit on income taxes that cannot be overridden without a constitutional amendment. It cannot borrow enough to cover the fund either, because by law Georgia can’t borrow more than 5% of its previous year’s revenue in any year, and any borrowing must be repaid in full before the state can borrow any more.

By ending the business closures, Kemp guarantees that workers can no longer claim they are involuntarily unemployed, and so cannot claim unemployment benefits. Chidi notes that the order did not include banks, software firms, factories, or schools. It covered businesses usually staffed by poorer people that Kemp wants to keep off the unemployment rolls. (Emphasis supplied.)

We already knew that Kemp was despicable; a man for whom the word “ethics” is clearly meaningless–as Secretary of State, he refused to recuse himself and oversaw the Gubernatorial election in which he was a candidate. By throwing out some 50,000+ registrations from African-American voters, he narrowly deprived Stacy Abrams of a victory in that race.

This effort to deprive low-income workers in Georgia of the ability to claim unemployment is equally contemptible, but it is also equally attributable to the restrictive provisions in Georgia’s constitution.

Indiana’s constitution requires a balanced budget. That requirement need not be debilitating–if the state and its subdivisions can raise taxes to meet unanticipated challenges. Thanks to Mitch Daniels, his successors in the Governor’s office are unable to do that. Governor Holcomb thus far seems like a pretty solid guy–a throwback to the kind of Republicans I used to know–so I am hopeful he won’t emulate Georgia’s Kemp.

When rightwing Congress-critters bloviated about a Balanced Budget Amendment, cooler heads pointed to the perils and prevailed. When Republicans in the Indiana statehouse crowed about putting tax caps in the constitution to “protect” taxpayers, warnings by fiscal and tax policy experts were pooh-poohed.

Politics won, sane and informed policy lost.

Isn’t there a song called “Georgia on my mind”?

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Inexcusable

Policy debates are rarely one-sided. Even when I feel strongly that side A is obviously, clearly, self-evidently the right way to go, I know deep down that sides B and C have their points too. And as I tell my students, cases don’t get to the Supreme Court unless there are at least two sides (often more) to the issue.

But every rule has its exception, and the Indiana General Assembly periodically refuses to take an action that is self-evidently, obviously right. As Indiana Public Media has reported,

House Republicans this week voted down Democrats’ attempts to help ensure Indiana’s voting machines are more secure in the 2020 election.

More than half of Indiana’s 92 counties have voting machines without a paper backup. Election security experts say those backups are critical to electoral integrity.

The General Assembly budgeted $10 million last year to help upgrade. But that amount only covers about 10 percent of the machines that need it. And they plan to get to the rest of them by 2030.

Really? By 2030? How helpful!

Rep. Carey Hamilton (D-Indianapolis) says waiting 10 years to fully upgrade the machines is a mistake.

“Providing secure elections based on the best available technology that we know exists, that we know the Secretary [of State] could utilize in an efficient way before November elections is the right thing for us to do,” Hamilton says.

According to WFYI, Secretary of State Connie Lawson (a Republican, it should be noted) had asked the legislature for additional funds, but had been rebuffed

Lawson says she initially asked budget writers for more money.

“But they told us to get real,” Lawson says. “So, we got real and we tried to hone it down to where it was possible to get the dollars.”

Get real? “Real” is something our lawmakers know very little about–or choose to ignore.

What is “real” is the importance of public confidence in the integrity of the vote. What is “real” is the significant decline in the public’s trust in government. What is “real” is the growing cynicism and anger fed by blatant gerrymandering and multiple, visible Republican vote suppression efforts around the country.

Here in Indiana, what is also “real” is the legislature’s animus toward urban counties, and lawmakers’ continuing efforts to privilege both rural Hoosiers and the deep pockets of their contributors, constituencies that just happen to favor Republicans. (How else can we interpret efforts this session to protect coal and landlords, and to sabotage public transportation?)

Donald Trump may insist that American Intelligence operatives who continue to warn about Russian interference with our elections are part of some “deep state hoax,” but rational people know that those who work for our Intelligence agencies are far more credible than the buffoon who stands to benefit from that interference. Ensuring that our voting machines are tamper-proof, providing a paper trail, and taking other precautions against threatened interference (or for that matter, domestic game-playing and/or malfunction) is simply common sense.

Granted, common sense has never been the most obvious attribute of Indiana’s General Assembly.

If there is “another side” to providing proper election security, I don’t know what it is.

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Games Indiana’s GOP Plays…

Oh, Indiana!

Ours is a state so gerrymandered that control of our legislature remains firmly in the hands of a Republican super-majority. To say that the lack of competition has given us state lawmakers who reflect the party’s ideological extremes would be an understatement.

So what is the “World’s Worst Legislature” (h/t to the late Harrison Ullmann) doing this year?

Well, our lawmakers are no longer trying to change the value of Pi, which I suppose is progress of a sort. What they are trying to do is keep Indiana utilities from phasing out their dependence upon coal;  persisting in their efforts to elevate the rights of fertilized eggs over the rights of women; refusing to fund election security measures; and demonstrating their ignorance of the separation of powers.

There has been a bill protecting religious mental health workers who deny emergency assistance to those they consider “sinners” and another prohibiting athletes who were born male from competing against cis women in sports. Another “protective” measure would prevent employers from implanting chips in their workers (a practice not currently occurring in the state, but hey! It might happen, so let’s talk about that rather than the very real problems we face.)

The majority is also moving new legislation to create a “cross-check” bill to facilitate the purging of (certain) voters, after a previous effort to do so was struck down by the courts as blatantly unconstitutional.

And of course our legislators are continuing to divert resources from the state’s public education system in order to prop up the religious institutions that make up some 95% of “voucher” schools.

But absolutely the most consistent legislative behavior, year after year, is the General Assembly’s adamant refusal to allow cities and towns to do–well, pretty much anything— unless and until their overlords in the legislature deign to give local elected officials their official blessing. (Especially Indianapolis, which the Republicans who represent mostly rural districts irrationally resent.) It took three sessions for Indianapolis to get permission to hold a referendum on whether to tax ourselves to improve public transit, and then only on condition that we not include light rail. Why no light rail? Who knows? And this session, legislators continue to offer roadblocks to planned expansion of the city’s rapid transit lines.

The most recent–and arguably this session’s most egregious–example is the legislature’s move to foreclose Indianapolis’ effort to protect tenants from landlord abuses. Even the Indianapolis Star was offended.

Mayor Joe Hogsett’s proposal to provide more protections to Indianapolis renters now faces an uncertain future.

Indiana lawmakers added language to a bill Monday that would prevent any city from regulating landlord-tenant relations without approval by the General Assembly, including at least two key items in Hogsett’s proposal: requiring landlords to notify renters of their rights and responsibilities, and fining landlords who retaliate against renters for reporting problematic housing.

Senate Bill 340 initially moved through the Indiana Senate as a bill addressing laws about condemned properties. An amendment added at the Republican-controlled House Judiciary Committee, though, would undercut a legislative priority of Hogsett, a Democrat, now in his second term as Indianapolis mayor.

The Hogsett administration saw its proposal as a way to balance the scales against unscrupulous landlords, many out of state, who take advantage of lax government oversight in Indiana to prey on desperate renters.

Any lawyer who has practiced real estate law in Indiana– I am one–is aware that Indiana law is heavily weighted in favor of landlords. (I’m sure this favoritism has nothing to do with the fact that the tenants who are disadvantaged by our legal framework are far less likely to be political contributors than their landlords.)

When this year’s (mercifully short) session comes to an end, we’ll see what passed and what didn’t. But one thing we can predict with confidence: local jurisdictions still won’t have anything that looks remotely like home rule.

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Lies, Damned Lies and Sanctuary Cities

A week or so ago, a commenter to this blog asked for an explanation of Sanctuary Cities and States. The question was understandable, because the Trump Administration–beginning back when Jeff Sessions was Attorney General– has consistently misrepresented the issues involved.

Anti-immigration activists and apologists for the administration insist that “sanctuary” cities and states are places where the rule of law has been suspended — places where evil Democratic-controlled governments have formed alliances with “open borders radicals” (as Sessions once put it) to prevent Immigration and Customs Enforcement (ICE) agents from arresting unauthorized immigrants even when they’ve been convicted of crimes.

Back when Sessions was threatening to withhold federal grants from cities and states that dared to declare themselves Sanctuaries, Vox did one of its “explainer” columns, in an effort to dispel misunderstandings on both sides of the political divide with what it termed “the wonky truth.”

The federal government has spent the past 20 years using local government (especially law enforcement) as a force multiplier to help it find, arrest, and deport immigrants more efficiently — and for almost as long, progressives have been trying to reassert local autonomy. At this point, the line between “obstructing” federal law enforcement and simply deciding not to help isn’t as clear as one might expect.

In the courtroom, the fight over sanctuary cities is narrow and technical. Outside the courtroom, it’s a culture war.

One of the problems is that–as the article points out–“Sanctuary city” is not an official government term. In fact, it has no legal meaning.

Lots of people use the unofficial term “sanctuary city” to refer to local jurisdictions (not just cities but counties and sometimes states) that don’t fully cooperate with federal efforts to find and deport unauthorized immigrants. If that sounds vague, that’s because it is, and it gets at the tension between federal policy and local law enforcement generally used to carry out those laws.

One reason for the confusion is that local police departments aren’t legally required to assist the federal government with just any policy the federal government might want to enforce. In 1997, in Printz v. United States, the Supreme Court confirmed that the federal government “may neither issue directives requiring the States to address particular problems, nor command the State’s officers, or those of their political subdivisions, to administer or enforce a federal regulatory program.”

Immigration law is federal law. Not only is immigration enforcement not a local law enforcement priority–as the article points out, local police don’t usually get involved with the enforcement of, say, federal tax law either–most police chiefs argue that helping apprehend otherwise law-abiding immigrants is a “net negative” for local law enforcement, because it makes immigrant communities leery of police and less likely to report crimes or cooperate with investigations.

So exactly how much assistance local governments should provide in immigration enforcement is an ongoing fight. At heart, it’s been a policy fight over what local governments should do. But under the Trump administration, in particular, it’s taken on the color of law: the idea that cities are refusing to do something they’re obligated to do.

The Trump administration alleges that local ordinances or state laws that bar the sharing of information about immigrants — like California’s SB 54, which prevents jail officials from telling ICE when a prisoner will be released (in many cases) unless ICE has a warrant signed by a judge — violate the federal law. Cities and states that have passed such policies, however, argue that sharing information about when someone will be released from jail or prison is different from sharing information about their immigration status, so it’s legal for the state to put restrictions on the former.

Whatever the technical legal arguments, the real fight over sanctuary cities or states is political and cultural. As the Vox article notes, in the aftermath of Trump’s election, a number of mayors signaled their “resistance” by declaring themselves sanctuary cities. It was also a way to reassure immigrant residents that while Trump might be making them feel unwelcome in red America, they would always be welcome in America’s (almost all blue) cities.

In response, Republicans have continued to stoke fears with dishonest rhetoric about those “criminal immigrants” and blaming cities and states controlled by Democrats.

Today’s Republicans are waging war with anyone who is  “other.” Meaning anyone who isn’t a white Christian native-born male.  They’re just reluctant to put it that baldly, so they settle for exaggeration and confusion.

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They Don’t Even Want To Hear It…

In the U.S. Senate, Republicans are repeating a line made infamous by Indiana’s own Earl Landgrebe during the Nixon Impeachment: My mind is made up. Don’t confuse me with the facts.

Landgrebe’s line also describes the current Indiana GOP, which has declined to hear any debate about a good government measure offered by Rep. Ed Delaney as an amendment to House Bill 1414. (Regular readers will recall my post on this effort to tell Indiana’s utilities that they won’t be permitted to go ahead with their plans to close down their inefficient, costly and carbon-producing coal plants unless the EPA has mandated the closure.)

After noting that what he termed HB 1414’s “coal bailout” would raise the cost of electricity for Hoosiers and worsen the air quality in the state, Delaney proposed an amendment that would make it a Level 6 felony for a coal interest or person who has a vested interest in coal to make a contribution to a political candidate or committee.

“I’ve grown concerned about the growing distrust Hoosiers have in our political system,” DeLaney added.

“If the state is going to subsidize an industry at the expense of taxpayers, lawmakers should not be allowed to take political contributions from that industry. Special interests shouldn’t be influencing such impactful legislation. The amendment I offered today would’ve held the coal industry to the same standards as casinos who can’t contribute to political campaigns. I am concerned to restore a greater sense of trust between Hoosiers and their legislators.”

The amendment was blocked from debate on the House floor by House Republicans.

At all levels of government, when Republicans have the power to do so, they block efforts to conduct the sorts of full and fair explorations that would be likely to  inform the public but would be politically detrimental to the GOP.

If the facts make them look bad, they simply refuse to allow discussion of those facts.

In the case of HB 1414, as I noted previously, the utilities oppose it, environmentalists oppose it, and consumers get screwed by it. Coal companies must therefore depend upon their friends in the legislature to ignore the facts and protect them–and no one is friendlier than a lawmaker who benefits from an industry’s generous campaign contributions.

Representative Delaney’s amendment would remove the impression that coal interests had “purchased” the “friendship” of state legislators. Surely, if the impression is incorrect or unfair, lawmakers would be delighted to publicly debate it and pass it.

In Washington, they’re following in Earl Landgrebe’s footsteps. Despite taking an oath to act as impartial jurors, they are prepared to exercise raw power to prevent testimony that would confirm the accuracy of what they already know, because that testimony would be further evidence that they value party and power more than country or integrity.

The Republican super-majority in Indiana has declined even to debate the propriety of a rule against legislative bribery, presumably because citizens who followed such a debate (few as they are likely to be in the absence of local journalism) would see them protecting their ability to raise money from industries they subsidize.

Talk about a quid pro quo…

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