Category Archives: Local Government

When Elected Officials Don’t Get It, We All Pay the Price

Indiana Governor Mike Pence is adamantly opposed to the expansion of Medicaid in Indiana, despite the fact that his opposition will cost Hoosiers a lot of money–not to mention lives.

I have previously explained why our stubborn refusal to participate in this particular aspect of the Affordable Care Act is irresponsible, inhumane and costly.

When Pence announced his negotiated one-year “deal” with the federal government to continue “Healthy Indiana” in lieu of expanding Medicare (a “deal” that leaves some 400,000 Hoosiers without healthcare), he insisted that “Consumer driven healthcare is the path to the future.”

Sorry, Mike–but if that’s the case,  the future is pretty damn bleak.

Here’s the problem: markets work incredibly well when buyers and sellers operate on a level playing field. They work especially well when consumers are looking for widely-available goods and services, and can compare prices and quality and shop around for the best deal. Economists define a market transaction as one involving a willing buyer and willing seller, both of whom are in possession of all relevant information.

That description does not remotely apply to medical care.

The “consumer” who needs a hernia operation is highly unlikely to be in a position to shop around. He’s much more likely to need immediate care, and be locked into using a particular provider by his insurance company. And he is highly unlikely to know as much about the procedure as his doctor.

For that matter, this “consumer transaction” isn’t going to be negotiated by the patient and his doctor. The real parties to this transaction are the doctor and the health insurance company–and as recent news reports have reminded us, the needs of the patient are rarely front and center. (The Star recently reported on a lawsuit brought by the widow of a man who needed a pacemaker–despite the urging of his own doctor and another doctor who was consulted for a required “second opinion,” the insurer delayed its approval, and the man died. The doctor insists that, had his patient had a timely procedure, he’d be alive today.)

There is no market in health care. There never will be. Hernias and heart attacks aren’t widgets and mousetraps; there is not and cannot be a level playing field where consumers have as much information and power as their providers–or where their providers have as much power as the insurers. Other countries have figured that out. And in those other countries, amazing as it may seem, big bad evil government has turned out to be more protective of patient needs than for-profit insurance companies beholden to their shareholders.

To suggest that “consumer-driven” healthcare is the future is to display profound ignorance of market economics.

I think it’s interesting how many “free market” ideologues like our governor have no idea how markets really work.

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I’m as Ethical as Scalia is NOT a Persuasive Argument

A couple of days ago, the Sierra Club, Citizens Action Coalition, Spencer County Citizens for Quality of Life and Save the Valley [update: the organization was Valley Watch, not Save the Valley] filed a petition asking Indiana Supreme Court Justice Mark Massa to recuse himself from hearing a case that will determine the viability of the controversial Rockport coal gasification facility. (I’ve written before about this boondoggle, birthed by political insiders and totally contrary to the free market principles to which the Daniels Administration paid so much verbal homage.)

Not even 20 hours after the petition was filed, Massa issued a ruling denying it. Clearly, the ruling had been written well beforehand–the lawyers who crafted the brief could have saved their (written) breath.

The argument for recusal rested on the long and intimate relationship between Massa and Mark Lubbers, whose personal fortunes are closely tied to the results of the lawsuit, and upon Massa’s friendship with and service to then-governor Mitch Daniels, who rammed the deal through over the qualms of both Republican and Democratic legislators. As columnist Charles Pierce wrote yesterday in his Esquire blog, “Massa couldn’t be more tied into the people who want to build the plant if he came to work every morning in one of those NASCAR firesuits festooned with logos.”

Massa’s ruling relied heavily on Cheney v. United States District Court, the infamous case in which Justice Scalia refused to recuse himself from a pending case despite the fact that he had gone duck hunting with the Vice-President–a named party— while the case was pending. Massa neglected to note that the Indiana Supreme Court, unlike the US Supreme Court, is governed by one of those pesky codes of ethics. (Can we spell “appearance of impropriety”?)

At least he didn’t defend himself by pointing out that Clarence Thomas sits on cases in which his wife has an interest, while he and Lubbers are just best buds. (Actually, relying on Scalia or Thomas for ethical guidance makes me think of that old adage about fish rotting from the head. But I digress.)

In a particularly disingenuous passage, Judge Massa wrote:

“I have a friend who works for General Motors; must I recuse if GM is a party to a case before our court?” he wrote. “All of us on this Court have many friends who are lawyers, some of whom appear before us, including several to whom I am closer and see more regularly than Mr. Lubbers. If mere friendship with these lawyers were enough to trigger disqualification, my colleagues and I would rarely sit as an intact court of five.”

Well Judge, if you had a friend who worked for General Motors, that would be a lot different than having a friend whose continued, highly lucrative employment depends upon a favorable verdict– a friend who got you your first political job 30 years ago, a friend with whom you have subsequently shared many meals and social occasions, a friend who was one of the very few invitees asked to speak at the robing ceremony when you were sworn in as Judge.

I’m disappointed, but not surprised. This is the man who, as a candidate for Marion County Prosecutor, ran an ad asserting that his opponent was unfit for the office because in his private practice he had represented a criminal defendant. (I know several Republican lawyers who had supported Massa until that ad ran, but based on its intellectual dishonesty, instead voted for Terry Curry.)

Massa evidently couldn’t see an appearance of impropriety if it bit him.

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Mayor Ballard’s Very Strange, Utterly Misplaced Priorities

Anyone who lives in Indianapolis and reads or listens to the news knows that Mayor Ballard recently vetoed a bipartisan measure passed by the City-County Council that would have increased the size of the police recruit class. He says we can’t afford it.

The news also confirms that Ballard is hell-bent on spending $6 million dollars to build a Cricket field.

A friend recently sent me the following clip from a news story, in which Ballard defended his priorities.

During an interview last week, Ballard grew impassioned when asked about the decision-making behind the nearly 50-acre sports complex and the shaky history of the United States of America Cricket Association. (It has new leadership after struggling to put on cricket tournaments in recent years.) He called local reaction to the plans “very upsetting.” “We have basketball courts, swimming pools, tennis courts, baseball fields — we have all these other sports — and these guys have nowhere to play rugby, hurling, lacrosse, Australian-rules football, cricket,” Ballard said. “Why are they not allowed to have their fields, too? … I think, as a mayor, that’s a good thing to be doing.”

Let’s deconstruct this. (I will try to do so without hurling.)

Because our parks have swimming pools and basketball courts, we have an obligation to offer cricket and lacrosse fields? Why not dodgeball (which actually has more fans than cricket, at least judging from Facebook likes)? How about people who compete in hammer-throw tournaments? Curling? Surely Ballard is not suggesting that this is some sort of equal protection issue–that taxpayers have an obligation to meet the sports needs of aficionados of even the least popular sports?

And I’m still debating the propriety of government providing golf courses…

If there is one thing on which virtually all Americans agree, it is that providing public safety is a government obligation. (That may be the only thing Americans all agree on.) Police may not be as exciting as cricket (actually, they are; I’ve seen cricket), but providing adequate police protection is–along with ensuring that we can flush–an absolutely basic government function.

So, as Ed Koch might have asked, how are we doing?

According to the Mayor’s own task force, the Indianapolis police force is short 685 uniformed officers. The national average is 2.5 officers per 1000 residents; the current IMPD ratio is 1.7 officers per 1000.

The murder rate in New York City is 3.4 per 100,000. The murder rate in Indianapolis is 17.5 per 100,000.

The City is shifting IMPD assignments in a desperate effort to put more cops on the street without actually adding personnel, but given our current staffing levels, that’s equivalent to rearranging the chairs on the deck of the Titanic. The Mayor’s own task force reported that there is no alternative to hiring more officers–redeploying may help at the margins, but there is no alternative to hiring more police.

Now, I’m not unsympathetic to the fiscal problems created by Mitch Daniels’ tax caps. (Caps that Ballard supported, unbelievable as that is.) Constitutionalizing those caps was brilliant politics, and terrible government. The caps starve units of local government of badly needed resources, requiring not only creative fiscal management (we are running out of public assets to sell off), but also those “hard decisions” that politicians talk about endlessly but rarely if ever actually make.

The Council’s proposal would have paid for the recruiting class only for the first year; the City would have to come up with the money to pay for the additional officers going forward. That would require hard trade-offs–at a minimum, fewer subsidies to local sports franchises, fewer cushy deals for developer friends of the Mayor. It might also require the Mayor to actually appear at the legislature–something he’s been loathe to do, especially if such appearances would interfere with one of his frequent “economic development” junkets–and petition our state-level rulers to get rid of the 40 plus “funds” that currently prevent Indianapolis from setting its own priorities.

The problem is, unless the citizens of Indianapolis feel safe, we can’t accomplish any of our other goals. We can’t revitalize neighborhoods. Economic development efforts will go nowhere. The bike lanes, the Monon Trail and the justifiably lauded Cultural Trail will empty. Downtown businesses will suffer. There will be a downward spiral that will make all other efforts immeasurably more difficult.

We have a real public safety crisis in Indianapolis right now–a public safety crisis that could undo the years of progress we have enjoyed.

And instead of focusing on that crisis and working with the legislature to address it, we have an utterly clueless Mayor who is spending what little political capital he has on a cricket field.

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No Lessons Learned from Litebox

Remember the embarrassing Litebox episode? The City and State were offering incentives to “entrepreneurs” who turned out to be little more than con men. The President had a string of liens and unpaid bills, and people knowledgable about the industry said the business plan displayed a lack of understanding of the manufacturing process.

At the time the Lightbox fiasco was uncovered, critics noted that a cursory Google search would have uncovered the problems.

Fast forward to Cricket.

Mayor Ballard is obviously enamored with the idea that Indianapolis will be a Cricket venue–so enamored, in fact, that he prefers to fund Cricket fields rather than the additional police the city so desperately needs. He has ignored bipartisan concerns of the City-County Council, and is moving forward, with an announcement that Indianapolis will host the next three national Cricket Championships.

So what does a cursory Google search tell us about the USA Cricket Association and support for cricket generally? Well, the USACA has no scheduled domestic tournaments for 2013 and has not held a 50-over national championship since 2010. Despite Ballard’s rosy predictions of large turnouts,

“Poor spectator turnout for domestic events has been a routine problem for tournaments staged in Lauderhill, Florida at the $70 million Central Broward Regional Park. After opening in 2008, USACA held their Men’s 50-over National Championship at the 5000 seat stadium in Florida in 2009 and 2010, during which not more than a few dozen people attended. Roughly the same amount of spectators turned out this March for the 2013 ICC Americas Division One Twenty20 tournament, which USA won 8-0 to clinch a spot at the 2013 ICC World Twenty20 Qualifier. None of the matches were broadcast on TV or radio.

“Not one of those events puts anybody in the stands,” said Lauderhill Mayor Richard J Kaplan in an interview with ESPNcricinfo in April. “It doesn’t sell one ticket. I don’t need a multi-million dollar stadium with 5000 permanent seats to sit there with nobody using it.”

Other information readily available through a Google search includes lawsuits against the USACA by California and other regional members, and sanctions from the International body.

Now, maybe all of these problems have been resolved. Maybe they haven’t. I’d feel a whole lot better if I thought anyone in the Administration had taken the time to investigate.

Or even just Google.

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Quick–More Lipstick!

As Mike Pence has doggedly pursued his “Look, Ma…I’m really a moderate!” remake, I’ve heard several people describe the effort with that old saying about putting lipstick on a pig.

Problem is, no matter how much Revlon you slather on that porker, it’s still a pig.

During a meeting attended by a variety of health agencies last week, when the subject of health outreach at Black Expo came up, attendees were told of a new directive issued by the Governor’s office. No agency receiving state funds may distribute condoms. That prohibition includes–but, as we lawyer-types like to say, is not limited to–Black Expo.

According to the Staff person delivering this news, this edict was justified by the fact that “only married people should have sex.” (And I guess they’ll have to buy their own condoms.) Evidently, no one in attendance suggested an obvious fix–that anyone receiving a condom be made to submit an affidavit to the effect that 1)he is married; and 2) he will use it only when having sex with his wife.

Pence is obviously unaware of a 1972 Supreme Court case (Eisenstadt v. Baird for my fellow nerds) directly on point. The Court said unmarried people have the same right to possess contraception as married ones. But then, our Governor is still insisting that Marbury v. Madison, the case that established judicial review, was wrongly decided.

Of course, Pence doesn’t look to the law for guidance anyway. He looks to his bible and like Micah Clark, he reads it literally.

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