Local Government – Page 8

Hamilton County And An Age-Old Story…

Back in 1995, when I was still at Indiana’s ACLU, I wrote a column about a “recurring fantasy” of mine, which I described as follows: a caveman discovers that he can produce drawings of the animals he hunts on the walls of his cave. Excited by the possibilities of his art, energized by the creative act, he produces a drawing–only to have it rubbed angrily off the cave wall by someone in his tribe who declares that the depiction of animal genitalia is indecent.

The first artist encounters the first censor, and a dynamic is born that is with us still!

Here in Indiana, there has been a takeover of the Hamilton County library board by some current descendants of my imagined angry tribesman. (Hamilton County is one of the “doughnut counties” surrounding Indianapolis, which occupies all of Marion County.)The new board immediately moved to “protect” children by requiring the library staff to review all of the books available to teenagers in the Young Adult section (at an estimated cost to the taxpayers of $300,000 ). Reports are that, out of the 1,859 physical books examined thus far, 1,385 have been moved from the Young Adult section to the Adult or General section.

One of the book moved was John Green’s best-selling “The Fault in Our Stars,” and Green sent–and publicized– an appropriately outraged message to the Board, triggering a national outcry, and a local petition to “Stop Censorship at Hamilton East Public Library.” (When I last looked, that petition had garnered some 3500 signatures.) As I write this, the turmoil has resulted in the (welcome) replacement of the library board’s president, a strong supporter of “protecting” children from reading about things they can easily access on the internet and elsewhere.

The insistence that this exercise has been in furtherance of “parental rights” is equally ridiculous; a genuine concern for parental rights would respect the rights of all parents to determine what materials their children can access–not the right of some parents to determine what everyone else’s children can read.

No one said these people are smart. Just rabid.

I confess that I have never been able to understand the frantic need of so many of our fellow-citizens to control the habits and behaviors of the rest of us–habits and behaviors that do not affect them.

Nat Hentoff once wrote that the human animal’s urge to censor is stronger than its sex drive. In my days with the ACLU, I dealt regularly with folks who were absolutely convinced that they knew better than you and me what books we should read, what art we should see, and what musical lyrics the government should allow us to hear.

For those of us who believe that ideas matter, that literature and art are intensely important activities through which humans explore ideas, censorship poses a threat to our most important values. The government that can determine which ideas are worthy of consideration– and/or the age at which we should be allowed to consider them– is a government with power over the most important of all human functions–the power of the intellect.

In my long-ago fantasy, the caveman and his critic take their respective arguments to the leader of the cave clan. The censor insists that he and his friends find the drawing indecent, and argues that allowing smut in the cave will debauch the children and undermine the clan’s community standards. Another member argues the case for the artist: a society unwilling to consider all ideas will never leave the caves, will never reach the stars. A society willing to be ruled by the fears of the many will be deprived of the genius of the few.

In my dream, the leader considers the arguments and rules in favor of freedom of artistic expression. Civil liberties are born.

That, of course, was my fantasy. It remains to be seen whether civil liberties–not to mention common sense– will prevail in Hamilton County….Or, for that matter, elsewhere in Indiana.

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What Is Rokita So Worried About?

Even before Donald Trump made it impossible for rational people to remain in the GOP, Indiana had more than its share of deeply problematic Republican officeholders. The office of Attorney General, especially, has often been occupied by ideologues and cranks. (I particularly remember the stories that lawyers shared about “General” Sendak. And more recently, there was Curtis Hill, who hasn’t let his 3-month disbarment for inappropriate “groping” deter him from running for Governor.)

That said, it’s hard to identify an Attorney General more pathetic than the current occupant of that office. Todd Rokita is the “real deal”–if you define “deal” as unethical, monumentally ambitious, self-important and totally un-self-aware.

I’ve posted several times about Rokita, beginning when he was a Congressman accused of abusing his staff and more recently as he has relentlessly attacked the doctor who aborted a ten-year-old rape victim. Rokita accused her of failure to file paperwork, despite the fact that it took only a cursory check to confirm they’d all been properly submitted.

Rokita regularly falls over himself pandering to the Hoosier MAGA crazies who oppose abortion, hate gays and want to outlaw “woke-ness” (which they can’t define.)

Being AG is a full-time job, but when Rokita first took office, he tried to keep (and hide) a lucrative side hustle (details at the link). Now, the Indianapolis Star has discovered that he requires lawyers working for his office to sign wide-ranging non-disclosure agreements.

Indiana Attorney General Todd Rokita’s employees are signing nondisclosure agreements that could cost them $25,000 if they share personal information about the AG — an unusual policy for state office and one that sets him apart from almost all other attorneys general in the country.

The contract, which IndyStar obtained through a public records request, gives Rokita and his staff the power to decide what information counts as confidential. It covers “personal or private information” about the attorney general, his employees and their families.

State offices here and dozens of other states’ attorney general offices told IndyStar they don’t have their employees sign contracts like this. Rokita’s office stands by it, however, and says its employees “understand this requirement” before they agree to work there.

Rokita doesn’t want his own information to be public, but his privacy concerns don’t extend to anyone else. In a letter he signed onto last month, Rokita opposed a federal proposal to block state officials from accessing information on residents’ reproductive health care services obtained outside the state.

Experts who reviewed Rokita’s NDA said it raised concerns about constraints on free speech and about the public’s right to know about the conduct of public business.

“The (NDA’s) definition of ‘confidential information’ seems designed to shield public officials from scrutiny,” contract law expert Michael Mattioli told IndyStar. “And that’s an essential part of living in a well-functioning democracy.”

Rokita declined to be interviewed. Instead, an office spokesperson sent a statement: “For any professional or executive, signing an NDA is a conventional office practice that has worked well to protect clients and employees alike.”

I haven’t practiced law lately, but in my lawyering days, signing a non-disclosure agreement was unheard of–and when I asked friends who still practice, most confirmed that it remains very unconventional.

According to the Star,

The contract essentially gives Rokita and the AG’s office control over what an employee can say, both during and after employment. The stated rationale is that the employee will be “privy” to information that could be protected by laws and state professional conduct rules.

Typically, when information is protected by professional conduct rules, professionals can be trusted to observe those rules. An NDA isn’t needed. As the Star correctly notes, state and federal laws already protect confidential information received by public employees.

But it doesn’t stop there. It says Rokita and his office ultimately have the power to decide what information fits the definition of “confidential.”

That includes “all material, non-public, information, written, oral, or electronic … that is disclosed or made available to the receiving party, directly or indirectly, through any means of communication or observation …” The category also shields “personal or private information” about Rokita and his staff.

No other Indiana State office requires NDAs, although several deal in as much “sensitive” information as Rokita’s. AGs in most other states haven’t found the practice necessary.

Rokita’s overweening ambition probably plays a role– his appearances on Fox News and a trip he took to the U.S.-Mexico border last year have been widely panned as “headline shopping.” Given Rokita’s appetite for higher office, the sort of disclosures that might emerge–his “side hustle” comes to mind–would be distinctly unhelpful.

One ethics professor found the contract a “reprehensible attempt to intimidate.”

Makes one wonder what Rokita’s so intent on hiding….

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Quality Of Life

In a post a few days ago, I considered the GOP’s current definition of “crime”–noting that, to Republicans, breaking federal rules is no longer criminal, and locally, “crime” only happens in Blue cities and states.

It’s another example of the widening perceptual gap between urban and rural Americans. City folks are increasingly Democratic; rural inhabitants increasingly Republican/MAGA.

Ideally, the decision where to live wouldn’t be viewed as political. Some people like owning tracts of land and being close to nature; others (like your truly) appreciate the energy generated by density and diversity. It is–or should be– simply a matter of individual preference.

Of course, it’s never that simple. Public policies matter.

There are measurable reasons that some places in America attract people, while others are emptying out. (Ironically, Red state culture war policies inflict the most damage on rural areas where residents are most supportive of those policies– anti-abortion laws have accelerated the departure of all doctors, not just ob-gyn practitioners, and educational vouchers hurt public schools in rural areas where thin population cannot support private alternatives).

For those who have a choice, the decision where to live often depends upon the perceived “quality of life,” an assessment of the amenities that make a city or state attractive to a majority of potential businesses and individuals.

Michael Hicks recently shared what the data tells us about that question.

Hicks began by noting that most of Indiana (and the Midwest generally) is in economic decline. Projections are that more than 50 Hoosier counties will experience a declining population through 2060.

A dozen counties will be projected to grow faster than the nation through 2060. The remaining 30 or so will be projected to grow more slowly than the national rate—a pattern known as relative decline. Indiana and the Midwest will still be prosperous, in a global sense. But, relative to most of the nation, the coming decades will see us slipping farther away from the nation.

Research has identified the characteristics of places that do continue to attract residents.

Growing places almost always have most of the same positive attributes. Their schools are good and attractive to families, they are safe, their residents are better educated than average, and they have growing housing stock with good public infrastructure. Growing places enjoy recreational options, both private and public. And, there are few barriers to employment or starting a business, such as restrictive occupational licensing or heavy regulatory burdens

Research tells us that–duh!– when people aren’t moving to an area, it’s because they don’t wish to live there.

The primary reason people don’t wish to live in a place is that it doesn’t have the neighborhoods they want. The reasons for not moving to a place are as varied as human interests. But, for the median family, the common factors are that schools aren’t sufficiently good, crime is too high or infrastructure is too decayed.

That research also tells us that policymankers’ preferred emphasis on “economic development”–luring businesses–is misplaced. As Hicks notes,

No matter how successful a community is at luring new factories and warehouses, unless you can attract their highly paid workers to your town, it will have no lasting effect. If your business attraction efforts make your community less desirable for people, it will actually weaken your local economy. It is a costly business with inherent risks.

In the post-COVID world, people are increasingly mobile, making business attraction less important. Here there is some new policies. Some places are trying to attract remote workers through financial incentives. It is possible someone will figure out a magic incentive. However, the evidence I’ve seen suggests that fundamental conditions such as good schools, safe neighborhoods and recreational opportunities trump financial incentives every time.

Hicks stresses the importance of local government. I absolutely agree–in theory. Unfortunately, in Indiana, municipal governments are severely constrained by our retrograde state legislature.

In Indiana, cities and towns don’t have anything remotely like home rule: It took three legislative sessions to get permission to vote on a local tax to fund adequate transit. When Bloomington tried to ban plastic grocery bags, the legislature passed a bill divesting local governments of authority to do so. Education policies are dictated by a General Assembly determined to privatize public education. For years, dollars for street repair have been doled out based on “lane miles,” irrespective of the difference in traffic counts/wear and tear–a lane on a little-used county road gets funded the same as a lane on a traffic-choked Indianapolis thoroughfare. And efforts to address the number of guns on city streets run headlong into the resistance of “Second Amendment” fanatics in the Statehouse.

Those few among our legislative overlords who understand what Hicks is saying don’t care.

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Who Should Vote?

I have an old, ratty t-shirt that says “Corporations are not people.” It dates back to the (in)famous exchange between a heckler and Mitt Romney, in which Romney–then the Republican candidate for President–proclaimed that “Corporations are people, my friend.” Needless to say, that declaration didn’t win him many votes. After all, corporations don’t vote.

At least, not in most places. Yet.

A reader of this blog recently sent me a CBS News article about a Delaware town planning to extend the franchise to “corporate citizens.”

Seaford, a town of about 8,000 on the Nanticoke River, amended its charter in April to allow businesses — including LLCs, corporations, trusts or partnerships — the right to vote in local elections. The law would go into effect once both houses of Delaware’s state legislature approve it.

The proposal has rekindled a debate over how much power corporations should have in local government, with fierce opposition from civic interest groups who say businesses already wield too much influence over politics.

“It was very shocking to see this attempt to have artificial entities have voting rights,” said Claire Snyder-Hall, executive director of Common Cause Delaware, a watchdog group.

Delaware is probably the most “corporate-friendly” state in the U.S., with business laws so favorable to the corporate form that the state boasts more than 1.8 million entities registered there. According to the linked article, companies outnumber human residents by nearly two-to-one.

This effort would seem to be the flip side of the widespread efforts to suppress the votes of human citizens. Whatever the merits of the proposal (admittedly, I’m at a loss to identify those), allowing artificial persons to cast ballots would dilute the votes of actual people. I assume that’s the goal–giving the ballot to corporations would certainly tilt the playing field further in the direction of the communities’ business interests.

In all fairness, when human voters fail to show up at the polls, they bear considerable responsibility for their subsequent loss of voice. What’s that phrase? Use it or lose it…

Legislators have cast the change as a fix for low turnout in municipal elections and a way to attract business owners to the community.

“These are folks that have fully invested in their community with their money, with their time, with their sweat. We want them to have a voice if they choose to take it,” Seaford mayor David Genshaw told local station WRDE. Genshaw cast the deciding vote in a split City Council decision on the charter amendment in April, according to The Lever.

According to Delaware Online, there are 234 entities, including LLCs, trusts and corporations, headquartered in Seaford — a significant number for a town where an April election only garnered 340 votes.

It appears that other Delaware towns already allow corporations to vote, with results that might have been predicted:

In 2019, it was revealed that a single property manager who controlled multiple LLCs voted 31 times in a Newark, Delaware, town referendum, an incident that led Newark to amend its rules. And residents in Rehoboth Beach in 2017 beat back a proposal to allow LLCs to vote.

Delaware has long been noted for being “corporation friendly,” but until I read this particular news item, I didn’t realize just how friendly. The state allows owners of LLCs to stay anonymous. It relieves businesses of the “burden” of paying corporate income taxes. And as every business lawyer knows, the vast majority of corporations headquartered in Delaware– including two-thirds of Fortune 500 companies– don’t have a physical presence there.

American laws do consider corporations “people” for certain very specific purposes–doing business in the corporate form encourages economic activity that benefits us all. If you start a business and it goes broke, your personal assets can be protected from the business’ creditors. Without that protection, many fewer businesses would be formed. And–giving Romney credit for what he evidently meant in that infamous exchange–corporations are indeed formed, managed and owned by real people.

But in a society where the economic gap between the haves and the have-nots is uncomfortably large and continuing to grow–a country where legal structures already favor those with money and status– giving the already-privileged an extra tool to cement and augment their already significant advantages doesn’t seem like a particularly good idea.

The preamble to the Constitution of the United States begins with “We the People.” I’m pretty sure the Founders didn’t intend that “people” reference to include corporations.

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Good News About News

For the past several years, I have shared my growing concerns about America’s information landscape. One of those concerns revolves around the fragmentation–and increasing partisanship–of national coverage, a process that has contributed to our polarization and corresponding retreat into those often-impenetrable “bubbles.”

The “Fox-ification” of national media sources has been widely covered. But there’s been another less recognized and very unfortunate effect of today’s still-robust (albeit often less credible) national news coverage: thanks to the collapse of local news, Americans have been living in a nationalized information environment.

I’m not going to repeat the gloomy statistics about local news “deserts.” We’ve all seen them–and worse, experienced them. Thousands of local newspapers have simply disappeared, and others–owned by large, profit-hungry corporations like Gannett–richly deserve the appellation of “ghost newspapers.”

The lack of local coverage has had very negative consequences. It rather obviously facilitates political and governmental corruption–after all, if no one is looking…But the negative consequences go far beyond the shenanigans of local and state poo-bahs. The lack of a common source of information erodes the bonds of community, the sense that those of us who occupy a particular geographic subdivision have both common concerns and sources of pride–that we are “in it” together.

Which is why I have been so gratified to see several new entrants into our local news desert, and why I was absolutely thrilled when I heard, at a recent gathering, that yet another is on the horizon.

As the Statehouse File (a Franklin College product) reported:

Local news coverage is beginning to thrive in Indiana with several online news organizations taking root and a new newsroom to be opened by the end of the year.

VOX Indy and Chalkbeat Indiana hosted a panel Tuesday in Indianapolis that highlighted these changes in Indiana’s news market while discussing the future of local news.

The panel discussed nonprofit outlets emerging in Indiana and what this emergence portends for media consumers. As panelist Karen Fusion put it,

“I believe, and national research shows, that journalists and local news help connect people to their communities and help support our democracy,” said Fuson. “With such a significant decline in journalists, I believe information that we all need to live our day to day lives is not being provided to us. And so that, in my mind, is a crisis impacting our democracy.”

I am particularly enthusiastic about the planned Local News Initiative and the promise–noted by all the panelists–of collaboration among these recent and planned media outlets. The Local News Initiative (which will probably launch under a different name) plans to go live later this year. It’s a new nonprofit–it was formed by a coalition of locally based organizations working with the American Journalism Project, and its mission is to provide residents with accessible local news that reflects the community’s needs. Indiana organizations and philanthropies raised $10 million to create it.

The need for the Initiative was shown in a comprehensive study done by the American Journalism Project. The study found that ‘more than 1,000 Hoosiers across 79 counties said they needed more unbiased, fact based information about their communities’ according to the Indiana Local News Initiative site.

The goal of the American Journalism Project is to fill gaps in local news by launching nonprofit organizations, facilitating investments in partner news organizations and fostering collaboration between local news outlets.

Fuson said the Indiana Local News Initiative is committed to making communities feel heard. This means implementing the feedback Hoosiers give by creating a news room that represents the population, having reporters out in the community on a regular basis and including residents wherever possible.

The commitment of the philanthropic community evidences a (somewhat belated) recognition of the absolutely vital role that local news plays in the building of healthy communities. The emphasis on collaboration between outlets (including the IndyStar, WISH-TV, WFYI, the Recorder, Arnolt Center for Investigative Journalism, Chalkbeat Indiana, Hoosier State Press Association, The Indiana Citizen and several others) is especially important, because building genuine community requires people who are occupying the same reality–and that requires swimming in the same information pool.

My inner Pollyanna (yes, I do have one!) came away from that presentation looking at the bright side of the wrenching changes that have doomed so many local “legacy” news organizations. These new media providers don’t need to buy paper or enormously expensive printing presses, don’t have distribution costs, and apparently won’t require advertising dollars to support their newsrooms. They can focus their resources on reporting.

Maybe flowers will bloom in the desert after all….

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