Time for Ballard to Go

The City of Indianapolis is seeking bids for a massively expensive Justice Center. This huge and complex project–which makes a lot of sense, conceptually–is being headed up by a twenty-something administrator on behalf of the Ballard Administration.

The Indianapolis Business Journal requested a copy of the Request for Proposals the City issued in July. Its request was denied, and the excuse for that denial was so ridiculous that even the Pence Administration’s public access counselor has protested.

The City is claiming that the information in a Request for Proposals is confidential. Think about that.

An RFP is supposed to be publicly distributed to any and all developers or development teams that might conceivably be interested in bidding on the project. By definition, the information it contains is public, and the IBJ–not to mention members of the City-County Council who have also been kept in the dark–are entitled to see it.

Marc Lotter, the Mayor’s spokesman, responded that the RFP was released to “three qualified bidders,” and that it would not be made public until after a successful bidder has been chosen.

Why would an honest, aboveboard administration hand-pick three bidders, and proceed to share information only with those developers? Why would it keep the terms of the proposed project secret until the City is legally committed to proceed?

The whole purpose of an RFP is to cast a wide net; to encourage genuinely competitive proposals from anyone or any team qualified to perform. “Pre-selecting” those who will be permitted to respond undercuts the entire purpose of the exercise.

At best, pre-selection of a small group of developers makes it likely that responses will be less competitive and the project will be more expensive. At worst, secrecy and pre-selection are intended to ensure that the “right” people get the City’s business.

The Justice Center is estimated to cost over $500 million dollars. Quite a plum project. When that much tax money is being spent, the need for transparency–the need for public assurance that the project is being handled ethically and in a fiscally-responsible manner– is obvious.

The City says that the RFP contained “trade secrets” necessitating secrecy. As the public access counselor noted, “If an RFP sent out into the marketplace does indeed contain trade secrets, it stands to reason that the secret is out once it goes to potential contractors.”

Unless, of course, those “secrets” are only going to one’s cronies.

Up to this point, I have attributed the many ethically dubious decisions of the Ballard Administration (the 50-year lease of our parking infrastructure, the garage no one uses in Broad Ripple, etc.) to those advising our “accidental’ Mayor, who has always seemed in over his head.

Maybe I  have underrated him. Maybe he really does know what he’s doing.

Either way–puppet or puppet master–he needs to go.

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When a Video is Worth a Thousand Words….

Many of you have undoubtedly seen this clip from the Daily Show, in which Jon Stewart eviscerates members of the Committee on Science, Space and Technology. If you haven’t, you need to watch it; if you have seen it, you may want to watch it again, just to confirm that, yes, these really are people making policy for the world’s most powerful nation.

Either way, once you have watched members of our nation’s national legislature make complete and total fools of themselves–once you have cringed at the level of intelligence (not) displayed, and the pride and self-satisfaction with which they trumpet their embarrassing ignorance of even the most basic science–perhaps you can answer two questions that continue to confound me:

How do people like this get elected?

Why in the world are they on the Science, Space and Technology Committee?

For that matter, what is this appalling excuse for a patriot doing on the Armed Services Committee?

We really are doomed.

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Read My Lips: No Heckler’s Veto

I sure wish those Faux News pundits who claim to revere the Constitution actually knew what was in it.

Evidently, Satanists in Oklahoma City are planning to hold a “black mass.” Whatever that is. Now, insofar as we can tell, these folks have been entirely peaceful–however much their views may offend  adherents of more traditional doctrines, the only “harm” they’ve inflicted has been to religious sensibilities.

Enter know-nothing Tucker Carlson.

Tucker Carlson opined that the Satanic leader “clearly just wants publicity.” He asked if “Christians are playing into his plan” by protesting. In response to whether Christian should ignore him, Fr. Morris said that everybody needs to do what they think is best, such as talking about it on Fox. He encouraged prayer for the Satanic leader’s soul. When Clayton Morris interjected that the city is standing on free speech, Fr. Morris asked “what about if I want to desecrate a Koran…and speak pro-Nazi stuff right in front of my church and get people all fired up on a public sidewalk.”  (The Satanic mass is not being held on the street). Despite his (and Fox’s) belief about limited government, he opined that “government has to step in and say you can’t incite violence in the name of free speech.” The chyron validated his point: “First Amendment Foul, City: Constitution Protects Right to Gather.”

This approach–oh, no, we can’t let [fill in the blank] speak, because what they have to say will anger people and spark civil unrest. We have to shut them down in order to preserve the public peace!–was the argument used across the American south to shut down people like Martin Luther King. It’s called the Heckler’s Veto, because it allows “hecklers”–people who disagree with what is being said–to veto the message.

The courts have consistently ruled that they can’t do that. The message from the bench has been clear: If the authorities are genuinely worried about breaches of the peace, they need to beef up security, not shut the speaker down.

Isn’t it interesting how many pompous frauds want the protections offered by the Bill of Rights for themselves–but don’t want those same rules applied to others?

I have news for Tucker Carlson: It’s only freedom when it applies to everyone. Even people you don’t like. If the government gets to pick and choose who gets to assert a right, it’s no longer a right. It’s a privilege.

And privileges can be revoked.
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Mitch Evidently Started a Trend

According to Business Insider, Florida Governor Rick Scott has “pulled a Mitch” at Florida State University, appointing Trustees who then (what a coincidence!) appointed his campaign manager and crony as president.

According to The Times-Union, the state senator’s final interview with the FSU Board of Trustees Tuesday “came despite opposition to Thrasher from faculty and students expressing concern about the school’s reputation and the need for the next leader to have stellar academic credentials.”

Jennifer Proffitt, the president of the FSU chapter of the United Faculty of Florida, told The Times-Union that “It’s clear [Thrasher] does not have the qualifications to lead a research university.”

Thrasher is a former Florida house speaker and chairman of the Republican Party of Florida. He graduated from FSU for both his undergraduate and law degrees.

The Times-Union reports that Thrasher had the opportunity to speak to hundreds of students and faculty last week at an open forum. Of the close to 700 responses collected after the talk, 11% gave Thrasher ‘good’ grades, while 87% gave him ‘not good’ or ‘below average’ marks,” according to The Times-Union.

Another criticism of Thrasher is his close connections to many of the FSU trustees — most were appointed by Florida governor Rick Scott, whose campaign for re-election is managed by Thrasher. (emphasis mine)

The justification for placing politicians in these positions is that they will be good fundraisers. It is evidently irrelevant that they do not share the values of the academy–or even understand the mission of a research university. They are spectacularly unfit for the job of protecting scholarly inquiry and academic freedom.

Sic transit intellectual integrity and institutional credibility.

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It Seemed Like a Good Idea at the Time

The Washington Post recently ran a series of reports about civil asset forfeiture; in the wake of those articles, which were very critical, two of the lawyers who first proposed the approach, John Yoder and Brad Cates, penned a response. Rather than taking a defensive posture, however, they began with an admission that the program had failed.

Last week, The Post published a series of in-depth articles about the abuses spawned by the law enforcement practice known as civil asset forfeiture. As two people who were heavily involved in the creation of the asset forfeiture initiative at the Justice Department in the 1980s, we find it particularly painful to watch as the heavy hand of government goes amok. The program began with good intentions but now, having failed in both purpose and execution, it should be abolished.

The idea, they wrote, had seemed so simple: “Seize the ill-gotten gains of big-time drug dealers and remove the financial incentive for their criminality. After all, if a kingpin could earn $20 million and stash it away somewhere, even a decade in prison would have its rewards. Make that money disappear, and the calculus changes.”

But as they note, since that relatively modest beginning, the concept has been steadily expanded: first,  to include not only cash earned illegally but also purchases or investments made with that money. The property eligible for seizure now includes “instrumentalities” in the trafficking of drugs, such as cars or even jewelry. Eventually, more than 200 crimes beyond drugs came to be included in the forfeiture scheme.

Even at the outset, the use of seized property was an issue. Drug Enforcement Administration agents, for example, might see a suspected dealer in a car they wanted for undercover work and seize it. But if the car had an outstanding loan, the DEA could not keep it without paying the lien. This led to distorted enforcement decisions, with agents choosing whom to pursue based on irrelevant factors such as whether the target owed money on his car.

As time went on and states got into the forfeiture game, the uses became more personally rewarding for law enforcement. Maintaining an undercover identity was often no longer even part of the justification for seizures.

Law enforcement agents and prosecutors began using seized cash and property to fund their operations, supplanting general tax revenue, and this led to the most extreme abuses: law enforcement efforts based upon what cash and property they could seize to fund themselves…

Anyone who knows a criminal defense lawyer has heard horror stories about innocent people caught up in law enforcement behaviors that look more like extortion than policing. Worse, these behaviors are totally inconsistent with the constitution. As the authors say:

Our forfeiture laws turn our traditional concept of guilt upside down. Civil forfeiture laws presume someone’s personal property to be tainted, placing the burden of proving it “innocent” on the owner. What of the Fourth Amendment requirement that a warrant to seize or search requires the showing of probable cause of a specific violation?

When the folks who dreamed up these laws in the first place tell you they’ve outlived any usefulness they may once  have had, it’s probably time to get rid of them.

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