Good Question

A friend has shared with me a letter written by U.S. Representative Henry Waxman to one Deborah Holt. The crux of the inquiry is in the following paragraphs:

“According to lobbying disclosure documents filed with the U.S. Senate, you were retained by the State of Indiana to lobby regarding the proposed Keystone XL pipeline. I al11 writing to request a briefing in order to better understand the State of Indiana’s interest in Keystone XL.

On January 24, 201 2, in responding to President Obama’s State of the Union address, Indiana Governor Mitch Daniels criticized President Obama’s recent decision to deny a permit for the proposed Keystone XL oil pipeline. I I have subsequently learned that in the fourth quarter of 2011 you received $50,500 in state taxpayer funds as a lobbyist for the State of Indiana, including for lobbying related to Keystone XL. 2 This seems unusual as the State does not have an obvious interest in seeing the Keystone XL project constructed. The proposed route for the Keystone XL pipeline does not pass through the State of Indiana, nor does it come close to the State’s borders; the nearest the:proposed route would approach would be hundreds of miles away in Nebraska and Kansas. Indiana facilities would not have access to the pipeline, nor would it appear that Indiana would particularly benefit from any economic activity associated with the construction of the pipeline. According to reports, TransCanada has contracted to purchase its steel from India – not from u.s.steel producers. The State of indiana thus appears to receive no clear benefit from the construction of the Keystone XL pipeline.”

Waxman goes on to quote the Canadian company building the pipeline to the effect that the project will increase oil prices in Indiana and several other states, so consumer concerns were evidently not a motivation for this interesting use of taxpayer dollars.

The amount of money involved is not great, but in a down economy, when Indiana taxpayers are being told we lack money for public education and other public services, when our fiscal shortfall is the reason Governor Daniels has given for laying off government workers, why are we spending scarce public dollars lobbying for a project that will not benefit us, and in which we appear to have no articulable interest?

Inquiring minds want to know.

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Dealing with the Embarrassment

I logged onto the Star’s front page this morning, only to discover that Matt Tully had already written my intended post.

It’s embarrassing. Even those of us who hate football have to be impressed with the skill and energy and sheer hard work that has gone into SuperBowl preparations. Even those of us who disagree with the city’s persistent prioritizing of sports arenas over, say, schools and parks, have to be impressed–and considerably mollified–by the use of this particular sporting event to trigger reinvestment in the near-Eastside neighborhood. And even Indy dwellers who are urbanists with a permanent sense of our inferiority to great cities like Chicago and New York have to take pride in the ability of Indianapolis to rally thousands of volunteers, master complex logistics, and throw one hell of a party. (I just passed the amazing ice sculpture of the New York skyline that appeared overnight next to the firehouse on Mass Avenue. Very cool–in both senses of the word!)

And then there’s our legislature.

Tully compares the General Assembly to that weird cousin everyone has, and asks visitors to simply discount them. And there is certainly more than a grain of truth in that observation. Just like the weird cousin who is so fixated on his collection of Star Wars figurines he can’t carry on an adult conversation, Indiana’s lawmakers are so firmly rooted in their alternate realities they can’t be bothered to do the state’s business. After all, if they paid attention to water pollution or public transportation, who would undermine science education or ensure the proper singing of the national anthem?

That said, the spectacle that is the Indiana General Assembly can’t all be attributed to its rampant assault on science and reason. The anti-Indianapolis resentment that has long characterized our state legislature has played a prominent role, and it has been aided and abetted by a Governor who knew exactly what he was doing.

A video of a speech Mitch Daniels gave barely a year ago has been all over Facebook and local blogs; it shows the Governor disclaiming any interest in proposing a “divisive” Right to Work law, which he accurately described as something that would set off a “civil war.” Leaving aside the merits–or lack thereof–of the law itself, why would the Governor reverse himself and promote a measure he clearly knew would enrage thousands of Hoosiers at the very time the state capitol would be hosting the SuperBowl?

Hosting an event of this magnitude is a once-in-a-generation opportunity to put our best foot forward, to use our brief visibility to impress potential visitors and employers. It’s bad enough that the usual buffoonery at the statehouse is an embarrassment, potentially undermining the efforts of countless volunteers. It’s inexcusable that the Governor and Speaker–who actually do have IQs–preferred an opportunity to weaken Indiana’s few remaining unions over a chance to support the efforts of citizens who have worked countless hours to host this event.

At the end of the day and despite our sorry excuse for state government, Indianapolis will still shine. Most visitors will accept Tully’s (apt) characterization of our horrendous legislature, if they think about it at all. But those of us who live in Central Indiana need to remember who embarrassed us in February–and we need to deal with them in November.

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The Power of Framing

During one hour of television tonight, I heard four repetitions of an ad in which Mitch Daniels explains that “this one simple law”–the deceptively named Right to Work law–will bring jobs to Indiana, and keep people from being forced to pay union dues. It was extremely well done.  Once during that hour,  I saw a much less persuasive ad calling Right to Work an “attack on working people.” Daniels had specific points to make; the opposing ad simply claimed the bill would be bad for workers. Advantage: Daniels.

Unfortunately for the policy process, Daniels’ specific points were simply untrue. The union ad would have been considerably more effective had it pointed that out.

Let’s begin with the way the administration is framing this issue. People shouldn’t be “forced” to pay “dues or fees” as a condition of employment. Put that way, it seems like a very reasonable position. But let’s ask a slightly different–and arguably more accurate–question: should some people be forced to provide services to their co-workers for free?

Let’s try an analogy: Let’s say you are a dues-paying member of a social club, and a guy you know says he want to come to the parties and enjoy the refreshments, but he doesn’t want to join the club. Fine, you say, just pay for your food and drink. But the visitor doesn’t even want to do that–indeed, he is highly offended by the suggestion.

That’s what Right to Work is really about–letting some folks “mooch” off the efforts of others.

Under current labor laws, no one has to join a union. But if you go to work in a union shop, you are required to pay your fair share of the costs of negotiation–your share of the amount paid to the people who represent you in dealings with management. You are required to pay for a benefit you receive. That’s it.

A lot of claims are being made by those who want to see this law passed, and most of them are either blatantly untrue or incredibly misleading. For example, the National Right to Work Committee has issued a “Fact Sheet” claiming–among other things–that job growth in Indiana was slower than the average job growth of Midwest states with Right to Work laws. Daniels echoes that assertion in his TV ad– but the claim is “true” only because one of those states is North Dakota, where oil fields were recently discovered, leading to a huge boom. If you exclude North Dakota, the remaining Right to Work States averaged a net job loss. Similarly, the Committee lauds Texas, a Right to Work state, for its job creation during the past decade–without bothering to mention that Texas’ job growth was all in the public sector, and entirely due to the growth of government–Texas private sector actually lost jobs during the past decade.

Other claims were similarly misleading. Independent research–as I noted in a previous post--finds absolutely no relationship between job creation and Right to Work laws, either positive or negative. The only documented effect of such laws is to weaken unions and reduce wages for both union and non-union workers.

So–one might ask–why is the Governor so determined to enact this legislation that he is willing to spend a fortune airing highly misleading TV ads? Why is he so intent upon ramming this through that he was willing to impose “safety” regulations that would keep union members from filling the Statehouse, until the public outcry made him rethink that tactic? The only reason I can think of is because such laws hurt unions, and unions generally support Democrats. It’s purely political.

But you’ve got to give Daniels and the Republicans credit: they are one hell of a lot better at framing this issue than the Democrats are in explaining it.

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Why Doesn’t Mitch Want to Testify?

Governor Daniels was the “hands on” manager responsible for Indiana’s failed effort to privatize welfare eligibility determinations in the state. He originally bragged that the move was his idea, and when it proved to be a huge mess, he was admirably forthright about taking the blame. While I’ve not read his book, friends who have read it say that those admissions and regrets made it into print as well.

So why is he doing everything he can to avoid testifying about it?

IBM has sued the state over the termination of their part of the contract (ACS, as usual, escaped the consequences and continues to feed at the public trough). IBM wants to depose the Governor. Seems reasonable–Daniels is clearly “in the know” about a number of issues critical to the litigation. But he’s fighting tooth and nail to avoid being deposed, and it’s hard not to wonder why.

The American system of justice depends upon the compliance of parties and witnesses in order to function. In our system–at least theoretically–no one is “too busy” or “too important” to discharge this civic duty. If I receive a subpoena, I have to respond; so should the Governor.

The Supreme Court insisted that Bill Clinton had to give testimony in the tawdry Paula Jones case, even though he was President and the litigation had absolutely nothing to do with the conduct of the government. Daniels, on the other hand, is being asked to testify about the use of tax dollars and the delivery of critical public services.

The continued stonewalling makes one wonder what the Governor doesn’t want us to know.

There’s No “We” in Mitch Land…

When Steve Goldsmith was Mayor–talking incessantly about government’s “customers” while shifting costs from the operating to the capital budget in order to “reduce” taxes (i.e., push the costs to the next administration)–I used to grouse that his vision of the ideal government would be one that eliminated all municipal services so that the City-County Building could be rented out to give taxpayers a rebate of 50 cents each.

I’ve often considered Mitch Daniels to be a Goldsmith clone. They share a touching belief that privatization cures cancer–a belief that appears unshakable no matter how many times they’ve been bitten by poorly-thought-out contracts. (They also share a patronizing attitude that lets you know they think they know more than anyone else–and most definitely more than those annoying yahoos elected to legislative bodies.) I’m not the only person who has noticed the resemblance: the joke that made the rounds when Mitch was first elected was that he was Steve Goldsmith with a personality.

Now Mitch has confirmed my snarky “rent out the City-County Building” description of their shared governing philosophy.

According to the Governor, Indiana has suddenly “discovered” 320 million dollars that we somehow didn’t know we had. Assuming the accuracy of his description–i.e., assuming the administration really didn’t know the money was there–most of us would first question the competence of the administration employees involved. After all, how do you “lose” 320 million dollars? Then–in a sane universe–we might begin a discussion to see which of the recent, draconian cuts to public services we might mitigate. Our bridges are crumbling, our parks are untended, our schools struggling, early childhood education still largely unfunded. Foster parents have just taken a big hit, and the administration has continued its unremitting war on Medicaid recipients. Granted, 320 million won’t restore all that–or even come close–but it would help.

But that’s not the way officials think in “Mitch land.”

Mitch doesn’t want to apply that money to improve the state’s infrastructure, or to ameliorate the suffering caused by cuts to social services during an economic downturn. He wants to trigger an automatic “rebate”–to return it to individual taxpayers. Rather than applying the windfall to improve public services or the public goods we all share, he wants to give each taxpayer a refund. Elementary math suggests that refund might be enough to buy a couple of coffees at Starbucks–it certainly won’t be enough to repair that tire you ruptured on one of our neglected roads, or to pay the tutor you hired to supplement your child’s inadequate math instruction.

In Mitch land, government can do no good and the private sector can do no wrong. Applying “found” money (forgive the quotes and my skepticism) to education or infrastructure is “waste”–but sprinkling it among hundreds of thousands of taxpayers is “good government.”

Maybe Mitch can rent out the statehouse, and send each of us enough to buy an hour or two of privatized parking.

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