Arkansas news, politics, opinion, restaurants, music, movies and art, Arkansas Times

Botanas bar The Fold opens

David Ramsey — Mon, 20 May 2013 17:15:00 -0500

The Fold, the new taqueria and cocktail bar from Bart Barlogie and Wilson Brandt, opened this weekend in Riverdale. Based on the epic lines at Local Lime, the market for upscale and eclectic Mexican food in Little Rock is strong, so we’re expecting a hit. The specialty is botanas — small plates, or snacks — while the bar will focus on Mezcal. We’re psyched to sample the cocktails, which feature hand-squeezed juice. See some samples after the jump.

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The piegate open line

Max Brantley — Mon, 20 May 2013 16:27:05 -0500

Weird day. I've been consumed with Martha Shoffner's favorite pie. Line is open. Finishing up, it's still all Martha all the time:

* MORE QUESTIONS THAN ANSWERS: Will a single federal charge be enough for Martha Shoffner? With conviction, probably, for a 68-year-old woman and a long federal jolt. But what a mess left behind. For example:

1) FREE RENT: FBI recitation said Shoffner lived free in a Little Rock building until 2009 when it was sold (and she went looking for a sugar daddy in the bond business). Lived free? Reported as gift? Gift legal under ethics rule? Who provided the gift? Did they get something in return?

2) CAMPAIGN FINANCE: There's still Shoffner's claim that she spent $900 a month in campaign money on a beatup, aging Ford van rented from a Newport used car lot. Really? Or did it mask a way to tap campaign money?

3) EMPLOYEES: Multiple employees have told me tales today of being dispatched to purchase everything from items for her mother's house to a bacon biscuit for her dog (bacon had to be extra crispy) with office accounts. One employee said she was offered a public pay raise if she'd work outside the office on state time to raise campaign money. Another said she'd told the FBI about campaign contributions missing from reports. Another told me about staff shakedowns to buy gifts for Shoffner, such as a set of golf clubs. Another told of receiving cash payments for doing questionable chores for Shoffner as an employee.

4) THE CANCER: Is Shoffner really believable when she says she shook down ONLY ONE securities dealer for living expenses? Bribery is sort of like eating potato chips, isn't it? Can't live on just one.

5) THE FUTURE: Nobody — nobody — is urging Shoffner to stay and fight. If we can believe the FBI's sworn affidavit, she's admitted taking illegal kickbacks. She'd serve the public, her party and her legal fees by resigning and cutting the best deal possible as quickly as possible and hope her lawyer Chuck Banks can find a way to plead for mercy.

6) IN DEFENSE: Employees — including those sorely disaffected with Shoffner — ascribe some of her problems to mood swings and judgment bordering on delusional. A gambling addiction helped a previous client of Chuck Banks, Lu Hardin, avoid jail time for abuse of public office. Perhaps Shoffner can present a sympathy-inducing defense. Based on early reports, however, she might have a harder time turning out a file folder full of testimonials from friends and co-workers.

7) CO-CONSPIRATOR: Surely we'll know sooner rather than later who wired up to give feds the goods on his/her payments to Shoffner. Surely there'll be consequences for a dishonest securities salesman even if held harmless on federal charges through his immunity deal.

* ELSEWHERE IN THE WORLD: Massive tornado smashed Oklahoma City. A track two miles wide. An elementary school took a direct hit, according to various reports.

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Rep. Broadaway won't make race for attorney general

Max Brantley — Mon, 20 May 2013 16:26:06 -0500

* ANOTHER DROPOUT: State Rep. Mary Broadaway of Paragould, who had been considering a race for attorney general, said today that she'd seek re-election instead. "not the time."

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Watch Sens. Boozman and Pryor talk about the Internet econmy

Lindsey Millar — Mon, 20 May 2013 15:25:23 -0500

Roby Brock will moderate the Google+Hangout on how Arkansas's faring in the Internet economy. The video conference starts streaming at 3:30 p.m. It's part of the Internet Association’s Internet on Main Street tour.

In addition to Boozman and Pryor, participants include...

· Michael Beckerman, President and CEO, The Internet Association

· Susie Marks, Sr. Vice President, Arkansas State Chamber of Commerce

· Mike Abbiatti, Executive Director, Arkansas Research and Education Optical Network

· Lee Renniger, Owner, Rock Appliances and Services

· Jeffrey Hall, Associate Director of National Affairs, Arkansas Farm Bureau

· Matt Price, Founder, Bourbon and Boots

· Ellie Keffler, Vice President of the Associated Student Government, University of Arkansas

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Chris Thyer: Informant in Shoffner case will eventually be identified

Max Brantley — Mon, 20 May 2013 14:49:00 -0500

David Koon reports from the news conference this afternoon by U.S. Attorney Chris Thyer of the Eastern District of Arkansas, who brought the charge against state Treasurer Martha Shoffner, and Western District U.S. Attorney Conner Eldridge, who buttressed the message that the feds are looking for corruption statewide.

The U.S. Attorney's Office in Little Rock held a press conference following the appearance by Martha Shoffner in federal court this morning, with Christopher Thyer, U.S. Attorney for the Eastern District of Arkansas, saying the allegations, if proven, "completely erode the public trust" in Shoffner as an elected official. "When that trust is broken," Thyer said, "punishment is due."

Thyer said that the decision to extend immunity to the informant referred to as Confidential Human Source 1 (CHS1) in the criminal complaint against Shoffner was not an easy one, but it was made "out of necessity," due to how limited the alleged conspiracy between Shoffner and CHS1, an unnamed bond broker, was. "If both of those two people remain silent," he said, "we wouldn't be here today."

Asked by a reporter if CHS1 was Steele Stephens, Thyer said "no comment." He later cited Justice Department regulations that require him to only release information contained in public filings, but said the identities of those named in the criminal complaint will eventually come out incourt. He said the immunity extended to CHS1 will keep the informant from being prosecuted "by my office," but he added the immunity doesn't cover potential prosecution on state charges.

Thyer said that the timing of Shoffner's arrest on Saturday had to do with the fact that the Saturday meeting between CHS1 and Shoffner was the first time they had met to make a cash handoff since CHS1 was offered immunity. According to the criminal complaint, the meetings between Shoffner and CHS1 happened at intervals of up to six months. Shoffner wasn't indicted, he said, because a grand jury wasn't available Saturday to hear the evidence. Thyer said they decided to move forward without an indictment because a delay would have meant "we would have left $6,000 in government funds in her possession until the grand jury met." He said the case will be presented to a grand jury as soon as possible.

Asked whether Shoffner should resign, Thyer said he has a personal opinion on it, but declined to share it, saying it is "none of my business," and should be left up to Shoffner and the Arkansas legislature. She can be impeached at a special legislative session if she does not resign. A resignation would leave it to Gov. Mike Beebe to make an appointment.

Beebe called today for Shoffner to resign. He said he hadn't talked to her since she made a snarky remark about the governor being driven around by a "manservant" at a time when attention was focusing on use of state vehicles by statewide officeholders such as Shoffner. By law, the State Police provdes the governor with a security detail.

Shoffner's attorney, Chuck Banks, said he'd "probably" recommend that Shoffner should resign, given the interference with her work if she decides to proceed to trial. But he said that was her decision. He'll be meeting further with Shoffner tomorrow.

In addition to commenting about Shoffner, Thyer and officials from the FBI Little Rock field office, Pulaski County Sheriff's Department, Arkansas State Police, Little Rock Police Department and the U.S. Attorney for the Western District used the occasion of the press conference to announce the formation of the new ArkTrust Public Corruption Task Force. The multi-agency task force will accept and investigate confidential tips on public corruption at any level — local, state or federal — by any elected or appointed official in Arkansas. Tips can be submitted to the ArkTrust hotline at (501)221-8200 or visit tips.fbi.gov.

David Ramsey reports on the Mike Beebe news conference at which he said he had no immediate ideas about a replacement if she does leave office:

Ms. Shoffner should resign. I think she should resign immediately.

... Everybody’s presumed innocent and I understand that. But there’s a difference between a public official and alleged acts that are contained in that affidavit surrounding her official duties. It would be very hard in my opinion for that office to properly function under her continued leadership.

... Over the weekend I was thinking about potentials but there are no immediate names. Obviously you’d like somebody that has management skills…good reputation for integrity, preferably somebody that has knowledge of finance.

...I was shocked by how blatant the conduct was based on the allegations.

... There is a presumption of innocence. Common sense allows most folks to be able to read the affidavit is true, and to the extent that the affidavit is true—and I have no reason to believe it’s not—it’s pretty ironclad.

... [asked whether any current or former employees of Shoffner’s office approached Beebe or his office with problems.] No. What I knew is they had approached Legislative Audit and I know what was said…

... In terms of the FBI sting, they don’t tell state police, they don’t tell anybody.

... [asked whether it hurts democratic party] It hurts everybody. Jason Rapert said it right, it hurts all elected officials. Allegations like this aren’t restricted to one party or the other. Illegal activity unfortunately is known to both parties. Wherever it occurs, it needs to be dealt with and dealt with quickly.

Beebe's official statement:

"I think Martha Shoffner should resign, and I think she should resign immediately. While everyone is presumed innocent until legal proceedings are complete, it would be very hard for the Treasurer's Office to function properly under her continued leadership. When you are elected to any public office, your conduct is held to a higher level of expectations to avoid even the appearance of impropriety. These alleged actions are far worse than that." -

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Judicial races begin

Max Brantley — Mon, 20 May 2013 14:18:29 -0500

Judicial candidates may not formally begin campaigns until one year before an election. That's today for 2014 judicial elections, held the same day as party primaries with runoffs, if necessary, in November.

There'll be lots more of these, but this one came in first and it's for a local judgeship:

Mike Reif said he's running for 13th division circuit court, a seat from which Judge Collins Kilgore is expected to retire. Reif has practiced 29 years with the Little Rock firm of Dover, Dixon, Horne.

NEWS RELEASE

Pulaski County attorney Mike Reif announced Monday his candidacy for the Pulaski and Perry County
CircuitCourt, 13th Division to fill the vacancy created by the upcoming retirement of Judge Collins
Kilgore. The cases assigned to this division are civil, domestic and probate law, and Reif’s law practice
focuses on those areas as well as conducting mediations. Reif, a certified mediator, has practiced 29
years with the Little Rock law firm Dover, Dixon, Horne, PLLC.

“I’m running because I see children of all ages being torn apart emotionally by bitter divorce battles.
I’ve seen cases where parents fighting over custody don’t take the time to stop and look at the long term
damage they’re causing,” Reif says.

“I believe children shouldn’t be the parent’s battleground. Accountability is the cornerstone of our
justice system, and judges must take the extra step to protect our children,” he said.
Reif has already served asspecial judge for this and other circuit courts. “I listen to people, and what I
am hearing is they want a justice system that holds fighting parents accountable,” he says.

“I also don’t believe in wasting time or money with drawn-out lawsuits where it sure seems that only the
lawyers win,” Reif added.

Reif lives in Little Rock with Ellen, his wife of 24 years and their three children. The nonpartisan
judicial election will take place on May 20, 2014.

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Shoffner's late arriving legal help

Max Brantley — Mon, 20 May 2013 14:15:00 -0500

I've now confirmed that State Treasurer Martha Shoffner had no legal representation until her Saturday arrest. That's not surprising, given her actions during month's of intense scrutiny from legislators, the FBI, the press and political foes.

Chuck Banks, who represented her in federal court today, answered my question on when he begin representing her:

When her family contacted me Saturday night and I visited with her yesterday morning. I didn't enter my appearance or file anything until this morning. I notified Jana Sunday afternoon, then I filed a motion this morning and entered my appearance at the hearing.

By then, the damage had been done, including taped outreach to a government informant for more financial help and alleged admission of wrongdoing to arresting agents.

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Greek week continues: Little Greek Restaurant UPDATE

Leslie Newell Peacock — Mon, 20 May 2013 13:40:00 -0500

The Little Greek Restaurant franchise, which says it offers Greek food with an American touch, is coming to Little Rock, taking over the site that housed Cheeburger Cheeburger in the Pleasant Ridge Town Center.

The Little Rock website for the franchise has links to menus in Florida, where the franchise started, and Texas. You got your lamb skewers, mousaka (as LGR spells it), gyros, hummus, etc. The Little Rock phone number hasn't been activated yet; we've left a call with the chain owner Nick Vojnovic to find out when the restaurant will open and who owns the franchise here. [See update below.]

The restaurant's Facebook page offered up the above photograph of spanakopita and Greek salad, which looks pretty good. Looks like a nice beet slice atop the salad.

UPDATE: That is indeed a beet on the top of the Greek salad, a salad that also includes two lettuces, pepperoncini, onions, bell pepper, olives, feta and a potato salad mixture with homemade dressing, company president Vojnovic says. The recipe comes from Greek cooking in Tarpon Springs, Fla., which has the largest Greek population of any American town, thanks to its 19th century sponge diving business.

Franchise holders are Thad and Michelle Waugh. They are hiring between 20 and 30 people for the new restaurant.

The restaurant owners hope to open in early July, Vojnovic said. He said the menu hasn't been formalized to add local tastes (like the Texas one, which includes a filet mignon skewer). The Little Rock restaurant will be the 14th in the chain.

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Robert Keenan says no link between his firm, salesman and charge against Martha Shoffner

Max Brantley — Mon, 20 May 2013 13:22:00 -0500

I've already mentioned this in the main item about the charge against Martha Shoffner, but I thought it was worth a separate mention given rampant speculation on who the government's confidential source in the securities business was that made payments to Shoffner and then wore a wire to gather incriminating information.

A Russellville firm frequently cited as having experienced a big increase in state business says adamantly that they have done no wrong and aren't the source of the information.

Robert Keenan, chief executive of St. Bernard Financial Services in Russellville, reiterates that he doesn't believe the charge relates to Steele Stephens, one of the firm's representatives, or his firm. "He assures me it wasn't him and I believe him and trust him." Keenan said. Stephens was at work today and Keenan said they'd talked Saturday night after news of Shoffner's arrest "shocked" them both.

"We'll find out eventually if he's lying to me, but I don't think so."

Keenan said the identify of the person paying Shoffner ultimately should be revealed because, even if the person is given immunity from federal prosecution, the person should lose his or her securities license. "If it was one of my employees, I'd let him go for not reporting it." He added, "I can't wait to find out who it is. We're getting bombarded up here with people who thinks it's us and it's not."

Keenan said the timeline in the federal charge didn't match Stephens' record with St. Bernard because he didn't go to work there until late 2009 or so. He acknowledged that his firm had increased its share of state business substantially, but he continued to insist as he has all along it's because of lower commissions and better service. He continues, too, to take sharp exception with Joint Audit's evaluation of his firm's record on state business, scoffing particularly at an auditor's comment at one of the hearings that investment firms should be better able to predict future interest rates. Auditors claimed that the state lost money because of early redemption of some bonds, an assessment Keenan has challenged.

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UPDATED: Shoffner charged with pie-box delivery of kickbacks from securities salesman; released after hearing

Max Brantley — Mon, 20 May 2013 10:29:00 -0500

The details of the federal charge against State Treasurer Martha Shoffner have been released in a criminal complaint from the FBI.

Here's the document. And here's U.S. Attorney Chris Thyer's news release, which notes conviction could carry a maximum sentence of 20 years and a $250,000 fine. Details:

Shoffner was busted Saturday after receiving the latest in a series of $6,000 payments from a confidential source wired by the FBI (an unidentified securities dealer apparently given immunity from prosecution for cooperation). The source told the FBI he had paid Shoffner a total of $36,000 in six payments every six months, plus almost $5,000 in cash for a campaign event, in return for an increasing share of the state bond business.

Shoffner got several of the payments rolled up and sealed in a pie box. The money delivery brought to the minds of many the bribes paid to a corrupt warden in the movie "Shawshank Redemption." A new $6,000 payment was delivered to Shoffner that way Saturday by the source, who recorded their conversation. FBI moved in and arrested her after the transfer, finding the $6,000, plus some $100 bills left over from an earlier payment. The investigation began in January 2012, based on a tip to the FBI from an office employee, months before trading activities came under scrutiny of the Legislative Joint Auditing Committee.

The FBI complaint says Shoffner admitted wrongdoing during the arrest and helped them find the money she'd received illicitly.

Shoffner, attired in a black pantsuit, gave only one-word responses to Magistrate David Young during her brief court appearance. She was released on her own recognizance, on condition of regular reports to the probation office and surrender of her passport. Her attorney, Chuck Banks, said he would enter a not-guilty plea for Shoffner, but said they would sit down and discuss future plans. Shoffner didn't have an attorney until after her arrest, despite legislative probes and multiple reports about questionable office practices. The federal charge details her alleged illicit outreach for financial help from a source cooperating with the government last week.

Shoffner encountered reporters as she left the federal courthouse and departed in a pickup truck. Asked if she had anything to say to the people of Arkansas, she said she had no comment. Her attorney didn't conmment either. Asked if she planned to resign, she said: "Not at this time." If she were to resign, the governor would appoint a replacement to complete her term, which runs through 2014. The legislature, if in session, also could impeach her and remove her after a Senate trial.

Gov. Mike Beebe, like Shoffner, a Democrat, indicates he'll have a statement at 2 p.m. on his thoughts on whether Shoffner should continue in office. I trust the answer is a ringing no. UPDATE: Yes, Beebe called for her immediate resignation. The Arkansas Republican Party has, naturally (and, yes, correctly), called for Shoffner's resignation.

Attorney General Dustin McDaniel, like the Republican statement, made no presumption of guilt, but said the allegations were disturbing and ".... I believe that she should resign immediately to allow the work of the Treasurer's Office to continue." Will Bond, Democratic Party chair, said, " While treasurer Shoffner has the right to be presumed innocent, Arkansas taxpayers have the right to have confidence that their money is being invested and managed properly. In order to restore public trust and to allow the Treasurer’s office to operate its duties, we ask treasurer Shoffner to resign immediately.” Democratic gubernatorial candidate Mike Ross said Shoffner had "broken the public trust" and should resign immediately. Democratic candidate Bill Halter said, "Restoration of the public trust can only begin with the appointment of a new treasurer." U.S. Sen. Mark Pryor piled on. "Martha Shoffner should resign and be prosecuted to the full extent of the law. Arkansas deserves better."

A comment from Heath Abshure, director of the state Securities Department:

Just read the Criminal Complaint. We will certainly be looking into whether the payments were made with the knowledge of a broker-dealer firm or whether the payments were being made by an agent without the knowledge of the firm.

The Arkansas Times published Oct. 20, 2011, the first account of a a heavy concentration of treasurer's office business with Steele Stephens, a salesman with a small firm, St. Bernard Financial Services, based in Russellville. He and the firm have denied any wrongdoing in all public statements to date (including again today) and the confidential cooperating broker so far has not been identified. Also in reporting in October 2011, Stephens said he'd been just one of three sponsors of the 2010 campaign finance party mentioned in the charge. He never denied contributing to that. What appears to be amiss, according to the federal charge, is that Shoffner converted some of the money contributed to that event for her own use, not party expenses.

UPDATE: I spoke with Robert Keenan, chief executive of St. Bernard. He reiterates that he doesn't believe the charge relates to Steele Stephens or his firm. "He assures me it wasn't him and I believe him and trust him." Keenan said Stephens was at work today and that they'd talked Saturday night after news of Shoffner's arrest "shocked" them both. "We'll find out eventually if he's lying to me, but I don't think so."

Keenan said the identify of the person paying Shoffner ultimately should be revealed because, even if given immunity from federal prosecution, the person should lose his or her securities license. "If it was one of my employees, I'd let him go for not reporting it." He added, "I can't wait to find out who it is. we're getting bombarded up here with people who thinks it's us and not."

Keenan said the timeline in the federal charge didn't even match Stephens' record with St. Bernard becaue he didn't go to work there until late 2009 or so. He acknowledged that his firm had increased its share of state business substantially, but he continued to insist as he has all along it's because of lower commissions and better service. He continues, too, to take sharp exception with Joint Audit's evaluation of his own firm's record on state business, scoffing particularly an auditor's comment that investment firms should be better able to predict future interest rates.

Following is my shorthand of notes from David Koon's reading of the complaint over the phone:

The FBI developed a confidential source in January 2012. An employe of the office and a former employee of the office ultimately cooperated with FBI as confidential sources. FBI was advised Shoffner was using one broker over others, not following historical investment practices. Confidential source stated Arkansas holds $3.5 to $4 billion portfolio, including $1.5 billion in bonds. Source said historically treasurer's office had used about 10 brokers to execute bond orders. Source stated distribution had been relatively even. Mid-2011, source noted a major shift in allocation to one particular broker. Confidential source 2 stated that a confidential source, a broker not otherwise identified, invested the largest portion of state's bond portfolio.

In 2011, confidential source 2 confronted Shoffner about apparent favoritism. Shoffner responded, "They've done nothing for me." Source 2 also confronted the broker about apparent favoritism. And the source said, "I have been very good to Martha."

On Jan. 18, 2013, the FBI contacted the broker. The broker said he/she [the construction used in the complaint] had given two campaign contributions to Shoffner. First was a $2,000 contribution at a campaign event. The second was in the form of a campaign watch paty sponsorship in the form of $4,700 cash covering all expenses related to watch party.

The day before the broker was interviewed by the FBI, the source was contacted by employee of treasurer's office and instructed to go to back door at 11 a.m. Source was met by another employee and Shoffner. After employee left, Shoffner told source, "You gave me no cash and you just sponsored the watch party." It became clear to source that Shoffner kept the cash he provided the night of the watch party event.

In the fall of 2009, the broker was asked by Shoffner for larger gifts. She was "comfortable" asking for larger gifts because the source had been giving Shoffner smaller gifts prior to that time.

In 2009, Shoffner asked confidential source to purchase property for her in Little Rock. Source did not do so because Shoffner would be living on property and her name would be on paperwork for purchase of the property. After source didn't purchase property, Shoffner wanted $1,000 a month to pay her rent in Little Rock. The source didn't think it would be a good idea to meet on a monthly basis because it would look suspicious. Source recommended that they meet every six months. Source said the arrangement was for the duration of Shoffner's term in office. The source remembered six payments, starting in late 2009 or mid-2010. The source recalled payments were made, two each, at the state Capitol, her home in Newport and apartment in Little Rock, the most recent last December. That amounted to six payments of $6,000 each, in addition to the watch money party. The payments were generally in $100 bills.

In 2012, the source begin placing the payment — rolled up and sealed — in a pie box. This was done on the last two payments, both at Shoffner's Newport home.

The source began receiving more of the state's bond business after the source began making the payments.

FROM A CONSENSUALLY RECORDED CONVERSATION:

On January 19, 2013, Source met with Shoffner in Newport. They discussed the $6,000 payments. She said she had not told anyone about them. She said she told Legislative Audit in Sept. 2012 she didn't accept anything from Source 1. She said nothing in her finances would show anything different. The source asked if any other broker was doing what the source was doing. She said no other broker paid cash to her. Records show no other broker enjoyed such an increase in business.

The source talked to Shoffner about spending the cash. She said no one had questioned her about her spending of $100 bills.

May 9, Shoffner called the source, who recorded the conversation. She inquired about obtaining a loan to buy property next to her house in Newport. She wondered if someone else could bid on the property and keep her name secret.

The source suggested a meeting May 18 at Shoffner's house in Newport. Shoffner agreed to the meeting, approximately six months after the last meeting. The source took $6,000 provided by the FBI to make another payment similar to those made before.

May 18, the source and Shoffner met in Newport. The source was wired to transmit or record their conversation. The $6,000 was rolled up and placed in a pie box. During the meeting, the source gave the box to Shoffner. After the source left, the FBI executed the search warrant. The $6,000 was located in a cigarette pack in Shoffner's kitchen. She told agents where she'd placed the money.

Shoffner in an interview admitted to receiving $6,000 payments. She still had some from the last payment and provided it. She admitted that she knew it was wrong.

The charge said she conspired to extort money as a public official and transferred state business to the source in return.

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Johnny Cash mashed with Jackson 5, Steve Miller

Lindsey Millar — Mon, 20 May 2013 10:04:00 -0500

Here's what you get when you combine "Rockin' Robin" with "Folsom Prison Blues" and "The Joker." What say you — abomination or finger-snapping good time?

The mash comes courtesy of DJ Faroff.

H/T: egotripland

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Martha Shoffner buzz

Max Brantley — Mon, 20 May 2013 08:37:00 -0500

Does Martha Shoffner have any friends? Former employees with unhappy tales of their time in her office would be surprised.

The tales are mounting. Hurled phones. Employees sent on personal errands with the office credit card, including to fetch meals for her dog. But the core issue is more likely to be along the lines of what one former employee told me — campaign finance reports lacking disclosure of significant PAC contributions. The contributions were legal. The question would be why any were omitted and whether the money was accounted for. This line of inquiry was suggested to federal investigators by the employee.

BTW: Chuck Banks confirms via e-mail that he is representing Shoffner. He said he was too busy at the moment to talk. Shoffner's at the courthouse, awaiting court scheduling before Magistrate David Young.

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Martha Shoffner's day in court

Max Brantley — Mon, 20 May 2013 06:12:00 -0500

State Treasurer Martha Shoffner will lead the news today, though Sunday provided few new details about the FBI's somewhat unusual arrest of her Saturday afternoon for a weekend in the Pulaski County jail.

When last I spoke with the office of the U.S. attorney, neither a court appearance nor official news conference had been scheduled today on Shoffner's arrest on a charge related to receiving financial benefits for her public service. Nor had I had been able to get a response to the question of why the Saturday arrest. She wouldn't appear to be a flight risk. Surprise arrests are sometimes undertaken to preserve evidence. Two days in the slammer might make a 68-year-old woman prone to deal.

I wrote former U.S. attorney Chuck Banks, now one of the city's most successful criminal defense lawyers, to see if he was representing Shoffner. He didn't respond. But the Democrat-Gazette reports this morning that his name turned up on the county jail visitor log on Sunday. Banks, you might recall, defended Lu Hardin in his federal prosecution. It ended in a plea deal, but no jail time for the former UCA president, a former legislator in a position of public trust convicted of fraud and money laundering.

Employees of Shoffner are whispering that, despite the fact she's been under scrutiny for months, that they didn't believe she'd hired a lawyer until very recently, perhaps this weekend. If so, it was a decision about as wise as her decision not to appear to answer a legislative subpoena over her audit. She's short of financial resources, employees say, but legal representation is something you can't afford to skimp on.

A personal assistant to Shoffner told me the office would be open for business as usual Monday. We still don't know whether the charge will be linked to her investment decisions, or her messy campaign finances or both. Her ability to conduct business without ill appearance will necessarily be damaged by being under federal charge. Pressure on her to resign will be enormous, however firm and perhaps even credible her protests of innocence might be. The difference here, as compared with say the prosecution of Gov. Jim Guy Tucker, was that the case against him was wholly unrelated to his public office.

Employees that I've reached or been quoted by others, to a person, were caught unawares by Saturday's arrest. It occurs to me that the drama might encourage others to be cooperative, if others are in a position to do so.

I thought this was interesting — a Facebook post by former Republican Rep. Ed Garner making the unexceptional but worthy point that innocence attaches to all until proof of guilt and, moreover, that state investments for which Shoffner have been criticized aren't necessarily so readily judged. It is not a crime to sell a bond before maturity, for example. Also, there've been some gross misrepresentations already in this case by people nominally thought to be nonpartisan evaluators. I explored that at some length here when the increasingly political legislative audit division publicized faulty comparisons between treasury and retirement system investments to help Republican legislators build a case against Shoffner.

I'd add that it is not a crime to do business with friends or for a state official's office to do business with a campaign contributor (statutory law and sleaze being two different things). We'd be a nation of political felons if that were so. It's the direct quid pro quo that's the problem. Sometimes hard to prove; sometimes not. Soon we'll have more details to judge. IF the case involves benefits from people with whom Shoffner did state business, it's worth noting that no relevant names have turned up on jail dockets just yet.

UPDATE: Just heard a withering allegation from a former Shoffner employee about her relationship with certain people who did business with the office. If provable ... curtains. Her management of office staff is going to be an ugly tale, too.

Other items this Monday morning:

* GUN HAPPY: NRA blog reports news that Remington Arms is expanding its ammunition plant in Lonoke. It's a $32 million project.

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Little Rock Film Festival 2013 award winners

Lindsey Millar — Sun, 19 May 2013 22:42:00 -0500

I'll have more on my impressions on this year's festival tomorrow. In the meantime, here are this year's prize winners.

Oxford American Best Southern Film Award ($10,000 prize money): "Bayou Maharajah"
Heifer International Social Impact Film Award ($10,000 prize money): "These Birds Walk"
Golden Rock Narrative Film: "Short Term 12"
Golden Rock Documentary Film: "Dirty Wars"
Extraordinary Courage in Filmmaking: Jeremy Scahill ("Dirty Wars")
Arkansas Times Audience Award: "Bridegroom"
Made in Arkansas Best Feature: "45 RPM"
Made in Arkansas Best Short: "The Discontentment of Ed Telfair"
Made in Arkansas Best Director: Mark Thiedeman for "Last Summer"
Made in Arkansas Best Actor: Liza Burns in "45 RPM"
World Shorts: "When We Lived in Miami"

A previous version of this post incorrectly listed the World Shorts winner as "When We Live in Miami."

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A perfect sausage from Butcher and Public

Michael Roberts — Sun, 19 May 2013 16:38:00 -0500

Central Arkansas is blessed with some really good sausage makers. Whether it's the house made sausages from Hillcrest Artisan Meats, Edwards Food Giant, or straight from the farm, there's no shortage of really fantastic sausage in the area. To this list of greats, add Travis McConnell, a man with no small amount of experience making charcuterie, and who has been slowly rolling out his Butcher and Public restaurant concept at various events around town.

I wasn't able to attend the big hog roast that McConnell threw last February, but I was lucky enough to catch him grilling some of his homemade sausages at the Bernice Garden Farmers Market. I ordered up a hot one and was treated to a large juicy sausage nestled just right on a split and grilled baguette. Toppings were of a "do it yourself" nature, so I slathered on a generous amount of mustard and a couple of spoonfuls of a tasty looking chimichurri — there was also a bread-and-butter pickle mix, but I'm not a fan of sweet pickles. The result was one of the best things I've eaten in awhile: tender, savory grilled sausage on chewy bread, kicked up with mustard and finished with a chimichurri that was just the right balance of garlic, fresh herbs, and good oil. I was eating off a paper holder on a park bench, but I might as well have been eating somewhere fine.

I'd wondered when Chef McConnell first announced his plans to open Butcher and Public in the Main Street area if there was enough room in this town for another fine-meat purveyor. After sampling the chef's work, I know that I'll have no problem making room for such good food in my life. The Butcher and Public gang plan to do more market appearances, so I urge you all to grab one of these fresh-grilled masterpieces as soon as possible — I can't wait to eat my next one.

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It Could Happen to You: the open line

Max Brantley — Sun, 19 May 2013 16:11:40 -0500

The day's not done, but I've seen two excellent films at the Little Rock Film Festival. "Muscle Shoals" was a tuneful history of the large and talented personalities behind the recording industry in that seemingly unlikely place. Even better was "Bridegroom," a love story that I wish somebody would put in the hands of the U.S. Supreme Court soon.

Here's the Facebook page for "Bridegroom," the story of Shane Bitney Crone, who lost Tom Bridegroom, the love of his life, in an accident. It is a story about the travails of a same-sex couple deprived of rights others enjoy (visiting a loved one in a hospital, for example), along with the simple hazards of being gay in some families and some places. Hard to see how this story wouldn't touch just about anyone, though Tom's family erased Shane from their son's life, preventing him from attending the funeral.

The movie is the work of Linda Bloodworth-Thomason, who was inspired by the 10-minute YouTube above. "It Could Happen to You" was produced by Crone after his partner's death. I hadn't been aware of this viral phenomenon (3.8 million views) until today. The movie takes the story much farther, in a sensitive and complete way, fair even to the hard-hearted in their lives. Truth hurts, of course. Crone was at the screening this morning and talked about his life today and the movie — an audience winner at Tribeca Film Festival, where it was introduced by Bill Clinton. It was another occasion to be grateful for the LRFF.

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Honestly, do those who entertain at Walmart shareholders’ meetings really deserve all the press coverage they receive?

Richard Drake — Sun, 19 May 2013 11:34:00 -0500

Local media - especially television news, which greets each new Walmart press release as though it were manna from Heaven - has never had a particularly critical eye when it comes to the behemoth of the retail world.

Never is that adulation more in play than during the annual shareholders’ meeting, when thousands of Walmart employees are trundled together to hear inspiring messages of hope and faith from those at the top of the Walmart food chain, and be entrained by various entertainers.

The pep talks from top management never fail to make it onto the news, as if somehow the folks at Walmart have said said something new, and wondrous.

But the performers? Really? Honestly?

It has always been sort of difficult to take someone like past Walmart entertainer Celine Dion seriously at the best of times, especially after the grotesque performance she gave on Larry King a few years ago, when she warbled a few lines to inspire the folks who were stuck in New Orleans because of Hurricane Katrina.

That most of them didn’t have electricity, and probably weren’t listening to her song of hope went completely over her head.

Leaving the unfortunate Ms. Dion aside, this year's shareholders’ meeting will be chock-full of such entertainers - who will receive top coverage from Walmart’s handmaidens in the media.

But just imagine how much cheering might fill Bud Walton Arena should Walmart decide to follow the example of competitor Costco, and pay a starting wage of $11.50, or if the Walton family decided to take a stand to raise the minimum wage in this country.

Now, that would be worthy of front page news.

******

Quote of the Day

I never knew how soothing trees are - many trees and patches of open sunlight, and tree presences; it is almost like having another being. - D.H. Lawrence

rsdrake@cox.net

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Sunday morning: IRS, Kochs and movies

Max Brantley — Sun, 19 May 2013 06:58:59 -0500

Not much new to report this morning. If all goes well, I'm going to catch at least three movies today at the Little Rock Film Festival. But if anyone would like to forward details of the coming charges against state Treasurer Martha Shoffner, you know where to find me.

Someone asked about impeachment. Here's what the Arkansas Constitution says. There is a presumption of innocence under the law, of course. But the facts of the coming charge seem likely to add to the case that Shoffner would best serve the public by resigning. if that were to happen, the governor would appoint someone to serve the remainder of the term, which ends next year.

Otherwise:

* DON'T LET THE FACTS GET IN THE WAY OF A GOOD IRS STORY: The New York Times has dug into the operation of the Cincinnati office of the IRS where Tea Party tax-exempt organizations got singled out for attention. The story may be more muddled than the get-the-conservatives conspiracy that has been established. Maybe it's as much or more about agency incompetence rather than politics. Fat chance this will change the story arc now.

* TAR SAND PIPELINES AND THE KOCHS: A day late, but here's a story to read and ask U.S. Rep. Tiny Tim Griffin of Mayflower about. It's about a vast pile of Canadian oil waste rising in Detroit. It's owned by the lovable Koch billionaires and is a nasty byproduct of Canadian tar sand exploration, a venture that put nasty crude into the pipeline that ruptured in Mayflower and which would put still more in the Keystone XL pipeline that Tiny Tim is pushing so hard to get built. That pipeline will allow the Koch boys to move Canadian tar sand product across sensitive U.S. aquifers en route to refineries in Texas that will ship finished products overseas. All this to further encourage pumping more dangerous gases into the planet's warming air.

An initial refining process known as coking, which releases the oil from the tarlike bitumen in the oil sands, also leaves the petroleum coke, of which Canada has 79.8 million tons stockpiled. Some is dumped in open-pit oil sands mines and tailing ponds in Alberta. Much is just piled up there.

Detroit’s pile will not be the only one. Canada’s efforts to sell more products derived from oil sands to the United States, which include transporting it through the proposed Keystone XL pipeline, have pulled more coking south to American refineries, creating more waste product here.

Marathon Petroleum’s plant in Detroit processes 28,000 barrels a day of the oil sands bitumen.

Residents on both sides of the Detroit River are concerned that the coke mountain is both an environmental threat and an eyesore.

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UPDATE: FBI confirms State Treasurer Martha Shoffner's arrest, apparently for official misconduct

Max Brantley — Sat, 18 May 2013 18:45:30 -0500

The shoe drops. This mug shot of Democratic state Treasurer Martha Shoffner appeared on the Pulaski County sheriff's office jail intake page late this afternoon. (She looked a little distracted when I saw her looking over the cottage cheese in a case at Kroger's earlier this week.) Sorry: I originally called her auditor incorrectly. I have many calls out for more information.

Shoffner has been under scrutiny for a variety of issues including charges of favoritism in handling of state investments with a securities firm and also in sloppy reporting and spending of state campaign finance money. She's been subject, too, of a tough legislative audit and Republicans have been calling for her to resign.

UPDATE: I"ve heard from Kimberly Brunell, agent in charge of the Little Rock office of the FBI. She's circumspect:

I can tell you that FBI agents today arrested Martha Shoffner on Hobbs Act charges.

Brunell said there'd be more information at a news conference Monday, probably following Shoffner's appearance in a U.S. magistrate's court. She'll remain jailed until then.

I tried to press Brunell, but she said she couldn't provide details. She did say, in response to my question of whether campaign finance or official conduct figured in the charges, that I should look to the portion of the Hobbs Act that refers to "extortion under color of official rights." Said Brunell: "That was the part she was charged under." Then she said no more.

Here's what you need to know about the Hobbs Act. Excerpt:

In order to show a violation of the Hobbs Act under this provision, the Supreme Court recently held that "the Government need only show that a public official has obtained a payment to which he was not entitled, knowing that the payment was made in return for official acts."

I guess you could still argue, knowing nothing of the facts underlying this arrest, that this still could pertain to campaign contributions in return for official acts, as well as payments of some sort for investment decisions. Monday should be interesting.

Republicans are popping champagne corks. Justifiably,

UPDATE II: a spokesman for Gov. Beebe says they have no comment. They know nothing beyond press reports.

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See a movie open line

Max Brantley — Sat, 18 May 2013 17:53:00 -0500

The line is open.

Nothing to say but to add to Lindsey's endorsement on our podcast this week of the Little Rock Film Festival. At age 7, this event has grown up into a wholly big-time entertainment (and education) plus for the city.

We watched "Bayou Maharaja" in the space on Main across from the Rep. Great film about the legendary New Orleans pianist James Booker. It's not in release yet, so this was a rare opportunity to see it. Then we checked out "Spies of Mississippi" in the comfortable auditorium at HAM. It's headed to TV and it's a must see on the Mississippi Sovereignty Commission and its complicity in spying on, and even murder of, civil rights workers in the bad old days of the 1960s.

A bonus at the second film was the filmmaker's account of her visit to the home of a courtly seg, not regretful of his involvement in the commission, but willing today to break bread in his farm home (complete with Confederate flag on the wall) with the vivacious black woman lawyer, Dawn Porter, from up East who made the movie. Wonderful story. The other movie to be made of this is, of course, how the segs really did win, if you look at the political state of Mississippi and the South today.

Lots of screen time in the movie for Jerry Mitchell, the Harding U. grad who busted open the sovereignty commission story as a Jackson, Miss., newspaper reporter.

We have at least three flicks on the agenda tomorrow. If you haven't checked in, here's lots of info in this week's Times.

Parking is easy. Great food truck court today at Sixth and Main, with everything from BBQ Frito pie to pad Thai.

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Partisan justice: Court candidate Wood gets tout from GOP's Curtis Coleman

Max Brantley — Sat, 18 May 2013 10:42:00 -0500

I've written here and in last week's column about the lingering taste of partisanship in supposedly non-partisan Arkansas judicial races, as exhibited recently by Court of Appeals Judge Rhonda Wood, who's expected to run for the Arkansas Supreme Court next year.

In that vein, check a YouTube of extremist Republican gubernatorial candidate Curtis Coleman talking of the need to build a "farm team" to elect the right sorts of people in three coming races for Supreme Court. He named one candidate he believed in — Rhonda Wood. "Solid and sound," Coleman said. A Coleman seal of approval is just about as big a disincentive to vote for Wood as I could imagine.

Speaking of Curtis Coleman: I learned this morning that some jokester had submitted a $1,000 pledge to Coleman's Institute for Constitutional Policy in my name. But then I was informed by a followup e-mail that the Institute was not currently accepting contributions. He's claimed it is a registered nonprofit, though it hasn't attained that official tax deductible status yet (giving him the chance to blame it all on the IRS, naturally). Good thing he's not registered yet. 501c3s are not supposed to engage in political advocacy, such as touting a candidate for Supreme Court. Or the Institute leader's own candidacy for governor.

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Pissaladiere, the acceptable early morning pizza

Michael Roberts — Sat, 18 May 2013 09:59:00 -0500

Mylo Coffee Company has become something of a legend at the various area farmers markets, with folks lined up well in advance of each market's opening for a cup of coffee and one of their many pastries. We've talked before about their kouign amann, the puff pastry delight that is normally the first to sell out, and I agree that it's one of the best things I've ever put in my mouth. But my tastes swing more to the savory rather than the sweet — and not surprisingly, Mylo has just the thing: the pissaladiere.

The pissaladiere has a storied history, arriving in France from Rome during the time when the Papacy was based in Avignon, surviving against all odds during the various reformations and revolutions to wind up on a fold-away table in Little Rock. The pastry is similar to pizza, only better in every way: instead of solid crust, the base of Mylo's dish is a thick layer of homemade phyllo dough, chewy and crisp all at once. Atop this luxurious base are caramelized onions, a thick layer of jam-like tomatoes, shredded cheese, and whole kalamata olives. The result is a buttery, tangy, slightly sweet and wonderfully salty dish that is one of the most perfect flavor profiles I've ever eaten. I've always been a fan of the morning-after slice of cold pizza — and the Mylo pissaladiere is like taking that idea to Michelin-star levels.

Because of local restrictions about selling prepared meat from a farmers market booth, Stephanos and Monica Mylonas have been forced to get creative with their dishes, including the pissaladiere, which traditionally includes anchovies. The couple is more than up to the task of changing their recipes to suit those guidelines, though, creating a host of vegetarian savory pastries that will suit the tooth of even the most dedicated carnivore. The Mylonas' sweets are popular, and rightfully so, but if you crave savory like I do, you'll find your perfect morning companion with this little square piece of cheesy, salty joy. It's become my go-to weekend breakfast — so if you all go out to try it, be sure to save me one.

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Practicing law with Bro. Rapert

Max Brantley — Sat, 18 May 2013 07:42:00 -0500

Sen. Jason Rapert, author of the patently unconstitutional bill to ban most abortions in Arkansas at the 12th week of pregnancy, took heart yesterday at Judge Susan Webber Wright's indication that she was inclined to uphold the part of the law that requires women seeking an abortion in the 12th week of pregnancy or later to have an ultrasound and to be shown the results of that test.

Bettina Brownstein, representing the ACLU, said she didn't think that portion of the law could be severed and kept intact because it was so intertwined with the purpose of the law, to ban abortions. It was noted that the law doesn't have a severability clause.

Bro. Rapert opined that a severability clause was automatic under Arkansas law. Given his generally poor practice as an attorney to date, I thought I'd check the fiddlin' preacher and found, shazam, he's found an acorn. From a manual of the National Conference of State Legislatures on statutory drafting rules of the various states:

Arkansas
6.1 APPLICABILITY.
(e) SEVERABILITY CLAUSE.
A severability clause provides that if a part of a law is declared invalid the remaining part stays in force. A general severability clause is not necessary, and should not be used. Arkansas Code § 1‐2‐117 states that the provisions of the Arkansas Code are severable, and Arkansas Code § 1‐2‐ 205 states:
“...The provisions of each and every act enacted by the General Assembly after July 24, 1973, are declared to be severable and, unless it is otherwise specifically provided in the particular act, the invalidity of any provision of that act shall not affect other provisions of the act which can be given effect without the invalid provision”.
(f) NON‐SEVERABILITY CLAUSE.
If the author does not want the provisions to be severable or does not want specific provisions to be severable, add a section declaring the provision to not be severable. Bills having a statement of non‐severability are rare.
Example:
SECTION 6. The provisions of this act are not severable, and if any provision of this act is declared invalid for any reason, then all provisions of this act shall also be invalid.

This does not fully resolve the question, but it is a strong leg for Rapert to stand on. Courts can rule against severability, however, and have done so. In the famous Malvern school choice case, a federal judge said it was impossible to sever the race-related bar to school transfers, held to be impermissible, from the rest of the act and struck the whole thing down. In that case, you can find the Arkansas Supreme Court guidance on severability.

The Arkansas Supreme Court looks to two considerations to determine severability: “(1) whether a single purpose is meant to be accomplished by the act, and (2) whether the sections of the act are interrelated and dependent upon each other.” In U.S. Term Limits, Inc. v. Hill, the Arkansas Supreme Court provided further guidance, stating “it is important whether the portion of the act remaining is complete in itself and capable of being executed wholly independent of that which was rejected.”

It is laughable, of course, that Jason Rapert would say he'd be happy to testify as to his intent that a part of the law be severable. It'd have no more weight than my aging French bulldog's testimony. Legislative intent in Arkansas is demonstrated solely by the words of the statute itself.

I'm afraid, however, there's a case for arguing that the mandatory ultrasound clause is capable of being executed independently, even if it was included only to create the standard for criminalizing an abortion, which it no longer can do.

A woman seeking an abortion has no need for an ultrasound test in that she plans to terminate the pregnancy. But anti-abortion forces like to require these tests for the emotional influence the test might bring to the decision. The Guttmacher Institute, while noting that an ultrasound is not medically necessary in the first trimester, says that eight states mandate an ultrasound for women seeking abortions.

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Remember Jon Hubbard? He hasn't mellowed

Max Brantley — Sat, 18 May 2013 07:10:00 -0500

Remember Jon Hubbard, the former Republican legislator from Jonesboro whose views proved too extreme for voters in 2012, though not for the Republican Party of Arkansas? (His self-published book included the observation that slavery had some positive benefits for black people.)

His fighting spirit continues, as evidenced in an op-ed this week in the Jonesboro Sun.

Why does he rage? That evil Barack Obama is why.

Perhaps the most valuable lesson I learned as a result of the 2012 election was that you cannot expect to win, or even survive, a political campaign when you are totally committed to playing by the rules when your opponent refuses to do so. The same is true when it comes to saving our nation from the clutches of an obsessed, liberal-socialist-globalist agenda.

A little more than four years ago, the people of this country sat quietly by as we were informed that America was no longer a Christian nation.

...A few weeks ago Barack Obama publicly called upon his god to “bless” the abortion providers he so proudly refers to as Planned Parenthood.

...When Obama was promoting the virtues of same-sex marriage, I couldn’t help but wonder where in the Holy Bible he found evidence to show that Jehovah God, the God of Abraham, Moses and Daniel, sanctified this abominable lifestyle?

...We are also now learning of the targeted attacks by Obama’s IRS Gestapo against not only tea party groups, but also against Jewish organizations.

...Obama has systematically gone about his primary objective to destroy America...

...There is no doubt that the Arkansas branch of the liberal-Democrat-socialist propaganda machine will come out in full force to try to discredit both this message and the messenger, but let’s not forget that Adolf Hitler also had his own well-oiled propaganda machine working around the clock to deceive and masquerade his true intentions of evil and world subjugation.

...Does America still have any chance of surviving Obama and his anti-American agenda? Of course we do, but only if those who really love this country are willing to come to her defense in this, her greatest hour of need!

If only the propaganda machine was as well-oiled as Hubbard imagines.

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Crisis at the NLRB

Max Brantley — Sat, 18 May 2013 06:59:00 -0500

If left to the Republican Party, there'd be no National Labor Relations Board to look after employee rights in the workplace. Republican opposition forced President Obama's appointment of members to the NLRB while the Senate was in recess, a process that courts have invalidated. The Senate may finally attempt to move on presidential nominations to the Board next week, but who knows. Without three members, the NLRB can't act.

Richard Trumka, leader of the AFL-CIO, has written an opinion piece on the NLRB battle, and is distributing it around the country co-signed by local labor leaders — here Alan Hughes of the Arkansas AFL-CIO.

It follows:

Crisis at the NLRB
By AFL-CIO President Richard Trumka and Arkansas AFL-CIO President Alan Hughes

Most people in Arkansas don’t even know what the National Labor Relations Board is. Well, why should they? Here’s why.

For decades, American labor law helped working people come together to have a voice on the job which in turn gave them a say in our economy and in our politics and public life. This freedom to organize, which is enshrined in the National Labor Relations Act (and, by the way in the United Nations Universal Declaration on Human Rights) helped produce the greatest period of sustained and broad prosperity in our country’s history.

Everyone did better.

Broadly shared prosperity is needed once again. In order to rebuild our economy and level the playing field for all working people — union and non-union — the law protecting workers’ rights must be enforced. That’s the role of the National Labor Relations Board — and it needs to work.

That doesn’t mean protecting the rights of working people as opposed to the rights of employers. It means ensuring the NLRB’s ability to promote commerce by governing the relationship between workers and employers.

The less the board works, the more America’s economy falls out of whack, as we see it today with record inequality and a shrinking middle class.

But currently the NLRB is under unprecedented attack by extremist Congressional Republicans and corporate lobbyists who want to weaken the board’s power to protect workers who choose to organize and form unions on the job.

While this issue may not grace the front page of every newspaper the effects are and will continue to be felt at home here in Arkansas and across the nation.

In the face of partisan obstruction threats in Washington, President Obama made three Board recess appointments. But an unprecedented and radical decision by conservative U.S. District Court judges has put these appointments in jeopardy.

To make matters worse, House Republicans are pushing legislation to further cripple the Board. Their so-called “Preventing Greater Uncertainty in Labor-Management Relations” Act (H.R. 1120), despite its name, would create more uncertainty and deprive workers of enforceable rights.

These attacks are causing real consequences in real people’s lives.

Marcus Hedger is just one of the many workers who has been denied justice because of the attack on the NLRB. Marcus was the Chief Steward for the union at Fort Dearborn Co. After the union rejected a company proposal Marcus was fired and told the company was tired of the “union circus”. The NLRB rules that the firing was illegal and ordered the company to rehire Marcus, but the company has refused because of the Noel Canning decision. Marcus recently lost his home to foreclosure because of the financial distress he faced after being unlawfully fired.

Marcus is hardly alone. Four years ago, Visions of Elk River a Minnesota school busing company illegally fired two drivers and three aides, who accompany special needs children, for trying to form a union. The firings were motivated by employees’ known involvement in past union activity. Let me be clear.

Without a functioning NLRB, these people were fired, not for doing something wrong, but for doing something that’s protected by law, by openly talking about forming a union or bargaining for a better life. And yet their lives have been thrown into turmoil, and they have no effective recourse.

Justice delayed is justice denied, and justice to working people is being seriously denied because of the instability being forced upon the NLRB.

President Obama has taken an important step towards restoring stability to our system of labor-management relations by nominating a full, bi-partisan package of nominees to the NLRB.

Arkansas’s working people can’t wait in limbo any longer.

Responsibility for providing needed stability and the functioning NLRB working people need and deserve is now up to the U.S. Senate. John Boozman, Mark Pryor and other members of the Senate should act quickly and confirm the President’s full slate of nominees.

###

Richard Trumka is president of the 12 million member AFL-CIO
Alan Hughes is president of the 30,000 member Arkansas AFL-CIO

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