Saturday, February 11, 2012

Saturday, February 11, 2012 - 06:49:51

Koch-head watch: beach retreat on education

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I guess you noticed that Jason Rapert and Co., who propose to put state legislatures like Arkansas's in charge of the federal budget, brought in a hired hand from the Koch-financed American Legislative Exchange Council (a thinly disguised lobby for anti-tax, anti-regulation and other pet billionaire causes) for their publicity stunt this week.

More on ALEC's activities (Center for Media and Democracy). And I'd like to know if any worthy Arkansas legislators were in on this winter getaway to sunny Florida.

It's about a privacy-shrouded retreat for state legislators that began Feb. 2.

Today, hundreds of state legislators from across the nation will head out to an "island" resort on the coast of Florida to a unique "education academy" sponsored by the American Legislative Exchange Council (ALEC). There will be no students or teachers. Instead, legislators, representatives from right-wing think tanks and for-profit education corporations will meet behind closed doors to channel their inner Milton Friedman and promote the radical transformation of the American education system into a private, for-profit enterprise. (ALEC has claimed no corporate reps will be there but it has refused to let the press attend to see this claim for itself.)

The Koch-financed school "choice" movement — the choice eventually to be at institutions the billionaires either own or their management corporations are paid to run — is already on the ground in Arkansas with paid operatives and busy social media outlets. Surely an Arkansas legislator or three got a ticket to Florida for this confab.

The Goldwater Institute, a promoter of Rapert's wacky notion to put him in charge of the federal budget, also promoted this closed-door education meet. You've seen some of the results already.

ALEC's education bills encompass more than 20 years of effort to privatize public education through an ever-expanding network of school voucher systems, which divert taxpayer dollars away from public schools to private schools, or the creation of new private charter schools with public funds, and even with private online schools (who needs actual teachers when you can have a virtual one?). The bills also allow schools to loosen standards for teachers and administrators, exclude students with physical disabilities and special educational needs, escape the requirements of collective bargaining agreements and experiment with other pet causes like merit pay, single-sex education, school uniforms, and political and religious indoctrination of students.

States where students score well on tests but where ALEC's legislative agenda around school choice, charters, merit pay, de-unionization and alternative certification have not yet taken hold get low grades. States where elected officials are gung-ho for ALEC's agenda but the students are not faring so well are still graded generously.

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Saturday, February 11, 2012 - 05:46:24

How Dustin McDaniel spends your money

YOUR MONEY: Questions on how Attorney General Dustin McDaniel chose to spend it.
  • YOUR MONEY: Questions on how Attorney General Dustin McDaniel chose to spend it.
Belatedly last night, I began thinking about the 49-state settlement of a legal action against five major banks over mortgage foreclosure practices. The proposed terms await approval by a federal judge. Specifically, I started thinking about Arkansas Attorney General Dustin McDaniel's decision on how Arkansas's share of the settlement is to be spent.

Much attention has been focused in the past on McDaniel's unilateral control of money won in lawsuits brought on behalf of the state. Since he writes the terms of the distribution for the court orders, he effectively acts as legislature and governor for expenditure of money awarded to the state. His famous direction of a drug lawsuit settlement to build a classroom for the State Police (a use not related to the lawsuit nor even mentioned in the terms of the lawsuit settlement) caused controversy. This prompted him to establish a procedure for using lawsuit money, but it was mostly window dressing to put a gloss on continuation of existing practice.

McDaniel thinks he's clearly allowed to spend this money as he chooses by a 63-year-old court case pertaining to so-called cash funds. The Constitution seems to others to more clearly that money can't be spent in Arkansas without a legislative appropriation. Some Republicans, including Lt. Gov. Mark Darr, have called for McDaniel to show more deference to the Constitution.

So back to mortgages. Wisconsin Gov. Scott Walker has set off a commotion there by directing Wisconsin settlement money to cover state budget shortfalls. Arkansas has a few of these, too — Forestry Commission repayments; legal assistants; drug courts.

I wondered if the governor or legislative leaders had been consulted on spending this mortgage money. I wondered, first, however, why ALL the $39 million in benefits directed to Arkansas didn't go to victims of the banks' shoddy practices. About two-thirds of the $39 million, $26 million, went that direction, in the form of principal write-downs, mortgage refinance and direct payments to people who've been foreclosed. This will go directly from banks to consumers so there's no appropriation issue with that money. Even the full amount wouldn't begin to make bank victims whole, though they remain empowered to sue individually.

McDaniel personally plans to appropriate $13 million in direct spending for these purposes, subject to court approval:

* $9 million to the Arkansas Development Finance Authority. For what? Housing is mentioned. So is "economic development." Specifics are lacking. Slush fund comes to my mind, though McDaniel PR man Blake Rutherford says I'm all wet. Housing assistance would certainly seem to fit in the broad umbrella of the lawsuit. Some other ADFA "economic development" activities of years past — a dubious politically connected loan to a marginal food safety company or help for an ice cream maker on shaky footing — would not, at least in my opinion.

* $2 million to the Arkansas Access to Justice Commission. It's an organization with virtually no current footprint that, I believe, intends to provide legal help for needy people. More details needed on spending of that money.

* $1 million to the state's two law schools for their legal aid clinics. Is this operating support? Or does it mean expansion of services?

* $1.4 million will go to the state treasury for costs and fees. In which state account it falls for what possible purposes are questions as yet unanswered.

I posed questions on this topic yesterday evening to the governor (was he consulted?) and attorney general. I hope eventually to hear more, first on McDaniel's authority to spend $13 million unilaterally. I also wanted more specifics on how that money is to be spent, beyond feel-good words like generalized promises of housing assistance and the most dangerous, if sacrosanct, of all public spending words — "economic development," aka corporate welfare. I got a partial response on that point from Rutherford later last night:

Continue reading »

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Friday, February 10, 2012

Friday, February 10, 2012 - 17:43:00

The Celebrating the Two-Party System Edition

Arkansas Times Week in Review Podcast image

The Obama administration and the furor over the contraception coverage issue, the state forestry commission (and whether anyone cares), the $26 billion settlement with mortgage lenders and Mayor Stodola's defeat at the Little Rock City Board meeting last week are all covered this week.

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Friday, February 10, 2012 - 16:10:53

Thank goodness, it's Friday

The line is open. Final notes:

* MARKY MARK: Secretary of State Mark Martin said it's too late to change Senate boundaries for this year's election. This in response to a federal voter rights lawsuit by Sen. Jack Crumbly and friends, who think his district, though majority black, isn't black enough. Martin says he didn't dilute the district. He hired an outside lawyer to say this for him at $200 an hour, when the attorney general could have said it for free.

* STATE HOSPITAL IMPROVING: Another report on the State Hospital's efforts to comply with federal Medicare and Medicaid rules reports some progress for a change.

* MITCH MUSTAIN TO TRY BASEBALL: The former quarterbacking man whose football career peaked at Springdale High, has signed a minor league contract with the White Sox. He hasn't pitched competitively since high school.

* ASSISTANT POLICE CHIEF FIRED IN PINE BLUFF: That's the report from Channel 11, via the Pine Bluff Commercial, on Ivan Whitfield. Here's the background on a typically Pine Bluffian tale of official intrigue. Supposedly one of the assistant chief's guns was found on a criminal suspect. The police chief is supposedly unhappy because the assistant chief would not tell her his source of a tip on trouble her boyfriend got in at a bar. Whitfield is also a candidate for county judge. Fox 16 promising interview with Whitfield tonight.

* LATE THOUGHT: Mulling questions on Attorney General Dustin McDaniel's unilateral spending of $39 million from the mortgage lawsuit. Shouldn't the legislature decide those issues? Why didn't the money go all to banks' victims? What will ADFA use its $9 million slice for? Doesn't the state need money for forestry, court employees and drug courts, among others? Is an economic development slush fund really a better use?

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Friday, February 10, 2012 - 15:41:23

Fatal accident on West Markham

Lisa Bohannon, 52, of Little Rock died after a wreck that occurred about 10:45 a.m. today when she pulled out of the Chick-fil-A restaurant in the 6000 block of West Markham and into the path of car being driven eastbound on Markham by Pamela Broadston, 47, of Little Rock. Bohannon's car came to a stop on the lot of Park Plaza, across the street. A witness said she didn't appear to have life-threatening injuries, but the police received word she had died after being taken to UAMS.

Bohannon was driving a 1997 Ford Contour and Broadston was driving a 2001 Toyota. The road was wet and rain was falling at the time.

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Friday, February 10, 2012 - 15:09:48

State financial oversight strikes again

The Arkansas Human Services Department today formally announced that a new operator was taking over Head Start programs for some 1,700 kids that had been operated by a Russellville organization under two funding sources — state and federal. The operator turns out to have big financial problems. Deficit spending, paycheck withholding not forwarded to proper recipients. That sort of thing.

But I noticed this sentence in the state news release.

Prior to the financial issues that surfaced in January, the program had a history of compliance with state regulations, including licensing and ABC requirements, as well as a high-quality rating for the educational services it provided.

Yeah, and prior to the financial issues that surfaced in the fall, the Forestry Commission had a history of compliance.

And prior to letters written on paper that surfaced in the media few months ago, state Rep. Justin Harris and state Sen. Johnny Key had a record of compliance with state law in operation of their ABC-funded daycare centers. Only thing is, the record was wrong. They were flouting the law that prohibits religious instruction in the taxpayer-funded program. DHS just looked the other way.

Prior to surfacing issues, EVERYONE is in compliance.

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Friday, February 10, 2012 - 14:48:39

There will be winter

Coming this weekend, apparently. Here's the Weather Service's most recent forecast for snow and sleet over Little Rock and points north on Monday, but this forecast is in the iffy stage at the moment, I think.

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Friday, February 10, 2012 - 11:19:05

Mike Huckabee lie about Obama? We report, you decide

Mike Huckabee, who doesn't release his income tax returns, jumped President Obama today on several points, first his support for the availability of birth control for women and then on the president's supposed dishonor of God for insufficient charitable contributions. From Huffington Post:

His final attack on Obama was over his tithing, which refers to the 10 percent Christians are told to donate to the church or other charities. Obama paid about one percent of his income, Huckabee said, quoting from the Bible that tithing less is "stealing from God."

"If a person will rob God, that person will steal you blind, don't you ever forget it," he said.

Additionally, CBS had this Huckster quote:

"All respect due, he reported giving 1 percent of income to charity, and he wants to lecture me about being responsible as a steward of my resources?" he said, referring to Mr. Obama's statements calling on the wealthy to pay their fair share in taxes.

From the White House statement on President Obama's last tax return:

Today, the President released his 2010 federal income and gift tax returns. He and the First Lady filed their income tax return jointly and reported an adjusted gross income of $1,728,096. The vast majority of the family’s income is the proceeds from the sale of the President’s books. The Obamas paid $453,770 in total federal tax.

The President and First Lady also reported donating $245,075 — or about 14.2% of their adjusted gross income — to 36 different charities. The largest reported gift to charity was a $131,075 contribution to the Fisher House Foundation. The President is donating the after-tax proceeds from his children’s book to a Fisher House scholarship fund for children of fallen and disabled soldiers. The President and First Lady also released their Illinois income tax return and reported paying $51,568 in state income taxes.

There is something in the Bible, isn't there, about bearing false witness?

Mr. Huckabee, release your tax return.

UPDATE: Says here Huckabee also misquoted Obama's remarks. About what you'd expect from the former leader of a Banana Republic.

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Friday, February 10, 2012 - 10:39:00

Bank robbery in Heights, with bomb threat

AT THE SCENE: Kavanaugh was blocked as bomb squad inspected pack left by robber at bank.
  • AT THE SCENE: Kavanaugh was blocked as bomb squad inspected pack left by robber at bank.

Huge hubbub on Kavanaugh in the Heights today as police, fire squads and others responded to a bank robbery about 10 a.m. at a U.S. Bank branch at 5200 Kavanaugh. The robber left a backpack that he said contained a bomb, but the bomb squad handled it without incident.

The robber escaped with an undisclosed amount of money. That set off a lengthy drama as officials cleared the bank and residences nearby to investigate the pack he'd left behind. Bomb squad x-rays showed wires in bag.

At 11:54 a.m., the bomb squad blasted the package with a water cannon and officers began moving in after no explosion followed. The pack apparently didn't contain explosives, but a rig meant to look like one. The neighborhood and traffic began returning to normal about 1 p.m.

When the man entered the bank he told an employee who was on the phone, "Give me the money. I guess I'm going to have to do this the hard way." He then removed a cell phone from his pocket and said as if he was talking to someone, "Activate." He jumped across the counter and grabbed cash. He threatened to kill anyone who called the police, then left the bank on foot, last seen walking on Newton Street.

SUSPECT: Police released this photo of robbery suspect.
  • SUSPECT: Police released this photo of a suspect, 50-year-old Daniel Darrel Wheelis, described as homeless and living in an old Chevy. He has warrants for his arrest on other charges.

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Friday, February 10, 2012 - 10:16:36

Obama administration guarantees free contraception

THE PILL: Obama has women covered.
  • THE PILL: Obama has women covered.
The White House statement on its changes in policy on contraception to remove religious objections is on the jump. It will require insurance companies to provide free contraception coverage, as part of free preventive health coverage, with no co-pays, at no cost to an employer where that employer refuses to support birth control pills and other contraceptive services for women.

No involvement of a religious institution will be required. Nor will it be required of a business, such as a hospital, loosely affiliated with a church. Insurance companies will provide coverage directly. It will save money in preventive care.

Could a religious group possibly still object? You know they will. Because the critics prefer a policy that crams THEIR religion down YOUR throat. They are close to ridding huge swaths of the country of the availability of legal abortion and many of them have made clear that birth control is next. The newly hot Republican president candidate Rick Santorum has already expressed his disagreement with the U.S. Supreme Court ruling that prohibited states from outlawing contraceptives.

The White House fix is the big news. But I urge you to refer back to my earlier post, loaded with interesting stuff. There's the fact that federal labor law — instituted in 2000 — has long prohibited all employers with 15 or more workers from discriminating in prescription coverage. If it covers drugs, it must cover birth control, not just Viagra. There's Mike Huckabee's wild demagoguery at CPAC, along with his rip of President Obama for not tithing. There's polling that even the original controversial policy was popular with a majority of the U.S. and of Catholics. Now the numbers should go to 60 or 70 per cent approval. Check it out.

Planned Parenthood backs this compromise, of course. Birth control means fewer problem pregnancies and many fewer abortions.

UPDATE: Dr. No Boozman doesn't like it and is looking for a solid reason that he hasn't yet found. But he'll find something. He doesn't want women to have birth control pills.

Continue reading »

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Friday, February 10, 2012 - 10:02:27

John Shannon resigns as state forester after adverse audit

JOHN SHANNON: Out as state forester.
It's official — as if we needed legislative audit's imprimatur for what had already been admitted.

The Arkansas Forestry Commission improperly borrowed federal grant money to meet operating costs. About $6.4 million worth. As a result, John Shannon has submitted his resignation as state forester.

Here's the full audit report.

The following was written before his resignation announcement and subsequent update:

Legislative Joint Audit heard the report this morning. Forestry tapped the money 59 times over four years before the practice was discovered and halted. To balance the books in the future, 34 people were laid off and two retired. The coming legislative session will consider supplemental money to cover past expenditures and a fund transfer to rehire 15 firefighters.

The audit places some of the blame on John Shannon, head of the division, for not being fully informed on grant requirements and monitoring the situation. The harshest critics of the agency — Republicans generally — have said they are reluctant to approve fixes for the commission without a change of leadership. I've asked the governor's office if he remains supportive of Shannon, who has put blame on his top accounting officer for the problem. The audit notes that the chief fiscal officer, Robert Araiza filed the inaccurate documents and drew the federal money improperly. He no longer works at Forestry.

The report will be forwarded to prosecutors, as is often done.

Accountability in the Beebe administration? We'll see.

The governor's office says a statement is coming later this morning. That has an ominous ring for someone, I think.

UPDATE: Shannon has resigned. Statement from governor's office:

Effective at the end of business on Friday, John Shannon is resigning as Arkansas State Forester. Shannon's decision came after reviewing the results of the Division of Legislative Audit's investigation into financial problems at the Arkansas Forestry Commission.

"John Shannon has helped develop the Arkansas Forestry Commission into a widely respected agency that Arkansans count on, especially in times of crisis," Beebe said. "However, after Legislative Audit's review of the financial troubles at Forestry, I agree that a change in management is needed. I thank John for his years of dedicated service to Arkansas."

The Arkansas Forestry Commission will make a recommendation to Governor Beebe for an interim agency head. Shannon's resignation does not change Beebe's supplemental request for the rest of the fiscal year and will not alter plans to rehire 15 firefighters with reallocated Agriculture Department funds.

State finance chief Richard Weiss says his agency will begin reviewing every budget line of every state agency, though, in defense, he says one agency has never gone off the reservation so badly before. I think Republican critics raise a fair point. Shannon knew he had money troubles. He wanted to talk about tax increases two years ago, but Gov. Beebe didn't want to have such a discussion in an election year. As a practical political matter, Beebe was correct. It would have been futile. But .... we'll never know if the occasion of the meeting might have brought a deeper examination of the need for more money and uncovered the improper borrowing sooner.

After the fact, apologies for oversights all around and promises of a new day at forestry. Shannon still blaming Araiza, who has previously pointed finger back at Shannon. I think it is fair to say the chief executive of an agency should be well versed in uses of federal money (the feds are famous for being picky about this) before tapping it nearly five dozen times.

UPDATE: Jason Tolbert has more coverage plus video of Shannon and Araiza in their finger-pointing during the two-hour session. As the man at the top for such an extended problem, Shannon was due for this fall almost regardless. But if Araiza knew better and didn't blow the whistle — or if he didn't know better — well, perhaps he should get some close watching at his new state job at Career Education, a department that could stand some watching based on recent events.

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Friday, February 10, 2012 - 09:43:31

West Memphis vote fraud probe continues

Channel 24 in Memphis provides another hint at the outline of allegations of vote fraud that are subject of a special prosecutor's review in Arkansas and probably a federal Grand Jury investigation in Little Rock. The news here is a voice mail left with one candidate by a man who later was a hired campaigner for Hudson Hallum, who narrowly won a special Democratic primary for an open House seat over Kim Felker with the help of a wide lead in absentee ballots. The caller's message indicates he wanted to talk to Felker about absentee ballots in West Memphis. She didn't respond to the call.

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Friday, February 10, 2012 - 08:47:03

Foreclosure filed on Hot Springs Documentary theater

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The Hot Springs Sentinel-Record reports Arvest Bank has filed a foreclosure suit over more than $300,000 in loans on the Malco theater and related property in Hot Springs, home to the Hot Springs Documentary Film Festival.

The festival, whose money troubles are an issue of long standing, will continue, a spokesman says.

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Friday, February 10, 2012 - 07:41:50

White House has contraceptive policy compromise

Politico has scoop on coming White House compromise intended to quiet storm about the policy aimed at protecting access to contraception under employer health plans.

Details not available.

Prediction there is that Catholic bishops won't accept it. Of course they won't. They and many Republicans are at war against women's rights and birth control pills (even when used for therapeutic reasons). I'll be surprised if they don't stand behind the Rubio- and Boozman-backed legislation to allow any employer to remove contraception coverage from health policies.

Too late for reason to intervene, but I'd still encourage you to listen to constitutional law authority David Boies explain how this is not a religious issue, but a labor law issue. Could a hospital or college that operates in the public sector that believed in child labor or opposed hiring Muslims legally employ children or refuse to hire a Muslim? Of course it could not.

PS — Polling continues to show CATHOLIC voters favor contraception coverage. This pollster also says, overall, that social issues fail as campaign issue to jobs and economy. You wouldn't know that listening to Rick Santorum. Polls says 46 percent of Catholics less likely to vote for Romney over his anti-contraception stance, while it helps him with only 28 percent. Maybe the president shouldn't chicken out.

PPS — It has been established law since 2000 — and George Bush never objected to the EEOC ruling — that employers with more than 15 employees who provide prescription coverage must provide birth control pill coverage. If you don't offer prescriptions or offer no insurance at all you are exempt. It's a simple civil rights question. It grew out of employers' hurry to cover men's Viagra while they were failing to cover birth control pills. This is the reason many businesses with religious affiliation — hospitals and universities, for example — already provide contraception under health insurance plans. In other words, this big fight about religous freedom is a bunch of dishonest bull. But the Republicans and the Catholic Church already knew that.

"We have used [the EEOC ruling] many times in negotiating with various employers," says Judy Waxman, the vice president for health and reproductive rights at the National Women's Law Center. "It has been in active use all this time. [President Obama's] policy is only new in the sense that it covers employers with less than 15 employees and with no copay for the individual. The basic rule has been in place since 2000."

PPPS — Where's a bloody shirt to wave, Mike Huckabee will be there to wave it. He told CPAC "we are all Catholics now." Law don't mean squat to the Huckster. He went further on the religious front, suggesting that President Obama is "stealing from God" for not giving 10 percent of his income to church or charity. I don't think the Huckster has released a copy of his income tax return for comparison.

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Friday, February 10, 2012 - 07:19:25

Truck tax break repeal on agenda; expect nuttiness

Legislation was filed yesterday, supported by legislative leadership, to repeal a sales tax break for big trucks and trailers approved in 2011. It was to take effect July 1 as compensation for voter approval of a 5-cent-a-gallon increase in the diesel tax to pay for a highway bond program.

TRUCKERS FRIEND: Nate Bell.
  • TRUCKERS' FRIEND: Nate Bell.
The diesel tax election was scrapped because of expected defeat. The truck lobby for a moment thought it should keep its tax break anyway, but quickly realized the untenability of that position and said it agreed that the sales tax exemption should not be put in effect. In a state already leaking from money shortages, it is the right thing to do. This is apart from the lack of wisdom in giving another tax break to a cosseted industry that already causes more damage to highways than it pays for.

Here's a potential rub: Rep. Nate Bell, the Republican who has compared Democrats to Nazis for legislation introduced for the public good (restrictions on cell phone use in school zones, for example), has declared on Twitter that he will not support this "tax increase." It is dishonest, close to a lie, to say this bill is a tax increase. It will prevent implementation of a tax break that has not taken effect. It was a break that was to be given in return for a diesel increase. What Bell is really saying is that he favors a further tax cut for people tearing up our roads. It is the best example yet of the folly of the Republican notion that if we just cut taxes enough, prosperity will abound. Perhaps. But you'll need an ATV to drive on the interstates to Memphis, Fort Smith and Texarkana. Does Bell have support from sufficient like-minded 'baggers to impede passage? We'll soon see.

Next time a rumbling rig blows you off the road or you get rocked by an interstate pothole, remember Nate Bell. He's got their back.

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