Brendan Doherty and ‘Right to Work’ in Rhode Island


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Brendan Doherty, it turns out, thinks Rhode Island would be well-served by making Rhode Island a “Right to Work” state. “Right to Work” is an exemption to federal labor laws that allow employees to enjoy union benefits without being a member.

“I believe in a right to work state” Doherty told the Barrington Republican Committee last weekend, according to this video on Barrington Patch. “I believe times have changed and we’re in tough times in this country and we need to make changes.”

“Right to Work” laws may sound benevolent, but they are bad for the middle class. According to a 2011 report from The Economic Policy Institute, wages are 3.2 percent lower in Right to Work states.

Indeed, the “Right to Work” rule isn’t about fair wages (or the right to work, for that matter) but rather about trying to break the backs of organized labor.

“‘Right to Work’ is nothing more than code for union busting,” RI Democratic Party Chairman Ed Pacheco, said in an email. “Collective bargaining allows workers to come together and fight for an honest wage for an honest day’s work to support their family. Passing a Right-to-Work law obstructs that ability to ensure proper pay and working conditions.”

If any of the Democratic candidates for the 1st Congressional District seat (of which there could be three, if David Segal decides to throw his hat into the ring) want to let us know what they think of Right to Work laws, please leave us a comment below…

The Roots of Progress (Part 1: In England)


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Adam Smith

“…10. Tenthly, that you will take some speedy and effectual course to relieve all such prisoners for debt as are altogether unable to pay, that they may not perish in prison through the hard-heartedness of their creditors; and that all such who have any estates may be enforced to make payment accordingly, and not shelter themselves in prison to defraud their creditors…

…12. Twelfthly, that you will provide some powerful means to keep men, women, and children from begging and wickedness, that this nation may be no longer a shame to Christianity therein…”

-From the Large Petition to Parliament, 1647; Most prominent author: William Walwyn

William WalwynThe above was written during the English Civil War, by members of the group known to history as the Levellers. The Levellers had a radical idea: that government derived its legitimacy from the people, and thus that the supreme part of government was not the King or the House of Lords, but the House of Commons which was the assembly of the representatives of the people. Taken as a whole, the works of the Levellers were perhaps the first coherent and dominant tracts about democracy in the English language. Their works were highly popular with the parliamentarian New Model Army (one tract was entitled The Case of the Army, Truly Stated), which led to their challenging Oliver Cromwell. Eventually, Cromwell dealt with them the way King Charles I dealt with them; prison and murder.

We have trouble conceiving of the past without thinking about it in terms of the present. Thus we don’t realize the effects the English Civil War had on government and philosophy. Besides the Levellers, the Diggers came along (sort of proto-socialists); more famously, both John Locke and Thomas Hobbes are highly influenced by the war. We also can’t realize that the English were rapidly shifting from a feudal society that viewed anyone utilizing market forces to enrich themselves as sinful to a mercantile society that was the foundation for what became capitalism. When we learn the history, we largely de-emphasize or ignore the Agricultural Revolution that preceded the Industrial Revolution; the former freed up millions of people for the latter.

It’s important to understand that the two demands above weren’t just separate from a host of other social justice demands, they also fit into a larger body of work (along with An Agreement of the People) that expressed democratic thought in an era where the use of the word “democracy” was akin to calling someone an anarchist. Expressed from highly pious and Christian position, at the very beginning, the case for democracy included a mandate for government to take care of the less fortunate. To include that in our demands about the purview of the government should not be as radical as it was over three hundred years ago; yet many persist in making it so.

…”the understandings of the greater part of men are necessarily formed by their ordinary employments. The man whose whole life is spent in performing a few simple operations, of which the effects are perhaps always the same, or very nearly the same, has no occasion to exert his understanding or to exercise his invention in finding out expedients for removing difficulties which never occur. He naturally loses, therefore, the habit of such exertion, and generally becomes as stupid and ignorant as it is possible for a human creature to become. The torpor of his mind renders him not only incapable of relishing or bearing a part in any rational conversation, but of conceiving any generous, noble, or tender sentiment, and consequently of forming any just judgment concerning many even of the ordinary duties of private life… But in every improved and civilized society this is the state into which the laboring poor, that is, the great body of the people, must necessarily fall, unless government takes some pains to prevent it.”

“The necessaries of life occasion the great expense of the poor. They find it difficult to get food, and the greater part of their little revenue is spent in getting it. The luxuries and vanities of life occasion the principal expense of the rich, and a magnificent house embellishes and sets off to the best advantage all the other luxuries and vanities which they possess. A tax upon house-rents, therefore, would in general fall heaviest upon the rich; and in this sort of inequality there would not, perhaps, be anything very unreasonable. It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion.”

-Adam Smith, in The Wealth of Nations

Adam Smith
Adam Smith

In the first quote above, Adam Smith describes what Karl Marx would eventually call “alienation” as an effect of the division of labor. Rereading it, you can see the natural elitism of Smith, but that doesn’t really make him any different from any other theorist of his times. The reality about Marx (besides that he was often wrong) is that most of his critiques of capitalism existed prior to him writing them down. They were made often by Christians who viewed capitalism as a real danger to the social fabric of the people’s lives. The Chartists in England made many critiques of the capitalism they saw about a decade before Marx set down to writing. In the fog of history though, when we get to these views, we label them all as “Marxist” or “socialist” or “communist”. Anti-capitalism has existed as long as capitalism. Its critiques are right there besides its birth.

More interesting to me is the second quote, which many read as an argument for progressive taxation (I find it hard not to read it that way). Taken with the first quote, it seems to advocate government spending and programs to assist the poor. Why, almost a redistribution of wealth. In the very foundational text of capitalism. Odd.

Governor Lincoln Chafee has before him a plan to end homelessness. The General Assembly has before it progressive taxation as well as quite a few bills aimed at assisting the less fortunate. These are in keeping with the foundational mandates of both democracy and capitalism. Perhaps we should determine whether we continue with this system, or whether we should abandon them for a more sinister version of each.

 

Part 2 is forthcoming. Hints: Common Sense and Whiskey.

The Internet Advances Government


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Take a few minutes to watch Jennifer Pahlka at a TED conference.

 

Essentially, I’m a big fan of initiatives that do two things: 1. make government more responsive, and 2. save government money. At the same time, for those of my generation who see this sort of stuff as patently obvious, it’s nice to know that people are actually doing this somewhere. There’s tons of issues with bureaucracy, but to put it simply, it’s not going away. We also forget (or just plain don’t know) how much policy is being made down the line by people in government. Sometimes, it doesn’t make sense to go after a politician when focusing on a bureaucrat will do just as well, and probably be more successful.

I hope more ideas like those Jennifer Pahlka and Code for America are producing will find their way into government. Because we can spend a long time arguing about how to fix it, and electing people who say they’re going to fix it, and still not fix it.

 

UPDATE: Bob’s pointed out there’s a very similar talk, that’s about ten minutes longer than the one up there that gets into way more than the other. Taken together, they’re a good meditation on the difference between advocating for smaller government and advocating for more efficient government.

And I should take the moment to point out how we respond to this stuff in our own cities and towns. We spend a long time squabbling over the same things because those are perennial issues and they’re guaranteed to get voters out. But as folks are advocating this “knowledge economy” we need to start focusing on making our government more responsive via its technology.

Take GoLocalProv’s “See Click Fix“. You don’t have to spend more than a minute to discover that almost all are still listed as “open”, meaning nothing’s been done. But a large portion of them are not things that government can actually effectively do anything about. “Eyesore building” is a problem for the building’s owner. And I wonder how connected this app is with, say, the Public Works departments of various cities (I suspect not at all). But graffiti? Guess what, you can do that on your own. Providence, with its budget deficit, is finding it harder and harder to fix things.

The great danger of government is that people use it to solve problems they themselves are capable of taking care of. I’ll give you a counterexample of that: when I was young a windstorm blew a large tree limb down across the sidewalk in front of an apartment building. Any time anyone walked down the street, they had to walk around the thing. I got sick of doing that after a few days, so I went home and got the saw out of the shed and went back and spent about twenty minutes or so clearing the limb. It didn’t take long, and it could’ve been done by anyone at any time. I just took the initiative.

Too often, people take an elitist attitude when dealing with others. “Those folks are just stupid,” we say, failing to attempt to comprehend the opposing view point. A commenter on this site recently quoted H.L. Mencken’s “no one went broke underestimating the intelligence of the American people.” I want to take this moment to call out that kind of attitude as both unproductive and just plain foolish. The American people are pretty intelligent. Collectively, they’ve built one of the most powerful nations in all of history. We all got rich off the intelligence of the American people.

It’s people like Ms. Pahlka and Code for America who are advancing us. It’s those that say there’s no way we can solve problems, those that throw up their hands and say “well, everyone’s just a crook” that aren’t helping. I like the idea that government is what we do collectively that we can’t do ourselves. That’s the government I want, in Providence, in Rhode Island, and in the United States. Nothing is insurmountable.

Budgeting for Disaster Part IV: Lack of Education


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FY2013 budget

FY2013 budget

After spending time with Appendix C of the Executive Summmary, it only makes sense to dip into Appendix D, doesn’t it? C was about state aid to the parts of municipal budgets that aren’t education. D is about the much bigger contribution the state makes to education.  Once again, the really interesting things about the numbers in D are how they’ve changed over the years.  (The information is reproduced in the Technical Appendix, page 211, and that table goes back more years.)

You can write an entire book or two about the funding of education in Rhode Island. But this is a tour of the entire budget, so we’re just going to skim some of the important points.

In 2013, the Governor’s budget would provide $674 million to all the cities and towns, to help run their schools, plus another $46 million for charter schools. This is up from $616 million last year, and the difference is revenue from the proposed increase in the tax on restaurants and hotels.

As of 2010, the latest year for which the collected municipal budget data is available, all the cities and towns together spent $1.79 billion on education. To that amount, the state contributed $592 million, plus another $30 million for charter schools.

A couple of points leap out here. The first is that, just since 2010, charter schools have seen a 53% increase in state funding, while everyone else got 15%. You might sniff at that and say 15% isn’t nothing, but in 2008, the traditional schools got $98 million more than they got in 2010, and $16 million more than they’ll get in the proposed budget — the rosiest scenario on the table — in 2013. That is, between 2008 and 2010, they were cut from $690 million to $592 million. The Governor’s proposed increase doesn’t even get back to the 2008 level. Not to belabor the point or anything, but during each of those years, rich taxpayers were granted an increase on the “flat tax” cut.

Oh, and the charter schools? They got no cut at all. Some years they might not have received what they were hoping for, but between 2007 and the present, each year they received more than the previous year. Sauce for the goose is apparently too good for the gander.

Splitting the cost

The other important point you learn from this page is that the state picks up around a third of the cost of education for the cities and towns, or a tiny bit more, depending on whether you’re inclined to count the charter schools or not. Back in the misty dawn of time, under the, um, storied administration of Ed DiPrete, the state’s official goal was eventually to fund 60% of local education costs. At the time, they were at approximately 50%, and there was a plan to get to the goal by sometime in the 1990s.

The plan was undone by the credit union crisis and the fiscal crisis it provoked, but its demise was due at least as much to the weakening influence of municipalities in the state house. Ed DiPrete, for all his faults, had been a Mayor, and seemed to understand the fiscal strains felt at City Hall. Bruce Sundlun, to put it mildly, did not. Nor did his successors, until Governor Chafee. Matty Smith, House speaker during the 1980s, was much more solicitous of the cities and towns than any of his successors have been. There was a lot wrong with the state house of 1988, and I wouldn’t want to go back to that era, but we didn’t have cities and towns threatening bankruptcy, either, did we?

What about cost inflation? Should the state guarantee a proportion of the costs for municipalities who have been unwilling or unable to control the costs of education? This is the point at which people commonly invoke the evil teacher unions. Certainly unions have played a big role in keeping teacher salaries up, but lately they’ve also played a big role in offering concessions to keep costs down. The 2009 edition of RIPEC’s school finance report (the latest one on their web site) tells me that teacher salary inflation in Rhode Island lagged the national average over the previous decade. We spend more per pupil than the national average, but we also live in an expensive part of the country.

The fashion in education reform these days is nattering about how to improve the quality of teachers, but the dominant trend seems to be to find ways to do that without money. I’m not sure what happened to, “you get what you pay for,” but it certainly isn’t the way policymakers think about teachers. So now we have “value-added” ratings and teacher testing mandates and all the rest. The research behind these trends is flawed by some strange assumptions about the teaching profession — it’s a perfect example of sophisticated statistics employed in pointless fashion — but leave that alone for a moment. I can think of only one valid way to judge whether teacher salaries are appropriate: do job ads result in a harvest of excellent resumes? If so, the salaries are appropriate. If not, well, not.

According to the same RIPEC report, Rhode Island has the eighth highest-paid teachers in the country. This is tragic, right? But according to a survey I did a few years ago we also have the seventh highest-paid accountants in the country and the fifth highest-paid veterinarians. Architects, pharmacists, counselors, and other professional jobs, are also paid quite well here. It wasn’t unions who drove those salaries up. The evidence seems that school departments are responding to the vicissitudes of the labor market, just as the employers of those accountants and veterinarians are. People who want me to believe it’s all the unions’ fault have to provide a much more detailed analysis to support their claims than I’ve recently seen.

What else?

There are other important factors beside salaries that push up costs, and some of them are in the personnel column. A recurring theme in budget browsing is the cost of health care, and until the state’s pension payments superseded them recently it was pretty much impossible to talk to a superintendent about costs without hearing about the skyrocketing cost of health benefits. You can’t spend any time with a budget without understanding that bringing down the cost of health care must be a national priority.

What else? How about that federal funding of special education mandates cover substantially less than a fifth of those costs? How about all the mandates of “No Child Left Behind”? The National Governor’s Association voted in 2003 to label both of these “unfunded mandates”, and they have only become more onerous since. How about that despite the calls for consolidation of services, school districts have only become more fragmented in the last decade, as more charter schools come online?

It’s a long list and education funding is a complicated subject — we haven’t covered the new funding formula, the suit from cities who say it’s not fair, the way we fund charter schools, the aid for school construction (“housing aid”), and lots more — but it’s a big budget to cover and it’s time for the tour to move on. Just one last word. Yesterday there was a hearing at the House Finance committee about the proposed hotel and meals tax that would make up a part of the local education funding lost since 2008. Lots of people protested it, but I’m not aware of any who proposed cutting this aid to schools. In fact, I’m not aware of any who were at all specific about what should be cut to avoid this increase. Readers who know otherwise are invited to send along copies of the testimony, and I’ll post them here.

Next: Budget Volume I

Speaker Fox Says Tax Equity Bill DOA


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Despite nearly half of the House signing onto a bill that would raise taxes on the richest Rhode Islanders, Speaker Gordon Fox said he intends to keep his promise not to touch the income tax structure in this budget cycle.

“At this point I’m closing the door on doing anything with income tax until we have a little more historical evidence about what’s going with the reforms we did a few years ago,” he said.

In 2010, the General Assembly passed a budget proposal put forward by then Governor Don Carcieri to lower the tax rate on those who make more than $100,000 from 9.9 to 5.9. Fox said this will be the first budget year that the General Assembly can see how those tax cuts affect the state’s budget (people are now filing taxes for 2011, the first year the restructured rate was in place). He also said a number of tax exemptions were eliminated when the overall rate was reduced.

“When given all the information I think that a significant number members will support my position on this,” Fox said.

But some legislators, speaking on background, said the bill that would roll back the Carcieri tax cuts for those who make more than $250,000 a year, still has life – though it could look much different if it does pass.

Even Fox, who has described himself as a fiscally conservative Democrat, would not rule out taking another look at the tax code in future budget cycles.

“As we get the empirical data going forward what we’ll do,” he said, “I never want to make any predictions about what we would do in the future, but we’ll see.”

Rep Medina Says He Was Profiled by Police


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At a hearing on a bill that would protect people from being profiled by police based on their race, Rep. Leo Medina, D- Providence, no stranger to law enforcement, told the story of the time he was pulled over late at night and essentially harassed by an East Providence police officer.

Then Chairman of the Rhode Island Human Rights Commission Michael Evora testified about why some of law enforcement’s objections to the bill contradict best practices used by police in Rhode Island. “I respectfully submit,” he said, “that in some instances the term officer safety is used as a subterfuge.”

Lottery Decides Top Spots on Presidential Primary Ballot


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Using equipment borrowed from the state lottery, Secretary of State A. Ralph Mollis today set the order in which the candidates for the Democrat and Republican presidential nomination will appear on the state’s April 24 primary ballot.

Barack Obama  will appear first on the Democratic ballot, followed “Uncommitted.”

 Mitt Romney was selected first in the GOP lottery. He will be followed on the ballot by Rick Santorum, Newt Gingrich, Buddy Roemer, “Uncommitted” and Ron Paul.

Today’s lottery also determined ballot position for the nearly 120 Rhode Islanders who are running to be a delegate at the Democratic or Republican National Convention. The process played out before an audience of about 30 candidates and supporters at the State House.

In order to be eligible to cast a ballot in the presidential primary, Rhode Islanders must register to vote by March 24. April 3 is the deadline to apply for a mail ballot.

Racial Profiling, Vehicle Checkpoints Bills Heard Today


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Last week here on RI Future, I shared a short podcast about Racial Profiling in RI from the perspective of youth and community organizers working with Providence Youth Student Movement.  Here is an extended series of excerpts from my conversation on Sonic Watermelons with Sangress Xiong and Yonara Alvarado, and Franny Choi.

Xiong, Alvarado, and Choi are among community members, law enforcement officials and members of the legislature who will gather today at the State House for a meeting of the House Committee on Judiciary; the Comprehensive Racial Profiling Prevention Act of 2012  (H-7256) is one of the bills to be discussed.

All of tonight’s agenda items deal with “Motor and Other Vehicles,” and most are about motorists driving under the influence.  A couple other bills that might be of interest to RI Future readers include H-7222, which “would authorize a bail commissioner to order that a person’s license be suspended immediately upon the report of a law enforcement officer that the person has refused a chemical test for driving while under the influence of alcohol” and H-7203 which, if passed, would “bar checkpoints as a means to detect motorists under the influence.”

For more information about today’s hearing, click here.  To read more about my interview with Xiong, Alvarado, and Choi, click here.

***

Hear Sonic Watermelons live every Wednesday
6-8 PM (EST) on www.bsrlive.com.

Flight of the Earls Mythology Debunked


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A sculpture in Ireland depicts the original "Flight of the Earls" during which some affluent Irish in the early 1600's left for mainland Europe to recruit sympathizers against the British crown.

You can bet that as the General Assembly debates raises taxes on Rhode Island’s richest residents, we’re sure to hear much about the “Flight of the Earls.”

In fact, almost any time you talk taxes with a local conservative you are bound to hear a story about someone moving out of state because of the high costs of living here. This false narrative, known as the Flight of the Earls, is meant to scare the state out of taxing the rich with the threat that they will simply move to Fall River or Florida if we do.

My question: Who are these foolish rich people who would so disrupt their lives and spend thousands of dollars to relocate in order to save a few hundred bucks in taxes, and why do we care if they leave? After all people who would employ such flawed economic logic can’t really be expected to create many jobs, let alone figure out how to pay their tax bill…

Of course, no one moves to save money on taxes – that would be like buying a new car to avoid oil changes – and a new report from the Economic Progress Institute proves as much.

The Flight of the Earls theory, the reports states, “ignores the fact that moving – selling a home, hiring movers, buying a new home – is very costly, even for wealthy households. And leaving a place filled with family, friends, business associates and other connections, in addition to changing schools, imposes substantial burdens.”

Authored by Jeffrey Thompson, a research professor at the Political Economy Research Institute, the report goes on to suggest that the very reason the right says the rich will leave is actually a reason they are likely to stay.

“The wealthy drive better cars,” writes Thompson, “but they drive them on public streets. Even if affluent families send children to private schools, the businesses they own hire workers who graduate from local schools. And upper-income families value the services of fire and police as much as any other family.”

His research found that so few people actually move, less than 2 percent of households between 2008 and 2009, that migration has almost no effect on tax revenue collected. “Income has only a very weak impact on the chance of moving to a different state, with the likelihood actually dropping for the highest income households,” he wrote.

Thompson cites a New Jersey study that found the wealthy were no more prone to move out of state after a tax increase than they were before.

Of course, what really happens is people decide to move for lifestyle or career considerations and if they were the type to complain about Rhode Island in the first place, they will suggest that their complaints are actually the reason for their exodus.

But even when the rich do move away, they typically sell their homes to people in a similar tax bracket. It’s the cheap homes, not the expensive ones, that are sitting idle on the market. And for the few rich folks who are fleeing Rhode Island because of taxes, we can take heart that they will likely be replaced by people who wouldn’t make such an illogical life choices.

Doherty Hosts Texas Extremist at Hope Club


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Brendan Doherty, Republican candidate for David Cicilline’s seat in Congress, will parse himself as a political moderate as he tries to snatch the seat away from the Democrats. But inviting Congressman Pete Sessions, R- Texas, to his fundraiser at the Hope Club tomorrow afternoon won’t help with that message.

This from the Rhode Island Democratic Party:

“Who is Pete Sessions? In addition to being the chair of the National Republican Campaign Committee, Sessions has been one of the biggest cheerleaders for the radical Republican agenda in Congress. Sessions just last year introduced a bill to privatize Social Security. He also offended women from coast to coast by saying he failed to understand the problem with insurance companies charging women higher premiums than men. Sessions defended the practice by comparing women to people who smoke, somehow suggesting that being a woman, like chain-smoking, should be considered a pre-existing condition.”

There’s currently a bill making its way through the legislature that would make it illegal to charge women higher insurance premiums based on their gender. In fact, Planned Parenthood plans to hold a protest outside of the private social club for the elite.

“We hope you will join us on the evening of March 8th on the public spaces outside of the Hope Club to protest the presence of Congressman Pete Sessions (TX-32) and Congressman Jeff Fortenberry (NE-1) who have consistently voted against women and access to reproductive health care and who are in town to fundraise for Congressional Candidate Brendan Doherty.

We know that Rhode Islanders support basic reproductive health care like access to birth control with no co-pays! We know that women are watching! We know that women will vote! Let’s send Pete, Jeff and all other anti-women legislators a strong message of solidarity!”

Hope to see you there…

Rest in Peace Milt Stanzler, Founder of RI ACLU


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Milt Stanzler. (Photo courtesy of the RI ACLU)

Rhode Island mourns the death of Milton Stanzler, a lawyer who founded the local affiliate of the American Civil Liberties Union in 1959. He was 92 years old. Current RI ACLU Executive Director Steven Brown said of Stanzler’s passing:

“With courage, wisdom and foresight, Milton Stanzler founded the Rhode Island ACLU in 1959. It was a period when censorship of plays, books and movies in the state was rampant, and an epic battle was being fought over legislative efforts to ban housing discrimination on the basis of race.

Thanks to his leadership, the Affiliate became an important force in the community on these and hundreds of other issues during his decades of involvement with the organization. His work as a volunteer attorney in dozens of important cases and his authorship of a history of the Rhode Island ACLU also leave a lasting legacy. We mourn his loss, but he will be fondly remembered for both his generosity of spirit and his lifelong commitment to the indivisibility of freedom.”

Stanzler is said to have appeared before the state Supreme Court some 50 times and “the United States Supreme Court decided several of his cases,” according to the Rhode Island Heritage Hall of Fame. “He wrote most of the legislation that crowned the state’s first fair housing law.”

“Milton Stanzler stepped forward to confront the thorny issues of his day,” wrote the hall of fame of him when he was inducted. “We applaud his unstinting courage, integrity, and resolution to keep the land of Roger Williams free. He is part of an unbroken heritage of independent thinking and action that began with the colony’s establishment in 1636.”

He also helped to found the Trinity Repertory Company in 1962. According to Broadway World:

“In the spring of 1962, Milton Stanzler first proposed his vision of establishing a professional theater in Providence to friends Norman Tilles, Robert Kaplan and actress Barbara Orson. While the challenges facing the group were many, over the next year they pursued their common goal of making Milton’s dream a reality. They soon assembled of a core company of actors, hired then New York-based theater director Adrian Hall as their first artistic director, and in 1964, they opened the doors to the Trinity Square Playhouse’s first production, Brendan Behan’s The Hostage.”

A funeral will be held for him at will be held at Temple Beth-El on Friday, March 9, 2012, at 11:00am.

Rhode Islanders Rally for Tax Equity Bill


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Sen. Josh Miller and Rep. Maria Cimini, sponsors of a bill that would raise taxes on the richest 2 percent of Rhode Islanders.

Rhode Islanders for Tax Equity held court in the rotunda of the State House this afternoon, explaining why it’s good for the state’s economy – as well as a moral imperative in tough economic times – to raise taxes on the rich.

The bill would raise the income tax rate for those making more than $250,000 – the richest 2 percent of the state – from 5.99 percent to 9.99 percent, with the caveat that for every one percentage point the unemployment rate drops so too would the tax increase, and the group estimates it could bring in $118 million in new revenue for the ailing state coffers.

Obama tax plan clamps down on private equity

Reviewing reports of last week, I see that buried in the details of President Obama’s corporate tax reform proposal is a rare gem. To be clear, the overall package — basically a reduction of the nominal tax rate in exchange for giving up some of the more egregious loopholes — seems an ok deal. But there is a piece of idiocy in the corporate tax code that hasn’t been addressed seriously since Jimmy Carter failed to get it fixed in 1977. This is the tax advantage of debt over equity.

This sounds dull, but it has a story behind it that is far more revealing about “private equity” than any of the blather you’ve already read about Mitt Romney and Bain Capital.

Imagine, for a moment, Company A with a million dollars in profit and a hundred thousand investors, each of whom paid a hundred dollars for a share. The company takes that million, pays taxes on it, and distributes the remainder to the investors. Say they pay 10% of their profits in taxes (what’s left of the 35% rate, after all the loopholes, and not an unusual number). If the company distributes all its profit as dividends, each shareholder gets $9, a 9% annual return on their investment, which isn’t bad at all.

Now imagine a Company B that also earned a million dollars more than they spent. This one has a hundred thousand bondholders, each of whom loaned the company $100 at 10% annual interest. The company sends $10 to each bondholder, and so reports zero profit, thus zero taxes. The shareholders in B?  Who cares about them?

The structure of these two is pretty much the same: both companies sell their products, pay their expenses, and then distribute the money left over. But one calls those distribution payments “dividends” and the other calls them “debt service” and so the first company pays taxes, and the second does not.

What happens if the economy declines?  Company A will simply send out less money in dividends. Company B will go bankrupt if it can’t meet its debt payments.

Clear enough?  Now imagine some private equity vultures, I mean investors, notice that Company A has built up cash reserves of $10 million. They borrow $50 million to purchase Company A, which is now on the hook for $2.5 million per year. Since they’re only earning a million a year, they have to pay part of that debt service from their reserves, but they can do that for a few years. Also, they get to book a loss, which means they can ask the IRS to refund the taxes they paid for the previous two years. And since they can’t get enough back to make a profit, it’s very unlikely they will pay any taxes at all for a long time to come. They used to pay $100,000 in taxes every year, so over the life of the losses they’ll incur, taxpayers will subsidize the deal to the tune of over $2 million.

This is the point that lots of people don’t understand, or refuse to understand, about “private equity.”  They way those outfits make money is usually by using the tax rules to their advantage, not by increasing corporate efficiency or streamlining processes. A company with exploitable assets could be one with an underutilized factory or intellectual property, but it’s more likely just to be one that has cash in reserve or that paid a big tax bill in the last couple of years. “Assets” like these are much more easily quantified than property and you can estimate them via public documents, something you can’t do with factory outputs or licensing fees.

In other words, that wave of leveraged buyouts that began in the 1980s and ended — well it hasn’t really ended — was largely subsidized by you and me. When RJR Nabisco was bought in 1989 for $21 billion, taxpayers ultimately paid more than $5 billion to the purchasers. This was not the free market at work, it was the tax code encouraging buccaneers like the folks at KKR, Michael Milken, and Ivan Boesky, along with Mitt Romney and Bain Capital. Without the tax advantage of debt over equity, very few of those leveraged buyouts could ever have happened.

Jimmy Carter’s economic team recognized the risk to American manufacturing represented by the tax preference for debt over equity, and addressing it was a central piece of his proposed 1977 overhaul of the tax code. But the change was opposed by business, and he dropped it. Ronald Reagan’s administration made a half-hearted attempt to fix it in 1984, but it went nowhere. Dan Rostenkowski, the longtime head of the House Ways and Means Committee, worked on a proposal in 1987, but it also died. George Bush, Sr., airily said, “I have no agenda on that. I’m always a little wary about the government trying to solve problems when, historically, the marketplace has been able to solve them,” and declined to do anything about the issue. Bill Clinton’s 1995 tax proposals contained a provision addressing the issue, but these were presented during the government shut down episode and did not make it into the final bill resolving that debacle.

So far as I know, that’s the last time there was a proposal on the congressional table to address what has been one of the most destructive tax policies on record. Over the past 30 years, our leaders, with only a few exceptions, have stood by as big finance has devastated our manufacturing sector, laid off hundreds of thousands of people, and done away with their well-paid jobs — and you and I paid for it. I know President Obama’s corporate tax proposal isn’t going to become law in this Congress, but fixing the tax code to eliminate the subsidy for leveraged corporate takeovers is important, and I’m glad someone has put it forward — again.

 

You’re Invited to See How Ballots Are Made


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In preparation for Rhode Island’s own version of Super Tuesday, Secretary of State A. Ralph Mollis is inviting the public to a lottery Wed., March 7, at 5 p.m. in the State Room of the State House.

We will use equipment borrowed from the R.I. Lottery to determine the order in which the candidates for the Democratic and Republican presidential nominations will appear on the state’s April 24 primary ballot.

In a scene familiar to Rhode Islanders who watch the state’s daily lottery numbers selected on TV, candidates will be assigned numbered, specially calibrated, white plastic balls. After each ball floats to the top of the machine, we will announce where the corresponding candidate’s name will appear on the ballot.

Barack Obama will compete with “Uncommitted” for the top spot on the Democratic presidential primary ballot. Newt Gingrich, Ron Paul, Buddy Roemer, Mitt Romney and Rick Santorum will compete with “Uncommitted” for ballot position on the Republican ballot.

We will also use the lottery machine to determine ballot position for the 119 Rhode Islanders who are running for the right to attend the Democratic or Republican National Convention as a delegate.

Proposal to Repeal Voter ID Law Discussed Today


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A bill to repeal the controversial new voter id law passed last session will be heard today by the House Judiciary Committee, said sponsor Charlene Lima, D- Cranston.

Lima said the law, which requires people to show a valid state id card before voting, “is a solution to a non-existing problem.”

“There is no widespread voter fraud with people impersonating people in Rhode Island,” she added. And because the id requirement will disenfranchise some from voting, Lima said the ill-considered law should be rescinded.

“It’s going to hurt the elderly, the disabled and minorities,” she said. “Those people that don’t tend to have an id.”

Lima also said the law will prove expensive to execute. “We need every dime we can get and we’re spending money on a solution to something that is not a problem.”

Lima said 28 of her colleagues have signed onto the bill. But, she added, “It’s probably same group of people who were against it in the first place.”

Stopping the Lobbyist Revolving Door


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CBS News recently reported that between 1998 and 2006, 43% of members who retired from Congress later took jobs as federal lobbyists – according to Public Citizen, a watchdog organization, those individuals made an average annual salary of around $2 million. What’s more, the Center for Responsive Politics issued its own report that found a total of 370 former members now work in some capacity of the “influence-peddling” business.

With so many politicians now seeking to leverage their public service for private gain, is it any wonder that public confidence in Congress has sunk to an all-time low?

Last week, I appeared on MSNBC’s Dylan Ratigan Show to discuss H.R. 3491, my legislation that would enact a lifetime ban on Members of Congress ever becoming lobbyists.

Visit msnbc.com for breaking news, world news, and news about the economy

Under my proposal, violators would face up to $50,000 in fines and a year in prison. Although the law currently bars Senators from lobbying for two years after they retire, and Members of the House for a year, a lifetime ban would help ensure that those running for or serving in elected office do it for the right reasons.

With our country still struggling to get back on the right track, it’s never been more important for us to restore public confidence that Congress works for the people it represents, not for the special interests. That’s why Congress must pass sweeping reforms that put public service ahead of private benefits for elected officials.

This is a simple idea, but getting it done won’t be easy. The same special interests who fought tooth and nail against reforms to Wall Street and our health care system think they can make sure that Washington never changes – let’s show them they’re wrong one more time.

Could Rhode Island Build a State-Owned Bank?


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BND

A state-owned bank. Essentially, a Bank of Rhode Island. This is the proposal floated by ecoRI News’ Kyle Hence in a January article about how the state sends its revenues out of state, where they go to improve the economies of other regions in the country, and indeed, the world. All this despite the fact that the state claims to be placing them in “local banks.”

The local banks? Citizens Bank, BankRI, Bank of America, Sovereign Bank, Washington Trust, and Webster Bank. The intriguing idea is that by creating a state-owned bank, Rhode Island would amplify its spending power (since banks have a special ability to loan out nine dollars for every dollar placed in their coffers) while creating an institution that could assist with handing out loans where the standard corporate bank is unable or unwilling to enter the market.

Ellen Brown
Ms. Brown (image: Ellen Brown)

The greatest national proponent of the idea is Ellen Brown, a former Los Angeles civil litigation attorney, natural medicine advocate, and author of Web of Debt (her website is available here). Ms. Brown has written vociferously about the issue, advocating for a model based off the only state-owned bank in the United States, the Bank of North Dakota (Puerto Rico also owns its own bank, the Government Development Bank, created by New Dealer Rexford Tugwell). North Dakota has almost entirely avoided the economic recession, and is running a surplus.

The Bank of North Dakota (BND) is an anomaly in the U.S. financial system. Formed by the Nonpartisan League, a socialist-started faction of the Republican Party (yes, you read that right), its goal was to assist farmers in getting loans. Assisted by a state run mill (North Dakota Mill and Elevator, still in existence as the nation’s largest flour mill) as well as a prohibition against corporate ownership of farmland, North Dakotans have functioned with the BND for years. Its former governor and sitting U.S. Senator (Republican John Hoeven) is a former BND president.

BND essentially acts as the state’s coffers, instead of various national or multinational banks. As a result, it is not covered by the Federal Deposit Insurance Corporation (FDIC), because FDIC only insures up to $250,000, and the State of North Dakota deposits far more. This lack of FDIC coverage also means BND is outside of the regulatory burdens of the system. Because it didn’t do any subprime lending, BND was shielded from the subprime collapse. It also avoided credit default swaps and derivatives and all of the other various market instruments that we’ve heard so much about since the collapse.

This works largely because the bank is run by conservative bankers, who, according to their president, Eric Hardmeyer, follow “a Warren Buffett mentality–if we don’t understand it, we’re not going to jump into it.” The bank is also a partner to large banks, working instead to amplify the strength of credit unions.

Ms. Brown’s ideas of taking the North Dakota model have been an appealing idea in Great Recession America, especially as states faced high unemployment and reluctant lenders, problems still found in Rhode Island. Discussion of the idea seems to be largely cyclical, happening around this time each year. Multiple states have had legislation come up about it; and the Democratic candidate for Governor of Michigan made it part of his campaign in 2010. Small business owners and farmers in Oregon have banded together for the idea.

But there’s a hitch. A study for the state of Massachusetts by the Boston Federal Reserve found that the situation of the BND just isn’t replicable in most states, nor does it do what most advocates say it does. North Dakota’s economic situation is largely due to its energy sector (based on oil) and agricultural sector. Traditionally, North Dakota has a lower unemployment rate than the nation at all times. Furthermore, South Dakota does too, and lacks any such bank; South Dakota’s economic situation is comparable to North Dakota’s. Even worse, North Dakota has an extremely volatile economy, since it is largely based on agricultural prices, causing average income to leap across the charts.

BND
Bank of North Dakota branch (image: Bank of North Dakota)

But BND never steps in to stabilize the state’s economy (again, it is a conservative institution). Furthermore, while BND is a non-competitor to other banks in North Dakota, this is largely due to the fact that it mostly handles the state accounts and buys loans issues by local credit unions. Since North Dakota has one of the largest proportions of credit unions in its banking industry (a reflection on the state’s rural nature), it is thus a great boon to the state’s economy. But highly urbanized and dense states like Rhode Island have less than 10% of our banks as credit unions. Thus, a Bank of Rhode Island would most likely be a direct competitor to banks in Rhode Island, and possibly cause a banking crisis with its creation as it pulled state deposits out of the other banks.

The issue is largely that the conditions of North Dakota cannot be replicated in Rhode Island. BND President Hardmeyer stresses that the bank is run by bankers, not economic development people. He also is very timid about suggesting for other states, since BND is aimed specifically at issues that North Dakota faces.

Indeed, the creation of a BRI would have to follow along similar lines as the formation of a currently unpopular financial institution, the Federal Reserve. U.S. Senator Nelson Aldrich, a Republican Senator who served Rhode Island from 1881 to 1911, had long been an opponent of a national bank before he toured those of Europe.* Convinced of its importance, he returned to the U.S. and designed what became the Federal Reserve with much input from the nation’s bankers.

A BRI would have to not be in competition with private banks, and wresting the state deposits from private hands would be the most important hurdle to overcome. Any partnership involved in creating it would have to involve bankers, economic priorities and niches where the existing banks aren’t reaching would have to be identified, and an understanding of the goals of such a bank would also need be reached.

The state certainly should step in to do what private business can’t accomplish. But improperly executed, a Bank of Rhode Island would be a disaster and discredit state intervention. As an issue, its importance is in highlighting where our economy isn’t functioning properly, a conversation necessary during these times.

__________________________________________

*Correction: An earlier version of this sentence said that Sen. Aldrich served from 1841-1915, which are in fact the years of his birth and death.

Rhode Islanders for Tax Equity Meets Today


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There’s a broad-based coalition building around a bill that would raise income taxes on the wealthiest Rhode Islanders. The coalition includes legislators, labor leaders, small business owners, parents, college students and a at least one mayor.

Pawtucket Mayor Don Grebian will join the other members of this coalition, called Rhode Islanders for Tax Equity, today at 3:30 at the State House for a press conference to answer questions about the new tax proposal that would raise income taxes on those who make more than $250,000 a year.

“RITE is advocating for a tax policy that will take the burden off of the middle class and ensure the most privileged Rhode Islanders are paying their fair share,” said the group in a press release.

The group estimates the bill could yield $118 million in revenue for the state budget.

Rep. Maria Cimini, a Providence Democrat who sponsored the bill in the House, previously told RI Future: “We’ve really called on low and middle income Rhode Islanders to feel the pain of this recession. I don’t feel that we’ve called on upper income Rhode Islanders to feel that pain or share that sacrifice.”

Cimini will be at the event today, as will the bill’s sponsor in the Senate, Josh Miller, D- Cranston.

Cimini said the bill is different from other tax the rich proposals because the increase would drop commiserate with the state’s unemployment rate. In that way, it will serve as an incentive for the job creator class to actually create jobs.

RI Mulls Pre-Abortion Ultrasound Requirement


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You might think that legislation requiring a woman to have an ultrasound before an abortion is something that would only happen in Virginia or Texas. Well, you’d be wrong. In fact, such a bill has been put forward for the last several years in the General Assembly.

You also might think, if you are a regular reader of the New York Times, that Rhode Island’s version of the bill is equally as invasive as the one that just passed in Texas or the original one that was put forward in Virginia that caused such a commotion around the country.

Well, you’d be wrong again.

“Alabama, Kentucky, Rhode Island and Mississippi are also considering Texas-style legislation bordering on state-sanctioned rape,” wrote Nick Kristof in The Times this weekend.

“Absolutely not,” said the sponsor of Rhode Island’s  bill, Karen MacBeth, D-Cumberland, when asked if this was an accurate account of her bill.

Her bill, rather, would require a non-vaginal ultrasound. MacBeth said she informed The Times of their error.

Even without being what Kristof called “state sanctioned rape,” Planned Parenthood of Southern New England thinks the bill is a legislative overreach.

“Politicians forcing doctors to use an ultrasound for political – and not medical – reasons is the very definition of government intrusion,” Paula Hodges, the group’s Rhode Island director, said. “Rhode Island lawmakers should not be interfering with personal, private medical decisions that should be best left to women and families and their doctors.”

MacBeth, who describes herself as being “very pro life” said she has sponsored the bill for the last three sessions since Rep. Arthur “Doc” Corvese, D- Providence, asked her to sponsor it for him when she took office. The bill has not made it out of committee since then, she said.

State Cuts Also Cause for City’s Fiscal Woes


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It’s certainly fashionable to blame retirees and their generous post-employment benefits for Providence’s fiscal problems. But for other causal factors, look to the state of Rhode Island and former Governor Don Carcieri.

Tom Sgouros, in his ongoing series dissecting the state budget, reports this morning that in 2008 the capital city was expecting $65 million in state aid from the General Assembly. But over the next two budget cycles Carcieri cut so much from aid to cities and towns that he effectively striped Providence of 10 percent of its annual operating capital.

Libby Kimzey, a frequent contributor to RI Future who is running for a seat in the State House to represent Federal Hill and Olneyville, put it pretty bluntly a few weeks back when giving a presentation about state budget cuts to Providence:

“Right now the State of Rhode Island is being a jerk to Providence,” she said, noting that the state cut some $28 million to the capital city over the past three years. Interestingly, that’s more than the city would need to be back in the black financially. “If you think about it, that is really in the same ballpark as that $22.5 million that is in the papers right now.”

“That is money that the city was counting on from the state,” she said. “Those are decision that state lawmakers have made that put the city in the position of closing schools and we’re having this whole conversation about cutting retirees benefits and it just gets me really worked up.”


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