Legislature Considers Better Public Records Act


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Mike Field, of the Attorney General's office, testifies at a hearing on a proposal to update Rhode Island's Access to Public Records Act.

Rhode Island’s public records law may get some much-needed revisions if a bill heard by the House Judiciary Committee last night becomes law.

The proposal, introduced by Rep. Michael Marcello, D-Scituate, would be the first amendment to the Access to Public Records Act in 15 years. It would: decrease the amount of time a public agency has to make public records available from ten to 7 days; require municipalities and government agencies to designate and train a public records officer; require police departments to make initial arrest reports available within 24 hours; and would make correspondences between elected officials regarding policy public documents.

Officials with the Attorney General’s office, which submitted a separate bill that doesn’t reach as far, the Department of Administration and local and state police took issue with the legislation, advocates for civil liberties and open government applauded the effort.

“This may impose some additional burdens on government employees but it should be accepted as an important part of their work,” said Steve Brown, the executive director of the RI ACLU.

Brown said people and organizations that seek public records in Rhode Island often run into problems obtaining them. He said the changes would improve citizen’s access to public records.

While police are against compelling arrest reports to be made available within 24 hours, saying this could be onerous for officers, John Marion, the executive director of  Common Cause RI, said making arrest reports available as quickly as possible is an important function of a free society.

“Arresting someone is the strongest action the state can take against an individual,” he said. “When the state takes away someone’s liberty – that’s what an arrest represents – the state should provide information about that in as timely as manner as possible.”

There is also a Senate bill, sponsored by James Sheehan, D- North Kingstown, that would update the Access to Public Records Act that open records advocates say doesn’t go as far as this one in ensuring that citizens have easy access to public records.

 

Mistake on Mayor’s Name Was Projo, Not Chafee


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Gov. Chafee took some heat over the weekend for misidentifying Woonsocket Mayor Leo Fontaine as Raymond Fontaine in an op/ed in the Providence Journal. But it turns out it wasn’t his mistake. It was the Projo’s.

According to Chafee’s office, the piece they sent read: “…particularly Mayors Fontaine, Grebien, and Taveras…” The version that ran in Sunday’s print read: “…particularly Woonsocket Mayor Raymond Fontaine, Pawtucket Mayor Donald Grebien, Providence Mayor Angel Taveras…”

While the Providence Journal mentioned the mistake on its editorial page this morning, it amended that correction on the web this afternoon after a call from this reporter.

The original correction said: “In Governor Chafee’s April 1 column, “Local leaders need more power in crisis,” the first name of Woonsocket Mayor Leo Fontaine was printed incorrectly.”The amended correction read: “April 3’s correction of the erroneous first name of Woonsocket Mayor Leo (not Raymond) Fontaine in Governor Chafee’s April 1 column, “Local leaders need more power in crisis,” should have noted that The Journal, not the governor’s office, miswrote Mayor Fontaine’s first name. Mr. Chafee’s office did not give the mayor’s first name when it sent the column.”

Editorial Page Editor Robert Whitcomb said the amended correction will run in tomorrow’s print edition as well.

“It’s an unfortunate mistake,” Whitcomb said. “As soon as we became aware of it, we corrected it.”

Bill Would Cut Payday Loan APR from 260% to 36%


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Rep. Frank Ferri testifies on his bill that would reform paypay loans in RI. In the background is former Bill Murphy, former House speaker, who opposes the bill.

Two weeks ago a House committee heard some compelling testimony on a bill that would curb exorbitant interest rates on so-called “payday loans.” Today it’s the Senate’s turn, as the Corporations Committee will discuss Sen. Juan Pichardo’s version of the legislation.

And according to a press release, Pichardo seems pretty confident the bill will become law.

“With strong support from both sides of the aisle, Senator Pichardo and advocates for the legislation have high hopes for eliminating the cycle of debt caused by high-interest payday loans,” said the release.

Indeed, much of the opposition to the bill comes from special interest lobbyists, such as former House Speaker Bill Murphy.

The bill would lower the annual percentage rate on payday loans from 260 percent to 36 percent.

There were 143,201 payday loans made in Rhode Island last year for a total of more than $53 million, said Margaux Morisseau, with NeighborWorks Blackstone River Valley, a community-building non-profit based in Woonsocket. Only 2 percent of payday loans she said go to people who pay them all back and don’t take out another one.

While detractors of the bill say this is the only way some people can get a loan in a bind, Morisseau said there are several other options. In an email she detailed a few of them:

  • Capitol Good Fund lends $2000 loans at 15% APR.  Their customers have taken out CGF loans to help get out of the payday lending debt trap.
  • West Elmwood Housing Development Corporation is piloting the “Neighborhood Loan Store” that makes loans up to $1500 at 18-25% APR.
  • Navigant Credit Union also recently launched “Smart Start” a safe, easily accessed alternative product at all of their branches. They loan $600, with a 90 day term, no credit required.

RI Progress Report: Hinckley Retraction, ‘Devout’ RI, Romney’s Problems and More…


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Paula Hodges curates the local news, and provides links to all the recent stories relevant to Rhode Island progressives, so you don’t have to…

Hinckley retracts criticism of Whitehouse bill
By JOHN E. MULLIGAN JOURNAL WASHINGTON BUREAU

WASHINGTON — After charging that a tax proposal by U.S. Sen. Sheldon White-house would force municipalities to raise local property taxes, the Hinckley Senate campaign acknowledged Monday that its critique had been based on a misunderstanding of the Rhode Island Democrat’s legislation.

Benjamin “Barry” Hinckley III, the Republican candidate challenging White-house, asserted in a news release that the Whitehouse version of the so-called “Buffett rule” — imposing a minimum tax on those who make more than $1 million a year — would reduce the incentive for rich people to invest in tax-free municipal bonds.

Hinckley’s argument was that this would weaken demand for the bonds, which would in turn reduce the ability of cities and towns to raise money –– thus forcing them to raise local property taxes.

RI is 10th among least religious states, but most devout in NE
Ted Nesi, Nesi’s Notes, WPRI 12

Rhode Island is one of the least religious states in the country, but its residents are still more devout than those of any other New England state, according to a new Gallup survey.

The poll shows 32% of Rhode Islanders are “very religious,” tied with New York as the 10th-least religious state in the nation.

Rob Horowitz: The Politics Rule Out Single-Payer Heath Care System
Rob Horowitz, GoLocalProv

Last week’s oral arguments over the constitutionality of “Obamacare” and the prospect of the Supreme Court ruling that the law’s individual mandate requiring citizens to purchase health insurance is unconstitutional has reignited dormant longings by liberals for the adoption of a single-payer national health care system.

Liberal Washington Post columnist Eugene Robinson wrote, “If the Supreme strikes down Obamacare, a single-payer system will go from being politically impossible to being in the long-run fiscally inevitable.” Robinson’s thoughts were echoed by a number of other liberal columnists and by commentators on liberal-leaning MSNBC.

Unfortunately, no matter how strong the substantive case may be for a single-payer health care system, the politics still preclude it. Even with large Democratic majorities in the House and Senate, Obamacare was difficult to pass despite the fact that the bill was supported by the American Medical Association(AMA) and the insurance industry was in neutral. Today, these powerful interests would launch an all-out campaign against any effort to adopt a single-payer, government-run heath care system

Romney problem: women voters
Scott MacKay, RINPR

As the race for the Republican presidential nomination has unspooled, front-runner Mitt Romney has developed a problem that could be fatal if it persists into the autumn campaign: women voters.

That is the message of a new public opinion survey conducted in 12 swing states by USA Today and Gallup and reported in the Washington Post by the Morning Fix’s Chris Cilliza.

The poll shows that in 12 states, Colorado, Florida, Iowa, Michigan, Nevada, New Hampshire, New Mexico, North Carolina, Ohio, Virginia, Pennsylvania, and Wisconsin that President Obama leads the former Massachusetts governor by 51 to 42 percent.

A month ago, Romney held a two percentage point lead in these same dozen states.

RI schools to stop buying meat with “pink slime”
By MEGAN HALL, RINPR

Rhode Island’s schools won’t be serving lean, finely textured beef much longer. The school districts have decided to remove what’s known as “pink slime” from the menu.

Disgust with meat trimmings sterilized with ammonia has reached Rhode Island. The beef additive has been a component of the meat we eat for more than ten years, but media reports, concerned consumers and a disgusting nickname have focused new attention on the so called pink slime.

The Rhode Island Department of Corrections is in charge of distributing food to schools across the state. The Department’s Patricia Coyne-Fague says school districts now have the option of ordering beef without the additive.

‘You think you got pension problems now…’
Edward Fitzpatrick, Providence Journal Column

It’s midnight in Barrington. Do you know where your state legislator is?

No, of course, you don’t. You’ve got a job, children, a life to lead. But you might have heard that shortly after midnight on Wednesday, the Barrington police pulled over Senate Majority Leader Dominick J. Ruggerio, D-North Providence, charging him with drunken driving and refusing a breath test. The police say another member of the Senate leadership, Frank A. Ciccone III, D-Providence, made a cameo at the scene, threatening police officers with legislative retribution and trying to pull strings to get Ruggerio off the hook.

The issue in R.I. is much bigger than just one senator
EDWARD ACHORN, Providence Journal Column

It was sad to learn that Rhode Island Senate Majority Leader Dominic Ruggerio (D.-North Providence) had been arrested for driving under the influence in Barrington early last Wednesday morning. We are all human, prone to making mistakes that we greatly regret, and we all deserve some sympathy when we stumble.

But it is sadder still to see the initial response by the powerful in Rhode Island, particularly Senate President Teresa Paiva Weed. She expressed no concern for the safety of the public — including our loved ones who must share the road with dangerous drivers. She conveyed no sense at all that driving drunk is a reasonably weighty offense and behavior unworthy of someone in one of the state’s highest offices.

When former House Minority Leader Robert Watson was arrested on charges of driving under the influence and possessing marijuana, Republicans — properly, I thought — removed him from his leadership position and expressed the hope that their troubled colleague would turn his life around. The party that dominates Rhode Island, the Democrats, demonstrated lower standards last week.

Doherty will keep $1,000 from Sen. Ciccone despite allegations
Ted Nesi, Nesi’s Notes, WPRI 12

Former State Police Col. Brendan Doherty says he’s keeping $1,000 donated to his congressional campaign by state Sen. Frank Ciccone, despite an allegation by police in Barrington that the lawmaker threatened them while they were arresting Senate Majority Leader Dominick Ruggerio.

“It is our understanding that Senator Ciccone has apologized for any comments that may have been viewed as improper,” Giovanni Cicione, Doherty’s campaign manager, told WPRI.com in an email. “For now we see no reason to take any action.”

Chafee strategizes with local leaders, Governor urges officials from towns and cities to persuade lawmakers to approve his proposals
By RANDAL EDGAR and PHILIP MARCELO JOURNAL STATE HOUSE BUREAU

PROVIDENCE — When he met with local leaders in January, the goal was to figure out what the state can do to help cities and towns shore up their finances.

On Monday, as Governor Chafee held a second meeting with mayors and managers from across the state, the focus was not on what, but how.

Specifically: how do you get a sweeping and controversial package of bills — including some ideas that have failed in the past — through the General Assembly?    The answer, voiced with varying degrees of urgency by Chafee and the local leaders after the 50-minute session, boiled down to this: mayors and managers need to be contacting their local lawmakers.

Americans in denial
Providence Journal Editorial

Why is anti-government fervor so extreme in those parts of America, mostly in the South and Southwest, that receive the greatest per-capita amount of federal help in relation to personal income and have the highest incidence of such social problems as illegitimacy and substance abuse?

We’re talking about Food Stamps, Medicare, Medicaid and other basic federal support systems. Is this just staggering hypocrisy by folks who admire, say, lobbyist and social-conservative presidential candidate Rick Santorum — a self-proclaimed man of the people who earns $1 million a year?

Unemployment, poverty, threaten child welfare
By FLO JONIC, RINPR

Kids Count has released its 18th annual report on the well being of Rhode Island’s children.

Rhode Island is losing children. The Kids Count fact book shows the number of children in Rhode Island has fallen 10 percent over the last decade, or a loss about 24,000 kids.

Kids Count director Elizabeth Burke Bryant says Rhode Island is one of only three states to have lost ten percent or more of its children.

Council passes special tax levy, 13.8-percent supplemental tax is expected to bring $4.3 million and prevent state intervention
By JOHN HILL JOURNAL STAFF WRITER

WOONSOCKET — The City Council voted 6 to 1 Monday night to approve a 13.8-percent supplemental tax levy in an effort to find enough money to keep the school system open through the end of the school year.

Only Councilman Roger Jalette voted against the measure, saying he thought a municipal bankruptcy was the only sure cure for the city’s $10 million school deficit.

But the other six council members said that while they thought the special tax was a bad choice, going into receivership would even be worse.

Taveras Beheads Flanders; Chafee Should Give Him Haircut


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Bob Flanders seemed to take a perverse pleasure in threatening other people’s livelihoods. But yesterday he was the one who got beheaded rather than getting a haircut when Providence Mayor Angel Taveras severed the city’s relationship with the Central Falls receiver-turned-municipal bankruptcy zealot.

Taveras fired Flanders yesterday because the retired Supreme Court justice, who was acting as an legal adviser to the Capital City in its quest to avoid going belly up, said he thought bankruptcy was inevitable.

“Judge Flanders’s recent comments concerning Providence’s fiscal crisis are unacceptable,” said Taveras in a statement. “Because of the harm his comments have done, effective today the City of Providence has severed its relationship with Judge Flanders.”

Somewhere between being named the receiver for Central Falls and being fired as a bankruptcy adviser to Providence, Flanders had become both obsessed and enamored with the idea of municipal restructuring. He penned pieces extolling bankruptcy’s benefits, and seemed to tell anyone who would listen what a boon Chapter 11 could be.

He even traveled to a bondholders conference in Philadelphia and, in trumpeting the virtues of coerced contract negotiations, according to the Huffington Post, said, “We could blow up any contract we liked.”

Turns out, however, that Providence didn’t mind blowing up his contract either.

Flanders had become an outspoken and often obnoxious force in the realm of municipal restructuring. He turned even ardent supports against him when he gave a poorly-received performance at the annual Follies, cracking wise about his job of stripping working class people of their agreed upon retirement plans. Dressed as an executioner, Flanders likened himself to Darth Vader and called himself the “lord of the pink slip.”

Prior to that, Gov. Chafee had to revoke Flanders decision to outlaw street parking in Central Falls after it became painfully evident that the decision was little more than a way to charge Central Falls residents for having cars (most homes in CF don’t have driveways, so parking on the road is the only option). He’s being sued by the ACLU for not properly adhering to the state’s rules for democracy in his role as Central Falls receiver.

While Flanders has done good work in getting Central Falls’ budget back in line, he proved disastrous at the public relations aspect of his role. He came across as arrogant and uncaring. He belittled the people he was supposed to be helping. He made Rhode Island seem like a state that didn’t care about its struggling communities, only their bottom lines.

Gov. Chafee would be wise to show the same kind of leadership that Taveras did and rebuke Flanders for giving municipal bankruptcy a bad name. But he shouldn’t be removed as Central Falls receiver; Chafee should simply slash Flanders exorbitant contract that pays him more than $360,000 a year.

Surely, Flanders would be amenable to taking less money to be the “lord of the pink slip” in Central Falls because, as we all know, a haircut is better than a beheading.

RI Senators Advocate for Middle Class


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Both of Rhode Island’s senators will be here in the Ocean State today and advocating for bills that would benefit the middle class. Sen. Sheldon Whitehouse, as we reported on Saturday, will be in Cranston for a roundtable discussion on his Buffett Rule bill. And Sen. Jack Reed will be at URI, with school president David Dooley to talk about his bill that would prevent the interest rate on some student loans from doubling in July.

“It is in our national interest to try and keep student loan rates low,” said Reed in a statement about his bill that would prevent the interest rate on Stafford loans from doubling. “As the price of college continues to increase, more students are forced to take out bigger loans to pay for their education.”

Reed’s office said the interest rate on Stafford Loans is slated to double in July, from 3.4 to 6.8 percent. According to the release, 7.8 million low- and middle-income students across the country utilize Stafford loans, 36,000 of whom are from Rhode Island. There are 8,000 URI students who utilize Staford loans.

Sen. Whitehouse will be at the Comprehensive Community Action Program’s headquarters (311 Doric Ave, Cranston) to discuss his Buffett Rule bill that would, according to his staff, “ensure that multi-million-dollar earners pay at least a 30 percent effective tax rate.”

Budgeting for Disaster: Cutting the Buddha


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FY2013 budget

FY2013 budgetOur budget tour continues with a visit to the Behavioral Healthcare, Developmental Disabilities and Hospitals. The acronym is BHDDH and I’m told by insiders it’s pronounced “buddha.”

BHDDH is spending more time than usual in the news. This is largely because last year they cut $26 million from the budget that would have gone to private providers of care for disabled adults. You can see the cut on page 153 of Volume II of the budget (or page 17 of this excerpt), second line, where $206 million in 2011 went down to $180 million in 2012.

This is a cut about three times as big as Governor Chafee proposed. But if you remember, the General Assembly rejected Chafee’s sales tax changes, so they had to cut much deeper than he’d suggested.

Some background: Rhode Island provides services to these people in two ways. About 220 get services through Rhode Island Community Living and Supports (RICLAS), a state program, and a bit more than 3,000 others get services through private agencies who bill the state for their service. These agencies are almost wholly dependent on those bills.

BHDDH recently commissioned a big study of the matter and determined that the state actually doesn’t pay very much for this service. Over the last few years, the population under care grew slower than any northeast state besides Massachusetts, and we reduced the per capita expense from $76,803 in 2009 to $63,013 in 2011. This is despite being one of only nine states (out of 44 where data was available) without a waiting list for services. In other words, we appear to be getting pretty good service for our money.

There is another side, though. We get this great value by paying people very little. The going rate for direct support staff at the private facilities appears to be between $9 and $11 per hour, even for the unionized folks. Remember, these are the people who are bathing, feeding, teaching, and otherwise caring for highly disabled individuals. By contrast, direct care staff at RICLAS are paid about twice as much. (Representative Scott Slater has sponsored a bill in to set a minimum wage for direct support staff at these residences.)

Conversely—and somewhat unfortunately—some of the executives at the private organizations are paid far more than their counterparts in the state. David Jordan, the CEO of Seven Hills, who runs homes in Massachusetts, too, was paid $533,214 in 2009. ($265k in salary and the rest in pension contributions.) This year he has responded to the budget cuts by cutting support staff pay by 5% and ending most of their benefits. Executive pay was cut 3%, according to UNAP, the union representing workers there.

So what happens when the administration makes a plan to cut costs and the Assembly says that’s great, but please cut three times as much? Answer: some pretty dumb things.

For example, the state will only pay a fee for service provided, as opposed to a per-person “capitation” rate. This sounds fair, but if an employee shows up an hour late to work, the agency gets docked not only that employee’s pay, but also the overhead costs allocated to that hour of pay. It’s not as if the agency wasn’t responsible for that care, or the heat and electricity didn’t have to be paid for that hour.

The state also changed the way they assess the level of disability for each resident. This affects the amount the state pays for their care. We had been using a four-step measure, but it was changed to a seven-step “Supports Intensity Scale” (SIS). The SIS is probably a better measure, but the four-step scale doesn’t exactly translate over to the seven-step one and the staff to do re-assessments simply doesn’t exist. Result: BHDDH simply decided which levels of the old scale corresponded to which levels of the new scale, and voila, they had to pay less to support the residents.

Actually, what BHDDH says is this:

If SIS has not been performed and client is receiving services then, the resource allocation is based on previously approved level of service cross walked to the new levels effective 7/1/11.

 

So what do we learn from this? That there isn’t much deference to department plans in the Assembly, for better and worse. If you’re a department director with a plan to cut costs, you should probably only present a fraction of those costs, or risk having your department turned upside down by a demand to cut much more. The promise of cuts is like blood in the water; the sharks don’t care where they bite, and presto you have people mobilizing marches against you. Under these conditions, which director is going to volunteer cuts again?

And we also learn about the downside of privatization. Through aggressive use of private group homes and community-based care, Rhode Island has kept costs low, much lower than most northeast states. But part of the reason we could do that is that the private operators of those homes didn’t have to pay their employees well (and could pay their executives too well). Though I’m sure it would help (at some of the agencies), slashing executive pay won’t make up for the cuts; there simply aren’t enough executives with egregious salaries to make up $26 million.

Overall, administrative costs at the private agencies (about 10%) seem comparable to the RICLAS costs, as far as one can tell from the personnel lists in the budget. More important, because these are private agencies, we have only limited control over them. As some will recall, that was part of the point of the whole privatization push. We were to give up control of services so the invisible hand of the private market could work its magic. Well it has, and here’s the result.

None of this is to say it isn’t possible to squeeze costs down over time, but how much less do we want care-givers to be paid? Though we would like to be able to slowly reduce administrative overhead, the sudden cuts of this past year will not have that effect. More likely they’ll bankrupt one or two of the providers, and that will be a lesson to…someone.

Full disclosure: I have recently done some software consulting work for West Bay Residential Services, one of the DD residential care providers, and may do so again someday.

Update: Clarified the makeup of David Jordan’s 2009 compensation.

Read previous posts from this series