Open Letter to Gov. Chafee: Sign “Ban the Box”

bantheboxDear Governor Chafee,

Yesterday, mere hours before the House passed “Ban the Box” (5507A) by a 62-3 vote, I spoke with a friend who had been told by a temp agency he is “toxic,” and they could never hire him. I said this wasn’t a good case for litigation under federal law. He didn’t care about suing anyone; he was just feeling down about his job search.  Unlike most of the 2014 college graduates (with dual degree Honors) my friend has a criminal record from age 16.

Later that day, the EEOC settled with one of the largest trucking companies in America. J.B. Hunt will change its blanket policy that prohibits hiring people with a criminal record, and instead follow the federal agency guidelines, that past crimes should be relevant to the job when used for denial.

I went to law school to receive more interviews, to explain why I would be a good fit for the job. I applied to 30 law schools that made decisions on paper, and do not offer interviews. I got rejected by all of them, yet got into half the schools where I spoke with someone.  I’ve since become a positive addition to both Tulane and New Orleans.

I’ve spoken recently with several friends out job hunting.  Some are husky like the actor James Gandolfini or David “Big Papi” Ortiz. Some are not as confident with their words.  Some are next to homeless. All have criminal records and yet none of this impacts their ability to do solid work. Over 150,000 people have gone through the ACI over the past few decades and those of us who “made it” learned to be flexible to survive. We learn to adjust our sights in the job market, but I urge you, as Governor, ensure that nobody has to stop looking.

Those of us with criminal histories, recent or long past, are your residents, your voters, and your people. We have families. Our children depend on us to set an example and pay the bills. We are looking to erode barriers after we have served our time. When we fail, the pain transcends past one individual, as we are forced to choose from different, less hopeful, options.  Yet when we succeed, that too ripples outward.  Last year, three of us from the ACI formed Transcending Through Education Foundation.  Just this past week we chose our inaugural scholarship winners from a strong pool of applicants.  These are people making the most of their situation, who are helping others, and we want to give them some support amidst (typically) a sea of negativity.

Those of us living with criminal convictions know that the only way to make up for what we’ve done, to our families and community, is to persevere and overcome the barriers. Returning to prison because we couldn’t find a job isn’t good for anyone. Fear is what fuels customs of exclusion. Not knowing someone makes it almost understandable. But such customs have been struck down and driven out of America in the past.

When we went door-to-door in 2006 to talk about voting rights, we learned that folks of all varieties believe we are all still residents, and everyone deserved a second chance. When we started awareness around Ban the Box, we’ve seen the growth of similar support. These are all pieces of a larger fabric to mend, to truly weave us into We The People. A people all in it together.

I raised this issue during your 2010 campaign and you responded as genuinely concerned and supportive.  Governor Chafee, please stay that course and sign this bill.

Sincerely,

Bruce Reilly

Bruce Reilly is a former organizer with Direct Action for Rights & Equality, current treasurer of Transcending Through Education Foundation, and a summer Ella Baker fellow for the Center for Constitutional Rights.  He is a third year law student at Tulane University, and continues to volunteer as a member of FICPM, VOTE, and National Lawyers Guild.  He will always be a member of DARE.

Big win for Rhode Island’s lowest wage workers


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Perhaps the best legislation to come out of the General assembly this year concerning Rhode Island’s economy is the increase to the minimum wage, which jumps up a quarter from $7.75 to $8. Said another way, working one hour at a local McDonald’s is now worth a full meal from the Extra Value Menu, with change left over for the meals tax!

While this may still leave employees woefully below the poverty level – before taxes working 40 hours a week at $8 an hour will net about $16,000 (assuming no vacation or sick days) – Rhode Island has been moving in the right (read: progressive) direction.  Just last year, legislators raised the minimum wage from $7.45 to $7.75. So over the last two years the new faces you see at WalMart and Dunkin’ Donuts will be an additional $4 a day – or almost $1000 a year. Maybe that’s a month’s rent.

Rhode Island now mandates businesses pay the lowest wage workers at least as much as they could earn in Massachusetts, though one can still do a quarter better in Connecticut where the minimum wage is $8.25. This, of course, is a completely useless comparison as virtually nobody who earns $16,000 a year can afford to move anywhere other than to the streets.

If you’re reading this post, there’s a good chance you don’t know anyone who works for the minimum wage; I don’t. Though they bag our groceries, serve us coffee and mow our lawns – but that guy may well be making less than minimum wage. Two-thirds of all minimum wage employees work for big business. And local favorites such as Dunkin Donuts, Panera Bread, McDonald’s, Wendy’s, The Outback, TJ Maxx and Kohls are all among the 50 largest minimum wage employers in the nation.

Kate Brewster of the Economic Progress Institute said some 72,000 Rhode Islanders would benefit from an increase to the federal minimum wage. That’s almost 10 percent of the whole state! They probably don’t spend much time at the State House or on the political blogs – they may not even vote – but they still have a great effect on our economy.

Thanks to everyone who expended their valuable political capital for this issue. And let’s help our congressional delegation advance this cause at the national level, where they are fighting for an increase to more than $10 an hour by 2015!

min wage

Providence needs a bike share program


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Happy one month anniversary Citi Bike in New York City! On a trip, I had the opportunity to see Citi Bike, a bike share initiative, in action, and took some pictures. Something like this in Providence might prove very successful. Read this great compilation of statistics from Citi Bike’s first month in NYC to see if you think this would be good for the Creative Capital too. It’s also raised revenue for the city.

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Happy customer on a beer run outside Whole Foods.
Happy customer on a beer run outside Whole Foods.
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Roads, bridges sacrifice for pensions; income taxes spared


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State House Dome from North Main Street

State House Dome from North Main StreetRhode Island boasts some of the worst roads and bridges and one the highest unfunded pension liabilities in the nation. So of course when it came time to figure out how to make a payment to the pension system, the legislature took the money from a brand new plan to repair roads and bridges. The only other option would have been to tweak the state income tax structure – the most regressive in New England.

All three have obvious effects on the Ocean State’s economy. But while income taxes remain sacrosanct, roads and pensions made sacrifices for one another. At least CNBC doesn’t factor traffic congestion into its best/worst states for business lists!!

At least a reasonable argument can be made for austerity, though. The most contentious debate of Day 2 of the House of Representatives budget session was whether to include $2.5 million in the $8.2 million budget for 38 Studios bondholders.

Either this was a ridiculous thing to debate at the 11th hour, or it was being used as a political tool against House Speaker Gordon Fox. Perhaps both!

I just can’t conceive of a sound argument for not funding something that could damage our ability to borrow money when worst case scenario is it costs every Rhode Island $2.50 (or just the richest among us $250 each!) to effectively buy an insurance policy against a downgrade. If we don’t need it, we can always put that money into roads and bridges or the unfunded pension liability. Though some may prefer to just set up a slush fund the 1%…

But the gold star for ineffective government on Smith Hill last night has to go to the Senate Finance Committee. The Providence Journal said it too the committee only 18 minutes to rubber stamp the budget bill the House debated for almost 20 hours.

To which conservative pundit Andrew Morse tweeted: “They should try finding extra funding by zeroing out the Senate budget, and seeing if the Senate actually notices.”

 

Not including it would have meant a potential increase in cost of borrowing money, while in

 

March for Aynis Vargas, victim of gun violence

Aynis Vargas
12 year old Aynis Vargas

For some reason, we’re not calling it a mass shooting. A shooter, wearing a black mask and camouflage pants opened fire on a party on Hartford Ave, wounding three women and killing Aynis Vargas, a 12 year old girl. Vargas was shot in the back, and died on the scene. As of this writing, police are still searching for suspects.

On Saturday, June 29th, from 6-8pm there is going to be a Peace March and Prayer Vigil held in honor of Aynis Vargas. The march will start at 220 Hartford Ave and end on Bodell Ave, where the prayer vigil will be held. It would wonderful if Representatives and Senators from Rhode Island’s General Assembly could be bothered to attend this event.

The shooting of Aynis Vargas occurred even as the General Assembly seems intent on punting on a raft of gun legislation that would seek to limit the availability of illegal handguns throughout our state. Reading about the Vargas’s death reminded me of the May 1st gun legislation hearings held at the State House by the House Judiciary Committee. Hundreds of NRA members showed up to rally outside the State House before testimony began. Representative Doreen Costa (representing the NRA and the Tea Party) spoke to the crowd, and later, during the testimony, spoke often and knowledgeably about guns, a bright smile covering her face when she spoke about a legislative outing that included lessons on how to fire guns.

After the testimony of Commissioner Paré, the following exchange took place. You can access the entire hearings here. Time codes are included after the speakers names.

Doreen Costa [128:30]: I just want to make one quick comment, Commissioner Paré. You did make a statement that you confiscated around a hundred guns, correct?

Commissioner Paré: Correct.

Costa: And you did also say that they were illegal guns, correct?

Paré: That’s correct.

Costa: And that’s my point because these bills would hurt law abiding citizens and we keep talking about the City of Providence… the City of Providence does need a lot of help and, oh my gosh, I hear every day what’s going on in the City of Providence. I think, um, Commissioner, I mean, Providence does need help, but we have cities and towns like Exeter and let’s say West Greenwich, East Greenwich, Warwick, Newport- We don’t hear half of what we hear about the City of Providence, so, the package before us would affect every single community, unfortunately, because we have the City of Providence. It seems that everybody uses it as an example and I just don’t think that’s right. Thank you.

What Costa appears to be saying is that the problems of Providence in regards to crime, shootings, the availability of handguns and the deaths of children is not a problem that the entire state needs to be addressing. The problems of Providence are Providence’s to deal with alone, and no one from Exeter is all that interested in the kind of common sense gun regulation that might help limit violence and save the lives of schoolchildren. To his credit, Paré answered Costa well:

Paré: Providence is experiencing what New York City did twenty years ago, and New York City took action, and so you don’t carry a weapon in the City of New York today without serious consequences. When I said that we need help, yeah, we need help. We need help from this body and we need the right tools, because we’re finding too many young kids and young adults on the streets of Providence with access to hand guns. Now these guns are made legally, by manufacturers in the US, and they’re sold legally as well. They’re getting into the hands of criminals and we need to put our heads together and stop that. The leader talked about banning guns. Look, I’m not interested in banning guns at all. You can have as many guns as you wish. This is America. But you have a responsibility to the community if you want to own 87 guns, that those guns ought to be secured. they can be a part of the solution rather than arguing about what will help and what will not help. What we have now in Providence is not working and we need changes.

Later, after some confusing questioning by Representative Lima, Paré elaborated more:

Paré: Look, if New York did it, the size of a city like New York, we could do it here in Providence and despite the other towns that may not have the experience or the problems that we’re facing in Providence, this is a small state, and your constituents coming from Tiverton and Exeter and North Kingstown are coming into our city so they’re affected as well.

Teny Gross, from the Institute for the Study & Practice of Nonviolence, who works selflessly to reduce the very kinds of violence that ended the life of Aynis Vargas, rightly went after Costa during his testimony.

Teny Gross [214:45]: It’s good to have a hearing on gun violence, gun accidents and gun suicides which is the common denominator as to why America is such an exceptionally violent country because of the amount of guns we have. The “good guys” as the NRA has called its camp- I don’t understand why [the NRA] opposes law enforcement, mayors and doctors- you should be in the forefront, supporting them…

And for you, Representative Costa, who mocks a little bit our city [of Providence], this is not Exeter, we choose to live in Providence, and at least 40% of people who live in America buy guns without having to be checked. So you contribute to an environment, in cities, that is deadly, and our kids, who often don’t make good decisions, and might have easy access to weapons, or they are now getting weapons to protect themselves because there’s an arms race. Again, if the NRA were a truthful organization, you would help make sure there is no black market, that 100% of people are checked and registered so our kids wouldn’t do it.

Costa was having none of that. Not only did she defend herself against Gross’s accusation, she went after Gross personally, because he’s an immigrant, an American by choice, not birth, and therefore, I suppose, his opinion is less valid and his facts are questionable. Costa was angry, and let her Tea Party xenophobia show.

Doreen [218:00]: Real quick. Sir, I wasn’t mocking the City of Providence. Colonel [sic.] Paré said that there was a hundred crimes committed in, a hundred shootings, and I stated the case that Providence was a problem, never mocked Providence and you keep saying how America…

Gross: Rep Costa, is this a question?

Doreen: It is. [Costa pokes her finger at Gross accusingly] You chose to make the United States your country, but yet you sit here and you tell us how violent it is. Thank you.

Gross: It’s a fact.

Maybe this is the reason inner city gun violence seems to be of no real interest to many members of the General Assembly. Aynis Vargas has the kind of name, lives in the kind of place, and has the kind of family that seems, to some people, to be of less importance. Just as Teny Gross is, in the eyes of Doreen Costa, less entitled to his opinion due to his status as an immigrant, perhaps the life of Providence native Aynis Vargas was less important to some in the General Assembly than the putative gun rights of NRA members who live in Exeter.

Budget hinges on moral obligation to the rich or retirees


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RetirementDignityThe biggest debate of the budget process turned out not to be about a moral obligation to Wall Street but rather a moral obligation to Rhode Island retirees.

While the local media (this site included) focused on the debate concerning a $2.5 million payment to 38 Studios bondholders, the bigger debate during last night’s marathon budget session concerned a $12.9 million payment to the state pension program.

Defecting from House leadership, a wide spectrum of Democrats and Republicans struck down a proposal that would have eliminated an extra payment to the pension system negotiated into the landmark pension reform process of 2011.

“I feel like we are going back on our word and that’s not how I like to operate,” said Rep. Jared Nunes.

For those of you who don’t understand the concept of a moral obligation outside of the bond market, this pretty well sums it up in layman’s terms! Many lawmakers, however, put the pension payment in the exact parlance of a moral obligation (a meta-concept RI Future has dedicated many pixels to championing).

“If 38 studios is a moral obligation, what is this?” said progressive Rep. Larry Valencia, of Richmond, according to the Providence Journal. “I contend this $12.9 million is a moral obligation as well.”

While I don’t like this specific law (I wrote about it last week here) for the same reasons I don’t like the law that guarantees bondholders get paid before pensioners – it sets up a tiered system of budget priorities – I do also understand it as a moral obligation.

“We hurt people’s pensions,” said Joe Trillo, a Republican who supported pension cuts in 20111 and paying the $12.9 million this year. To then go back and nix a silver lining would add insult to injury.

Much more than I take umbrage with the law, I love the debate it has inspired as the 2013 legislative session winds down. The idea that the state has a moral obligation to retirees was unmistakably the theme of the debate last night and RI Future has been publishing posts about this for months now.

This is not only as big victory for the labor movement, but also for the wider progressive movement: a moral obligation has morphed from being a strictly financial concept to being a political and philosophical concept in our marketplace of ideas. In the financial markets, a moral obligation literally means you don’t have to do it, but it may cost you money in the long run. In real life a moral obligation is something you do whether it’s in your own self interest or not.

This gives me hope that our elected leaders will start actually governing instead of simply trying to cut down a spending plan artificially capped by conservative thinking. We have no moral obligation to austerity – though it may or may not be good for our economy; so far it hasn’t shown benefits. We do however have a moral obligation to fully fund our promises.

That didn’t happen last night, though. House leadership, specifically conservative Democrat Nick Mattiello, conceded the goal was a noble one, but said proponents had failed to identify a way to fund it.

“The $12.9 would have to come out of something,” WPRI quoted Mattiello as saying.

This, of course, isn’t true because it assumes the only way to fund government is to cut something else in government (a false choice the many have fallen for during the era of austerity)

Rep. Valencia reminded Mattiello, leadership, the House and those of us watching at home, that in fact both he and Rep. Cimini had income tax increase bills vetted that would raise enough revenue and more.

“A quarter of a Cimini,” would suffice, Valencia said, or a one-fourth of the 2 percent income tax increase the progressive Rep. from Providence proposed on those who make more than a quarter million dollars annually.

The budget debate was put on hold early this morning and continues later today. Whether or not a “quarter of a Cimini” is in play as legislators continue to debate the tax and spend plan will depend on just what kind of moral obligation our elected officials feel they have to the totality of their previous promises.

I know I feel we have a higher moral obligation to keep our word on pension reform than we do to keep in place a tax cut given to the richest Rhode Islanders.

Budget hole big enough to drive a bus through


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brazilIn Brazil a twenty cent increase in the bus fare is sufficient to start a revolution. Rhode Island lawmakers are lucky that the public here is more sedate, because their inability to find a sustainable financing solution for the Rhode Island Public Transit Authority’s structural deficit in this year’s budget will lead to either a drastic reduction in RIPTA service or a major increase in fare prices, maybe both.

The FY13 deficit for the transit agency stands at $2.2 million, and the FY14 deficit, which the budget proposal has done next to nothing to address, is projected to be over $10 million.

$10 million is about 20% of RIPTA’s operating budget, and that is where RIPTA will have to look to balance its books sometime before its cash flow runs out near the end of the year. It would be a miracle if the necessary cuts comprise less than 10% of current service [For instance, a four million dollar deficit a few years ago translated into 10% proposed service reductions.] It’s more likely that RIPTA will soon be holding public hearings with discussions of 20% cuts.

Never mind for the moment the impact to our environment or to the people who rely on transit as a lifeline, imagine the impact to the economy if 1 in 5 buses disappears from Rhode Island’s roads. How many people who can’t drive or can’t afford a car won’t be able to get to work? How many won’t be able to make it out to the store to engage in commerce? Thousands.

I can already picture the hearings, filled to over capacity with angry and terrified riders testifying about the hardship that the cuts will mean. There will no doubt be protests in the street over it (though not quite like Brazil), and legislators will predictably make statements to the press about how important transit service is and how the cuts could not have been foreseen.

Despite such feigned ignorance, RIPTA’s plight is well known in the Statehouse. Speaker Fox has maintained that finding sustainable funding for the buses is one of his top three priorities this session. Dozens of members of the House have even signed a letter calling on the Speaker to live up to this stated priority.  There has been sustained advocacy on the issue for as far back as legislators memories can stretch, advocacy from the environmental, social service, public health, senior, disabled, youth, labor, and business communities. What will it take?

I suspect in the end that it may require the people in the street in the lead up to next year’s elections to finally see a solution. In the meantime, the public will suffer and whatever economic development policies that lawmakers manage to get through will be entirely undermined.

Left and right agree on 38 Studio bond payment


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occupy prov 38Perhaps the most telling tale of the 2013 budget process is not about what we do or don’t invest in, but rather the uncommon affiliations one such spending decision has brought to light. Many on the left (progressives) and the right (Republicans) seem to disagree with the majority of moderate Democrats that Rhode Island should pay 38 Studios bondholders.

This was first illustrated by Randall Rose and Occupy Providence’s great effort to put together a panel of diverse local experts, moderated by WJAR, to discuss the issue. Occupy Providence has long opposed paying on the bonds and it partnered with the Stephen Hopkins Center, a grassroots local libertarian group to call attention to the matter by having economists, college professors and bond buyers vet the pros and cons. Meanwhile, the legislature hosted a one-sided lecture on the merits of repayment.

House Republicans responded by vowing to vote against the budget bill today if the $2.5 million line item is included. Whether this is a principled stand against Wall Street-centric economic policy or simply political gamesmanship over the budget remains to be seen. Nobody, not even the ratings agencies, know which is the more fiscally-prudent path at this point and anyone claiming to support or oppose the $2.5 million line item based on such knowledge either doesn’t get it, or is lying (what some politics).

But now Sam Bell and Gus Uht, two influential members of the Rhode Island Progressive Democrats, have called upon liberal lawmakers to reject the budget proposal as well. Read their pieces here and here. They both mention the 38 Studios bonds, but also cite several other issues progressives have with the budget bill, such as cuts to RIte Care, pension payments and municipal aid.

The progressive caucus in the House has at least twice the membership as does the Republican Party. So if both these caucuses come together to oppose the budget, leadership would all of a sudden have a legitimate math problem on its hands.  Which won’t happen, of course, because the progressive caucus is more closely-aligned with moderate Democrats in politics if not in economic theory.

What’s been really interesting to me is that pundits on both the left and right have used similar logic to call for default.

Here’s what Uht wrote in a previous post:

“Moral Obligation” bonds are a fabrication of Wall Street, created to satisfy its greed. The Economic Development Corporation, not the state, issued such bonds for 38 Studios … 38 Studios was not described as a sound investment to either the prospective investors or the insurer, yet they signed on anyway. They gambled and lost. This is not Rhode Island’s responsibility, but in the vague, smoky-back-room fashion of “moral obligation” bonds, it might hurt our reputation for being a good bond issuer if we don’t obligingly, voluntarily make it our responsibility.

Andrew Morse takes the debate one step further writing that the electorate should not even vote for politicians who support the payment (according to the headline).

This idea of government will be imposed upon Rhode Islanders by their state officials and Wall Street working together, unless Rhode Islanders are willing to reject politicians who use their offices to enforce the finance industry’s extra-legal understandings of how debt should work, and reward those who work to make sure that the finance industry lives under the same constitution and laws that everyone else does.

I agree with both Uht’s and Morse’s  sentiments, but don’t think we should take such a severe stand for these values on either the budget bill or the next election. I do however think legislators have a moral obligation to oppose the budget bill based on the cuts to RIte Care, and if you read Tom Sgouros’ post from yesterday you probably do too.

But with respect to the 38 Studios bond payment, Imost Rhode Islanders probably agree with what progressive Rep. Art Handy told ABC6’s Mark Curtis:

I am of the opinion that we probably should pay it. I actually emotionally kind of think we shouldn’t. But intellectually I think I am at a place now where I feel like we probably should.

Me, I’m still standing behind what I wrote in a piece called “On moral obligations” back on April 18:

…I’m really hoping it ends up being financially advantageous not to pay the bondholders – that way we can save money AND we’ll see who in Rhode Island is a real small government conservative and who is acting like a friend to the taxpayer when they are secretly just advocating for Wall Street and corporate America’s interest in our state government.

Out-fox Fox: vote ‘NO’ on the House budget bill


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RI State House 4The state budgeting process has once again turned into a farce. This has been particularly true under Speaker Fox’s leadership. However, unlike previous years, the forced House rubber-stamping of the budget is in serious doubt. And that’s a good thing.

The 38 Studios’ bond repayment debacle seems to be the catalyst for the public’s and much of the House membership’s revulsion at the proposed FY2014 budget. But it’s not the only stinker in the budget. Among others, there is also the lack of an extension of family planning services to all low-income women. But the problem is much bigger than just the monetary impacts of the budget.

The House leadership has conducted a widespread pattern of bait-and-switching of many important bills put forward in good faith by the rank-and-file of the House. This is true even of bills that the leadership purported to support during the 2012 campaign. In particular the gun control bills that had widespread support have been gutted to the point of worthlessness. The NRA won. (Which reminds me: did you know that Speaker Fox received $2,200 from the NRA in political contributions during 2010-2012? Other House members also profited.)

The repeal of the Voter ID act was also sculpted behind the scenes by the leadership to be worse than what was in effect for the 2012 elections, a far cry from a repeal.

Now, despite what your feelings are about the above bills, pro or con, I think we can all safely agree on the farcical nature of the budget process in the House. From this year’s hit parade of what would otherwise be laughable elements of the process, we have the following[1]:

  1. The Governor’s budget of January was revised behind closed doors by just two or three legislators.
  2. The House Finance Committee only received an overview of the budget literally a few hours before the Committee met to vote on it.
  3. Even more ludicrous was that the Committee did not see the actual budget, with the all-important details, until just before the relevant part of the budget was discussed during the meeting. The poor staff were running continuously between the meeting room and the copier and back to keep up.
  4. At one point, for the final Section considered, the Appropriations’ section, which was also the longest (over a hundred pages), the staff couldn’t handle the volume and Chairman Melo had to pause the proceedings for some time until the Committee members got their copies.
  5. The fiscal staff spent about 5 minutes, plus-or-minus, of the two-hour-long meeting describing the Appropriations’ section and its changes.
  6. The main negative point brought up by committee members, especially Reps. Newberry and Ferri, was the presence of the 38 Studios bonds repayment in the budget.
  7. After all that, the clout of the House leadership truly became apparent. The vote was to pass the budget 12-0-2: all Democrats in favor, no committee member opposed, and two abstentions, both from Republicans (even they couldn’t say an outright ‘NO’).

The Speaker wants, and so far is, controlling everything that goes on in the House. But he cannot be trusted. See yesterday’s Nesi’s Notes for evidence of Speaker Fox’s lying about 38 Studios and what the House knew, or rather didn’t know, before voting for the relevant approval bill in 2010.

It’s time for Rhode Islanders to say “Enough is enough! Vote ‘NO’ on the budget!” Put yourselves back in charge. I’m making a Call for Action to anyone and everyone who has some time today. Come to the State House at about 1 PM and talk to your Representative before the debate and vote on the budget that starts at 2 PM. For those who’ve never been there, you first go through security on the side of the statehouse farthest from Providence Place, then go up the rotunda stairs (or the elevator) to the second floor. The House entrance is there. There are also visitor galleys on the third floor. Lastly, all House sessions are televised and shown in both real-time both on the web and on cable, and later-on on the web.

I know that’s a bad time for many of us, and perhaps that’s why it was scheduled then, two hours early, but this is a rare perhaps even once-in-a-lifetime moment when your voice can truly be heard and recognized.

If you can’t come in person, see if you can find time to call your Representative in the morning/afternoon/evening (they’ll probably be there for a while). See here to determine who your Representative is, and here to look up her/his phone number. Don’t know what they look like? Go here and click his/her name. Still need help? I’ll be around and do my best. I’ll be the guy with a sign on his back.

I hope to see you at the Capitol.

Keep the faith.

—-Gus Uht


[1] You can see the (long) session for yourself on Capitol Television; look for 6-18-2013, Parts 1 and 2. A shorter version of the highlights was given by Rep. Newberry on Newsmakers June 21.

Progressives should vote against the budget


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George Nee and Gordon FoxProgressives have always had a complicated relationship with House Speaker Gordon Fox.  Though deeply concerned that Fox’s very conservative economic policies are destroying our state, we have always supported the House leadership team because Fox’s likely successors, Helio Melo and Nick Mattiello, are even more conservative than he is.

When Speaker Fox faced the progressive voters of the East Side in November, they were angry—angry at the bevy of red-state legislation Fox had actively pushed for.  Fox promised to change.  He promised to sunset the ALEC-backed voter ID law he supported, a law he passed even though the chairwoman of the national Democratic Party called him to beg him to reconsider.  He promised to consider not bailing out Wall Street on the 38 Studios deal he helped orchestrate.  He promised to work with progressives on scaling back the tax cuts for the rich, tax cuts he had once promised would create jobs.  He promised, in essence, to govern like the Democrat he once was.  It has now become clear that he does not intend to honor those pledges.  Jolting sharply to the right, Fox has launched a campaign against Democratic values.  Here is a sample of his recent right-wing moves:

  • He is handing Newport Grand a million-dollar bailout.
  • He is forcing through a much, much larger bailout of the 38 Studios bondholders.
  • He is throwing 6,500 Rhode Islanders off Medicaid.
  • He is skipping a pension fund payment, in a gratuitous middle finger to labor.
  • He is refusing to roll back some of the tax cuts for the rich and instead raising taxes on the middle class through steep tolls on the Sakonnet River Bridge.
  • He is paring back Chafee’s already minuscule municipal aid package, forcing the City of Woonsocket into receivership.
  • He is blocking the family planning expansion under ObamaCare.
  • Like the US Senate’s filibustering Republicans, he is refusing to let an assault weapons ban or background checks reporting get a vote.
  • Finally, not only did he break his promise to sunset the voter ID law, he snuck in a provision to tighten voting restrictions even further.  Telling the members of the Judiciary Committee that they were voting to freeze the current law to prevent the harsher 2014 restrictions from coming into effect, they refused to release the actual bill in time for everyone to read it.  A violation of the trust the statehouse runs on, this move tricked many pro-voting committee members to vote for this red-state-style assault on our democracy.

When she was the Executive Director of the Rhode Island GOP, Ann Clanton famously admitted, “We have a lot of Democrats who we know are Republican but run as a Democrat — basically so they can win.”  Progressives cannot help but look at Gordon Fox’s recent record and conclude that he is indeed one of those Republicans hiding in the Democratic Party.  We urge the General Assembly to stand up for Rhode Island values and stop this conservative onslaught.

We are not the only ones who are angry.  We have heard from a large and growing body of furious Representatives that there will be a serious effort to vote down the budget to stop the 38 Studios bailout.  If the progressive bloc in the House breaks away from leadership on this issue, we can block this right-wing budget and force something a little more reasonable.

So we call on progressives to vote this budget down.  We understand the power of leadership and all the practicalities that entails, but if any progressives are forced to vote against their conscience, we sincerely hope that it is in exchange for a more moderate budget.  And we call on Gordon Fox to return to the principles he ran on.

PSU, ACLU petition RIDE: ‘Don’t test me, bro’


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Photo by Sam Valorose.
Photo by Sam Valorose.

The Providence Student Union, the ACLU, the RI Disability Law Center and 14 other organizations with a vested interest in equitable public education in the Ocean State are formally asking RIDE to stop using the NECAP test as a graduation requirement.

“The new Board of Education has never had the opportunity to fully discuss, much less take a position on, the actions of its predecessor – the Board of Regents – in approving high stakes testing,” said RI ACLU Executive Director Steve Brown, a frequent contributor to RI Future. “Through this petition, we are hopeful that the Board will take a stand and agree with the many organizations signing this petition that high stakes testing is bad policy.”

Board of Education Chairwoman Eva Mancuso told RI Future in May that the new board would reconsider the policy.

“I think that’s an important issue to come before the board,” she told me in May. “I certainly want to look at that issue.”

She also said: “I don’t think it’s the best test.” And added, “40 percent of kids are not going to not graduate from high school if I have anything to do about it.”

Using the NECAP test as a graduation requirement has emerged as one of the most controversial initiatives of Deborah Gist’s embattled tenure as education commission of Rhode Island.

Not only has using high stakes tests as a graduation requirement become more controversial across the country, the issue is further strained in Rhode Island because there are unanswered questions about the validity of the NECAP test in particular to measure individual student performance.

Tom Sgouros, Rick Richards and other RI Future contributors have painstakingly detailed how it is designed to measure school, not individual aptitude. The Providence Student Union made national news when it challenged adults to take a version of the NECAP test.

Here’s the full press release sent from the Providence Student Union today:

A coalition of 17 organizations representing youth, parents, the disability community, civil rights activists, college access organizations and other constituencies have filed a formal petition with the state Board of Education to initiate a public rule-making process over a proposal to rescind Rhode Island’s controversial new high-stakes testing graduation requirement. Under the Administrative Procedures Act, the Board will have 30 days to respond to the petition.

“The clock is ticking, and the futures of literally thousands of Rhode Island teens are hanging in the balance,” said Steven Brown, ACLU of RI Executive Director. “The new Board of Education has never had the opportunity to fully discuss, much less take a position on, the actions of its predecessor – the Board of Regents – in approving high stakes testing. Through this petition, we are hopeful that the Board will take a stand and agree with the many organizations signing this petition that high stakes testing is bad policy.”

Questions about the validity of high stakes testing as a graduation requirement have been a source of great concern and debate in recent months. In a cover letter accompanying the petition, the organizations echoed the views of many students and teachers that, rather than educating students, the policy has led to too much time being spent teaching to the test. In fact, earlier this month RIDE supported legislation that explicitly authorizes school districts to pull students out of core classroom instruction to prep for the test, if doing so is deemed to be in the student’s “best interest.” The groups also point to RIDE’s own failure to meet 32 of 33 goals it set for itself in improving achievement for traditionally vulnerable students as “ample proof of the validity of our concerns.”

RIDE has repeatedly assured worried parents that many students at risk of not graduating need not fear the testing requirement. But the signatories, like many citizens across the state, remain concerned – especially for the significant cohort of ELL and special education students.

“Use of high-stakes testing has a disproportionate impact on students with disabilities and is counter to what we know works best for these students,” said Anne Mulready, supervising attorney at the RI Disability Law Center. “Our state and school districts have made significant investments in building the capacity to provide individualized instruction for students with disabilities that focuses on individual student strengths and learning styles, as required by federal and state law. But these investments are being needlessly squandered by the use of a high-stakes test to determine who gets a high school diploma.”

The Board of Education has been in existence for six months, but has never formally discussed or voted on this controversial requirement, despite the extensive public comment the subject has received at Board meetings. Under the Administrative Procedures Act, the Board has thirty days to initially respond to the petition, either by denying or it by initiating a public rule-making process, where testimony will be accepted and the Board can, as the groups note, “consider in a timely but deliberate manner whether to accept, modify, or reject this proposal.”

As Hector Perea, a member of the Providence Student Union noted, “The petition does not make the Board take a stand on high-stakes testing. It just pushes the Board to start a public process where they have to, at the very least, think about whether to debate the issue. We think the thousands of concerned students and parents of Rhode Island deserve at least that.”

Among the groups signing the petition are The Autism Project, Children’s Policy Coalition, College Visions, NAACP Providence Chapter, Providence Student Union, ACLU of Rhode Island, Rhode Island Disability Law Center, Rhode Island Teachers Of English Language Learners, Urban League of Rhode Island, and Youth in Action.

Letter from Measured Progress: All is Well!


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measured progressOn June 3, 201, Commissioner Gist received a letter from the Principal Founder of Measured Progress concerning the NECAP. It said, in part:

“While graduation decisions were not a consideration when the NECAP program was designed, the NECAP instruments are general achievement measures that are reliable at the student level”

First of all, it is interesting to speculate why such a letter would be sent at this particular time, well after setting the policy requiring the use of NECAP for graduation decisions. I speculate that the letter was requested to reassure a restive Board of Regents, but that is just my guess.

Still, if this is intended as reassurance from Measured Progress, it can only be read as tepid. First, the letter acknowledges that the NECAP was never designed to measure the learning of individual students. It was, instead, designed as a general achievement measure. Unspoken is the reality that, if the NECAP had been designed to measure the learning of individual students, it would have been designed much differently. But, that question, which drags in issues of test validity, was not asked and was not addressed.

There is not a word about test validity in the letter. That is, there is no claim that the test provides information that predicts “college and career” readiness any better than a large number of other contending measures: grades, recommendations, work or leadership experience, portfolios, senior projects, or socio-economic background.

Actually, test scores track socio-economic background so closely that it would be difficult to do a good job of distinguishing the two in a validity study.

So, there is no claim in the letter that the test is more useful than information that is already available. But there is the important claim that the test is reliable at the student level. And, after all, it is the reliability of the NECAP score that contributes so much to its attraction– that attraction being the simplicity of reducing a complex history of learning into two numbers–one for reading and one for math. After all, what could be more objective that a single number? Like the current balance of a bank account, this number tells us how much reading and math the student knows.

But the test score number is not like the current balance of a bank account, which is an exact number. Instead, it is an estimate of how much a student knows. Part of the test score is what the student really knows—the true score–and part of the test score is the mistakes the student makes—getting something wrong he/she really knows, or getting something right that he/she really does not know. These mistakes create error in the test score–the more error in the test score, the less reliable it is.

When testing companies like Measured Progress talk about reliability, they talk about the reliability of the test. They mean that, using different analytical techniques, they can tell how much measurement error the test contributes to the score of a student.

Using a camera as an analogy, this is like telling someone how much the lens distorts a picture. In photography, where the subject doesn’t contribute distortion to the picture, this is all you need to know. If, to pick a number, the test is reliable at the .85 level for students, that means that .15, or 15% of the test score is error.

The usual way to deal with the error is to turn it into an error band around the reliable portion of the score. Thus, when RIDE creates a cut-score for graduation, it puts an error band around it and takes the score at the bottom of the error band as the cut-score. Voila, fair and true cut scores!

But in testing, the person tested has long been acknowledged as a source of distortion, or variation, or measurement error (see Thorndike, 1951). Beyond the test itself, the person tested contributes random variation based on “health, motivation, mental efficiency, concentration, forgetfulness, carelessness, subjectivity or impulsiveness in response and luck in random guessing”.

If you ask teachers, parents, or anyone else who actually knows students, one of the first things they bring up is how differently students behave from day to day. They worry about whether a student will have a good day or a bad day when they take the NECAP. They assert as commonplace knowledge that the same student can get very different scores on the same test on different days. This kind of variation is called test-retest error.

Yet there is no reporting on this source of measurement error in the NECAP Technical Report. Partly, this is because getting test-retest reliability entails serious logistical problems—large numbers of students need to take parallel forms of a test in a relatively short period of time. It’s difficult and prohibitively expensive.

But recent improvements in techniques for analyzing tests (Boyd, Lankford & Loeb, 2012) have changed this and, all of a sudden, we can begin to understand the reliability of students when they take “general achievement measures”, i. e., standardized achievement tests.

To return to our camera analogy, in addition to understanding how much distortion the lens produces, we can now begin to understand how much distortion the object of observation causes. Now, instead of one layer of error, we have two layers of error and they impact each other as multipliers. If, for example, the lens is .85, or 85%, reliable, and the subject is also .85, or 85%, reliable, the total reliability is .85 X .85, or .72.

Reliability of .72 means that more than a quarter of the score (28%) is error. In other words, taking the student into account, the test is a lot less reliable than we thought it was when we only took the test into account. As the authors cited above report:

“we estimate the overall extent of test measurement error is at least twice as large as that reported by the test vendor…”

The test referred to by the authors– developed by CTB-McGraw Hill–is very similar to the NECAP.

All of this casts stronger doubt on the wisdom making the NECAP a graduation requirement. Not only is the NECAP flawed in the several ways discussed in this column before—it discourages students, victimizes the weaker students in the system, constricts curriculum, and degrades teaching and learning–but one of its chief virtues, its reliability, is seriously oversold.

Underestimating test reliability is bad for a student graduation requirement, but we should also consider the impact on the whole accountability structure: teacher assessments are based not on just one student test, but several, so increases in unreliability puts the evaluation system in doubt. Likewise, accountability associated with schools—the measures defining Priority Schools and, school progress and gap closing, to name a few. The whole house of cards is now exposed to a stiff breeze.

RIte Care cuts could prove to be a killer


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RIteCareDo you  support the compromises made to put together this year’s state budget?  Would you support them if you knew they will cause people to die?  Statistically speaking, one cut is likely to cause as many as 30 deaths over the next few years.

The problem with discussions of the state budget is that they’re usually conducted in the abstract.  We talk about budget numbers and cutting a little here and moving this number into that column and it’s all rather academic and somewhat bloodless.  To make it a little less bloodless, I’d like to look at just one number and see what it really means.  And since we’re talking about blood, let’s look at the Medicaid cut.

As was reported here, the Finance Committee’s budget drops Medicaid coverage for about 6,500 parents to save a bit more than $4 million.  The deal is that these are people whose incomes are between 133% and 175% of the Federal poverty line, or $25,975 to $34,177.  Their children will continue to receive health care through Medicaid and RIte Care, but these parents will have to buy insurance on the new Health Benefits Exchange, part of Obamacare.  There is a federal subsidy available, that will keep the monthly costs down to $100-150/month, but each person will be liable for out-of-pocket medical costs expected to average around $2,000 per year.  There’s a good summary here.

So, now to the math: someone who earns $26,000 each year will see an increase in monthly payments equal to a little more than half a month’s gross pay per year, plus out-of-pocket costs.  If he or she is healthy, maybe that’s all.  But if there’s an illness or injury, we’re looking at an additional month’s pay in medical costs.  So how would you feel to know that your salary next year is going to be short 1.5 months gross over this year?  In fairness, the House budget includes $500,000 to provide some subsidy.  More math: $500,000 divided by 6,500 is about eight cents short of $77.  That will surely help.

Still more math: According to a 2008 study by the Urban Institute, using numbers from the Census Bureau and the Institute of Medicine, about 137,000 people died between 2000 and 2006 from a lack of insurance.  These are estimated excess deaths due to late or skipped treatments for disease and injury, or missed diagnoses.  This is a mortality rate of a bit less than half a percent for the uninsured.

Unfortunately, 6,500 is a fairly big number.  A bit less than half a percent of that still comes up a bit more than 30 people.  If none of those 6,500 get insurance, or if they forego treatment because of its expense, we can expect about 30 people to die in the next few years as a result of this change in policy.  Presumably lots of them will get coverage, but I doubt that all will.  If as many as 29 people out of 30 — 6,283 out of 6,500 — manage to scrape up enough to pay for health insurance and also pay for all the doctor visits they might have used under Medicaid, there will still be one death.

In other words, we can reasonably expect that people will die because of the House Finance vote last Tuesday.  Thank you, Helio Melo and Gordon Fox.

Ok, so this is not a large number of deaths in the grand scheme of state business (unless it happens to be you, of course), but the point of doing a study like the Urban Institute’s is that mortality is just the readily countable tip of the iceberg, and that for each preventable death, we can expect a great deal of pointless suffering from untreated chronic conditions, illness, and injuries.

This is what’s so infuriating about what passes for debate on the state budget around here.  Because the legislative leadership has so thoroughly assimilated the idea that the only way to conduct state business is simply to do what business wants — tax policy, education policy, health care, whatever — it seems impossible to construct an argument in favor of something as simple as preventing death and suffering.  Sometimes it seems the only effective way forward is to argue in terms of cost-benefit analyses and advancing the state’s economy.  But in fact, sometimes things must be done simply because they are the right thing to do, and other things must be condemned because they are not.  What kind of state do you want to live in?

So next time you hear someone saying how important it is that we pay back all our bonds, even the ones borrowed to fund stupid insider deals, don’t ask “is this important?”  Ask, “Is this more important than the death and suffering of some poor people?”  Is cutting the sales tax on liquor to improve sales in liquor stores near Massachusetts more important than the death and suffering of poor people?  How about letting businesses accelerate depreciation?  Is preserving all the tax cuts rich people got between 1997 and 2010 more important than that death and suffering?  See how much clearer it gets?

Needless to say, people will object to having their budget choices portrayed in this manner, but do you sympathize with them, or with the poor people who will not get decent health care here, in what is still among the richest countries on earth?

Over 1,000 sign petition against 38 Studios bailout


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occupy prov 38On Monday June 24th, the petition against the 38 Studios bailout will be brought to the State House for a ceremonial delivery.  So far, over 1,000 Rhode Islanders have signed the petition, and the number continues to grow.  The petition delivery will be at 4:15pm sharp, at the Smith Street entrance to the State House.

The current 38 Studios bailout is unpopular, as the 38 Studios deal was from the beginning.  Although the petition against the bailout was put together by Occupy Providence, which has been protesting against the planned 38 Studios bailout for over a year, there are many other groups opposing the bailout across the political spectrum.  The libertarian-leaning Stephen Hopkins Center for Civil Rights and Occupy Providence jointly sponsored a debate about the bailout (available on video).  Although many of the leading bailout advocates were invited to appear on the debate panel – Gov. Lincoln Chafee, Treasurer Gina Raimondo, the RI Economic Development Corporation, and Moody’s bond-rating agency – none chose to take part in this open debate, although they are frequently quoted in the media where they don’t have to confront the arguments of leading bailout opponents.  Now, even those who have sympathy for the bailout have been pointing out that the case for a bailout is problematic.

Rhode Islanders who oppose the bailout can sign the petition and, if they like, attend the State House petition delivery rally at 4:15 Monday.   The RI House will be voting soon on a budget that includes 38 Studios bailout money, but many state legislators are committed to voting against the budget until the bailout money is removed.  State House leaders traditionally try to finalize everything about the budget in one night’s marathon House session, and that session is scheduled for this Tuesday.   However, the 38 Studios bailout is unusually contentious and controversial, involving years of major expenses, and whatever happens in Tuesday’s session, there is a good chance that Rhode Islanders will be continuing to fight this bailout well past Tuesday.  The online petition will remain open for signatures during and after this year’s budget process.

Summer scup fishing under the Newport Bridge

Even on the summer solstice, there is rarely a Jamestown resident at Taylor Point, sometimes called “pew view” because of its proximity to the sewage treatment plant. But it’s one of the more popular fishing spots for those who come to Conanicut Island  from the mainland.

The Newport Bridge from Potter Point.
The Newport Bridge from Potter Point.
A man casts from the rocks.
A man casts from the rocks.
He's happy about his scup.
He’s happy about his scup.
Casting towards Gould Island.
Casting towards Gould Island.
Scup at sunset.
Scup at sunset.
Watching a tanker go out to sea.
Watching a tanker go out to sea.
Tanker under the Newport Bridge.
Tanker under the Newport Bridge.
Going out to sea.
Going out to sea.

Prov City Council votes to divest from fossil fuels


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providence chity council president meme

In a victory for the national movement urging colleges and cities to divest from fossil fuels, the Providence City Council voted this Thursday to divest from the fossil fuel industry. The resolution, introduced by Council President Michael Solomon and Council Majority Leader Seth Yurdin, commits the city to divesting its assets from the top 200 fossil fuel companies because of the industry’s contribution to the climate crisis.

“The Council has a moral obligation to ensure that no public money is being used to promote industries or practices that harm the health and well-being of the people of Providence,” said Yurdin. “Fossil fuels are a major contributor to rising amounts of carbon dioxide, and global warming is already approaching dangerous levels.”

With this resolution, Providence joins 15 other municipalities –including Seattle, San Francisco, and Madison– as well as 6 colleges that have already pledged to divest. Amongst the cities, Providence is the first state capital and the largest east coast city to divest.

Abel Collins, manager of the Rhode Island Chapter of the Sierra Club, celebrated the council’s decision. “Cities around the country will follow the leadership of Providence, the schools of the city too. In the process, more people will be educated about the danger posed by the fossil fuel industry, and perhaps even the political will to deal with the problem in Washington will at last be found. The City Council should be applauded for being on the right side of history.”

At the vote on Thursday, a group of Rhode Island climate activists rallied outside the council chambers in City Hall to show their support for divestment. The group, called Fossil Free Rhode Island (FFRI), is calling for divestment of the state, as well as all Rhode Island municipalities and public universities. To date, Fossil Free Rhode Island has collected over 400 petition signature in support of divestment, and has received the endorsement of a number of local business and nonprofits, including the South-East New England Program of the American Friends Service Committee (AFSC-SENE). FFRI is part of a national fossil fuel divestment campaign that has spread to over 300 colleges and 100 cities, states, and religious institutions over the last 9 months.

“The growth of the national Fossil Free movement has been incredibly quick, and the victory in Providence will inspire the divestment movement at Rhode Island’s colleges. Divesting from fossil fuels is crucial for institutions truly dedicated to providing their students with a sustainable future.” said Peter Nightingale, a professor at The University of Rhode Island and a member of Fossil Free Rhode Island.

(The material presented above is from a press release issued by Fossil Free Rhode Island yesterday. For the resolution of the Providence City Council follow this link.)

Harrington Hall bathrooms not ADA compliant


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As the legislature considers investing $600,000 in Harrington Hall, the overnight shelter in Cranston, it’s worth pointing out that the conditions there are not only deplorable, they are also illegal.

In November, when I spent the night at the homeless shelter, I learned that the showers are not handicap accessible. According to the Americans with Disabilities Act, all “places of public accommodation” (even privately operated hotels) must have handicap-accessible bathing facilities “whenever typical inaccessible units are provided.”

As you can see by this picture of the shower facility at Harrington Hall, it’s not only pretty nasty, there also isn’t a safety bar:

The shower at Harrington Hall.
The shower at Harrington Hall.

The problem was explained to me by a homeless man, confined to a wheelchair, who has been staying at Harrington Hall for five years.

I slept at Harrington Hall as part of my Homeless Like Me project. It’s really worth reading my post about it.

Here are some more pictures of Harrington Hall:

Joe Borrasi reads by the light of a soda machine at Harrington Hall.
Joe Borrasi reads by the light of a soda machine at Harrington Hall.
Harrington Hall at 7am Saturday morning.
Harrington Hall at 7am Saturday morning.
Harrington Hall at 3am Saturday morning. (Photo by Bob Plain)
Harrington Hall at 3am Saturday morning. (Photo by Bob Plain)
Harrington Hall
Harrington Hall

Pension report: facts are right, big picture is wrong


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hiltonsmithThe Economic Policy Institute has release a short issue brief on the Rhode Island Retirement Security Act (RIRSA) by Robert Hiltonsmith that manages to get all of the details right but the big picture entirely wrong.

The EPI Issue Brief details the differences between the retirement system for state workers before and after the passage of RIRSA as accurately and clearly as I have ever seen. Mr. Hiltonsmith has done a notable job explaining the differences between the new system and the old system.

The brief, unfortunately, fails by engaging in two common fallacies to support its broader conclusions. The first is the straw man fallacy. Mr. Hiltonsmith takes a limited set of the objectives of the entire RIRSA legislation and says defined contribution plans do not meet those objectives. That is true, but ignores the other objectives it does accomplish which were also part of the motivation behind RIRSA. The second is circular reasoning. In this case, Mr. Hiltonsmith states that the reason for a low funding ratio is because the state did not put 100% of its paper liability into the pension fund. This is a tautology and not in dispute and should not be trumpeted as a conclusion of analysis.

Here are his three main points that he believes makes RIRSA a bad policy:

  1. The defined contribution plan does not save the state money from its annual pension contributions.
  2. The defined contribution plan is likely to earn lower returns and therefore result in lower benefits for retirees.
  3. The defined contribution plan does not solve the low funding ratio of the pension plan which exists because law makers did not make required contributions.

Of course, the defined contribution portion of RIRSA was not in place to do any of these three things. The purpose of including a defined contribution plan in the new state pension system is to create stability in annual budget allocations and avoid locking the government into promises it has demonstrated it fails to keep. Defined benefit plans require the state to change pension contributions when there are market fluctuations and leads to anti-cyclical costs, where the state is forced to put substantially more resources into pensions when revenues are lowest and spending on social welfare is most important. The defined contribution plan keeps the payments required by the state consistent and highly predictable. This is far preferable from a budget perspective.

It is unfortunate that there are lower returns to defined contribution plans which may lead to a decrease in overall benefits. It is my opinion that the unions in Rhode Island should be pushing for a substantially better match on the defined contribution portion of their plan that more closely resembles private sector match rates. This could more than alleviate the difference in benefits while maintaining the predictability, for budgeting purposes, of the defined contribution plan. I doubt this policy would have much hope of passing while Rhode Island slowly crawls out of a deep recession, but it is certainly a reasonable matter for future legislatures.

There are only two ways to decrease the current pension fund shortfalls: increase payments to the fund or decrease benefits. There is no structural magic sauce to get around this. Structural changes in the pension system are aimed at reducing the likelihood that the state will reproduce its current situation, with liabilities well outstripping funds. It is true that the “savings” largely came from cutting benefits. I have not heard anyone claim otherwise. The only alternative was to put a big lump sum into the pension fund. That clearly was not a part of RIRSA.

It is absurd to judge RIRSA on the ability of defined contribution plans to achieve policy objectives that are unrelated to the purpose of this structural change.

Perhaps the most troubling conclusion of this brief was that,

The shortfall in Rhode Island’s pension plan for public employees is largely due not to overly generous benefits, but to the failure of state and local government employers to pay their required share of pensions’ cost.

I read that and expected to see evidence of skipped payments or a discussion of overly ambitious expectations for investment returns, etc. Instead, it seems that this conclusion is based simply on the fact that the benefits in Rhode Island were not deemed outrageously large, and therefore Rhode Island should just pay the liability hole. The “failure” here is predicated entirely on the idea that the pensions as offered should be met, period, whatever the cost to the government. This is the “required share”. Which, of course, is technically true without a change in the law, but feels disingenuous. It is essentially a wholesale agreement with the union interpretation of the state pension system as an immutable contract. The courts will likely resolve whether or not this is true. My objection is that Mr. Hiltonsmith makes a definitive statement on this rationale without describing it. In such a lucid description of how the retirement system has changed, it seems this could only be intentional omission intended to support a predetermined conclusion rather than illuminate the unconvinced.

Mr. Hiltonsmith also claims that, “Over the long term, RIRSA may cost the state upwards of $15 million a year in additional contributions while providing a smaller benefit for the average full-career worker.” I am not 100% certain, but based on his use of the normal cost 1 to do these calculations, it appears this conclusion is drawn only based on the marginal contributions to current employees. In other words, if we completely ignore the existing liability, the new plan cost the state more money marginally while potentially decreasing benefits for employees. It is my opinion that Mr. Hiltonsmith is intentionally creating the perception that RIRSA costs more than the current plan while providing fewer benefits. Again, this is true for future liabilities, but ignores that RIRSA also dramatically decreased the unfunded liabilities through cutting existing retiree benefits. So the overall cost for the act is far less, while the marginal cost was increased with the objective of decreasing the instability in government appropriations.

We can have a serious debate about whether there is value in the state goals of a defined contribution plan. In my view, the purpose of switching to this structure is about:

  1. Portability of plans for more mobile workers, potentially serving to attract younger and more highly skilled employees.
  2. Stability in government expenditures on retiree benefits from year to year that are less susceptible to market forces. This includes avoiding the temptation to reduce payments when there are strong market returns as well as the crushing difficulty of increasing payments when the market (and almost certainly government receipts) are down.
  3. Insulating workers from a government that perpetually writes checks they can cash, as was the case with the current system.

This paper does not address any of these objectives or others I might have forgotten. In essence, the brief looks at only one subset of the perceived costs of this structural change, but it is far from a comprehensive analysis of the potential universe of both costs and benefits. In fact, it fails to even address the most commonly cited benefits. That is why I view it as heavily biased and flawed, even if I might draw similar conclusions from a more thorough analysis.

Reports say pension cuts could cost state more money


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Gina Raimondo, Linc Chafee and Allan Fung at the unveiling of the Truth in Numbers report.
Gina Raimondo, Linc Chafee and Allan Fung at the unveiling of the Truth in Numbers report.

Two new reports from the progressive Economic Policy Institute will likely raise three important questions as the state meets in mediation with the labor unions over pension cuts: was the process fair, were RI retirement benefits out of line with other states and did the effort even save the state money?

“Hopefully will make any other state considering cutting their pension think twice,” tweeted anaylst/ author Robert Hiltonsmith today after EPI released his: Rhode Island’s New Hybrid Pension Plan Will Cost the State More While Reducing Retiree Benefits.

Hiltonsmith is a policy analyst for Demos (website / twitter handle).

In the report, he writes:

“Over time, RIRSA will likely lead to a gradual improvement in the Rhode Island pension funds’ funding ratio. However, this improvement can, on net, be entirely attributed to the increase in the retirement age and suspension and reduction of COLA benefits. The change in … plan actually increases costs to state and local governments and taxpayers while making retirement incomes less secure…

Further, the accounts’ exposure to market risk creates the possibility that many individuals’ retirement income will be significantly lower than average.”

In the other paper, Truth in Numbers? A Brief History of Cuts to the Employees’ Retirement System of Rhode Island, Monique Morrissey (site and if you find her on Twitter let me know and I’ll add it) similarly writes that the new “hybrid plan costs taxpayers more than the old system despite providing a less valuable and less secure benefit to workers.”

Both economic analysts also highlight fairness issues with regard to pension politics.

“The shortfall in Rhode Island’s pension plan for public employees is largely due not to overly generous benefits, but to the failure of state and local government employers to pay their required share of pensions’ cost,” Hiltonsmith writes.

He goes on:

The normal cost3 of providing benefits under the old ERSRI system was, on average, 11.4 percent of employees’ salaries (GRS 2011a), of which employees paid a flat rate of 8.75 percent and state and local governments together paid 2.64 percent. However, because of the large hole in the system’s finances, Rhode Island state and local governments combined contributed over $300 million in 2010 in total to the teachers’ and state employees’ pension funds, which is equal to 19.5 percent of employees’ total salaries that year.

Taken together, these findings suggest that the shortfall in Rhode Island’s pension plan for public employees is largely due not to overly generous benefits, but to the failure of state and local government employers to pay their required share of pensions’ cost.

And in her paper, Morrissey writes:

Rhode Island was slower than most other states to fund its pension system. As a result, the Employees’ Retirement System of Rhode Island (ERSRI) had a shortfall even at the peak of the dot-com bubble, despite providing relatively modest benefits. Indeed, workers—many not covered by Social Security—contributed more toward these benefits than their counterparts in other states.

Rhode Island was slower than most other states to fund its pension system. And though workers shouldered most of the cost of current benefits, employers failed to pay their full (smaller) share. As a result, ERSRI had a shortfall even at the peak of the dot-com bubble. Thus, despite a relatively low normal cost of benefits, the total employer contribution for ERSRI was nevertheless large because it had to cover a large unfunded liability. In 2005, the ERSRI funded ratio—the ratio of the actuarial value of assets to the actuarial accrued liability—was 56.3 percent for state employees and 55.4 percent for teachers (GRS 2006). This resulted in amortization rates—the amount (expressed as a share of current payroll) needed to gradually pay down the shortfall—of 19.3 percent for state employees and 20.4 percent for teachers (GRS 2006).

The challenge of paying off this legacy cost was complicated by demographic trends. Rhode Island was one of only two states (the other being Michigan) with stagnant or declining populations between 2000 and 2010 (author’s analysis of U.S. Census Bureau 2011). The public-sector workforce was also shrinking and aging, so there were fewer than 150 active public-sector workers per 100 public-sector retirees in 2005, compared with an average of around 270 workers per 100 retirees for plans in the Public Plans Database (author’s analysis of CRR and CSLGE 2005). Because the amortization rate is conventionally expressed as a share of current payroll, a shrinking workforce can lead to a higher amortization rate even if costs are not rising. This is misleading, because all else equal, a decline in current obligations makes paying down unfunded liabilities easier, not harder.

RI’s class system of extra-budgetary pay priorities


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state house francis streetNot only do Rhode Island lawmakers often embed policy proposals into the state budget, they also sometimes embed budget proposals into other areas of state law. The Ocean State is infamous for having the only law that in the nation that guarantees Wall Street gets paid before retirees, but we also have a law that places payments to retirees’ above other communal concerns.

Here’s what the Providence Journal reported Wednesday about a little-discussed law:

Union officials lobbied from the sidelines for the state to make good on a promise made after the state’s 2011 dramatic pension overhaul froze cost-of-living increases to Rhode Island’s retired public workers until the fund is in better financial shape.

The law required that any state money that comes in — over and above the state’s official revenue estimate — go into the state pension fund. This year that would have totaled $12.9 million. But Chafee sought to eliminate this provision, and carry the money forward into next year’s budget.

To the dismay of the unions, the lawmakers agreed, prompting this response from J. Michael Downey, president of Council 94, American Federation of State County and Municipal Employees: “Shortchanging employees’ pensions, while taking care of Wall Street bondholders and restoring tax credits, is immoral.”

I would agree with Downey’s moral compass on this one. It is immoral to shortchange middle class retirees and not companies. Similarly, I feel it is immoral to shortchange the homeless and struggling cities and towns while taking care of middle class retirees.

Whether either scenario is financially advantageous to the citizenry is another matter altogether. I would argue deciding whom to take care of and whom to shortchange based on such rationale is what makes it immoral. Not that we don’t have to make immoral decisions sometimes, we should just recognize it isn’t necessarily benevolent. In other words, we have no moral obligation to be prosperous, but we do have a moral obligation to do the greatest good for the greatest amount of people. Intentionally obfuscating these two often competing values is very immoral, by the way.

To my way of thinking, Rhode Island’s economy would be better served if we ended homelessness than if we fully funded our pension system. I also think we have a higher moral obligation to end homelessness than to fully fund pensions. Similarly, it may be true that our economy would be better served if we fully funded our pension system than if we fully funded our debt obligations. But I’m certain we have a higher moral obligation to fully fund commitments to people than to credit markets.

Now some may agree with my economic and moral theories, and they may be right to do so. And what makes the most moral and/or economic sense at one time might not be the best decision at another time. That’s why it’s bad policy for state lawmakers to codify outside of the annual budget process a class system of financial obligations.


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