The warped politics of a 38 Studios default


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38_Studios_LogoRhode Island’s politics are often pretty messy. But with the 38 Studios bonds, they party lines are crystal-clear. There’s a pro-default party and there’s an anti-default party.

I’m am clearly on the anti-default party. I think it tends to be a more coherent; it’s solely about protecting Rhode Island’s credit rating. There’s a lot of bull about “protecting bondholders” and backing Wall Street, but I think the anti-default party couldn’t care less about protecting Wall Street wankers and are thinking that in the event we ever need to borrow again (which is a pretty common -and popular- request of voters on Election Day), we should do so with the best interest rates possible.

The pro-default party is less coherent. My favorite argument so far is the belief in the kinda-smart investor, as proposed by Justin Katz:

What if the state of Rhode Island went out to sell general obligation bonds and set its own terms for the debt?  Maybe Moody’s and S&P would call the bonds junk, but that would simply be a lie.  Backed by the full faith and credit of the state, with the express approval of the voters, the bonds would be as good and as safe a bet as if 38 Studios had never happened.

Are we to believe that the state couldn’t find enough investors who are sufficiently savvy to identify how badly rated the bonds are and to ignore the agencies?

Here’s the thing – the investors Katz has proposed are savvy enough to ignore the credit ratings of the bonds, yet not savvy enough to realize they stand to gain far more by getting the high-interest yield that junk bonds provide. Why buy these bonds when the interest could be much higher? I should walk my abuse of them for saying this, but the investors in the 38 Studios bonds were actually pretty smart. No matter what happens, they get their cash back. By the way, here’s the 10 companies who hold 90% of the bonds.

The left-wing pro-defaulters are more about refusing to dance to the whims of the credit ratings agencies and Wall Street – though I think it also assumes Katz’s magic investors as well. And while I think the impulse to defy Wall Street is admirable, we lack the economy, the population size, and the power to do so.

I’ve arrived at the same conclusion as Bob Plain, conservatives don’t actually care what happens in a default. But this applies to all of RI’s conservatives, Democrat and Republican. Either way a default plays out, it’s a win for them. If there are no substantial penalties, then they were right. If they’re wrong, then the inability of Rhode Island to effectively borrow achieves a long-standing goal for the “starve the beast” crowd. RI budgets couldn’t rely on any borrowing. A greater share of the budget going to service on interest payments means less money spent on social services – which means drastic cuts to programs and government payrolls.

Pro-defaulters are fond of saying the anti-defaulters are kowtowing to Wall Street, but the kind of budget RI would have to implement across the state should there be a default would undoubtedly make conservatives and the credit ratings agencies leap for joy. We’d probably see a budget that did more and more to favor the rich while cutting assistance to the poor. And we only need to look at Greece or Spain for the types of austerity Wall Street would like to see imposed on us.

However, pro- and anti-default are not the only type of political parties we have here in Rhode Island. That’s part of what makes 38 Studios so unique, it was a bipartisan screw-up. It was hatched by a Republican governor, a Republican businessman. It was enabled by a Democratic-led General Assembly. A Republican-led EDC signed off on it. And an independent administration failed to provide proper oversight.

The man who seems to have the cards in his hands right now is Speaker of the House Nicholas Mattiello. The question is how serious Mattiello is about his bipartisan budget. If Republicans follow House Minority leader Brian Newberry’s old advice of using 38 Studios against Democrats in 2014, they’ll have to vote against any budget containing service on the 38 Studios debt. Otherwise, they’ll undercut the argument that Democrats’ responsibility for 38 Studios has led to these straits. Right now they have a pretty decent narrative of “Democrats are in charge right now, so 38 Studios belongs to the Democrats.” They vote for service, they lose the ability to say that.

Mattiello (and Newberry) also has to realize that 38 Studios is a really good argument against incumbents; especially any incumbent who voted for giving the EDC the money it used for the 38 Studios deal. At this point, incumbents have already weathered one campaign with 38 Studios looming over their heads, but a default would really be bad. The status quo of payment for 38 Studios is painful for the state, but bearable. Default would be a massive blow to Rhode Island. It might spur a large-scale primary challenge to Democratic candidates, and rally independent and Republican candidates for the general election.

Since even with that, it’s likely Democrats will hang on to power, implementing a Wall Street-spurred austerity budget would shift more momentum to the Republicans. Regardless of the economic policies of the opposition party, voters tend to vote them in. I think a best-case scenario for Republicans would be ending the veto-proof majority of Democrats; given the strong partisan preference of RI voters for Democrats and the RI Republican Party’s own ineffectiveness.  But with a Republican governor, that might well be enough to implement their policy preferences, especially if bolstered by support from the conservative faction of Democrats.

So defaulting on 38 Studios isn’t just bad policy for the state; for the Democratic Party it’s also bad politics. I’d hope the Democrats realize this, and take their lumps from 38 Studios.

Chafee blasts Block and Fung ‘unfit to be governor’


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chafee_bryantGovernor Linc Chafee has long been the staunchest critic of the 38 Studios loan. He’s also one of the biggest critic of not repaying it.

Today he blasted Republican gubernatorial candidates Ken Block and Allan Fung for suggesting the state shouldn’t make payment on the moral obligation bond to service the 38 Studios loan debt.

Here’s the governor’s statement in its entirety:

The candidates who can’t understand these two obvious truths are unfit to be Governor. The consequences of default would place Rhode Island as one of the lowest state bond ratings in the nation, and the industry would reduce Rhode Island to ‘junk bond’ status. We have been told in no uncertain terms that the reaction to not paying our debt obligations will be severe and have an adverse impact on Rhode Island. In addition, failure to honor our obligations could have harmful effects on the pending lawsuit.

The push by Allan Fung and Ken Block to default is disheartening. We hear from them populist rhetoric that lacks any empirical research or credible support. Common sense dictates that you pay your debts however distasteful.

From the beginning, I have been the most vocal and strongest opponent of the 38 Studios deal. In the summer of 2010, I was denied access to a Rhode Island Economic Development Corporation (now called Commerce RI) meeting where I hoped to speak and state the case on behalf of Rhode Islanders on why this was a bad investment.

Earlier today, I wrote that the Republican candidates for governor have political motivation to not make the payment. Yesterday, Sam Howard wrote that it should be repaid regardless of how bitter the pill.

The state owes $12.5 million on the moral obligation bond to pay for the 38 Studios loan. Because it is a moral obligation bond there are no legal ramifications to default, though there are likely to be fiscal implications. The General Assembly could not include the money in its budget. So, in effect, the state legislature gets to decide the fate of the state’s credit rating during its annual budget process this year.

Senate President Teresa Paiva Weed supports making payment on the bond and House Speaker Nick Mattiello has not yet committed.

Why conservatives play fast and loose with RI’s credit


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Don Carcieri
Don Carcieri

Don Carcieri’s epic economic fail of investing in 38 Studios may have a silver lining for the local conservative movement he once led. And both Republican candidates for governor are for it, while the Democrats are opposed.

The Providence Journal points out that gubernatorial candidates are split along party lines when it comes to repaying the 38 Studios bond.

Allan Fung said the warnings from Wall Street about fiscal repercussions are overstated and Ken Block, who never met a opportunity to issue a press release he didn’t exploit, railed against “the threats coming from Wall Street insiders of dire consequences for the state if they fail to make good on the 38 Studios bond,” according to the ProJo. Leading Democratic candidates were equally united that the bond should be repaid and Sam Howard wrote about why the bond payment should be made in a post yesterday.

Rhode Island owes $12.5 million on the bond we floated to loan Curt Schilling $75 million to move his unproven and ultimately unsuccessful video game company here from Massachusetts – an economic growth strategy birthed by Don Carcieri, the last politically powerful Republican in Rhode Island. The gamble failed in spectacular fashion when 38 Studios went bankrupt in 2012. Because we took a moral obligation bond rather than a general obligation bond, there is no legal responsibility to pay the bond, though not paying would likely make future borrowing more expensive.

That may be a bad outcome for Rhode Island, but that’s not necessarily a bad outcome for the Grand Old Party in Rhode Island. Best known for espousing 40 years of Democratic failure and seeking to shrink the size of government, damage to the state’s credit rating as a result of not paying the 38 Studios bond would serve both these conservative political objectives. It would also make it more expensive to repair aging infrastructure, which would give the construction industry a nice boost. These are policies pushed by local Democratic candidates that Republicans generally don’t care for.

Rhode Island is the only state in the nation with a law that stipulates bond holders will be paid prior to other obligations when it comes to municipal financing. The general assembly passed that law at the expressed interest of protecting city’s and the state’s credit ratings. Maybe the General Assembly should consider legislation that would prevent Republicans from damaging our credit rating too?

38 Studios sucks, but we need to pay the bill


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MoodysLet me ad some very insightful commentary on the whole 38 Studios saga: it sucks.

It sucks that much of the legislature feels they were conned into providing the cash for the deal. It sucks that Don Carcieri would recruit Schilling to bring his company here. It sucks that anyone in the then-EDC would believe it was a worthwhile deal. It sucks that we’d invest so much money in a long-shot product. It sucks that 38 Studios collapsed, mainly due to sucky management. It sucks that there was little oversight from the state on 38 Studios, despite being a major investor. It sucks that we’re repaying the investors who were already insured in case of 38 Studios’ failure. It sucks that the state used a “moral obligation” bond rather than a “general obligation” bond to provide the money, and to circumvent voters. It sucks that all of Rhode Island’s credit is being threatened by ratings agencies if the General Assembly chooses to default on the repayment. It sucks that the ratings agencies are ignoring the law that’s very clear that we don’t have to repay.

But with all that out of the way, let me tell you that it doesn’t matter how much it sucks. What matters is that it’s happened. Commentators and politicians can cry and moan about the unreasonableness of this all; about how the ratings agencies are being unnecessarily punitive, about how the bond yields took into account the chance of default, about how the investors will get all their money back through insurance, etc., etc. All of that is crying over spilt milk. Now it’s up to us to act like adults and clean it up.

In the complaints against repayment, you can see a lot of how people wish things were. Unfortunately, Rhode Island doesn’t exist in a land of make believe. It exists in the here and now. At the end of the day S&P, Moody’s, and Fitch (the big three credit ratings agencies) don’t play by the rules Rhode Island sets. These are the same agencies that were vital in enabling the existence of toxic assets that fueled the Great Recession and got away scott free. These are agencies that determine the borrowing ability of sovereign nations. Rhode Island, which lacks many of the tools sovereign nations have to blunt the damage from traumatic downgrades of our bonds, cannot go up against them and win.

Were we perhaps the state of New York, and could make life miserable for the ratings agencies, I would be more bullish about our chances of taking them on. If RI was the United States of America, which is impervious to ratings agencies at the moment, I would say go ahead and ignore them.

But we’re not. The very same people calling for us to default are the same people who go around decrying our flaws. They’re the ones ignoring that the ratings agencies can make or break us. It’s awful that we have to kowtow to the whims of these idiots, and the idiot investors who put money into the 38 Studios bonds. But these are the idiots that set the rules for Rhode Island, not the other way around.

To those of you looking to right this injury, I say “forget it, Rhode Island. It’s Wall Street.” The best we can do is bow to circumstance, lick our wounds, and ensure that this can never, ever, happen again.

Dis-funding the Arts


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NOTE: This article has been slightly revised based on new information received.

Please pardon me if I lead with a shockingly “artistic” word that wouldn’t be printed in a family newspaper…

riscaWhat the fuck is the State of Rhode Island doing by removing the sales tax on “the arts” and then proposing to borrow $35 million to fund the arts? And why the hell is the Governor proposing to shift the Rhode Island State Council on the Arts  and the RI Film and TV office into the made-over EDC, now called the Rhode Island Commerce Department?

In case you missed it, let me give you a brief recap. During the last legislative session, the government freed citizens from the onerous burden of kicking in 7% extra on purchases of paintings, sculptures and so on. Since the whole state is now tax free, you won’t have to travel to the former tax havens of Newport, Tiverton, and Little Compton or lesser-known parts of Providence, Pawtucket, Woonsocket or Warwick to get a deal on a stainless steel mobile or a portrait of your great Aunt. (See http://www.arts.ri.gov/special/districts/)

Children look at art at the RISD Museum
You mean we don’t have to pay sales tax if we buy it?! I’ll take two!

Pop Quiz

  • How much sales tax have you spent in the last decade on the arts?
  • Would paying no sales tax have made any difference in your purchases?
  • Would you have bought more or less “art”?

So why eliminate sales tax?

The idea is that Rhode Island would become an art buying tourist destination, drawing thousands of wealthy patrons from around the globe to spend their millions here. Yes, we’ll lose the 7%, but we’d gain so much more in hotel and restaurant revenue.

Theoretically lucky artists, maids and waiters will dance in the streets filling their buckets from the rain of money showered upon them by all those wolves and wolverines of Wall Street looking to wallpaper their apartments in Dubai. I’m not going to hold my breath.

But, in the meantime, if we’re not generating revenue from the arts, where will we get state funding for the arts?

More loans from banks!

We’re going to borrow it. Yes, just like we pay for our bridges and roads, Rhode Islander’s are going to be asked to pay extra for years to come for the art that we use today.

Maybe if the $35 million was going to actually pay for new works of art, that might be interesting (as well as profitable for folk like myself), but it’s not. According to the Providence Journal, $30 million of that will be funding for “public and non-profit cultural and performance centers” like Trinity Rep. The last $5 million will go to fund historical sites and cultural centers. I like Trinity. I like historical sites. That’s not arts funding.

The Governor also proposed an additional $1 million for art to come from the general revenue fund.

Will this million go to make more art? Will it go to bring more art to children in public schools?

According to RISCA, the answer is, nope.

“This $1 million in new funding does not provide additional resources for grants to artists, arts organizations or schools.  The Governor recommended a hold-even budget of $590,000 in state funds in our discretionary grant category.”
—RISCA Website (http://www.arts.ri.gov/blogs/?p=11952)

Who will benefit?

Under this proposal, the former EDC, now called the Rhode Island Commerce Department, will become the administrator for the $35 million. RISCA and Film will move into the Commerce Offices and “collaborate.” (Editor’s note: here’s how Randall Rosenbaum, executive director of the Rhode Island State Council on the Arts described their proposed new relationship on Twitter today and here’s how he describe it in a blog post recently.)

According to the Governor, this will “synergize and enliven the state’s creative apparatus.” Furthermore, Chafee said, “the Commerce Corporation will be a valuable tool for organizing customized programs for the arts: design shops, historical sites, intellectual property producers, all of which drive so much of our economy.”

We’ve seen how great the EDC has been at disbursing creative funds that generate jobs so far (See 38 Studios). I can only imagine how much better the arts will be when fully “synergized”

To recap the entire process as proposed:

  1. No revenue generated for the State by sales tax on “Art.”
  2. $35 million more in debt acquired by the State.
  3. Money for established organizations, tourism and historical sites buried in a bill for “arts.”
  4. The responsibility for administration of a that $35 million bond is under the aegis of the Department of Commerce.
  5. An unfunded promise of $1 million for the arts that doesn’t go to support art, artists or arts in education

So, who really wins?

  • Anyone who buys buy expensive art and pays no sales tax (see: rich people)
  • Banks that get more income from bonds (see: rich people)
  • The Department of Commerce — whatever that is.
  • But you and me? Naaah.

Who loses?

  • Artists, who continue to struggle to make a living with possibility of real government support.
  • Children who spend more time working on mindless tests and only get a taste of “art” as an extension of “business.”
  • Taxpayers who pay extra money for loans.
  • The entire State of Rhode Island, because art that serves business is called advertising and art that serves government is called propaganda.

What can we do?

  • Do call Your Senator, Rep and the Governor. Tell your friends.
  • Don’t vote for a bond issue to fund the arts. Don’t vote for representatives and senators who claim to support the arts but undermine it. Don’t vote for a Gubernatorial candidate who won’t make a real commitment to support the arts. Don’t vote for anyone who tells you that the business of art is commerce and business.

Oh, and instead of making a campaign contribution this month. Go out and spend a few dollars or a hundred dollars or even $1,000 on art made in Rhode Island. I can promise you that every dollar you spend will be appreciated and recycled within the community. And you’ll have something cool to hang on the wall, or read.

And maybe donate an extra 7% to a charity. Rich people might not be able to afford it, but you can.

38 Studios: The gift that keeps on giving to the RIGOP?


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newberry
Rep. Brian Newberry (R – N. Smithfield)

House Minority Leader Brian Newberry is suggesting that the need to pay $12.5 million each year for the next decade is going to be a political winner for the RI Republican Party. The thinking, as Newberry explained to me on Twitter, is that legislators who are held relatively blameless for spending the money in 2010 will be judged by their votes in 2013 and 2014; going into November 2014, General Assembly members who voted “Aye” twice are going to have spent $15 million of the state’s money to pay back bondholders who were already covered with insurance in the event of 38 Studios going bankrupt and the State refusing to pay.

The problem with default is that Moody’s has actually threatened Rhode Island that the rest of its bonds will suffer should it choose to utilize the insurance option. Given that we can’t find anyone (except Ted Siedle) to study the impact of default, I still think we should take Moody’s at their word. After all, we have Lehman Brothers as proof that they’re stupid enough to do it.

But I think Newberry is wrong when he says that 2014 will be the year that the Republicans ride 38 Studios to victory. First, it assumes that the General Assembly passes nothing that might buoy the incumbents’ popularity in 2014. Second, just because someone hates their current Democratic representation doesn’t necessarily mean they want a Republican instead.

We’ve had scandals in the past that brought down Democratic leadership; only to have it replaced by another set of Democratic leadership (scandal used to be the typical method of succession among Speakers of the House). The Republican caucuses in the GA are small enough that they skew rightwards, and if you only look at the population of the places they’re from (not their districts represented) they come from towns that make up less than a third of all Rhode Islanders, mostly more rural and suburban areas. When close to 6 out of 10 Rhode Islanders live in an urban area, I simply don’t see how Republicans are supposed to appeal to these voters with the flagship policies pushed by their current legislators.

But beyond that, Republicans are also to blame for not being great enough critics of the deal at the time. Going into the 2010 election, 38 Studios was an unpopular deal with voters, and had Republicans wanted, they could’ve assaulted the Democrats for it. Except that that would’ve entailed going after Gov. Donald Carcieri, who was the leading shepherd of the deal as well as ignore that its primary beneficiary was Republican Curt Schilling, baseball hero.

38_Studios_LogoThe problem is that 38 Studios is a bipartisan boondoggle. The money was appropriated by Democratic and Republican legislators to be given by a Republican governor to a Republican businessman (I use that last term loosely). There’s an old saying, “an ounce of prevention is worth a pound of cure.” That’s the situation legislators find themselves in. What gets people riled up is that the deal should not have happened. Now that 38 Studios has gone belly up and the bill has arrived on our doorstep the subsequent vote each year for funds isn’t going to be a referendum on whether you support the original deal. It’s whether you think Wall Street is bluffing or not, and whether Rhode Island can afford to take the risk to find out.

So 38 Studios isn’t a hammer for the Republicans to use against the Democrats. It’s a sickness in the state budget that politicians on both sides are going to have to figure out what the appropriate cure for it is.

Why the budget process was different this year


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state house francis st lawnLast week’s budget debate in the House was inspiring, although the horse-trading and the outcome were disappointing. Normally the budget sails through the House; no one wants to risk the wrath of the House leadership by opposing it. It really takes guts to go against the grain; those doing so risk the loss of significant committee memberships, sponsored legislation, etc.

This year was different.

In total, 20 representatives voted against the budget, almost enough to defeat it (the vote was 52Y-20N-3NotVoting; 2/3 are needed for passage). Reps. Chippendale, MacBeth, O’Grady, Tanzi, Tomasso, Valencia and many others voted ‘nay’; look here for the complete voting record. [Disclosure: I ran against Rep. MacBeth in 2012.]  Possible backlash from the leadership includes the sinking of Valencia’s voter ID bill.

Also on the less-than-inspiring side there was still significant back-room horse-trading going on. It looked like there were enough votes to kill the budget two days before debate began. However, things then started to change. Leadership started to throw goodies to representatives in exchange for their votes.

In particular, note that tolling on the new Sakonnet bridge is now supposed to be postponed for months, mainly at the behest of East Bay and Northern Aquidneck representatives. The toll for a typical commuter was to be $0.75 one-way; this is much less than a $2.00 RIPTA bus ticket on any route. And for this alleged-deal a bad budget for the whole state passed the House. (There are other arguments both for and against the tolling.)

There were good speeches on both sides of the most-discussed issue, 38 Studios bonds repayment; most of the well-known pros and cons were discussed, and then some. There were other good reasons given for ‘nay’ votes, including built in structural deficits in succeeding budgets and inadequate contributions to the state pension fund in the case of lower than projected investment returns.

Other problems with this and other recent budgets: cuts are made on the backs of those voters least able to absorb them; RIPTA is inadequately funded; and little is provided to fix and maintain the state’s decrepit infrastructure. Rhode Island needs more revenue, spelled: “t-a-x-e-s.” There were two bills this year which would have partially-reversed the tax reductions for the wealthy that were granted over the last 15 years; the reductions hurt our economy, they didn’t help it.

While this year’s budget got some serious attention at the very end of the session, the public and most of the House still had little to say about it; it was business as usual. The House budget proposal should really be presented weeks if not months before the session’s end.

Probably the worst characteristic of the budget this year has little to do with 38 Studios or tolling: Rhode Island still does not have a credible policy to fix its economy.

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.

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.

House Finance okays bond payments, but maybe not


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occupy prov 38Part of the revised FY2014 budget passed by the House Finance committee last night includes the first payment ($2.5M) to cover the 38 Studios’ default. This payment will not actually be made until May, 2014.

However, future payments are not guaranteed, so quite possibly this might be the last payment made by Rhode Island. Perhaps the Assembly could even de-appropriate the May, 2014 payment earlier in next year’s session.

The proposed budget also includes $50K for a study of the consequences of non-repayment. This is both wise and affordable.

While many will lament Rhode Island paying anything, on the bright side  making the payment and conducting an in-depth study gives everyone a chance to think long and hard about what is best to do, and not to make a hasty decision. The committee’s actions should also help to assuage Moodys a bit; we’ll find out soon.

Moody’s to Rhode Island: protect stupid investors


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MoodysMoody’s (the Wall St. ratings agency) has downgraded the R.I. Economic Development Corporation bonds that funded 38 Studios; and has issued further warnings that the rest of Rhode Island’s bonds are under review, what WPRI’s Ted Nesi called a “sharp rebuke” to the state. The threat is loud and clear: fail to pay bondholders for 38 Studios, and we will damage your credit. In this way, it fulfills prophesies that Wall Street would look to make an example out of Rhode Island should the state not pay back the bondholders.

But the downgrade is nonsensical, and mainly continues to demonstrate why trusting ratings agencies remains a terrible idea in this post-economic crisis world. The New York Times‘ quantitative geek Nate Silver pointed this out when Standard & Poor downgraded the United States’ credit rating: ratings agencies are very bad at predicting what will happen, which is ostensibly what a rating should be. The credit rating on the 38 Studios bonds should’ve already reflected the likelihood that the state would default on that debt; if anyone had bothered to do due diligence, it would’ve been very clear to Moody’s that that was a real likelihood.

First, 38 Studios CEO Curt Schilling was unable to secure investment from private investors, making him dependent on this cash. Second, anyone analyzing what he was attempting (building a World of Warcraft-killer) would’ve absolutely known it wasn’t likely to work out (not unless Schilling was going to switch products once he secured the $75 million from the state, and he wasn’t). Third, the deal was highly unpopular with the people of Rhode Island, meaning that in the event of a 38 Studios collapse, there would be pressure on politicians not to pay. Fourth, the state is in recession, meaning there would be increased pressure not to pay. All of these risks should have been built into the rating when the bonds were issued and thus we shouldn’t be seeing a downgrade now (the greater risk was built into the bonds via greater interest payments).

Of course, though, a smart investor would’ve seen all this and refused to touch these bonds. But the ratings agencies aren’t for smart investors, they’re for stupid investors that are easily fleeced (see; subprime mortgage crisis ratings). Which is why stupid investors will be taken in by the likely downgrade of R.I.’s general obligation debt. From a pure facts on the ground position, a downgrade there doesn’t make sense. Let’s see what Moody’s is suggesting could downgrade our debt:

* Failure to honor its legal or moral obligations to bondholders

* Mounting combined debt and pension liability burdens with no plan to address them

*Deterioration of state’s reserve and balance sheet position

* Persistent economic weakness indicated by lack of employment recovery when the rest of the nation rebounds

*Increased liquidity pressure reflected in narrower cash margins, increased cash flow borrowing, or a shift toward tactics such as delayed vendor or other payments to gain short-term liquidity relief

*Continued significant reliance on one-time budget solutions, particularly deficit financing

*Resolution of pension litigation in employees’ favor

So, Moody’s doesn’t distinguish between moral obligation bonds and general obligation bonds, making it a very unsophisticated ratings agency indeed. No one, anywhere, has suggested not paying back our general obligations. Moody’s though, prefers to dupe investors by suggesting that’s an actual possibility.

The rest is basically jargon for typical Wall Street priorities: cut the budget, cut pensions, don’t run deficits. Got it. Don’t worry, our lawmakers are mostly with you, Moody’s. Oh also, our employment issues. Well, luckily for idiot investors, our employment rate has been steadily dropping. Of course, that’s partly because many people are leaving the workforce, but such semantics shouldn’t bother a wise and all-knowing credit ratings agency like Moody’s. After all, it’s the stats that matter.

The really sad problem with all of this is that even though ratings agencies are for idiots by idiots, there’s nothing we can do about it right now. Until such a time as a ratings agency for ratings agencies comes along, a vast herd of investors will treat what a ratings agency says as Very Important, even when a ratings agency is dead wrong. Moody’s colleagues at S&P figured their downgrade of Treasury bonds would raise rates, instead it sent the safest investment opportunity in the world to record lows as frightened investors poured money into the U.S. Treasury.

These investors took a risk on the 38 Studios bonds, a risk they should’ve understood. They gambled and they lost. Some Rhode Islanders have suggested that these gamblers shouldn’t pocket anything for their failure. Moody’s has decided that means that all of Rhode Island’s debt is possibly a riskier investment than it initially thought. Why? Perhaps it’s because Moody’s seeks not to honestly rate the credit worthiness of particular instruments, but to influence policy. In which case, they appear to be in a good position to do so.

Experts weigh in: Does RI repay 38 Studios’ bond


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occupy prov 38Last week, on June 6th, both a debate and a separate hearing were held whose sole focus was the 38 Studios’ bonds’ situation. (Related posts: first, second.)

In a nutshell, my opinion is unchanged: Rhode Island should not repay the bonds. We should also outlaw such bonds. They have a shady origin (complete with a Watergate character!) and have gone downhill since then. We should use the 38 Studios debacle to clean up state finances.

Background:
There are two basic types of bonds. General Obligation bonds are fully backed by the state, including the use of its taxing authority to cover the bonds, hence the risk of non-repayment is low. In Rhode Island’s case the voters have to approve the bonds via a referendum.

The second type are Revenue bonds, issued by non-state authorities. These bonds are not guaranteed by the state. Voter approval is not needed. They are higher risk.

The 38 Studios bonds are a hybrid of General Obligation and Revenue bonds: so-called “Moral Obligation” bonds. This category of bond was devised by John Mitchell (of Watergate infamy) specifically to avoid the need for voter approval. These bonds are Revenue bonds with an ill-defined unwritten assurance by the state that it will repay the bonds in the case of the borrowers default. The state is not legally required to cover the bonds, but is expected to. Voter approval is not needed, so they are easy to issue. The risk is low, but at the same time the interest rates and hence profits for the bondholders are high. This is a win-win situation for the bondholders and the bond insurer but a burden on the issuer.

Review and comments….
The following are paraphrased versions of some of what was said at both the hearing and the debate, not necessarily in time-order. There were no common participants. Text within brackets ([  ]) are my own comments.

 ….on the hearing….
The House Finance committee heard testimony on the 38 Studios’ bonds repayment issue from (only) Matt Fabian and Lisa Washburn, both of Municipal Market Advisors. Only the committee and experts were allowed to participate. Overall the expert testimony was detailed but inconclusive.  Rhode Island’s situation is unique.  Fabian himself advised repayment, but concurred with a committee member that 20 experts would provide 20 different opinions. Actually Fabian had already talked to many experts; their opinions of the consequences of non-repayment went from: “little impact” to “catastrophic.”

Rhode Island’s market reputation and ability to sell bonds at competitive interest rates are currently good and have been getting better. Fabian’s main concern was that non-repayment would reverse these characteristics and the cost of future credit to the state would be substantially higher; these effects might last for many years. Fabian emphasized that the market and ratings agencies would consider anything other than full repayment a default. Another possible outcome of non-repayment, though unlikely, is that the market would make an example of Rhode Island, punish it, and severely reduce its ability to borrow.

The effect of non-repayment on future Rhode Island borrowing varies on the type of the bond to be issued. The interest rates of new moral obligation bonds are likely to be extremely high, possibly even making them unsellable. [To me, the latter is a plus.] However, the effect on the state’s general obligation bonds would be much less, perhaps an increase of 0.5% to 1% in interest for many years. [It also might be possible to refinance the bonds at a lower interest rate after their issue, reducing the negative fiscal impact of non-repayment.]

Fabian recommended that Rhode Island make its repayment decision carefully and slowly. This would reduce any negative results if it decides against full repayment. Also, an in-depth market study might help Rhode Island make its decision to repay or not. However, just conducting a study might make the market nervous; thus, negative repercussions could occur even before a study is completed and a repayment decision made.

When the 38 Studios’ bonds were issued an insurance policy was purchased providing for full payment of both the principal and interest by the insurer to the bondholders in the case of default. Many Rhode Islanders say that the insurance pay-out will keep Rhode Island from having to repay anything and the bondholders will lose nothing. However, the insurer will likely use all available means to keep from paying, including legal, political and media attacks. It might be messy, last a long time and result in a significant decline in Rhode Island’s reputation in the bond market. One way to avoid this mess would be to make a compromise with the insurer and only make a partial repayment. The insurer would likely be willing to work with the state to do so, and Rhode Island would suffer less.

….and on the debate.
The debate was moderated. The panel included academics, bond market experts, an independent policy advisor, and a citizen advocate who might be directly affected by the outcome. The audience was allowed to participate. On the whole, predictions of what would happen upon a non-repayment were less dire than at the hearing.

The debate covered a lot of the same ground as the hearing, but not all. An expert at the debate said that it is a strong possibility that future Rhode Island general obligation bonds’ costs (higher interest rates) would be much less than feared [including much less than those suggested at the hearing].  One additional point made was that although a partial repayment would be viewed as a default by the bond market, it would be viewed more favorably by the market than a full non-repayment, so could be viewed as a reasonable option for Rhode Island.

There was a consensus by the panel that what needs to be done is an in-depth study, including a solid cost/benefit, pros/cons analysis of the alternatives in order to make an informed decision. It was suggested that as part of the study the major bond market players should be asked what they would do if the bonds are repaid by the state or not. [This may be difficult. Moody’s and Standard & Poor’s, the bond raters, have so far declined to do so.][Note that such a study may be inconclusive, too, since there are so many factors involved, even some not yet even contemplated.]

Analysis:
After the hearing I knew more but was less certain what the result of any particular course of action would be. The debate helped, but not much more.

There is no history to guide us. The bond market is irrational, volatile and unpredictable, though traditionally less so than the stock market. Even the experts don’t know the likely consequences. All crystal balls are out of order.

“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.  There was the usual kind-of-sort-of implication by EDC, the Assembly, and the governor (at that time), that the state would pay if 38 Studios defaulted, but with no actual obligation.  The only clearly stated legal obligation of the state is that the Governor must put a request for repayment into the proposed budget each year.  That’s it.  The state legislature is under absolutely no obligation to actually include it in the final budget.  Here is the key:  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.

An issue that did not receive enough attention at either the hearing or the debate concerns the effects on low- or no- income Rhode Islanders of non-repayment. Both Rep. Ferri, a committee member at the hearing, and Ms. Heebner, citizen advocate at the debate, said that the General Assembly might not raise taxes to cover the shortfall, but instead would reduce human services. Those lowest on the economic ladder would suffer the consequences of the higher-ups’ bad decisions. While dumping on those least able to afford it is dishonorable, it is likely to happen, judging from the recent past.

Conclusions:
By all means, conduct an in-depth study, it might help. But don’t spend a lot on it.

No one can tell what the consequences of non-repayment would be. Even if we know the monetary consequences for certain, our decision could still go either way since it will (should) be based on more than what can be quantified by such a study. Let’s not base a decision solely on Wall Street or $$$, for a change. There is more to life. So let’s do the right things:

  • Don’t repay the 38-Studio bonds.  We aren’t obligated to and we have other, real, obligations like human services, education and infrastructure that need the funds. The “sky-is-falling” predictions are overblown.
  • Make moral obligation bonds illegal. Only allow pure general obligation and revenue bonds having clear language and unambiguous responsibilities of the parties involved. This change in state debt funding would be a silver lining to the ugly situation of the 38 Studios debacle.

We might even start a positive national trend: Fabian said that nationally moral-obligation bonds would cease to be issued if Rhode Island doesn’t repay.

PostScript: I have heard that the political reality is that the first payment ($2.5 million) will absolutely stay in the FY2014 budget. However, from my perspective, nothing is final until the Assembly session is actually adjourned for the year. Further, a final decision on one or more of the much larger remaining payments ($12.5 million) might be postponed until the 2014 Assembly session; there isn’t enough time to either conduct a deeper study and/or make a reasoned decision before the end of this session. This would also leave enough time in the off-session for such a study.

 

The $100 million question


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occupy prov 38Should we the people of Rhode Island pay large institutional bondbuyers $100 million we don’t legally owe them?

It’s the biggest political and economic dilemma facing the Ocean State since pension cuts and our elected officials don’t want the discussion to happen.

Last week, a legislative committee tasked with investigating the pros and cons to taxpayers was roundly criticized for holding an informational meeting on the $100 million question but only presented one side of the debate. After the session, Ted Nesi, Rhode Island’s most respected reporter, wrote this gem of a lede:

“In a battle pitting Rhode Island against Wall Street, Wall Street will always win.”

As someone who vehemently wants Rhode Island to be more politically powerful than Wall Street, it felt like I had the wind knocked out of me when I read this. Then, Ian Donnis of RIPR added insult to my economic theory injury by writing in his weekly news/media column: “If you read one overview on the debate over defaulting on 38 Studios’ bonds, make it this one by Ted Nesi.”

But is it true that Wall Street will always win when its interests are pitted against the people of Rhode Island?

Enter Occupy Providence and the the Stephen Hopkins Center to help the state figure it out.

I think they had a better discussion on this issue than did the rest of the state. You can watch the entire hour-long public discussion here. Please, for the love of Rhode Island and its economic well-being, at least compare and contrast this with this discussion by the legislative committee designated to study the decision, which you can watch here.

I think Elaine Heebner, who isn’t a financial expert at all, offers one of the most important perspectives on this very big political and economic question for the Ocean State.

These economic experts, moderated by WJAR’s Bill Rappleye, disagreed with the theory put forth by our political leaders. Bob Cusack, a former bondbuyer and former East Providence city councilor, said he doesn’t suspect the fiscal implications of default will be as severe as some are predicting. (For more on the fiscal merits of default, read this post by Cate Long, of Reuters, who crunched the numbers.)

Perhaps just as importantly, the panel faulted state leaders for not having a robust debate about it. Cusack, said something at the State House on Thursday that I think we can all agree with: “It’s not enough for pundits and even officials to predict the reaction of rating agencies.” He suggested we ask them ourselves.

As I’ve written on several occasions now, I think this $100 million question will show a new kind of political divide for Rhode Island – one in which we see who thinks Rhode Islanders fiscal interests should be subservient to Wall Street’s. I don’t know if they are, and hope for the people’s sake they are not.

Plus, I would really like to get to write this headline: “RI to Wall Street: Drop Dead”

Pretty, creative state seeks businesses wanting same


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Downtown Providence.
Downtown Providence.

The idea that Rhode Island’s government is good at picking business winners and losers is bankrupt—even setting aside 38 Studios. While cutting taxes and offering incentives may draw corporations, they flee when publicly funded freebies are withdrawn or lowballed by another state (see Bank of America, the “Superman” building, Metlife and CVS’s recent rumblings).

Here are three paradigms to transform our small state into a powerful commerce engine.

Environment is our advantage

Landscape is our natural resource, and it draws tourism. It’s taken 40 years to fix much of the industrial pollution. Putting the DEM’s environmental permitting in the hands of business interests is like asking the fox to watch the henhouse. Give DEM and local governments the ability and resources to maintain and improve our children’s environment.

Additionally, public transportation systems are crucial to 21st century viability. Borrowing money to fund road construction is insufficient. We must replace RIPTA’s funding formula so that bus, trolley and future light rail services can expand to meet growing demand, save energy and reduce CO2 emissions.

Invest in small, innovative and exportable

Providence isn’t just the Creative Capitol; the entire State of Rhode Island is an innovation magnet. Many of our artisans are small independent businesses that don’t show up on the economic radar.

More energy can be directed to encouraging, supporting and streamlining small and micro businesses, diversifying our portfolio.

At the same time, a new “Commerce Concierge” can be created to serve as a single point of contact to navigate the rocky waters of permitting and regulation, and then report back on roadblocks with proposed fixes.

Finally, promoting our “brand” as an international arts center will increase income at home as we export premium-designed work and draw tourists who will watch us create.

Improve public education, smartly

No educated person wants to send their child to a bad school. Not everyone can pay for private schools.

Instead of resisting the fact that we have so many school districts, let’s leverage it. Give local districts the power and the funding to choose how to best improve themselves. All schools need advanced tracks and most schools need supportive tracks. While standardized testing has identified flaws, it is not a panacea for correction. Allow teachers to adjust classes to suit the needs and abilities of their students. We also need to accept that growing up in poverty undermines education, and experiment with innovation to give everyone the opportunity to learn and succeed.

“Hey Mr. Buffet! I just heard about a beautiful place that’s filled with creative energy and has great schools… It’s called Rhode Island.”

Who Do We Pay?


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obligation opportunityWith the House of Representatives bringing in its “neutral” expert on defaulting on the 38 Studios moral obligation bonds, the lingering question to me still remains. Why is it alright to unilaterally bail out on our pension obligations to state employees, but our “moral” obligations to bondholders who knew the risks must be honored at all costs?

That was the question posed to Gov. Lincoln Chafee a month ago by columnist (writing then for Bloomberg View) Josh Barro.* Chafee’s never answered that fundamental question, and Barro rightly excoriated the Governor for claiming to call for moderation when in fact he called for a more radical version of pension reform than what was enacted.

Discovering the answer to the question (why can we ignore pensioners but not bondholders) is not where the conversation around the interview with Chafee went, of course; WPRI’s Ted Nesi discussed it before turning instead to the idea of moral obligation bonds as essentially general obligation bonds. And ultimately, Reuter’s Felix Salmon jumped in with a bit of commentary that completely lost Barro’s thread, instead laughably painting Chafee as Machiavellian in his approach to bonds.

But the question still remains; why are we valuing capital more than labor here? These pensioners did their duty for the State, whether it was operating its government, hunting down its criminals, taking care of its people, or any of the other thousands of little things state employees do. In exchange, beyond the wages it paid them, the State promised as well to ensure they could take care of themselves in their retirement. Then, when it was unwilling to pay for it, the State reneged on this promise; now it’s facing a lawsuit.

The bondholders, on the other hand, provided the capital used to pay for 38 Studios, a game company that spent poorly, was bad at managing its money, failed to produce a profit, and ultimately left the State with a massive financial hole. The State is promising to pay them their money back, with interest.

The pensioners provided actual value to the State, the bondholders did not. A question for 2014 for any elected official that suggests we should pay back the 38 Studios bonds but voted for pension reform is to explain how the bonds are more valuable than our state workers’ labor.

The simple political reality is that bondholders have simply always been more powerful and dominant in state economic policy than its workers; going back at least to the era immediately following the Revolutionary War (a sobering thought as we approach Gaspee Days). Even though paying back the bonds will pull money out of Rhode Island’s economy, the bondholders will suggest that they can cost the State even more money by damaging its credit ratings. Sadly, these credit ratings are put out by the same agencies that said that subprime mortgages were a top-tier investment… leading to the collapse in the economy five years ago.

Ultimately, because it’s far easier to tabulate the value of capital rather than services rendered over a worker’s career, our credit ratings aren’t hurt when we spurn our obligations to pensioners. There’s no doubt in my mind that we’re in the society that Ta-Nehisi Coates quotes Chris Hayes as suggesting we’re in, one “that applies the principle of accountability to the powerless and the principle of forgiveness to the powerful.

P.S. It’s also worth noting the words we use to describe the two situations; we’re “defaulting” on our bonds, but merely “reforming” our pensions. Maybe people against paying back the 38 Studios bonds should use the phrase “bond reform.”

And for more on this topic, see RI Future posts by Mike McDonald (Gina’s moral obligation Wall St not RI, April 7) and Bob Walsh (Pension lawsuit primer, June 26, ’12)

*CORRECTION: An earlier version of this post referred to the “conservative columnist Josh Barro”. Today, Barro declared he’s not a conservative, and is currently a “neoliberal”.

38 Studio loan default makes for strange bedfellows


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occupy prov 38As legislative leaders draw criticism for only inviting one perspective to speak today about defaulting on the 38 Studios loan, Occupy Providence, an activist collective, and the Stephen Hopkins Center, a libertarian group, have joined forces to sponsor an event that offers a pretty good diversity of opinion.

WJAR’s Bill Rappleye will moderate a panel debate at the State House today at 2:30. Panelists include Gary Sasse, former executive director of the RIPEC and senior adviser to Governor Don Carcieri, RI Future contributor Tom Sgouros, Bob Cusack a former public finance investment banker, John Chung, a Roger Williams law school professor and Elaine Heebner, for a citizen’s perspective.

Both Occupy Providence and the Hopkins Center oppose repaying the loan. And this isn’t the only example of atypical political allies on this issue: both the Rhode Island Republican Party and the Rhode Island Progressive Democrats don’t want to repay the loan either.

“The key leaders in RI government are showing poor priorities if they bail out Wall Street and keep historically low tax rates for the rich, when we could be stabilizing transit funding and making education more affordable,” said Randall Rose, a longtime leader of the local Occupy movement.

Brian Bishop of the Hopkins Center added that his organization “would prefer lower taxes for everybody, including the rich. But our common ground with Occupy Providence is an objection to cutting the voters out of their constitutional role in approving debt. This sham technique in which the state does not directly borrow the money, but is perceived to be on the hook because of risk to its credit rating and fiscal reputation, must end. Legislators should stand up for taxpayers over Wall Street on this issue.”

But, they still thought it was important to have a robust debate on the issue. “We have specifically invited state leaders who support the bailout to defend their position,” said the press release. “This will fill a need for fair, thoughtful debate on the subject.”

I think this issue is shining a light on a new kind of political division in Rhode Island.

RI should be like Paradox Studios, not 38 Studios


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Screen shot of Paradox Interactive game.
Screen shot of Paradox Interactive game.

You’ve probably never heard of Fredrik Wester or the studio he’s CEO of, Paradox Interactive. It operates mainly out of Sweden, a country slowly starting to exert more and more influence in pop culture. And, as Wester points out in this 26 minute talk entitled Using an Axe to Carve a Niche, Paradox Interactive makes games for nerds. Which is why it’s the leader in the grand strategy game market, and why it’s gone from six employees to around 255 across the world since Wester took over in 2004.

If this talk had come out in 2010 instead of 2013, it should’ve been required viewing for the EDC.

Everything about it is the counter example to the 38 Studios deal. Don’t make what the big studios are making, those require experience and resources you don’t have. Identify your market, identify your audience, and saturate it (Wester discusses wanting to sell his game to all of the subscribers of World War II Magazine). Avoid the typical marketing strategies; instead of an expensive 3D animated trailer, Paradox released one for their flagship Europa Universalis game suggesting “this game probably isn’t for you,” defying the customer to prove them wrong. Don’t leave a game incomplete.

In many ways, it’s the opposite strategy that the states here have been pursuing. Right now, we’re seeing strategies focused around “economic competitiveness.” But of course, the way to be competitive is to just throw gobs of cash at a company; witness North Carolina pulling in MetLife jobs with a $96 million payoff or our own success of attracting business with 38 Studios. Or how CVS demands money to stay in the state, even though it’s been very successful.

Rhode Island simply can’t compete with states like California, New York, or Texas. We can’t even compete with Massachusetts or Connecticut. But even though we’ve consistently failed trying to play this game, that’s what’s being pursued by our so-called leaders.

On moral obligations


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do-the-right-thingDon’t make the mistake of confusing what the bond market calls a moral obligation with the more widely-held definition of the term.

One may suspect that a moral obligation as it applies to repaying the 38 Studios loan implies that our shared concept of right and wrong compels us to make good on our word to repay the debt we owe those who bought the bonds.

No, not at all actually.

In the world of high finance and big bond buying, a moral obligation simply means it may or may not cost money to change ones mind. It’s actually a misuse of both words in that repayment has nothing to do morality, nor is it an obligation. It’s not even apples to oranges. It’s more like apples to poisonous mushrooms. It’s almost as if the fat cats of finance have purposefully perverted the phrase to further institutionalize our self-interest in serving the rich, but I’m sure an industry that is too big to fail would never stoop to such a tactic.

Not at all to discount what’s in our fiduciary best interest, but I think it’s a slippery slope when we start confusing fiscal decisions with moral obligations. There’s even an insurance product for this. You know your society is in trouble when there is an industry that makes money off of the assumption that the government won’t make good on a moral obligation.

That said, 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.

Lima, MacBeth Suggest Not Paying 38 Studios Bonds


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Reps. Karen MacBeth (L) and Charlene Lima offer testimony on limiting and/or eliminating payment to 38 Studios bondholders.

The House Finance Committee heard several bills yesterday concerning the operation of the RI Economic Development Corporation (EDC) in the wake of last years 38 Studios fiasco, including two bills  that would prohibit the state or the EDC  from making payments to the bondholders of the failed video game company.

The bills, H5639 and H5888, would stop the state from making any payment to bondholders until all of the bondholders can be identified in the case of the former, and in the latter, would prohibit the state from making payments to the bondholders regardless of whether they can be identified. The bills have been introduced by Reps. Charlene Lima and Karen MacBeth, respectively.

Rep. Lima, growing more upset as she presented her bill, said, “The biggest problem in government is lack of transparency, and this deal was no different. The bondholders did not hold up their end of the bargain.”

Lima contends that, by not filing the agreed upon documentation with the state, the bondholders violated their contracts, and therefore the state has no obligation to repay the debt.

MacBeth testified that the legal definition of a moral bond removes the state’s obligation. “The two criteria for repayment of a moral obligation bond are being the primary bondholder, and ability to pay,” she said, “38 studios was the primary bondholder, and the state does not have the ability to pay.” She added, “These bonds were insured. The insurer knew the risks. Let the insurer pay.”

A representative of the Occupy Providence movement, Randall Rose, also testified in support of MacBeth’s bill. He said that the only reason to pay these bonds is the fear of retaliation by Wall Street. “This was an inefficient way to borrow money, and amounts to an end-run on the Rhode Island constitution.” By Rhode Island law, the public cannot be held obligated to a debt that was not put forth by ballot measure.

A currently unemployed finance director, Brian Kelly, testified that if the bonds were not paid, and if there was a retaliation by Wall Street in the form of increased interest rates to state bonds, “We would have to float $11 billion in bonds at a 1 percent increase in interest to equal the debt from 38 Studios.”

He also indicated that the bonds were insured, and analogized the situation to sports teams that insure players with guaranteed performance contracts who then get injured. “In either case, a claim is filed, and the losses are covered. This is what insurance is for. The insurers knew the risk.”

Rep. Lima called the bondholders  “cowards” for not coming forward, and House Minority Leader Brian Newberry said, “The fact that no one from EDC is here to testify is disrespectful to this committee, disrespectful of the House. The impacts of these bills are at EDC’s feet, and the fact that no one is here to testify is an outrage.”

EDC execs did offer a letter concerning the bills to legislators that all indicated that the letter was received just minutes before the hearing. Rep. MacBeth called the letter incomplete, at best. “It has no fiscal note, and no evidence of future negative impacts to bond ratings. We’re just supposed to take their word for it?”

Other EDC related bills heard at the meeting were H5268 which would cap any one loan by EDC at $10 million, H5463 which would prohibit EDC from making any loan guarantees, H5643 prohibiting the state from paying interest on 38 Studios loans, H5745 imposing a limit of $5 million in EDC loans to any one entity, and H5746 which would impose an aggregate limit of $1 billion on any EDC loans out at one time.

Committee Chair Helio Melo, when asked if he found any of the testimony particularly compelling, and if he thought that an oversight committee would have been a more effective way to ferret out those questions, said “Nothing really jumped out at me, but I think that introducing legislation is a good way to uncover the questions that need asking.”

“In today’s testimony we heard questions regarding the state’s obligation to the bondholders,  the possible effects of non-payment, and the role of the bond insurers. I’m sure there will be many more in the coming weeks.”


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