Open gov’t groups blast Kilmartin on public records law


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Peter KilmartinCalling it “a new low” in the state’s enforcement of the Access to Public Records Act (APRA), five open government groups blasted an opinion issued by the Attorney General’s office which held that public bodies can charge members of the public for the time it takes to compose a letter denying an open records request.

That interpretation of the law was embodied in an AG advisory opinion, Clark v. Department of Public Safety, issued yesterday. It arose in the context of a Rhode Islander who had sought BCI and personnel records for an individual in the State Fire Marshal’s office. When the requester was denied access to the records on the grounds that they were confidential by law, he was charged a $15 fee. He then filed an appeal with the AG, leading to yesterday’s opinion. (The complaint raised a number of other APRA objections, which were also rejected in the opinion.)

APRA allows public bodies to charge for the “search and retrieval” of public records. The opinion appears to argue that because the time spent redacting records has been held to constitute “search and retrieval” time, then the time spent composing a letter to deny access can be charged as well. The portion of the opinion addressing this issue is on Pages 6 and 7.

Below are quotes denouncing the decision from representatives of Common Cause RI, ACCESS/RI, the ACLU of Rhode Island, the League of Women Voters of Rhode Island, and the New England First Amendment Coalition.

Rosanna Cavanagh, executive director of the New England First Amendment Coalition:

“The legislative intent of the statute is thwarted by the Attorney General’s new interpretation which in effect replaces the clear meaning of ‘search and retrieval’ with the opposite meaning of ‘search and denial.’ If this interpretation takes hold it would make Rhode Island the least access friendly state in New England in this regard.”

John Marion, executive director, Common Cause Rhode Island:

“By upholding the DPS’s decision to charge a citizen the costs associated with composing a letter denying their request, the Attorney General’s office has provided a blueprint for government officials to discourage public records requests.”

League of Women Voters of Rhode Island President Jane Koster:

“Too many public bodies already treat the open records statute like a series of recommended guidelines instead of a law that must be followed.  This opinion only exacerbates the many problems the public already has gaining access to information.”

Linda Levin, chair of the open government group ACCESS/RI:

“We call on the Attorney General to reverse this position in future decisions. If the office does not, ACCESS/RI stands ready to seek legislation that would establish into law that the public cannot be charged in any way when records are denied.”

Here’s my statement, as the executive director of the ACLU of Rhode Island:

“Allowing agencies to charge people for the privilege of having their request for records denied makes no sense, has no basis in the statute, and represents a new low in interpreting the open records law. It adds insult to injury, and is like sending a ‘Dear John’ letter postage due.”

Bill Clinton loves RI, policy-wonking, Seth Magaziner


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clinton magaziner
This is as close as I got to Bill Clinton.

Bill Clinton knows how to play the room. So when the 42nd president of the United States took the podium at the Convention Center in Providence yesterday, he opened with: “I love Rhode Island.”

The former leader of the free world also has a fondness for Seth Magaziner, for whom he was here campaigning.

“He represents hope,” Clinton said, invoking both our state motto and his famous 1991 campaign slogan, when it was he coming from nowhere to best a political insider during an economic downturn.

Ira Magaziner
Ira Magaziner

Magaziner was just eight-years-old then, but he was already a Clinton supporter. He wrote a letter to the editor in the Bristol Phoenix extolling the virtues of the 32-year-old Arkansas governor. “I think that’s what put him over the top,” Magaziner joked. His father, Ira Magaziner, is a longtime friend and adviser of Clinton’s, who worked in the White House and now heads the Clinton Global Initiative.

“He’s a total policy wonk, and that’s why I love talking to him,” Seth said when I asked him about the behind-the-scenes Bill Clinton.

Clinton did have a good sense of Magaziner’s policy proposals, speaking at length about his so-called “blueprint” that would create an infrastructure bank, a clean energy fund and investing a greater portion of the pension fund in emerging local businesses.

“You’ve been through a really rough time since this financial crash,’’ Clinton said. ‘‘You deserve as many good jobs as quickly as you can get them, and Seth Magaziner will help you get them.’’ He said Rhode Island’s treasurer’s office has more constitutional authority than many other states, and that Magaziner’s so-called “blueprint” will help improve Rhode Island’s economy.

“He really did read the whole thing,” Magaziner told me afterwards. “Of course I was nervous when I knew he was reading it but I was excited when I heard that he liked it.”

Magaziner said he first mentioned the Clinton last summer that he was considering running for general treasurer. I asked him if Clinton offered any advice.

“He won his campaign based on promoting ideas and his advice to me was to do the same here,” Magaziner said. “Anyone who is running for treasurer right now has to be talking about those core economic issues. He understood, especially given everything Rhode Island is going through, that’s what people would want to hear.”

Lies, truthiness and one-liners: Democrats debate for governor


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dem debate
Click on the image to read WPRI’s news story on the debate.

After a summer of spending millions to attack and fact check each other in TV commercials, the three leading Democrats running for governor took the opportunity to do so once more at their last debate before the primary.

“My campaign alone has created more jobs in Rhode Island than Narragansett Beer,” Clay Pell quipped of Gina Raimondo’s pseudo-claim in a TV ad that her venture capital investment in Narragansett Brewery helped create more than 1,000 jobs in Rhode Island.

This was the line of the night. But a close second was when moderator Tim White pushed back about Pell’s talking point about not taking any money from lobbyists or PACs. White pointed out that Pell is independently wealthy and that several high level NEARI employees are volunteering their time for him. Rarely does a debate moderator win applause, but this was a question begging to be asked that was unlikely to be addressed by any candidate.

The big lie of the evening came courtesy of Raimondo when she was accused of standing with Wall Street. She replied, “I’m from Smithfield, I’ve never worked on Wall Street.” Wall Street, of course, in this context, is not a physical address.

Angel Taveras’ watershed moment may have been when he asked the TV camera “would you hire someone who has had nine jobs in eight years?” He spent much of the debate on the attack against both Pell and Raimondo, but did not  – notably – dispute Pell’s claim to be the “progressive Democrat” in the race.

The surprise of the evening, for me, was that all three pledged to support the primary winner. It may be a good exercise for all Democrats to spend a few minutes each day until the primary envisioning their preferred candidate campaigning for the others, and vice versa.

United progressives stand in Providence, divided statewide


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Providence City HallWhile the two progressive candidates running for mayor of Providence have come together, the two progressive candidates running for governor are still at war.

On Friday, Brett Smiley dropped out of the Democratic primary and backed fellow liberal Jorge Elorza so that the more conservative Democrat, Michael Solomon, would not have the advantage of the liberal vote being divided.

“Jorge Elorza shares my values and my vision for our city, and I’m proud to give my full-throated support to his campaign. I know Jorge is our best chance of defeating both Solomon and Cianci, and I look forward to working together to make it happen,” Smiley said in a prepared statement.

RI State House 3 It’s been a different story between the two liberal Democrats running for governor.

Angel Taveras and Clay Pell continue to beat each other up. The Taveras campaign says Pell lacks experience and overstates the experience he has. The Pell campaign accuses Taveras of stretching the truth and smearing his opponents.

Before Friday, both the mayor’s and governor’s Democratic primaries were three-way races featuring two liberals and a moderate. Raimondo and Solomon are seen as solid Democrats on many issues, with some foul-smelling political baggage. For Raimondo it’s her connections to Wall Street and Solomon is a city Council incumbent facing a complaint in front of the Ethics Commission.

Conventional wisdom says that Taveras and Pell may prevent each other from besting Gina Raimondo, who leads in the latest public polling. Conventional wisdom also says that Elorza increased greatly his chances of overcoming Michael Solomon by winning Smiley’s support.

In the mayor’s race, the left improved its chances of winning office by working together. In the governor’s race, the left greatly diminished its chances of winning by being a house divided.

If such speculations prove true, the big takeaway for the local progressive movement from the 2014 election cycle may be: united we stand, divided we fall. Learning that lesson may well be more valuable than winning either or both the governor and/or mayor’s office.

#march4mikebrown marches into PVD Police HQ


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image (6)Last night over 200 protesters (estimated by the ProJo for what it’s worth) marched from the field across from the Providence Place Mall to the Providence Public Safety Complex, with cries of “No Justice, No Peace!,” “Justice for Mike Brown” and “Whose city? Our city!”

The event was held to stand in solidarity with and boost the morale of the people in Ferguson MS, where police shot and killed Michael Brown, an unarmed black man. The marchers called for an end to police brutality, an end to the militarization of law enforcement and to “give the power back to the people.”

The march was entirely peaceful.

Liandra Medeiros, a Nonviolence Initiative Coordinator, was on the scene, and she recorded some great video and took some pictures of the event.

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ACLU’s Steve Brown: Nothing good came out of the 1986 Con-Con


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DSC_6545At yesterday’s bi-partisan Preparatory Commission ahead of a report on “possible issues for consideration at a Constitutional Convention,” lawyer and Republican national committeeman Steven Frias, played the role of cross-examiner as he attempted to pin down the ACLU’s Steve Brown on the efficacy of the 1986 Constitutional Convention.

Noting that he was asking a “subjective question” Frias asked Brown “Have good amendments come of constitutional conventions in the past?”

Brown, who has only studied the 1986 convention in Rhode Island, answered, “Nothing that came out of the 1986 convention was worth it. No.”

“Not the Ethics Commission amendment?” pressed Frias.

“No, and that’s an interesting one,” countered Brown, “The Ethics Commission was one of the few, so-called ‘good government’ reforms that passed the convention and here we are a few years later, complaining… we need another convention in order to correct the language that was passed in 1986.”

Frias did not like Brown’s answer. “Would you agree,” he asked, “that the reason we are trying to change the language in the amendment is due to a [State] Supreme Court decision that was enunciated at the end of the last decade in regards to Senator Irons?”

“No,” answered Brown, “I would say it’s because of the ambiguity in the language [of the amendment] that was passed by the 1986 convention.”

Now visibly annoyed, Frias, who obviously feels that the Supreme Court decision was a case of judicial overreach and not a problem inherent in the language of the amendment, concluded, “Okay, thank you. It’s a legal interpretation.”

You can watch it here:

Also of interest was Brown’s description of the “bundling” of amendments. The 1986 Con-Con ultimately approved 25 amendments for consideration by voters. Because that many questions could not fit on the ballots, some amendments were bundled together, meaning that they had to be approved or rejected as a group. Of course, since the delegates to a Constitutional Convention are entirely self-directed, there are no limitations on the number of amendments that can be proposed.

RIPDA endorses de Ramel for Secretary of State


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de ramelThe Rhode Island Progressive Democrats of America endorsed Guillaume de Ramel over Nellie Gorbea for secretary of state.

“After extensively interviewing both candidates for Secretary of State, we voted overwhelmingly to endorse Guillaume De Ramel,” said Sam Bell, state coordinator of RIPDA. “Guillaume’s firm commitment to both in-person early voting and same-day voter registration is what we need to increase voter participation in Rhode Island.

De Ramel and Gorbea are in heated down-ballot primary battle to become the state’s chief record-keeper, the winner of which will face Republican John Carlevale in the general election.

“I’m proud that my vision for modernizing the way Rhode Islanders vote helped earn me the endorsement of the Progressive Democrats,” de Ramel said. “It’s vitally important we increase civic participation and get more Rhode Islanders to cast ballots. I look forward to meeting with more Rhode Islanders, discussing the issues and building on this momentum in the weeks ahead.”

 Gorbea campaign manager Rico Vota said, “While are always disappointed when we do not receive an endorsement, we look forward to working with the group once we win the September 9 primary.”

“Nellie has been focusing on providing real leadership and bringing her proven experience to the Secretary of State’s office, not on political endorsements,” he added. “As Secretary of State, Nellie will always put Rhode Island and its citizens ahead of politics and the special interests.  She brings a fresh perspective and the years of experience that are needed to help create jobs, ensure that elections are efficient, accurate and increase voter participation, not politics as usual.”

Read and listen to RI Future’s interviews with de Ramel and Gorbea for more information on these two candidates.

The Progressive Dems have also endorsed Seth Magaziner for general treasurer, Jorge Elorza for mayor of Providence, Congressman David Cicilline and 17 legislative candidates.

Seth Magaziner: hedge fund contracts should be public


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magazinerDuring an interview about his investment experience and his “blueprint” for fixing Rhode Island’s economy, candidate for state treasurer Seth Magaziner said he would not have signed contracts with hedge fund managers that shielded their pay from the public.

“I would have demanded a higher level of transparency,” Magaziner said. “And if they were not okay with that I would have walked away.”

Hedge funds have become a dirty word, Magaziner said, primarily because of the very high fees managers charge clients. He said the four highest-paid hedge fund managers last year made more money than all the kindergarten teachers in the United States. “What’s wrong with us as a country when that is what we are willing to put up with,” he said.

Magaziner spoke about his role at Trillium, the socially responsible investment firm that he worked for, what makes their investment strategy different and how to apply some of the lessons he learned there to Rhode Island.

He also talked about his “blueprint” for how the treasurer can help fix Rhode Island’s ailing economy. One of his ideas is investing a small percentage ($10 to $20 million) of the pension fund into Rhode Island startups. He’d also develop a dedicated funding source for new school construction.

“The way it worked was the municipalities were responsible for raising funds for construction then they would go to the state for a match,” he said. “The problem with that of course is of course the wealthier communities were having an easier time raising funds for the match. The way they do it in Massachusetts is much better.”

Massachusetts, Magaziner said, has a list of what school facilities have the most need, and a one cent from the sales tax goes to repairing the infrastructure in the most need.

Rhode Island Kurds: Stop ISIS terror!


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DSC_590330,000 Yazidi Kurds face imminent starvation as they huddle on Shangal Mountain in Northern Iraq. The Yazidi refugees are escaping ISIS, an Islamist, terrorist army that has pledged to destroy them because of their religious differences. The New England Kurdish Association (NEKA) held a rally on Tuesday to highlight the plight of the Yazidis. The Yazidi people, whose culture and religion is twice as old as Christianity, face extinction, yet the United States is reluctant to get sucked back into Iraq, so soon after pulling out our troops.

President Barzani of Kurdistan is not asking for troops, telling the Associated press, “We are not asking our friends to send their sons on our behalf.” What Barzani wants is weapons. Weapons that will provide his people a fighting chance against ISIS.

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Reflections on peace, Hiroshima and Victory Day


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DSC_5683Today is a state holiday in Rhode Island. It’s a day some of us have off and some of us don’t, depending on whether or not we work in Boston, or at some retail job, or for an instate union or government employer. We used to call it VJ Day, for Victory over Japan, but now we call it Victory Day, if we call it anything at all. Many of us are sheepish when it comes to talking about this holiday, embarrassed that we have a holiday to celebrate the apocalyptic conclusion to a terrible world war.

DSC_5722Our Victory over Japan was accomplished via the dropping of two atomic bombs on Hiroshima and Nagasaki, making the United States the only country to ever use the most horrific and destructive weapon of war ever developed. One bomb killed half the population of Hiroshima. Another killed half the population of Nagasaki.

This isn’t something Americans feel proud of.

On Friday night members and friends of AFSC-SENE gathered in downtown Providence, where the rivers meet near Steeple St, to silently reflect on the events of that day sixty-nine years ago, and to listen to Joyce Katzberg sing about the possibilities of a world without war and nuclear bombs.

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Should Rep. Peter Palumbo resign?


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Palumbo
Palumbo models the tee shirt he helped design

Representative Peter Palumbo, is perhaps best-known for calling my niece, Jessica Ahlquist, an “Evil Little Thing” on the John DePetro Show and in the process creating an internet meme demonstrating the casual way in which politicians dehumanize atheists and women with their rhetoric. Or maybe he’s better known for the hateful anti-refuge letter he recently sent to Governor Chafee, or his .

But now he’s in the news because there’s an investigation involving beach concession stands he managed for now-former Democratic Party chairman David Caprio. Palumbo won the bid to manage the three concession stands, and then declined the contract. It was assumed, at a lower price by Caprio, who then hired Palumbo to manage the concession stands. The people lost out on $266,000 in revenue as a result. Caprio resigned Tuesday.

This, in the middle of an election season.

Rhode Island Republicans Mark Smiley, Chairman of the Rhode Island GOP and Executive Director Robert Paquin III have issued a press release calling “for State Representative Peter Palumbo to step down and aside from his race for re-election while he is investigated by the RI State Police.” If Palumbo steps down his Democratic primary opponent, Kirk McDonough will be running unopposed in the primary (Update: McDonough did not qualify for the primary ballot, so if Palumbo doesn’t run the seat would go to a Republican). The Republicans are fielding two candidates for Palumbo’s seat.

Should Peter Palumbo step down? If he and David Caprio colluded to profit $266,000 at the people’s expense, then yes he should. Certainly everyone is entitled to a presumption of innocence, and no one is sure as of yet that this entire affair involves anything precisely illegal, but the stench of insider politics and profits at the expense of taxpayers hovers over this mess in a way familiar to those who follow Rhode island politics. At the very least it should move the citizenry to demand that the Ethics Commission be granted oversight of the General Assembly, and we should all be wondering why elected officials are free to bid on state contracts, an obvious preventable conflict of interest.

[Edit: Common Cause RI tweeted to me, “the Ethics Commission still has jurisdiction over GA for not legislative actions such as this.”]

Scandal aside, Palumbo’s policy proscriptions are wrong for Rhode Island.

Politically, Palumbo is to the right of most Republicans in this state. His conservative voting record paints him as a true Rhode Island DINO, a Democrat in name only. Palumbo has a 100% rating from the NRA, voted for Voter ID, is rated at 22% on Civil Rights by the ACLU and somehow avoided voting for or against marriage equality when it passed last year.

How conservative is Palumbo?  In 2010 Palumbo a he introduced that mirrored a controversial immigration bill from Arizona. Palumbo ended his appearance saying, “Thank God for Fox News.”

That’s pretty conservative.

New immigration detainer policy protects fundamental rights


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scomm5_0The policy of “detain first, investigate later” practiced by federal immigration officials no longer applies in Rhode Island now that the state Department of Corrections must stop honoring immigration detainers issued without probable cause.

In a significant victory for the rights of immigrants and the due process rights of all Rhode Islanders, Governor Chafee on Thursday issued a new policy stopping the DOC from relying on immigration detainers to hold people who otherwise should be released. These detainers requested by Immigration and Customs Enforcement are generally issued with no judicial oversight and keep people in jail simply because the agency wants to investigate them.

Now, ICE must abide by the same rules as any other law enforcement agency and obtain a warrant if it wants the state to detain someone in jail.

This welcomed policy shift is in recognition of a federal court ruling in which U.S. District Court Judge John J. McConnell, Jr. found that holding individuals in jail based on these detainers is likely unconstitutional. That ruling was issued in an ACLU case on behalf of Rhode Island resident Ada Morales who, despite being a U.S. citizen, was twice unlawfully held in jail on the basis of erroneous immigration detainers.

Unfortunately, Ms. Morales is not the only person to be wrongly detained nationwide, but since Judge McConnell’s decision, other courts have issued similar rulings and over 130 local and state governments across the country have voluntarily adopted policies, like the new Rhode Island policy, of no longer honoring ICE detainers that are issued without judicial authorization.

By becoming the latest state to reject ICE’s indiscriminate detainer practices, Rhode Island has stood up for its residents and ensured they are secure in their fundamental right to live free from the fear of unwarranted detention.

Rhode Island Graphic Design Challenge: Oops, you forgot Block Island


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In the course of my job, I spend a lot of time with budding graphic designers, marketing students, and the like. Often, they’ve received some Rhode Island-centric assignment that will include a logo. Drawing a logo that represents Rhode Island can be relatively difficult if you’ve given it some thought. The anchor can be too official, given that it appears across State departments and branches. The quahog is indistinguishable from any other clam to the average person. So what does that leave us with? Well, the tried and true method is a silhouette of Rhode Island.

So it’s fair to say I’ve seen a lot of silhouettes of Rhode Island. And my feedback is almost rote now. “Where’s Block Island?”

To be fair to many of those who send the silhouettes to me, Block Island isn’t nestled as close as the other islands. But it’s roughly 75% larger than Prudence Island (and about 12x more populated) and Prudence almost always appears in a Rhode Island silhouette – albeit, often with a new landbridge between it and Patience Island.

But what would this article be without examples? The most glaring examples tend to come from Rhode Island’s political community. Here’s the Rhode Island Democratic Party’s logo (which eliminates not just the typical biggies of Block Island and Prudence, but also Jamestown’s island home of Conanicut):

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Here’s the late Anchor Rising logo:

Anchor Rising Logo

And in case you missed it up at the top of the page, RI Future’s current logo:

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Over time, I’ve gotten into an ongoing Twitter back-and-forth with @Blockislandinfo about their missing island, and it’s yielded gems like this one:

That’s from GrowSmart RI’s Power of Place summit, which was all about Rhode Island.

That said, I’ve seen some examples of including Block Island. For all of its faults as a logo, the RI Welcome Back Center‘s logo at least contains Block Island. Foolproof Brewery also uses an RI silhouette that includes Block Island to show where in the state it’s brewed:

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And that example shows that you can include Block Island and still make a design that looks good, even if you’re restricted by having to make a circular one. And this is important, because there was once talk of secession on our small southern island. Maps matter, and Rhode Island is small enough already without ignoring bits of it – especially important tourism-generating bits.

P.S. Some other odd configurations of the Rhode Island silhouette I’ve seen: Rhode Island as a single landmass sans B.I., Rhode Island missing all islands (and thus missing the “Rhode Island” part of it), and Rhode Island including Bristol County, MA.

If you see any more examples of odd Rhode Island silhouettes, feel free to tweet me (@SamGHoward) or post them in the comments below.

Historian laureate misleads on Rhode Island Flag history


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RI Flag from 1882-1897: Hopeless?

Rhode Island historian laureate Patrick Conley’s June 14th op-ed is written with the purpose of misleading rather than edifying the public about the origins and meanings of Rhode Island’s state flag. Conley is intent on casting the flag as a “prayer banner,” borrowing that term from the not-so-recent court case involving my niece Jessica Ahlquist and an actual prayer affixed to the wall of her Cranston public high school. The use of such a loaded term should be our first hint that Conley is more interested in polemics than history.

Rhode Island’s state flag is not a prayer banner and trying to present it as one is foolish. The flag is inscribed with one word “Hope” which as a prayer seems rather short and inadequate. Conley also makes much of the fact that our flag has an anchor on it, another word found in the Bible. Conley is correct that the words “Hope” and “Anchor” are found in the Bible, along with a slew of other words in common usage, such as love, gold and jackass, which perhaps for space limitations were omitted from the state flag.

That the women and men who founded Rhode Island were religious and Christian is not in dispute. That they named the city they founded “Providence” and adopted mottoes such as “Hope” and symbols such as anchors that can be found in the Bible should not be surprising. (Besides Providence, other place names in Rhode Island derived from the Bible are the islands, such as Prudence, Patience, Hope and Despair.) What is surprising is that these same very religious and committed people were uninterested in forcing others to believe as they did. They were uninterested in forcing violent or oppressive confrontations with those who did not believe as they did, or in establishing a law that respected their views more than others.

Instead, these very pious Christians established a government that separated church and state. Then they chose an anchor for a symbol, not a cross. They chose a motto, “Hope” that anyone, religious or not, could find meaning in. They did not choose the word “Jesus” or “God” or “Prayer.” They chose the word Hope, perhaps because that is how they lived. They hoped that their little experiment in tolerance and acceptance would work, and three hundred and fifty years later, it seems that their hope was realized.

Some people, however, would see the hopes for our state dashed. They would erect actual prayer banners in our public schools, with an eye towards indoctrination of the impious and special treatment for those with the proper beliefs. Even today, some people, like the historian laureate, write lines that seek to divide along religious lines rather than to unite.

In language only slightly elevated from a schoolyard taunt, Conley writes, “I should hope that this revelation (another biblical word) will not incite secularists, humanists, atheists and the irreligious to petition the General Assembly to devise a new and neutered state emblem.”

Of course, to incite is exactly what Conley wants. Conley adventures through history like Nicholas Cage in National Treasure, ferreting out the secrets that our state’s founders embedded as secret codes to modern day Catholics assuring them that despite our pretensions to separation of church and state, in truth, some are more equal than others.

Of course, these fantasies are all beside the point. Our state flag was formally adopted in 1897, not 1663 as Conley implies. The word “Hope” and the anchor symbol were on the Rhode Island state seal and incorporated into the flag over two centuries later. As Howard M. Chapin wrote in “Illustrations of the Seals, Arms and Flags of Rhode Island,” the motto, “Hope” is “likely” inspired by the verse in Hebrews, but there is no definitive evidence to that effect. (Personally I believe it was inspired by the verse, but I would never state it as definitively as Conley does, and he’s the professional historian, not me.)

The only thing Conley’s incomplete and self-serving flag day piece will incite in “secularists, humanists, atheists and the irreligious” is despair: Despair in Rhode Island ever finding a historian laureate more interested in history than his own laurels.

RI House to hotel workers and PVD City Council: screw you


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DSC_9459 Final TallyLast night the Rhode Island House passed a measure in the budget that would eliminate the ability of cities and towns in Rhode Island to set their own minimum wage. Though the bill was targeted to stifle a proposal before the Providence City Council, Representative Ray Gallison, chairman of the House Finance Committee, inserted the new state mandate into the budget bill, which effectively cut off any debate or public comment.

In an effort to combat that proposal, Rep. Maria Cimini, a Providence progressive, introduced an amendment that would allow voters in the city to set the minimum wage by ballot initiatives. But in a curious turn of events withdrew her measure after Rep. Michael Chippendale, a Foster Republican, asked if the language as written would allow cities and towns to lower the minimum wage to $2 an hour.

In response, Cimini asked that Gallison’s bill be taken out of the budget and voted on separately. More debate followed, but the conservative, pro-business members of the General Assembly passed Gallison’s measure 57 to 17. This with no real debate and no public comment. Democracy in action.

DSC_9418
Rep Anthony Giarrusso

Along the way jokes were made, several reps pretended to understand economic policy and an exciting night of politics was had by all.

Somehow though, it was forgotten that the entire reason for Gallison’s bill, the entire reason this was being discussed in the General Assembly at all, was because a small group of hotel workers, men and women working long hours for little pay and less respect, dared to believe that their democratically-elected government might work for them, instead of for the powerful forces of money and business.

DSC_9369 Mattiello
Speaker Mattiello

One can imagine the panic on the faces of the new leadership in the House as they realized that people were rising up and demanding economic policies and laws that benefited the many over the few and the have-nots over the haves. One can further imagine the smug look of satisfaction that passed over their faces as they crafted a plan to take away the tiny amount of political power these working mothers and fathers had access to.

DSC_9384 Gallison
Ray Gallison

After all, how dare someone who has never had the money to donate to a political campaign believe that the system will work for anyone except the rich, the entitled and the well-connected. With a laugh and a smile and barely concealed contempt for everything these working men and women have attempted, Speaker Nicholas Mattiello and the Rhode Island House of Representatives stomped on the rights and the dreams of good people suffering crippling poverty as if it were the most common and expected thing in the world.

Because, sadly, it is.

DSC_9409
Michael Chippendale
DSC_9387 Lima
How many dollars should workers receive?
DSC_9419 MacBeth
Voted against raising working mothers out of poverty.
DSC_9404
Voted for the workers.
DSC_9415
Voted against fair wages.
DSC_9378 Ferri
Voted for the workers.
DSC_9430
Voted against working mothers.
DSC_9373 Tanzi
Voted for the workers.
DSC_9450
Voted for working mothers.

Aaron Renn: Rhode Island dead


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Because I'm dead...

Because I'm dead...I’d love to say that Aaron Renn’s recent hit piece in City Journal is total trash, but it’s not. While I dispute his basic thesis that “progressive policies” have caused Rhode Island’s problems, I agree that…we got problems. I also agree with some of the reforms he suggest, think some are hogwash and have other alternatives of my own. [Skip to / read to the end to learn what the headline is all about…]

This essay is a critique of Renn’s piece, not a takedown. Your Frymaster hates to disappoint, but I gotta call ’em like I see ’em. Granted, this piece is badly skewed to the audience—Righty. Normally, Renn is thoughtful and realistic. (WARNING: some kinda horrible ad thingee might happen if you scroll that homepage.) Even shilling for Righty, he makes some solid points.

That said, I have three basic criticisms:

  1. He cites taxation statistics without analysis; that is, he never asks, “Why did this seem like the best thing to do?”
  2. He cherry-picks his sources and, by error or ignorance, fails to make important connections.
  3. He wrongly asserts that progressive policies or “unions” are responsible for many egregious abuses and failings, when cronyism and corruption are clearly the cause.

Taxation without analyzation

Early on, Renn gets at the various tax lists where RI is a negative standout—business rates, total state and local burden, etc. You know the list. But he fails to spend a single word on how this state of affairs came to be.

If there’s one thing you should know about taxes in Rhode Island, it’s this: the taxes we’re NO LONGER collecting are the real problem. Our tax structure is woefully outdated in that it is predicated on a manufacturing economy. If we had even 20% more manufacturing, just the sales taxes alone would largely heal our fiscal problems.

That’s right: sales tax.

Few who don’t run their own business that deals in hard goods know that the sales tax covers the sale of any physical object by anybody in RI to anybody EXCEPT for direct resale. That means that any raw material, component or subcomponent was taxed at each step in the supply chain up until the finished good went from manufacturer to wholesaler to retailer. The forge that cast metal gearing paid sales tax when they sold the components to watch-maker Spiedel. This is much like the value-added taxes in Europe.

This still exists today, but because so much manufacturing has left the state and because so little of the manufacturing supply chain that remains is exclusively within Rhode Island’s tiny borders, this accounts for a much smaller portion of total state revenues.

As this contribution decreased, other contributions filled in the gap. Thus the General Assembly raised business taxes and personal income taxes, and when the GA eventually cut state aid, municipalities raised property taxes.

Were there other options? Could legislators have chosen some other path? Indeed, and I’ll cover that in the section on reforms.

Also—and this really is an glaring oversight—Renn fails to connect the high tax structure to the obvious fact that Rhode Island is located in the one of the most expensive neighborhoods in the US. Everything costs a lot.

Plus, the climate degrades our infrastructure in all the worst ways. With a giant salt water bay in the center of our small land mass, all the steel decays more rapidly. No state but possibly Delaware or Hawaii has a higher percentage of its major infrastructure in close proximity to salt water. And neither of those states has a winter like we do!

Long story short: the GA didn’t create this tax structure to kill businesses. We got here for many, many reasons.

It’s the people who make place

Renn’s audience for this piece is a national network of free-enterprise conservatives, so basically, they have no idea who any of the quoted people actually are or what the various agencies do. In brief, they’re clueless on the specifics. But he should have figured that someone in Rhode Island would read this thing and call him on his errors of commission and omission.

The first individual Renn quotes is Rob Atkinson, former director of the Economic Policy Council. This is notable not for the person but the agency. The EPC has been gone since around 2008, and more’s the pity. Then-governor Don Carcieri eliminated this highly-competent group, giving their policy planning authority to the Economic Development Corporation over which the governor had much more control. And I guess we all know how that turned out…

A bit later, Renn quotes Hasbro Chairman Al Verrecchia and Banneker CEO Cheryl Sneed, putting them off as business people who must navigate the byzantine regulations of anti-business Rhode Island.

What he leaves out is that both Verrecchia and Sneed sat on the EDC board of directors. In fact, Verrecchia was chair. (Or chair pro-temp as the governor was the chair.) Both of them voted in favor of the 38 Studios loan guarantee. So perhaps we take their input with a grain of salt.

There’s a theme here, and it’s Don Carcieri. As governor, he was a disaster. Despite overseeing an enormous economic boom, his eight years in office yielded a net LOSS of jobs. We lost every job we gained and them some.

Worse than that, there were jobs we could have created that Carcieri and Verrecchia directly blocked. These would be jobs in residential solar installation, an industry that Carcieri fought aggressively. As a result, Rhode Island is miles behind our neighbors in installed capacity. And, if you can believe it, the GA may actually try to roll back some of the recent gains. (Indeed, as Renn says, “in Rhode Island, bad ideas are bipartisan.”)

The real problem is cronyism

Here, Renn gets off to a good start, but fails to put the pieces together. It could be he doesn’t see it, but I know he’s smart. So that leaves shilling for ol’ Righty as the most likely cause. Whatevs…

He rightly points to corruption in the state’s earliest days, and follows it up through the 20th century. Oddly, he refers to the previous GOP regimes as a “Tammany Hall-style political machine” but never uses that term for the Democrats who held sway since 1935.

And this—as every long-suffering Frymaster reader knows—is the essence of the problem. Republicans or Democrats, it really doesn’t matter. A machine is a machine is a machine, and the machine is going to do its machining until it gets taken apart.

So it seems disingenuous for Renn, who’s usually so thoughtful, to pin a blatant case of insider corruption involving the North Providence Fire Department on “union might.” Union or no, cronies take care of cronies. It’s what makes them CRONIES!

Granted, there has been a high level of shenanigans associated with certain public employee unions and irresponsibly favorable contracts. But here Renn overreaches in claiming that unlike the first two centuries of corruption that plagued Rhode Island, now it’s because of unions.

One other beef

I have other issues with this piece, but I’ll only bore you with one. Renn cites RI as having the most land-use regulations, but he fails to mention that we also have the LEAST LAND. With a sensitive salt water bay that suffers from nearly every bad development decision, restrictions on land use show good stewardship.

Also, if these regulations prevent development, how is it possible that the economic boom of the 00’s was predominantly due to housing construction? Rhode Island’s boom was above average and our bust was above average, a fact Renn seems not to know.

Reforms: Renn’s and mine

Renn offers several reforms, and some have merit. Amazingly, he doesn’t advocate cutting the sales tax, instead targeting loopholes in the unemployment tax that give breaks to favored industries. Specifically, seasonal tourism is an industry built on scheduled layoff, yet they pay in much less than they take out. That kind of nonsensical cronyism should be the target of every Rhode Islander.

He points to Quonset Business Park as a model for development, but seems to miss the most salient point of differentiation. Yes, it has ready-to-build parcels. Yes, it has a streamlined regulatory/permitting regime. But it also has this: competent management!

Good management is far too rare at all levels of government in Rhode Island (see above, EDC), and that needs to change. Renn even says that Quonset “smartly self-financed port improvements…” When you can put “smart” in any sentence about actions taken by even a quasi-governmental agency in RI, it’s something special.

Predictably, Renn says RI should “reduce the size of government,” not mentioning that it is already badly hollowed out. If only he had suggesting “realigning” government to reduce overlap and put human resources where they’re needed, he might have been on to something.

His biggest miss, in my opinion, is in his “politically palatable” “grand bargain” on revenue-neutral tax reform, in which income taxes are modestly raised on top earners in exchange for business-tax reform…” First, revenue-neutral is not good enough; RI needs revenue.

More importantly, his “grand bargain” isn’t very grand; it’s tinkering at the edges. To really fix the revenue/expenditure equation, RI needs to seriously consider more radical ideas:

— Levy a business services tax in phases, say 0.5% per year for four years. A 2% tax on services would be insignificant to most transactions but would yield a large amount of revenue

— Build a toll on I-95 even if it means going to war with US DOT; Renn condemns RI for its poorly-maintained infrastructure but mentions neither the single most obvious fix nor the reason it is not in place today

Musical coda

In lampooning the famous “I never leave Rhode Island” meme, Renn quotes the URI fight song thus:

We’re Rhode Island born,
and we’re Rhode Island bred,
and when we die,
we’ll be Rhode Island dead

I doubt quite seriously that these two songs are connected in any way, but I can’t let that go without…

Rhode Island Dead by Rhody’s own…the adorable…Benny Sizzler!

Happy Memorial Day, or why tourism works for RI


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South County’s dramatic seasonal switchover happens this weekend.

A father and son vacationing at East Beach go fishing at dusk, Aug. 2013. (Photo by Bob Plain)
A father and son vacationing at East Beach go fishing at dusk, Aug. 2013. (Photos by Bob Plain)

Parking lots from Wickford to Westerly, vacant all winter, will fill with nicer-than-average cars bearing out-of-state plates. Those same cars will help turn otherwise rural routes 1 and 4 into a twice-a-day traffic jam. Every errand will take twice as long. All of a sudden it costs money to go to the best beaches. And your dog is no longer welcome.

For the next 90 days or so, we have to share our coastal paradise with the rest of the world. It’s really a tiny price to pay to get to live in one of the most beautiful corners of the country. “You should see it in September,” a Rhode Islander will inevitably say to someone visiting for a week in July.

With about a fifth of the state’s population, South County is essentially Rhode Island’s company town. The beaches are the Ocean State’s factory. And our chief export is an amazingly healthy and renewable resource: rest, relaxation, good times and memories.

Oakland Beach in Warwick.
Oakland Beach in Warwick.

Tourism is Rhode Island’s second biggest industry. It contributes billions annually to the economy and is responsible for almost 10 percent of total employment. It plays to our natural strengths and is a historically strong driver of growth here.

After the Ocean State unsuccessfully tried to boost business by cutting taxes and giving money to a baseball player to develop a video game, Democrats running for governor are beginning to understand tourism’s importance here. Providence Mayor Angel Taveras and General Treasurer Gina Raimondo both recently released plans to reinvigorate the vacation sector.

“A progressive government understands that our tourism industry is more than an amenity – it is crucial to economic development and to Rhode Island’s economic recovery,” said Taveras in his plan to invigorate the tourism economy.

The old Shooters building at the top of Narragansett Bay has inexplicably been vacant for years. (Bob Plain)
Tourism fail?: The old Shooters spot at the top of Narragansett Bay has been vacant for years.

“Tourism can be an incredibly powerful engine of economic growth, and Rhode Island is ideally suited to take advantage of it,” Raimondo said in her tourism proposal released in April.

Each offered similar bullet points to boost out-of-state visitors. Improve infrastructure, market the state better, support the arts and entertainment.

“Our tourism economy is a driving force in our sense of pride and sense of place,” Taveras wrote. “We have so much to be proud of in Rhode Island. It is time to let the world know.”

Sand Hill Cove, 2010. (Bob Plain)
Sand Hill Cove, 2010. (Bob Plain)

They each said they could create thousands of new jobs.

Raimondo, who often invokes her family vacations to Sand Hill Cove in stump speeches, said Rhode Island “on the whole spends less on investing in tourism and travel than almost any other state in the country.”

No wonder the Ocean State is mired in a recession! Rhode Island made big bets on tax cuts and Curt Schilling to grow our economy when perhaps we would have been better off doubling down on our natural and historical strong suit: tourism.

We may be the smallest state in the nation, but there’s no good reason we can’t also be America’s best destination.

beavertail
Looking west towards South County from Beavertail State Park in Jamestown.

Clay Pell: ‘progressive values are Democratic values’


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clay pellClay Pell may boast a lot of liberal street cred in the Democratic primary campaign for governor, but when he paid the RI Future newsroom a recent visit he shied away from being defined as the progressive in the race. Or even drawing a distinction.

“Progressive values are Democratic values,” he told me, “and that’s why I talk about being a Democrat, and beliving in core Democratic values. I believe the party should be about helping people who want to be a part of the middle class.”

In a pretty wide-ranging 25-minute interview, my big take-away is that Pell sees himself as a change agent for Rhode Island who will focus on improving public education, perhaps looking to build on his grandfather’s legacy.

But what I really wanted to know was why should one support him rather than Angel Taveras, the progressive mayor of Providence from whom Pell has siphoned crucial liberal support. Here’s what he told me when I asked him:

Rhode Island’s path to economic strength involves building on the industries that play to the Ocean State’s natural strengths like maritime-related business, Pell said.

As is the case whenever one speaks with a candidate for office, some of our conversation veered off into the real of platitudes. But I must admit, I really like his idea of a future Rhode Island.

And I really liked how he showed a strong commitment to restoring state aid to struggling cities and towns.

You can listen to our whole conversation here:

Debating RI’s future: Moving away from knee jerk negativity


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Power of Place Summit adIf you’re like some key local pundits and bloggers, you believe that Rhode Island is a hopeless economic and political basket case that can’t seem to do anything right.

At Grow Smart RI, we think this conclusion is as off base and dangerous as the notion that Rhode Island is performing up to its potential—to the point where no major public policy changes or new investments are needed to improve our economic performance.

Why “Hopeless” Rhode Island is a Myth

Let’s pretend for a moment that the Ocean State is actually a total economic and political basket case. The following would not be a reality:

  • Attracting the world‘s largest distributor of organic foods (UNFI)
  • Emerging as a national center for world-class brain research
  • Gaining a national reputation for facilitating business startups
  • Attracting national acclaim for coastal resiliency planning
  • Moving rivers, railroad tracks, and highways to revitalize and visually enhance our major city
  • Our capital city of Providence having a vibrant food and music scene, which contributed to its recent distinction as #1 on Architectural Digest’s “Best Small City” list.

You would agree that—while this list is not exhaustive by any means—all of these indicators validate and radiate what our state motto claims: there has, and always will be, hope in Rhode Island.

Playing to Our Strengths

Despite these and other signs of progress and competence, Rhode Island today, with its relatively high unemployment and underemployment rate, is a major economic underachiever that has tremendous untapped economic and social potential.

Among the assets that we can leverage and capitalize on much more systematically and aggressively are:

  • Our outstanding collection of historic buildings and neighborhoods
  • Our well positioned deep water ports and harbors
  • Our good fortune to have more college students per capita than almost any other state in the country; with highly ranked design, research, culinary, oceanography, and business schools, as part of the vibrant local mix
  • Our compact size and development patterns
  • Our easy access to diverse natural resources and beauty
  • Our strategic geographic location within a day’s drive of more than 40 million people and
  • Our distinctive urban rural balance as the 2nd most urbanized and 16th most forested of the 50 states

Our 2014 Power of Place Summit: Positioning Rhode Island for an Economic Renaissance 

Grow Smart RI is convening a broad cross section of more than 500 Rhode Islanders on Friday, May 23rd at the RI Convention Center to learn from one another how to play more effectively to these and other strengths.

By doing so, we’re challenging ourselves to go beyond the negative headlines and the superficial whining that dominates too much of life in the Ocean State today.

We will learn from each other: exploring successful smart growth policies, partnerships, and projects that are already working to move our state forward, as well discussing those that have the potential to do the same.

And we will be sending a clear message regarding our economic woes: that while a sense of urgency is warranted and can serve as a catalyst for solutions—one of hopelessness and desperation is unwarranted and counterproductive.

The dialogue about Rhode Island’s future needs more balance, and more connection to reality vs. knee jerk negativity. We intend to push the dialogue in this direction, even if it requires confusing some people with the facts.

If you’re willing to move beyond stewing to doing, join us on May 23rd at our 2014 Power of Place Summit. [REGISTER HERE]. We look forward to seeing you there.

GOP’s Luis Vargas: Just wrong on history, church and state


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Luis A. Vargas, the new Director of Strategic Initiatives for the RI GOP has been tasked with “spearheading” the new initiative, “‘Oportunidad para Todos,’ aimed at reaching out to Rhode Island’s Hispanic population.”

It is difficult for the GOP to make significant inroads with the Hispanic population, as the conservative, anti-immigration policies mostly favored by that party tend to alienate potential voters. So what can a young, conservative pre-law Roger Williams University student highlight about the Republican Party that might appeal to Hispanic voters?

Religion, of course.

This seems like a good bet, because the GOP has benefited in the past from the crass exploitation of religious values, courting voters on divisive social issues such as reproductive and LGBTQ rights even as they ignore the deeper issues of economic and political injustice. Part of this strategy has always involved denying certain historical truths about United States history, one of the biggest being:

This was in response to the Humanists of Rhode Island’s announcement of the Day of Reason. Think about this for a moment. This guy wants to be a lawyer, but he does not understand one of the essential building blocks upon which our country was founded. As legal scholar Garret Epps wrote in the Atlantic:

The words “separation of church and state” are not in the text; the idea of separation is. Article VI provides that all state and federal officials “shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be  required as a qualification to any office or public trust under the United  States.” The First Amendment’s Establishment Clause… provides that “Congress shall make no law respecting an establishment of religion”–meaning that not only no church but no “religion” could be made the official faith of the United States. Finally the Free Exercise Clause provides that Congress shall not make laws “prohibiting the free exercise” of religion. (These prohibitions were extended to state governments by the Fourteenth Amendment, whose framers in 1866 wanted to make sure that the states maintained free, democratic systems instead of the old antebellum slave oligarchies that spawned the Civil War.)

More insultingly, Vargas goes to a University that is named for the man who first coined the phrase! More from Epps:

In 1644, the American theologian Roger Williams, founder of the first Baptist congregation in the British New World, coined the phrase to signify the protection that the church needed in order to prevent misuse and corruption by political leaders: “The church of the Jews under the Old Testament in the type and the church of the Christians under the New Testament in the antitype were both separate from the world; and when they have opened a gap in the hedge or wall of separation between the garden of the church and the wilderness of the world, God hath ever broke down the wall itself, removed the candlestick, and made his garden a wilderness.”

As to Vargas’s second contention, that “our government isn’t secular,” that’s equally ridiculous. If our nation isn’t secular, then it must be religious. If it is religious, then what religion is it? No fair saying “Christian” because Christianity isn’t a religion, it’s a label for a set containing many different beliefs all of which are considered to be inspired by Jesus. This set includes Catholics, Methodists, Baptists, Evangelicals, Jehovah’s Witnesses, Mormons, Congregationalists and many more, perhaps too numerous to count.

The reason all these contesting Christianities can get along (and get along with members of other religions and yes, get along with those of us who have no religion) is that we live in a country that grants no favor to one form of religion at the expense of another. All these different forms of belief and non-belief exist within a secular framework, our government.

If, as Vargas maintains, our government is not truly secular, then it is malfunctioning. That’s where groups like the Humanists of Rhode Island and the ACLU come in. We fight for freedom of conscience, religious liberty, and a secular world in which all are free to believe as their conscience dictates.

This is not the end of Vargas’s foolish pronouncements. He also denies that our country is a democracy, preferring to call it a Constitutional Republic instead. Of course, the word democracy is not in conflict with the ideas of a Constitution or a Republic, but Vargas doesn’t care about things like facts. When pressed, Vargas presents a strict definition of democracy as “one person one vote” and makes up a brand new term to describe our government. We are not a democracy, we are “an accommodating republic.”

Got it. If you can’t win on the merits try to blind ’em with bullshit.

It’s often said that you’re entitled to your own opinion, but not your own facts. Hopefully, as Vargas continues his education, he’ll gather more facts and revise his opinions.

One final point:

Pandering to religion isn’t the sure bet it once was. A new Pew Poll reveals that 18% of Hispanics are religiously unaffiliated. The Catholic Church is hemorrhaging Hispanic numbers at a rate that suggests that in the very near future most Hispanics will not be Catholic, even if most Catholics are Hispanic. In light of such polls the GOP might think about crafting policies that benefit potential voters rather than pander to their religious biases, but I wouldn’t count on that happening. It’s much easier to hire someone like Luis Vargas, who wears his religious bigotry on his sleeve as he tweets out such beauties as:

Vargas is obviously a great, forward thinking addition to the RI GOP team.


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