Former ConCon delegates agree: It doesn’t work


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Delegates from the 1986 Constitutional Convention recalled their experiences and urged against convening another convention in 2016 from the steps of Garrahy Judicial Complex where several ConCon meetings were held in the 1980s. The three speakers were united in their opinion that the ConCon is not the tool for tackling issues of governmental reform, and in fact does pose a threat to civil liberties. Further, a new ConCon will almost certainly be captured by special interests, in much the same way the last one was.

Lila SapinsleyLila Sapinsley, former delegate to the 1986 Constitutional Convention and former Senate Republican Minority Leader, said:

“In 1986 when a Constitutional Convention was approved I eagerly ran for delegate. I naively thought that if delegates ran without party labels the convention would be free of politics. However, my hopes were dashed when I saw that since candidates ran from House districts, the convention was a mirror image of the House of Representatives. Delegates, if not directly connected to party leaders, were family or friends. The Speaker of the House controlled the convention. If delegates to the 2015 convention are elected by existing electoral districts we will again have a duplicate of the legislature. Let’s concentrate on electing better representatives and forget about an expensive duplicate of the General Assembly.

Roberto GonzalezEast Providence resident Roberto Gonzalez, also a former delegate, stated:

“The 1986 convention was hijacked from the citizens of Rhode Island. While some delegates deliberated in good faith, the outcome of the convention had been predetermined by the then-powerful House Speaker, who was in turn controlled by the same special interests that have controlled House leaders in recent history. Many, if not most of the delegates, were family or friends of those in power. It was never a convention of the people to improve government, but rather a convention of special interests. I am sure that if the good citizens of this state choose to have another convention, the exact thing will happen. Instead of debating good government amendments, the convention will become bogged down with a plethora of polarizing social issues such as gun control, abortion, voter ID, and immigration. There is nothing to stop the delegates from putting measures on the ballot that will reverse or dilute the civil rights gains that have been so difficult to obtain.”

Tom IzzoTom Izzo, another former delegate, said:

“The process of electing delegates alone impacts the potential for a ‘purer, freer and more open deliberation’ – a process where, while non-partisan, does not allow for a real vetting of the candidates’ qualifications. In most instances–though not running–sitting representatives hold inordinate sway, and special interests can leverage their greatest influence. These special elections, as in most primaries, have a very low voter turnout, and candidates must depend on these special interests to get elected. While there were a few positive outcomes from the last convention, I do not believe the time, the financial cost, the potential negative impact on civil rights, and most importantly the virtually unlimited impact of special interests, especially in light of recent rulings regarding campaign spending, warrants or justifies the calling of another convention.

There is no reason to think that a Constitutional Convention held today will be any different from the 1986 experience, and a number of reasons to think that the results of a new convention will be worse. Since 1986, the influence of money on politics has exploded. The present Speaker of the House is no less powerful than his 1986 predecessor, and is potentially more powerful. No changes have been made to the selection process of delegates that might prevent a convention from being hijacked again.

Promises from proponents that this Constitutional Convention will be different are meaningless. They have no more control over the proceedings and outcomes of a ConCon than I do. Across the country, no state has held a ConCon since the one held in Rhode Island in 1986, for all the reasons the former delegates outlined above.

Why should Rhode Island be the only state not to learn from its mistake?

Make Mattiello ex-speaker of the House


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No Nicholas Mattiello
No Nicholas Mattiello
Why is this man Speaker?

I didn’t vote for him. Chances are you didn’t either. He ran unopposed in his district (won with 1,145 votes). He wasn’t elected to be Speaker of the House by the people. He was elected by a frightened RI House of Representatives. You know who I’m talking about.

Nicholas Mattiello is the Speaker of the Rhode Island House of Representatives  for about five minutes. He was “elected” by the other state reps following the abrupt down-in-flames resignation of Gordon Fox. It was a battle fought for about two minutes, with some of the blame going to the Providence Journal for tweet-reporting that the “election” was sewn up before the votes were actually counted.

But Mattiello doesn’t have to be The Speaker. He can become the “Former Speaker.”

Power not derived from the people

Last time I checked, Rhode Island was still considered a democracy. We elect our representatives to serve us at the state capitol.

In the past, sometime prior to the start of the session, they gather in a back room and “elect” a new speaker. There are 75 representatives, so it only takes 38 votes to dominate the state for the next two years. Promises are made. Threats are made. And then the person who’s been called the most powerful politician in the state emerges bathed in glory.

The first order of business is the approving of the Rules of the House, and as soon as that’s done, our duly elected representatives give away all their power to The Speaker, and beg his highness for favors. Then they do what The Speaker says, or else they’re exiled.

Then The Speaker holds a fundraiser and becomes the richest legislator in the state. He controls the calendar. He controls the purse strings. He makes the Governor dance and twitch. He wants something to pass, it passes. He wants a bill to die in committee, it dies. He da man!

This is not democracy. This is an anointed dictatorship. 

Dump Mattiello

It doesn’t have to be that way. From now until the opening of the legislative session, there is a brief moment when the way things have always been can change. The rules can change. And The Speaker… can be someone else.

During the brief “race” for the current Speaker, I seem to recall Michael Marcello saying that he felt that The Speaker didn’t actually have to win every vote… GASP!

Yes, it may be comforting for a state rep. to delegate all his or her power to someone else. And yes, all the lobbyists on Smith Street know where to funnel their efforts and cash.

But does it really benefit Rhode Island to have an anointed dictator in charge?

  • 38 Studios can be directly attributed to the power of The Speaker.
  • Payday Lending? Why is that even legal? Oh, right a former Speaker is the lobbyist.
  • Sudden reversal on high stakes testing because The Speaker changes his mind. (I happen to like this outcome, but the process stinks.)
  • All those last-minute late night bills that pass can only happen when The Speaker suspends the rules.
  • And on and on…

State Reps can change the cycle of abuse

To all the state reps out there. We just elected you.

You were elected to serve the people. The power of The Speaker undermines your power as a Representative. All the plans you have, the things you want to get done… What if they could happen with out having beg and plead or to bend over and give favors in return?

Whatever promises or threats have been made to you, they’re all smoke right now. Whatever promises you’ve made, revoke them.

Fortune Favors the BoldDon’t give away your power. Don’t be intimidated by bullies. There is a moment of possibility here.

Un-Speaker Mattiello. Dump him. Make him “Former Speaker.” Elect a new speaker who will listen and work for the citizens rather than the lobbyists. Change the rules of the house.

And then govern well.

P.S. If you’re not a state rep, you can call or email your newly elected or reelected State Rep and say, tell her or him #No Mattiello

CORRECTION: A previous version of this post said “The last three speakers were either indicted, convicted or are currently under investigation.” This is incorrect and has been removed.

Nick Mattiello cowers to corporate interests


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The article, House speaker outlines state’s economic priorities, in the Providence Journal started badly. Paul Grimaldi wrote,

“The newly elected speaker of the house told a roomful of business people Thursday that fixing the state’s fiscal problems is his priority.”

mattiello2I didn’t vote for Mattiello for speaker, nor did you. He was “elected” by a bunch of frightened representatives after just a few days of discussion. There was no political campaign, no public discussion. Yet he’s the “elected speaker”?

And he’s talking to a group of “business people” at a Chamber of Commerce breakfast in the Kirkbrae Country Club. He’s reassuring them. Why? Because he’s counting on their contributions to his campaign and any political action groups he might be setting up in the wake of Gordon Fox’s resignation.

In the article, Mattiello says that 38 Studios was one of the biggest debacles in the country’s history.” Really? Did he miss the Real Estate Bubble? The Dot.Com implosion? Stock Market Crash of 1929? Teapot Dome? 38 Studios has been and remains a huge sucking chest wound in Rhode Island’s economy, but it’s not the worst thing that’s ever happened in the US, not even in the state. Remember the Credit Union crisis?

But, having recently returned from a visit to the Bond Rating Folk in New York, Mattiello claims that we have no choice but to repay our “Moral Obligation.”

Let me reframe that little trip as a school yard scene…

Roger the Rocket wants a new video game! He doesn’t have enough money to buy the game, and Wally the Banker won’t lend him the money. But Little Rhody, who wants to be Roger’s friend, and thinks he’ll be able to play the game too, promises to pay Wally the Banker back if Wally will lend Roger the Rocket the money.

Wally loans Roger the money. Roger loses it on his way to the store. Roger can’t pay, but Wally says that Little Rhody has to pay.

Little Rhody doesn’t know what to do. Rhody didn’t have the money either! So Rhody goes to Wally the Banker’s friend, Bondy, who gives out grades of A, B and Junk, and ask them for advice. 

What do you think Bondy told Little Rhody to do?

Juvenile? Yes. Simplistic. Yes. Realistic? Startlingly so.

But the bad news is that the article keeps getting worse. Mattiello is telling these business people everything they want to hear. He’s going to lower corporate taxes. He’s going to raise the estate tax threshold.

One proposed bill, whose “nuances” he refused to discuss, would shift the way corporations taxes are assessed, from property, payroll and sales to just sales. In theory, this would increase revenue (presumably because they’d increase the taxes on corporate sales?), but in reality it looks like another big tax break for CVS. Think about it. What’s the biggest corporation in this state with the most employees and the most property?

Poor Little Rhody doesn’t know what to do. The rich kids all have so much money. Rhody wants to play in their playground. Maybe if Rhody will do whatever the rich kids say, then Rhody will be popular and have money too!

What do you think Rhody will do?

Scott Guthrie, Spencer Dickinson support Mattiello


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Rep. Scott Guthrie, D-Coventry
Rep. Scott Guthrie, D-Coventry

Coventry Rep. Scott Guthrie said he is supporting Rep. Nick Mattiello for speaker because “a couple people pissed me off.”

He said he initially contemplated caucusing with the group supporting Rep. Mike Marcello, but at the outset that group didn’t even know who it would put forward as the candidate for speaker.

“There was no one they had a name for,” he told me this morning. “If you have a name you can build a team around a name.”

He also said the group was “cutting deals here and there.”

“I like Michael but now it’s going to turn into silly season,” Guthrie said. “Do we have a smooth transition and do the people’s business? All this is is politics for the next election.”

South Kingstown Rep. Spencer Dickinson, another occasional ally to the progressive movement, said he too is supporting conservative Democrat Nick Mattiello.

“I began by supporting O’Neill or Lombardi, but lack of sign-on by the progressive wing made those choices unavailable,” he wrote on his Facebook wall. “I believe that if you had been with me for the last 72 hours, and seen what I have seen, you would have made the same choice.”

On my Facebook wall, Dickinson, a vocal critic of Gordon Fox and his leadership team, wrote: “Plausible intel that the Ucci Blazejewski team (that later grafted on Marcello as speaker) actually started out as the team of horses that was to keep [Frank] Anzeveno in power. Mattiello put a credible stop to that and that’s one reason why he will be the next speaker.”

Dickinson has long been at odds with the previous leadership group.

Speaking to the Speaker


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State House Dome from North Main Street
State House Dome from North Main Street
The State House dome from North Main Street. (Photo by Bob Plain)

Winners in political races have it easy. They thank everyone and move forward. The Silver Medalists analyze what went wrong and fade into the shadows. Is it possible to write a post-election column as the loser and not sound self-serving, shrill or sour? I’m going to do my best.

From the beginning, this race was about the way that the legislature hasn’t been working effectively for the citizens, voters and taxpayers.

My analysis of the way the system functions is this:

  • On Election Day, 75 men and women are voted into the Rhode Island House of Representatives.
  • Shortly after that a number of them meet. They horse trade over issues and bills and power. Then they determine who will be the Speaker. You’re either on the team or you’re off.
  • In January, the 75 Reps vote on the Speaker and the Rules of the House. Currently, these rules give the Speaker the authority to set the agenda and move legislation on and off the floor at his or her discretion
  • And for the next two years, all of the Reps who are not part of the “Leadership” beg for scraps and line items. The true outsiders get nothing.

The system, as a voter in Mt. Hope said, isn’t broken. It works great for those in charge. But it doesn’t work so well for Rhode Island. We, the people, elected you to be our Representatives, not to give away your power.

The deals that representatives make are supposed to be in the best interest of the state as a whole, not the special interests and campaign donors. Payday lending rates of 260% annual interest are usurious and unjustifiable.  Votes on social issues, like Marriage Equality, ought to be held early every session rather than suppressed.

Our State’s business climate is not just dependent on tax rates, tax breaks and loan guarantees. Your business should not depend on the whim of a Speaker and the uninformed consent of the Legislature.

Our children should not be educated in a system that is overhauled in the middle of the night on a budget vote with no public debate, discussion or even planning. Children need more than institutions and buildings, they need books and materials. Students need more than testing, they need teachers who have the time and permission to teach them on their own terms.

I hope that my challenge to Gordon Fox reminds him, and every other Speaker who follows, that the power that they wield derives from the people.

You are not in charge. We are.

RI Future, Gordon Fox Serve Those in Charge


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In two of his recent Progress Reports, Bob Plain, the editor of RI Future, posted comments that trouble me on several levels.

It’s unlikely Binder will knock Fox out of office, but he could help move him back toward the left side of the political spectrum. Or he could do just enough political damage to make it hard for him to retain the Speaker’s gavel, which might not be a good thing for progressives…
—Bob Plain, RI Progress Report

Fox is more conservative than we’d like in a Speaker and Binder is less experienced than we’d like in a state Representative. Practically speaking, wheen factoring in both of these circumstances, the House of Representatives probably moves to the right if Binder were to upset Fox.
—Bob Plain, RI Progress Report

This logic remind me of what a Mt. Hope voter said to me recently:

“I don’t think the government is broken. I think it’s working just fine for those who are in charge.”

Unlikely?

As I’ve been knocking on doors throughout my district, the reception I have been getting is warm and congratulatory. People smile and thank me for running, especially against Gordon Fox. Then they say, “Do you think you have a chance?” I answer quite honestly, “If you and all the people you know vote for me, then I will win.”

Fox moves left?

  • 38 Studios: A deal brokered by Michael Corso, a Fox business associate who profited at the expense of the taxpayers. Shoved through in a typical late night session with little debate. Representatives on the floor of the house deny that they knew that the $75 million was slated for a baseball players dream team. Even now, Gordon Fox flip flops on whether he knew/didn’t know before ramming the bill through.
  • Payday Lending Reform: 50 State Reps co-sponsored a bill to reduce payday lending from 260% to about 36%. Bill Murphy, a former Speaker, was paid $50,000 by an out-of-state payday lending company. The bill died in committee. Fox said that the bill had been watered down. Why didn’t he just put the straight bill on the table?
  • Marriage Equality: Civil unions are not enough. Maybe when Fox made his great compromise he thought that they were. If so, why have only 52 couples opted for the watered-down civil union option in the past two years? Since then Fox has promised to pass marriage equality but continued to duck his responsibility and avoid wielding his power to bring this black and white issue to a vote. Why? Because it protects Conservative Democrats, and it might fail. Boo hoo.
  • The Midnight Education Merger: At the beginning of 2012, Fox promised no last minute votes. He broke that promise, and one of the results was the mashup of the Board of Regents and the Office of Higher Education. Asked in a debate why, he shrugged and said, “We have to try something.” No public discussion, no debate. From the folk I’ve talked with one in the elementary schools or universities want to be under the thumb of the same organization. George D. Caruolo, another former Speaker, will have a good job.

Where is the Progressive in these issues?

Political Damage?

Our legislature is dominated by fear. The Reps and Senators give away their power at the beginning of the session to the “leaders” and then beg for crumbs.

They cower in fear in the halls of the legislature and then crow when the leaders give them a line item in the budget or let one of their proposals rise from the black hole of committee. They whisper and confer and suspend the rules and vote on bills that most of them haven’t read.  This is called “hardball politics.”

How’s that working for our state? The other day at the gym, a guy on a treadmill joked that every year the legislature passes lots of election bills because they always seems to benefit the legislators.

What else benefits the legislators? They get campaign contributions from special interests, and then submit bills, vote on bills and push bills through that benefit those special interests.

And it’s all out there in the public record.

  • Gordon Fox collected $7,200 in contributions from auto repair shops, just 90 days before he pushed through a controversial auto insurance bill that benefitted those shops at the expense of consumers.  Thankfully, the Governor vetoed the bill.
  • The law firm Adler Pollack and Sheehan raised $7,300 for the Speaker.  Shortly after that, they got the contract from the Joint Committee on Legislative Services to defend the gerrymandering in the legislative redistricting plan in court.
  • And as recently as September 5th, the Speaker hauled in $5,900 from the lobbyist for the car wash industry and a number of car washes.  That came just months after the Speaker rammed through a last minute budget proposal to exempt car washes—an only car washes—from the Governor’s expanded sales tax.

Are these really all coincidences? Who benefits from contributions to Gordon Fox’s $200,000+ campaign slush fund? Voters? Taxpayers?

Was this a move to the right or the right move?

Meanwhile, Fox has bought into the Conservative dogma that raising taxes is bad for business and good for government. And he’s given the Casinos a sweetheart deal that means taxpayers will have to loose three times as much at table games as they do at the slots just for the State to break even on what it gets now.

How’s that all going for us?

Is Speaker Fox retaining the gavel really doing the Progressives any benefit? Is having Gordon Fox in the House benefitting the people in District Four?

I think it’s clear that our “representatives” haven’t been working for us. They have been working for each other and for their special interests.

In Gordon Fox’s case, he’s been working hard  for his business associates, former Speakers, and for the campaign contributors. For the people in his district? Not so much.

I will be honored if you vote for me, and help knock them out.

Bad Week for Gordon Fox


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It’s not a great week to be Gordon Fox. As his leadership team is literally crumbling around him, his political opponent Mark Binder is stepping up his campaign.

Problems with Fox’s leadership team have been mounting for weeks now. Two of the most conservative members of the team lost in primaries: Peter Petrarca and Jon Brien. And, John McCauley, who recently pleaded guilty to two tax-related felonies, isn’t running for reelection.

Then yesterday, Whip Patrick O’Neil resigned.

In a letter to Fox, O’Neil said he was stepping down, in part, because, “there are glaring signs that the leadership team is neither working together to bring about real change not has a clear plan for addressing the issues this state is facing.”

O’Neil, by the way, was the highest ranking legislator to support tax equity legislation last session – and he’d love to be the next Speaker.

All this as former friend and ally Jeff Britt is now running Binder’s campaign.

Binder, a frequent RI Future contributor, has a piece in the ProJo today which makes a pretty pointed accusation of Fox: “Again and again, the speaker uses his power to rule by fiat and whim.”

He cites Fox’s inside information about the 38 Studios deal, the strange and silent death of the popular payday loan bill and the surprise of the budget bill this year: consolidating the board that oversees elementary and secondary education with the one that oversees higher education.

About that last example, Binder writes:

Despite a promise to present legislation in an “orderly” manner to help the house “fully vet and consider the information” at the close of the session, Gordon Fox and his Band of Merry Men rammed through the mash-up of the Board of Governors for Higher Education and the Board of Regents for Elementary and Secondary Education into a single committee. No public discussion, no debate about its merits or potential problems. Just put it in the budget and vote for it.

And Binder says he will turn over evidence to the State Police showing that House spokesman Larry Berman is illegally serving as Fox’s campaign spokesman as well. Some of Binder’s evidence that Berman is doing work for Fox’s campaign includes reports from this website, as well as many other media reports.

Every political reporter in Rhode Island knows Berman, technically the spokesperson for the Speaker’s office, is also the de facto spokesman for Fox’s campaign. I’m not even sure if Fox has an official campaign spokesperson outside of Berman.  If David Cicilline did as much, who by the way has a separate campaign spokesperson from his congressional staff, you’d likely see many more pixels devoted to it.

Fox did manage to eek out some positive press this week too. At the ProJo’s Publick Occurrences forum last night, Alix and Ani CEO Giovanni Feroce made an off-color comment not unlike Mitt Romney’s 47 percent comment. Here’s the ProJo’s coverage of the exchange:

Just as the two-hour event started winding down, things heated up between Giovanni Feroce, CEO of jewelry company Alex and Ani, and House Speaker Gordon Fox. Feroce, who had complained earlier that the nation “has created a work force that doesn’t know how to work,” went even further in response to a question from the audience, saying, “I don’t understand when it became fashionable to not work.”

Fox responded that 59,000 Rhode Islanders aren’t out of work because they’re “lazy and shiftless” but rather because the state has failed to connect them to jobs.

“If we do a better job connecting them,” said Fox, “we will create the best products in the world.”

RI Needs to Learn from Mistakes of 38 Studios Deal


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To the 379 people who just lost their jobs, I want to say something that no one responsible for this turn of events is going to say: I’m sorry. I doubt that will make you feel better, but I think it needs to be said, by someone. You moved yourself and your families down here, you put your work into an artistic endeavor, and I’m glad you work in an industry that is so good as to reach out to you immediately (although I hear that unless you work for Valve, your work hours are crazy). I wish you luck, and I hope you create great things in the future.

That said, the politics behind this whole thing has been atrocious. It was championed by both the former Gov. Carcieri and House Speaker Gordon Fox, which despite their different partisan labels, found some common ground in it. It displays that there is now a reckless disregard for the very real impact of the decisions that happen in the State House on the people of Rhode Island.

Everyone with an iota of power who is involved in the direction of this state needs to spend the summer discussing what’s happened over the last two years, what failed, what worked, and what needs to be done. I don’t care if you want to kill each other at the end, as long as it makes you more effective. The citizens of Rhode Island are more important than your feelings, and they deserve better.

To the officers of the General Assembly, please remember these cheery facts: in 20 years, people will have difficultly remembering your names. In 40 years, only historians doing research will. Your personal prestige needs to be subsumed into the idea that you need to make the best decision for the state.

No one should want you to fail. No matter your political affiliation, the issue is that you need to be the best you can be. And right now, you’re not. I don’t have the answers, and I can’t tell you how to do your jobs (though I think doing them full-time and for reasonable pay wouldn’t be a bad idea).

There was a lot riding on 38 Studios that shouldn’t have been. But this deal was opposed by the people of Rhode Island, and the more I compare the polls to the actions of our government, the more I wonder whether Smith Hill just lives in a different state.