Page 9 – RI Future

August 15, 2016August 26, 2016

Leader DeSimone’s legal skills help wage thief

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House Majority Leader John DeSimone is also a lawyer and one of his clients is Chung Cho, a restaurant owner who was fined for wage theft in Connecticut and, more recently, faces a lawsuit for allegedly stealing wages from his employees at Gourmet Heaven in downtown Providence.

“Defendants are without sufficient knowledge or information to admit or deny that plaintiffs were employed by Gourmet Heaven,” wrote DeSimone in a court filing on behalf of Cho.

Cho is facing a lawsuit from eight workers in Rhode Island for unpaid wages in violation of the minimum wage and overtime provisions of the federal Fair Labor Standards Act and the Rhode Island Minimum Wage Act. The eight workers are being represented by Robert McCreanor and Marissa Janton of the RI Center for Justice. Gourmet Heaven, which Cho recently sold, has been the center of several public demonstrations.

In Connecticut, Cho was charged with “42 felony and misdemeanor counts of wage theft, larceny, and defrauding immigrant workers after a 2013 Connecticut Department of Labor investigation found that Cho owed over $218,000 in unpaid wages” to two dozen restaurant employees, according to a court filing.

The Center for Justice initially filed its lawsuit in February, 2015, after “several requests for extension of the deadline for filing responsive pleadings”. DeSimone filed Cho’s legal response to the Rhode Island lawsuit on May 11, 2015. About a week later, on May 20, 2015, Cho sold Gourmet Heaven to GSP Corp for half a million dollars. At least some of the transactional paperwork for this sale was prepared by DeSimone.

GSP Corp had come into existence about a month earlier, on April 9, “listing 173
Weybosset Street … as its address and Dae Hyun Yoo as its registered agent,” according to the lawsuit. Gourmet Heaven was incorporated at this address, which is also where the restaurant is located. “Dae Hyun Yoo (aka David Yoo) is the Chief Executive Officer of B.C.S. International Corporation (B.C.S.), a wholesale food supply company,” according to the filing. “While operating Gourmet Heaven, LLC, Defendant Chung Cho regularly ordered inventory from B.C.S. and two of its subsidiaries, Hyun Dai International Food Corp and New York Cheese Corp.”

After the sale was finalized on September 14, “$225,389.11 of the $500,000 purchase price was paid directly to B.C.S., Hyun Dai International Food Corp, and New York Cheese Corp, purportedly to satisfy existing debts.” In the closing statement, Chung Cho is listed as receiving only “$1,620.78 from the $500,000 purchase price” after other debts were settled.

In response to this “sale” (quotation marks are included in the complaint) the Center for Justice amended its complaint to include GSP Corp as a defendant., believing the “sale” is merely an attempt to evade liability. GSP Corp hired Brian LaPlante and Michael J Jacobs as lawyers and have moved to have the complaint against them dismissed. A judge will hear the motion on September 20.

Selling the business and pleading poverty to avoid responsibility seems to be Cho’s signature move. One month after he was arrested in Connecticut, he sold his Connecticut Gourmet Heaven stores to Good Nature Café Inc, which was incorporated the previous October.

After selling his Connecticut stores, “on September 30, 2015 Defendant Chung Cho filed for personal bankruptcy in Connecticut,” says the complaint, “In December of 2015 Defendant Chung Cho testified at a hearing in Connecticut that he has no assets, contradicting a previous sworn statement that he possessed between $1 million and $10 million in assets.”

Back in Providence, on September 16, 2015, GSP Corp took over operation of the store located at 173 Weybosset Street, and renamed it Serendipity Gourmet. “The store continues operation at the same address, with many of the same employees, and sells the same products. The signage on the store uses the same font and colors, and the word ‘Gourmet’ still appears in the name. Signs on the exterior of the store proclaimed that it was ‘under new management.’”

In March of this year, GSP Corp applied for a new food dispenser and holiday sales license with the Providence Board of Licenses for their newly minted Serendipity Gourmet. The board’s attorney is Louis DeSimone, Representative John DeSimone’s cousin.

Voters should know when the people we elect to represent us also defend the monsters who oppress us. Anybody being sued deserves legal representation, but using slick legal moves to avoid paying workers their earned wages is simply gross.

DeSimone is facing a challenge to his House seat from Marcia Ranglin-Vassell.

DeSimone did not respond to requests for comment.

August 15, 2016

Clinton is not a ‘lesser evil’

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A recent RIF post got us into a “lesser evil” discussion about Hillary Clinton. While I disagree with her about a few issues, that doesn’t make her “evil.” Its bad enough the right-wing attack machine has smeared Clinton for so long, calling her “crooked” even though determined, relentless investigations going back to Whitewater, Vince Foster, Travelgate and more have never found anything crooked. For liberal/progressive sites to pile on is crazy.

I think there is no doubt Clinton will defend medicare/medicaid/social security, defend the medical insurance expansion of the ACA, stand up for reproductive freedom, the Iran nuclear deal, rights for immigrants, labor, the LGBT community, appoint reasonable Supreme Court justices, and maybe expand gun background checks, child care and family leave programs if Congress allows. Trump and the GOP will do the opposite on all of the above.

Of course Clinton is not perfect. I don’t trust her on trade, she may approve high levels of immigration that depress wages, she has been too quick to intervene in foreign countries such as Libya and Honduras. But she and Obama did try to wind down the wars in Iraq and Afghanistan, resisted pressure to do more military stuff in Syria and Iran, and are being criticized for that and for not doing even more killing in opposing ISIS. So I can’t see how putting these GOP critics in charge who got us into Iraq in the first place will do us any good.

On taxes, Trump is a mainstream GOP trickle-downer, proposing the end of estate taxes, big corporate and personal income tax reductions. We’ve been down that road, it would further transfer wealth to the 1%, further starve government programs. Clinton wouldn’t do that.

On the environment, Clinton would likely continue the mixed record of Obama while Trump and the GOP would be all in for coal and oil and fossil fuels, they even say they are. Clinton would resist the GOP assault on pubic land and on wildlife. And Transport Providence of all people should appreciate the Democratic support for bikes, transit, and trains (by the way, VP choice Tim Kaine promoted downtown Richmond passenger rail revival when he was Mayor), the national GOP wants to eliminate all Federal support for that.

Clinton is not a pacifist, socialist, or radical, so those that are have legit reasons for not backing her, but it still doesn’t make her “evil.” Not being in those categories, I see it as an easy choice to back Clinton, and not just because of Trump. Still, in Rhode Island we are so used to civil and reasonable Republicans who often back needed good government programs and watchdog excessive spending, we can forget the extremism of Trump and the national GOP these days.

I also frankly value the idea of finally electing a woman as President. Eight years ago plenty of progressives said that about a first black President, but its not cool to say that now about a real chance to elect the first woman.

As for the interminable e-mail stuff, nobody cared that previous GOP Secretaries of State used a private e-mail server at times, and rightfully so. While Clinton was ill-advised to do this, it doesn’t make her “evil” it is just a political attack point which Sanders himself thought was a distraction.

To sum up, though far from perfect, she is a reasonable and decent choice to support for President.

August 13, 2016August 16, 2016

Linc Chafee pushed DEA to reconsider cannabis

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The federal government might be comfortable equating marijuana to heroin, crack and meth, but Rhode Island isn’t. At least it wasn’t when Linc Chafee was our governor. The Drug Enforcement Administration’s recent headline-grabbing decision to keep cannabis as a Schedule 1 drug was the result of a request from the Chafee administration in 2011.

In a July 19 , Chuck Rosenberg, the acting administrator of the DEA, wrote, “On November 30, 2011, your predecessors, The Honorable Lincoln D. Chafee and The Honorable Christine O. Gregoire, petitioned the Drug Enforcement Administration (DEA) to initiate rulemaking proceedings under the rescheduling provisions of the Controlled Substances Act (CSA),” . “Specifically, your predecessors petitioned the DEA to have marijuana and “related items” removed from Schedule I of the CSA and rescheduled as medical cannabis in Schedule II.”

The DEA, it should be noted, disagreed, writing to Raimondo, “Based on the HHS evaluation and all other relevant data, the DEA has concluded that there is no substantial evidence that marijuana should be removed from Schedule I.” It cited three main reasons: “Marijuana has a high potential for abuse. Marijuana has no currently accepted medical use in treatment in the United States. Marijuana lacks accepted safety for use under medical supervision.” An editorial in today’s New York Times proves false each of those three reasons. The DEA was also responding to a request from the governor of Washington and a citizen of New Mexico.

While governor of Rhode Island, Chafee signed legislation to decriminalize less than an ounce of marijuana. But he declined to push Rhode Island to become the first state on the East Coast to tax and regulate marijuana. As a presidential candidate earlier this year, there was some reason to believe Chafee was considering campaigning as a pro-pot candidate after he said his position on full federal legalization would “evolve during the campaign.”

Governor Raimondo has taken a similar tack on taxing and legalizing marijuana as Chafee did during his tenure. “I could see Rhode Island eventually getting there, but I’m not going to rush,” she said in March. On medical marijuana, she pushed legislation that added a per-plant tax to patients who don’t grow their own.

According to a spokeswoman for Raimondo, the governor doesn’t plan to pursue the matter with the DEA any further. “This petition was submitted during the prior administration, so the governor does not plan to respond to the letter,” said Marie Aberger, who did not respond to a question asking if Raimondo thinks marijuana should be considered a Schedule 1 drug.

Rhode Island has the highest per capita marijuana users in the nation and a recent poll found 55 percent of Rhode Islanders favor legalization. A different poll found 53 percent of Americans favor legalization.

August 12, 2016August 12, 2016

The #MaybeHillary movement

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#NeverHillary is a bit too flippant to me. The point of an election is to pressure a candidate, and get results. We have gotten some movement in the right direction, thanks to Bernie Sanders. Still, for many voters, there are still significant reasons not to want to cast a vote for Hillary Clinton. Instead of yelling “Never Hillary!” let’s take a more nuanced stance. It’s time for #MaybeHillary.

The #MaybeHillary movement is open to the idea that voting for a lesser evil is sometimes the right thing to do, but also seeks to push that lesser evil candidate to the maximum that is possible within the political situation. People who say that that’s already been done are ignoring Hillary Clinton’s very right-leaning (and sometimes rightwing) foreign policy stance, and her tepid stances on climate change.

The #MaybeHillary movement is also open to considering the relative strength or weakness of a Republican challenger. It should be agreed that we can’t allow a rightwing Republican like Donald Trump into office, but part of that equation should be constantly fine-tuning our assessment of just how likely his election is. With Republicans fleeing Trump for Clinton or sometimes even Gary Johnson, there is increasingly an opening to push Clinton to make sure she keeps and extends her progressive message.

The #MaybeHillary movement is also one that supports the idea of flexible strategies to reflect the differences of various states. Yes, it’s true that voting is a collective action, as Samuel G. Howard states, but in 2012, Barack Obama held Rhode Island by 27 points. Jill Stein would have to take that support, without Donald Trump losing any votes at all to the Libertarians, in order to act as a spoiler. And in a world where the Green Party did well enough to take 27 points of an election– even in a blue state– the political conversation on the Wednesday after election day would be one to look forward to.

Saying #MaybeHillary means not being aggressive and nasty to people who are voting for Clinton, because in an election like this one, who can blame voters for not wanting Donald Trump? Saying #MaybeHillary means being open to switching to Clinton if she satisfies enough major progressive pledges (for me, the two I think are most sorely missing are her foreign policy and climate change positions, but you can fill in your own in the comments section). Saying #MaybeHillary means having the kind of conversation with voters that can energize them to press the candidate for more in a viable way. The #NeverHillary movement shuts down conversations, and so does shaming people for voting their consciences. Let’s get people activated around issues, hold Clinton accountable, and get what we need.

August 11, 2016August 26, 2016

Department of Health hears testimony on Burrillville power plant

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The Rhode Island Department of Health (RIDOH) held a public comment hearing in Burrillville Tuesday to solicit opinions on the potential health effects of building Invenergy‘s proposed $700 million fracked gas and diesel oil burning power plant. RIDOH has been tasked by the Energy Facility Siting Board (EFSB) to create a non-binding advisory opinion on potential public health concerns relating to the project, including but not limited to biological responses to power frequency, electric, and magnetic fields associated with the operation of the power plant, and the potential impacts on the quality of drinking water associated with the construction and operation of the plant. The final report is due in early September.

RIDOH has released a first draft of their report, which was consumed by Burrillville residents opposed to the plant. Much of the public comment centered around the idea that RIDOH wasn’t taking into account the compounded effects of the gas infrastructure in and around Burrillville but was instead concentrating on the proposed power plant by itself.

Perhaps the most dramatic moment of the evening came when Stephanie Sloman rose to give her testimony.

“I had a whole speech prepared,” said Sloman (see video #20 below), “but I noticed that Invenergy’s sitting over there, and I refuse to speak and read my speech in front of these people. I don’t think they should even be here, frankly.”

The evening’s meeting was made harder on residents of the town because at the same time as this meeting there was a meeting of the Harrisville Fire District and Water Board. This meant that some people (including me) had to run out to the other meeting and then return to the RIDOH hearing, still in progress.

Several Burrillville residents noted that Governor Gina Raimondo, during her visit to Burrillville in July, recommended that residents get involved in and trust the process. That seems awfully hard to do when two important meetings are scheduled at the same time .

Below is all the video from the event.

August 11, 2016August 26, 2016

Attorney Sinapi denies conflict of interest

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About a half hour before Tuesday evening’s Harrisville Fire District and Water Board meeting started, attorney Richard Sinapi was engaged in semi-private conversation with board chair Ronald Slocum and vice chair James Scotland Sr inside the meeting place. Sinapi was apparently selling Invenergy’s idea to open a new well in Harrisville to cool its power plant to the commissioners, essentially telling them that Harrisville would lose out on $10 million if they did not accept the deal.

I arrived at the meeting site about a half hour early. Outside was Burrillville resident Robert Woods. Woods is a recently appointed member of the Burrillville Planning Board. An outspoken critic of Invenergy’s $700 million fracked gas and diesel oil burning power plant, he recently recused himself from planning board business concerning Invenergy out of “an abundance of caution.”

Woods told me he could see inside the building, where Harrisville attorney Richard Sinapi was talking to the chair and vice chair of the Harrisville Water Board. The door to the offices were locked but after knocking, Woods and I were let in. Attorney Sinapi, as seen in the video, was engaged in conversation with two members of the board.

“I don’t know what plan C is, it’s very secret,” said Sinapi, “All I know is that it’s a lot more expensive than the ten million dollars… So… It’s ten million dollars.”

“Gentlemen,” said Robert Woods, “it seems like this is a little out of order, no? The meeting hasn’t started…”

“I’m the attorney, the meeting hasn’t started,” said Sinapi, “and there’s no quorum.”

“I realize that but you shouldn’t…” began Woods, before Sinapi wheeled around on him.

“There’s no quorum, and the meeting hasn’t started yet,” snapped Sinapi, “and I’m the attorney.”

“I realize you’re the attorney,” said Woods, “you’re talking about that to members of the board, I don’t know, I’m not an attorney but it just seems a little out of order to me, that’s all.”

“You’re entitled to your opinion,” said Sinapi.

“That’s why I’m voicing it,” said Woods.

Fifteen minutes later, and about ten minutes before the start of the meeting, Sinapi took another commissioner into an office, where he could be seen speaking privately. What they were talking about is not known.

The laws governing open meetings are complex, but on the face of things, Sinapi seems to be correct. His advocacy on behalf of Invenergy’s proposal does not seem to have violated the Open Meetings Act. Certainly there was no quorum, but if Sinapi was having this conversation with multiple commissioners in small groups over time, it might constitute what is called a “rolling quorum.” But of course, I’m no lawyer.

There are, however, other considerations at play. Many Burrillville residents have told me that they feel that Sinapi should have recused himself, since he is not only the lawyer for Harrisville, he is also the lawyer for the New England Mechanical Contractors Association. In that capacity Sinapi has apparently advocated for Invenergy’s power plant at the State House.

In his capacity as Harrisville’s lawyer, should Sinapi have been advocating for Invenergy’s proposal to the water board? Sinapi says that there is no conflict of interest. I spoke to Sinapi by phone. He maintains that in his capacity speaking for the Mechanical Contractors Association at the State House, he was working to “defeat a bad bill that would be bad for business, not to support or oppose the power plant.”

In his capacity as attorney for Harrisville, Sinapi says his job is to protect the Harrisville water supply and the financial integrity of the water board. If “Invenergy brings water into town, through a pipeline,” said Sinapi, “it could render the Harrisville supply redundant. We provide half the water to Pascoag.”

While he had me on the phone, Sinapi wanted to correct me on two points. I listed the Harrisville Water Board vote against Invenergy’s proposal as 5-1 (and the ProJo reported it as 6-1) but Sinapi claims the vote was 5-2 in favor of turning Invenergy’s offer down.

Sinapi’s other objection to my piece was my contention that a lawyer for the Harrisville Water Board “should have known” more about MTBE than his testimony at the State House seemed to indicate. According to Sinapi, water containing up to 40 parts per million MTBE is acceptable for drinking. In Connecticut, up to 70 parts per million is acceptable. Though MTBE is dangerous, said Sinapi, “it’s not like Benzene or something.”

August 11, 2016August 18, 2016

J. Goodison employees fight to form a labor union

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In an attempt to convince management to recognize their efforts to form a labor union, employees of J. Goodison held an early-morning rally outside of the Quonset ship repair business.

“We need a union because of the respect that we need and the unity that we need and because of the good salary that we need,” said David Ozuna, who speaks little English and used a translator to communicate with the media.

So far, 32 employees have signed union cards with the International Union of Painters and Allied Trades, District 11. They are primarily sandblasters and hydroblasters, though they perform a variety of chores for Goodison, which does work primarily for the federal government. Sandblasters remove paint from boat hulls. The paint is often highly toxic and sandblasting itself can cause permanent skin and/or eye injuries. It’s very difficult and dangerous work that takes a toll on a body. Starting wages for these workers is between $10 and $12 an hour.

“They don’t give us the safety and the protection that we need to do our job,” said Osuna.

More than 30 workers, in addition to an equal or greater number of union organizers and progressive activists, held court on the Quonset-area road leading to Goodison starting at 6:30 this morning. They chanted, gave motivational speeches and, using a megaphone, implored company officials – who watched the action from afar – to negotiate with the workers.

“The company is going to try to divide you,” said union organizer Sam Marvin. “They are going to try to divide the strength you are showing today. The important thing is you have to be strong today, you’ll have to be stronger tomorrow and you’ll have to be stronger the next day. But you’re going to win this campaign and we’re going to be there with you.”

Another organizer said, “There are two ways the company is going to fight: with fear and with lies. You are going to win with solidarity and the truth.”

One woman who said she came on behalf of her church said, “What you are doing is hard, it is a struggle, but it is of God.”

State Representative Aaron Regunberg, who came from Providence to stand with the workers, said, “I am proud to join you all this morning. I am proud of all the workers who are standing up today to say you deserve better. You know they are not going to give you what you deserve, you have to win it. This is what the labor movement is all about. Keep fighting until you have what you deserve.” He told the employees that there are many in the General Assembly who support their struggle.

So far, 32 Goodison employees have signed union cards, said Jobs With Justice organizer Mike Araujo. There are 55 total employees at Goodison and about 40 have expressed interest in forming a union, he said. The employees and Jobs With Justice have been asking management to voluntarily recognize their union and they plan to file for an election this week, Araujo said. After they file for the election, they have two weeks to hold a vote. If a majority of employees vote for a union, Goodison then has one year to negotiate a contract with the union.

According to the company’s website: “J. Goodison Company was founded in 1999 and incorporated in 2001. It is a veteran-owned small business that has grown from its humble beginnings as a father and son operation to an organization that supports 30 full time employees and an additional 25-50 skilled labor and trade subcontractors. The Company’s list of clients includes but is not limited to government clients such as the U.S. Coast Guard, the U.S. Navy, NOAA, and the U.S. Parks Department. Similarly, the commercial clients list includes Senesco Marine, Boston Towing & Transportation, and Electric Boat to name a few. J. Goodison Company holds a GSA Contract and 9 Multi-Year IDIQ (Indefinitely Delivery Indefinitely Quantity) contracts with the U.S. Coast Guard.”

August 10, 2016

Ranglin-Vassel, Walsh call on state to fix Canada Pond dam

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Progressive legislative candidates Marcia Ranglin-Vassell and Moira Walsh are imploring the state to “act with urgency” on a distressed dam that could destroy parts of their Providence districts if it fails.

The state Department of Environmental Management said the Canada Pond dam near the north of the city is a “significant hazard” that could damage the neighborhood if it breaches. According to a recent article in the Providence Journal about the dam: “a collapse could unleash a wall of water along Route 146 that would swamp Branch Avenue, which handles about 15,000 cars a day, and undermine power lines that carry electricity from a generating station in Massachusetts to a substation in Providence.

“Most of it would barrel down the railroad tracks along State Street to Canal Street and empty into the Providence River downtown. Part of it could be expected to split off near the Home Depot on Charles Street, sweep south at Route 95 and follow the railroad tracks downtown.”

“I cannot understand how this threat was allowed to reach this point,” said Ranglin-Vassell. “Right now, my neighbors are at risk. Our community needs leaders who take proactive action, rather than waiting until people are in danger of getting really hurt. It is stunning to me that my opponent has represented our threatened area for decades and yet, to my knowledge, has never made any attempt to organize a response to significant safety threat. I call on city and state officials to take all possible precautions and immediately begin working either to fully repair the dam or fully remove this hazard to our community.”

Walsh said, “I was born and raised in this neighborhood, and for as long as I can remember, it’s felt like our community has gotten the short end of the straw when it comes to city and state services. But I never imagined that would extend to actually leaving us in danger of being in the path of a broken dam. This neighborhood needs elected leadership that will stand up and fight for our families, even when it means taking DEM, the city, and the state to task and forcing them to treat matters like this with urgency. It’s unfortunate that the people currently in charge don’t seem up to the task, because there is nothing more important than the safety of our community. When I am state representative I look forward to putting that safety first.”

Ranglin-Vassell and Walsh are two of the many up-start progressive campaigns running against more-conservative, establishment Democrats. Ranglin-Vassell is challenging House Majority Leader John DeSimone, whom the Rhode Island Progressive Democrats filed an ethics complaint about yesterday. Walsh is running against Tom Palangio.

August 10, 2016

Grim Wisdom talks with Jeanine Calkin

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After a long break, the Grim Wisdom Podcast is back. In this week’s episode, I sit down with RI State Senate candidate Jeanine Calkin to discuss her candidacy, economic inequality, the slow heat death of American journalism, and the cynical hypocrisy of her opponent. Oh, and we also talk about climate change and economic development. Enjoy the bleakness! :)

August 10, 2016August 26, 2016

Sierra Club seeks clarification from Elorza on LNG statement

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The Rhode Island Sierra Club has responded to Mayor Jorge Elorza‘s statement on National Grid‘s proposed liquefaction project for Field’s Point in the Port of Providence.

“The Rhode Island Sierra Club is glad the Mayor has publicly agreed to not offer any subsidies to National Grid related to the LNG liquefaction project in Fields Point. We would however urge him to clarify whether his definition of subsidy also includes Tax Stabilization Agreements and if it doesn’t, we would would ask him to take the same strong stance against those type of subsidies and end TSA negotiations immediately.

“While Elorza is correct in saying the decision will ultimately be made by FERC, we would argue his assertion, ‘the city will have little input into that decision’ is false. The mayor can’t abdicate his responsibility on this. Local officials can be hugely influential on Federal decisions. An outcry from public officials immensely helped in 2005 when a similar project was ultimately denied. Not sending in a letter, like the one nine Providence legislators sent to FERC last week, is a statement and a betrayal of his rhetoric on climate change.

“At the absolute minimum, we would ask the mayor to join the thousands of residents, and many businesses, environmental, community and religious organizations in signing the NoLNGinPVD campaign’s petition letter to FERC.

“The mayor also needs to hold the City Council accountable and ask them to follow through on their resolution to provide wide-scale public involvement, on which no action has been taken. They resolved to host meetings between National Grid, Dept. of Health, DEM, Coastal Resource Management Corporation and city residents, and city residents deserve nothing less.”

August 10, 2016August 26, 2016

Invenergy loses bid for Harrisville’s water

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The Harrisville Fire District and Water Board voted 5-1 to turn down Invenergy’s offer to purchase water to cool it’s proposed $700 million fracked gas and diesel oil burning power plant in Burrillville. Thunderous applause broke out in the Assembly Theater, where the meeting had to be held to accommodate the nearly 100 people in attendance.

The road to the no vote was Rhode Island political theater at its finest, with the Harrisville District attorney, Richard Sinapi, taking on the role of villain in the piece.

Sinapi is not only the attorney for Harrisville, he’s also a lobbyist who has testified at the State House in favor of the proposed power plant. He represents the New England Mechanical Contractors Association. In this capacity, on May 25 he testified in favor of the power plant and against Rep. Cale Keable’s bill to give the residents of Burrillville a vote on any tax treaties the Burrillville Town Council might negotiate with Invenergy.

At the House Committee on Environment meeting Sinapi suggested that choosing to purchase a home near an existing pipeline means that one should expect a power plant to be built nearby, just as choosing to live near the airport in Warwick means that one should expect runway expansions and jet noise.

Sinapi also suggested that since we live in a republic, people should not expect a democratic vote on things like power plants being located next door to their homes, they need to understand that their representatives will decide for them, and that they do not have a choice in the matter.

It was on the subject of water, however, where Sinapi made his most egregious comments at the House Environmental meeting in May. “Well 3A has in fact been shut down. It was shut down because it was not suitable for potable purposes. You cannot drink that water. It’s contaminated with MTBEs. However, you can wash with it, you can bath with it. You can’t consume it. That water, that contamination, is 16 years old.”

This is of course completely wrong. MTBE contaminated water cannot be used for washing or bathing, by court order. The water will irritate the skin and there is an unpleasant “sweet smell” to the water as well. Sinapi, a legal advisor to the Harrisville Water Board, should have known this.

At the Harrisville Water Board meeting Tuesday evening, Sinapi presented Invenergy’s pitch to the water board. He said that he and Harrisville became “involuntarily” involved in the Invenergy project after the Burrillville Town Council asked Harrisville to explore the possibility that drawing MTBE contaminated water out of well 3A might spread MTBE contamination throughout the aquifers. Sinapi did not mention his previous involvement as a lobbyist for the New England Mechanical Contractors Association at the meeting.

The offer from Invenergy was to build a pipeline from a well site in Harrisville to the Invenergy power plant site, at Invenergy’s cost. Sinapi presented the idea as an economic boon to Harrisville. The water drawn, said Sinapi, was, “not to exceed the capacity of the well.” Harrisville would receive about $10 million dollars in water sales over the life of the power plant.

Additionally, said Sinapi, if Harrisville did not accept the offer, Invenergy would move on to a “third option” which Sinapi described as more expensive for Invenergy. “I would like to emphasize,” said Sinapi, “they have a third option. It’s not just 3A, they have a third option.”

After Sinapi’s presentation, during the public commentary period, residents of both Harrisville and Pascoag asked, “What is the third option?”

“I’ve been told by two sources that they have a third option,” said Sinapi.

“You made it up, that’s fine,” said someone from the audience.

Under further questioning from Burrillville resident Donna Woods, Sinapi admitted that he has “no idea” what the third option might be.

When Burrillville resident (and candidate for Burrillville Town Council) Jeremy Bailey rose to speak, he said, “I have a an issue right now. Mr. Sinapi was paid $15,000 last year to represent the Mechanics Union, who wants the power plant… That’s a conflict of interest, and none of you [the Harriville Water Board commissioners] seem to be concerned with that… We have a state that’s so corrupt with non-transparency and not a single one of you really has a concern with it.”

No one on the board responded to Bailey’s concerns. Instead, they moved to vote.

The vote was taken, and Invenergy’s proposition to open a new well in Harrisville was turned down, 5-1.

August 10, 2016August 10, 2016

Public input needed on proposed changes to RI diploma system

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Hopefully many parents, teachers, and concerned RI residents are aware that the RI Council on Elementary and Secondary Education has proposed changes to the high school diploma system. They will host four public hearings in late August and early September, and also are accepting public comment in writing. Here is the link to the draft changes.

The meetings will be held Monday, August 22 at the Cumberland Public Library; Monday, August 29 at the Newport Public Library; Tuesday, September 6 at the Warwick Public Library; and Monday, September 12 at URI’s Providence Campus.

In addition to the dates and venues for the public forums, this document says that written comments can be submitted to Sonya Barbosa at Secondary@ride.ri.gov. One week ago, on August 1, I submitted the following email with my questions and concerns. I re-sent them two days later, when I realized that Ms. Barbosa might not have read through to the end of my email and not have realized that I requested a confirmation that my comments had been received and forwarded to the members of the RI Council on Elementary and Secondary Education and the members of the RI Board of Education. It is now August 8, and I still have not received an acknowledgement. Therefore, I am making my concerns public. I hope that this will inspire others to read the proposed changes, consider their impact, and provide a statement in person at a forum and/or in writing. The future of our students is too important to leave to the educrats to decide.

To: Sonya Barbosa, RIDE
Email: Secondary@ride.ri.gov
To the Members of the RI Council on Elementary and Secondary Education, and the Members of the RI Board of Education:

Thank you for the opportunity to express my thoughts on the proposed changes to the graduation requirements. As a retired teacher from the RI School for the Deaf, I have read through the proposed changes and considered how they would affect my former students and students in general across the state. I have several questions and concerns.

• As many of you may know, I have been an outspoken critic of the Common Core State Standards and the PARCC assessments, for many reasons. I was surprised to see on lines 70-73 of the proposed regulations that the definition of Common Core Standards had a strike-through of the entire paragraph. What does this mean, since the PARCC tests are based on the CCSS (and so are the PSAT and SAT), and students in grades 3-9 will still be expected to take the PARCC annually?

• Lines 305-307 state that as of 2017 LEAs may choose to include the state assessment or other standardized assessment as a graduation requirement. How does this mesh with the latest announcements from RIDE that 10th and 11th graders will no longer take the PARCC, and may optionally take the PSAT and SAT? This is purportedly for the purpose of guarding against over-testing.

Some districts have already made participation in the PARCC a graduation requirement as of 2017. Many RI parents and parents across the country have researched the PARCC ELA and Math assessments and decided that it is not is the best interest of their children to participate. Will RIDE accept the situation that students who have fulfilled all other requirements for graduation will not receive a diploma for not taking this flawed test? Will an exemplary student be denied a diploma in 2021 for refusing to participate in the PARCC Algebra 1 test in 8th grade, or the PARCC ELA test in 9th grade? We are soon entering the 2016-2017 school year. There is so much confusion around the diploma requirements across the state. RIDE keeps changing the recommendations, people assume that the RIDE recommendations are state-wide regulations, but districts can still decide otherwise. This situation is untenable.

• The major proposed changes to the current Proficiency Based Graduation Requirements seem to involve the Optional Commissioner’s Seal and the Optional Pathway Endorsement. These are alluded to in lines 446-464 as Council Designations. Yet the Commissioner’s Seal and Pathway Endorsements are not described in detail in the proposed changes. According to the “Proposal for a Revised Rhode Island Diploma System: Overview and Frequently Asked Questions,” developed as of May 20, 2016: http://www.ride.ri.gov/Portals/0/Uploads/Documents/Diploma-System/Regs_FAQs_v%202_5%2020.pdf

“6. Why don’t I see a reference to the Commissioner’s Seal or Pathway Endorsements in the proposed Secondary Regulations?

“The Commissioner’s Seal and Pathway Endorsements would be allowed under the proposed section L-6-3.3, which outlines the criteria for Council Designations. [L-6-3.4 says “Council designations” but does not outline them.] In order to stay current with innovative practices in the field, the proposed Secondary Regulations create the structure for the Council on Elementary and Secondary Education to name, define, and allow the Commissioner’s Seal and Pathway Endorsements at a later time than the initial vote on the regulations, and to review and revise these designations as necessary.”

It seems quite problematic to leave the specifications of these endorsements to the Council to determine at a later time. Will there be public input?

• Lines 466-479 discuss the alternate recognition of high school accomplishment, defined as a Certificate, which is not considered a high school diploma. It states that students with an IEP and modified proficiency standards [i.e. students who take the alternate assessment] may, at LEA discretion, be awarded a diploma. From my experience teaching at the RI School for the Deaf, students who took the alternate assessment had to meet very stringent criteria, and those criteria included significant cognitive impairment. Very few students at the school were eligible for the alternate assessment. Yet many of the students who had in actuality been successful throughout their academic careers at the school, but whose reading levels were considerably below typical for their grade level, were not eligible for the alternate assessment. Many students have additional learning disabilities, live in families who do not speak English, live in families who do not fluently communicate with them in sign language, and/or live in poverty. These students are capable of post-secondary level work, but might be denied a diploma depending on how the proficiency levels are set.

According to the Frequently Asked Questions mentioned above, the proposed diploma system is intended to be flexible enough to help students with disabilities and any students academically at risk by allowing schools and districts to set the proficiency levels for their students. Yet the schools are to be held accountable for preparing their students for post-secondary education and the workplace.

Who is to decide if the proficiency levels as determined by individual schools are reasonable and fair to all students with varying special needs, when this decision is left to the districts? Will there be comparability of proficiency levels from school to school within a district and between districts?

• At the RI Board of Education meeting on May 17, 2016 Commissioner Wagner discussed the menu of standardized assessments that might be approved for the Commissioner’s Seal endorsement. He said that these would be nationally recognized assessments and nationally recognized cut scores. Again, as a retired teacher from the RI School for the Deaf, I am deeply concerned about this. In my many years of experience teaching deaf and hard of hearing middle school and high school students, we had numerous students graduate and go on to post-secondary programs. Many went to Gallaudet (four year liberal arts college for the deaf) or to the National Technical Institute for the Deaf, affiliated with the Rochester Institute of Technology.

These programs for the deaf required the ACT as a college entrance test. However, cognizant that mastery of academic English is a challenge for many students deaf from birth or early childhood, these institutions set the cut scores for entrance considerably below that for non-deaf students entering post-secondary programs. This did not mean that the students had inferior aptitude, but considered their challenges, anticipating the appropriate supports they would be provided at the post-secondary level. Many of our students completed college and went on to satisfying careers. A nationally recognized cut score for the general population is not an appropriate hoop for all students to jump through to be recognized as prepared for college level course work.

At the same Board of Education meeting, the Commissioner explained that RIDE can factor into the districts’ accountability system the % of students that earn a Commissioner’s Seal or a Pathway Endorsement. If the RI School for the Deaf were to be evaluated by how many students achieve the Commissioner’s Seal as currently described, the evaluation would not accurately reflect the quality of the teaching and learning at the school.

• When asked by a Board of Education member at the same Board of Education meeting, “What resources will be provided to districts to accomplish all this? [i.e. the proposed diploma system], the Commissioner’s answer was: districts can adjust with advanced notice. The Commissioner is expecting an awful lot from districts if they are to accomplish personalized systems of pathways for every middle school and high school student with no additional resources. I hope that the Council will further consider the impact on districts of such a sweeping overhaul of the diploma system.

Thank you for considering my concerns. I would appreciate an acknowledgement that my concerns have been forwarded to the Members of the Council on Elementary and Secondary Education, and the Members of the Board of Education.

Sincerely,
Sheila Resseger, M.A.
Retired teacher, RI School for the Deaf

August 9, 2016August 9, 2016

House Majority Leader faces ethics complaint from RIPDA

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House Majority Leader John DeSimone is the latest Democrat to be hampered by allegations of improper conduct as the Rhode Island Progressive Democrats have filed a complaint with the Rhode Island Ethics Commission alleging the longtime Providence lawmaker was paid by an organization that benefited from legislative largess and that he failed to disclose back taxes he owed the city and state.

“Rep. DeSimone’s activities relating to United Providence mirror those of former House Speaker Gordon Fox and former House Finance Chairman Raymond Gallison,” said a news release from RIPDA. “Like former Speaker Fox, who was fined by the Ethics Commission in connection with the Providence Economic Development Partnership, Rep. DeSimone has failed to disclose legal fees received from a Providence municipal agency partnership. And like former Chairman Gallison, who was fined in connection to AEP, Rep. DeSimone has failed to disclose income received from an organization receiving significant annual state appropriations.”

United Providence was a partnership between the Providence School Department and the Providence teachers’ union, which employs DeSimone. The effort received grants for $100,000 from the legislature in 2013, 2014 and 2015. In 2016, United Providence was slated to receive another $100,000 from the legislature until it was learned the group had become defunct. DeSimone was the registered agent for United Providence when it was formed in 2011.

RIPDA is also taking issue with DeSimone’s failure to disclose back taxes he owned the city and state. DeSimone was late in paying the property tax bill on his Smith Street law office every year since 2008 and also on his home in the years 2006, 2009, 2014 and 2015, according to RIPDA.

“Because of his repeated failure to pay his taxes on time,” said the RIPDA news release, “DeSimone has regularly been thousands of dollars in debt to the City of Providence – a fact that he was legally required to report in his annual financial disclosure statements to the Rhode Island Ethics Commission, which calls for disclosure of all debts in excess of $1,000 ‘to any person, business entity, financial institution or other organization’ beyond a few specific categories. Yet DeSimone, in disclosure after disclosure, repeatedly failed to list this information.”

DeSimone also failed to pay his state taxes on time in 2012, according to RIPDA. “While DeSimone’s troubles with municipal taxes were widely reported on this spring, this state tax issue has not previously been covered,” according to the news release. “During the 2016 legislative session, DeSimone was the lead sponsor for legislation that would put a 10-year statute of limitations on the collection of state taxes.”

Said Nate Carpenter, communications director for RIPDA, “Ethics Commission disclosure statements are an important part of maintaining transparency and oversight in our state government. Mr. DeSimone’s voters, and the people of Rhode Island as a whole, have a right to know that their House Majority Leader has repeatedly been indebted to the City of Providence and State of Rhode Island because of his failure to pay his taxes, and that he has regularly received income from an organization receiving significant state appropriations. It is a very real concern that for so many years DeSimone chose to hide this information from the public by failing to honestly answer questions on his financial disclosure statements. This is a crucial matter for the Ethics Commission to investigate—especially considering the recent scandals we have experienced in Rhode Island along very similar lines.”

DeSimone could not immediately be reached for comment.

August 9, 2016

Hedge funds continue to hamper RI pension fund

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Click on the image to learn more about the Rhode Island Retired Teachers' Association. — Click on the image to learn more about the Rhode Island Retired Teachers’ Association.

Rhode Island’s pension fund lost money for the second straight year because of the hedge fund gamble Governor Gina Raimondo made when she restructured the system as the state’s general treasurer in late 2011.

“This is precisely what we predicted four years ago,” public pension expert Ted Siedle told Jim Hummel on WPRO recently.

The pension fund fell 5.9 percent – or $466 million – thanks in large part to a 6.94 percent decline in hedge fund assets.

Along with switching from a defined benefit-type pension to a defined contribution-style plan, the investment in hedge funds was the most controversial component of Raimondo’s plan to overhaul the state pension system. Siedle told Hummel, “The gamble has not paid off. It has been a massively costly gamble for taxpayers.”

According to Siedle, investments in hedge funds have cost Rhode Island $2 billion since Raimondo revamped the pension plan in late 2011, or $4,000 per taxpayer. Meanwhile, California, the largest public pension plan in the US, has stopped investing in hedge funds and New Jersey has taken $9 billion out of hedge funds. “But in your state,” Siedle said, “the losses continue to mount because of this reckless gamble that Gina Raimondo began and Seth Magaziner has continued.”

Siedle said the continued investment in hedge funds could have more to do with campaign contributions than pension solvency.

“This is a politically motivated decision to invest in hedge funds,” Siedle told Hummel. “This is about campaign contributions, this is about politics. This is not about investment theory or investment philosophy. You’ve got terrible performance but massive political donations. You figure it out.”

August 9, 2016August 26, 2016

Elorza: No city support for Grid’s LNG project

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2015-11-30-World-AIDS-Day-006-Jorge-Elorza-600x507 (1) — Jorge Elorza

Providence Mayor Jorge Elorza issued a statement affirming his opposition to public subsidies for National Grid‘s proposed liquefaction facility at Field’s Point in the Port of Providence.

“The City of Providence has a long standing commitment to sustainability that rivals top cities nationally,” said Emily Crowell, press secretary for Mayor Elorza, “With a goal of becoming carbon neutral by 2050, we are committed to moving away from fossil fuels and helping combat the global climate crisis. Ultimately, the decision on the LNG plant will be up to the federal government, however the City will provide no subsidies if the project moves forward.” [Emphasis added]

Elorza was strongly encouraged by the Rhode Island Sierra Club to come out against National Grid’s project. Their statement notes that the final decision will be made by the Federal Energy Regulatory Commission (FERC) and that the city will have little input into that decision.

August 9, 2016

RI state police force gets even whiter

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There are 27 new state police troopers this year and 93% of them are white men. There is only one Hispanic man and only one women among the new officers and not one African American. Given that 85 percent of state troopers are white (187 of 220 officers), Charles P. Wilson, chairman of the National Association of Black Law Enforcement Officers, has a problem with the diversity of the current class.

“We find it woefully disappointing that there was not even one African American included among the recent graduates,” he wrote in a letter to Governor Gina Raimondo about the racial disparity of new state police troopers. “Even more so when considering that, of the original 1,500 people who applied, there must surely have been more than two who were qualified.”

He added, “While it is fully recognized that there is currently a strong disconnect between the law enforcement community and communities of color in all areas of the country, it must also be accepted that this disconnect becomes more stringent when those who are sworn to protect the community do not reflect the makeup of the community.”

Wilson and the National Association of Black Law Enforcement Officers have been imploring Rhode Island police departments to hire more people of color since February of 2015. The Providence Police Department is one of the least racially diverse police departments in the nation, RI Future first reported in December, 2014.

“Research has shown that there appears to be a serious disconnect in the manner by which the recruitment for minority law enforcement candidates is conducted within the State of Rhode Island,” Wilson wrote to Raimondo. “This disconnect includes a seeming lack of consideration for various cultural competencies that may be pertinent and unique to African American society, that are considered anathema to members of the majority culture of law enforcement, as well as the overall lack of sufficient numbers of racially diverse personnel.”

Raimondo agreed with the criticism.

In a statement she said, “I share their disappointment and agree, we need more diversity in law enforcement. It is clear to me that we have more work to do to ensure that our State Police force reflects the diversity of the Rhode Island community. This is a top priority for me. I’ve directed Col. O’Donnell to continually enhance the State Police’s recruitment and training efforts to ensure that future academy graduations reflect a greater level of diversity. It’s our hope that some of our new initiatives, including our State Police Diversity Academy, a free 6 week training program, will help to address this issue. I will hold my team and the State Police accountable for this concerted effort.”

In his letter, Wilson indicated that actions will speak louder than words.

“While my previous conversations on this issue with Colonel Steven O’Donnell have consistently indicated his desire and understanding of the need to embrace a more diverse pool of candidates, it must be recognized that when an agency’s personnel do not adequately reflect the tone and nature of the community it serves, it provides strong indications and perceptions of an unwillingness to address community needs and concerns, racially biased hiring procedures, and a complete lack of connectedness with the community being served,” he wrote, “thus often leading to formal complaints regarding agency practices. It may further indicate that any expressed initiatives towards community policing may be nothing more than “public speak” and have little or no true substance.”

You can read Wilson’s full letter to Governor Raimondo here.

August 9, 2016

Noise, air pollution from proposed power plant would ruin Burrillville

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OER fudges reality and ignores impact of escaping methane—see disclaimer in lower-left corner.

On Tuesday August 9, the Rhode Island Department of health (RIDOH) will hold a hearing on Invenergy’s proposed gigawatt fossil fuel power plant in Burrillville, aka the Clear River Energy Center (CREC). The meeting will start at 5:30 pm at Burrillville HighSchool, 425 East Avenue, Harrisville, Rhode Island 02830.

As part of the process, RIDOH issued an advisory opinion. Even a cursory reading of the document reveals issues so serious that they should prevent the construction of CREC. Yet another Rhode Island administrative body that lacks enthusiasm for the project!

RIDOH identifies serious negative health impacts of noise:

According to the WHO [World Health Organization], sleep disturbance, one of the most common complaints raised by noise-exposed populations, can have a major impact on health and quality of life. People can recognize and react to sounds, even when asleep. Those reactions, including wakening and changes in sleep stage, are associated with daytime after-effects, such as sleepiness, reduced cognitive and motor performance, and impairment of cardiovascular function.

The RIDOH opinion also quotes written testimony of Julia O’Rourke, who lives on Wallum Lake Road in Burrillville:

Specifically, in the past year, I have experienced excessive noise and vibrations coming from the Algonquin Compressor Station site which this project will be located next to. The noise and vibrations emanating from this site are extremely disruptive and negatively impacting our health and we are unable to sleep or enjoy the peace and quiet of our home. I am concerned that the noise levels and vibration are only going to increase during the construction and operational phase of this project.

Clearly, the neighborhood around the CREC site and Spectra Energy’s compressor station will become unlivable. RIDOH suggests, if the plant were to be built, that Spectra Energy and Invenergy install sound proofing and buy “properties subject to noise levels that cause serious annoyance and/or sleep disruption.”

RIDOH’s opinion mentions that questions have also been raised as to whether National Ambient Air Quality Standards (NAAQS) of the Environmental Protection Agency adequately protect public health. We, and probably others, indeed raised those questions—those and quite a few others—in this public comment. The federal standards fail to account for short-lived pollution spikes which are typical for the operation of compressor stations and power plants. Nitrous oxides are are highly problematic in this respect. In addition, there are lots of other problems with “data” Invenergy’s submitted to the Energy Facility Siting Board.

Sure, we could go ahead with the construction of the power plant and turn Burrillville into a major air pollution dump. Is that justified simply to create a couple of jobs and export electricity to the Northeast? Can we justify that simply because “no states have promulgated a short-term NO₂ standard that is more stringent than the NAAQS and the process for adopting such standards is arduous?”

Interestingly, RIDOH is much more advanced in its understanding of the effect of the proposed power plant than the Rhode Island Office of Energy Resources. RIDOH states:

The burning of fossil fuels and the extraction of fossil fuels by “fracking” both contribute to climate change by emitting various greenhouse gases to the atmosphere, most notably carbon dioxide and methane. Both have the effect of harming the health of Rhode Islanders now and in the future.

Of course, most of the methane problem occurs long before the fracked gas reaches Rhode Island. Information in a recent presentation of Rhode Island’s Office of Energy Resources shows that the office explicitly ignores such effects.

Not only does the office ignore basic science, it is also out of sync with federal guidelines on how the effects of greenhouse gas emissions on climate change should be taken into account. Those guidelines, issued last week, explicitly call for:

Taking into account reasonably foreseeable direct, indirect, and cumulative GHG emissions and climate effects;
Consideration of reasonable alternatives and the short- and long-term effects and benefits in the analysis of alternatives and mitigation

Unless we change course, Rhode Island will be doing neither. RIDOH writes:

We cannot measure the direct contribution of the proposed plant, or of any single facility, to public health by means of climate change.

Sure, but if we forge ahead without understanding what we do, we are in violation of the precautionary principle of the Rio Declaration, an international treaty signed and ratified by the U.S. This is the supreme law of the land:

Principle 15

In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.

How about we cannot “measure the direct contribution” of the plant to global warming? True enough, but we can easily estimate the impact of the national policy of which construction of the plant is part. Because natural gas is worse for the climate than oil and coal, the conclusion is simple: given the rate at which natural gas escapes unburned, and before the use of methane starts paying off, we’ll be dead, leaving an uninhabitable planet for future generations.

August 9, 2016

Not enough water for proposed power plant and future growth

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On August 9, the Harrisville Fire District in its monthly meeting will discuss how to respond to Invenergy’s request for the supply of water for its proposed power plant in Burrillville, the Clear River Energy Center (CREC). For time and place follow this link.

Future water shortages caused by CREC have been a topic of discussion and speculation for many months. That indeed there is a serious risk is clear from information contained in documents obtained from several Rhode Island departments in response to Fossil Free RI‘s request made under the Access to Public Records Act.

As a reminder, the following is worth quoting from a previous post based on documents supplied by the RI Department of Health:

According to a presentation at a meeting about CREC attended by several state agencies, 0.18 MGD (million of gallons of water per day) will be left for growth if the power plant is built. June Swallow of the Center for Drinking Water Quality at the Rhode Island Department of Health attended the meeting. Her longhand notes show that Harrisville and Pascoag each are expected to need 0.12 MGD for growth. This suggests a deficit of 0.24 MGD – 0.18 MGD = 0.06 MGD.

Also documents supplied by the RI Department of Environmental Management raise concern. There is, for example, the following email exchange between Alisa Richardson of RIDEM and Ken Burke formerly of the Rhode Island Water Resources Board:

Thanks Alisa,
I think we should talk about having the Town acknowledge that with low flow conditions and high energy demands, that the Town is effectively pledging most (if not all) of its available water to this development. This local decision is theirs to make. Will someone from the Town also be at this meeting?
Thank you,
Kenneth J. Burke, P.E.MBA
General Manager/Treasurer

This email (my emphasis) appears on page 50 of this document. There is more of interest, but the conclusion is the same; search the document for “Alisa” and “Ken.”

Also Stephanie Sloman, a retired environmental engineer who worked for a large electroplating plant in Massachusetts, weighed in. She submitted a thorough and detailed testimony to the Invenergy docket of the Energy Facility Siting Board.

Her conclusion is that, no matter how you look at it, there is not enough water for future growth in Burrillville and the other towns that draw from the same source.

Clearly, the RI departments of Environmental Management and Health, and the Water Resources Board are aware of the looming water supply problem. As Stephanie Sloman explains, anyone capable of elementary arithmetic can check this. As she points out, Invenergy is apparently is not one of those.

Recently, Gina Raimondo mentioned that she would withdraw her support for the CREC project if there were any issues. Of course, trouble with the water supply is only one of a myriad of issues each single one of which should suffice for her to make good on that promise.

August 9, 2016

The tension of the American third party

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Because I grew up in Rhode Island, am below the age of 30, and am a liberal, a lot of my friends this election season have abandoned following Bernie Sanders into the Democratic Party (however briefly) and instead pledged their support to Jill Stein, the Green Party candidate for President.

This strikes me as poorly thought-out. While I can understand that in Rhode Island, the majority of voters are likely to vote Democratic, and thus many feel that it’s not a risk to vote Green (and are likely right) this is a problem of a collective action like voting: we only know the outcome when we know the outcome. Polling can tell us a probability of how our votes will be divided, but often that information is erroneously reported. Everyone works blindly, in a sort of prisoner’s dilemma; if enough people vote a certain way, they could throw the election to a person who would would be even worse.

This has been a factor in U.S. Presidential elections for a long time. Starting in 1828, Henry Clay and John Crawford made the results of that election inconclusive, Martin Van Buren could’ve prevented Lewis Cass from becoming President in 1848, Millard Fillmore likely spoiled the election for John Fremont in 1856, in 1912 William H. Taft spoiled it for Teddy Roosevelt (or possibly vice versa), in 1968 George Wallace arguably did in Hubert Humphrey, just as Ross Perot might’ve done to George H. W. Bush in 1992, and in 2000 Ralph Nader helped make George W. Bush president.

All of these took place in specific circumstances. 1828 was a breakdown of the dominance of the Democratic-Republican Party, and the emergence of true political parties in the United States. 1848 saw the rise of an explicitly anti-slavery party with a former president at its head, whereas in 1856 the former president was leading a nativist party that sought to ignore the issue of slavery. Taft and Roosevelt were both the sitting and the previous president, striving against one another as the Progressive movement sought to move out from merely being a cross-party group. 1968 was the breakdown of the New Deal coalition and the “party switch” that transferred segregationist white southerners into the Republican Party. And 1992 and 2000 were eras of relative prosperity where the presidency simply wasn’t too important.

Majorly, the thing to notice is that except for recently, almost all of these featured establishment politicians making plays for power. Only Perot and Nader are exceptional in lacking political office on that list, and the impact of their parties have been negligible. Clay helped establish the Whigs soon after 1828, Van Buren’s Free Soilers joined the Whigs to become the Republican Party within a decade, Fillmore’s American Party was already on the decline in 1856 after having achieved control of the U.S. House, but was absorbed into the Republicans. The Progressive movement basically had all three major candidates in support of its goals in 1912. Wallace’s pro-segregation supporters have been dog-whistled to for the last fifty years until Donald Trump put down the whistle and starting yelling things at the top of his lungs.

Meanwhile, Perot and Nader’s efforts have come to naught. The Reform Party is spent, and 16 years later, the Green Party is as much of a joke as it’s ever been. Their efforts for the presidency are not turning points in American political history, but rather quixotic ends to otherwise fine careers.

Now, I’ve been highly focused on presidential elections, and I think this highlights the issue of third parties. In the way things are structured in most states, third parties simultaneously must contest the highest possible office. This constantly forces them into the position of spoiler for other candidates more likely to win, making voters resistant to casting their ballot for the third party. This Duverger’s law in action – a system like the United States’, with plurality voting and single-member districts, forces there to be mainly two parties.

What’s the current most successful third party in the United States? It’s not the Greens or the Libertarian Party. It’s the Vermont Progressive Party. The Progressives there have two things going for them: fusion balloting, which allows candidates to run as both a Progressive and a Democrat, and multi-member districts, which means there’s a level of proportionality in how many seats a party gets based on its vote in the districts. Also, there are fairly relaxed rules to establish a political party. It’s a highly local party that was mainly established to support Bernie Sanders as mayor of Burlington, VT; the party’s main power base continues to be located there.

The other major thing the Vermont Progressives have is that they don’t need to contest major offices. As a result, they can persist beyond being a personality-driven organization. And let’s face it, third parties are mostly vehicles for specific individuals’ megalomania.

Take Rhode Island. I have long said that the Moderate Party lacks an identity beyond being the party of Ken Block or Bob Healey. With the former abandoning it, and the latter deceased, it’s now got to find someone new to be its standard-bearer for governor. It’s forced into this position because RI’s ballot access laws require a political party to win more than 5% of the vote for governor or president every four years, depending on when you collected ballots.

This is intentional, and it prevents third parties from spending resources in more easily-winnable races, such as at the school committee level or town council. It means a third party has to exhaust a lot of manpower or cash on a big race it can’t win to achieve ballot access every four years, or else face being dissolved. So they lose, they might cost someone else the election, and drive potential supporters away. Meanwhile, they are unable to conduct meaningful candidate recruitment, unable to attract potential candidates because they appear frivolous, and unable to establish any sort of meaningful governing record.

This drives an incentive to simply be some individual’s ego trip. And that’s exactly what’s happening in the Green Party and its nominee Jill Stein.

You might think this is hypocritical to focus on Stein’s ego when this is an election of egos. But let’s be frank: Stein’s ego far outstrips her actual accomplishments. Her highest office to date is Lexington Town Meeting Representative. And yet, she says her aim is to win “at least a plurality” of votes in November (anything more than a plurality would be a majority). Her current Real Clear Politics polling average is 3.8%.

No other presidential candidate with ballot access to a potential majority of electoral votes is this delusional. Donald Trump actually won a major party’s nomination, despite his ego making him think lying about his success is the same as “sacrifice.” Gary Johnson actually has run a state as a governor – and won reelection. And there’s a strong case that Hilary Clinton is as egotistical as anyone, but then again, she’s earned it. We can definitely criticize her arrogance, but she actually has been U.S. senator and secretary of state. She actually has had to craft and shepherd policy that effected millions of people’s lives. And more importantly, she actually has a political organization that can support and help pass her agenda should she reach the White House. Trump has the latter, and Johnson has done the former, but Stein can’t claim either.

No third party will take the presidency this way. The only way so-called third parties have ever managed to do so is by stepping over the bodies of their predecessors. The next major party of the United States won’t be from the edges of the political system; it will follow Clay and Van Buren, and Lincoln – it will arise from the heart of the establishment, lead by a figures who were once partisans in some deceased major party.

There are, at least, political movements that understand that change happens through political power, not at its fringes. Say what you like about the Progressive Democrats and the Working Families Party – at least they are attempting to shift the dynamics locally of one of the parties, and with a greater potential for impact than all the Greens put together.

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