What's wrong with coal? What's wrong with Virginia?

The good news: The United States is a global leader in reducing carbon pollution as we retire dirty coal plants and replace them with clean, renewable energy. Several states, including South Dakota, Iowa, and Minnesota are getting a significant amount of their electricity from renewable sources.

The bad news: Far from being a leader, Virginia lags behind much of the rest of the country in getting rid of coal and moving to a clean energy future. Dominion Resources continues to stymie efforts to move the commonwealth (Richmond is not only the state capitol, it is also the asthma capitol) to greater use of wind and solar energy. Placing profits above people, the powerful company is aided and abetted by failed leadership in the Executive Mansion and General Assembly.

Get involved: Contact your state legislators and tell them it is time, indeed past time, to move Virginia towards clean and renewable energy. Join the Sierra Club Beyond Coal campaign

Report: Coal Has Negative Impact on VA Budget

A recent report, The Impact of Coal on the Virginia State Budget released by Downstream Strategies, takes an in-depth look the costs and benefits of the coal industry in the Commonwealth. While coal plays a fairly small role in the overall Virginia economy, it does contribute revenues and provide jobs in the southwestern part of the state, primarily in Wise and Buchanan counties. Coal production in the state peaked in 1990 when it represented about 4.5% of the total U.S. output. Since then Virginia's contribution has declined to 2.2% of national output mostly because of a reduction in underground mining. Destructive mountaintop removal coal mining, which is cheaper and requires fewer employees, has increased 23% since 1990 but has declined some in recent years.

So, what is the impact of the coal industry on Virginia's budget? Downstream Strategies' report concludes:

Overall, when taking all revenues and expenditures into account, we estimate that the total net impact of the coal industry on the Virginia state budget in Fiscal Year 2009 amounted to a net cost to the Commonwealth of $21.9 million.

Of course, this net cost to the Commonwealth's budget does not factor in the lasting impact and damage to the environment and our health caused by mountaintop removal coal mining and of the degradation of air and water quality caused by burning coal to generate electricity.

During this session of the General Assembly lawmakers should eliminate tax and other budgetary provisions that make a shrinking coal industry a drain on state finances and concurrently legislators must move Virginia ahead in renewable wind and solar energy. My hopes are not high - typically in Richmond more effort is spent looking backwards rather than forwards - a view promoted by lobbyists of King Coal and Dominion Resources.

This ain't chicken scratch

Governor Bob McDonnell finally went public with his budget recommendations and, as many expected, much of the bloodshed will come at the expense of state employees, schools, and lower income Virginians.

For example, the governor wants state employees to take five unpaid furlough days in each of the next two years - effectively a pay cut. To soften the blow, he suggested a one-time 3% bonus in December 2011 (the check is in the mail... ha, ha... don't go spending what may be an empty promise) and to roll back former Governor Kaine's suggestion that state employees contribute to the Virginia Retirement System. Instead the governor will simply reduce state contributions to VRS by $786 while school divisions and local governments can save $522 by the same "adjustment." Now that is one fancy budget word... adjustment. What it basically means is the state will underfund future VRS commitments to save dollars and "balance" today's budget. It is kind of like you and I failing to put money in our Roth IRA now but still thinking it will grow anyhow and we'll have the same amount in 20 years. Does the governor think state employees, teachers, and local government employees are all dumb clucks?

The governor bloodied K-12 education with an additional $730 million in cuts (Governor Kaine had already cut $1.2 billion) that will mean thousands of teacher layoffs, larger classes, the end of a breakfast program for kids from low-income families, and lopping off a program to mentor new teachers (many of whom need it for their own as well as the kids' sake). Combined with the governor's support of a change of the Local Composite Index, school divisions in most of the state outside of NOVA will get a double whammy of reduced funding.

His axe fell heavily on an array of programs that help those who have the most difficulty helping themselves. Among the cuts are a reduction of $1.8 million of assistance for free clinics, ending the health department's dental health services, and eliminating programs to help deal with homelessness, domestic violence, and family health. One facility that has garnered lots of support in the Staunton area is the Commonwealth Center for Children and Adolescents - the governor agreed with former Governor Kaine and proposes selling the 48 bed for $9 million (wonder who is in the market for something like this... more phantom money if they don't close a deal on it).

The ghost of Jim Gilmore continues to haunt this state budget like every other budget for the past decade. Senator John Edwards (D-Roanoke) called the governor's cuts a "political tsunami" and suggested cushioning the impact by rolling back $1.9 billion of "car tax" relief subsidies. There is little support for that in the House of Delegates or from the governor - so watch out for the big wave that will hit some Virginians far more than others. But, I thought we were a "commonwealth."

Bob's dodge ball

The Staunton News Leader's Jim McCloskey says it better in a cartoon than I could ever do in words. Bob McDonnell is dodging the people, dodging open government, and covering his own political ass. You can post comments on McCloskey's blog here.

Legal, ethical, and bad for representative democracy

There is something going on that smells like road kill on hot August afternoon in the Shenandoah Valley. Our 140 lawmakers can derive income from various state or local government agencies without it being a conflict of interest or disclosure of the money. In fact, no Virginia law even requires they disclose any income from a government agency. This is a story about something that is quite legal and ethical in most situations... but is it good for our representative democracy? Maybe not, but it is apparently good for some wallets.

Eight members of the General Assembly "earn" income from Virginia colleges and universities. Now some no doubt really do earn their pay. For example, Delegate Dan Bowling of Tazwell County has been a professor at Southwest Virginia Community College for years and earns just over $65,000. He was a professor before being elected to the General Assembly and like a person in any other profession should have the right to purse their occupation and serve as a legislator.

Another good example where all this seems above board and quite legitimate is that of Delegate Bill Janis of Goochland County. Delegate Janis earns a grand total of about $4,500 as an adjunct professor at W&M and VCU. Relatively speaking about the same cracked corn I earn as an adjunct at a private college.

But, the hen house is clucking about Senator Thomas Norment of Williamsburg who is paid $160,000 as a part time professor at W&M. It is hard for many to justify that salary for a part time position - just how many courses/students does Senator Norment teach? Or is the pay based on other "duties?" Then Attorney General Bob McDonnell held the arrangement was not a conflict of interest. Would the ruling have been the same for someone of the other party?

Of course, there is the clear conflict of interest in the case of Delegate Phil Hamilton of Newport News. Totally tossing the moral compass, Hamilton lobbied for and gladly accepted a $40,000 a year salary from ODU for a position he used his seat the House of Delegates to fund. Hamilton is being investigated by a federal grand jury and the House of Delegates. Hopefully, the voters will render those investigations moot.

The General Assembly now requires that members disclose annual income of $10,000 or more. But they are exempt from disclosing any and all income from state agencies or local governments. Some choose to disclose, others do not. Many in the General Assembly argue that voters can always kick out members who are too cozy or do favors for the agency that pays them. That is true... if we know about those relationships. The legal exemption on disclosure and generous conflict of interest rules certainly inhibit that.

Perhaps something good will come out of Phil Hamilton's ethical lapse. In the next session, the General Assembly should require full disclosure of income exceeding $10,000 that legislators earn from any any source including any state agency, local government, or school board. The disclosure should be reasonably specific about the services rendered. Then voters will have at least some of the information needed to decide if they need to kick any of the rascals out.

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On a side (but related) note, Delegate Todd Gilbert works as a prosecutor in the Frederick County Commonwealth's Attorney's office. So, he is employed in the executive branch, working daily in the judicial branch, and was elected to the legislative branch. Can anybody spell "separation of powers?"

Should Elected Officials Take Pay Cuts?

John Lesinski, Democratic candidate in the 15th House of Delegates district, has proposed that legislators' pay be suspended until the economy improves. The suggestion is part of Lesinski's Business Plan that was recently posted to his website laying out ideas for cutting government waste, creating jobs, and rebuilding Virginia's economy.

Lesinski may be on to something with his suggestion about suspending the pay of members of the General Assembly while the Virginia budget is experiencing an extreme crunch. It gets to the idea of shared pain and shared responsibility. When there isn't enough corn to go around....

In the spirit of what Lesinski seeks, I'd suggest a modification. All elected officials of our state government should take pay reductions... not a total suspension of pay... by the same percentage that the budget has been cut. As the economy improves and funds are restored to the Virginia budget, pay would likewise be restored. All members of the General Assembly as well as the Governor, Lt. Governor, and Attorney General would be included. Perhaps top-level policy making appointees, for example the members of the Cabinet, should join in the shared sacrifice.

When state employees are losing jobs, when government services are cut, when citizens are hurting, those who make the decisions that affect so many lives must feel similar pain and bear some tangible responsibility. Kudos to John Lesinsik for laying this fresh idea on the table.

That ain't chicken feed

The Virginia General Assembly will hold a special session today to deal with the aftermath of Melendez-Diaz v. Massachusetts that will require Virginia to modify laws so that forensic analysts are available to testify about scientific evidence. The Senate Courts of Justice committee finished work on a bill that requires prosecutors give the defense 28 days notice of intent to use scientific evidence. The defendant would then have 14 days to decide if the analyst will be called into court. The change will place a manpower and cost burden on forensic labs, but that is often the situation when living up to the demands of our Constitution including the Sixth Amendment's Confrontation Clause.

Since that issue is likely resolved, the bigger story today will be Governor Tim Kaine's not-so-surprising announcement that the state's budget shortfall will be in the neighborhood of $1.3 billion. That ain't chicken feed. Kaine has told state agencies to make plans for spending cuts of 5%, 10%, and 15% by early September and those cuts, including elimination of some jobs, will likely roll into effect this fall. House Majority Leader Morgan Griffith and Governor Kaine find themselves in agreement - coming on top of previous budget reductions, these cuts "will be painful." The cumulative shortfall for the two-year budget is $3.7 billion!

Meanwhile, local school officials are saying federal stimulus funds helped them save jobs and programs and budget shortfalls won't be felt in classrooms. That's partly true but it is laced with chicken sh*t. I understand one smaller high school cut 11 sections of classes - and not because of declining enrollment. That translates into larger classes and some courses not be offered. Community colleges are looking at larger classes as well. Superintendents can talk, but talk is cheap. Those cuts will be paid for in the classroom.

Valley Republican delegates are going to push the General Assembly to find funding to reopen the interstate rest areas. They say delaying renovations at DMV headquarters will cover the costs of reopening and running the rest areas. Those renovations may be a wiser investment for long term efficiency of DMV, but they aren't as politically sexy for delegates facing challengers. Isn't it a bit hypocritical for the very delegates who blocked reliable funding for transportation to now be scratching through the grist and pecking at Governor Kaine over the rest areas?

Common Ground

Blogs thrive on drawing lines in the sand and daring the guy on the other side to cross it. Bloggers don't often find a DMZ, much less common ground.

Retiring delegates Chris Saxman (R-Staunton) and Kris Amundson (D-Fairfax) found a bit of common ground as they reflect on their years in the General Assembly. The last paragraph in their joint Washington Post column reads:

"Oh, there is one last thing. We learned that if you really want to get things done in Richmond, you should listen more than you speak, work for others and not for yourself, and be as nice as you can to everyone you meet. Basically, follow the Golden Rule. It works."

There's more good advice for future delegates in What We Learned in Richmond.

Republican family values

General Assembly Republicans, with cheerleading from Bob McDonnell, rejected changes in Virginia law that would have expanded unemployment benefits to be paid for by $125 million in federal stimulus funds. Their argument that the costs would be passed on to small business rings hollow - when the federal funds ended, the Commonwealth could have reverted to the current law.

The proposal passed the Senate along party lines, but was rejected in the House of Delegates with 53 Republicans lining up against it. Governor Kaine called the House vote a "huge mistake" and, his voice shaking with anger said,

"There are an awful lot of people who are hurting in Virginia... and the message to them seems to be, just, 'We don't care; we don't care. Fend for yourselves.' "

The governor hinted the fight isn't over, noting the mistake could be corrected. Just how isn't clear as the governor didn't specify any steps that his office may take.

So, we are passing up money that would help stimulate local economies across Virginia. Will this $125 million now go to unemployed in other states, thereby pumping up their economies? More importantly, many Virginia families will have a little less for food, a little less for kids' clothes, a little less for school supplies.

So much for Republican family values.

Dems Playing Chicken

Brian Moran has decided to resign from his seat in the House of Delegates and concentrate on running for Governor of the Commonwealth of Virginia. Governor Tim Kaine has already announced that a special election will be held on January 13 to elect a new Delegate for the 46th District, which includes part of Alexandria and part of Fairfax.

Moran's decision is surprising to some political analysts and others (folks in his district, perhaps) because they didn't see it coming and because of its timing. In the past many candidates running for statewide office have given up their seats in whatever elective office they held in order to run for the higher office. It has even become a bit of a tradition to do so. But it often it occurs after the candidate has the party's nomination. Brian Moran made the decision before the hens got up.

Beyond that, Moran's calculus is factoring in several advantages:

• Legislators are prohibited from fundraising during the session of the General Assembly. By opting out now, Moran can solicit all the funds he wants during a time when he'd have been "blacked out." Moran must figure Terry McAuliffe will seriously challenge him for those dollars, especially out of NOVA. Senator Creigh Deeds will be on on the fundraising sidelines for the duration of the session.
• While Senator Deeds is committed to his duties in Richmond, Moran can join (well, not actually) McAuliffe on the campaign trail across the state. We'll see him speaking to civic clubs and local Democratic groups and attending ribbon cuttings. Time is money. Money is time, I guess.
• Perhaps Moran heard McAuliffe's comment last week about his opponents being "stuck in the legislature." Stuck on fundraising? Stuck on old ideas? Stuck because McAuliffe sees himself above it all?
• Some pundits think Moran has made a good decision by getting out of the General Assembly in what looks like a tough year. Difficult votes on the budget and other issues will be cast. Republicans will undoubtably put forth bills designed to put Democrats in difficult positions. According to these pundits, Moran can take the high road while avoiding controversy. Flip side - is Moran being a chicken? Will Deeds show leadership by taking on the tough issues? Will Deeds make news while Moran seems impotent?

Clearly, Brian Moran thinks Terry McAuliffe is running (so does just about everybody else) and that McAuliffe will challenge him for NOVA dollars and votes. Moran wants to take McAuliffe head on in battling for money and time. 

If you, like me, think Senator Deeds is refusing to chicken out by meeting his commitments to his constituents and the state by sticking it out and tackling the very tough issues... perhaps you'd like to send him a few bucks now since he can't raise any during session.

But, forgetting politics for a minute, how about those Richmond Spiders!

Golden Eggs

At a time when the national economy and the state budget are in crisis, the news coming out of James Madison University seems to send a very mixed signal. According to the Daily News-Record, JMU President Lynwood Rose received a pay raise of 16.9% this year. The increase of $66,000 brings his total salary with benefits to $456,287. Not included are are a large home and '08 Lincoln provided by the university or health insurance and retirement benefits provided by the state.

President Rose has done a fine job at JMU. According to officials, over $310,000 of that amount is funded by the JMU Foundation. University and college presidents make, and deserve, competitive salaries. The DNR article has details about college presidents' salaries at public and private schools around the commonwealth.

The problem is the perception. The perception is the problem. The Governor and General Assembly are trying to plug a $2.5 billion hole, that may get deeper, in the state budget. JMU has already cut $5.4 million from its budget. For President Rose to receive such a disproportionate pay hike sends the wrong message to everyone - JMU students and parents; JMU faculty and staff, especially those who may lose jobs; donors to the JMU Foundation; the entire community; and to every taxpayer.

President Rose found a goose that laid golden eggs. Perhaps he should consider not taking all of those eggs - at least for now.

Judging judges

Virginia is one of only a couple states in which the legislature selects judges. Since judges have set terms (varies by court) with no limits on the number, the legislature also reappoints judges. In cases where the legislature fails to fill a vacancy, or if a vacancy occurs when the legislature is not in session, the governor or circuit court judges (depending on the vacancy) makes the appointment.

Giving legislators this much power over the Virginia judicial system seems to violate our cherished separation of power and checks and balances. The lengthy and clumsy process can also means judgeships are empty for months forcing courts to use substitute or retired judges, delays in cases being heard, and dockets to burst. And justice for all?

The process also creates a potentially unhealthy local political dynamic in which judges get appointed based more on connections with local politicians and bar associations than on experience and expertise. Lawyers, who have rarely seen the inside of courtroom are often appointed to a judgeship where they know little of procedures and processes. Most often, this occurs at the General District and Juvenile & Domestic Relations District courts because they are "entry level." Judges of circuit courts and appellate courts are more often chosen from sitting judges who have a track record. District courts handle most of the cases affecting everyday folks - family and juvenile issues, traffic, civil disputes, minor crimes, etc.

Lest you think there is a shortage of lawyers wanting to be judges, think again. Generally, when a retirement or vacancy is known in advance, there is lots of behind the scenes jockeying to line up political support. Promises are made and campaign donations are probably tallied up. Why would a lawyer take a likely pay cut to become a judge? Perhaps power? Perhaps a change? Perhaps to tap into the Virginia Retirement System which fast tracks judges to full benefits much faster than state employees, teachers, and most others covered by the program.

This year, with control of the General Assembly divided between the parties, vacancies went unfilled. Governor Tim Kaine then made the appointments. Now, House Republican Leader Morgan Griffith is complaining that the governor didn't get input from the House GOP caucus. Of course, Griffith forgets that the hard partisan line taken by the House is partly responsible for the deadlock that resulted in the governor making the appointments. Duh!

Any change to the judicial selection process would require an amendment to the Virginia Constitution, a lengthy and difficult process with many political roadblocks. Models can be found in other states that either elect judges in a nonpartisan elections (nonpartisan but still very political) or have a nonpartisan judicial selection commission. In the federal system judges are appointed, for life, by the president with approval from the Senate. This rooster prefers a nonpartisan commission.

As The Roanoke Times notes, convincing the General Assembly to change the judge selection process will not be easy - politicians rarely want to give up power. But, taking politics (as much as possible) out of what should be an independent branch of government is a good thing (no matter what the politicians say). Hopefully this year's impasse will prompt those very politicians to look at meaningful reforms. Maybe it is an issue we can bring to the forefront in 2009 when we elect a governor, lieutenant governor, attorney general, and all 100 delegates.