Friday, June 18, 2010

Common Cause: Assembly should reconvene on ethics reform

11:20 AM Fri, Jun 18, 2010

Amanda Milkovits

PROVIDENCE, R.I. -- In the wake of a state senator's indictment, Common Cause Rhode Island called Friday for the General Assembly to reconvene immediately and pass a resolution to put a constitutional amendment on the November ballot asking voters to restore the jurisdiction of the state's Ethics Commission.

Now, there's a loophole that gives state legislators immunity from civil prosecution for their "core legislative acts." The Rhode Island Supreme Court ruled 3 to 1 last June that members of the General Assembly were immune from prosecution by the Ethics Commission because of the state Constitution's "speech in debate" clause.

Sen. Christopher Maselli, D-Johnston, who was indicted on seven counts of bank fraud on Thursday, had proposed having the Senate police itself on ethics. The bill never made it out of the Senate Rules Committee, which Maselli chairs.

Sen. J. Michael Lenihan, D-East Greenwich, had sponsored legislation to put the ethics question to voters in November, asking whether legislators should have immunity.

The legislation overwhelmingly passed in the House, 67-5, but found no traction in the Senate.

John Marion, the executive director of Common Cause, said Maselli's indictment shows the need for ethics reform. "Without passing this now," Marion said in a news release, "Rhode Island will go until at least 2012 without oversight of the legislature by the state's main ethics watchdog."

Thursday, June 17, 2010

Ethics wasn't Senate priority

Warwick Beacon

Jun 15, 2010

If there were ever a piece of legislation that could be considered a no-brainer, it would have to be the “ethics” bill submitted by House Speaker Gordon Fox (D-Providence).

The bill, which passed the House of Representatives by a 67-5 margin, would have asked Rhode Islanders to reinstate the power of the Ethics Commission to prosecute and investigate members of the General Assembly who use the public offices they hold to benefit themselves and their family members.

The State Supreme Court ruled in 2009 in the William Irons case that legislators could not be held responsible for their votes in the legislature thanks to the “speech and debate clause” of the state constitution. Irons, a former Senate president, had been accused of using public office to obtain financial gain for CVS and Blue Cross Blue Shield.

Fox’s bill would have created a ballot question that would have asked Rhode Island voters to change the constitution to restore that power to the Ethics Commission.

The Senate Leadership, however, had other ideas. The body’s leadership, Senate President Teresa Paiva-Weed (Jamestown, Newport) and Majority Leader Daniel Connors (Cumberland), refused to bring the measure up for a vote, and the rank-and-file members didn’t press them for a vote, which means the bill died.

The two argued that the bill might conflict with the 1st Amendment to the United States Constitution and that federal laws already outlaw bribery.

Both arguments are flimsy. First of all, those ethics rules already apply to other public officials such as mayors, governments, city workers, etc. Good government groups like Common Cause, Operation Clean Government, and the League of Women Voters argued that those same rules that apply to other government officials should also apply to the legislature.

We agree.

The issue isn’t about either speech or debate. The 1st Amendment allows for free speech, but it doesn’t mean that people can use free speech to commit fraud. It doesn’t mean that people can use free speech to commit bribery.

And while it is true that the federal government does have the ability to prosecute crimes like bribery, it certainly doesn’t hurt to have the Ethics Commission armed with the power to prosecute for that offense.

What does hurt, however, is that the Senate didn’t think it was a priority to affirm the highest possible standards for ethical behavior. Hopefully when the bill is reintroduced in the next session, there will be a different outcome.


Read more: Warwick Beacon - Ethics wasn t Senate priority

Tuesday, June 15, 2010

Edward Achorn: Designed to keep you in the dark

Tuesday, June 15, 2010

By EDWARD ACHORN

In theory, we have something called representative democracy in Rhode Island. In practice, we have one of the most closed systems in America. It is run like an oligarchy — where very few people have access to information, the public is kept in the dark until it is too late for citizen pressure to make a difference, and decisions are made primarily to benefit leaders and the special interests that prop them up.

The cynicism of this system is on display every year, but it reached a kind of glorious efflorescence in recent weeks, culminating with last week’s mad dash to whip through scores of bills — on spending, taxes, gambling, energy, you name it — before citizens could weigh them and express their concerns.

The job of citizens, as far as our politicians are concerned, is to sit there without grumbling and pay through the nose. And to cast ballots every two years returning the same old crowd to office, many of them unopposed because the election system — with its master lever and dominance by special interests — is designed to make opposition difficult, if not futile.

The public’s growing desire to do something about illegal immigration, for example, was met this year with defiance by leaders of the General Assembly, who seem to side with businesses that want to exploit low-wage illegal labor and those who have a financial and political stake in making sure our duly enacted federal laws are not enforced.

House Speaker Gordon Fox (D.-Providence) stepped in before a bill based on the new Arizona law could even get a hearing. And Senate President Teresa Paiva Weed (D.-Newport) pulled a fast one on Sen. Marc Cote (D.-Woonsocket), who was pushing for implementation of an E-Verify system, aimed at reducing illegal hiring practices.

Senator Cote had followed Senate rules to obtain a floor vote on his bill, which enjoys strong public support and was co-sponsored by fully half of the chamber –– 19 senators.

But when the bill came up, President Paiva Weed did not call on the sponsor to make his case, the usual procedure. Instead, in a pre-arranged scheme, she recognized Majority Leader Daniel Connors (D.-Cumberland), who moved to recommit the bill (i.e., kill it). Refusing to recognize the objections of the thunderstruck proponents, the president immediately called for a voice vote, deemed that the “yeas” had it (though a recording suggested strongly that the “nays” were louder and perhaps in greater number), and that was that.

Any further objections were ruled out of order — the bill had been dealt with.

That seemed to suit most senators fine. But who represented the public, whose interest would be served by recorded votes on important issues (it would help them cast informed votes in November, for one thing)? Nobody, as far as I could tell — aside from Senator Cote, who seemed genuinely miffed.

Rhode Island leaders enjoy having the power to defy the public and render its representatives impotent.

But that power trip costs us dearly. An informed and active citizenry actually makes a state stronger and more vibrant. Citizens bring ideas to the table, help stop bad legislation, and form an important check against public corruption. That makes for a better-run state, with a stronger economy, less waste, lower taxes and fewer cozy deals for special interests.

Which is why well-run (and even not-so-well-run) states make an effort to bring the public into the loop.

John Marion, executive director of Common Cause Rhode Island, says that Rhode Island is the only state that does not post audio or video of its legislature on the Web. Nineteen states post even committee hearings. Last week, Mr. Marion was standing in a hearing room at 1 a.m., listening to a debate on an important bill no one had ever seen before, with no camera or reporter present.

Some 20 states employ a system that alerts citizens by e-mail when some action has been taken, or is about to be taken, on a bill they are following. Such systems pay for themselves in less corrupt and more just government.

Rhode Island, naturally, has nothing of the sort.

Indeed, here the public confronts a Herculean task finding out on a timely basis even how their legislators voted on issues. It can be weeks before floor votes are published in the legislative journal. Those votes, taken electronically, could and should be posted instantly on the Web.

We could easily save money, curtail corruption and create a better informed electorate by bringing such reforms here. But that will never happen until taxpayers and law-abiding citizens decide that enough is enough, and resolve to show their status-quo representatives and senators the door.

Edward Achorn is The Journal’s deputy editorial-pages editor ( eachorn@projo.com).

Lynch proposes single-chamber R.I. General Assembly

Mon, Jun 14, 2010
By Randal Edgar

PROVIDENCE, R.I. -- Saying that state government is "completely dysfunctional" in part because state lawmakers "just cannot get it right," gubernatorial candidate Patrick C. Lynch on Monday pitched a three-part solution that would revamp the budget cycle, give the governor a line-item veto and downsize the legislature.

The state attorney general, running behind lesser-known Republicans and a fellow Democrat he will face in a September primary, said Rhode Islanders would greatly benefit from the changes, which include replacing the Rhode Island House and Senate with a single-chamber legislature that he said would bring greater accountability.

"The responsibility of the elected officials is to work for the people, not the politicians at the State House," he said in a campaign release. "The culture of inside deals, budget gimmicks, quick fixes and a complete lack of long-term planning has left us in dire economic straits."

The proposals raised eyebrows among government-watchdog groups and political observers, including those at the General Assembly.

"Over the past eight years, Attorney General Lynch has introduced many pieces of legislation," said Larry Berman, spokesman for the House of Representatives. "I do not recall that his office ever proposed any bills on this subject, nor has his idea ever been discussed by his two staffers who spend a great deal of time lobbying the legislature."

John Marion, executive director of Common Cause Rhode Island, said there are pros and cons to a single-chamber, or unicameral, legislature. Currently, Nebraska is the only state with such a legislature.

"Advocates say it's great because it saves money it streamlines the legislative process, but those against it say we have two houses because they help balance different values in the legislature," he said.

He added: "I don't think it's a panacea for the problems of the legislature. In the end a lot of it comes down to who is in the office."

Saturday, June 12, 2010

Gambling, school aid top RI Statehouse agenda

June 11, 2010 4:33 PM ET

By ERIC TUCKER

PROVIDENCE, R.I. (AP) - Gambling, wind energy, pension reform and education aid dominated the agenda of the Rhode Island General Assembly this year, as lawmakers in a state with a double-digit unemployment rate scrambled for ways to find extra revenue and cut costs.

Lawmakers wrapped up business early Friday, capping a busy election-year session and the first under new House Speaker Gordon Fox. It was a year when public policy issues, such as casino gambling and the decriminalization of marijuana, were debated with in the context of the state's economy.

In the frenetic final hours of the session, lawmakers approved a voter referendum on converting the state's licensed slot parlors into full-scale casinos and passed what they said was a predictable funding formula for school aid.

They also revived the prospects of a proposed wind farm off the coast of Block Island and overhauled the income tax structure.

The $7.8 billion budget for the fiscal year starting July 1, passed last week, limits cost-of-living increases for future retirees to the first $35,000 of their pension payments and also slashes aid to cities, towns and school districts. The budget depends on about $100 million in federal money that has yet to be passed by Congress, but allows the governor to make across-the-board cuts if the funds aren't approved.

Republican Gov. Don Carcieri said Friday he would let the budget become law without his signature.

Some of the economic changes were welcome but should have come sooner, given how long Rhode Island has been mired in a recession and its 12.5 percent unemployment rate, said University of Rhode Island economist Leonard Lardaro.

"We had every right to have things done sooner, and they should have been done sooner," he said.

A highlight of the session was the decision to seek voter approval for state-operated casino gambling at Twin River in Lincoln and Newport Grand in Newport. The slot parlors offer video lottery terminals but not table games. Supporters of the bill — which passed over the objections of Senate President M. Teresa Paiva-Weed — argued gambling was a critical source of revenue that needs to be protected, especially at a time when neighboring Massachusetts is mulling casinos.

That bill also heads to the governor.

Other measures that attracted considerable attention ultimately failed, including a bill that would have asked voters to restore the state Ethics Commission's power to investigate and fine state lawmakers for their votes at the Statehouse.

That measure died in the Senate. The commission's authority was hobbled by a state Supreme Court ruling last year that said lawmakers were shielded from ethics complaints based on their votes or other legislative acts. Critics of the ruling said it would weaken the commission's authority to police lawmakers who vote to advance their own financial interests.

"We were disappointed not only that it didn't get out but really disappointed that it didn't even get a fair shake in the Senate," said John Marion, executive director of the good government group Common Cause Rhode Island.

A bill to decriminalize possession of one ounce of marijuana or less — modeled after a similar measure in Massachusetts — also failed to get out of the Senate, where its sponsor, Sen. Joshua Miller, a Cranston Democrat, said he didn't see enough support to override an expected veto from Carcieri.

"With a veto threatening, it had to be wider than that," Miller said of the level of support.

Lawmakers also approved the creation of a funding formula for school districts, which supporters see as critical to the state's hopes of securing $75 million in federal grants in the national Race to the Top education funding competition.

And the state passed a new law aimed at cutting income tax rates for most residents. It also reduces the number of tax brackets and eliminates the flat-tax option for the state's highest earners.

"This is a day when Rhode Island can say it's opening its doors to do business," Rep. Steven Costantino, a Providence Democrat and chair of the House Finance Committee, said at a news conference announcing the changes.

Other bills approved would:

— Legalize the sale of sparklers and ground-based fireworks.

— Remove the word "Retardation" from the state Department of Mental Health, Retardation and Hospitals.

— Allow independent candidates for elective office to receive matching funds.

— Suspend for up to one year the license of any driver convicted of four different moving violations within an 18-month period.

Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Race to finish pulls along major bills

By steve peoples AND RANDAL EDGAR

Journal state house bureau

Senate President M. Teresa Paiva Weed talks with Senate Majority Leader Daniel Connors while the Senate was in recess for committee hearings Thursday.

The Providence Journal / Connie Grosch

PROVIDENCE — Having had little to show for its first five months of work, the General Assembly was poised to finish its 2010 session Thursday night after a 72-hour sprint to finalize high-profile laws on public education, gambling, a wind farm, taxes and dangerous drivers.

It was a frenzied pace at times for part-time lawmakers already looking toward their reelection fights this fall.

But officials from across the political spectrum praised the Democrat-dominated Assembly for a flurry of heavy lifting that began Tuesday afternoon as committees raced through hundreds of bills touching on everything from fireworks to municipal bankruptcy.

“I think that over the session they have dealt with a lot of issues,” said the Republican Governor Carcieri, citing the passage of an education-funding formula, an income-tax overhaul, a measure to help create a wind farm off Block Island, and another to ward off municipal bankruptcies. “They always get criticized because it all happens at the end. Unfortunately, that’s just the nature of the beast.”

Indeed, Thursday was the third consecutive day that lawmakers were expected to conclude their business after midnight. There was little public notice of votes, and agendas changed minute to minute, as top lawmakers brokered private deals to help shepherd bills to passage.

Government watchdog groups applauded the decision to end Wednesday’s business –– initially set as the Assembly’s last of the year — shortly after midnight, instead of forcing through dozens of new laws while most of Rhode Island was sleeping.

But they questioned the wisdom of continuing to rush to meet a self-imposed deadline to adjourn for the year.

“It’s only June 10. There’s plenty of time to keep working on these things,” said Common Cause Executive Director John Marion, noting that his organization’s two priorities — an ethics bill and another to improve access to public records — were likely dead for the year.

Senate leaders refused to allow a vote on legislation sponsored by House Speaker Gordon D. Fox to reinstate the state Ethics Commission’s authority, which was stripped by a recent Supreme Court decision.

Specifically, the proposal would have placed a question on the November ballot asking voters whether to allow the Ethics Commission’s to investigate and prosecute state legislators who use their positions to benefit themselves, their relatives or their business associates.

Without the change, “we’ve got a whole group of people exempt from ethics rules,” said a “disappointed” Carcieri.

Fox acknowledged earlier in the week that the ethics bill was not a priority, however. The governor had other priorities this year as well.

The term-limited Carcieri used what political leverage he had to ensure the passage of a bill — also backed by organized labor — to set the Deepwater Wind offshore-turbine project back on course.

The private company wants to spend $200 million to erect eight turbines off Block Island to serve the island. Deepwater describes its plan as a demonstration project that could lead to a $1.5-billion wind farm farther offshore.

But opponents, including Attorney General Patrick C. Lynch, argued the legislation is a special-interest bill designed to benefit one company at great cost to many ratepayers.

Once signed into law by the governor, the new law would send the power-purchase agreement to the Public Utilities Commission for another review.

Carcieri referred to the deal as “huge for the state long-term,” and AFL-CIO President George Nee agreed.

“This may have been one of the more significant years for economic development in the history of the state,” said Nee, citing the Deepwater measure, in addition to the likely passage of a measure creating a November ballot question on whether to allow a full-scale casino in Rhode Island.

Carcieri personally called Fox when the House followed the Senate’s lead in approving the Deepwater bill late Wednesday.

The governor waited until after the vote to say whether he would veto the $7.8-billion state budget approved by the legislature last week. A veto would have inconvenienced lawmakers by forcing them to return next week for an override session.

“Nothing’s ever perfect,” Carcieri said of the budget, noting that he would “most likely not” veto the package, but that his office would issue a formal statement Friday.

Meanwhile, in the rush to adjourn Thursday night, lawmakers were also expected to approve a bill to increase penalties for “habitual traffic offenders.”

Drivers convicted of four moving violations within an 18-month period would have to attend 60 hours of driver training and perform 60 hours of community service. They would also face fines of up to $1,000 and the loss of their license for up to two years.

Rep. Donna Walsh, D-Charlestown, said the bill would help to prevent accidents like the one that killed 27-year-old Colin Foote. Foote, a Charlestown resident, was on his motorcycle when he was hit by a Westerly woman who had more two-dozen moving violations.

“He was struck by a repeat offender,” Walsh said. “His mother and his brother were in the car behind him, and it was a heartbreaking thing.”

The Assembly was also poised to help the financially ailing Landmark Hospital in its bid to merge with Caritas Christi Health Care, a hospital chain based in Massachusetts. The measure would exempt any for-profit corporation that acquires Landmark from sales taxes for 12 years.

Rep. Peter Kilmartin, D-Pawtucket, said the bill was not perfect but would help to maintain Landmark Hospital for people in northern Rhode Island.

“We need to preserve those jobs, we need to preserve that hospital,” he said. “This is not the best way to do it … but for the legislative system, this is the best that we have.”

Local officials were among the largest constituency left wanting.

The legislature largely refused to enact measures introduced by the governor to help cities and towns cut costs.

While the budget approved last week allows cities and towns to reduce school spending by 5 percent for the coming year, other proposals — such as mandatory minimum health co-pays for municipal employees — were considered dead.

The only good news, according to Warwick Mayor Scott Avedisian, is that communities don’t have to fear future cuts because there’s almost nothing left to lose.

“We’re almost down to zero,” he said.

With reports

from Bruce Landis

redgar@projo.com