The consequences of the KBH non-revelation

I didn't post about this earlier because, come on, it's not exactly an earth-shattering revelation.  Senator Kay Bailey Hutchison isn't going to resign and will serve out her current term, which ends in 2012.  Whether she runs for reelection is anyone's guess, but you know, let me just nip those process stories in the bud right now and say that no matter what, we won't actually know if she's running for reelection until she files the paperwork, or lets the deadline sail on by.  So, can we all stop talking about what Kay Bailey Hutchison may or may not do, and when she may or may not do it?

Incidentally, I frankly do not believe she ever lied, at least not intentionally.  I think she fully believed that she would resign (and she was certainly ambiguous when WBAP radio host Mark Davis cornered her about resigning).  I think she also believed, right up until the end, that she was going to win the gubernatorial primary, though the fact that she decided not to resign before the primary makes one wonder how soon she began to see the writing on the wall.  Whether or not she had good reason to believe those things, well, that's another story altogether.  Meanwhile, she's one of our two U.S. senators for the foreseeable future.  And again, that's not exactly "news."

Robbie over at UrbanGrounds says we can probably call 2010 "“The year where stuff that everybody already knew is considered news.”  I'd say that's rather fitting and even though we've got nine months left, I think we can start taking bets on what else will be considered "news" that we really already knew about.

Good and proper speculation at this point should concern the myriad presumed Senate candidates on the Republican side (Michael Williams, Roger Williams, Florence Shapiro, Elizabeth Ames Jones), who raised millions of dollars for campaigns that are now at least two years out.  That's a lot of cash bottled up for a race that isn't happening anytime soon - and here's where KBH's hubris did some serious damage to Republicans from the bottom up.  Campaign cash is precious, especially in lean times, and so much of it was locked into the speculating Senate campaigns and the enormously expensive gubernatorial primary that it's hard to say if down-ballot races will be able to make up the difference as candidates head into a heated general election this November. 

And let's not forget the attorney general's race that never happened.  Now-former attorney general candidate Ted Cruz just sent out a message to supporters that included:  "..for all of you who were so generous contributing financially, if you would like your money returned pro rata, I will be happy to do so."  He made it clear that he will run for public office, but of course, the soonest he could choose to do would be a special election for a seat or 2012 - whichever comes first.

I did some posting about the possible chain reaction that a KBH resignation could trigger, here, and again here when Dewhurst announced he was running for reelection.  All of that is completely moot now, of course.  Everyone's fixed where they are for the time being, unless there are other resignations, and until late 2011/early 2012 we really won't know to expect in terms of candidacies and the usual chess game.

So, now can we focus on November, or at the very least the runoff elections on April 13?  Please?

The measure of a man

HD 52, you need to do better than this. Seriously.

School district shenanigans in Hays County demand scrutiny

Before I start this post, I have to give major props to the Statesman's education reporter, Melissa Taboada.  She's done some incredible investigative work on this story, and I'm going to share a lot of her story here for those of you who don't read the Statesman.  I encourage you to check out the Stateman's education blog, Homeroom, and to read this particular story by Melissa Taboada. Here's an argument in favor of reading the print edition of the Austin American Statesman.  I read this story about Hays Consolidated ISD, a $1.8 million property, and a special lease for former trustee Joe Muñoz in this morning's print edition and there was a very informative sidebar to the story, with a lot more background and detail than what appears in the online edition of the same story.  But no matter, dear reader, because that's why I'm blogging about it now.

Here's the scoop, taken and summarized from the print copy sidebar:  Hays Consolidated ISD purchased 220 acres east of Kyle for $1.8 million in November 2007, for a future school site.  A very nice 2663-sq. foot home sits on the property, and in February 2009, HCISD trustee Joe Muñoz requested that the district lease this home to him.  The district's legal counsel said this was legal, and the matter was discussed in closed session on February 23, 2009.  Closed session means no public debate, and this particular matter didn't even show up on the agenda.  With me so far?

In March, an advertisement for this home went up on the Hays Free Press website.  $750/month (Austinites, let that sink in - $750 a month for a 2663sq foot home.  I paid more than that for my first two apartments in Austin!!).  Muñoz responds and signs the lease the same day.  Meanwhile, HCISD workers (paid for with HCISD tax dollars) worked on repairing the house - and remember, this house is sitting on property that was originally purchased to build a new school.

In September, a former trustee filed a complaint with the attorney general's office claiming that the school board acted improperly at the closed session on Feb. 23.  HCISD asked the Hays County district attorney's office whether making repairs to the property was a violation of the law.  Muñoz resigned his District 2 seat, moved into a trailer in District 5, and in February of this year he filed for election as District 5 trustee.

And now, the Hays County D.A. has said they are not pursuing an investigation. 

From the Statesman story online:   "Hays Superintendent Jeremy Lyon said , "This matter basically is closed. Independently, we attempted to get clarification from the (attorney general's) office regarding the citizen's complaint, and we were told they are not pursuing that."   Lyon said the situation was "a lesson learned" and said district administrators will no longer be in charge of renting the property. The district plans to hire a real estate agent to handle rental contracts."

Okay.  Now you have the scoop.  You tell me - do you think that Hays Consolidated ISD taxpayers and parents should consider this matter closed?  Do you think they should elect Joe Muñoz to the District 5 seat, after all of this??  This is so ridiculous, such a blatant violation of the trust between taxpayers and elected officials - and it looks like the Hays County DA, and to some extent the attorney general's office, are neglecting their duties by brushing off the incident.  I think there is absolute evidence that the Open Meetings Act was violated, and that's just the tip of the iceberg.  Why did the school district pay over a million dollars for property three years ago, only to lease out a home on the property to a trustee?  Why wasn't this out in the open from the beginning? 

If you are a voter in Kyle or any other part of HCISD, I implore you to dig deeper - find out more, expose everything you find, and keep talking until someone pays attention.  It is very important to hold our school districts accountable, especially when money is involved.  Texans pay local property taxes to fund school districts - this is the most local form of government, and the most neglected in terms of scrutiny.  This incident in Hays Consolidated ISD, public now thanks to the very good work of Melissa Taboada, underlines the need for school district "watchdogs" who keep a close eye on things. 

MetroFail - Ridership craters after "free" rides end

Well, well. Look at what's happened to CapMetro's epic train boondoggle. KLBJ reports that ridership was at 3500 just last Friday - and dropped down to just 900 on Monday.

Yeah.

H/T Empower Texans

The 2010 Census - why you need to participate

Okay, y'all, there are two things about having to write this post that are kind of painful to me. One is having to agree with Burnt Orange Report on anything ever. The other is that I would have thought Americans knew better - I would like to think this kind of post wouldn't be necessary because something as rudimentary as participating in the census would be intuitive. Here's hoping that I'm right about that.

Apparently, Texas' participation in this year's federal census is down 13%. In the city of Austin, participation is particularly low - we're at 33% right now, compared to the national average of 46%. Houston, San Antonio, Brownsville, and Laredo are also below the national average.

I would like you, on your way home today, to count the number of cars on the road. Think about traffic on I-35, on MoPac, on 183, on 620, or whatever road you commute on. Was it like this a year ago? Four years ago? A decade ago?

Think about how, a decade ago, Cedar Park was a ridiculously long way from downtown Austin, and how 183 was expanded and how they made an argument for the toll roads because of the need for an easier commute. How Cedar Park has exploded with people. Now consider Pflugerville. Round Rock. Hutto, Georgetown. In the other direction, think of Buda, even just three years ago barely a smudge on the map and now a boomtown. Consider the high rises in downtown Austin, the condos, and all the arguments about the need for road expansion along 290 down toward Oak Hill.

Are you seeing a theme yet? Austin, Travis County, has exploded since the last decade. Huge growth, and it's not stopping. New subdivisions, new schools, new shopping, new roads. Everything is pushing out further to accommodate the growth. Like it or not, Austin is no longer a small town, but a growing metroplex in its own right. Population in Austin has risen about 41% from 1999 (source), almost four times the national population growth rate.

Currently, Travis County is home to three Congressional districts. Six state House districts. Two state Senate districts. Early population growth estimates for redistricting plans suggest that Travis County and Williamson County may become home to another Congressional district. Travis County will likely gain a state Senate district. Because our population is growing so much statewide, Texas needs more representation in Congress, and more equitable representation in the state legislature. That is the actual purpose of redistricting and the census from a non-partisan, foundational sense.

And what does all this mean for you? If you aren't participating in the federal census, you aren't being counted. If you aren't being counted, for redistricting purposes, you don't exist. And if you don't exist, you can't get fair or equal representation in Congress or the state Legislature. But, regardless of whether you participate in the census, you'll be subject to federal, state, and local laws; you'll have to pay income, property, and sales taxes. You're just like everyone else, only, because you weren't counted in the census, you may or may not be represented properly in elected government.

Get the picture?

Look, I understand all the reasons why a person, especially a conservative person in this political climate, might be hesitant to fill out a census form. There is a lot on those forms that you should just not answer. But you should at least say yes, four people live in my house, three are of voting age, etc. You should make sure that when they are deciding how many new seats in Congress Texas will have (I've heard it could be at least four), the mapmakers will know how and where to place the new districts and how to adjust the map accordingly.

I guess, then, I'm only kind of agreeing with BOR - I think you should fill out the census for the reasons the Constitution includes the census, to ensure fair representation for all, and they think you should fill it out so Texas gets its fair share of federal appropriations. I think my reason is a better one, especially for everyday Americans who clearly just want Congress to listen to them, and who want to "vote and forget about it" every two years. You can't be heard if no one knows you're there, it's that simple. I promise you, if you aren't participating in the census, you are essentially opening yourself up to taxation without representation - that is why the framers of the Constitution put the census provision in there, why it was palatable to have the federal government do a headcount.

One last thing. If you don't fill out and mail in your census form, the federal government will send census workers to knock on your door. Which is more invasive, costs a hell of a lot more money (YOUR money, remember), and will just serve to annoy, frustrate, and complicate. Fill out the form, move on with life. For the sake of those of us with barking watchdogs, if nothing else.

I always did like Aristotle

"... and further, it is part [of the nature of tyranny] to strive to see to it that nothing is kept hidden of that which any subject says or does, but that everywhere he will be spied upon, ... and further, to set man against the privileged and the wealthy. Also it is part of these tyrannical measures, to keep the subjects poor, in order to pay the guards and soldiers, and so that they will be occupied with earning their livelihood and will have neither leisure nor opportunity to engage in conspiratorial acts.... Further, [to levy] such taxes on income as were imposed in Syracuse, for under Dionysius the citizens gladly paid out their whole fortunes in taxes within five years. Also, the tyrant is inclined constantly to forment wars." - From "Politics"

This was printed on the third leaflet of the White Rose, during their resistance at Munich. You can read the leaflets in German, Russian, and English at Katja's Dacha.

Almost-former rep sole finalist for Texas State chancellor

I think this is extremely appropriate, actually, if terribly unfortunate. Tax-and-spender state representative on track to become chancellor of a tax-and-tuition-guzzling state university? Perfect if you ask me.

Let me clarify so you don't have to click on the link and give the Statesman blogs undue traffic. State Rep. Brian McCall, who announced last fall his intention to retire from his seat in the Texas House of Representatives, is the sole finalist for the position of chancellor at Texas State University in San Marcos.

McCall got a 57% from Empower Texans on their Fiscal Responsibility Index for the 2009 legislative session, and a 27% from Young Conservatives of Texas. He's giving up one of the most powerful positions in the Texas House - chairman of the Calendars Committee, where good bills often die because of inaction - to go on and become chancellor of one of Texas' fastest growing universities.

Don't forget, Texas State University is, like all state universities, a tax-funded state agency that lobbies the legislature. We haven't seen the last of Brian McCall. We're just going to see him on the other side of the microphone in committee hearings.

Aetna CEO: Yes, insurance will be more expensive

That took, what, a week and a day?

Aetna CEO Ron Williams tells Business Week that yes, insurance premiums will go up, and due in part to the taxes that result from the new health care plan.

Also:

Business Week: The President said that this bill would not have any impact on people who already had coverage, that it was about the uninsured, that there would be no change. Will this legislation change the coverage of people who are already paying for it?

Ron Williams: My perception is, yes, things will change. You might not have a plan that includes the exact same doctors. You might have plans that have richer benefits, and therefore you're going to pay more for benefits you may or may not want. It would have been a better message to say, we're going to make certain you maintain your eligibility.

H/T Jim Geraghty

MetroRail safety demonstration Saturday

I admit to being very wary of local government, and when they schedule public safety demonstrations for 8am on a spring Saturday, I think my wariness is more than justified.

Anyway, MetroFailRail will have a public safety demonstration this Saturday at 8am, going until 12pm. I'm not exactly sure of the location since it was not described anywhere other than the City of Austin website, and the CapMetro site lacks a decent calendar of relevant events, but it looks like it will be at the Leander station at 8am and end up at the Downtown station around noon.

New SBOE member hostile to transparency

I knew I recognized his name from somewhere, other than remembering his father as lieutenant governor. A real shame I didn't remember before the primary. SBOE District 9 primary winner Thomas Ratliff has a history of being anti-transparency. He sued Eanes ISD, over "its practice of responding to voluminous open records requests [being] 'illegal expenditure of public funds.'" That led to House Bill 2564, a bill that closed the door for many citizens seeking full transparency from their school districts by allowing districts complete discretion over amounts to charge for open records requests.

I worked against HB 2564 in the 2007 legislative session while working for Americans for Prosperity. This wretched bill went through the process and was finally signed by Governor Perry.

Texas Watchdog recalls this ancient history here. Ratliff was a major force behind HB 2564, and his actions back then should leave open government proponents chilled when considering his future role on the State Board of Education. I have always wondered, what exactly do school districts, and other local government entities, have to hide? I'm afraid it won't be long before I begin wondering what the SBOE has to hide, as well.

One thing, regarding Ratliff's day job. I think his constituents ought to come out and say now that they don't want him lobbying for groups that have anything to do with education, whether or not they have business before the SBOE. His new capacity as a board member should mean he can address the House and Senate committees on education and education spending without having to do so as a formal lobbyist. One hopes, anyway.

How's that for change?

I'm sure this one's making the rounds. Quote of the day:

"Never in the history of the United States has the Congress ever passed a law which required any citizen to enter into a contract with another citizen or a private business against their will ...... Never, that is, until now. How's that for change?" - Neal Boortz

Paxton: Response to passage of HR 3590

From State Representative Ken Paxton (R-McKinney), in a special edition of his weekly newsletter:

Following the passage of H.R. 3590, "The Patient Protection and Affordable Care Act," by the U.S. House of Representatives, I am drafting legislation to reject this overreaching bill due to its impact and costs to our State and to Texas taxpayers. I will file this legislation at the first opportunity for consideration next legislative session, which will begin in January 2011. We must be ready to reject federal takeover of our healthcare system.

The legislation I am currently drafting will be titled, "The Texas Health Freedom Act." This Act will declare that the public policy of the State of Texas is to exercise sovereign power providing for the rights of Texas residents to choose their own health insurance plan freely without imposition or threat of penalties from the federal or state government. Additionally, this Act gives the Attorney General the express duty to protect the rights and property of the residents of Texans with respect to federal mandates. This bill is modeled after the constitutional amendment that passed in Arizona (HCR 2014) in 2009 and the bill that was signed into law in Idaho (HR 391) on March 17, 2010.

I have also joined with my colleagues in the Texas Conservative Coalition to support Texas Attorney General Greg Abbott's efforts to scrutinize the federal health care bill for constitutional problems, such as reviewing the mandate that requires all individuals to purchase health insurance coverage to determine if it violates the Commerce Clause of the U.S. Constitution. Additionally, the special treatment given to certain states in the legislation violates the "fundamental principles of nondiscrimination that are at the heart of the U.S. Constitution."

As a general policy matter, the health care reform legislation is wrong for Texas because it will result in health care rationing, higher taxes, massive increases in federal and state spending and increased health care bureaucracy. The most insidious features of the legislation include the following:

· A personal health insurance mandate;

· A requirement for businesses with 50 or more employees to offer health insurance to all of their employees or pay penalties;

· A significant expansion of the Medicaid program;

· An excise tax on health insurance plans with relatively high premiums; and

· Penalties on individuals and businesses that do not purchase or provide health coverage.

These changes would place the federal government at the center of our nation’s health care system at the expense of individual choice and liberty, free enterprise and competition. Texans deserve better, and I will continue to fight to protect our State's sovereignty and the freedoms of our citizenry.

President's staff, more exempt from new healthcare legislation

This is....well, I don't even have words.

Courtesy of Congressman John Carter (R-TX)

HR 3590, signed into law by President Obama earlier today, removes House and Senate Members and their official staff from FEHBP, forcing them and the rest of the country into the new federal exchanges. However, the bill was amended by Reid in the Senate to exclude all leadership and committee staff, who along with the President, Vice-President, Cabinet Members, thousands of Obama Administration staff, and an unknown number of Czars, would be allowed to remain in the superior FEHBP program.

I'll just let that sit there. I'm running out of ways to express my disgust with this administration, and especially about HR 3590.

Austin's Rep. Rodriguez arrested for DWI

I'm sure you've heard by now: State Representative Eddie Rodriguez was arrested last Thursday night for driving while intoxicated.

I want to let readers know that Rep. Rodriguez's constituents have a choice in November - Marilyn Jackson. She's the first Republican to challenge for HD 51 since 1998. One of her major issues is reducing crime in HD 51 and east Austin (highly relevant, don't you think?).

Be sure to check out Marilyn Jackson, and bring change to east Austin!

Mack: Freedom died today

From Florida Congressman Connie Mack:

Mack: Freedom Died Today
Blasts Democratic Leadership for passing massive government takeover of health care

WASHINGTON – Congressman Connie Mack (FL-14) decried passage of the Democrats’ health care “reform” plan in the House of Representatives this evening, saying it will bankrupt our country, ration health care, and lead to a loss of freedoms for every American.

Mack said:

“The American people are fed up. We don’t want bureaucrats and politicians making our health care decisions for us. We don’t want higher taxes that will permanently discourage hard-working Americans from saving, investing, and creating new jobs. We don’t want unconstitutional mandates dictating that we must purchase insurance and what form it must take. And we don’t want to force our children and grandchildren to foot the bill for this massive spending. But sadly, our strong concerns have repeatedly been ignored by a Democratic Congress that is all too eager to push its Big Government ideas on an unwilling public.

“Throughout this so-called “process,” President Obama and the Democratic Leadership refused to work in a bipartisan manner and even consider free-market proposals supported by a majority of Americans, such as substantial medical malpractice reform, association health plans, health savings accounts, and tax incentives. The only bipartisan thing about this bill was the opposition to it.

“Today’s vote proves that the Democrats believe in the power of government and not the power of the people. Well, the American people have had enough. The Democrats may have won this vote today through arm-twisting, tricks, and backroom deals, but the American people will have the final word in November.

“Freedom died today, and I fear that the freedoms of the American people will continue to fade if President Obama and the Democrats in Congress continue to expand the size, scope and control of the federal government.”

Fire Lloyd Doggett - Donate $25 to Donna Campbell tonight

Extraordinary times we're living in. Times like this call for drastic changes. Let's start sending the 219 Democrats who voted for the heath care bill (H.R. 3590) home.

In Travis County, let's get to work on Lloyd Doggett down in TX-25.

Please donate $25 or more to Dr. Donna Campbell, the Republican who is taking on Doggett this November. She will need every ounce of help from Travis County in particular.

I have never been more disgusted with Congress. And that is really saying something.

Carter: "This healthcare fight is NOT over"

Within moments of the 219-212 passage of the Obamacare bill, Congressman John Carter's office sent the following press release:

This Healthcare Fight Is NOT Over

(Washington, DC) - Democrats may have succeeded in passing what is likely the most unpopular and unconstitutional bill ever approved by Congress through illegal procedures and deception, but the fight to kill the proposal is far from over, says House Republican Conference Secretary John Carter (TX-31).

House Speaker Nancy Pelosi tonight rammed through the House the healthcare takeover bill passed last December by the Senate, which is estimated by the Congressional Budget Office to cost 8-9 million Americans to lose their workplace health coverage, and an undetermined number of individual plans to cancel coverage as well. The bill also provides full federal funding for abortions, while cutting $500 billion from Medicare and raising taxes another $500 billion.



"An unconstitutional bill passed illegally will not stand as law," says Carter, a former Texas judge. "Not only did President Obama and Speaker Pelosi act with utter contempt towards the voters by pushing this horror of a bill against the wishes of the majority of public, they violated House and Senate rules repeatedly to do so. This was the most convoluted, disingenuous, and deceptive legislative process in the history of Congress. This place is now truly a swamp of corruption."

Carter is immediately engaging in talks with state attorneys general to mount a constitutional challenge to the U.S. Supreme Court to block implementation of the scheme, on grounds of multiple constitutional violations. Carter is also exploring the opportunities for a Constitutional Convention by the states.

"This bill is not just unconstitutional, but un-American at its core, and violates not just the law but basic human rights and liberties," says Carter. "As Conference Secretary I will now move to enlist support against every House Member who voted for this outrage. With a new House in January we can at minimum strip the federal government of the ability to implement any part of this bill. With enough seats we can override a veto, or by winning the Presidency in 2012 we can repeal it outright."

###

Texas A&M wins the K Street College Classic

I think many of us would say, $900,000 is a lot of money. If we knew it was OUR money, we'd really think it was something.

So if I told you that Texas A&M, a public, taxpayer-funded university, spent $900,000 to lobby in Washington D.C. last year, you might be taken aback. Frankly, I am appalled - though hardly surprised.

It is obscene that our tax dollars are spent to lobby in Austin and Washington to begin with, but Texas A&M breaks the mold. The University of Texas spent less than $130,000 on Washington lobbying (it should be noted, they spend much more in Austin - even more ludicrous when you consider the UT campus' proximity to the Capitol!), and the University of North Texas and the University of Houston spent between $120,000 and $160,000 on Washington lobbying.

Check out the K Street College Classic for more about university lobbying. According to Texas Watchdog: All together, the 64 schools in the tournament dropped $12 million on federal lobbying in 2009.

John Gordon: Too good for the Ethics Commission

Oh, this is rich. Apparently, HD 52 Republican run-off candidate John Gordon thinks he is above the Texas Ethics Commission.

The Williamson County Sun reported over the weekend that Gordon didn't file his first required TEC reports in time, on purpose, because he believes the agency "is a joke."

Smart Girl Politics blogger Holly Hansen points out that Gordon's TEC fines could reach as much as $10,000 as a result of this, and she reports that Gordon intends to sue the TEC if it should reach that point.

An appropriate story to hit during Sunshine Week. The TEC is an state agency with the sole purpose of keeping record of and publishing campaign contributions, lobbying expenditures, and so forth. While it is a bureaucracy and subject to the same problems as all such entities, it is also performs a very necessary function. Gordon may want to rethink his idea of what transparency should look like, if he really wants to be the representative of HD 52.

H/T Travis Monitor

Mabrie Jackson: Bad news for taxpayers

Michelle Malkin, James O'Keefe in Austin on April 10

Michelle Malkin. James O'Keefe. Tom Pauken. Brendan Steinhauser. And many more.

April 9 and 10 in Austin, Texas. Young Conservatives of Texas is turning 30, and we want your help in celebrating.

Very few slots are open - the deadline to register is today! Email yctconvention@gmail.com.

Tonight: On "Live and Let Live" program

I'll be on "Live and Let Live" tonight beginning at 8pm - you can listen in on 90.1 FM in Austin, or online at www.ruleoflawradio.com.

Should be a good time - I'll be discussing some of the topics you've seen recently here at Blue Dot Blues, and other things as time allows.

Manchaca Firehall license revoked

This is a sad story. It's clear that the county did what they could to work with Clarence Vogel, but at this point, they had to cut ties.

I do wonder, though, whether Vogel paid his franchise taxes. He wasn't cited for non-payment of those. Did have to pay the franchise tax help put Vogel out of business?

Hmm.

Either way, it's a sad situation and I hope the Manchaca community will find a good, useful purpose for this famous spot.

TX Supreme Court Place 3 runoff will be decided Sunday

The Republican Party of Texas will have to conduct the statewide ballot canvass before official word about the Supreme Court Place 3 runoff can be decided.

On Election Night, we all went to bed thinking it would be Rick Green and Rebecca Simmons. Then we woke up on Wednesday assuming it would be Green and Debra Lehrmann. Apparently, absentee ballots made it so close between Simmons, Lehrmann, and Jim Moseley that second place is still in question.

County ballot canvassing will be completed tonight, and the state will canvass on Sunday. We'll know then who will be on the ballot (hopefully - there is an automatic recount provision for this situation).

Whew.

Boehner's resolution in the wake of Massa resignation

Congress makes me grateful for the Texas Legislature. That's really sad.

Anyway, here's the text of Boehner's privileged resolution, which calls Speaker Pelosi's handling of the Massa accusations into question. Thanks to NRO
.

H. Resolution ______

RESOLUTION

Raising a question of the privileges of the House.

Whereas, on March 8, 2010, Representative Eric Massa resigned from the House;

Whereas, numerous newspapers and other media organizations reported in the days before and after Mr. Massa’s resignation that the Committee on Standards of Official Conduct was investigating allegations that Mr. Massa sexually harassed Members of his congressional staff;

Whereas, on March 3, 2010, Majority Leader Hoyer’s office issued a statement saying, “The week of February 8th, a member of Rep. Massa’s staff brought to the attention of Mr. Hoyer’s staff allegations of misconduct that had been made against Mr. Massa. Mr. Hoyer’s staff immediately informed him of what they had been told”;

Whereas, on Thursday, March 4, Roll Call newspaper reported, “Speaker Nancy Pelosi said she only learned Wednesday of misconduct allegations against freshman Rep. Eric Massa, though her staff had learned of it earlier and decided against briefing her. ‘There had been a rumor, but just that,’ Pelosi told reporters at her weekly news conference. ‘A one-, two-, three-person rumor that had been reported to Mr. Hoyer’s office and reported to my staff which they did not report to me because you know what? This is rumor city. There are rumors.’”;

Whereas, on March 11, 2010, The Washington Post reported, “House Speaker Nancy Pelosi’s office was notified in October by then-Rep. Eric Massa’s top aide [Joe Racalto] of concerns about the New York Democrat’s behavior”;

Whereas, on March 11, 2010, Politico newspaper reported, “Democratic insiders say Pelosi’s office took no action after Racalto expressed his concerns about his then-boss in October”;

Whereas, on March 9, 2010, The Corning Leader newspaper reported, “Hoyer said last week he told Massa to inform the House Ethics Committee of the charges within 48 hours. ‘Steny Hoyer has never said a single word to me, never, not once, not a word,’ Massa said Sunday. ‘This is a lie. It is a blatant false statement.’”;

Whereas, numerous confusing and conflicting media reports that House Democratic leaders knew about, and may have failed to handle appropriately, allegations that Rep. Massa was sexually harassing his own employees have raised serious and legitimate questions about what Speaker Pelosi as well as other Democratic leaders and their respective staffs were told, and what those individuals did with the information in their possession;

Whereas, the aforementioned media accounts have held the House up to public ridicule;

Whereas, the possibility that House Democratic leaders may have failed to immediately confront Rep. Massa about allegations of sexual harassment may have exposed employees and interns of Rep. Massa to continued harassment;

Whereas, clause one of Rule XXXIII of the Rules of the House of Representatives, titled “Code of Conduct,” states “A Member, Delegate, Resident Commission, officer, or employee of the House shall conduct himself at all times in a manner that shall reflect creditably on the House”;

Whereas, the Committee on Standards of Official Conduct is charged under House Rules with enforcing the Code of Conduct;

Therefore, be it RESOLVED,



(1) The Committee on Standards of Official Conduct is directed to investigate fully, pursuant to clause 3(a)(2) of House Rule XI, which House Democratic leaders and members of their respective staffs had knowledge prior to March 3, 2010 of the aforementioned allegations concerning Mr. Massa, and what actions each leader and staffer having any such knowledge took after learning of the allegations;

(2) Within ten days following adoption of this resolution, and pursuant to Committee on Standards of Official Conduct rule 19, the committee shall establish an Investigative Subcommittee in the aforementioned matter, or report to the House no later than the final day of that period the reasons for its failure to do so;

(3) All Members and staff are instructed to cooperate fully in the committee’s investigation and to preserve all records, electronic or otherwise, that may bear on the subject of this investigation;

(4) The Chief Administrative Officer shall immediately take all steps necessary to secure and prevent the alteration or deletion of any e-mails, text messages, voicemails and other electronic records resident on House equipment that have been sent or received by the Members and staff who are the subjects of the investigation authorized under this resolution until advised by the Committee on Standards of Official Conduct that it has no need of any portion of said records; and,

(5) The Committee shall issue a final report of its findings and recommendations in this matter no later than June 30, 2010.

It could be worse

Boots and Sabers has a post up this morning concerning the Kansas City school district closing schools. I lived in Kansas City for awhile in the late eighties and attended private school. Even back then, it was well known that Kansas City schools were in bad shape. Over the last two decades, the suburbs (particularly Overland Park and Olathe, in Kansas) have grown and expanded, as people with school-aged children moved across the state line and commuted into Kansas City proper for work.

Texas schools aren't in the greatest shape, I think we're all ready to admit that. But you have to admit - it could be worse. But the most important lesson Kansas City's school officials are learning is how to make cuts when cuts are obviously needed. Consolidation will help target limited resources, and make it much easier for district officials to determine where certain resources are needed. Texas school officials ought to pay close attention to this lesson. We don't need the exact same solution, but the lesson remains the same.

Republican Earmark Moratorium

U.S. House Republicans just passed an earmark moratorium. This from Congressman John Carter's office moments ago:

House Republicans today delivered a stunning blow in the decades-old fight to control government spending by voting for a total ban on Republican-originated earmarks in all Congressional spending for the remainder of the 111th Congress.

“Today is a historic milestone in moving towards eliminating the pork-barrel spending that is destroying our children’s economic future,” says House Republican Conference Secretary John Carter. “It is not without cost to House Republicans, as we are voluntarily giving up our ability to impact federal spending priorities, while Democrats will continue designating funds for projects in their districts. But it is worth it to give the American people a clear-cut choice in November to shut down the insane levels of federal deficit spending of this Congress and Administration. The House has a constitutional role in determining federal spending priorities, but it has been so abused that it must be brought to an absolute halt until this madness is stopped and a better process can be found."

Nancy's full of hot air - no surprise

"You’ve heard about the controversies within the bill, the process about the bill, one or the other. But I don’t know if you have heard that it is legislation for the future, not just about health care for America, but about a healthier America, where preventive care is not something that you have to pay a deductible for or out of pocket. Prevention, prevention, prevention—it’s about diet, not diabetes. It’s going to be very, very exciting.

But we have to pass the bill so that you can find out what is in it, away from the fog of the controversy."

Nancy Pelosi, via HotAir

Leffingwell and the urban rail election

Austin's mayor, Lee Leffingwell, has decided he's not going to push for a 2010 election on light rail, despite just such a measure being a major part of his campaign. Apparently, "too many questions" remain unanswered.

In the Blue Dot household, we emphatically agree - though, that's as far as our affinity with Mayor Leffingwell goes on this issue. Leffingwell seems to believe that all of the "many questions" - including who would operate the rail and how it would cross Lady Bird Lake - could be answered in time for a 2011 election.

I'm just cynical enough to be left wondering if Leffingwell just looked at Republican turnout in Travis County's primary election, and realized 2010 would be a very bad year for measures like poorly planned and deplorably executed light rail to show up on the general election ballot.

ETA: Michael Quinn Sullivan on Austin's commuter rail debacle. "A perhaps better use of a billion dollars would be to pile it up and set it ablaze. At least then people might get warm for a few minutes." Well said.

It's all about the company you keep

After getting some sleep and having an opportunity to reorganize after Tuesday's primary election, I finally had a chance today to get a good look at the races shaping up for the April 13 runoff. Most interesting to me right now (other than our Travis County races) is the HD 66 race. This is where conservative Van Taylor is squaring off against tax-and-spender Mabrie Jackson, up in Plano.

Taylor is enjoying the support of grassroots conservatives, including former opponent and Tea Party candidate Wayne Richard. Jackson, on the other hand, is getting her chief support from HD 66's outgoing incumbent Brian McCall (notable member of the moderate-at-best Gang of 11) and the Texas Parent PAC.

In fact, Parent PAC has given Jackson over $8000 in cash and in-kind donations (and notably, they are her biggest donor when it comes to in-kinds). Longtime readers of this blog will recall that the Parent PAC, despite issuing repeated statements that they are "non-partisan," are nonetheless ideological in nature. Their ideology is more money in schools, and more money in local government, period. Based on who is backing the Parent PAC financially, you can guarantee that any candidate receiving their support is someone who will oppose all local government reform measures.

Heritage Alliance's candidate survey reveals proof of that. She received a "D" on her survey overall, while Taylor secured a "B." Jackson "disagreed" with the statement, "Free market competition for education dollars, rather than a government monopoly, would create a better education for all students." She did not answer a question about who has the responsibility to educate children.

None of this is surprising, when you consider the Parent PAC endorsement and active support. Conservative Republicans need to remember what else the Parent PAC has wrought: defeating Kent Grusendorf and Bill Zedler, the last Republicans to understand even a portion of school finance in Texas; giving us Diana Maldonado, an Emily's List Democrat, in conservative-majority Round Rock; defeating Nathan Macias, the Comal County Republican who is well-rounded on the issues, and just happens to support school choice. The Parent PAC helped defeat Bill Keffer and Martha Wong. Austinites should hold a particular grudge - the Texas Parent PAC also supported Valinda Bolton and Donna Howard.

I have to ask - why does Mabrie Jackson want to be included in that category?

One last thing of note. Mabrie Jackson also has the endorsement of the Texas State Teachers Association, an organization that was loud and proud about Barack Obama. In a Nov. 4, 2008 press release, TSTA president Rita Haecker was quoted as saying, "On behalf of the 65,000 members of the Texas State Teachers Association, including so many of us who voted for him, I want to congratulate President-elect Obama for winning this historic election." This ought to give Republican voters in HD 66 pause.

Taylor has had an uphill run of it so far in HD 66. But, the last-minute negative attacks from Jackson's camp and Taylor's conservative backers got him into the runoff, and now it's a race to see who can get the most voters to come back to the polls. Turnout for the Republican primary in Collin County was epic, most notably in the Plano area. This next step will be brutal - and going into the fall, when Republicans are likely to retain key seats like HD 66, Republican voters need to have someone they know will be on their side after the election.

Voter ignorance and elected office

Y'all know, voter ignorance is one of my biggest pet peeves. Voter apathy is bad enough, but ignorance strikes me as being practically sinful (in the broadest possible sense). Voter ignorance is so pervasive a problem that it can be directly blamed for any number of ills in the electoral process and with elected officials. It is, really, the reason so many political blogs exist - most of us bloggers will admit that we're not just bloviating for the sake of doing so, we're trying to get information out to people who may not otherwise get it. But I also admit freely that trying to educate and get the word out on every race on the ballot is next to impossible.

Writer Jonathan Bernstein voted in Tuesday's primary here in Texas, and has an argument here that goes into why having elections for so many offices is a bad thing. Matthew Yglesias gets into it a bit more here, talking about the proliferation of elected offices actually contributing to voter ignorance, and then Ilya Somin chimes in with a bit of a counter-argument, and I love it.

The lack of “accountability” that Yglesias deplores is caused not by elections as such, but by the sheer size and scope of the modern state....Texas has so many officials because the state government has taken on so many different functions. Ultimately, the best way to increase democratic accountability to voters is to have less government. That will make it easier for rationally ignorant voters with limited time and attention spans to monitor the officials we do have.

YES YES YES and finally YES.

Texas' government is roughly the size of a small nation's (not least because Texas itself is the size, and bigger than, many nations). Should it be this way at all? Somin doesn't think so, and I have to agree. We do have a sunset process for state agencies - though state agencies are so rarely actually sunsetted that one wonders at the point of it. What if we actually got rid of state agencies, or consolidated them?

Yglesias suggests that appointing some of the now-elected offices would be a better approach. We already do this at the county level, with appraisal boards, and we know how detrimental that really is. Instead of being able to hold the appraisal board to account directly, a person has to know enough to figure out who is in charge of appointments, and how the process for appointment works - and then has to aim for elected officials whose power in the process ends with appointment. We end up with higher taxes, and ever-increasing political power games that are akin to letting a fox into a henhouse.

Yglesias' argument also sounds eeriely familiar. Many readers here will recall that the state legislature attempted to make the State Board of Education an appointed entity, in the name of "de-politicizing" it. Such a move would have the opposite effect, as legislators, whose time and talent is distracted by a variety of issues already, would be hounded by lobbyists on yet another problem that they only have surface knowledge of. Let the voters be the judges here - at least then, you have an automatic accountability measure.

Direct democracy was not the purpose of the nation's founding, and a republic inherently means that we trust elected officials to make appointments and such as needed and proper. State and local governments are the governments closest to the people, though, and a certain amount of direct democracy makes sense at this level.

However, these things don't address the issue of voter ignorance, which I don't think stems from the sheer number of elected offices alone, but from the lack of education. Granted, a great many Texas voters are not educated in Texas. Consider, however, the number of Texans who will not actually leave the state, and who are educated here. They sit through a semester of government, and if they are lucky and proceed quickly through the morass of federal government, they'll cover Texas government for two weeks. It would seem unnecessarily paranoid to suggest that we're churning out generations of ignorant citizens - and yet, basic civics and lessons on the formation and function of government are all but gone from the classroom in Texas public schools. And yes, I believe this contributes directly to voter ignorance and apathy.

The ballot in Texas is long, and even I won't profess to know every detail of what every elected office does, or enough about every candidate to make a fully informed decision. But before we start taking power out of the hands of voters, I think we need to shrink the size and scope of government, and consider how to better educate voters about the government that is supposed to be "of, by, and for" them alone.

All hat and no cattle?

The big story from yesterday, going in, was whether the "tea party" vote turned out, and whether it made a difference.

So far? All hat and no cattle, it seems. No Republican incumbent congressman with a purported "tea party" challenger suffered a loss yesterday. The closest was the perpetually persevering Ralph Hall (who beat his five opponents with 57% of the vote). David Simpson, who handily put away long-time annoyance Tommy Merritt, was a "tea party recruit" - and I don't wish to downplay his victory, but I think he was helped out tremendously by the anti-Merritt crowd, not the anti-incumbent crowd. Subtle difference, I know, but still.

Anecdotally, repeat Republican turnout was abnormally high in a lot of places (Fort Bend County comes to mind), suggesting what has long been suspected, that traditional Republican voters were asleep and have been waking up - whether because of the tea party movement, or what's happening in Washington, who knows.

There's a line in Mel Gibson's The Patriot that resonates with me at times like this. "Aim small, miss small." You want to take back the country? Follow the lead of the Moral Majority before you, and the Democratic Party after that - local elections. Local elections. LOCAL ELECTIONS. We need conservatives, smart people, to run for school board. For M.U.D. board. For city council. For county commissioner. For county clerk (especially in Travis County!). For emergency service districts. I don't like being a one-woman chorus (in Greek literature I'm a regular "harpy"), but I think it is vital that people understand this.

Results from Tuesday's election do not mean the tea party movement means nothing - for all we know, and we don't yet, the movement will result in the ousting of incumbent liberal Democrats in November. And I think that's the key and the hope going forward. Republicans clearly got the tea party vote for the primary election. They must endeavor to keep it for the general election.

And in the meantime, if you aren't running for office, educate yourself. The 9/12 group here in Austin/Cedar Park does some awesome things - field trips to city council meetings! - and I think they're setting an important example.

Oh, and about those ballot props....

All the hoopla and noise over Proposition 4 on the Republican primary ballot - and it passed, OVERWHELMINGLY.

Meanwhile, Proposition 5, which didn't have a lot of public debate or interest that I saw, passed by a significantly smaller margin (though still decisively).

All the language for the propositions can be found here.

Primary post-mortem - part one

Before I start this, let's all take a moment and revel in the outright defeat of liberal stalwart "Republican" Tommy Merritt in HD 7. Goodbye, O Caucus of One. We knew ye too well. This blogger offers hearty congratulations and welcome to conservative David Simpson.

I'm also very saddened by Railroad Commissioner Victor Carrillo's loss. Chairman Carrillo has had some health problems in recent months, and we'll be praying for him.

Okay, now, the rest of it. There are runoffs a-plenty, including one right here in Travis County (HD 47 - Holly Turner and Paul Workman) and another over the road in Williamson County (HD 52 - Larry Gonzalez and John Gordon). Other biggies include both races in Lubbock (Delwin Jones vs Charles Perry, and Mark Griffin vs John Frullo in the race to replace Carl Isett). The runoff date is April 13. All the vitriol you thought you were going to have to deal with from a gubernatorial runoff will show itself brightly now in down-ballot contests, so we're not safe until April 14 at the earliest. Oh, and, I am endorsing Larry Gonzalez, Charles Perry, and John Frullo. (maintaining neutrality in HD 47 - though, I hope we hear a lot more in the future from third-place candidate David Sewell, an attorney with extensive knowledge of the franchise tax)

In the out-right wins, there was a surprise in HD 20, where Dr. Charles Schwertner beat out a four-way field with over 11,000 votes (the second-place candidate, Milton Rister, got just 4,678 votes - he had been the favorite, but Schwertner outspent him).

State Rep. Vicki Truitt will be back, though it's less likely that she'll come back swinging for tax hikes. Remember this picture of her with tax-and-spend Democrats Kirk Watson, Mike Villareal, and Wendy Davis and others at the first-ever tax hike rally at the Capitol last May? Might be a good idea if she stays far away from those legislators for awhile.

State Rep. Todd Smith will also be back, and I've got some ideas for how he could vindicate himself for killing voter i.d. last session (incidentally, more than 90% of Republican primary voters statewide want this addressed - Chairman Smith, I hope you'll listen to us "stupid" Republicans). There should be a state law that election judges picking up materials must show photo identification, and again when they drop them off. Criminal background checks on all temporary election hires, including all election judges and alternates, would also be a great idea.

Lots of other races to talk about - how about those SBOE primaries? - but I'll do this in piecemeal (mostly because, it's still a busy time for us party hack types! SD/county conventions on March 20!!).

Primary process nearing an end - thank goodness!

I've been at Travis County Republican Party headquarters since 8am, troubleshooting and waiting patiently for the day to end so we can get down to the interesting parts. After nearly a year of election process stories (who will resign, when will they resign, who is running, who is retiring, what does it all mean???), I'm more than ready to move on to who won, who lost, and fighting the other side instead of our own.

So, we're still a few hours away from early voting results (7:00pm) and from my second-story office overlooking the traffic on 183, I thought I'd try and round up the "on-the-ground" stories for you.

Elise Hu over at Texas Tribune has a great liveblog going, with pics and stories from all over the state.

The Trib also has a great visual breakdown of how much campaign cash has been collected by the various candidates for statewide and legislative office.

The Statesman talks about minority voter turnout in the Democrat commissioner's court primary in Travis County.

Burka reports that State Rep. Leo Berman held a press conference speaking out against State Reps. Chuck Hopson and Tommy Merritt (incidentally, I'm on the board of the Texas Republican Assembly, and we endorsed Michael Banks and David Simpson respectively).

More later!

*facepalm*

I read something earlier that gave me a bit of heartburn (and honestly, it must have been more than a bit, since I felt it over all the other things giving me heartburn). Democrats are crossing over to vote Republican to weigh in on the ballot propositions.

What, you can't get your own party to even pretend to give a flying flip about your feelings on issues, so you have to come muck up our stats for our own party?

What's worse, of course, is that so many people voting in the primary this time around seem to be completely ignorant of the process, and are getting upset that the process doesn't bend to their will. You weren't consulted about these propositions because you weren't there to participate. The party is run by those who show up. And if this is your first time participating, you have to expect not only a learning curve, but a process curve. It will take time to change things, if change is what you seek. Only our blundering president moves at the speed of a reckless rabbit in this regard - you'll see, it's not getting the country anywhere good fast.

Look, I know some people weren't happy that I said I was voting for all five of the ballot propositions on March 2. The thing is, I agree with the propositions. Do I know how I want them played out in the actual law? Not all of them. And I don't have to, because the whole point is to just pass on to the Republican Party of Texas how I feel about issues presented to me. Do I wish they'd asked us about other things? Certainly! I think there are a lot of issues that we need to get a read on. I intend to bring up some of them at my precinct convention on Tuesday night.

Democrats voting in the Republican primary (and vice versa!) helps move the ball for no one. Especially when it comes to the ballot propositions, which are meant for party primary voters who claim an affiliation with the party, not just the "party poopers" (excuse me) who can't find a compelling reason to vote in their own primary.

Polling locations and precinct convention info

Travis County election day polling locations are listed here. You must vote at your designated precinct polling location if you waited until election day.

Republican precinct conventions in Travis County will be held at 8:00pm. Most will be held at your polling location, but several are at alternate locations. A complete list of precinct convention locations can be found here. Info on conducting and participating in precinct conventions can be found here.