Category Archives: Leadership

Bobby Harrell suspends himself — or tries to, anyway

This broke earlier today:

House Speaker Bobby Harrell suspended himself Thursday from the House of Representatives and transferred his duties as speaker to his next in command.

The suspension came the day after the Charleston Republican was indicted on nine charges, including illegally using campaign money for his personal expenses, filing false campaign disclosure reports and misconduct in office….

Harrell’s suspension, he said in the letter, is effective immediately. He transferred his duties to speaker pro tempore Jay Lucas during his suspension.

But an advisory opinion by Solicitor General Robert D. Cook, requested by two Democratic House members, said Harrell cannot suspend himself because the indictments disqualify him from participating in business of public office.

Instead, the indictments require the speaker pro tempore to act immediately to suspend Harrell…

A good deal of confusion, no doubt arising in part from the fact that this is pretty much a new situation for everyone involved.

Meanwhile, I ran across this webpage from just a fortnight ago, when Harrell’s prospects for hanging on looked excellent. What a difference an aggressive prosecutor and a grand jury can make…

Harrell then

SC House Speaker Bobby Harrell indicted

When state Attorney General Alan Wilson handed off his investigation of Speaker Bobby Harrell to First Circuit Solicitor David Pascoe, Harrell went around doing victory laps, as though it meant he was in the clear.

This afternoon, Pascoe announced that a Richland County grand jury had indicted the speaker. Pascoe’s statement:

First Circuit Solicitor David Pascoe announces that the Richland County Grand Jury indicted Robert W. Harrell, Jr., Speaker of the South Carolina House of Representatives, today on nine charges. The nine indictments are for two counts of Misconduct in Office (statutory and common law), six counts of Using Campaign Funds for Personal Use, and one count of False Reporting Candidate Campaign Disclosures.

A bond hearing date has not been set. Mr. Harrell has been provided copies of his indictments but he will be allowed to formally accept service of the true billed indictments and attend his bond hearing on the same date.

Once the date for service of the indictments and the bond hearing is set, the First Circuit Solicitor’s Office will provide ample notice to the media of the date and time. Solicitor Pascoe stated, “At this point in the process, the indictments are mere accusations. Mr. Harrell is presumed innocent until proven guilty.”

Solicitor Pascoe will have no further comment regarding this matter and respectfully requests that the media not contact his office regarding the case against Mr. Harrell. Any requests for indictments or future filings in this case should be directed to the Richland County Clerk of Court.

If you want to read the indictment itself, here it is.

Well, Mr. Pascoe certainly wasted no time on that. He’s either a really fast worker, or Mr. Wilson had already built him a pretty good case, it seems to me…

ISIL’s in trouble now! They got Joe Biden riled up…

Here’s what the Veep had to say on the subject today:

“The American people are so much stronger, so much more resolved than any enemy can fully understand,” Biden said. “As a nation we are united and when people harm Americans we don’t retreat, we don’t forget. We take care of those who are grieving and when that’s finished, they should know we will follow them to the gates of hell until they are brought to justice because hell is where they will reside.”…

Meanwhile, POTUS is talking tougher. Perhaps in response to such critics as Lindsey Graham — who say if he can’t set out a strategy, at least he should be able to state a goal — he has now said that the nation’s goal is to “degrade and destroy” the jihadist army.

Tough talk — and encouraging to hear — but Joe’s “gates of hell” locution seems more likely to grab the public imagination…

Some impressions from last night’s Ferguson forum at Eau Claire

Mayor Steve Benjamin addresses the assembly.

Mayor Steve Benjamin addresses the assembly.

First, a disclaimer: The community meeting to talk about issues related to events in Ferguson, MO, held last night at Eau Claire High School, was organized by the Greater Columbia Community Relations Council, with heavy involvement by the office of Mayor Steve Benjamin. I am a member of the Council, and co-chair of the Community Affairs Committee. Despite that, I was not involved in organizing this event. I will, however, likely be involved in any followup activities undertaken by the Council.

Whew, I’m out of breath after typing all of that.

Anyway, you probably saw coverage of the event in The State today. I have little to add to that coverage, beyond a few subjective impressions.

In general, the event was what you might expect it to be — a venue for people in positions authority to carefully state their concern and show their willingness to listen, and for folks whose passions are stirred by events in Ferguson to vent. On those bases, I judge it a success. I particularly commend CRC Executive Director Henri Baskins, who acted as MC with poise, fairness and calm confidence.

On the first part of that equation, I was impressed by the panelists, but most of all by new police Chief Skip Holbrook. It was the first chance I’ve had to observe him in such an environment, and he did well. Better than that — I think he may well be the steady hand that the city has needed in that job.

Chief Holbrook addresses the meeting.

Chief Holbrook addresses the meeting.

As the one white man on the stage, and the only panelist in a police uniform, he was a natural object of scrutiny, given the topic. He did an excellent job of explaining the ways that his department works to prevent situations such as those in Ferguson, and I think it went over well. His demeanor was perfect — he stood up for his department, but did so in a disarming manner. His high point: When he told the assembly, near the end, that he was a better police chief for having been there. That sort of thing could come across as corny or manipulative, but it didn’t from him.

There was some tension in the room, which I’ll encapsulate with this anecdote: At one point former U.S. Attorney and SLED director Reggie Lloyd made the observation that after the fatal shooting in Ferguson, the local officials did exactly “the right thing.” Immediately, a woman’s voice pierced the calm with a high-piping “What?!?!” He went on to explain that the right thing Ferguson officials did was turn the investigation over to outside authorities. He noted that there is an FBI investigation under way, and said approvingly that no one should expect to hear a word about that investigation until it is completed. His implication was that ours is a society with processes for dealing with such situations, even though they may not be satisfying to everyone’s emotions. In fact, he expressly urged people to separate their emotions from their own processing of the event.

Similarly, Municipal Judge Carl Solomon spoke of the importance of young people knowing their rights… but used that as a segue to say they needed to understand their responsibilities as well (I was hearing a lot of good communitarian stuff like that). Among one’s responsibilities, in interactions with police, is to remain “calm and be polite.” He suggested that a respectful demeanor gets you a lot farther than an aggressive assertion of “I know my rights!” in an interaction with the law.

Against those evocations of reason, the event included some venting of emotions. One could expect nothing else from the woman whose son was shot multiple times by police last year. And there were the usual would-be revolutionaries, such as the red-shirted young man who kept going on about how slavery still existed in these United States (because the 13th Amendment, as we all know, allows for involuntary servitude “as a punishment for crime whereof the party shall have been duly convicted”), and asserted how proud he was of the protesters in Ferguson, because he believed otherwise this discussion would not have taken place. 

Then there was the young lady who protested that there were only two “young people” on the panel, suggesting that it was somehow illegitimate for the panel to consist mostly of accomplished people with positions of responsibility in the community. This drew a few cheers from like-minded folks in the crowd.

But everyone involved deserves credit for exhibiting their emotions, as well as their reasoning, in a calm, civilized and constructive manner.

And on that basis, as I said before, I regard the event as a success. Because the ultimate goal is to learn to deal with each other and resolve our differences with civility rather than violence — is it not?

Even as the crowd thinned, folks were still lined up for a turn at the microphones.

Even as the crowd thinned, folks were still lined up for a turn at the microphone.

Little-noticed fact: Sheheen has had a stellar legislative year

I don’t disagree with any of the “experts” who say Nikki Haley is the favorite to win the gubernatorial election this year.

But I do take exception to this observation:

The panelists stopped short of criticizing Sheheen, whom Winthrop University political science professor Scott Huffmon called “a great candidate” because he came so close to knocking off Haley last time. But when asked by Bierbauer what Sheheen has done in the past four years to strengthen himself as a candidate, they mostly kept silent….

That silence suggests something that we frequently hear here, particularly from Doug: That Sheheen hasn’t been a leader in his job as state senator.

Sheheen has done little to  tout his successes as a lawmaker.

Sheheen has done little to tout his successes as a lawmaker.

Actually, in terms of being a guy who gets things done in the Legislature, Sheheen has done quite a lot.

In the past year, significant progress was made on two things that Sheheen has been pushing vocally and visibly: The elimination of the Budget and Control Board and 4k expansion.

Argue how much of that was Sheheen if you’d like. For instance, his opponent had identified herself strongly with the restructuring initiative. But the fact is that Sheheen was pushing this bill, and working on his colleagues to promote it, since well before Nikki Haley ever decided to run for governor. (Which is kind of how long it takes for a good idea to seep into the heads of a majority of lawmakers.)

Those aren’t his only accomplishments. He was a significant player in the ban on texting-while-driving. The first two are much more impressive to me, however, as reflecting the kinds of strategic, fundamental changes that we need for South Carolina to progress.

What puzzles me is that we don’t see Sheheen touting these successes as a reason to vote for him. Instead, we see money and effort wasted on repeated attempts to get folks angry at the incumbent about the Department of Revenue hacking.

I don’t know why…

Who’s doing stupid s___ now? Not Hillary Clinton

During the January 2008 meeting in which I shot this photo, then-Sen. Obama persuaded me he had a clear, correct conception of America's proper role in the world. Today, I have my doubts.

During the January 2008 meeting in which I shot this photo, then-Sen. Obama persuaded me he had a clear, correct conception of America’s proper role in the world. Today, I have my doubts.

Hillary Clinton is sounding better and better. I liked reading this:

Former secretary of state Hillary Rodham Clinton has not yet said whether she will pursue the presidency. But for a candidate-in-waiting, she is clearly carving out a foreign policy distinct from the man she used to serve.

In the spring, President Obama articulated a philosophy for avoiding dangerous entanglements overseas that was modest in its ambitions and focused on avoiding mistakes. Don’t do stupid things, he said.

Now Clinton is offering a blunt retort to that approach, telling an interviewer, “Great nations need organizing principles — and ‘Don’t do stupid stuff’ is not an organizing principle.”…

She drew special attention to Obama’s determination to sidestep costly foreign interventions. The president and his aides have referred privately to that strategy in recent months as, “Don’t do stupid s—.” That approach has come under fire from some now that Islamist militants have gained ground overseas.

… she argued that the United States has to strike a better balance between overreaching in foreign affairs and being so restrained that conflicts can spiral out of hand.

“You know, when you’re down on yourself, and when you are hunkering down and pulling back, you’re not going to make any better decisions than when you were aggressively, belligerently putting yourself forward,” Clinton said…

Amen to that. That “down on yourself” think is particularly to the point. In this context, it refers to the president being down on his country (I haven’t noticed him being down on himself, personally), and seeing it as unworthy of trying to do any good in the world. Which is not an appealing trait in a POTUS.

In the same editions of The Washington Post (OK, maybe not in the actual paper, but on my iPad version, which is what I see), the paper’s house conservative, Jennifer Rubin, gives Mrs. Clinton a backhanded complement in the course of giving Rand Paul a good slap upside the head:

Will Americans want to replace President Obama with a candidate who thinks critics of his failed Middle East policy are “warmongers,” who thinks containment of Iran shouldn’t be ruled out, who opposed imposition of the Menendez-Kirk sanctions, who thinks Guantanamo Bay terrorists should be moved to the United States for trial, who wanted all troops pulled out of Afghanistan and Iraq, and who didn’t want to take any action in Syria? It seems Hillary Clinton doesn’t think so, and I suspect she’ll start running from Obama’s Iran policy just as she has from his treatment of Israel and refusal to take action in Syria. Why then does Sen. Rand Paul (R-Ky.) think the Republican Party will accept positions that even Hillary Clinton can’t stomach?

Oh, and to complete the hat trick on deriding Obama’s foreign policy, Dana Milbank had this to say today, in the same paper:

President Obama must really be teed off.

Hillary Rodham Clinton, his once-loyal secretary of state and his likeliest successor, has gone rogue, criticizing his foreign policy as too timid.

Obama responded with not one but two rounds of golf….

Obama stood on the South Lawn on Saturday updating Americans on the new bombing campaign in Iraq — and then he boarded Marine One for a two-week trip to Martha’s Vineyard. There, half an hour after arriving at his vacation home, he was already on his way to a golf course. He played again Sunday, then had a beach outing Monday followed by a political fundraiser.

Even presidents need down time, and Obama can handle his commander-in-chief duties wherever he is. But his decision to proceed with his getaway just 36 hours after announcing the military action in Iraq risks fueling the impression that he is detached as the world burns….

Aw, give POTUS a break. He needs a vacation from the strain of not doing stupid stuff around the world. Or smart stuff, either.

The pettiest thing I’ve ever heard Nikki Haley say

I refer, of course, to this quote regarding the unaccompanied Central American children, part of the flood that has precipitated a crisis on our southern border, who have been placed with relatives in South Carolina:

“You want me to educate them, right? And you want me to pay their health care, right? It does cost us something”…

First, let me say this: Since it upsets you so much, governor, let me assure you no one’s asking you to pay for this. The rest of us, the people of the United States (and if you’re right, of South Carolina) will pick up the tab. Don’t get your wallet out. And while I know there are plenty of people in our state who resent the children’s presence as much as our governor lets on to, I for one don’t mind the spare change that will be my share.

Second, those 350 children — if they stay, which remains to be seen — can be absorbed into a state of 4.7 million so completely as to be unnoticed. The federal government placed them here quietly and discreetly — which was the proper way; these kids have been through enough — and you likely wouldn’t know they were here had the feds not told you.

Third, I’m especially embarrassed that my governor said this at an RGA meeting in Colorado. It was bad enough for her to say it at home, much less in front of outsiders.

Now, in defense of Nikki Haley, she did say, in the midst of a bunch of other stuff expressing her great irritation at having these children underfoot, “We do care about these children. We do want them to be safe.” I like to think that’s the real Nikki Haley talking — or at the very least, someone who knows what is right, despite her real feelings, and feels compelled to give lip service.

But that just makes the rest of it sound that much worse, sets it in sharp relief. If you know better, how do you say such things?

Here’s how: It’s something you do when you have made a strategic decision to cater to the worst impulses in your constituency — the pettiest, most grasping, most miserly, least caring about the distress of a stranger. She is appealing to qualities that are the opposite of those exhibited by the Good Samaritan.

Reading her comments, a word popped into my head that I hadn’t thought of in years — niggardly. It’s a word people avoid today, because of its unfortunate resemblance to our language’s worst epithet. But it states the case.

Another point: I’m distressed that the governor is pressing the feds to tell where these children are. I heartily endorse this statement:

A note on Health and Human Services’ website says that the children’s privacy and safety are of “paramount importance. We cannot release information about individual children that could compromise the child’s location or identity.”…

Speaking of things I endorse, I’ll just end with what The State ended with:

“Why are we not recognizing that these children are facing imminent danger and families are doing what they can to get them out of that dangerous situation?” said Sue Berkowitz, director of the S.C. Appleseed Legal Justice Center. “I’m astounded that America is behaving this way.”

God bless Sue Berkowitz, who day in and day out does whatever she can for the least of these. If only more of us were like her.

Sheheen’s plan for roads (first, no gas tax increase, which is a BAD thing…)

Vincent Sheheen has presented his plan for fixing roads in South Carolina, and right off the bat, he loses me by saying he wouldn’t do the most obvious thing that needs to be done — increase the gas tax in order to pay for it all.

Here’s his release:

Sheheen Releases Plan to Rebuild Roads & Bridges
Gubernatorial candidate lays out plan to responsibly invest in infrastructure and restore safety after years of neglect
Camden, SC. – Today, Sen. Vincent Sheheen released his plan of action to rebuild roads and bridges in South Carolina. The plan lays out a responsible course of action to improve safety and efficiency of the state’s infrastructure immediately and for the long term.
Sen. Sheheen’s plan centers around four key components that will increase accountability and lead the state to responsibly invest in infrastructure without having to raise the gas tax: adopt a Fix it First approach to focus on repairing roads before building new ones; reorganize the Department of Transportation to save money, improve accountability, and be more efficient in choosing what gets repaired; issue bonds for an immediate one-time infusion of money to get investments started and create jobs; each year, automatically dedicate five percent of the General Fund and surplus revenue to rebuilding our roads.
This plan of action comes after three years of total neglect to South Carolina’s roads and bridges by Nikki Haley that have left only 15 percent of South Carolina’s roads listed as “in good condition,” left thousands of bridges so unsafe that they are classified as “functionally obsolete,” and made the state’s rural roads the most dangerous in the country according to a new study. The Governor has refused to release a plan on roads until after November’s election.
View Sen. Sheheen’s plan to rebuild roads and bridges, as well as his other ideas for how to improve leadership and accountability in South Carolina, at www.vincentsheheen.com. His book, “The Right Way: Getting the Palmetto State Back on Track” includes an entire chapter on improving transportation infrastructure and is free and also available online, here.
Honest Leadership & Real Accountability to Rebuild SC Road & Bridges
Under Nikki Haley’s administration, South Carolina’s roads, bridges, rail lines, and waterways are in desperate need of repair after years of neglect.
South Carolina had the fifth highest rate of traffic fatalities in the country, according to the US Census. Our rural roads are the deadliest rural roads in the nation, according to a new report released this month. In fact, only 15 percent of our roads are classified as “in good condition” with thousands of our bridges so unsafe that they are classified as “functionally obsolete.”
South Carolina’s families, businesses and taxpayers in general deserve so much better from their government. South Carolina needs honest leadership and real accountability to responsibly fix the roads and bridges – we need a Governor who will make infrastructure a priority.
As a small business owner, and an attorney who has helped families and small businesses grow and succeed, Vincent understands that economic activity depends on a good and viable transportation system. Having reliable roads and bridges is vital to growing the economy from within and attracting companies from out of state. Similarly, as the father of three boys and a native South Carolinian, Vincent knows how imperative it is for families to have safe roads and bridges. Taxpaying citizens should not have to fear for their safety while driving down a road in their town or across a bridge in their community.  And we shouldn’t be embarrassed when visitors come to our state by our dreadful highways.
Adopt a “Fix It First” Approach
South Carolina has the nation’s fourth largest state-maintained transportation network. Additions place an increased burden on an already overburdened maintenance program. If we can’t afford to maintain roads we already have, how can we afford to build new ones? It’s time for honest leadership and a common-sense approach where we fix our roads first.
Vincent’s plan of action
  • Issue an executive order to require the Department of Transportation to adopt the Fix it First rule he has promoted in the Senate.
  • Appoint a Transportation Director to be accountable and use the limited resources to secure the safety of the existing roads.
  • Set benchmarks on Fix-It-First projects to tackle our most crumbling roads first. Hold the DOT accountable to those benchmarks and provide monthly updates on projects to improve transparency.
Transform how we pay to maintain our roads & bridges. 
Currently South Carolina is heavily reliant on the gas tax, which generates about $500 million per year and accounts for 71 percent of all state highway funding. But the gas tax is a declining source of revenue as cars become more fuel efficient. Increasing the gas tax is not going to solve our transportation funding crisis. To succeed, the state must diversify funding and weave together sources to responsibly invest over the long-term.  Because of historic underinvestment in our roads we need to create an additional dedicated funding source and issue bonds to jumpstart needed investments.
Vincent’s plan of action:
  • Issue bonds to fund long-term investment.
    • The use of infrastructure is enjoyed by generations of our citizens. Just like a family takes out a responsible mortgage to buy a house for their long-term success, bonding is a responsible way to invest over multiple years in the future that will help families and businesses alike. The use of bonds would allow the state to inject a tremendous one-time infusion of funds needed to bring our roads up to standards while using other sources of revenue to maintain their integrity.
  • Dedicate five percent of General Fund revenue for roads.
    • As a state, we must decide that road funding is such a priority to deserve a portion of general tax revenue — especially surplus revenue. As governor, Vincent would put forth a budget to phase in the automatic dedication of five percent of the General Fund and surplus revenue to Department of Transportation to repair our roads and bridges.
  • Investigate other sources of revenue.
    • Honest leadership means bringing people together and considering many new ideas while building a bipartisan coalition to move forward and deliver results. As Governor, Vincent will explore potential revenue sources to pay for the repair of roads and bridges, including:
      • Lease rest areas to private businesses to establish gas and food sales at rest stops and generate new revenue.
      • Investigate an out-of-state truck tax to gather funds from those out-of-state who use our roads but don’t pay anything to maintain them. This will generate funds and make South Carolina more competitive with other states’ approaches.
 
Make the Department of Transportation more accountable
People expect and deserve a government that works and works well – and when it doesn’t, they deserve real accountability. South Carolina can fund its priorities by cracking down on waste, mismanagement, and incompetence to put politics aside and focus on getting results.
Vincent’s plan of action: 
  • Restructure of the state Department of Transportation to make the director answer directly to the governor
  • Abolish the DOT Commission to allow the legislature and governor to manage and set road funding and policy and to increase accountability.
  • Increase oversight from the legislature so that with new leadership we could have real accountability.
  • Combine the State Infrastructure Bank with the Department of Transportation to provide a consolidated and accountable approach to road improvements and maintenance.
View this release online, here.

Yes, restructuring DOT — as we failed to do in 1993, and again in 2007 (because, in both cases, the General Assembly did not want to reform DOT) — is a great idea. It’s a no-brainer, something that should have been done long, long ago.

And I commend Sen. Sheheen for presenting a plan, instead of playing the game that Nikki Haley is playing — saying she’ll have a plan for us, but only after the election.

But if announcing your plan before the election means you feel compelled to avoid the most obvious way of paying for your proposal, then something important is lost.

Again, we have a way to pay for roadwork. It’s the gasoline tax. It has been held artificially, ridiculously low for far too long. There’s no need to run all over creation trying to find some other way to pay for infrastructure when we have a way to do it already. It’s a particularly bad idea to cut into funding available for all the other functions of government that don’t have a dedicated funding stream (“automatically dedicate five percent of the General Fund”), to pay for a governmental function that does have a dedicated funding stream — a common-sense one tied to use.

If POTUS is uninterested in photo ops, that’s a move in the right direction, whatever his reasons

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I continue to make my way through “The West Wing” as I work out each night. The most recent episode was night before last (I got home too late to work out last night) — “Disaster Relief,” episode number 6 in the 5th season.

This was the one when a tornado ripped through Oklahoma, and the president flew to the scene to show his concern. Originally, he wasn’t going to do this, but Press Secretary C.J. Cregg insisted. Once he is there, he gets way too much into it, just exuding compassion all over the place, and extending his stay to the point that even C.J. expresses her disappointment in him that he hasn’t headed back to Washington, where things are falling apart, to do his actual job.

(A side note: This is the 6th episode in the first season not written by Aaron Sorkin, and there has indeed been a dropoff in quality, as I had feared. C.J.’s change of mind isn’t portrayed convincingly. There’s a rather ham-handed slide toward disillusionment on her part over the last few episodes, and I’m getting tired of it. Worse, the nature of my favorite character, the gruff-but-lovable Leo, has changed. The gruffness is there, but the “lovable” part has gone AWOL. Sure, the Leo I know would let Josh know he was displeased, that he had screwed up. But he wouldn’t cold-bloodedly undermine him the way this new Leo did in this episode.)

But that’s not what I wanted to tell you about. What I wanted to talk about was this:

 President Obama on Wednesday forcefully defended his decision not to visit the Texas border with Mexico to view a burgeoning humanitarian crisis, saying he’s “not interested in photo ops” and challenging Congress to give him new authority to respond to the situation.

“Nothing has taken place down there that I’m not intimately aware of,” Obama said during a hastily arranged news conference here, where he began a two-day visit to the state for Democratic fundraising and an economic event. “This is not theater.”…

To which I say, “Amen, Mr. President!” Sometime during the Clinton administration, I got completely fed up with this new role we’ve invented for POTUS, that of Emoter in Chief. I’ve had it up to here with staged demonstrations of concern, or with the nation waiting breathlessly for the president to strike the appropriate tone in a statement about something that has little or nothing to do with his job.

Yes, there is a such a thing as a leadership function, as military officers understand. You walk around checking on your people, making sure they’re fed and bedded down, on the night before the battle. Show that you care.

But folks, we have taken this to an extreme in this country. The president has enough enumerated duties, enough things he really needs to do, without constantly posing for the cameras. Unfortunately, too much of the presidency has become theater, and I like seeing POTUS push back on it a bit.

Yeah, it made him sound cold. And maybe little kids in desperate circumstances on the border isn’t the best place to draw the line. But I’m glad he felt motivated to draw it somewhere — if only out of defensive pique because the Republicans were landing some telling blows on him, which is what seems to have happened.

 

Post and Courier on infrastructure funding

The Charleston paper had a commonsense editorial Sunday on road funding. The thrust, basically, is that pols need to stop tiptoeing around what needs to be done, and what needs to be done is to raise the gas tax. Excerpts:

Gov. Nikki Haley has a plan for highway funding that is long on promise and short on details. So far, the only known fact about the plan itself is that it won’t include a tax hike.

And the road funding plan won’t be announced until January, after the November election. Why not provide all the details now and have the highway issue become a meaningful part of the debate between Gov. Haley and her Democratic challenger, state Sen. Vincent Sheheen?…

So many legislators have signed the “no-tax pledge” that road advocates have been pitching a badly needed gas tax hike as a user fee increase. So far the hardheads in the Legislature haven’t been willing to recognize the dire need for road and bridge improvements….

But calls for SIB reform, or further improvements to DOT governance, shouldn’t obscure the general need for additional road funding. Or the fact that a gas tax increase is the best way for South Carolina to provide it.

If the governor has a better plan, we shouldn’t have to wait until January to hear about it.

All of that said, let me say one thing in the incumbent governor’s defense — maybe, sorta, kinda: Maybe the reason she won’t say what her plan is before the election is that she actually wants to do the responsible thing — raise the gas tax.

Oh, but wait — she said it won’t include a tax increase. So, never mind… I was just reaching here for something to be hopeful about…

Tom Ervin won’t say how HE’D pay for roads, either

Well, we know that Nikki Haley wants to fix SC roads, but doesn’t want to say how she’d pay for it — at least, not until after the election.

Vincent Sheheen at least says he’d issue bonds for pay for part of our infrastructure needs. Beyond that, he’s vague. From his website:

South Carolina is too dependent on the “gas tax” and needs to diversify how it pays for roads and bridges. In addition to the $1 billion Vincent helped secure for road reconstruction in 2013, he believes we should continue using South Carolina’s bonding authority to make long-term infrastructure investments, dedicate more General Fund revenue from surpluses to roads, and look at new revenue sources to help make our roads safe again. All options must be on the table for discussion.

What I’d like to see from Sheheen an elaboration on what he means when he says SC is “too dependent on the ‘gas tax’,” and therefore must go on some grail-like quest for mysterious “new revenue sources.” I suspect what he means is that SC is simply unwilling, politically, to raise our extremely low gas tax. He certainly can’t mean that he thinks it’s too high.

Meanwhile, independent candidate Tom Ervin takes the governor to task for not saying how she’d pay for roads, and then declines to say how he would do it:

Greenville: Independent Republican candidate Tom Ervin issued the following statement:

Governor Haley’s “secret plan” to fund improvements for our roads and bridges is nothing more than a “secret tax increase” and another blatant example of her lack of transparency and accountability.20140525_0138-300x300

Call Governor Haley now at (803) 734-2100 and demand that she disclose the details of her secret funding plan.  When Nikki Haley hides the ball on funding, that’s her political speak for taxpayer’s having to foot the bill.  Haley’s secret plan shouldn’t surprise anyone.  It’s Haley’s lack of leadership that has forced a county-by-county sales tax increase to make up for her failed leadership.  This has resulted in a back door sales tax increase on top of her “secret plan” to raise taxes next year.

And I’m shocked about Governor Haley’s stated approach.  We are a legislative state.  For Haley to say she will “show the General Assembly how to do it” confirms just how irresponsible Haley’s approach is to our serious infrastructure needs.

If South Carolinians want to maintain or roads and bridges and invest in our infrastructure, it’s going to require a change in leadership.  When I am governor, I will work with our elected representatives to build a consensus for long term funding for our crumbling roads and bridges. And I’ll be honest with you up front that all suggested solutions are on the table for debate.  The legislative process is a deliberative process.  We already have a dictator in Washington, D.C.  We don’t need another one in Columbia.

Tell, me — in what way is the governor’s promise to come out with something after the election different, practically speaking, from “When I am governor, I will work with our elected representatives to build a consensus for long term funding?” Yeah, I get that he’s saying he’d respect lawmakers more than the incumbent does. But beyond that, he’s doing the same thing she is — declining to say what he would propose until after the election.

Are we supposed to read “And I’ll be honest with you up front that all suggested solutions are on the table for debate” as some sort of code that the one responsible plan, raising the gas tax, will be part of his plan? Maybe. But why not come out and say it? It’s not like he’d be endangering his chance of getting elected, because that chance does not exist. (When one is tilting at windmills, why not go for broke and propose the right thing, rather than being cagey?)

So, having surveyed the field, one thing I must say in Todd Rutherford’s behalf is that at least he’s proposing something, even though it’s a really bad idea.

CVSC says lack of transparency hurts conservation cause

Remember Cindi Scoppe’s column about how inexcusable it was for the final version of the budget to be set by two men, rather than the traditional conference committee?

And remember Shane Massey’s “coup” speech in which he cited that as one of the reasons he opposed Hugh Leatherman as Senate president pro tempore?

Well, now Ann Timberlake of the Conservation Voters of South Carolina is offering a specific example of how such lack of transparency can hurt, at least from her organization’s perspective — although she does give Leatherman credit for leaving the door open to revisiting the matter:

We win some and we lose some at the State House but we are most likely to lose when decisions are made behind closed doors.

In March, we celebrated when the House approved the full amount that estimates projected for the Conservation Bank from the normal Deed Stamp formula (around $10.5 million).  The vote was transparent and decisive at 111-5 and 41-3 in the Senate.

But things changed when Representatives and Senators delegated their responsibilities for finalizing the budget to two individuals: the House Ways & Means Chair (Rep. Brian White) and the Senate Finance Chair (Sen. Hugh Leatherman).  This is the first time in recent memory that a transparent Conference Committee was circumvented.  It likely happened because there were few differences between the House and Senate budgets and there were more revenues projected by the Board of Economic Advisors.

What could not have happened in the open, however, happened behind closed doors.  In the final budget that legislators approved on a quick and simple “up or down” vote, the Bank’s revenues were capped at last year’s authorization level of $9.8 million – roughly $2 million less than the BEA’s revised estimate of $12 million for the Bank.

Do you realize what the Bank can do with $2 million dollars?  Last November, for example, just under $1 million was approved for the Angel Oak Preserve in Charleston County.  In April, 2013, $1.5 million purchased 1,548 acres of the iconic “Nine Times” tract south of Scenic 11 in Pickens County.  This April, $1.15 million went to acquire the Rocky Point Landing in Georgetown County and just over $2 million put conservation easements on approximately 8 miles of Santee River frontage.  The list goes on and more information is at http://sccbank.sc.gov/

The good news is that Senator Leatherman prevailed in keeping the disputed $2 million frozen in the Bank’s account, so there is a possibility that the General Assembly’s “Other Funds Committee” could “un-freeze” these funds for the Bank’s use later in the year.

Only a handful of legislators knew that they were voting for less dollars for the Conservation Bank when they voted for the budget.  You should let your Representative and Senator know that you expect them to retain control of the budget process in years to come.  We cannot let what happened to the Conservation Bank go unnoticed and your voice makes a difference.  Thank you.

Executive Director
Conservation Voters of South Carolina www.cvsc.org

McGill becomes lieutenant governor, Massey cries “coup!”, Leatherman becomes president pro tem

That was a busy, fairly intense hour or so I just spent over at the State House. Since I’ve already written it all out in Tweets, here’s my feed, with a few reTweets and replies thrown in for seasoning.

I’ll set the scene by saying no one emerged to oppose Sen. Yancey McGill for the office of Senate president pro tempore, despite the hand-wringing of some Republicans over the idea of a Democrat holding a practically powerless statewide office for a mere seven months) the horror!). Then:

So, you see, lots o’ drama, but not much suspense. You could have heard a pin drop while Massey was talking, but it was all over.

I like that Sen. Massey joined the thread. One of the cool things about Twitter is you get that kind of back-and-forth. Not just a monologue.

By the way, when I wrote that “the battle for pro tem is joined on the Senate floor,” I didn’t realize there wasn’t going to be a battle, other than Massey’s speech. I didn’t realize Martin had dropped out.

Also, that SRO crowd — I think it was all one group, having to do with the Farm Bureau or some such. They were later recognized from the floor. They just happened to enter as things got interesting.

And I wasn’t looking at Tom Davis when he voted no — even though he was seated right below me — but someone in the gallery near me noted that he had seemed really conflicted, and apparently disgusted, at the time of his vote. I’ll see if I can get ahold of him to elaborate.

And so you see the limitations of social media. It’s immediate, but stuff you find out moments later (and would have known before writing your story for old media) gets left out…

Graham secures funds for deepening Charleston harbor

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Now that he’s gotten that GOP primary inconvenience out of the way, he can get back to doing the job that South Carolinians send folk to Congress for:

Graham Secures Charleston Harbor Deepening Funds

WASHINGTON — U.S. Senator Lindsey Graham (R-South Carolina), a member of the Senate Appropriations Energy & Water subcommittee, applauded the passage of its FY 2015 appropriations bill which contains funding for the Charleston Harbor Deepening Feasibility Study and design and construction of the Charleston Port.

“This is a very good day for the Port of Charleston,” said Graham, a member of the subcommittee.  “I’m pleased my Republican and Democrat Senate colleagues understood the value of the Port of Charleston and fully funded the port even though the Corps of Engineers, as a whole, received a budget reduction.  We also added language to the bill that will streamline moving from the study phase to the engineering and design phase of this project.  I think this speaks volumes about the value of the Charleston Port to the state, region, and country as a whole.”

Graham noted the legislation contains $695,000 for continuing the Army Corps of Engineers feasibility study of deepening Charleston Harbor, $1.572 million for future harbor deepening construction, and $13.149 million for continued harbor operations and maintenance.

Graham was an early and ardent advocate for deepening Charleston Harbor and has fought repeatedly to secure federal authorization and funding for the project. The legislation passed through subcommittee yesterday and is expected to pass the full committee this week.

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Not that I’m being critical of his bringing home the bacon. No Tea Partier am I. Securing funding for deepening the port upon which our state depends so greatly is a good thing.

So good work, senator…

Corey Hutchins’ 4,500-word primer on Harrell saga

As we look forward to the state Supreme Court hearing oral arguments in the clash over Attorney General Alan Wilson’s power to investigate House Speaker Bobby Harrell, you may want to review how we got here.

If you have the time, you might peruse Corey Hutchin’s 4,500-word explainer for The Center for Public Integrity, headlined “An ethical mess in South Carolina.”

Corey sets the scene thusly:

On a recent Thursday, a light rain was washing against the office window of South Carolina’s first-term attorney general, Alan Wilson. On the floor near his desk, about a dozen thick black binders spilled out of the bottom shelf of a bookcase and onto the carpet. Inside each of them: supporting documentation from a 10-month state police investigation into the sitting House speaker, Bobby Harrell, a fellow Republican and arguably the state’s most powerful politician.

“And that’s just a preliminary investigation,” said Wilson, gesturing to the pile.

The attorney general will not say what’s inside the binders, and no one outside a handful of lawyers, prosecutors, law enforcement agents and grand jurors who are sworn to secrecy have seen what’s in the report. The speaker of the House himself hasn’t seen what’s in it either, although he’s called for Wilson to release the voluminous file to the public, maintaining he’s done nothing wrong and decrying the grand jury probe as political in nature.

But the question of what’s in those binders is but one of many queries that have riveted the Palmetto State as it struggles to cope with a scandal unprecedented even by the standards of this often ethically challenged state. Whether Wilson, the state’s top prosecutor, will be able to continue an investigation he turned over to a state grand jury in January has itself now come into question. A state court judge who was elected by the legislators — South Carolina is one of just two states that allow that — issued a stunning ruling last month that said the AG lacks jurisdiction over the powerful speaker. The judge ordered Wilson to shut down his probe. Wilson has appealed to the state Supreme Court, calling the judge’s order “unprecedented in American law and unsupported by any known legal authority,” and has vowed to press on. The state’s highest court has set a June 24 date to hear oral arguments….

You will already know a lot of what he has to say after that, but you may learn some things, too. I haven’t had a chance to read the whole thing myself, although I intend to…

Vincent Sheheen’s new Web video

The first thing you’ll notice is the length of this: At 1:44, it’s too long for a TV ad; this was made to distribute on the Web.

Perhaps because it’s as long as it is, it’s more effective than other things I’ve seen from this campaign — the slow march of headlines appearing as you hear Nikki Haley say how proud she is of Lillian Koller has a cumulative effect.

Of course, I still can’t honestly know how many of these horrific tragedies can in any way be laid at the feet of Ms. Koller or anyone else in the agency. Deciding whether children should remain with questionable parents has always been a damned-if-you-do, damned-if-you-don’t proposition. There were deaths before Ms. Koller joined DSS, and there will be deaths after. If I’m wrong about the latter, I’ll be overjoyed, but I’m speaking from the base of what I’ve seen.

The larger point is about leadership and judgment. Was the governor right to so adamantly defend her director?

It’s perhaps instructive, to Democrats, Republicans and the rest of us, to compare this to the V.A. scandal on the federal level. President Obama stuck by Gen. Shinseki, up until the time he didn’t. And when Shinseki bowed out, the president used almost identical language to what the governor did — he praised the retired general, and said he was merely accepting the resignation so that Shinseki would no longer be a “distraction” from the task of solving the problem.

If there’s a difference, it may lie in tone. No-drama Obama was cool and dispassionate in standing by the general as long as he did. There was none of the this-is-personal touchiness that we get from Nikki Haley, particularly when she takes to her Facebook page.

Somebody pointed something out to me that I hadn’t picked up on — that during the session just ending, the governor’s staff kept her out of the State House for two of the three days a week the Legislature is in town. The purpose being to keep her from interacting with lawmakers in ways that would reflect badly on her in this election year.

I don’t even know if that’s correct or not — I haven’t studied the governor’s schedule. But if it is, it points to the thing as I said above is the key element to consider as voters. The last thing you want is a governor who stays away from the State House when the laws are being made, who doesn’t trust herself enough to stay cool and stay out of trouble. When I said that to the Republican who was making the observation, he smiled slightly and said what we know, that this governor isn’t all that interested in governing.

Which is another problem. But it’s tough to make punchy campaign videos, much less bumper stickers, that point these things out.

Koller 2

Sheheen’s plan for DSS

Vincent Sheheen and the Democrats have been slinging stones at the governor over the problems in DSS, as you may have noticed.

In this release this morning, Sheheen shifts to saying what he would do differently:

Sheheen Releases Plan of Action for Children & Families

Gubernatorial candidate lays out plan to address problems at DSS that have led to children dying and being kept in danger in order to lower the agency’s numbers

Camden, SC. – Today, Sen. Vincent Sheheen released his plan of action for children and families in South Carolina to address the crisis at the Department of Social Services (DSS). The plan lays out a course of action to prevent any more children from dying or being put in danger as a result of misplaced priorities, arbitrary quotas, and failed leadership at DSS.

Sen. Sheheen’s plan to protect children includes immediate steps that he will begin work on in the State Senate, and actions he would take as Governor of South Carolina.

In the coming weeks, he will introduce legislation in the Senate to institute whistleblower protections for social workers, sponsor legislation to have coroners send child fatality cases to state law enforcement, and fight for adequate funding to support staff and increase training at DSS during the budget debate. As governor, he will re-focus priorities on child safety, and start by appointing a competent department head who will be transparent and accountable.

This plan of action comes on the heels of Sen. Sheheen’s series of roundtable discussions with women around the state, where voters repeatedly raised the problems at DSS as major concerns and were frustrated with the lack of leadership from the governor’s office on this issue.

View Sen. Sheheen’s plan of action for children and families as well as his other ideas for how to improve leadership and accountability in South Carolina at www.vincentsheheen.com. His book, “The Right Way: Getting the Palmetto State Back on Track” is free and also available online, here.

Leadership for South Carolina’s Children & Families

Right now too many children across South Carolina are growing up without loving homes, and what’s worse – they are being abandoned by the state when they are most in need. Shuttled between foster homes, placed with relatives ill-equipped to handle the challenges of parenting, or sent back to an abusive home without support system to protect them, our state is doing wrong by these children. Why? Because of misplaced priorities and failed leadership at the Department of Social Services under the Haley administration.

Over the past several months, investigations have turned up disturbing reports: Children are dying and being left in dangerous situations as a result of incompetence at the Department of Social Services and the push to lower the agency’s numbers. Children who should be protected after multiple reports of abuse are being ignored and moved out of the system in order to make numbers in a government report look better.

As a prosecutor, Vincent saw what families and victims went through as the result of abuse or crimes and fought to hold abusers accountable. In his private practice he’s seen it even further in the fight to protect children and mothers from abuse. And as the father of three boys in South Carolina, the thought that even one child could be killed as the result of government dysfunction and incompetence is unbearable.

Our state’s children need decisive leadership from the top of state government through the ranks of our state agencies to ensure that child safety is our top priority. The people of South Carolina deserve real accountability from their governor. They deserve a leader who won’t defend a failed appointee who has allowed children to die and be kept in danger in order to meet artificial quotas. It’s time to act.

Vincent’s plan of action:

Re-Focus on Child Safety

  • Double the size of SLED Special Victims Unit, which investigates child fatalities.
  • Ensure that allegations of abuse and neglect are investigated by DSS within 24 hours.
  • Improve & increase training for DSS staff to ensure cases aren’t being ignored
  • Expand services and programs for children in foster care: support mentoring programs for children aging out of foster care and transitional housing options for young adults.
  • Build support for in-state adoptions through public service announcements, partnerships with non-profits to increase community awareness.

Increase Accountability

  • Institute whistleblower protections for social workers at DSS.
  • Appoint a qualified leader to head DSS, who will increase transparency and prioritize child safety.
  • Require a full audit of DSS to get the real numbers of children and families in need, and the actual caseload statistics at DSS.
  • Treat cases being handed off to consultants or partner organizations as open cases at DSS and set benchmarks for checking in on progress.
  • Increase consistency in law so that coroners are sending child fatality cases to SLED.
  • Utilize public-private partnerships so that when services can be better provided by a non-profit or faith-based entity, they are allowed to partner with the government to do so.
  • Improve training and resources for foster and adoptive parents to keep kids placed in safe and loving homes.

View this document online, here.

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Kevin Fisher missing Mayor Bob. Really.

Mayor Bob, during an editorial board interview in 2008.

Mayor Bob, during an editorial board interview in 2008.

This was published several days ago, but I just saw it, so I’m sharing with others among you who are just as slow on the uptake.

I enjoyed this column by Kevin Fisher in the Free Times. An excerpt:

Where have you gone, former Mayor Bob? A city turns its troubled eyes to you, woo, woo, woo. What’s that you say, Cola Citizen? Gentle Bob has left and gone away, hey, hey, hey …hey, hey, hey.

First, my apologies to Simon and Garfunkel. And also to Mayor Bob, if he’s offended. I hope not, because it’s meant as a compliment.

Indeed, we could use a little Mayor Bob about now. Can you imagine him fighting with council members in public? With concerned citizens? With anyone? Of course not. As I wrote about Bob upon his retirement: “Coble was eminently approachable as mayor, making each person feel worthy in their opinions and welcome to share them.”

While I disagreed mightily with him on a wide range of policy and management decisions (or the lack thereof), I always liked the way Bob conducted himself both personally and in his role as the city’s elected leader. Council followed suit, as the mayor sets the tone. And therein lies a lesson that Steve Benjamin needs to learn….

Those of you who remember Kevin running against Bob several years back may be surprised at these comments, but you shouldn’t be. Kevin can be an irascible critic — and has gotten under Mayor Bob’s skin a little over the years — but he’s fair-minded, and he’s given former Mayor Bob his due before. Back at the outset of that 2006 campaign, he said of the mayor, “He’s a really nice guy, and much nicer than me.”

But he also saw that as a weakness. He criticized Coble for “waiting for consensus” to lead, and for not being tough enough to say “no” to bad ideas.

Now, Kevin — and probably others — are missing that “waiting for consensus” stuff. That’s not Mayor Benjamin’s style.

Basically, the two mayors have complementary upsides and downsides. With Bob, you really could go nuts waiting for him to step out ahead of the rest of council. He really wanted that consensus. Steve is too impatient for that, so you get a lot of action. But after four years of his impatience, he’s created enough irritation on council that the action is increasingly one-sided, and little gets done.

Although it does seem like the ballpark’s going to go through, it will do so at serious cost to the mayor’s remaining political capital. There are more rough waters ahead — waters upon which Bob Coble would have poured oil…

John Monk’s scoop about Harrell, Wilson, and secrecy

Corey Hutchins has written a piece in Columbia Journalism Review about John Monk’s investigative scoop last week, revealing that Speaker Bobby Harrell has sought a secret court hearing on his proposal to remove Attorney General Alan Wilson from Harrell’s ethics case:

The people’s court?

Will a lone South Carolina judge make a secret decision this week in a closed court? The State leads the push for transparency

CHARLESTON, SC — An investigation of one of the most powerful politicians in this state has turned into a key test of how open the courts here are, with media organizations arguing in print and—they hope—in the courtroom that key legal decisions shouldn’t be made behind closed doors. For more than a year, the state’s Republican House Speaker, Bobby Harrell, has been under investigation for possible misuse of campaign funds and abuse of his public office, though Harrell maintains he has done nothing wrong. In January, South Carolina’s Republican Attorney General, Alan Wilson, sent the case to a state grand jury. Wilson’s office would prosecute the case should it end up at trial, and the situation has been prickly for the two Republicans, with Harrell accusing Wilson of trying to damage him politically. The political intrigue blew up into an open-government concern a week ago, when John Monk of The State newspaper in Columbia, citing unnamed sources, reported that Harrell’s attorneys were secretly seeking a closed-door hearing before a state judge to argue that Wilson should be removed as the prosecutor. The substantive argument for disqualifying Wilson was unclear, Monk reported…

Which reminds me that I meant to say last week, when John’s story appeared, that it’s nice to see the paper allow him the time to do what he’s best at. Instead of routine crime stories, and other general assignment-type stuff.

I say that not to be critical of the newspaper. When your staff has shrunk to the size The State‘s has, due to financial pressures beyond editors’ control, you need every hand you’ve got on the routine stuff. And John pulls his weight on the bread-and-butter stories that must get covered each day.

Which makes it particularly great that he was able to find the time to get this story, which reveals an attempt at secret dealing that John said would be “unprecedented.”

Corey quoted press association attorney Jay Bender as saying:

What happens to our democratic society if newspapers go away? Who’s going to be out there asking these crucial questions and trying to push people in public positions to conduct public business in public view?

What happens, indeed?

On Haley and Sheheen on the ethics bill

This could be a moment to pause and celebrate something. Not the ethics bill that passed the state Senate yesterday (I’ll let Cindi Scoppe tell you about its inadequacies, as she did in this column and this one), but the fact that both candidates for governor are vocal in calling it inadequate:

COLUMBIA, SC — An update to S.C. ethics laws – more than a year in the making – passed the state Senate on Thursday only to be blasted by Gov. Nikki Haley and her likely Democratic challenger for governor in November, state Sen. Vincent Sheheen, as not being good enough.

In particular, the two rivals faulted the proposal for not including an independent body to investigate allegations of wrongdoing by lawmakers.

“Let’s be clear, what the Senate passed tonight wasn’t ethics reform – it’s an income-disclosure bill, and while that’s a positive step forward, it’s really only a half-step,” Haley spokesman Doug Mayer said….

Unfortunately, there’s a sour note in this duet:

“Some reform is better than no reform, but this bill is pretty close to nothing,” Sheheen said, before turning his criticism toward Haley. “In order to have open and accountable government, we need full income disclosure, an independent body to investigate ethics violations, and to finally put an end to the governor’s continued misuse of the state plane and vehicles for campaign activities.”…

In defending Sheheen from criticism from our own Doug, I’ve said that a challenger needs to define what’s wrong with the incumbent, in order to give the voter reasons for replacing that incumbent.

But Doug has a point, and once again, Sheheen’s criticism of Haley is coming across as grating. I don’t know how much of it is the content, and how much of it is just a matter of this tone not being natural coming from Vincent Sheheen. This drip, drip, drip of talking points about Nikki feels like the work of consultants; it’s just not the way Vincent naturally speaks. He’s a more affable, get-along-with-people kind of guy.

It would be far better if Sheheen said something like this:

It may not always feel like it, especially when the Senate drops the ball this way on a needed reform, but we’re slowly making progress in South Carolina. Both the incumbent governor and I are taking the same position, which is that our state politicians need to be held to a higher ethical standard. When those who would lead this state are unanimous in calling for more ambitious reform, that’s progress; we’ve moved in the right direction. Now, you’ve heard me say in the past that the incumbent governor has through her own lapses helped illustrate why we need ethics reform. I stand by that, and the record stands for itself. If I thought she did everything right, I’d be voting for her instead of running against her. But today, I want to thank the governor for her leadership in trying to make sure lawmakers don’t commit such lapses in the future, and are held accountable if they do. Whatever she’s done in the past, she’s taking the right position on this now. And I will stand squarely beside her and help with the heavy lifting of trying to move us further forward, and pass real ethics reform. And if I am elected to replace her, I hope she will continue to support this effort. Because all of us who understand the problem — and I think both of us do now — need to work together to overcome the inertia of the status quo.

OK, that’s a little wordy — if I were writing a statement for him I’d tighten it up — but that’s the tone I think he should be striking…