Category Archives: Legislature

Scooped by The State on my own danged story

Our late, lamented AC units, right after the deed was done.

Some of y’all were disparaging The State on a previous post. Well, I’ll say this for them: They just scooped me on my own blasted story.

Of course, I let them. Remember that list of posts I’ve been MEANING to get to, which I wrote about back here? Well, one of them was about copper theft:

Metal fabricator Stanley Bradham delivered two 300-pound concrete slabs to a Pickens Street business Tuesday, then lowered a couple of 2- to 3-ton heating and air-conditioning units on top.

But it is what Bradham did next that theft-weary business and church leaders are hoping will finally slow the alarming rate of vandalism aimed at removing copper wiring – a trend that not only inconveniences victims, but also drives up their insurance rates.

Bradham bolted a lockable, customized, 350-gauge unibody steel cage over each of the units and welded the cages to the cement pads, which are secured by 12-inch anchors in the ground.

“It stops your access to the top of the unit, so you can’t get in,” said Bradham, of the newly formed Carolina Copper Protection company in Hopkins. “For the cost factor, it’s a very visual deterrence.”

That Pickens Street business was ADCO.

This is a story that goes under the heading of the Jerry Ratts dictum, “News is whatever happens to, or interests, an editor.” Or former editor, in this case. Jerry was a bit of a cynic, but he had a point. I mean, you know, this copper theft was a serious problem and all, but it only became dire quite recently, and suddenly…

Several weeks back, copper thieves destroyed both of our AC units to get a few coils of copper. We’re talking $8,000-$10,000 worth of damage for maybe, maybe $400 worth of metal.

Actually, that’s the high estimate. Back right after this happened, when I was in full fury over it, I interviewed Columbia Police Chief Randy Scott about it, and he said it was probably more like between $30 and $100. Which is… mind-boggling to me. I mean, it seems way easier to actually to out and work for that amount of money. I mean, mow a lawn or something — way less risk.

But apparently, it’s not as much trouble as I thought to tear up an AC unit that way. Chief Scott says they’re in and out in 3-5 minutes. Otherwise, he’d catch more of them.

It started with empty or abandoned commercial buildings. Now, he says, they’re hitting everything — churches, law offices, even private homes. Having your unit on a roof is no defense. Thieves destroyed 17 units from the top of the Dream Center at Bible Way Church on Atlas Road. Then, after the units were replaced, they hit again.

In fact, as Roddie Burriss reports:

In 2009, Southern Mutual wrote checks for $365,000 worth of losses due to copper thefts, according to Robert Bates, executive vice president.

In 2010, the company paid $1.2 million in copper theft losses to 174 member churches. Because most of the churches it covers are located in the Palmetto State, 109 of the 174 copper theft claims were in South Carolina, accounting for losses totaling $839,000, Bates said.

Through March 2011, Bates said the company already had paid churches $552,000 in copper loss claims, putting it well on the way to a $2 million payout for the year in these thefts…

I ran into Roddie and photographer Tim Dominick in the alley outside our building yesterday — and realizing they were doing MY story, I lapsed back into editor mode. Let the reporters and photographers do the work, then comment it. It feels natural.

So here’s the commentary part… Obviously, Something Must Be Done about this problem. Back when we were without AC, I had a suggestion, which I posted on Twitter. It was on a particularly warm day last month (I told you I’d been sitting on this for awhile):

Can’t breathe. No air-conditioning all week. Thieves stole copper. We need to bring back flogging. Or keelhauling. Something painful…

Sonny Corleone would say it’s just business, but I was taking it very, very personally. Chief Scott has a more constructive, and constitutional idea than my sweaty rantings: Make it harder to fence the stuff.

He’s backing, and testified in favor of, legislation sponsored by Rep. Todd Rutherford that would stiffen penalties (although, I’m sorry to say, no flogging), and make the businesses that buy scrap metal get legitimate ID from the people who sell them copper. Which would seem sort of like a no-brainer. As the chief said, “When you ride up on a bicycle, and you have two air-conditioning coils, you’re probably not a legitimate air-conditioning repair man.”

Chief Scott, and other law enforcement professionals, have enough problems, what with people coming at them with AK-47s. And yet they are spending more and more of their time fighting this rising tide of copper theft, and it’s pretty overwhelming — and not only to the angry, sweaty victims.

During our interview (which, like so many of my interviews, took place at the Capital City Club), the Chief looked out over the city and said, wondering, “Just LOOK at all those air-conditioners…”

Columbia Police Chief Randy Scott: "Just LOOK at all those air-conditioners..."

OK, so NONE of us knows what we’re talking about (the collards controversy continues to rage)

Remember how yesterday we were sorta kinda making fun of Greg Ryberg for not knowing (although I assumed he was being facetious) that the collards vote was for SC “official leafy vegetable,” not “official vegetable?”

Turns out that Ryberg had it right, and Larry Martin, and The Associated Press, and bradwarthen.com, all had it wrong. AP moved this correction last evening:

SC legislators make collards state vegetable

Corrects that the designation is for “official vegetable” instead of “official leafy vegetable.”

COLUMBIA, S.C. (AP) – South Carolina senators have named collard greens the state’s official vegetable.

The Senate on Tuesday approved recognizing collard greens with a 30-12 vote. The proposal needs to get routine final approval Wednesday before being sent to the House.

State Sen. Greg Ryberg of Aiken wondered why collards were getting singled out for recognition and not something like green beans.

State Sen. Larry Martin of Pickens said the designation was for a leafy vegetable and green beans weren’t leafy vegetables.

But the legislation doesn’t limit the designation to a leafy vegetable.

That means collard greens can stand tall over everything from everything from arugula to zucchini.

I don’t know about the AP, but I suddenly feel the need for a leafy vegetable with which to cover my nakedness…

I really need to get over to the State House more

A colleague laments that she missed this debate over in the Senate today. I feel the same. Note the boldfaced part:

The Associated Press

COLUMBIA, S.C. South Carolina legislators gave the lowly collard green its due Tuesday when the Senate agreed to make it the official state leafy vegetable.

Always washed, frequently boiled and traditionally a charm for wealth in the New Year first put on Southern tables by slaves, the collard green would join dozens of other “official” things the state recognizes.

For instance, milk is the state’s official beverage and state-grown tea is the state’s official hospitality beverage. The Carolina wolf spider is the state’s official spider and the bottlenose dolphin is the state’s official mammal.

The 30-12 vote showed there were collard green doubters.

Sen. Greg Ryberg, an Aiken Republican and Wisconsin transplant, wondered if there was competition.

Sen. Larry Martin, a Pickens Republican, defended the choice. “We all know the popularity of the collard,” Martin said.

“What about the green bean?” Ryberg asked in a reference to past efforts to put money into a green bean museum.

“The green bean’s not leafy,” Martin said flatly. “This is very specialized.”

I’d like to have been there for that.

A few words from Amazon’s local friends

Well, I’ve gotten my hands on audio of that radio ad I was wondering about last week from the friends of Amazon — and a second one as well. Here’s audio for the first ad, along with the script:

In the elections, politicians promised jobs.

When Amazon announced plans for a distribution facility in Lexington County, it meant 12-hundred and fifty full-time jobs and hundreds of part-time jobs.

Not only that, but millions of tax dollars for our schools.

South Carolina promised Amazon it would work to make this happen.

But Wal-Mart and other retail giants are trying to force the state to break its promise and make Amazon collect taxes from South Carolina customers. The courts say that’s wrong.  If Walmart gets its way, Amazon has said that it would have no choice but to leave.

This isn’t about online sales taxes. That’s for Congress to decide.

It’s about paychecks and healthcare benefits families. Property taxes for schools. And purchasing power for small business.

Call your legislator and Governor Haley now. Ask them to keep South Carolina’s promise to Amazon by extending the Job Creation Act. Say yes to jobs. No to Wal-Mart.

And here’s audio for the second, and that script as well:

The Upstate has BMW and the Low Country Boeing.

Now it’s our turn with Amazon.

Forbes calls Amazon the number one company in America for customer service.

Fortune listed Amazon as one of the world’s most admired companies.

We NEED one of America’s best companies working with one of America’s best regions to grow and prosper.

Call your legislators and Governor Haley. Tell them to pass the Amazon bill because 1200 jobs with benefits are exactly what we need.

Paid for by Save Our Lexington Jobs.

As you see from that first item, a large part of the case being made is that the opposition is Walmart. And indeed, it is a big liability for opponents of Amazon getting the break it seeks — and a huge irony as well. The anti-break faction paints itself as being all about “main street” — and we all know that Walmart has done more to hurt ol’ Mom and Pop than anyone. Which is why that side is quick to point to local business allies.

Both sides are playing on emotion, of course — fairness vs. mean ol’ Walmart. That’s because this is a political battle.

Which is why one seems out of place when one cites dry policy justifications, as my friends at The State did. They were right, of course: we need to be moving TOWARD collecting taxes on online purchases, not away from it. That’s the big picture. Unfortunately, when you’re looking at that many anticipated jobs going away, that “big picture” can seem awfully abstract.

That’s why I get somewhat uncomfortable defending the position that is, in the abstract, completely right. Like when I was talking with Mike Briggs of the Central SC Alliance this morning at breakfast.

To Mike, Amazon was promised this break — which is really about reinstituting a break that existed in state law before. To me, the idea that anyone could consider anything that depended upon action by the SC General Assembly as a promise seems far-fetched. Perhaps legislatures act more predictably in other states where Amazon does business, but they certainly don’t here. A “promise” made by Mark Sanford (who’s he?) to TRY to get something enacted hardly seems binding on anyone currently in office. YES, it could indeed make the job of economic development in the future harder, to the extent that other prospects also see this as having been a promise. But do you really do something you think is bad policy because of that? Maybe you do, if you need the jobs badly enough…

Mike’s stronger point is that this distribution center is hardly the kind of “nexus” that was anticipated in the case that set national precedent on whether businesses were required to collect such taxes. He argues that it was about storefronts, not about administrative facilities. He may be right.

My response is that what we need is national law that would require Web businesses to collect sales taxes regardless of whether they have a local precedent. Web businesses have enough of a competitive advantage over bricks-and-mortar businesses that provide jobs (and, ahem, buy advertising) in our local communities. Government should not allow them another.

Yeah, I get it — that’s  NOT the law now. But apparently, current law DOES hold that Amazon would have to collect the taxes once its facility is built. And granting a specific break to Amazon on this would be a move in the direction AWAY from the kind of law we should have, nationally.

Yeah, I know. Such dry policy considerations about laws we OUGHT to have are cold comfort to someone who was counting on getting a job at Amazon. And I respect that.

Which is why I’m trying to give as much exposure as I can to the pro-Amazon argument. So my readers have all the ammo they need to disagree with me, if they are so inclined. Hey, I try to do that all the time, but in this case I feel particularly obliged.

In that spirit, I call your attention to one other item from the pro-Amazon campaign — this op-ed piece in the Charleston paper, by Lewis F. Gossett, president and CEO of the South Carolina Manufacturers Alliance. An excerpt:

Debate about extending the Jobs Creation Act for Amazon goes far beyond the Midlands, which stands to gain 1,200 full-time jobs with benefits, hundreds of seasonal jobs, and economic investment nearing $100 million.

How the General Assembly and governor handle this project will affect every county’s ability to compete in the global economy for jobs and investment. If they fail to simply extend a tax provision that has existed for five years, leaving Amazon no choice but to go somewhere else, every state in the nation will have the same message for job creators large and small: If South Carolina will break its word to a world-class company like Amazon, it will do it to you.

Decades of work to make us a global player, from Carroll Campbell to Gov. Haley, and heroic efforts by the General Assembly to make our laws business-friendly will be compromised by a broken promise.

Make no mistake, the outgoing administration promised Amazon reinstatement of a just-expired law that did not require online retailers to collect sales taxes from South Carolina customers. Secretary of Commerce Robert M. Hitt has said so.

Detractors can parse language in the formal agreement all they want, but the fact is that every major deal between the state and private companies contains a lot of formal language, as well as verbal agreements and handshakes. Company officials from well-publicized large projects in the Upstate and in the Charleston area also trusted state leaders to get incentive packages approved by governments at all levels. And it is true for Amazon…

It’s a tough issue. And I find myself on the less-comfortable side of it.

SC Senate steps out, takes a stand for collards

This came in this afternoon from John O’Connor:

S.C. Senate Judiciary approves bill making collards the state’s official leafy vegetable.

I asked John whether there were any votes for arugula, but he said not.

Now, before y’all go off on a tirade about how the Legislature spends all its time on such silliness (which is probably the complaint I hear the most often about lawmakers), the truth is that they don’t. Spend all their time on stuff like that. In fact, Judiciary also debate the bill to have the governor and lieutenant governor run on the same ticket, and to have the state superintendent appointed rather than elected. This is all according to John. On account of The State still pays him to hang out over there…

Both ought to pass easily, but of course, this being the SC Senate, what ought to happen has little to do with reality.

BUT… this time, they actually did pass the superintendent bill, 17-2. Which is something.

By the way, you may or may not be gratified to know that Sen. Robert Ford DID speak out about the Senate wasting its time on things that didn’t matter. But he wasn’t talking about the collards; he was talking about the changes to our constitution.

My favorite one of John’s Tweets today:

Twitter can’t do justice to Sen. Ford’s arguments.

National media discover we’re (gasp!) still fighting the Civil War — where have they been?

The dim, hazy past? Think again...

Certainly not in South Carolina, where a week hardly passes without new Nullification legislation passing through the State House.

A friend brought my attention today to this CNN item, which cites various “ways we’re still fighting the Civil War.” The most pertinent passage:

Nullification, states’ rights and secession. Those terms might sound like they’re lifted from a Civil War history book, but they’re actually making a comeback on the national stage today.

Since the rise of the Tea Party and debate over the new health care law, more Republican lawmakers have brandished those terms. Republican lawmakers in at least 11 states invoked nullification to thwart the new health care law, according to a recent USA Today article.

Well, duh.

Other parts of the piece were less impressive. For instance this standard-issue 2011 take on what a dangerous thing religion is:

If you think the culture wars are heated now, check out mid-19th century America. The Civil War took place during a period of pervasive piety when both North and South demonized one another with self-righteous, biblical language, one historian says.
The war erupted not long after the “Second Great Awakening” sparked a national religious revival. Reform movements spread across the country. Thousands of Americans repented of their sins at frontier campfire meetings and readied themselves for the Second Coming.
They got war instead. Their moral certitude helped make it happen, says David Goldfield, author of “America Aflame,” a new book that examines evangelical Christianity’s impact on the war.
Goldfield says evangelical Christianity “poisoned the political process” because the American system of government depends on compromise and moderation, and evangelical religion abhors both because “how do you compromise with sin.”

Which sort of prompts one to ask, So… what are you saying? That owning other people isn’t a sin? Just curious.

How many SC lawmakers does it take to screw up light bulbs?

You thought that SC lawmakers had already done everything they could possibly do to emphasize to the world that, if given the slightest excuse, they would secede all over again? Well, you were wrong.

These boys are creative, and they never miss a new way to celebrate the spirit of Nullification. This just in:

COLUMBIA, S.C. (AP) – South Carolina legislators are throwing a lifeline to traditional incandescent light bulbs as they try to trump federal energy standards.

The House on Thursday approved legislation with a 76-20 vote that would allow companies to manufacture the bulbs in South Carolina and sell them here.

The measure needs routine final approval next week before heading to the Senate.

Federal energy standards have manufacturers turning to compact fluorescent, halogen and LED bulbs. Manufacturers phase out traditional 100-watt incandescent bulbs next year.

Proponents say more efficient bulbs cost too much and they don’t like the light they provide.

The Incandescent Light Bulb Freedom Act allows manufacturers to make the traditional bulbs and stamp them as “Made in South Carolina.” They could only be sold in the Palmetto State.

Someone who doesn’t understand South Carolina — someone who thinks the sesquicentennial of secession is a commemoration of the way we were, rather than a celebration of who we ARE — might think that this is just a particularly moronic way of rejecting any kind of concern for the planet as “liberal,” and therefore beyond the pale.

But if you really do understand South Carolina, you realize that yes, it’s that, but it’s also a chance to relive the heady days of 1860, and cock a snook at the federal gummint. Especially that Obama.

So that’s, what? Three birds with one stone? Environmentalism. The Union. And Obama.

These guys aren’t dummies, no matter what you think. They are geniuses at what they do.

They’re going to keep trying until they provoke that Obama enough that he tries to resupply Fort Sumter. They’ll be ready for him, too.

Another middle-aged white guy heard from about Kitzman letter

And the thing is, this one is one of Eleanor Kitzman‘s bosses — House Ways and Means Chairman Dan Cooper, 50.

This came in over the transom yesterday, and I suppose it’s the letter that John O’Connor (oh, and happy birthday today, John) referred to in this story.

Of course, I kid about the “middle-aged white guy” thing, because I find Identity Politics (particularly as practiced by Ms. Kitzman) so wonderfully goofy. But the real issue is how unprofessional it is to play the defensive toady to ONE of your bosses in such a public manner.

So I can see how Rep. Cooper would not approve.

Pretty scathing, huh?

Just to say something you don’t hear all that often

The quixotic demonstration at the State House yesterday by citizens sick of seeing our state’s infrastructure rapidly eroding under the stewardship of shortsighted politicians was of course an exercise in futility.

But I’m no stranger to that. A few minutes ago, looking for a link for a previous post that needed one, I went back to the last week of posts on my old blog I had at the paper, and ran across this forgotten item — which, as it happens, was day after the post in which I announced that I had been laid off:

Good job rejecting the tuition caps

This might sound strange coming from a guy who was already counting pennies (or quarters, anyway — I miscounted how many I had this morning in my truck, and ended up with a parking ticket because I didn’t have enough for the meter), with my two youngest daughters still in college. And now I’m about to be unemployed.

But I’m glad the House rejected tuition caps at S.C. colleges and universities. I have an anecdote to share about that.

Remember the recent day when college students wandered the State House lobbying lawmakers on behalf of their institutions. They wanted the state to invest in higher education the way North Carolina and Georgia have. Either that day, or the day after, I had lunch with Clemson President James Barker, and he told me an anecdote he had witnessed: He said the students were pressing a lawmaker NOT to support the tuition caps, because they were worried about their institutions being even more underfunded — they hardly get anything from the state — some are down below 20 percent funding by the state, and the rest has to come from such sources as tuition, federal research grants and private gifts. Eliminate the ability to raise tuition, and the institution’s ability to provide an excellent education is significantly curtailed. If we want lower tuitions, the state should go back to funding higher percentages of the schools’ budgets, the way our neighboring states with better higher ed systems do.

The lawmaker listened to the kids, and then said with great condescension, maybe you kids don’t care if tuition goes up, but I’ll bet your parents would like a cap. He thought he had them there, but the kids set him straight: None of their parents were paying the bills. These kids were working their way through schools and paying for it all themselves. And they didn’t want to see the quality of what they were working so hard to pay for be degraded by an artificial cap on tuition. The lawmaker had not counted on getting that answer.

I wish I had been there to see it, because I’ve been in a similar place before. Back in 95 or 96, Speaker Wilkins had brought his committee chairs to see us, and I started challenging the wisdom of their massive rollback of property taxes paid for school.One of them allowed as how he bet I was glad to get that couple of hundred dollars I didn’t have to pay. And I answered him that I was ashamed that I was paying so little through my property tax to support schools that I knew needed more resources. He said smugly that he was sure I wouldn’t want to give it back. I told him I didn’t see as how there was any channel for doing that, but if he could point me to the right person who would take my money and see it gets to the right place, I would pay the difference. He didn’t have a good answer for that.

It would be great if our lawmakers would stop assuming that all of us in South Carolina are so greedily shortsighted that we can’t see past our personal desire to pay less money, and that we are corruptible by a scheme to starve colleges of reasonable support.

Reading that now, with all that’s happened since — the rise of the Tea Party, the eagerness of Republicans, demoralized after their 2008 defeat, to embrace destructive extremism (and of course, what happens to the Republican Party as happens to South Carolina, which it dominates), the election of Nikki Haley over more experienced, less extreme candidates of both parties — it reads like thoughts from another century. And, of course, another place.

Imagine, even dreaming of our state caring enough about education to invest in it the way our neighboring states have, much less suggesting that we do so. How anachronistic can one get? All that’s happened since then is that South Carolina has run, faster every day, in the opposite direction — with out elected leaders firmly convinced that that is not only the right direction in which to run, but the only one.

Sheheen (and Knotts — yeah, Jake) going after “leadership PACs”)

Got this yesterday, thought I’d pass it on:

Dear Brad —

People say that “money is the mother’s milk of politics.”

It seems that no matter how many rules we put into place to regulate the flood of money and influence in our elections, politicians too often find ways around these rules.  Here in South Carolina, one vehicle for getting around campaign contribution limits imposed by law is through entities called leadership political action committees or “leadership PACs.”  Some politicians operate “leadership PACs,” which enable them to accept larger contributions from their cronies and then, in turn, dole out money to other candidates.  This creates a culture of politicians whose coffers are flush with money being able to exert influence over others through their “leadership PACs.”

The end result?  Corruption and unfair influence.  I’m writing today to for your help in putting a stop to this practice.

It has not been the custom in the South Carolina Senate for members to operate “leadership PACs,” but recently Sen. Jake Knotts and I proposed and passed a new rule explicitly banning the practice among senators.  We are hoping that this will put pressure on our colleagues in the South Carolina House of Representatives to follow suit.

I’ve sponsored a bill this session that, if passed, would ban PACs organized by or on behalf of any statewide officeholder or member of the General Assembly.

Will you call or email your legislators today and urge them to support S. 633? You can look up your members of the South Carolina House and Senate by clicking here.

The editorial board of The State newspaper published an editorial this week urging members of the legislature to pass this bill.  I’ve included this editorial below.

Not sure how the Sheheen/Knotts team-up happened. I guess it’s just a coalition of the willing. In any case, 38 other senators have signed on. Of course, as Cindi noted in the edit, that’s probably because “leadership PACs” are a House, not a Senate, phenomenon. You probably know that historically, the divide between House and Senate has been much sharper than that between Democrat and Republican. As the edit noted:

For the record, the only ones we’re aware of are controlled by House Speaker Bobby Harrell, House Ways and Means Chairman Dan Cooper, House Labor, Commerce and Industry Chairman Bill Sandifer, House Democratic Leader Harry Ott and Reps. Jim Merrill, Alan Clemmons and Gilda Cobb-Hunter.

S.C. Border Patrol? Can anyone POSSIBLY think of anything more absurd for a state that can’t afford basic services?

Well, I sort of said it all in the headline, didn’t I? In fact, I already did on Twitter early this morning; I’m just repeating myself here because not ALL my readers follow me on Twitter (even though they should). Also, this is a better place for your comments.

But here’s the report that inspired it:

The S.C. General Assembly would have to find money in its already strapped budget to pay for its version of a border patrol if the latest version of the state’s proposed immigration law wins approval.

The Illegal Immigration Enforcement Unit would fall under the supervision of the S.C. Department of Public Safety, according to a provision added Wednesday by Sen. Jake Knotts, R-Lexington. The unit would have its own insignia, uniforms and cars, and the Department of Public Safety would have to create it as a separate entity from the S.C. Highway Patrol, which already faces a shortage of troopers.

The bill passed the Senate after a session that stretched past midnight and into Thursday morning. Senate leaders and the bill’s sponsors were determined to push immigration legislation through its chambers before the schedule gets filled with budget debates and the task of drawing new legislative districts…

Maybe this is a good thing, though. Maybe this way — authorize it, but don’t fund it — they get all this stuff out of their system so they can move on to significant issues facing the state. On the other hand, given the way they’ve approached some of the critical issues lately, maybe not.

This stuff just astounds me. The “small-gummint” people who are trashing critical services left and right, and seeing that as a GOOD thing rather than a bitter necessity, because their ideology blinds them to the realities in the world, want to create a whole new government apparatus — something that is CLEARLY a federal function, under any rational understanding of levels of government, under the principle of subsidiarity or whatever you choose to apply — to scratch this one irrational itch.

Stuff like this just makes me feel… well, perhaps Billy Jack said it best (apologies for the paraphrase, Billy):

Bernard, I want you to know… that I try. When Jean and the kids at the school tell me that I’m supposed to control my violent temper, and be passive and noncynical like they are, I try. I really try. Though when I see garbage like this… the absurdity of this idiotic moment of yours… I just go BERSERK!

Our young governor’s presumption apparently knows no bounds (and it’s kinda freaking me out)

Been feeling the need to write this ever since I read the paper early this morning. I haven’t had time before now…

Nikki Haley kind of blew my mind on three fronts this morning, which caused me to go on a bit of a rant at breakfast (Wesley isn’t the only ranter in Columbia), along these lines:

  1. Haley to grade legislators.” Did you see that headline this morning? I normally eschew text-speak, but WTF? None of the lawmakers quite came out and said this, but I’ll tell you what they were thinking: “This little girl couldn’t even get called on when she raised her hand at the back of the class a year ago, and now she’s going to grade US?” This would be followed by the aforementioned “WTF?” Yep, lawmakers really think like that, the insensitive brutes. Now, before you think this is just a question of whom you like — with reactions divided between Haley fans who cheer, “Go get ’em, Nikki!” and the harrumphers who do not and never will be Haley fans — allow me to point something out to you. It would be presumptuous for anyone to do this. Back when I worked in Tennessee, some writers at one of the Nashville papers would grade all the legislators at the end of the session each year. I thought it presumptuous as all get-out, but… it was still within the bounds of acceptable commentary. And it would certainly be permissible for me to do something like that on my blog, although you would be equally free to tell me to what extent I was full of it. Just an exchange of views among citizens. But here’s the problem with Nikki doing it, in case you didn’t make it through Civics 101: She’s the governor, which means she’s the closest thing to a head of the executive branch that we’ve got (in another state, she’d be the head of the executive branch, but this is South Carolina). For the chief executive to use whatever political influence she has to harass and bully and threaten lawmakers, even in as silly a manner as this (do my will, or I’ll give you a bad grade!), smacks of bossism. Ben Tillman would have loved a device like that for keeping lawmakers in line, and Boss Crump as well. Folks, the best virtue Nikki Haley has going for her is that she advocates restructuring that would make the executive branch more accountable to the governor (and in fact, it’s their positions on reforms like that that she plans to “grade” lawmakers on). But this kind of behavior gives executive power a bad name, and gives lawmakers — who don’t want to give the governor power anyway — an excuse to blow her off, just as Mark Sanford did with his defecating piglets. And that’s what takes this beyond silly, practically to the realm of outrage. The very modest restructuring legislation that just passed the House will have tough-enough sledding in the Senate (where all such reforms go to die) without this nonsense.
  2. Governor takes aim at state employee benefits.” Wow. Poor Nikki. Last year, she was the darling of the national media (which is how she won the election), making the cover of Newsweek twice. Now, she feels forgotten. Through the lens of this story, you can see the little wheels turning in her head: Look at all the attention that governor in Wisconsin is getting! That’s so unfair? What’s he doing? Oh, he’s trying to take away state employees collective bargaining power. What an awesome idea! I’ll do that too, and then I can get some attention? What? Oh, drat! We don’t HAVE public employee unions in South Carolina, so I can’t strike dramatic poses fighting against them! That’s really, REALLY unfair! What, oh what am I going to do? There must be SOMETHING I can do to state employees here that will draw attention… but what? I know! I’ll go after their BENEFITS…
  3. The mystery man on Haley’s staff.” THIS one is so weird, that I suspect there’s a typo in it somewhere. So… Nikki has a guy on her staff who supposedly is only being paid $1 a year. He’s supposedly a government-efficiency expert who’s gonna help the gov straighten out waste and inefficiency in our gummint. He uprooted his family and moved here from Pennsylvania for the job — for the $1-a-year job. OK, this causes a lot of people to suspect there’s something else going on, and speculate that he’s waiting around for a real job that could come open soon. This he denies, or at least says he hasn’t been promised anything. But that wouldn’t be my theory anyway, given those facts. MY theory is that he’s being paid by one of those national ideological groups that flock around the Mark Sanfords of the world. Howie Rich, or Grover Norquist or some such. But he says no, that he’s living off his state employee pension from Pennsylvania. Got that? OK… The story also says he’s 32 years old. Twice. In the main body of the story, and in a graphic. After someone suggested it was a double-typo, I Tweeted John O’Connor to ask him. He Tweeted back that “No, that’s his age according to the governor’s office.” So maybe the governor’s office is wrong about his age. But if not — this guy’s able to live on a state pension (and I went back to look again, and yes, the only jobs listed in the published summary of his resume sound like state jobs) at the age of 32 — and he’s here as an expert on government efficiency? That ought to make state employees breath a sigh of relief. No way he’ll have the nerve to urge the governor to reduce their pensions, huh? Unless he’s the nerviest guy in two states. Somewhere, there’s gotta be something inaccurate in this picture, because the “facts” we have definitely don’t add up.

OK, I got all that off my chest. Now, to shift gears on you, and praise our governor for her pushiness — in that same story about state employee benefits, she promised to present lawmakers with a comprehensive tax reform plan. THAT’S the kind of presumption I can cheer for. But I’m going to hold my applause until I see whether it’s comprehensive, and whether it’s reform. The first sign will be whether she steps up and proposes to undo the execrable Act 388.

And… now that I’m cooled down a bit… I’ll go further in that backtracking direction: I still haven’t made up my mind about what I think of the bill I wrote about earlier that would do essentially what Nikki’s saying with state pensions. (Mainly because I haven’t yet seen enough about it — on something that complex and that financial, I sort of need some broad input to make up my mind.) But the truth is, I read items 2 and 3 right after reading item 1 this morning, so it all looked bad while I was in that mood.

And now that I’m looking at them again before hitting “Publish,” I’m still kinda freaked out…

Breathtaking euphemism: Cutting health care payments in SC

Catching up on my e-mail, I ran across this release from our friend Wesley over with the Senate Republicans:

Senate passes bill giving DHHS budget flexibility

The state Department of Health and Human Services needs to crawl out of a $228 million hole for this fiscal year, alone. Next year, deficit estimates top $500 million. But, it doesn’t have to stay this way. That’s why Senate Republicans led the fight today to pass S. 434 — it removes budgetary constraints on the actions of agency director Tony Keck and gives him and his department more flexibility as it comes to this fiscal crisis.

The legislation, chief sponsored by Senate Majority Leader Harvey Peeler and cosponsored by Senators Kevin Bryant and Lee Bright, requires the ability to purchase generic drugs instead of more expensive name brands. Most importantly, it repeals part of a proviso that stopped any DHHS director from modifying the schedule by which doctors and hospitals were paid through the state’s administration of Medicaid.

“This bill is all about untying Mr. Keck’s hands and allowing him to do his job as effectively as he can,” Peeler said following the vote. “That doesn’t mean he has to cut programs, it means he can cut. With such a huge deficit, we need Keck to be running his own agency, not micromanaged by the legislature.”

The bill’s passage is also seen as a win for Gov. Nikki Haley. It both invests more power to an executive branch agency and hands those reigns over to one of her recent appointments. The budgetary problems within DHHS — and Medicaid in particular — have been high on issues to address for both the governor and the legislature as they entered this session.

Keck has said that he’s looking at making health care providers modify their staffing ratios, increasing patient co-pays and taking a hard line in favor medical tort reform. Senate Republicans are ready to help him in any way possible fix the agency’s financial problems.

“Flexibility.” I like that. It reminds me of when people who want to increase taxes call what they’re doing “revenue enhancements.” When conservatives in SC want to cut spending on life-and-death essentials, they call it “flexibility.” As euphemisms go, it’s sort of breathtaking.

I especially liked this part, so I’ll repeat it:

“This bill is all about untying Mr. Keck’s hands and allowing him to do his job as effectively as he can,” Peeler said following the vote. “That doesn’t mean he has to cut programs, it means he can cut. With such a huge deficit, we need Keck to be running his own agency, not micromanaged by the legislature.”

Translation: We’re going to flat make these cuts, but we are not going to take the responsibility. That’s what the governor hired Mr. Keck to do. Interesting how sometimes, the Senate sees granting power to the executive as a good thing. Take note, boys and girls. Take pictures, and remember so you can tell your own children, because this doesn’t happen often. Normally, as Cindi wrote on Wednesday, or Legislature is “fixated… on micromanaging the most mundane minutiae of state government…”

But flexibility — that’s a good thing, right? Sounds good, anyway.

Here’s the way what the Senate did was described by a neutral party (which is why we have the MSM):

The S.C. Senate gave key approval Thursday to a bill allowing immediate cuts in state payments to doctors and hospitals that treat patients in the state-run health care program for the poor and disabled.

Gov. Nikki Haley and the Department of Health and Human Services have sought to cut those payments in order to make up part of a $225 million deficit at the state’s Medicaid agency. Agency director Tony Keck said the state could save $2.4 million between now and June 30 for every percentage point that it cuts those payments.

The bill also requires HIV, AIDS, cancer and mental-health patients to use generic drugs or get prior approval from the state’s health agency to use more expensive, non-generic drugs.

So you’ve seen it described two ways — by the perpetrators and by the news media. Now, here’s the assessment of someone at the other end of the spectrum. Samuel Tenenbaum, the head of Palmetto Health Foundation, came to my table at breakfast to make sure I knew what was going on from the perspective of health care providers. He said it’s not a fiscal issue, but a moral issue, for this reason: Cut back on payments for care, and “people will die.”

This, of course, will be dismissed by folks at the first end of the spectrum who will describe Samuel as a bleeding-heart liberal Democrat whose ox is being gored. They’ll tell him to get out there and work harder raising money for the hospital, if he’s so concerned. But you know, I don’t distrust the judgments of people who are actually involved in the complex business of paying for health care. I tend to think that they, the involved parties, more than anyone else, may actually understand the situation. Call me crazy.

Later in the day, Samuel sent me this set of more formal talking points, elaborating on his stark assessment at breakfast:

• The Problem
Former Governor Mark Sanford originally requested $659 million to fund the Medicaid program for fiscal year 2011-12. Governor Nikki Haley and her Medicaid director Tony Keck reduced that request by over $200 million. More than half of that reduction would be made up by reducing Medicaid payments to hospitals, physicians and other healthcare
providers.
• South Carolina Hospital Association Proposal
SCHA member hospitals support a temporary increase in the $264 million hospital contribution to the state’s Medicaid fund as opposed to a cut in hospital provider rates.
• Why contribute rather than cut?
• A 10 percent reduction in the rate paid to hospitals will “save” $47 million in state funds but “cost” the state almost $170 million in federal matching funds. As Mr. Beaman has stated, a 10 percent cut for Palmetto Health will result in a $22 million loss to our system.
• Over 2600 South Carolina hospital jobs will be put in jeopardy.

So there you have it, a sort of Three Bears approach — perspectives on the issue from both ends and the middle. See what you think.

Where we’re headed: Pack heat, or else

Have y’all seen this?

COLUMBIA, S.C. — A House panel on Thursday will take up a bill that would allow anyone who can legally own a firearm in the state to carry a concealed weapon without a permit.

The move to loosen gun laws comes in the wake of the Jan. 8 Arizona shootings that killed six and left U.S. Rep. Gabrielle Giffords recovering from a gunshot wound to the head, as well as a Dec. 14 incident in Florida where an armed man threatened school board members before he was fatally shot by security.

But rather than seeking to tighten gun restrictions, as some Democrats have urged President Barack Obama to do on the federal level, South Carolina lawmakers are looking at how to make it easier to carry weapons for protection…

Yes, it said LOOSEN our concealed carry law. You know, the one that I had thought had been already been made looser than a gang-banger’s waistband by previous legislation.

Why do we see legislation like this every couple of years? Because we get NEW ideologues in the Legislature who weren’t part of the previous liberalization, and felt left out, and are trying to make their mark and prove to constituents and posterity that THEY, personally, love guns more than anyone.

You know where this is going, don’t you? Another couple of election cycles with heavy Tea Party involvement, and we’ll have legislative newbies pushing legislation requiring us all to go armed at all times. (And if anyone complains that such compulsion violates their rights, they will blame Obama for starting the whole mandate trend with his health care thing.)

I don’t know if I’ll be able to afford it. Have you seen what guns cost these days? It’s not like in Lee Harvey’s day.

Tom Davis has the right approach on cameras

Sen. Tom Davis is my favorite Sanfordista, because while he believes some unlikely things with which I disagree, he at least takes a reasonable approach to things. He has a laudable willingness to engage with people with other views, and to avoid letting his ideology blind him:

BEAUFORT, SC (AP) – Beaufort Sen. Tom Davis wants a commission to study automated traffic cameras like the ones being used in Ridgeland on Interstate 95.

Ridgeland’s use of the cameras to catch speeders has prompted a senator to offer a bill to outlaw the cameras, as well as a federal lawsuit challenging the use of the cameras.

Davis wants a panel of members of state government, law enforcement and the South Carolina Bar Association to report to lawmakers by Nov. 1.

Bonneau Sen. Larry Grooms wants to ban traffic tickets based on photos and to require police to give tickets to drivers within an hour of a violation.

Ridgeland has mailed tickets to more than 8,000 drivers since last summer.

Some Beaufort County House members have offered a bill to ensure the traffic cameras are legal.

Yes, study it. While I vehemently defend the local government’s right to do this without being stepped on by the state (that subsidiarity thing again), I’d like to know more. I have my own reservations. For instance, don’t you lose a deterrent effect when the speeder is not stopped at the time of the offense (which tends to slow him down, at least for a time). Is that deterrent loss offset by the signage warning drivers of the camera’s presence? I don’t know.

But the standard should be, What works? Not vague anti-gummint ideology, or the preferences of the defense lawyers who represent speeders, or the perverse urge to frustrate local communities’ desire to govern themselves without state interference, or any of the other factors that tend to predominate in our XGR.

Cheese it! The speaker’s following us!

Maybe it’s the exclamation point. Whenever I get a message such as the one that came into my IN box an hour ago:

Bobby Harrell is now following you on Twitter!

Bobby Harrell (@SpeakerHarrell) is now following your tweets (@BradWarthen) on Twitter.

… I always feel like it’s meant to be a warning of some kind. WATCH OUT!

Maybe I feel that way particularly because I spent a couple of hours today listening to Barbara Seymour, the Deputy Disciplinary Counsel to the Supreme Court of South Carolina (author, for instance, of “Eight Simple Ways to Lose Your Law License by Email“), speak eloquently, cogently and in great detail about how dangerous social media can be.

Of course, she was speaking specifically to the dangers (ethically, professionally, etc.) of social media to lawyers and their firms — this was a meeting of the SC chapter of the Association of Legal Administrators (I was there because ADCO works with a number of law firms) — but it was still pretty scary. I might write a post about it later — or rather, a post about a long-standing topic of interest to me: What does it mean to be a “friend” on Facebook? How “social” are these media? What are the implications (social as well as legal and ethical) of the connections thus formed, and how should one express oneself in such venues? Etc.

Interesting stuff (to me). But I digress.

Just to remind you how outrageous the benefit for legislators is…

Back on my last post, I gave you a link to one of Cindi Scoppe’s periodic columns reminding us all just what an appalling boondoggle the retirement benefit for SC legislators is. In case you didn’t follow the link, I’ll make it easier for you by posting this relevant excerpt (note that I’ve boldfaced the best bits):

There are many things that make this pension system extra special, from the fact that such a thing even exists for part-time employees to the fact that former legislators can keep building up credit in it at super-subsidized rates even after we kick them out of office. but the worst thing about it is those super-subsidized rates: For every dollar that state legislators contributed to their pensions last year, state taxpayers contributed $3.33. By contrast, for every dollar regular state employees contributed to their own pensions last year, taxpayers contributed a relatively paltry $1.43.

The reason taxpayers have to contribute so much is that legislators’ pensions are quite generous. Regular state employees who work 30 years can receive a pension equal to 43 percent of their final salary. A legislator (or former legislator) who contributed to the system for 30 years could receive a pension equal to 1.45 times his legislative salary. Yes, you read that right: Legislators can draw pensions that are nearly 50 percent more than their salary.

There is no justification for any sort of legislative pension system, much less one that taxpayers subsidize so much more than the one for the full-time career employees who put the laws the Legislature passes into action, and still less one that allows defeated legislators to get the same benefit as those who actually are serving us. If legislators need to be compensated better — and I think a case can be made that they do — that compensation needs to come while they’re actually serving us, and it needs to be aboveboard where everyone knows about it, in their salary.

Federal pension laws require the state to pay benefits to everyone who already has retired under this system; they might even require the state to pay benefits to everyone who is vested. But there’s nothing — other than the legislators themselves — that requires us to keep giving those super-subsidized rates to current members, or to enroll new ones.

The very next thing that column said was, “You’d think that as tight as the legislative budgets are, someone would at least bring up that topic…”

And the good thing about the bills I wrote about back here is that their sponsors ARE at least bringing it up, even though it’s tucked away in the much-larger issue of retirement for actual state employees. So give them snaps for that.

But don’t lose sight of the fact that it’s a completely separate issue, and one that could be handled much more simply, by eliminating the legislators’ benefit altogether.

Anyone want to close the state retirement system (to new employees)? Discuss.

Well, now, here’s an interesting bill I haven’t heard about (although Kathryn may point out that everyone else knew about it but me):

S 0531 General Bill, By Campsen, Ryberg, Grooms, Bryant, Rose, Campbell, Shoopman, Davis and Bright Similar(H 3568) A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-5, 9-8-5, 9-9-5, 9-11-5, AND 9-20-5 SO AS TO CLOSE THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA, THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AND THE STATE OPTIONAL RETIREMENT PROGRAM TO EMPLOYEES HIRED OR OFFICERS TAKING OFFICE AFTER JUNE 30, 2012, AND TO PROVIDE THAT OFFICERS OR EMPLOYEES HIRED OR TAKING OFFICE AFTER JUNE 30, 2012 MUST BE ENROLLED IN THE SOUTH CAROLINA RETIREMENT INVESTMENT PLAN; BY ADDING CHAPTER 22 TO TITLE 9 SO AS TO ESTABLISH THE SOUTH CAROLINA RETIREMENT INVESTMENT PLAN AS A DEFINED CONTRIBUTION PLAN AND PROVIDE FOR ITS ADMINISTRATION AND OPERATIONS; AND TO REPEAL, EFFECTIVE JULY 1, 2017, CHAPTER 22, TITLE 9 RELATING TO THE STATE OPTIONAL RETIREMENT PROGRAM.

02/09/11 Senate Introduced and read first time (Senate Journal-page 7)

02/09/11 Senate Referred to Committee on Finance (Senate Journal-page 7)

The boldfaced parts are my own enhancement. Oh, and here’s the House version:

H 3568 General Bill, By G.M. Smith and Ballentine Similar(S 531) A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-5, 9-8-5, 9-9-5, AND 9-20-5 SO AS TO CLOSE THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA, AND THE STATE OPTIONAL RETIREMENT PROGRAM TO EMPLOYEES HIRED OR OFFICERS TAKING OFFICE AFTER JUNE 30, 2012, AND TO PROVIDE THAT OFFICERS OR EMPLOYEES HIRED OR TAKING OFFICE AFTER JUNE 30, 2012 MUST BE ENROLLED IN THE SOUTH CAROLINA RETIREMENT INVESTMENT PLAN; BY ADDING CHAPTER 22 TO TITLE 9 SO AS TO ESTABLISH THE SOUTH CAROLINA RETIREMENT INVESTMENT PLAN AS A DEFINED CONTRIBUTION PLAN AND PROVIDE FOR ITS ADMINISTRATION AND OPERATIONS; AND TO REPEAL, EFFECTIVE JULY 1, 2017, CHAPTER 22, TITLE 9 RELATING TO THE STATE OPTIONAL RETIREMENT PROGRAM.

02/02/11 House Introduced and read first time (House Journal-page 57)

02/02/11 House Referred to Committee on Ways and Means (House Journal-page 57)

02/08/11 House Member(s) request name added as sponsor: Ballentine

OK, so they were just alike. I just gave you both so you could get the names of the legislators responsible. You’ll note I provided links to each. I live to serve.

And to cause trouble, of course. Hard to imagine anything more likely to stir up one of the largest and most politically alert demographics you’re likely to find, state employees — even though it would not apply to them, but only to new hires.

Of course, there’s one thing that IS politically appealing here: Getting rid of the grossly overgenerous retirement system for legislators. That said, it seems that should be addressed in a separate bill, because the two things should not be mentioned in the same breath: the legislative system is SO much more generous, and offered in return for SO much less service, that the two things are like night and day. The state retirement system is a fiscal challenge. The legislators’ benefit is an outrage (read one of Cindi’s ever-popular columns on the subject, to remind you how outrageous). Changing what retirement looks like for future state employees may or may not be a great idea, or at least something that needs to be done whether its a great idea or not. Eliminating the legislators’ benefit is something that most would think is a great idea on its face.

Here’s how my thoughts went as I read the bill:

  • “Close the South Carolina Retirement System…” Whoa! There’s a bombshell.
  • … to employees hired or officers taking office after June 30, 2012…” Oh, OK. Still, that’s a huge issue that needs infinitely more discussion than it’s gotten.
  • Require new hires to “be enrolled in the South Carolina Retirement Investment Plan.” Huh. Well, I’ve never heard of that. Is it a viable option? How’s it doing? How has it performed? Can we have confidence in it as a viable option to a defined benefit?
  • “…establish the south carolina retirement investment plan…” So it doesn’t exist yet? OK, tell me more. Lots more.

And indeed, there are details below, although not quite enough — that is, not enough for a nonfinancial guy like me to tell whether the idea is viable.

What this looks like on its face is just what private employers have been doing for about a quarter-century and more: Moving employees out of pension plans, and into investment plans such as 401ks.

It’s worth talking about. A lot. Let’s start.


Also, there’s the fundamental issue of accountability

I’ve always been in favor of charter schools, and so has the editorial board at The State. (Some would think those two points are redundant, and some of my former colleagues would say the same, but I continue to insist that the board under my leadership operated by consensus and was not an autocracy. So my opinion and the board’s during that period were not the same thing. And that’s the way it was, because I say so, speaking ex cathedra. None may say me nay.)

Today’s editorial explaining why local districts shouldn’t fund state-chartered schools made me go “huh?” for a second, because I hadn’t really thought about that aspect of it (and I guess I missed when the issue came up).

But only for a second. Once I thought about whether such funding should come from DISTRICTS, I could think of all sorts of reasons why that was a bad approach to an otherwise good idea.

And many of those reasons were set out ably in the editorial. An excerpt:

What’s not reasonable is the plan before the House to force school districts to take local property tax money away from the schools they are responsible for and give it to charter schools that are completely independent of the districts. Unlike district-sponsored charter schools, many state-sponsored schools were set up over the objections of the local districts, and they do not receive local property tax funding.

The idea of forcing local schools to subsidize the state charters is particularly unreasonable today, when we are calling on districts to make difficult choices to reduce their costs. Consider what happened last week: The day after Lexington 2 Superintendent Venus Holland recommended closing one of the district’s 10 elementary schools to save money, the House Education Committee voted to make her district — and the rest of the state’s districts — spend money to keep the doors opened at a dozen schools over which it has no control. Although the timing isn’t so dramatic, the situation is even more absurd in Abbeville, where the legislation would force the district to pay for a school that opened in a high school that the district had shut down to save money.

In addition to the districts’ need to make these sorts of difficult decisions, there’s this very practical problem: Property taxes are set based on the number of students the districts expect to have in the schools they operate — not in the schools over which they have no say and whose enrollment they have no way of guessing.

In defending the plan to make local districts fund state-chartered schools, House Education Chairman Phil Owens claimed it “creates parity and equality.” But it does no such thing: To the contrary, it highlights the “parity and equality” problem we have throughout our public schools, because it requires each district to contribute whatever amount of money it spends per student for each local student who attends one of these schools. That varies widely from district to district, based on how wealthy each is and how much the people who live there value public education…

But the one main, critical, essential, fundamental reason why it was a bad idea was left out, or only implied, and it is this: As stewards of taxpayers’ money, districts shouldn’t have to fund something that they can’t hold accountable.

The districts run the schools under their jurisdiction, holding them accountable — with varying degrees of success — for the appropriations provided. That’s the essence of responsible government: You elect people to make decisions about raising and spending tax money (as well as other essentials of government). Taxes are levied on the local level specifically for the purpose of running those schools.

The whole idea behind charter schools is that they are free from being held accountable by that local district structure. There’s no way that local districts should be allocating any portion of the finite, limited funds (a demagogue would throw in, “taxpayers’ hard-earned money”) to any entity that is not answerable to that body for what it does.

The state charters these schools, and should be responsible for any funding that comes from public sources.

To elaborate… the editorial also made the very important point that ultimately, school funding is a state responsibility. And it is. And eventually, we need to get to the point where schools are not dependent on taxes raised locally — a practice that only exacerbates the gross inequities in quality of education available statewide.

This issue — the local funding and governance of schools — is one on which my opinion has changed over time. As one who believes in the principle of subsidiarity, my general tendency is toward pushing governmental responsibilities down to the smallest, most local level (the federal government should do far less than it does, and states should leave more up to local governments — in South Carolina, that means the Legislature getting off the necks of local governments and letting them serve their citizens unhampered).

That’s in general. But subsidiarity holds that functions should be performed by the smallest possible entity competent to perform them. And increasingly, I’ve started to think in recent years that the state (or at the very least, the county) is about as small an entity that can both fund and administer schools competently. Mind you, I think the SCHOOLS should enjoy more autonomy than they do, in terms of principals being more free to run them — particularly in terms of freedom to hire and fire. But to the extent that there has to be administration above the school level, that doesn’t have to be nearly as local as it is, and there are a number of reasons why it shouldn’t be (including the fact that while school boards are elected, the overwhelming majority of voters don’t have the slightest idea who’s running for school board, or which would do a better job, and you often get the kind of governance you would expect from that — and there is NO WAY these little-known entities should be levying taxes, as they do in some districts). A good start in making that less local is what I’ve advocated strenuously for 20 years: Consolidate school districts. But the ultimate goal, perhaps (I’m not 100 percent on this yet), should be statewide administration.

But I’m getting off the subject. Bottom line: Charter schools are a state creation (and it’s a good thing the state has created them, I continue to think). The state should pay for them, to the extent that they should be publicly funded. Legislators should deal with that, rather than trying to dump the problem on the overstressed districts.

My uncomfortable “yeah, but…” about Nikki’s (apparently) illegal meeting

I started my career in a state with a real Sunshine Law… Tennessee.

The expectation was clear there, back in the heady post-Watergate 1970s, that the people’s business would be done in public, and that government documents belonged to the people as well.

This led to a lot of awkwardness. For instance… I well remember a school board meeting I attended in Humboldt when I was covering several rural counties for The Jackson Sun. Humboldt was the closest sizable town to Jackson, and I knew my predecessor (who was now my editor) had regularly covered that body’s meetings. Trouble was, they were regularly scheduled on the same night as several other important public bodies’ meetings in my coverage area, and for the first few months I was on that beat, they always had something going on that demanded my attention.

Mondays were brutal. There were regularly several meetings I needed to go to across two or three counties, plus other breaking news. It was not unusual for me to start work early Monday morning, work through regular day hours, cover two or three meetings that night, spend the whole night writing five or six or more stories, get some final questions answered in the morning, make calls on another breaking story or two, and then file my copy at midmorning. Actually, I had a secretary in my Trenton office who laboriously transmitted each of my stories, a character at a time, on an ancient teletype machine while I finished the next story. If I was lucky, I could grab a nap in the afternoon. But Tuesdays were often busy as well.

I think the Humboldt school board meetings were on a Monday, but perhaps my memory fails me.

Anyway, I finally managed to make it to one of their meetings — and almost felt apologetic for not having been before. I sort of hated for the good folks of Humboldt to think the Gibson County Bureau Chief didn’t think them important. I didn’t know what was on the agenda; I had just been meaning to come, and finally, here I was.

Often, when I’d show up to cover meetings in these small towns, the chair would recognize me in a gracious manner, which tended to embarrass me. I mean, I wasn’t their house guest, I was a hard-bitten newspaper reporter there to keep a jaded eye on them. Of course, this graciousness was also a handy way of the chair warning all present that there was a reporter in the room.

But at this one, it would have been nicer to be formally welcomed than to experience what happened.

It was a singularly boring meeting — I kept wanting to kick myself for having chosen THIS one to finally make an appearance. They were approving annual contracts for teachers (you know, the kind of thing reporters would be excluded from in SC, as a “personnel matter”), one at a time, and it went on and on and on. There was NOTHING at the meeting worth reporting, and as I rose to leave I was regretting the waste of time.

Then this one member comes up to me with a swagger, and I smiled and started to introduce myself, and with a tone dripping vitriol, he sneered, “Bet you’re sorry you came to this meeting. We didn’t give you any controversy for you to splash all over the paper.” I mean, I’d never met this guy, and he frickin’ HATED me for some reason I could not imagine. What the hell? I thought: I come to your stupid boring meeting, sit all the way through it, and this is the reward I get? I didn’t know what to say to the guy.

It took me a day or so to figure out that the year before, my predecessor had covered a nasty fight over a teacher’s contract — one I had either not focused on or forgotten, since that wasn’t my turf then. It had been a HUGE deal in that town, and left a lot of raw feelings — many of them caused by board members’ deep resentment of having to have personnel discussions in public. This bitter guy assumed that the only reason I had come to the meeting, when I usually didn’t, was because teacher contracts were being discussed. When, in actuality, if I’d known it, I’d have found something to do that night in another county.

But I digress.

All that is to say, I came up with certain expectations of openness in government. Which means I was in for a shock when I came home to South Carolina to lead the governmental affairs team at The State. Barriers everywhere. An FOI law full of exceptions. A Legislature that cherished its right to go into executive session at will. Anything but a culture of openness.

I’m afraid I was rather insufferable toward Jay Bender — the newspaper’s lawyer and advocate for press issues before the Legislature — the first time he met me back in 1987. He had come to brief editors on the improvements he had helped get in state law in the recent session. My reaction to his presentation was “WHAT? You call that an Open Meetings law? You settled for THAT?” I was like that.

And I saw it as my job to fight all that, and crack things open at every opportunity. I was sometimes a bit insufferable about it. One day, I went to the State House (I was an unusual sort of assigning editor in that I escaped from my desk into the field as often as possible) to check on things, and learned that there was a committee meeting going on somewhere that wasn’t being covered (there are a LOT of those these days). I thought it was behind a closed door leading off the lobby. I charged, ostentatiously (I was going to show these complacent folks how a real newspaper ripped aside the veil of secrecy), with a photographer in tow, and reached resolutely for the doorknob.

One of the many folks loitering in the lobby — many of whom had turned to watch my bold assault on that door — said, “There’s a meeting going on in there,” in an admonitory tone. I said, right out loud for all to hear, “I know there is. That’s why I’m going in there.”

And I threw open the door, and there were two people sitting having a quiet conversation, suddenly staring at me in considerable surprise. No meeting. No quorum of anything. I murmured something like “excuse me; I thought this was something else” and backed out — to the considerable enjoyment of the small crowd outside.

Anyway, I take a backseat to no one when it comes to championing open government, and so it is that I say that Nikki Haley should not have met with two fellow members of the Budget and Control Board without the participation or knowledge of the other two officials. Curtis Loftis was right to protest, and Nikki’s chief of staff was entirely out of line to scoff at his protest.

That said, I had to nod my head when my colleagues at The State said this about the breach:

But here’s the thing: This was a meeting, and a conversation, that we want Ms. Haley to have with Senate Finance Chairman Hugh Leatherman and House Ways and Means Chairman Dan Cooper. After what we’ve been through for the past eight years, having these three officials even on speaking terms, much less meeting to talk through our budget problems, is a breath of fresh air.

Amen. That was indeed my first reaction: Nikki’s having a heart-to-heart with some key lawmakers? Good. At least, it offers me hope.

Maybe it wasn’t kosher. OK, it wasn’t, period. Totally against the rules as I understand them. And yeah, it’s easy to characterize it as hypocritical for Ms. Transparency to do something like this. But hey, Nikki persuaded me some time ago that she wasn’t serious about transparency when applied to her. That was a huge part of my discomfort with her as a candidate, and no shock now. But… at least MAYBE she made some progress toward overcoming another serious deficit in her qualifications to lead our state — her penchant for going out of her way not to get along with the leadership.

Maybe. I don’t know; I wasn’t in the room — which brings us back to the problem with closed meetings. Which is why I oppose them. But you know, the older I get, the more certain I am that stuff like that is way more complicated than it seemed when I was a young reporter.