Monthly Archives: March 2012

If I Had A Son (Obama’s Martin comment)

If I had a son

He’d be just like me

Only I don’t have a son

The war took him away

If I had a son

He’d fight for what’s right

He’d stay away from guns

Love the world and its people

But I don’t have a son

Only memories and pictures

He never got a chance

To make a better world

And now they are saying things

I find hard to believe

About sons and mothers

About right and wrong

If my son’s ghost came back  

He’d shake his head

Say: “Dad, what went wrong

While I was over there?”

How could I answer him?

What could I say to explain

Away the utter emptiness

That swallowed us all up?

Say: “Son, I did what I could

But they swallowed us up.

Swallowed you up. I’m so sorry.”

I cannot forgive this emptiness

But If I had a son

We would march together

Fathers and sons across the nation

Filling up emptiness with life and love

Peter Buknatski

Montpelier, Vt.

 

National Republican leaders: the real transparency failures

So here in Vermont, we’ve got Bruce Lisman nattering about “transparency” from his completely opaque duck-blind of a 501c4, and Vermonters for Health Care Freedom whining about how we won’t learn details of Governor Shumlin’s health care plan until after the November election. In the words of VHCF’s TV ad, “It’s not fair, and it’s not right.”

Okay, you want transparency and openness. You want to know the details of a politician’s major policy initiatives before you have to cast your vote. Fair enough. Let’s look at two top national Republicans: their “budget guru” and their likely Presidential nominee.

Paul Ryan:

Appearing on two Sunday talk shows, the GOP’s top budget guru Rep. Paul Ryan promised to close enough loopholes to pay for the large tax cuts in his budget blueprint unveiled last week – but he repeatedly refused to specify any.

And Mitt Romney:

Mitt Romney has made big promises to reform Washington, but his proposals have mostly lacked specifics. In a recently published interview with the conservative Weekly Standard, Romney explained why his promises to cut federal spending by slashing government programs and even whole agencies lack detail: it’s too politically risky.

…Romney’s hesitance to get specific isn’t uncharacteristic. The former Massachusetts governor has a tax plan that, in his own words, “can’t be scored” because it lacks the details that would allow the plan to be critically evaluated.

…On the foreign policy front, Romney has criticized President Obama’s Afghanistan strategy but said he won’t put forward a plan until he hears from generals on the ground.

Wow, talk about your complete lack of transparency! I’m sure Bruce Lisman, Jeff Wennberg, Darcie Johnston, and any other Vermont conservative who’s complained about the lack of detail in Governor Shumlin’s plan will stick to their principles, and refuse to support irresponsible politicians like Paul Ryan and Mitt Romney.

At least I hope so. Otherwise, they’re all big fat steaming piles of hypocrisy.  

People who live in opaque houses shouldn’t throw calls for transparency

Bruce Lisman, retired Wall Street baron and Grand Poobah of the shadowy Campaign for Vermont, is at it again, calling for greater transparency in state government in an opinion piece posted Saturday March 25 on Vermont Digger.

We aggressively promote transparency because without it, we are left with uninformed arguments and angry partisanship and a government lacking accountability to you – its citizens.

I agree with you, sir. The Center for Public Integrity recently gave Vermont a grade of D+ in accountability and transparency. That’s not good enough. Without transparency we are, indeed, left with uninformed arguments.

But you, Mr. Lisman, calling for greater transparency. That’s rich. And not “rich” in the “made a pile on Wall Street” sense, but in the “”funny, sad and ironic all at once” sense.  

You call for transparency from the cozy confines of a completely opaque organization. You’ve voluntarily disclosed that you are CFV’s sole funder, but you refuse to say how much money you’ve given or how much CFV has spent. As you did in a March 14 interview with VPR’s Jane Lindholm.

I can’t reveal here. But we have some filing obligations which we’ll have to meet. …We have reporting deadlines and you’ll see it just like everyone else.

Yes, you have filing obligations and you promise to meet them. Because you “have to.” Let me remind you of your filing obligations.

As a 501c4 group, CFV is required to file an annual report of financial activities — on May 15 of next year!

Your group is obviously engaged in some of this year’s biggest issues. Do you really think we should wait until seven months after the election to learn anything about CFV’s finances?

Is that your idea of transparency?

You’ve said that you are simply abiding by the rules. And that’s true. But you chose to organize CFV as a 501c4 — a type of organization notorious for its lack of transparency. You could have chosen to organize as a more transparent, open type of group, but you did not. You chose to hide behind the rules you now claim to be obeying.

In your VPR interview, you pointed with pride to your voluntary disclosure that you are CFV’s only donor.

I think we’ve been more transparent than we needed to be, or had to be. Pretty good step, I’d say.

Well, I wouldn’t. I’d call it transparency tokenism: a small, essentially meaningless gesture. And you’re promising not to tell us anything more until May 15, 2013. Gee, thanks.

And now let’s talk about the “transparency” of CFV’s strategy.  You tout “nonpartisan and informed debate” that produces “middle-of-the-road, common sense public policy.”

But why, if that’s really true, do all your arguments and positions seem to be essentially Republican? And why is all your criticism aimed at the Democrats? Sure, you couch it in terms of “politicians in Montpelier”* but we all know who you’re talking about.

*You’re apparently trying to turn “Montpelier” into a curse word along the lines of “San Francisco” or “Massachusetts,” and for that, I, a resident of Montpelier, offer you my heartfelt gratitude. You Wall Street one-percenter, you.

You rail about Governor Shumlin’s health care reform plan, Democratic plans to increase our use of renewable energy, the Governor’s desire to close Vermont Yankee, and the rising cost of education. I haven’t heard one peep about a single bad idea from a Republican — nor have I heard anything about Jim Douglas’ responsibility for the perceived shortfalls of state government. If there are problems with state government, perhaps Eight-Year Jim had more to do with it than One-Year Shumlin.

Your platform — under the bashful monicker “The Lisman Perspective” — is full of conservative dog-whistles that make it very clear where you and CFV are coming from. And CFV’s top brass includes a whole lot of prominent Republican politicos and donors, along with a few token “moderates.”

So you’re keeping CFV’s finances secret, and you’re pursuing a deliberately misleading course of action. Is this your idea of transparency?

These failures in transparency and accountability must be addressed. Vermonters can’t hold their government accountable without it.

Again, I agree with you. But I’d turn that statement right back at you: Your failures in transparency and accountability must be addressed. Vermonters can’t hold you and CFV accountable without it.  

People who live in opaque houses shouldn’t throw calls for transparency

Bruce Lisman, retired Wall Street baron and Grand Poobah of the shadowy Campaign for Vermont, is at it again, calling for greater transparency in state government in an opinion piece posted Sunday March 25 on Vermont Digger.

We aggressively promote transparency because without it, we are left with uninformed arguments and angry partisanship and a government lacking accountability to you – its citizens.

I agree with you, sir. The Center for Public Integrity recently gave Vermont a grade of D+ in accountability and transparency. That’s not good enough. Without transparency we are, indeed, left with uninformed arguments.

But you, Mr. Lisman, calling for greater transparency. That’s rich. And not “rich” in the “made a pile on Wall Street” sense, but in the “”funny, sad and ironic” sense.  

You call for transparency from the cozy confines of a completely opaque organization. You’ve voluntarily disclosed that you are CFV’s sole funder, but you refuse to say how much money you’ve given or how much CFV has spent. As you did in a March 14 interview with VPR’s Jane Lindholm.

I can’t reveal here. But we have some filing obligations which we’ll have to meet. …We have reporting deadlines and you’ll see it just like everyone else.

Yes, you have filing obligations and you promise to meet them. Because you “have to.” Let me remind you of your filing obligations.

As a 501c4 group, CFV is required to file an annual report of financial activities — on May 15 of next year!

Your group is obviously engaged in some of this year’s biggest issues. Do you really think we should wait until seven months after the election to learn anything about CFV’s finances?

Is that your idea of transparency?

You’ve said that you are simply abiding by the rules. And that’s true. But you chose to organize CFV as a 501c4 — a type of organization notorious for its lack of transparency. You could have chosen to organize as a more transparent, open type of group, but you did not. You chose to hide behind the rules you now claim to be obeying.

In your VPR interview, you pointed with pride to your voluntary disclosure that you are CFV’s only donor.

I think we’ve been more transparent than we needed to be, or had to be. Pretty good step, I’d say.

Well, I wouldn’t. I’d call it transparency tokenism: a small, essentially meaningless gesture. And you’re promising not to tell us anything more until May 15, 2013. Gee, thanks.

And now let’s talk about the “transparency” of CFV’s strategy.  You tout “nonpartisan and informed debate” that produces “middle-of-the-road, common sense public policy.”

But why, if that’s really true, do all your arguments and positions seem to be essentially Republican? And why is all your criticism aimed at the Democrats? Sure, you couch it in terms of “politicians in Montpelier”* but we all know who you’re talking about.

*You’re apparently trying to turn “Montpelier” into a curse word along the lines of “San Francisco” or “Massachusetts,” and for that, I, a resident of Montpelier, offer you my heartfelt gratitude. You Wall Street one-percenter, you.

You rail about Governor Shumlin’s health care reform plan, Democratic plans to increase our use of renewable energy, the Governor’s desire to close Vermont Yankee, and the rising cost of education. I haven’t heard one peep about a single bad idea from a Republican — nor have I heard anything about Jim Douglas’ responsibility for the perceived shortfalls of state government. If there are problems with state government, perhaps Eight-Year Jim had more to do with it than One-Year Shumlin.

Your platform — under the bashful monicker “The Lisman Perspective” — is full of conservative dog-whistles that make it very clear where you and CFV are coming from. And CFV’s top brass includes a whole lot of prominent Republican politicos and donors, along with a few token “moderates.”

So you’re keeping CFV’s finances secret, and you’re pursuing a deliberately misleading course of action. Is this your idea of transparency?

These failures in transparency and accountability must be addressed. Vermonters can’t hold their government accountable without it.

Again, I agree with you. But I’d turn that statement right back at you: Your failures in transparency and accountability must be addressed. Vermonters can’t hold you and CFV accountable without it.  

Study shows: Higher state taxes on rich won’t drive them out. Someone please tell Mr. Shumlin…

( – promoted by jvwalt)

So, research now backs up what we all kinda knew was true anyway: increasing taxes on the rich isn’t going to send them packing. On the contrary, they are more likely to suck it up and appreciate the added value of public services.

Not holding my breath, but perhaps Mr. Shumlin will now stop his obsequious behavior and start coming up with some more realistic long term financial scenarios where any necessary tax increases are imposed on those who can, in fact, afford them?

Don’t worry, Peter, those sacred cow millionaire friends of yours will still be your friends (and will still be around for dinner on Friday) — and perhaps, just perhaps, you’re more likely to have a viable state with fewer desperate low income earners when the elections come around…

No illumination: the sorry state of Vermont’s campaign disclosure system

This is part two of a two-part series on money in Vermont politics. Part one focused on independent advocacy groups; find it here.

There’a plenty of outrage in these parts over the Citizens United ruling and the ensuing flood tide of money in politics. The ruling was certainly a disaster, but it imposes no limits on one significant means of reform: greater transparency in the process. And on that particular score, Vermont’s laws are terrible. They are holdovers from a simpler time, and nothing much is being done to update them.

The problems include: infrequent campaign reporting deadlines, an archaic system of gathering campaign reports, a failure to require useful information about political donors, and virtually nonexistent rules for local campaigns.

There are bills in the Legislature to address some of these issues, but it looks like nothing will happen in this session. Given the fact that the Democrats have held complete sway in state government for over a year, this is surprising. And, in my opinion, disgraceful. If Democrats won’t lead the way on improving campaign laws, do you think Republicans will do any better?

After the jump: four easy steps to greater transparency, and inertia in the Legislature.

1. Campaign reporting deadlines.

We are currently in a one-year dead zone for campaign disclosure. In off-years like 2011, only one report is required — in mid-July. That’s fine; in Vermont, campaigns are basically dormant in off-years.

But the next report isn’t due until mid-July of the following year. (After that, campaigns must file monthly reports through December.) This is a relic of a time when campaigning really and truly didn’t start until the Legislature adjourned.

That remains the polite fiction of Vermont politics today; nobody in state government likes to announce a candidacy until after adjournment, because it might “politicize” their work in the Legislature.

In the words of Ralph Kramden, “Hardy har har.”

As if it isn’t crystal clear when someone is running. The rumors fly. Non-denials are coyly issued. The frequency of press releases and news conferences goes up, as does the advocacy of hot-button causes and the criticism of the other party.

“I believe that we should have monthly reports in election years,” says Wally Roberts of Common Cause Vermont. I agree. We should be able to find out, well before July, who’s raising how much money and from whom.

2. An archaic process for filing campaign reports.

This was one of the issues responsible for Vermont’s dismal D+ grade in the Center for Public Integrity’s recent report on transparency in state governments. “The way the state stores records now,” says Roberts, “candidates submit hard copies of disclosure reports. They’re scanned into .pdf’s and posted online, but they’re not searchable.”

Which makes it difficult to track major donors. If all records were posted digitally, it would be simple to find all sorts of useful information. Imagine being able to list all an individual’s donations (pick a name out of thin air, “Bruce Lisman”) in one simple online search. It’d also be easier for the campaigns if they could file electronically, instead of having to produce and submit paper copies.

Common Cause Vermont recently established its own searchable database of all campaign donations in the 2010 season. CCVT took the step for two reasons: to make the information available, and to show how easily it could be done.

So why hasn’t Vermont done it? “Lethargy,” says Roberts. And, a bit more charitably, he adds: “It would require some money. Estimates for [a system of] electronic campaign finance reports on the Web are anywhere from $250,000 to a million dollars or more.”

Times are tough and budgets are tight. But that strikes me as a small investment in making our political process more open and accessible.

3. A lack of pertinent information

I’ll turn this one over to Jon Margolis of Vermont Digger:

Worse perhaps, Vermont’s campaign finance laws require disclosure of the names and addresses of contributors, but not their employers or professions. An investigator wanting to know how much workers at the XYZ Corporation gave to Candidate A would have to have the company’s employee roster in hand to check against the campaign filings.

I think that’d be nice to know.

4. Minimal reporting requirements for local candidates.

Local candidates are not required to file campaign finance reports until ten days before the election. Then they file a final report ten days after the election. That’s it.

Now, if you’re running for select board ion a shoestring, that might be so bad. But when you have a Burlington Mayoral race with a price tag in the neighborhood of $200,000, it’s ridiculous.

“At the time of the Burlington Democratic Caucus, there was no reporting requirement,” says State Rep. Jason Lorber, one of the Dem candidates for Mayor. “I voluntarily reported my information. Because of that, Miro [Weinberger] also reported his. Even after the nomination, there was no requirement until ten days before the election. Till that time, the voters were in a ‘black hole of information.'”

Lorber proposed legislation that would standardize reporting requirements for local and state candidates who raise more than a minimum amount of money. “Maybe $500, maybe more,” he says. “Maybe $2,000. If you’re running for school board or mayor and raising significant amounts of money, I think the public should have access to the information.”

5. Where things stand.

There were two bills in the Vermont House that addressed aspects of campaign law. One would establish an electronic database for campaign spending reports; the other would establish uniform reporting requirements for state and local candidates who spend more than a certain amount of money.

The bills were referred to a House committee, which awaited action in a Senate committee on similar legislation. Well, crossover week has come and gone — the traditional cutoff point for advancing legislation out of committee — and nothing more has been heard. It seems likely that campaign disclosure legislation is a dead issue for the 2012 Legislature.

One Statehouse observer told me that there are major disagreements within party caucuses and across party lines on how best to reform the laws*, and no real push from the public. That’s a recipe for stasis.

*Peter Galbraith, for example, supports a ban on corporate contributions, but wants no limits on individual donations. In 2010, he spent far more on his campaign than any other State Senate candidate. He raised $58,000, almost all of it from his own pocket; no one else raised or spent more than $40,000.

Which is a shame. It looks like we will go through an entire biennium of Democratic control with no action on campaign disclosure laws. The outrage over Citizens United may make people feel better, and it was certainly heartening to see the one-sided results of Town Meeting resolutions on the issue. But that’s a long, drawn-out, slow battle with an (at best) uncertain outcome.

Meanwhile, right here in Vermont, there are simple, basic steps that would make the system much more transparent. And nothing is being done.  

Why did Rapid Visa USA and Jay Peak Part Ways?

So what did happen between Jay Peak and Rapid Visa USA? The show pony for Vermont’s Federal EB-5 investment funded expansion has hit a bit of controversy or “flappette” as one local report called it. Some principal players are unavailable to the media, and the story coverage in state has mostly consisted of assurances from Jay Peak’s owner and a State of Vermont Commerce Agency official. However, what is known is that EB-5 broker Douglas Hulme of Rapid Visa USA terminated his longtime lucrative business relationship with Bill Stenger and Jay Peak, writing that he  “no longer has confidence in the accuracy of representations made by Jay Peak.”

Rapid Visa USA had a long association with Jay Peak and had successfully brokered $200 million in investment from 400 green-card-seeking investors for the ski-becoming-destination resort.

  Assuming that figure [$200 million] to be correct, the fees paid to agents and attorneys involved with the sale of these securities offerings (the subscription fee used to be $65,000 but is now $50,000) would be well over $20 million.

The sudden departure of a business associate set off speculation in the EB-5 world about Jay Peak’s financial wellbeing.

Several other EB-5 financed projects are underway in Vermont, including a bio-tech business in the Northeast Kingdom.

Eyes wide shut?

It remains just a “flappette” locally. The EB-5 program (explained below in detail) in Vermont is a big deal, and to date it has worked well for Jay Peak. But in other areas nationally it has been criticized for spawning cynical practices that are stretching the rules and violating the spirit of the law.

Here are some numbers from the online blog EB5Info.com that examined the arrangement that existed between Jay Peak and Rapid Visa USA and brought in the funds. These amounts have been questioned but it gives an idea of the scope of a partnership that likely wouldn’t have been severed lightly or on a snarky personal whim.

  …a compensation arrangement that was very profitable for Hulme’s firm, Rapid USA Visas, earning well over $25,000 per investor once the I-526 had been approved. Rapid USA Visas and Jay Peak had an additional clause in the subscription agreement that provided both parties with compensation of $10,000 even if the investor did not pursue the investment after the 30-day review period ended, making Jay Peak one of the few EB-5 regional centers that charged (and still charges) a document fee.

 

The media – unable to talk to Rapid Visa’s Hulme or the online EB-5Info’ s analyst Michael Gibson – have relied on reassuring remarks from Jay Peak owner Bill Stenger and James Candido, the Commerce Agency’s Economic Development Specialist who found “no issues” regarding Jay Peak. Candido and the State of Vermont have an active role promoting  EB-5 and, like Stenger himself, are hardly neutral observers. Before this unpleasantness began Vermont’s Candido made an interesting point in a January interview with EB-5 expert Norman Oder when he spoke of the state’s responsibilities to investors:

“everything points to them getting their investment back” but stressed “that’s not under the jurisdiction of the government.” Because Jay Peak did not start getting investors until 2008-09, none have seen their investment periods reach maturity, so they haven’t had a chance to get their money back, Candido said. The investment is a private transaction, he said, “unless a company we see is blatantly or intentionally trying to deceive investors.”

An observer might wonder if at a minimum a “flappette” might be elevated to the level of “flap” or higher when more information becomes available. Until then the State and Jay Peak will no doubt refer often to their  “great track record”- however something caused longtime business associate and stakeholder Rapid Visa USA to bolt Jay Peak and that might tarnish the track record.

About the program: The EB-5 program allows immigrants wishing to obtain US citizenship to invest in approved private businesses ventures. A $500,000 investment in a US business that indirectly creates 10 full-time (often low wage) jobs for American workers will yield citizenship for the wealthy immigrant and family. The program has aspects of both immigration and investment so the U.S. Citizenship and Immigration Services (USCIS) and the Securities and Exchange Commission (SEC) handle oversight nationally.

Unfollow the money: the growing clout of 501 groups in Vermont politics

Vermont’s unofficial campaign season won’t begin for several more weeks. But a shadow campaign has been in full swing for months, contested by deep-pocketed groups that disclose little or nothing about themselves. Oh, they don’t call it campaigning; they call it “issue advocacy.” But they are clearly trying to influence public debate on some of the biggest issues facing Vermont.

The groups are:

— Bruce Lisman’s Campaign for Vermont (CFV), which promotes a variety of conservative issues.

— Vermonters for Health Care Freedom (VHCF), which opposes Governor Shumlin’s health care reform plan.

— Wake Up Opt Out (WU), which opposes the use of “smart meters” for residential utility customers.

— Energize Vermont (EV), which opposes large-scale wind power.

These groups can operate with little or no public disclosure. We don’t know where they get their money*, how much they’ve got, or how much they’re spending. They are regulated under IRS rules, not campaign finance law; their only reporting requirements are to the IRS, and that’s based on the tax year, not the campaign season. Which means that they won’t have to report anything about 2012 until April 2013, long after this year’s elections.

*With the exception of CFV; Lisman has volunteered that so far, he’s the sole source of its money. He won’t say how much he’s given or how it’s been spent. Ironic, for a guy who trumpets transparency as one of his core issues.

The four groups can be considered as two like-minded pairs.  

1. Campaign for Vermont and Vermonters for Health Care Freedom.

Both are 501c4’s, “social welfare organizations” under IRS rules. Contributions are not tax-deductible*. They are allowed to engage in some political activities, but that is not meant to be their primary focus.

*Due to my own misreading of IRS regs, I previously wrote that Lisman was getting a tax deduction on donations to his own group. He is not. I apologize for the error.

These groups are spending heavily, promoting key Republican issues well in advance of of campaign season. According to Andy Bromage in Seven Days, Lisman’s CFV has been running 10-12 commercials per day for three months on Vermont’s two biggest news/talk stations — WVMT-AM in Colchester and WDEV-FM/AM in Waterbury. WDEV’s Eric Michaels told Bromage the ad buys are very unusual.

It’s not uncommon for advocacy groups to buy up huge blocks of airtime in the days or weeks ahead of a controversial vote, such as same-sex marriage or Vermont Yankee, Michaels says. What’s different about Campaign for Vermont, he says, is how sustained it is, stretching uninterrupted over a period of months.

VHCF is making its own extensive buys on radio and television; this alleged “social welfare organization” acting as a stalking horse for Randy Brock’s gubernatorial campaign, which is certain to make health care reform its primary issue. It’s purely coincidence, we’re sure, that VHCF founder Darcie Johnston is a longtime Brock adviser and recently left VHCF to take a role in Brock’s campaign.

Political analyst (and Vermont Pundit Laureate) Eric Davis, speaking recently on WDEV’s Mark Johnson Show, said he expects CFV and VHCF to “come as close to the line as they possibly can, and a lot of Randy Brock’s message will come from those groups.” And, “as long as they don’t actually say the words ‘Vote for Randy Brock,’ it’s legal.”

It’s also legal for them to fundraise in secret, a fact touted by Jeff Wennberg, the new head of VHCF, according to the Vermont Press Bureau:  

Would-be donors worried about being outed as single-payer opponents need not worry.   Since VHCF is a 501(c)(4) nonprofit, Wennberg says, “there is no limit on the amount an individual or corporation can contribute and all donations are kept confidential by law.”

Some have called for disclosure requirements on 501c4s. This would certainly be one way to shine some light on this very dark, and growing, area of political activity. But some argue against such requirements. Why? Try this example.  Let’s say you’re an employee at Vermont Yankee who supports the Sierra Club, a 501c4. You might highly value the ability to conceal your support from your employer.

Opponents of disclosure say there’s a simpler way: enforce current IRS regulations. In recent years, some 501c4s have gone very overtly into politics, in ways that should imperil their status. They may be about to experience some pushback.

…the IRS has sent detailed questionnaires to several Tea Party organizations — and possibly other political groups — to determine if they truly qualify for the 501c4 designation intended for groups whose exclusive purpose is to promote social welfare.

…The tax code requires 501c4 groups to be operated “exclusive” for social welfare purposes – -which does not include intervention in political campaigns. The IRS has allowed the groups to engage in political activity as long as it was not therir primary purpose. But for many of these groups, it’s hard to see what other purpose they could possibly have.

If the IRS enforced the rules, the political 501c4s would have to change direction or convert to 527 status, which allows political activity but does require disclosure.

In the meantime, though, we have two 501c4’s engaging in extensive political activity.  While we await possible IRS action — and it’s already getting a lot of partisan blowback for “harassing” conservative groups, which is likely to discourage any real crackdown — CFV and VHCF are playing significant roles in bolstering the Vermont Republican Party.  

One more thing. Plans are afoot for another Vermont-based 501c4, this one promoting a left/progressive agenda — a liberal alternative to CFV, you might say. As a c4, it would be operate without disclosure of funding or expenditures, except under IRS rules. That’s about all we can tell you right now, except to note that certain domain names have already been registered and a rudimentary website established. Expect more details in the near future.

2. Energize Vermont and Wake Up Opt Out.

EV is a 501c3, a charitable organization. Donations are tax-deductible. 501c3s are allowed to do a limited amount of lobbying and issue advocacy, but their primary efforts should be charitable. 501c3s, like c4s, are subject to IRS reporting requirements, not campaign rules and laws.

WU is neither, according to its campaign manager Jesse Mayhew. He describes it as a “nascent organization” that doesn’t yet have a structure. But in spite of its “nascent” status, it has mounted an extensive advertising and advocacy campaign against smart meters. Mayhew says that 100% of its funding comes from within Vermont, but will say no more. And Mayhew’s is the only name publicly associated with the group; he’s unwilling to provide other names or even a membership count. (EV does list eight Vermonters on its governing board; all are from the Rutland area near the site of the proposed Ira wind farm, which was tabled in 2010.)

These groups have many things in common.

1. They both oppose “green” energy projects: large-scale wind power and smart meters.

2. Both have made significant strides in advancing their viewpoints. On Town Meeting Day, several communities approved resolutions opposed to smart meters. EV has been a significant player in developing opposition to large-scale wind projects.

3. Both have managed to create significant splits in the left/enviro community. Which is an accomplishment that any pro-industry group would envy.

4. Both claim to be grassroots Vermont organizations, but both are headed by Massachusetts PR consultants who are partners in the same communications firm: Mayhew of WU and Lukas Snelling of EV. Their firm specializes in “green” image-building for corporations.

5.  Neither discloses any information about funding or expenditures.

6. Because of this lack of disclosure, it’s difficult to evaluate their arguments. Some of their reasoning strikes me as plausible; some, frankly, does not. (One example: WU’s contention that smart meters are vulnerable to “data hacking.” Smart meters produce a single data point: how much electricity is being used at a given moment. It’s hard to see how that would be worth a hacker’s time.)

Both groups have their experts and scientific studies; but these days, everybody does. Even creationists and global-warming deniers. I can’t prove that these groups are using bad science, but when they don’t disclose anything about their funding, I have trouble taking their assertions at face value — especially when some arguments seem dubious at best.

A final note.

I’m not trying to depict all four of these groups as entirely — or equally — malevolent. But they all share a common modus operandi: assuming sizable roles in political discourse while operating with an almost complete lack of transparency. This strikes me as fundamentally bad for democracy.

Coming soon to this space… another look at money in our politics: Vermont’s outdated, inadequate campaign disclosure laws.

UPDATED David vs. Goliath: Rematch in the Maple City

This story just keeps heating up again.  In  tonight’s Messenger (3/28) Michelle Monroe reveals that the court order drafted by Mr. Luneau’s attorney, Paul Gillies, at Judge Linda Leavitt’s instructions differs markedly from factual representations made in court.  The order is supposed to represent the judge’s factual basis for ordering a new election.  Because the judge has now signed Mr. Gillies erroneous Order, it has to be asked whether the judge read the Order before signing it; or did she have a fundamental misunderstanding of the facts?

_____________________________________________________________

Vermont is as much a tapestry of small town democracies as it is a cohesive whole.  From time to time something plays out on the smaller scale that speaks volumes about the greater process.  

In that light, the disputed Ward 5 aldermanic race in St. Albans represents a teachable moment.  

The long and the short of it is that Joe Luneau, who came up the loser in every one of a series of close recounts against winner Ryan Doyle, challenged the outcome in a court of law and has been rewarded with a do-over.  

Not interested in embroiling the City in further expense and distraction for the sake of a single ward seat; and, in any case, unable to afford legal representation; Doyle will not be challenging the court decision. Nevertheless, many here in the City (perhaps the majority?) feel it represents both a glaring miscarriage of justice and a distortion of local democracy.

The match-up between blue collar wage-earner Ryan Doyle and businessman/incumbent Joe Luneau was, from the start, a David vs. Goliath situation.  

Luneau, the son of a powerful local family headed by Karen Luneau, seemed a sure-thing to win a second term on the City Council and further advance his hereditary claim to the throne.  He had already begun to cement a bloc of allies on the Council and seemed likely to lead them, in a new term, as an unstoppable coalition.

There had been speculation that Luneau would skip the second term entirely and run immediately for mayor, but an early announcement by Democrat Liz Gamache, an extremely popular ex interim City Manager made it extremely unlikely that he would be able to win the seat before Liz had at least one term under her belt on which to be criticized.

Doyle is a bright young independent who has never had anything handed to him on a silver spoon.  He has been volunteering in the community for planning and downtown improvement initiatives since he was in high shool.  After completing a degree in civil engineering, Doyle was finding it impossible to find dependable work in his trade, so he took shift work at a factory while satisfying his passion for civic engagement by volunteering to serve on the planning commission.

He is bright and eager and humble and above all else, one of the most idealistically ethical young men you could ever wish to meet.  We didn’t give him the chance of a snowball in hell against the Karen Luneau machine.

Luneau’s signs soon bristled all over the City, not just in Ward 5 where his family’s Toyota dealership is currently located.  He paired his campaign with that of the scion of another powerful St. Albans Family, Will Howrigan who was challenging Chad Spooner of Ward 6, to join the Luneau voting bloc on the council.  

Both Spooner and Doyle agreed that accepting donations for the race would be against their ethical principles so they, too, pooled what little resources they had, depending mostly on shoe-leather and word-of-mouth to win the support of their constituents.  

According to records, the team of Luneau and Howrigan spent roughly $2,000.  which included hosting a pancake breakfast. Doyle and Spooner, together, spent under $500.

“I have student debt and I have a blue collar job,” said Doyle.

Despite conventional wisdom that, against Luneau’s money and influence, he hadn’t a chance; when the ballots were in, Doyle had defeated Luneau by just a couple of votes.

Following the first tally, a couple more ballots  turned-up among the BFA (school) ballots, having been mistakenly deposited in the wrong box.  They only served to widen Doyle’s margin of victory.  

Over the weekend, the ballots were recounted and several innocent mishaps involving City Clerk Sue Krupp occurred; but the tallies all came down on Doyle’s side.  Nevertheless, Luneau refused to accept defeat and announced he would be challenging the election, due to the  “mishandling of ballots.”

An amusing side-note is that one of the poll volunteers, whose job it was to guide voters as to which box (City or BFA) should receive which ballot, was Mr. Luneau’s own brother.

On Monday, March 12, Ryan Doyle was sworn-in and took his seat at the Council table.

Now it seems he will have to go through the whole campaign cycle again; this time unaccompanied by Spooner, who easily defeated Howrigan.

“Everyone is coming to me, angry basically, with what happened and wanting to volunteer,” said Doyle.”I will not be accepting any financial support…This is a small town election and not even a whole town election, just a small part of it.”

What does he think his prospects are in the upcoming re-vote?  

Doyle is concerned about turnout in a special election. Low turnout, in Doyle’s view, would benefit his opponent.  “There are people that they call. There are people that they give rides to,” said Doyle of his opponent’s campaign. When turnout is low that group becomes a higher percentage of voters.

Stay tuned.

Eat More Kale FTW

Montpelier’s own Bo Muller-Moore, creator of “Eat More Kale,” has two reasons to celebrate today.

First, the big one: His Kickstarter campaign has reached its goal, raising $75,000 to produce a documentary about his trademark fight with Chick-Fil-A. The corporate giant claims copyright for any usage of the phrase “Eat More” (or in their case, “Eat Mor”) and are trying to force Bo out of business.

Second, his cause has caught the attention of The Economist, which has done a pro-Bo, anti-CFA writeup. A couple of passages after the jump…  

Chick-Fil-A sells an average of nine sandwiches per second at its roughly 1,600 restaurants. Bo Muller-Moore paints T-shirts in the garage next to his house in Montpelier, Vermont. In 2011 Chick-fil-A’s sales were more than $4 billion; Mr Muller-Moore (pictured) estimates that his were $40,000.

Nonetheless, the slogan screened on his shirts-“Eat More Kale”, initially made in 2001 as a favour for a local farmer, whose kale crop had a bumper year-caught the humourless eyes of Chick-fil-A’s lawyers.

…Chick-fil-A insists it has to protect its trademark. But its idea of self-defence looks to others like bullying. The firm is protecting its trademark not from a crafty restaurateur hoping to piggyback on its fame, but from a kale farmer and a “Neolithic stencil-artist” in Vermont.

The article also references Rock Art Brewery’s tussle with the corporate maker of Monster energy drinks. Worth reading.

Anyway, congratulations to Bo Muller-Moore. We suggest the occasion be celebrated with a bottle of Rock Art Vermonster.