Category Archives: Government

Hogan’s Holiday Hoax

By Barry Rascovar

Dec. 19, 2016 – You’ve got to hand it to Gov. Larry Hogan, Jr. What a prankster he is!

He’s pulled off one of the great holiday hoaxes of recent times in Maryland.

He’s got everyone convinced he is willing to kill 66 major highway projects in Maryland in order to get the legislature to repeal a law requiring a transparent advisory evaluation and ranking of big road, bridge and transit proposals.

Hogan's Holiday Hoax

Maryland Gov. Larry Hogan, Jr.

He’s worked himself into a lather about what, for political purposes, he niftily calls “the road kill bill” saying it will “wreak havoc on our entire transportation system.”

Anyone who disagrees with Hogan’s the-world-is-ending interpretation “is ignorant of the facts.”

This repeal-law effort, he says with a straight face, is his No. 1 priority in the coming General Assembly session.

That’s pretty strong stuff.

It’s got to be a holiday hoax. After all, virtually nothing Hogan is saying is based on a truthful, fact-based assessment of the situation.

He’s made the whole thing up – hopefully to give us a good laugh this joyful season (ho, ho ho!).

Darth Vader in Annapolis

Under Hogan’s alternative-universe scenario, the law passed by Democrats in the legislature ties his hands and requires him to kill road projects in all but a handful of urban jurisdictions – even though that’s not even close to what the statute says.

The state’s highest-ranking legal officer, the attorney general, says Hogan’s “Rogue One” interpretation of the law is pure science fiction. But for some reason Hogan wants to play Darth Vader in this reality show.

If you read the law, HB 1013, you’ll conclude it’s pretty meek: A toothless attempt to force more transparency in the state’s transportation funding process.

The law has no enforcement provision.

There is no penalty if Hogan ignores the statute.

It merely calls for a quality analysis, and ranking, of proposed transportation projects. After that list is compiled, Hogan & Co. are free to disregard the results – without any negative consequences.

Free Rein for Hogan

To drive home the point that the new law gives Hogan carte blanche to do as he pleases, lawmakers added this concluding sentence: “[N]othing in this Act may be constructed to prohibit or prevent the funding of the capital transportation priorities in each jurisdiction.”

In other words, Hogan can fund whichever road, bridge and transit projects he wants regardless of the score it receives.

All he’s gotta do is give “a rational basis for the decision. . . in writing.”

Like, “it will make the road safer.” Or “it will reduce traffic congestion.” Or “it will help economic development.”

Sounds easy for Hogan to abide by this law while he continues to dole out transportation dollars any way he wants.

Not according to the governor and his transportation boss, Pete Rahn. Indeed, Rahn has put forth four pages of regulations that ensure a fiery head-on collision in which dozens of road projects will be denied state funds.

As one witness put it at a Nov. 18 hearing on Rahn’s convoluted regulations, Hogan & Co. “are determined to not make this work.”

Transportation Funding Shortfall

Why would they do that?

One reason could be Hogan doesn’t have the funds to pay for all the road projects he’s promised the counties, according to the Department of Legislative Services.

DLS calculates Hogan will have to cut $315 million next year from his previous transportation proposals (and $1.6 billion over six years) to stay within the department’s debt ratio.

It seems that the six-year forecast for gas-tax receipts is falling far short of Hogan’s estimates and that the governor is overspending on transportation operations.

Something’s got to give. So naturally the politician in Hogan wants to shift blame to those evil Democrats in the legislature.

Suddenly a law that is unenforceable and totally advisory gets transformed by Hogan into Maryland’s “Nightmare on Elm Street.”

Political Posture

Hogan is likely to continue beating this bogus “road kill” issue to death as the 2018 election approaches.

He won’t get much help, though, from Democrats in the legislature.

It was clear at the Nov. 18 hearing that lawmakers want to work out a compromise in which the law is tweaked in ways that make it even more explicit Hogan remains fully in charge of deciding which transportation projects get funded and which do not.

Democrats aren’t going to cave in to Hogan’s illogical repeal demand. That is rightly seen as a politically inspired subterfuge.

Indeed, Hogan’s holiday hoax could backfire.

If, as expected, lawmakers amend the law so most everyone – except the governor – is happy with the outcome, Hogan no longer will be able to blame Democrats for killing road projects.

The governor remains the only person who can put forth funds for state transportation projects.

If he fails to deliver on his earlier road-improvement promises, he’ll have to man up to the fact that it was his decision.

That’s not the posture he wants as his reelection campaign draws near, which seems to be the most likely explanation for the governor’s bizarre “road kill” holiday hoax.

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What Hogan, Pugh & Mikulski Have in Common

By Barry Rascovar

Dec. 12, 2016 – Reality is beginning to set in: The political world has been dramatically altered by Donald Trump’s surprise victory on Nov. 8.

Some politicians are adjusting while others are wailing like it’s the end of democracy, organizing pointless protests a full five weeks before Trump even takes office.

In Maryland both kinds of politicos – the realists and the hopeless idealists – have been on display recently.

What Hogan, Pugh & Mikulski Have in Common

Mayor Catherine Pugh and Gov. Larry Hogan, Jr. at her inauguration in Baltimore’s War Memorial .

Count Gov. Larry Hogan, Jr. and new Baltimore Mayor Catherine Pugh among the pragmatists. They want to deal with reality on the ground.

The governor continues to steer an independent course largely free of ideological rigidity and party obeisance. His words and actions in Baltimore over the past week indicate that Hogan now understands the importance of carving out alliances with like-minded pragmatists such as the new mayor.

His gracious words of support at Pugh’s inauguration were followed by a celebratory event in West Baltimore marking a big step forward in attacking the city’s vast vacant-housing problem. Republican Hogan knows he has a quiet supporter in Democrat Pugh and it will be up to him to show her he’s determined to do what he can to uplift Baltimore’s economic development.

Putting Results Ahead of Ideology

For her part, Pugh made it clear she’ll be a non-ideological mayor who is interested first and foremost in results. Going to war with the Republican governor isn’t on her agenda – a marked change from the last City Hall occupant. She’s a lifelong networker who now intends to ask for favors and assistance from those in her wide-ranging list of business, political and foundation contacts.

Rather than snub the president-elect at Saturday’s Army-Navy game in Baltimore, she warmly met him and handed Trump a letter detailing how the “make America great” president-in-waiting can jump-start the city’s lagging economy with some big-ticket infrastructure projects.

She also has expressed the hope that she and Hogan can team up to win over the next president for development programs in Baltimore that create jobs and reduce government dependence.

Pugh isn’t being helped, though, by other Baltimore officials. The new City Council, as its first act, voted unanimously to condemn Trump and his intemperate Tweets and verbal assaults.

That counter-productive move achieved nothing positive and created a hostile atmosphere for Trump two days before he visited Baltimore.

Council Incompetence

It was a sign that the new City Council will pander to liberal political emotions and do little to help Pugh bridge differences with Republicans soon to be running the country.

What the new Baltimore Council members need to keep in mind is that war whoops and fiery denunciations bring nothing in the way of results. The city’s legislature already has a well-earned reputation for incompetence and irrelevancy. Sadly, it may get worse.

When faced with a staggering crime and drug crisis, intensely imbedded poverty and lack of economic opportunity, what action does the Council take on Day One? It alienates the president-elect. Now that’s really going to help address the city’s most pressing needs.

The new members of the City Council should step back and reconsider such rash behavior. They should take a cue from outgoing U.S. Sen. Barbara Mikulski, who made a strong call for civility and understanding among politicians of differing stripes in her farewell speech on the floor of the Senate in Washington.

Sen. Barbara A. Mikulski

Retiring U.S. Sen. Barbara A. Mikulski

Mikulski was a down-the-line liberal Democrat yet she never stopped trying to find common ground with Republicans and conservatives. Getting things accomplished was paramount in her mind.

That’s the lesson the eight freshman Baltimore City Council members need to learn. They’re off to a terrible start – and that soon may be compounded by votes to approve a $15 an hour minimum wage that could prove so onerous businesses will quickly flee across the city-county line.

Politics, veteran practitioners tell us, is the art of the possible. Hogan, Mikulski and Pugh understand the truism of that expression. Getting bogged down in emotional ideology and name-calling is a sure sign of a weak political hand – and a formula for continuing failure to produce constructive results and progress.

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Barry Rascovar’s blog is www.politicalmaryland.com. He can be contacted at brascovar@hotmail.com

 

Trump & Hogan Agree: Corporate Welfare Works

By Barry Rascovar

Dec. 5, 2016 – Maryland Gov. Larry Hogan, Jr. may not have supported or voted for President-elect Donald Trump but they agree on one thing: Corporate welfare works.

Throwing money and tax breaks at Northrop Grumman, Marriott International and United Technologies did the trick this past week – along with a good deal of loud, Trumpian threats in the case of UT’s subsidiary, Carrier Corp., in Indiana.

Trump, Hogan Agree

President-elect Trump celebrating deal to keep Carrier manufacturing plant open in Indiana.

To prevent Carrier from moving 1,400 jobs to Mexico, Trump used heavy-handed insinuation of future punishment to deliver a largely symbolic message that he’ll stop at nothing to save American manufacturing jobs.

Hogan’s task was somewhat different and involved persuasion rather than threats – backed by wads of cash.

A $57.5 million five-year package of “loans” and tax credits eventually persuaded Northrop Grumman to keep its 10,280 employees in Maryland – including the 6,800 who work at the massive former Westinghouse electronics complex near BWI Airport in Linthicum.

Meanwhile, a state-county incentive package of some $60 million was needed to keep Marriott’s headquarters in Montgomery County instead of shifting to Northern Virginia.

The bonus here is that Marriott intends to erect a $600 million complex in downtown Bethesda for its 3,500 HQ employees. That number should expand due to Marriott’s recent $13 billion acquisition of Starwood International.

Democratic Roadblock

The two Maryland deals have been in limbo for months due to high-risk brinkmanship by legislative leaders. The idea was to squeeze money out of Republican Hogan for other purposes dear to the hearts of Democrats in exchange for approval of the Northrop Grumman package.Trump, Hogan Agree

That gambit, which was poorly conceived from the get-go, fell apart when the state’s tax collections underperformed, leaving a gaping hole in Hogan’s budget.

Hogan had always balked at legislators’ extortion effort to hold the Northrop Grumman package hostage until local school funds and other goodies were released.

Lawmakers didn’t seemed to care that reneging on the business deal would have sent a terrible message about Maryland’s business climate to corporations thinking about relocating operations.

But the weak revenue figures this fall put an end to this embarrassing folly. There was no money to make the lawmakers’ strong-arm deal work.

Miller-Hogan Find Middle Ground

Hogan, though, still needed to gain the support of legislative leaders not only on the Northrop Grumman economic-development package but also the Marriott headquarters proposal.Trump,Hogan Agree

He and Senate President Thomas V. Mike Miller finally came up with a workable compromise involving $20 million in school pension funds for localities in next year’s budget.

Now it is up to Miller and House Speaker Mike Busch to complete their end of the bargain by winning approval for the two business-assistance packages from a legislative panel they control.

There’s plenty of irony here.

Had a Democrat been in the governor’s office, there’s no question Busch and Miller would have rushed to support these economic-development packages, just as they did under former Gov. Martin O’Malley.

But with a Republican in the governor’s mansion, Busch and Miller suddenly found problems with these deals.

Demands to Stay In-State

Liberal Democrats, in particular, blanch at the thought of giving away millions in business-retention packages, labeling it “corporate welfare.”

It’s become customary for large companies to demand payments from local and state governments if those governments want to prevent these businesses from moving elsewhere. Democrats fear that more companies will use the same tactic to pry millions from the state, money Democrats want spent on social programs.

Rigidly ideological Republican conservatives also rail against giveaways to corporations, complaining about government interference with the free-market system. (Over the weekend, former Alaska Gov. Sarah Palin called the Carrier deal “crony capitalism.”)

The thinking goes that if Carrier wants to move its furnace plant to Mexico or to another state to cut costs, the company should have the freedom to do so. That’s how the free market works, fiscal conservatives say.

Yet Trump intervened to make political hay and win cheers from Carrier workers in Indiana.

At the same time, he did nothing to stop United Technologies from closing another Indiana plant, costing 700 workers their jobs.

Nor did he lift a finger to halt Rexnord from shuttering a factory just a mile away from the Carrier building. The job loss there is 300. Rexnord is moving its manufacturing business to Mexico.

A third company, CTS, is also shutting down an electronics manufacturing facility in Indiana, creating unemployment for 200 more workers.

On top of that Carrier is continuing with plans to downsize its Indiana plant, laying off 600 union workers at the furnace factory. Also, despite Trump’s plea Carrier is moving its fan coil-making business to Monterrey, Mexico.

So while Trump can crow about the one plant he pressured to remain open, saving by his count 1,000 U.S. jobs (the actual jobs preserved: 730), he hasn’t done a thing about the other 1,800 manufacturing jobs being lost in Indiana.

Choosing Winners

The downside of corporate bailouts (Carrier is getting $7 million in tax breaks from Indiana to remain there) is that these small triumphs fail to address the larger problem:  U.S. manufacturing plants increasingly find they are unable to compete against low-cost overseas competitions.

Here’s a hint why moving production abroad is happening: The average salary for a unionized Carrier plant worker in Indiana is $30.90 an hour.

Choosing winners and losers, as Trump did in Indiana, solves little and provides job solace for just a fraction of the manufacturing workforce at risk of losing their source of income. A more comprehensive approach is needed.

Since the beginning of 2015, 1,600 American companies have shifted production overseas. In November alone, the U.S. lost 10,000 manufacturing jobs.

Clearly, Trump has a gargantuan task ahead of him in which a partial victory at Carrier’s Indiana plant doesn’t put a dent in the problem.

At the same time, Hogan is having more success keeping large corporations content with their Maryland digs. All it takes is persistent negotiations, expressions of good will and a basketful of state and county tax breaks, job-training grants and forgivable loans.

It’s worked most of the time for both Democratic and Republican governors in Maryland.

Hogan’s job is far easier because he’s only competing against other U.S. states, not Third World, low-wage countries.

Trump has a much more difficult field to plough.

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Advice to Hogan: ‘Take a Deep Breath’

By Barry Rascovar

Nov. 28, 2016–Leave it to Gov. Larry Hogan, Jr. to make a positive, pro-active announcement and then gum up the works with snide, partisan remarks and a political snub that won’t be forgotten.

Here’s the good news: Hogan reversed course on what to do about the narrow, aging and dangerous Harry W. Nice Memorial Potomac River Bridge in Southern Maryland. He unveiled a $765 million plan to erect a new, wider and safer bridge nearby in just six years.

Advice to Hogan

Gov. Harry W. Nice Memorial Bridge in Charles County

Hip, hip, hooray!

Here’s the bad news: Republican Hogan refuses to work with Democrats on this important construction project. He froze out Sen. Thomas “Mac” Middleton of Charles County from the announcement ceremony in a political snub that could come back to haunt him.

He also continued to foolishly rant about a transportation planning law enacted by Democrats over Hogan’s veto that the governor inaccurately describes as potentially destructive to road and bridge projects.

To top it off, Hogan railed against a bill Middleton pushed through the General Assembly last session calling for the Maryland Transportation Authority to set aside $75 million a year over the next ten years to pay for the replacement bridge.

Pay-Go Proposal

Middleton’s pay-as-you-go approach met with fierce opposition from Hogan and his transportation minions. The bill, SB 907, passed anyway. Then Hogan vetoed the bill, though Middleton and his offended colleagues could override that veto a few months from now – unless Hogan comes to the bargaining table.

Clearly, Hogan doesn’t like to cooperate with those nasty Democrats. He certainly doesn’t like sharing credit at good-news announcements.

Is it any wonder Hogan has been unable to move his priority bills through the Democratic-dominated legislature?

He continues to float the bogus notion he is eager to compromise with Democrats. What he really wants is total agreement on his proposals. That’s Hogan’s version of compromise.

Middleton’s replacement-bridge bill was aimed at getting Hogan to negotiate with lawmakers over how to erect a safer Potomac River crossing in Southern Maryland. The highly-respected senator has been trying for 15 years to replace the 76-year-old, two-lane bridge.

Advice to Hogan

Sen. Mac Middleton of Charles County

Less-Costly Option

Hogan’s transportation team, though, opposed that plan and backed a less-costly, $150 million patch-up of the decking of the Nice Bridge – easily the state’s most terrifying water crossing. Middleton says the administration argued that not enough people use the Nice Bridge to justify the $1 billion price tag of a replacement structure.

Suddenly, though, Hogan has done a Trump-like flip-flop and essentially conceded that Middleton has been right all along: a new, safer crossing is needed.

Yet the administration continues to twist the truth.

The governor’s spokesperson made the ludicrous statement Middleton wasn’t invited to the announcement ceremony because he had nothing to do with making the project a reality.

What may have changed the governor’s mind was news that a slowly recovering economy has led to far more car and truck traffic on Maryland’s toll roads and bridges, resulting in a $62 million surplus over the past year. The surplus will be used to help pay for the replacement bridge.

If this trend persists the state could save a ton of money on the new bridge, reducing the size of bond offerings. That, in turn, would free up millions for other state transportation priorities.

Friend or Foe?

The situation might brighten even more if Hogan sat down with Middleton to find a middle ground on the two financing approaches. They are not that far apart.

For a governor who has seen his relationship with the legislature deteriorate, it might make sense.

Middleton, the longtime chairman of the Senate Finance Committee, is a powerful figure. He could be an important ally for the governor if Hogan wanted to build a partnership. Or he could be a thorn in the governor’s side. The choice is Hogan’s.

Last week’s bridge announcement won plaudits, as it should. A replacement is overdue. The governor found a way to slice 25 percent off earlier cost projections by relocating the planned structure 100 feet to the north over a deeper river channel.

Politically, Hogan’s new bridge plan will help him ramp up support in Southern Maryland as his reelection campaign ramps up late next year.

But the governor still needs to improve his batting average in the General Assembly before he goes before Maryland voters.

Perhaps he should take a cue from what he said following Donald Trump’s election on Nov. 8 when he advised Marylanders, “Everyone ought to take a deep breath” and give the new administration a chance.

Could this be the time for Hogan “to take a deep breath” and give bipartisanship a chance? It might lead to a compromise on paying for a new Potomac River crossing and open a channel for cooperation in the State House.

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Business Comes First, Education Second

By Barry Rascovar

Oct. 17, 2016 – He’s at it again! Gov. Larry Hogan, Jr. issued another executive order that makes it even clearer he intends to usurp the powers of the Maryland State Board of Education and every local school system in the state.

So far, no one is challenging Hogan’s decree setting the start of the school year statewide after Labor Day and the last school day no later than June 15.  Nor is any school system threatening to defy his order, which screams “overreach.”

There is no valid education reason for Hogan’s action.

Business Comes First, Education Second

Maryland Gov. Larry Hogan, Jr.

The two orders are designed to bring cheers from Ocean City businesses and parents happy to take their kids to the beach in late August instead of getting them ready for an early return to classes.

Yet even Hogan’s own appointees to the state board are complaining the governor wants to neuter the board and that his order is not grounded in any education rationale.

Larry Hogan is, indeed, the “Maryland is Open for Business” governor. Perhaps his next slogan will be: “In Maryland, Business Comes First, Education Second.”

Perplexed School Leaders

Local school boards are in a quandary. Following Hogan’s directive means a loss of control over the school year. It could be just the first step in more gubernatorial dictates on which holidays to honor, what to teach in classes and what to forbid in local schools.

For instance, Hogan has repeatedly lashed out at teacher unions and accused them of calling the shots on education policy. Will he use future executive orders to crack down on them and strip from the school calendar the “professional training days” now built into the school schedule as days off for kids?

Will he dictate what he will allow the supposedly independent state school board to do on its own and what he intends to unilaterally mandate from his second-floor state House office?

Hogan has never been regarded as an education expert. His pronouncements on the subject have been few and far beyond –usually encapsulated in a brief one- or two-sentence quip.

He hasn’t even claimed his school-year decree is designed to improve the learning environment. For him, the executive order is all about boosting summer business sales and winning popularity for extending the summer season. Those are his priorities.

Hogan’s Power

The problem for local school systems is that Hogan can be vindictive if challenged. He might withhold millions in school construction funds for petty reasons. After all, he’s already done it to Baltimore County and Baltimore City.

He could hold back other education dollars from systems that refuse to knuckle under and instead honor their commitment to crafting a school calendar that furthers students’ ability to learn.

There are other flaws in the decrees. What if there’s a harsh winter that forces many more lost school days than anticipated? Or other emergency closures? Even stripping spring break to the bone might not be enough to avoid post-June 15 schooling. What happens then?

Hogan hasn’t said and he’s taken the power away from the state school board.

If a school system ignores Hogan because it feels the executive orders are unlawful intrusions on local education autonomy, what happens?

Does Hogan direct more executive orders at the wayward school system? Does he call out the National Guard to enforce his orders? Does he pull a Trump-like tantrum and say to the local school board members he appoints, “You’re fired”?

Education Losses

Meanwhile, the governor’s school-calendar mandate will hurt students’ ability to prepare for standardized tests whose dates cannot be changed. Kids lose ground in their learning when the long summer break is extended. Poor kids lose out on decent meals they don’t get at home. Research has clearly established those facts. But Hogan doesn’t seem to care.

It is unfortunate Attorney General Brian Frosh took a dive when asked to examine the legality of Hogan’s attempt to extend his power. Frosh’s agency issued an opinion that failed to give clear guidance, even though it concluded:  “. . . it is likely that a reviewing court, if presented with the issue, would conclude” Hogan exceeded his authority.

What Hogan has done is unprecedented. It could set a dangerous precedent.

Even if the orders are not challenged in court, there’s a strong chance the General Assembly will pass legislation sharply restricting and defining the limits of the governor’s power to issue executive orders, especially on matters pertaining to education. Lawmakers also are likely to pass such a law early in next year’s session so they can override an almost certain Hogan veto before adjournment.

Hogan’s handlers relish the chance to blame Democratic legislators for denying families a longer August vacation with their kids.

But it won’t be lawmakers reestablishing a longer school year that starts prior to Labor Day. Instead, they will simply return decision-making power to local school boards and the state education board – where it belongs.

Hogan may be looking for a way to win political points in this ludicrous dispute, but in the end all he’s doing is hurting Maryland school children’s ability to learn.

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Maryland Budget Myths

By Barry Rascovar

Oct. 3, 2016 – Maryland is dealing with another revenue shortfall and a budget that must be trimmed to make the state’s books balance.

Yet to hear Gov. Larry Hogan, Jr. tell it there’s no revenue problem –only “a spending problem” caused by Democrats in the General Assembly.

Let’s get the facts straight on this one: If there’s a problem with spending the buck stops on Hogan’s gubernatorial desk.Maryland Budget Myths

He’s the one who puts together the state’s annual budget. He’s the only one who can increase spending.

The legislature, by law, cannot raise the governor’s budget request. All lawmakers in Annapolis can do is cut the budget.

Who’s Responsible?

Hogan, like Republican presidential nominee Donald Trump, wants to create his own version of the truth.

He refuses to admit he is responsible for submitting a budget earlier this year that is out of balance by some $783 million over a two-year cycle due to a faulty estimate of future revenues.

Democrats share partial responsibility for not cutting more deeply into Hogan’s budget last April. They, too, misjudged the state’s plodding economic rebound from the Great Recession.

It’s no surprise that liberal Democrats are reluctant to reduce spending on social programs.

The irony is that Maryland’s conservative Republican governor failed to clamp down harder on spending in the face of slow-growth revenue numbers.

Hogan’s attempt to turn around and blame Democratic lawmakers for his own budget mistakes doesn’t hold water. He draws up the state’s massive spending plan, not the legislature.

Myth No. 2

The other budget myth Hogan has been spreading is that he can solve the state’s financial woes if only Democratic legislators eliminate spending mandates that lock up over 70 percent of the state’s budget.

Were that to happen, Hogan would have unrestrained power to cut deeply into education and health care programs as well as environmental and social service programs.

It would mean a loss of historic checks and balances between the legislature and executive in favor of an all-powerful governor. No wonder Democratic lawmakers refuse to budge.

Yet Hogan persists in blaming the state’s budget shortfalls on the spending mandates. It’s as though the governor had nothing to do with submitting a budget that failed to exercise sufficient caution.

Plea for Caution

Maryland Comptroller Peter Franchot has repeatedly urged a conservative approach to budgeting in light of an exceptionally slow recovery. Maryland is gaining jobs but not high-paying jobs.

Hogan may proclaim “Maryland is open for business” but he seems not to have noticed a shift in the job market is occurring which requires a conservative governor to take a more cautious approach at budget time.

In putting together next year’s budget, the governor now must reduce earlier spending targets by about 2 percent due to the predicted revenue shortfall. That is eminently do-able.

Judicious reductions and reallocations of program funds could close much of the budget gap.

Hogan has on his staff one of the most creative budget minds in Annapolis – former state Sen. Bobby Neall – tasked to find thoughtful ways to reduce spending while improving efficiency. His suggestions will come in handy over the next three months.

Two Options

Yet deeper cuts will not come about if Hogan continues to blast the legislature for refusing to give him near-dictatorial powers over the state budget.

Fortunately, a middle road exists for the governor to work with lawmakers to make changes in spending mandates that could eliminate Maryland’s long-term structural deficit.

But that calls for Hogan to work cooperatively with the legislative branch – a reversal of form. He knows that criticizing free-spending Democrats wins him votes, even if it makes it nearly impossible to gain General Assembly support for his programs.

Is he willing to alter his approach?

Good governance requires compromise and negotiation between a Republican governor and a Democratic legislature, especially on passage of the state budget. So far, Hogan has fallen short in that area.

He gets another crack at changing his tune early next year.

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Let Courts Decide Who Sets MD School Calendar

By Barry Rascovar

Sept. 26, 2016 – Does Gov. Larry Hogan, Jr. have the power to issue an executive order mandating when the school year begins and ends? It’s not the most pressing question facing Maryland – but the answer could have a dramatic impact on the state’s future governance.

Indeed, there’s an urgent need for someone on either side of this issue to take the matter to court. A constitutional question of enormous consequence is at stake.

Hogan’s claim to executive powers over local school systems appears shaky. They are not part of the executive branch.Similarly, the State Board of Education isn’t beholden to Hogan’s mandates. By law, the governor names board members but it then is up to this independent panel to pick a superintendent and enact statewide school policies without interference.

So how can Hogan claim authority to lay out parameters for the annual school calendar?

Setting a Precedent?

In a state where there’s a yawning gap between the Republican governor and Democratic legislature, Hogan’s action could set a dangerous precedent. In the future, Hogan might decide to rule by executive fiat rather than tangle with a legislature determined to block his moves.

Repeatedly, Hogan has expressed disdain for the legislature and frustration with lawmakers’ refusal to give him 100 percent of what he wants. He has mocked and derided Democratic legislators. In the dispute over when to begin the school year he accused Democrats of being in the pocket of the state teachers union.

In the past, lawmakers have defeated attempts to accommodate Ocean City businesses by commencing school after Labor Day. Opposition has come not just from the teachers union but from statewide groups representing local education boards, PTAs and local school superintendents.

Their argument is based on doing what is best from an education standpoint.

Hogan’s argument is based on doing what is in the best interests of Ocean City and Deep Creek Lake businesses that see a decline in revenue when families can’t extend their vacations through the Labor Day weekend because of early school openings.

Practical Considerations

Hogan is being a practical, tactical politician seeking to win cheers from parents and his political base. Returning Maryland to an earlier time when all school systems waited till after Labor Day to begin classes is in line with Republican ideology that insists we can, indeed, roll back the clock.

Educators want to be practical, too, but not in a political sense. If you want to keep the current time off for holidays, religious observances and professional training days, then the school year must start before Labor Day or extend nearly till July.

The other concern is that a later school-year start compresses the time students have to prepare for nationwide testing. Educators worry about lower test scores and harming students’ ability to qualify for gifted and talented courses or getting into colleges.

But there’s a much bigger issue at stake.

Can the governor promulgate additional executive orders telling local schools and the state education panel what to do or what they are forbidden from doing?

Can he, for example, prevent a local school system from closing for Muslim holidays? If local school boards truncate spring break to comply with his order, can Hogan then tell them not to eliminate Good Friday and Easter Monday as holidays?

Could he or a future conservative governor require the end to sex education in local schools? Could he overrule school board decisions on the treatment of transgender children?

Could he issue an executive order allowing students to attend local schools without having been vaccinated? Could he decree that the conservative constitutional doctrine of “original intent” be taught in all high school civics classes?

Dividing Line of Power

At the same time, Hogan might decide to issue an executive order requiring Baltimore City and Baltimore County to air-condition all of its schools immediately, regardless of the cost to local governments. He might also use executive orders to fire local superintendents or board members who don’t follow his commands.

What happens if a local school board defies Hogan this time and sets its 2017 calendar with a pre-Labor Day opening? How does Hogan make that board comply? Does he deny the jurisdiction state funds? Does he sue the board?

And where does Maryland’s law-making body come into play? Isn’t that the group given the constitutional power to enact statutes governing local education?

Where, precisely, is the dividing line between executive authority and legislative authority?

Definitive answers are sorely needed. Not off-the-cuff “I’m right” comments from the governor or “we feel strongly both ways” conclusions from the attorney general’s office. Only the Maryland Court of Appeals is in position to deliver a clarifying ruling.

It doesn’t help matters for the General Assembly to reverse Hogan’s school-schedule mandate in January and then pass a law setting out new ground rules for executive orders. This would only produce more bad blood and finger-pointing for political gain.

A court determination, on the other hand, would settle this dispute and resolve a murky area of constitutional law.

All it takes is someone to pursue legal action. So far, no one has had the courage to do so.

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Medical Marijuana Meets MD’s Spoils System

By Barry Rascovar

Sept. 19, 2016 – Maybe Donald Trump is right: The system is rigged. For proof, look at how interest groups are feverishly trying to “rig” Maryland’s choice of authorized medical marijuana growers and processors.

The Black Legislative Caucus wants to “rig” the selection procedure so that people of color get their share (and more) of the lucrative payoff from legalized pot-growing, despite their lack of high rankings in the objective selection process.The Spoils System Returns to Maryland

Others recently got the system “rigged” in a way that denies licenses to a few top-ranked growers who were chosen on merit. Instead, lesser-rated groups in politically sensitive geographic areas were awarded this rich financial prize.

Picking the best, most qualified growers gave way to political “rigging” of the system.

So much for the commission’s carefully planned “double-blind” selection procedure designed to remove political favoritism and eliminate any hint of subjective bias.

Guarding Against Tainted Results

This well-established, scientific method works beautifully in drug-testing and picking the most skilled musicians for the Baltimore Symphony. So why not use this proven way to guard against tainted results in the state’s effort to find the best and most capable cannabis growers and processors?

Silly idea. An honest evaluation of the applicants proved too much for state politicians and lobbyists. Their favored applicants failed to make the cut.

Suddenly, criticism rained down on the medical marijuana commission. The cry went out: Bring back Maryland’s spoils system.

“This is a good modern-day civil rights fight,” said Del. Cheryl Glenn, who chairs the Legislative Black Caucus.

Well. . . that’s a stretch.

It’s an effort to ensure that already financially well-off minorities get a slice of the action – regardless of their capabilities for handling the growing, processing and distribution of medical marijuana.

After all, this is expected to be a national multi-billion-dollar business.

To heck with selecting the most qualified cannabis growers. What Maryland needs is some good old favoritism!

Merit Selection Process

The commission tried its best to keep politics out of its decision-making. It came up with a way of choosing winning applicants that was devoid of political pressure and influence-peddling – a double-blind ranking system conducted by an outside group.

Applicants’ names, and their investors’ names, were removed from proposals so the rankings would be based entirely on merit.

It turned out, though, that none of the applications submitted by minority-controlled companies ranked high enough to gain a cultivation license. That’s when impartiality and merit-selection went out the window.

Attorney General Brian Frosh, in an incredibly two-faced action, contradicted his own assistant attorney general and other higher-ups in his agency, who had concluded the commission could not legally tilt the playing field.

Frosh rallied to the side of the Black Caucus. Gov. Larry Hogan expressed concern, too. Word came down from on high: Work something out.

Oh, well, so much for a color-blind government that allows only the best-qualified cannabis cultivators and processors to ply their trade in Maryland.

Gift-Wrapped Permits

The commission quickly buckled under the pressure.

In August, the panel stripped two winning companies of their licenses not because they had done something wrong but because one commissioner argued there wasn’t enough “geographic diversity” among authorized growers.

Lower-scoring applicants with more politically acceptable locations were gift-wrapped these valuable permits.

Not surprisingly, the disqualified applicants are threatening to sue. More litigation is inevitable.

If the Black Caucus succeeds in pulling the licenses of other applicants for the sake of diversity – or gets the entire process re-started – we’ll have enough legal action to set back the cause of medicinal marijuana for a long time.

Yet while minority groups fight for a bigger slice of the cannabis windfall, sick and terminally ill patients in excruciating pain are denied the relief cannabis might provide.

No one seems agitated about that. Mammon rules the day.

It’s a royal mess.

Politicians Get Involved

Years ago, attempts in Maryland to “rig” the system sent a vice president into shameful exile and a governor and several county executives to prison. The quest for money can be a corrupting influence.

So it is with legalizing medical marijuana – at least in Maryland.

Choosing the people who will grow marijuana plants and turn them into safe medicinal products is serious business. It seemed to make sense to pick them based purely on expertise and merit.

But not to the b’hoys in Annapolis.

So now politicians have their hands in the action. The result could be lengthy delays and a more expansive and pliable process that allows Maryland’s spoils system to work its magic.

Is an impartial, unbiased selection system about to be manipulated for the benefit of lesser-qualified applicants who have friends in high places?

You don’t need to be Donald Trump to answer that question.

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Barry Rascovar’s blog is www.politicalmaryland.com. He can be reached at

Popular Larry Hogan

By Barry Rascovar

Sept. 12, 2016 – As Gov. Larry Hogan, Jr., starts packing for the friendship/business-development trip to Israel that every Maryland chief executive takes, he can gloat about his crafty propaganda maneuvers that have him sky-high in popularity polls.

Expect more “good news” announcements. There always are when a governor’s entourage makes an economic prospecting tour. These visits don’t take place unless made-in-advance deals are set for unveiling during the VIP procession.

Popular Larry Hogan

Gov. Larry Hogan, Jr. and wife, Yumi, at 2014 inauguration

Hogan has become a master of positive image-making. He’s got a cheerful public persona, a hearty laugh and a back-slapping camaraderie.

He also recognizes Marylanders are fed up with politicians who flood the airwaves and newspapers with press releases and public utterances. Former Gov. Martin O’Malley’s declining popularity stemmed in part from the public’s fatigue with his constant campaigning and propagandizing.

These days, people want elected leaders to leave them alone. Staying out of the news is as much a reason for Hogan’s strong poll numbers as anything else.

Popular Side Issues

He’s latched onto tangential issues that sound good to people at first glance. He cut tolls – always a winner with voters – a bit. He lowered some government fees. He ordered schools not to start classes before Labor Day. He held back millions from Baltimore City and Baltimore County for failing to air-condition all school classrooms immediately.

Every one of those actions brought a resounding huzzah and another rise in Hogan’s numbers. At this stage, he looks like a shoo-in for re-election in 2018.

That’s the positive side of the equation.

But here’s the rub. He’s got an abysmal relationship with Democrats who run the General Assembly. Worse, he seems determined to keep it that way into his next term.

Despite phenomenal poll numbers, Hogan can point to few legacy achievements. That’s due largely to his stubborn refusal to seek compromise with opposition-party lawmakers.

Unfinished Business

Yes, he closed the Baltimore City Jail – but he has yet to demolish the eye-sore because he tried to use funds intended for Baltimore-area universities for the jail tear-down. Nor did he bother to consult with community or city leaders about his secretive decision.

Yes, he helped end the 2015 Baltimore civil unrest by sending in the National Guard and touring a few riot-torn streets. But since then he’s been an absentee leader rarely showing his face.

As for a rejuvenation package to aid the state’s most distressed jurisdiction, Hogan has turned a blind eye. Baltimore’s horrific poverty and crime problems remain the albatross around Maryland’s neck – and Hogan is taking the silent, “benign neglect” approach.

Yes, he signed a bill reforming the criminal justice system for low-risk offenders, but credit belongs to Chief Legislative Officer Christopher Shank for that effort at reaching across the aisle to find common ground with Democrats.

The governor talks about joining hands and singing from the same hymnal, but in truth he’s a hard-nosed, partisan Republican who seems to relish insulting Democrats.

Negotiating isn’t in his vocabulary unless it is 100 percent on his terms. His legislative agenda has been thin on substance and thick on unpassable conservative ideology.

Thin Agenda

No wonder Democrats in the legislature have buried much of his agenda. Last session, the governor even ordered his staff not to work with lawmakers behind the scenes to hammer out differences.

There’s been no education package from Hogan in two years, no environmental package, no health-care package, no natural resources package, no major economic-development package, no energy package, indeed no comprehensive proposal except the criminal justice bill.

He killed Baltimore’s mass-transit expansion but has yet to put in place his so-called replacement – a modestly revamped bus system.

Instead, Hogan has directed his energy toward minutia, like feuding with Baltimore County Executive Kevin Kamenetz over that county’s dwindling number of schools without air-conditioning.

He also humiliated and bad-mouthed the long-time and much-praised director of the state’s school construction program, prompting his resignation.

He has refused on occasion to let foes of his administration’s plans speak at Board of Public Works meetings. Clearly, he doesn’t like to hear criticism.

He issued his executive order mandating that local school systems begin fall classes after, not before, Labor Day without consulting affected educators who overwhelmingly opposed such a move. They say this imperils students’ ability to prepare for national placement tests and could mean an end to spring and winter school breaks.

Appeal to Voters

It’s been a curious year and three-quarters, indeed.

Hogan has picked his issues carefully, keeping in touch with his conservative base, appealing to voters’ base instincts on marginal matters and blaming Democrats for anything and everything that has gone off-track in Maryland.

So far it is a formula for short-term success. Hogan may become the first Republican to serve two gubernatorial terms in Maryland since Theodore Roosevelt McKeldin did it in the 1950s.

Popular Larry Hogan

Gov. Theodore R. McKeldin (1951-1959)

But McKeldin, a liberal Republican who would be drummed out of the party today, amassed a spectacularly successful record in office thanks in large measure to his ability to work with the Democratic legislature.

Hogan is heading in the opposite direction.

He may rival hapless Republican Gov. Harry Whinna Nice (1935-1939) for his paucity of accomplishments during his time in office. (Nice’s sole, lasting contribution was changing the architectural style of the governor’s mansion from Victorian to Georgian.)

Popular Larry Hogan

Gov. Harry W. Nice (1935-1939)

Where’s the Beef?

Hogan was elected with great promise and anticipation, but he has yet to deliver.

Where is the promised major de-regulation package that would free businesses and individuals of unnecessary and expensive bureaucratic red tape?

Where is the elimination of waste and inefficiency from state agencies? Where is the reorganization of state departments?

Where is the downsizing of the state’s work force?

Where is the smaller but smarter state spending program?

Time is on Hogan’s side, though.

He still could recognize that cooperation yields more than constant confrontation.

He could get serious about bringing sound Republican principles to Maryland government rather than following bellicose conservative proposals that stands no chance of becoming law.

Hogan has the opportunity to demonstrate what sensible Republican governance means. He hasn’t done much in that direction so far, which is a shame because it could be a lasting legacy.

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A Third Bay Crossing?

By Barry Rascovar

Sept. 6, 2016 – It was ironic that news of Jerry Wolff’s death this past week coincided with the splashy announcement from Gov. Larry Hogan, Jr. of a $5 million study to examine the site and funding options for a third Chesapeake Bay Bridge crossing.

Wolff was the last all-powerful head of the State Roads Commission during the late 1960s under Gov. Spiro T. Agnew. He was the mastermind behind legislative approval and construction of the parallel bay bridge span.

That 1973 structure cost $148 million. The original Chesapeake Bay Bridge, which was built after a 15-year battle for a mere $45 million, opened in 1952.

The next bay crossing could cost a staggering $7 billion – and probably double that by the time it opens 10 or 15 years from now.

Or rather, if a third span is ever built.

Mega-bucks Needed

Even with federal assistance, Maryland would be hard pressed to find that staggering amount of money for a project that mainly alleviates monster traffic backups on summer weekends. The rest of the year the existing parallel structures easily handle two-way traffic between the eastern and western shores.

Moreover, a critical part of any funding solution – bridge and tunnel tolls – was cut by Hogan to fulfill a campaign promise to lower taxes.

That means a revenue loss to the Maryland Transportation Authority that could approach $1 billion over the next 15 years – just when a third bay span would need to be financed.

A Third Chesapeake Bay Bridge?

Parallel Chesapeake Bay Bridge spans between Sandy Point and Kent Island, MD

Having foreclosed that pivotal revenue source, how in the world does Hogan intend to pay for this massive undertaking?

Answer: He doesn’t.

Hogan is passing the buck, this time to a study group that conveniently won’t report back to him until 2020. Then Hogan can flip the hot potato of how to pay for such a stunningly expensive construction project to the Democratic legislature and blame them for inaction.

Another ‘Boondoggle’?

Ironically, it was Hogan who killed the Baltimore-area’s major transportation initiative, the $3 billion Red Line project – which had $900 million in federal funding lined up. He claimed it was way too expensive. Hogan sneeringly called the Red Line’s downtown tunnel “a boondoggle.”

Yet now he is promoting a third bay crossing at double or triple that amount at a time when the state is short on transportation funds, in part due to Hogan’s populist toll reductions.

Maryland has other enormously expensive toll-road needs that Hogan doesn’t want to confront – or pay for.

The dangerously steep and narrow two-lane Harry W. Nice Bridge spanning the Potomac River between Charles County and the northern neck of Virginia is 76 years old. It’s not in great shape.

Hogan blocked $50 million allocated by his predecessor for planning and design of a new four-lane span, claiming a new $1 billion crossing would be too expensive.

He favors a far cheaper Band-Aid approach to the existing, aging structure, which is a bottleneck and lacks shoulders. Powerful lawmakers, though, are trying to force him to bite the bullet and replace the Potomac crossing.

Then there’s the Thomas J. Hatem Bridge connecting U.S. 40 between Harford and Cecil counties. It, too, is 76 years old. It cost just $5 million when built. But giving it a foundational overhaul will be extremely expensive. Hogan hasn’t allocated a penny for that undertaking.

Playing Politics

Instead, the governor wants to win political points with beachside merchants and summer vacationers headed “downy ocean” by holding out the promise of easy travel across the Chesapeake but leaving the tough funding decisions to someone else.
Already critics are calling Hogan’s plan a new boondoggle.

Even if the state turned to a public-private partnership – which would hand all the revenue and control of the span (and possibly the parallel crossings, too) to a for-profit company – paying the state’s share for a third bay bridge would crowd out virtually every major toll and bridge improvement for years to come.

There’s also the complicated matter of expanding roads leading to the third span on both sides of the bridge. It can’t be done inexpensively or without an environmental cost. Local opposition could be intense.

Hogan, of course, might try to get the job done with a patch-up by adding a single lane to the original bay bridge. But even that falls into the mega-billion-dollar range.

Why a Third Span?

All this begs the question as to whether a third span is essential.

Given the reality of climate change and rising sea levels, by the time a third crossing opens for vehicles much of Ocean City’s beach could be under water. The rush to O.C. might slow dramatically in a quarter-century.

Sen. John Astle, whose Annapolis district includes the western bay bridge approaches, calls this an “impossible problem.” Maryland can’t afford the incredibly high price of a third bay bridge and Hogan has shown zero inclination to raise revenue to pay for it.

Thus, the Hogan study group is likely to produce another report that will gather dust on a shelf. That was true of a study under Gov. Bob Ehrlich and a report under Gov. Martin O’Malley.

Hogan just wants to curry favor with beach-going voters and Ocean City businesses without having to take the unpopular step of raising tolls and other taxes to build a third crossing of the nation’s largest estuary.
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