Category Archives: Maryland Politics

Giving Frosh His Independence

 

By Barry Rascovar

Feb. 20, 2017—You can’t blame Gov. Larry Hogan, Jr., for getting irritated over the Maryland attorney general’s new authority – granted by the General Assembly – to sue the federal government without the governor’s permission.

This strips Hogan of a smidgen of his enormous powers. Yet if the Republican chief executive truly wished to stop this slight weakening of his powers all he had to do was pick up the phone and negotiate a compromise.

Instead, Hogan gave Attorney General Brian Frosh, one of the mildest mannered men in politics, the cold shoulder when Frosh requested the go-ahead to object in court to President Trump’s temporary ban on refugees and immigrants from seven Muslim nations.

Giving Frosh His Independence

Maryland Attorney General Brian Frosh

Hogan called the delegation of power to Frosh “crazy” and “horrible” – but the real nuttiness lies in Hogan’s refusal to talk through his objections with Frosh and come to a reasonable arrangement each could live with.

Political Divide

Sure, Hogan is a conservative Republican to the core and Frosh is a down-the-line Montgomery County liberal Democrat.

Still, Frosh almost never picks a fight. His 20 years in the legislature were marked by quiet persuasion based on facts, open dialogue and finding middle ground.

Only when Frosh asked for permission to sue, provided back-up documentation to the governor and was met by silence did he opt to make an un-Frosh-like aggressive move.

Democrats in the House and Senate were happy to help him, since they were alarmed by Trump’s executive order against Muslim refugees and immigrants.

Numerous state attorneys general sued to stop the president’s executive order and temporarily succeeded in blocking it. Frosh wanted authorization from Hogan to do the same thing.

He said he was concerned by clear indications the new administration will wipe out the Affordable Care Act that gives health insurance to 430,000 Marylanders and anti-environmental steps that could damage the health of the Chesapeake Bay. He wanted the tools to speak out on Maryland’s behalf in court.

Weak A.G.

Maryland is one of a handful of states that didn’t –until last week – give its attorney general the independence to sue the federal government without getting an okay from the governor.

Indeed, this state has one of the weakest attorney general offices in the country. Only on rare occasions can Frosh’s office conduct a criminal investigation and try the case—the state’s constitution handed over those broad powers to the local state’s attorneys in 1851.

Maryland’s attorney general primarily staffs the law offices of state agencies, gives legal advice to the governor, General Assembly and judiciary, handles consumer protection issues, defends the state in court litigation and files lawsuits on behalf of state agencies.

Yet this is a statewide office just like the governor and state comptroller. All three are elected by Maryland voters every four years. Their authority is spelled out in the Maryland constitution. Yet Frosh’s office is unusually dependent on the governor for permission to act.

That’s never been a healthy situation.

Why create a constitutional law office without giving that office the freedom to carry out the full range of legal responsibilities normally handled by an attorney general in other states?

Why make the Maryland attorney general such a weak reed, unable to speak for the state on legal matters without first coming on bended knee to the governor for consent?

The current conflict over separation of powers never surfaced when Democrats occupied both offices. Usually the two elected officers were on the same political wave length and agreed on occasional litigation to protest federal actions.

Cover for Hogan

Under Hogan and at times under Republican Gov. Bob Ehrlich disagreements have surfaced. Yet this need not have reached a point of separation if Hogan had ordered his skilled legal counsel, Robert Scholz, to work out an accommodation.

Frosh may have been close to the truth when he suggested this new arrangement actually gives Hogan the best of both worlds – despite the governor’s public protests.

Hogan doesn’t want to go on record opposing the new Republican president. He’s trying hard to ignore anything and everything Trump says that provokes controversy.

Yet it’s no secret radicals in the new administration want to deep-six Obamacare and purge all sorts of environmental regulations that could set back efforts to clean up the Chesapeake Bay.

Someone has to speak out and protest in court at the appropriate time. Hogan doesn’t want to alienate his Republican core base, yet extreme actions in Washington may require pushback from Maryland to avert harm to citizens and the “Land of Pleasant Living.”

The new delegation of authority by the legislature to Frosh solves that dilemma quite neatly for Hogan. He can continue to ignore Trumpian broadsides and dangerous executive orders while Frosh, on his own volition, tries to block Trump’s moves in court.

The governor’s hands are clean. He hasn’t forsaken the Republican president.

(He also can try to dissuade Frosh through well-reasoned arguments. The power granted Frosh requires that he notify Hogan of the attorney general’s intention to sue, wait 10 days so the governor can put any concerns he has in writing, and then Frosh must “consider the Governor’s  objection before commencing the suit or action.”)

Re-election Battle?

The real danger for Hogan could lie in the next six to 12 months if Trump takes such extreme steps affecting Marylanders, the state’s social programs and its natural resources that Frosh becomes the hero of the day – filing lawsuits repeatedly to stop or reverse Trump’s moves.

Should Hogan continue to remain mum during that time, ignoring the human toll of Trump’s actions, it might hurt the governor’s re-election chances.

Thus, Brian Frosh might place himself at the head of the pack of candidates running for the Democratic nomination for governor.

Could Hogan then face off against the attorney general in November 2018 just as Frosh’s popularity in vote-heavy Central Maryland soars due to his role as Maryland’s defender against heavy-handed actions from Washington?

It’s not far-fetched.

That possibility gains credence with Frosh’s request for a future annual budget of $1 million to create a five-person legal staff to sue the Trump administration when the public interest or welfare of Maryland citizens is threatened – be it their health, public safety, civil liberties, economic security, environment, natural resources or travel restrictions.

If Hogan, for political reasons, won’t oppose Trump and radicals in the administration, Frosh is the logical person to fill that void.

Giving him the power to act isn’t wild and crazy. It’s in line with the way things work in most other states. It ensures that Maryland’s interests will be defended by at least one statewide, constitutional officer elected by the people.

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Hogan and the Elephant in the Room

By Barry Rascovar

Feb. 6, 2017 – If a Martian had landed in Annapolis last week and watched Gov. Larry Hogan’s State of the State address, he/she would have thought: “Wow, what a nice guy. What a perfect blend of bipartisanship and leadership. He’s my kind of governor.”

Indeed, that’s the image Hogan wants to project to the voting public – nice guy, good ideas, wants to cast politics aside and work with his foes to get things done.

Except the reality, rather than the distorted image, is quite different.

Hogan acts the role of bipartisan governor quite well for the cameras. Behind the scenes, though, he’s unwilling to open the door to Democrats and quick to play the blame game. He sharply mocks his political critics.

During his two years in office, Hogan rarely has worked cooperatively with Democrats. Instead, he lays down a take-it-or-leave plan of action – and he did last week – and refuses to negotiate a middle ground.

Back-Patting

You can chalk up his most recent State of the State speech to political hype and self-congratulatory back-patting. If there’s anything wrong happening in Maryland, it’s not his fault but those self-absorbed Democrats. Nary a negative word was sounded by Hogan – until he took some swipes at Democrats.

Hogan and the elephant in the Room

Gov. Larry Hogan delivers State of the State Address in House of Delegates Chamber

There’s no surprise here. Hogan wants to put a politicized, glossy filter on the Maryland scene.

What did come as a surprise was Hogan’s complete avoidance of the proverbial elephant in the room – widespread fear and trembling as a radical populist takes charge of the U.S. government just 32 miles away.

Hogan’s high popularity numbers stem in part from his careful “I’m not involved” approach to hot-button societal controversies. That now includes anything and everything happening in Trumpland.

Yet how can the governor ignore the dire situation Maryland could face later this year once President Trump and determined tea party Republicans in Congress demolish the Affordable Care Act providing health insurance for 430,000 Marylanders?

He said not a word about the ACA’s demise and what, if anything, he will do to avert a health-care crisis in the Free State. Hogan remains mum.

Cuts Coming from Washington

Similarly, Hogan ignored the clear and present danger to Maryland posed by vast federal budget cuts Trump and congressional Republicans have promised. Such massive reductions will reverberate throughout Central Maryland, costing possibly tens of thousands federal jobs.

The implications for Marylanders and Hogan’s budget are immense. That should have been a priority item in Hogan’s address to the legislature. Instead, he remained silent.

Once again, Hogan proved himself anything but a pro-active governor. He’s almost completely reactive, and only after factoring in popularity numbers and his reelection campaign effort.

Hogan gave no indication he is making plans to cope with what appears to be a whirlwind of destructive actions in Washington that could bring Maryland to its knees.

Maryland and Virginia are the states most at risk from Draconian budget moves by Trump and Congress. Federal employees constitute 8 percent of Maryland’s workforce.

Sweeping personnel and spending reductions will affect all of the Maryland economy. Yet we’ve heard not one word about this from Hogan.

No More Balanced Budget?

Trump’s anti-immigrant executive order is causing confusion, fear and uncertainty at Maryland colleges and universities and within immigrant communities.  It could create massive disruptions at research and education centers at College Park, the University of Maryland Medical Center and Johns Hopkins – both the university campus and the sprawling East Baltimore medical complex.

For state government, Hogan’s balanced budget could rapidly tumble into a deep deficit, requiring massive revisions this legislative session and special sessions later in the year to react to sharp federal funding cuts and job layoffs.

Hogan could have no choice but to make highly unpopular cutbacks, a move that won’t help his reelection chances.

It would have helped if the governor had reassured lawmakers and the public that he and his staff are hard at work developing alternative plans and creative approaches to help Marylanders who might lose health insurance or their federal jobs en masse.

Instead, Hogan pretends the threat from Washington doesn’t exist.

That’s not leadership; that’s pretending the problem doesn’t exist. His speech lacked transparency and honesty. Hogan gave listeners political Pablum.

Dark, threatening storm clouds are on the horizon, heading toward the Annapolis State House from the southwest.

Yet Hogan keeps telling us it’s a sunny day and everything is copasetic.

Maybe it’s time for the governor to adopt the Boy Scout motto, “Be Prepared,” and get the state and its people ready for what could be a tumultuous and unsettling time.

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Politicizing Ethics Reforms in MD

By Barry Rascovar

Jan. 23, 2017 – Two bleak views of American society were on display last week coming straight from our elected executives – expressed first by Maryland Gov. Larry Hogan, Jr. and the next day by President Donald Trump at his inauguration.

On Thursday, Hogan stood in front of the State House steps at a staged event so he could rail against the “culture of corruption” in Maryland’s legislature – though evidence of this “culture” is limited to a handful of examples.

Politicizing Ethics Reforms

Gov. Larry Hogan promoting his ethics reforms

Then he marched up the steps in photo-op fashion to present one of his ethics reform bills to House and Senate officials.

On Friday, Trump used his first speech as president to paint a deeply negative portrait of the country – despite years of prosperity and slow, steady growth. “This American carnage” he called the situation.

In each case, the Republican speakers left no doubt they were riding to the rescue on a white horse to save citizens from a clear and present danger perpetrated by the Democratic establishment.

Trump’s over-the-top rhetoric was understandable. That’s his style. This billionaire New Yorker sees himself as champion of “the people.” He says he inherited an Augean stable of stench – miserably failed government policies only “The Donald” can clean up and “make America great again.”

He promised radical change and his Friday message signaled his intention to follow through on his pledge to disrupt the status quo.

White Knight in Annapolis

Hogan’s bombastic rhetoric on legislative corruption also was understandable. It’s all about positioning Hogan in his reelection bid as the white knight doing battle with evil Democrats in the General Assembly.

Recent indictments of an ex-state legislator, a nominee for a House of Delegates vacancy and the Prince George’s County liquor board chairman set the stage perfectly for Hogan’s call to clean up the political arena.

But he combined that call for ethical government with continual bashing of the Democratic establishment in the state legislature.

Remember the “let’s work together” governor who told lawmakers only a week earlier how much he wanted to set partisanship aside and solve problems together?

That proved a mirage.

The real Larry Hogan resurfaced on Thursday, full of outrage about the Democratic-controlled legislature’s “climate of corruption” he wants to erase. Instead of sitting down and devising a joint ethics package with lawmakers, Hogan took the partisan route sure to grab all the headlines for himself.

Weak Ethics Commission

Hogan says he wants lawmakers to turn over the power to punish wayward colleagues to the State Ethics Commission, which has very limited enforcement and punishment tools.

Indeed, the commission already oversees lawmakers’ financial disclosure forms – and in 2015 fined four legislators a whopping $250 each for missing the filing deadline.

The power to discipline, humble and even eject elected legislators lies solely with the legislative bodies themselves.

Hogan wants to change that, though whether a panel controlled by the governor should hold such authority over legislative branch officials could bump up against separation of powers provisions in the Maryland constitution.

In practical terms, Hogan faces a bigger problem: His reform plan won’t work.

It won’t root out or stop wayward lawmakers from pursuing unethical behavior tied to monetary payoffs.

How Corruption Happens

Legislative corruption in Annapolis usually occurs when a delegate or senator accepts cash or favors from businesses in exchange for helping those businesses gain passage of favorable bills or friendly regulatory actions.

Two former delegates are embroiled in a liquor board payoff scandal in Prince George’s County. Hogan’s reforms wouldn’t have stopped the alleged payoffs.

Why? Because the transactions were hidden from view. There was no way Hogan or the legislature or the State Ethics Commission could have known a crime was being committed.

The lawmakers apparently lied on their disclosure forms, knew they were doing it and continued pushing legislation to aid businesses that stuffed cash in their pockets. Only dogged work by federal prosecutors unearthed what was going on.

The same holds true in the case of Ulysses Currie, accused in 2013 of taking hundreds of thousands of dollars as a consultant for a supermarket chain while pressing state and local bureaucrats to give the company favorable treatment.

Hogan’s reform proposals wouldn’t have unearthed Currie’s questionable behavior. (A federal jury failed to convict Currie, whose defense boiled down to admitting that he wasn’t mentally alert to the fact his actions might be criminal.

Marijuana Mischief

Even in a current case involving Del. Dan Morheim of Baltimore County, Hogan’s ethics package would not have revealed Morheim’s unorthodox behavior or his links to a marijuana growing and distribution firm vying for state licenses.

Morheim, who claims he abided by legislative ethics rules, kept his employment arrangement with the marijuana company secret. Only when the company started touting the expertise of its newest employee to help win state licenses did reporters shine a light on this odiferous situation.

It’s clear state ethics laws need considerable strengthening. Unfortunately Hogan chose to turn the issue to his political advantage rather than initiating a non-partisan crusade aimed at overhauling government standards of conduct.

He opted to take the moral high ground and denigrate the legislative establishment because it helps his political advancement. That’s smart politics but dumb governance.

Like Trump, Hogan too often prefers a sledge hammer instead of a peace pipe. He’d rather boost his poll numbers than do the hard work of thrashing out complex details and compromises with Democrats in order to make significant ethics reforms happen.

To the public, though, Hogan is the hero. It is part of his strategy to claim the title of good-government reformer in the next election.

Democratic legislator now must carve out tougher ethics provisions governing public officials on their own. Hogan has made them the bad guys in this matter and they must prove him wrong.

But if ethics reforms are successfully enacted into law, citizens won’t give Democratic legislators much credit. They’ve been outflanked by Hogan once again.

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‘Honest Prince George’ Strikes Again

By Barry Rascovar

Jan. 16, 2017 – Back when I was a naïve and newbie political reporter covering the Maryland General Assembly in the early 1970s, I was baffled when legislators joked in lounges and hallways about “Honest Prince George.”

I found out soon enough it was a jovial but derogatory reference to the questionable “pay for play” politics practiced by some leaders of Prince George’s County.

Rapid land development and the county’s population explosion made the Washington suburb prime ground for under-the-table payoffs to elected officials who got builders construction permits and re-zoning approval.'Honest Prince George' Strikes Again

Straight-arrow Prince George’s senators and delegates would join in the verbal State House sparring about their “honest” county, but they knew better than most what was going on.

Now “Honest Prince George” has surfaced again.

Blown Cover

Arrests by federal prosecutors so far have nabbed a liquor board commissioner, a longtime former councilman and a yet-to-be-named state legislator involved in a bribery and payoff scheme.

Will Campos, a ten-year councilman and ex-delegate resigned his state post in 2015 after only nine months in office, realizing the feds were hot on his trail.

He pled guilty earlier this month to taking nearly $50,000 in payoffs to direct $325,000 in county funds to business owners over a seven-year period. On one occasion, he was handed a white envelope in the bathroom of a College Park restaurant. It was stuffed with $3,000 in cash.

Another ex-delegate, Michael Vaughn, turned in his resignation letter last Wednesday due to “ongoing health challenges” – like avoiding a long prison sentence (clearly not good for your health).

Prosecutors say one of their targets is a delegate who voted in committee to extend Sunday liquor sales in Prince George’s as part of a bribery scheme. Vaughn was the only county delegate on that committee who voted in 2015 for that Sunday liquor-sales bill.

More shoes will drop as federal investigators continue the latest Prince George’s County corruption probe.  It’s certainly been a lengthy, and sad, saga.

Baggett First to Fall

The first bigshot in Prince George’s to fall was Jesse Baggett, chairman of the then-all-powerful Board of County Commissioners during the county’s massive land-development boom in the 1960s and early 1970s. Baggett went to prison in 1971 for taking a $3,500 bribe from a builder in exchange for help on re-zoning.

The county became ground zero for the headline-grabbing Marvin Mandel racetrack scandal in which the secret sale of a county half-mile track in Upper Marlboro formed the case against Governor Mandel and his co-defendants, including a prominent county lawyer, Ernest N. Cory, Jr., who lied repeatedly to the state racing commission about the Mandel group’s ownership of the track.

This unsavory reputation by county leaders helped unseat many of them in the 1970s. Leading the reform group was Steny H. Hoyer, now the county’s longtime congressman, and an influential lawyer-politician, Peter F. O’Malley.

Yet the smell of money proved irresistible for a few. A veteran state senator, Tommie Broadwater, went to prison for food stamp fraud. A delegate, Leonard Blondes, was found complicit in a bribery scheme.

A one-term delegate and county councilman, Tony Cicoria, stole $65,000 in campaign contributions, lied on his tax returns and then while on the council went AWOL for 13 months to avoid arrest. Cicoria eventually was nabbed in Florida  where his return to Maryland was delayed by local charges of using a phony drivers license.

Good old “Honest Prince George.”

Johnson’s Shame

In the 21st century, the most flagrant offender has been former County Executive Jack Johnson, who used his office to extort $1.6 million from developers during his eight years in office.

When Johnson and his wife, herself a county councilwoman, were arrested by the feds, Johnson was shouting at his wife to stuff illicit cash into her bra and panties and to flush the rest down the toilet. (Officers recovered $79,600 from Leslie Johnson’s undergarments and another $100,000 from the water closet.)

Then there was the sad case of current Sen. Ulysses Currie, accused of using his office and committee chairmanship to twist arms for his client while getting a kickback worth hundreds of thousands of dollars.

Currie beat the rap, but not without humiliating himself with a defense that claimed Currie was too dumb to be dishonest.

And of course there was Tiffany Alston, who avoided criminal punishment by resigning as a state delegate 2012 after she stole thousands from her campaign fund to pay herself and cover her wedding expenses.

Constant Surveillance

Unfortunately, a few politicians in Prince George’s continue to regard elective office as a way to enrich themselves through quid pro quos.

Other jurisdictions, such as Baltimore County and Baltimore City, have similar shameful histories – witness the recent indictment of Gary Brown, Jr. on the eve of his appointment as a state delegate for laundering $18,000 in campaign contributions for his boss, Baltimore Mayor Catherine Pugh, through his relatives.

At least Prince George’s voters had the good sense to elect a reformer, Rushern Baker, as county executive to help clean up the mess left behind by Jack Johnson.

Still, the ballooning liquor board scandal points to a continuing problem in the county that will need constant surveillance and scrutiny to scrub Prince George’s County of its “pay to play” reputation.

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Maryland’s Demeaning ‘Begathon’ Continues

By Barry Rascovar

Jan. 9, 2017— Here we go again. In a few weeks, school superintendents will trek, en masse, to the second floor of the Maryland State House to grovel before the Board of Public Works for additional school construction funds.

It is a demeaning “begathon” that long ago outlived its usefulness and turned into a political circus allowing the governor and comptroller to praise, and reward, their friends in the counties and humiliate their enemies.

This time, the target for Gov. Larry Hogan, Jr. and Comptroller Peter Franchot is Baltimore County Executive Kevin Kamenetz – a man who has signaled a desire to run for statewide office next year.

Anything Hogan and Franchot can do to undercut Kamenetz’ credibility helps their reelection chances.

That explains the consistent animosity by this tag-team tandem toward Kamenetz’ requests.

Comptroller’s Crusade

Franchot has conducted a consistent crusade to force the county to install portable, temporary air-conditioners in all schools lacking central cooling units.

Former Baltimore County executives bear the brunt of the blame for leaving too many school kids in overheated classrooms during the early fall and early summer.

Kamenetz, on the other hand, has been making up for lost time with a $1.3 billion program to get students into air-conditioned schools. But his expensive plan is phased in due to fiscal constraints.

Maryland's Demeaning 'Begathon' Continues

School Construction in Montgomery County

Franchot has persisted in pummeling Baltimore County’s leader for not following his insistence that Kamenetz buy window A/C units.

Each has a point: Kids should not swelter on extremely hot days, yet it makes little sense to spend millions for a short-term fix when a long-term fix is in the works.

The ideal solution is for the state to forward-fund the money Baltimore County needs to finish the job ASAP through a combination of costly upgrades and replacement buildings.

Embarrass Kamenetz

However, neither Franchot nor Hogan has lifted a finger to support the county’s efforts. They could have designated a pot of school construction money for jurisdictions needing window-unit air-conditioners. Instead, they remained silent.

Their goal is to publicly embarrass Kamenetz. Thus, the dynamic duo voted last May to punish Baltimore County (and its school kids) by withholding $10 million in state funds for county school construction – thus delaying portions of the work on air-conditioning classrooms.

The two also withheld $5 million in badly needed construction dollars from Baltimore City, which also is in the process of getting all schools air-conditioned.

They demanded that the two jurisdictions air-condition all classrooms in a matter of months – an impossibility for any number of legal and practical reasons.

The two Annapolis politicos apparently think the city and county can simply wave a wand and, voila! they’ll reverse a situation that’s been festering for two decades.

The reality is that it will take a number of years – and billions – to correct this situation.

Political Favoritism

When the “begathon” parade shamelessly takes place on Jan. 25, it is likely Hogan in particular will look kindly upon Baltimore City’s requests, including the withheld $5 million, as a goodwill gesture toward the city’s new mayor, Catherine Pugh.

He and Franchot will save their contempt for Baltimore County School Superintendent Dallas Dance and, indirectly, Kamenetz. There could well be “plants” in the room to demonstrate Hogan and Franchot are supported by county residents in their harsh criticisms.

It’s all part of the set-piece melodrama the “begathon” has become.

In most cases, conservative, Republican-leaning counties will be treated with kid-gloves by the Republican governor while Democratic strongholds get a cold reception.

It’s quite a distasteful scene, one that is as unbecoming for the governor and comptroller as it is for the school chiefs forced to grovel before them.

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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Trump Adopts Hogan’s Campaign Strategies

By Barry Rascovar

Nov. 21, 2016 – We should have seen Donald Trump’s huge upset victory coming: He used many of the same tactics and strategies as Gov. Larry Hogan, Jr. when the Annapolis real estate developer shocked everyone with his big upset in Maryland two years ago.

The similarities are striking.

  • Hogan brilliantly used social media as a rallying point for conservatives and disaffected voters of all stripes. So did Trump.
  • Hogan was outspent 2-to-1 in TV advertising but easily offset that through free advertising via Facebook with his news-making statements that TV stations and newspapers picked up. So did Trump.
  • Hogan was the “change agent” in a year when Maryland voters dearly wanted something different in the Annapolis State House. This year, Trump was the “change agent.”
  • Hogan capitalized on the economic pain many people have been suffering since the Great Recession. Trump doubled-down on that one.
  • Hogan made himself the focal point for people fed up with in-grown establishment politicians who offered trite, tired and shopworn solutions. Ditto for Trump.
  • Hogan’s opponent was uninspiring, lacking in new ideas and tied at the hip to a disliked incumbent. That pretty much described Hillary Clinton, too.
  • Hogan was an outsider who had never held elective office. Trump followed suit on that one.
  • Hogan pounded away mercilessly on the incumbent’s unpopular policy of raising taxes and fees. Trump never relented in tearing down everything the incumbent president stood for.
  • Hogan promised to bring jobs to Maryland. Trump promised to bring jobs to America.
  • Hogan voiced people’s anger and dissatisfaction with the status quo. So did Trump, but in a much louder and far more outspoken way.

No wonder Larry Hogan, a conservative Republican in a very Democratic state, won in a rout. He crushed Lt. Gov. Anthony Brown in all but the big three Democratic strongholds of Montgomery and Prince George’s counties and Baltimore City, plus Charles County in Southern Maryland.

Trump Adopts Hogan's Camapign Strategies

Maryland Gov. Larry Hogan, Jr. (right) and Lt. Gov. Boyd Rutherford

Hogan’s victory signaled a new day for angry white voters, especially those living in rural and exurban areas and on the outskirts of suburbia. Donald Trump followed a very similar formula. It worked for him in 2016 just as it did for Hogan in 2014.

Hogan’s use of Facebook as a key communications and news-making tool was novel at the time. He created his Change Maryland page nearly four years before the election. Back then, he told Len Lazarick of MarylandReporter the page was “born out of frustration.”

Hogan had nothing to lose. He was the longest of longshots, similar to Trump’s status at about the same time.

Voters Wanted Change

“A lot of people are not happy with the direction of this state,” Hogan told Lazarick in a column published on MarylandReporter June 13, 2011. “Some businesses have closed and left the state. Others have just given up.”

In another interview back then, Hogan said, “We need a voice for people who don’t seem to have one” – almost exactly what Trump expressed over and over in his presidential campaign.

Hogan excoriated Gov. Martin O’Malley for his tendency to solve Maryland’s post-recession problems by raising an array of taxes and fees. Hogan said enough, already – let’s head in a new direction.

That’s what Trump promised voters, too.

By the time Hogan won his election, he had 120,000 Facebook followers – twice the number O’Malley had after eight years in office. Today, Change Maryland has 269,000 likes and the governor counts 7,431 Twitter followers.

Trump had astronomical success following the identical approach.

Trump Adopts Hogan's Campaign Strategies

President -elect Donald J. Trump

So clearly Trump, either directly or indirectly, learned from Larry Hogan’s trail-blazing 2014 gubernatorial campaign.

Ironically, Hogan refused to support Trump as a candidate or as the GOP nominee for president. Not my cup of tea, the governor said, recognizing The Donald’s unpopularity with Democrats in Maryland (he gained less than 35 percent of the Free State’s vote on Nov. 8).

Yet the similarities in the Hogan and Trump campaign approaches are stunning – and so were the results.

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