Tag Archives: Larry Hogan Jr.

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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More Reasons for Marylanders to Vote

By Barry Rascovar

Oct. 10, 2016 – This year’s apparently one-sided presidential election in Maryland may encourage some people to consider not voting.

Polls consistently have Democrat Hillary Clinton ahead of Republican Donald Trump by a whopping 30 percentage points – and this was before release of Trump’s X-rated remarks about his sexual pursuit of women.

While there are few other races of consequence on most local ballots, there are plenty of other reasons to show up at the polls or cast an absentee ballot.

This is especially true for Republicans who may have had enough of Trump’s over-the-top sexism and egomania. The worst thing they could do would be to take a pass on voting.More Reasons for Marylanders to VoteThis year’s election will be a good barometer on the GOP’s efforts to build a more competitive party in heavily Democratic Maryland.

Hogan’s Coattail

The party has a wildly popular governor, Larry Hogan, Jr., who isn’t on the ballot but has endorsed some Republican nominees who share his moderate-conservative philosophy.

How close will these candidates come to pulling an upset?

That could tell us much about Hogan’s “coattail” abilities and set the stage for an even better GOP performance in 2018 when he is up for reelection.

In the U.S. Senate contest, Democrat Chris Van Hollen is a heavy favorite over Republican Kathy Szeliga. But Szeliga, a state delegate, has Hogan’s endorsement. Will voters who tend to support moderate politicians see Hogan’s backing as reason enough to support her?

Or will voters be turned off by Szeliga’s “having it both ways” comment about Trump’s sexism? She has deplored Trump’s outrageous sexual remarks but says she still is voting for him.

Hoeber vs. Delaney

In the Sixth District congressional race (far Western Maryland and a chunk of western Montgomery County), Republican Amie Hoeber, also endorsed by Hogan, is seeking to upend incumbent Democrat John Delaney, who barely won reelection last time. His margin of victory in 2014: less than 2 percentage points.

Hoeber, 74, is a defense expert on chemical and biological warfare and has poured substantial sums of his family’s money into her campaign. A heavy turnout in Republican portions of the district and Hogan’s backing might draw her closer to Delaney than expected.

In Baltimore City, a Republican has a legitimate shot at winning a City Council seat for the first time in 74 years. Democrats outnumber Republicans 10-1 in the city yet Republican Matt McDaniel is competitive in Southeast Baltimore’s First District.

Hogan won this area two years ago, 53 percent to 47 percent, and he has endorsed McDaniel over Democrat Zeke Cohen. Will Hogan’s support prove pivotal? Or will the heavy Democratic registration figures and Cohen’s activism in the community give him a decided advantage?

Questions on the Ballot

Two ballot questions hold considerable interest in important counties – Howard and Montgomery.

In Howard County, public financing of elections for county executive and county council will be up for voter decision. A positive outcome could set a trend in other large subdivisions with a liberal voter base.

Term limits is the issue in Montgomery County. Perennial political gadfly Robin Ficker has petitioned to the ballot a question on forcing the county executive or members of the county council to step down after three four-year terms. That might benefit outsiders like Ficker and Montgomery Republicans.

There’s also a statewide ballot question on filling attorney general and comptroller vacancies that pits Democratic legislative leaders against Republican Hogan.

The proposal would strip Hogan of his current power to name a replacement of his choice – almost certainly a fellow Republican – if there’s a vacancy in either office (both now held by Democrats).

Instead, the constitutional amendment would require Hogan to name a temporary replacement from the vacating official’s political party and then set a special election to fill the office for the remainder of the term.

So there are plenty of reasons beyond the presidential election to cast a ballot. Early voting in Maryland begins in a little over two weeks.

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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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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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Hogan’s Trump Tendencies

By Barry Rascovar

Aug. 29, 2016 – The yin and the yang of Maryland Gov. Larry Hogan keep bubbling to the surface.

On the one hand, he’s made it clear he finds Republican presidential nominee Donald Trump offensive. The Republican governor says he doesn’t like Trump, disagrees with his behavior and many of his statements and won’t vote for him.

On the other hand, Hogan continues to dip into Trump’s bag of tricks to win emotional points with voters. Indeed, Hogan was way ahead of Trump in one aspect of propaganda campaigning – the use of a fictitious story as a key election tool.

Hogan'sTrump Tendencies

Gov. Larry Hogan, Jr.

Trump has become a master of making it up as he goes along. He’s even better at taking a negative development and embroidering it with a fairy tale of malevolence and evil that rivals the Brothers Grimm.

Hogan does the same thing. The most recent example is the absurd furor he’s prompted over his mis-named “road kill bill.” It’s similar to his virtuoso propaganda winner from the 2014 campaign: Hogan’s mis-named “rain tax” – a savvy fabrication that helped win him the governorship.

Evil Bill?

This time, Hogan has latched onto a toothless bill passed by Democrats in the legislature to bring openness to the process of selecting major transportation projects.

Hogan thinks the bill is evil incarnate. It will wipe out every road project in Maryland, he told reporters and county leaders this month. That’s why he calls it “the road kill bill.”

That’s an intentional distortion of the facts for political purposes.

Hogan wants to use this unimportant bill – which he vetoed but then saw overridden by lawmakers – as a hammer against Democrats. He thinks it will help him win another term in 2018. You might call it the second coming of the “rain tax.”

As a candidate in 2014, Hogan harangued Democrats for passage of a bill that allowed 10 counties to impose a local levy on impermeable surfaces such as roofs and asphalt or concrete driveways because these surfaces generate stormwater runoff that pollutes the Chesapeake Bay. The tax revenue would be used to reduce waterway pollution.

But Hogan twisted that bill into something that sounded ludicrous. His TV ads sounded the alarm: Democrats had reached the point where “they’re even taxing the rain!”

Brilliant as a campaign tactic. But untrue.

Better Road Planning

Hogan’s latest invention concerns the Democrat-passed “Maryland Open Transportation Decision Act” aimed at bringing a statistical ranking system to road and bridge projects that the public can understand.

Its preamble sets out the purpose: to create “a public process for transportation planning. . . that provides Maryland citizens with a clear and transparent explanation as to how their transportation taxes and revenues are allocated to fund major capital transportation projects.”

The key phrase: “a clear and transparent explanation.” Not a mandate. Not an order that forces the governor to fund projects he opposes. Just a new planning tool shared with the public.

It could be a useful planning mechanism, just as it is in Virginia and North Carolina, where conservative Republican legislatures passed similar measures. Why? Because it’s a sensible way to get the “biggest bang” for the state’s buck – a very Republican notion.

But Hogan is thinking politics, not government efficiency.

He says the bill will wreak havoc on every county road project. He keeps repeating this flight of fancy. Mentioning “the road kill bill” revs up Republican crowds.

Scaring the Counties

Compounding the situation is an effort by Hogan’s minions to twist reality even further. Deputy DOT Secretary Jim Ports tried terrorizing the counties by claiming none of their projects would be funded next year because of this Democratic-passed law.

Pure buncombe.

To begin with, DOT hasn’t even created the detailed scoring and ranking metrics needed to come to such a conclusion. Most important, these rankings don’t count when the governor names the transportation projects he wishes to finance. He still can do as he pleases.

This is strictly a planning tool, not a funding requirement. The law states quite clearly that the governor can ignore the rankings and toss the list in the trash as long as he “provides in writing a rational basis for the decision.”

Moreover, Ports’ ridiculous assertion that every county’s priority list of road projects would be wiped out by this law is refuted by this wording in the statute: “nothing in this Act may be construed to prohibit or prevent the funding of the capital transportation priorities in each jurisdiction.”

In other words, counties still get to name their top projects and Hogan gets to fund them if he wishes.

Following The Donald

Calling it “the road kill bill” is a Trumpian tactic. How ironic for Hogan, who has positioned himself as the anti-Trump in Maryland’s Republican Party. Now he’s following The Donald’s lead by ignoring the facts and generating a story-line that fits his political purposes.

Unfortunately, we’ll be hearing a lot more about Hogan’s made-up “road kill bill.” He will continue demanding that lawmakers get rid of the statute – which won’t happen.

Meanwhile, Ports has made himself a prime target of angry Democrats, who are nearly certain to revise the law to make even clearer that it creates merely an advisory ranking system for road projects.

But has Hogan set an unintended trap for himself?

He and Democrats could get into a game of transportation “chicken” in which lawmakers dare the governor to wipe out all county road projects, as Hogan says is required – but isn’t – under the new advisory law.

What does Hogan do then – especially since this would be happening in the run-up to Hogan’s reelection bid?

Only by harming counties can Hogan prove his assertion is correct. That’s a huge risk for an incumbent who at the moment looks like a shoo-in for a second term.

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Baltimore’s ‘Challenging Moment’

By Barry Rascovar

Aug. 15, 2016 – That searing U.S. Department of Justice report on Baltimore’s police agency revealed an ugly truth we’d rather sweep under the rug. There is historic, deep-seated racism in what’s been labeled Charm City and it presents itself most hurtfully in city law enforcement.

What’s clear is that there are two Baltimores – one white, fairly prosperous and contented; the other black, impoverished, crime-ridden and desperate.

The DOJ report laid it out in uncompromising terms. Historic racism led to policing that focuses almost exclusively on black Baltimore. Racism helped create systemic practices that are unconstitutional, violent and discriminatory. No wonder the city’s black community expresses so much fear, hostility and anger.Baltimore's 'Challenging Moment'

Everyone who cares about Maryland’s largest city and its lone urban center should read parts of this report, especially the concise executive summary and early chapters on Baltimore’s perilous situation. The DOJ pulls no punches. It uses facts we don’t want to hear to explain how we got in this dreadful predicament.

Some black critics are using the report to engage in an unhelpful blame game. Their protests outside the Maryland Fraternal Order of Police conference are counter-productive and only increase the “us against them” attitude that could tear the city apart.

Others want to vilify former Mayor Martin O’Malley for turning to a zero-tolerance policing strategy in the 1990s, an approach he adapted from New York City’s successful fight on crime.

Blame Game

Finger-pointing gets us nowhere. It also is unfair to O’Malley, who as mayor faced unprecedented increases in crime. He tried a new approach, the “broken windows” theory of going after every minor criminal offender and loiterer to get “bad actors” off the streets.

What critics conveniently ignore is that this “lock’em up” approach worked, with Baltimore experiencing a dramatic plunge in street crime. O’Malley’s mistake was not converting those short-term gains into a friendlier, long-term community policing strategy.

As a result of the DOJ report, O’Malley’s political career took a major hit. He continues to defend zero-tolerance policing as a legitimate response in the 1990s to unrelenting crime in the poorest sections of Baltimore.

What this means in the current presidential campaign is that O’Malley’s role as a surrogate speaker for Hillary Clinton may fade away. His chances for a highly visible job in Washington after the election don’t look good, either.

But those are secondary concerns.

Opportunity Knocks

Baltimore Police Commissioner Kevin Davis hit the nail on the head when he said the DOJ report presents Baltimore with “a challenging moment.”

There is, he noted, a tremendous “opportunity to get better” if political and community leaders use the DOJ analysis to make major policing reforms and start addressing underlying causes of Baltimore’s malaise.

Davis, Mayor Stephanie Rawlings-Blake and her soon-to-be successor, Catherine Pugh, all have indicated that’s the direction they’re going to take.

But one leader has remained distressingly quiet, Gov. Larry Hogan, Jr.

He has said nothing about the DOJ report, using the lame excuse he hasn’t read the document.

Hogan knows full well what the report found. He is fully informed about Baltimore’s tenuous plight. It’s just that the Republican governor has little interest in diverting state resources to a Democratic stronghold like Baltimore City. That’s been his record to date.

DOJ Report Summary

The trouble is the police department’s systemic problems and financially strapped Baltimore’s underlying weaknesses can’t be fully addressed without considerable federal and state help.

The city’s predicament is daunting. Just read how the DOJ summed up the situation facing city leaders (italics and paragraphing added):

“Baltimore is the largest city in the state of Maryland with a population of approximately 621,000. The Baltimore metropolitan area’s 2.7 million residents make it the nation’s 21st largest urban center.  The City’s population is approximately 63 percent African American, 30 percent white, and 4 percent Hispanic or Latino.

“While the City hosts a number of successful institutions and businesses, most economic measures show that large portions of Baltimore’s population struggle economically.

“Compared to national averages, Baltimore exhibits: lower incomes, with a median household income nearly 20 percent lower than the national average; higher poverty rates, with 24.2 percent of individuals living below the federal poverty level; elevated unemployment, with a rate hovering around 7 percent, and average unemployment rates per month that were 50 percent higher than the national average from 2014 to 2015.

“Baltimore also scores below national averages in education: 80.9 percent of the population has graduated from high school, while 27 percent has a bachelor’s degree or higher. In most grades and subjects, the percentage of students below basic proficiency in Baltimore was twice the rate seen in Maryland as a whole.

“These socioeconomic challenges are pronounced among Baltimore’s African-American population, owing in part to the City’s history of government-sponsored discrimination. 

“Schools and many other public institutions in the City remained formally segregated until the 1950s, and stark residential segregation has marked the City’s history.

“In 1910, Baltimore became the first city in America to pass an ordinance establishing block-by-block segregation, a policy that was followed by other discriminatory practices, including restrictive covenants, aggressive redlining, a contract system for housing loans, and racially targeted subprime loans. This legacy continues to impact current home ownership patterns, as Baltimore remains among the most segregated cities in the country.”

Historic Cop Problems

The situation within the city’s police department over the past century and a half has been even more depressing. The DOJ report doesn’t go into that sordid history.

After World War II, a half-dozen investigations of city policing found corruption on a massive scale, mismanagement and incompetence. More than a few commissioners were shown the door. Nothing really changed.

By 1964, here’s what Baltimore Sun reporter Richard Levine wrote in a detailed investigative series: “The Baltimore Police Department is manned, equipped and financed heavily enough for modern warfare on crime yet it is waging a primitive kind of guerrilla action marked by inefficient administrative procedures, haphazard planning and lax discipline. . .”

Jump ahead 30 years and ace Sun investigative reporter David Simon found a déjà vu situation in the police department – poor management, confused priorities and chaotic staffing policies: “Burdened by a lack of resources, devoted to strategies many veteran officers view as flawed and battered by record rates of violence and drug abuse, the department is watching its most essential function – its ability to deter crime –inexorably diminish.”

No wonder O’Malley turned to a tougher law-enforcement method. But the DOJ report makes clear that only exacerbated racial alienation.

Fixing the Baltimore police department’s systemic problems can’t be done without tens of millions of new dollars the city doesn’t have. It will require massive re-training and education of officers, additional staffing and state-of-the-art equipment.

That’s where Hogan could make a difference. Baltimore’s limited tax base and underlying poverty means it must depend on greater support from Annapolis (and Washington).

Otherwise, Baltimore will remain the weak link in Maryland’s fiscal and socio-economic world, a tremendous drag on efforts by Hogan and others to portray Maryland as “the land of pleasant living.”

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Trump All the Way

By Barry Rascovar

July 18, 2016 – This is a big week for Republicans – their quadrennial national convention in Cleveland. For Maryland’s conventioneers, it’s “Donald Trump All the Way.” Nary a discouraging word will be heard from them – unless they’re talking about Hillary Clinton.

Trump All the Way

Republican National Convention delegates meet in Cleveland this week.

The state’s GOP delegates’ loyalty to Trump, the party’s flamboyant and controversial presumptive nominee, was sealed when the New York real estate tycoon thrashed Texas Sen. Ted Cruz and Ohio Gov. John Kasich in the April 26 Maryland primary.

Most of the GOP convention-goers from Maryland are chosen by congressional districts. They are bound to the primary winner in that district in the opening rounds of balloting.

Trump made the math easy, though: He won all eight congressional districts handily.

He took the Maryland primary with 54 percent of the vote, scoring a high of 63 percent in the Eastern Shore-Harford County First Congressional District and a low of 46 percent in the Baltimore City-dominated Seventh C.D. and the Montgomery-Frederick counties Eighth C.D.

His lowest margin of victory, 14 percentage points, occurred in the liberal Seventh Congressional District.

Unity in Cleveland

If there are rumblings of discontent among Maryland’s GOP faithful, those dissenters are staying far away from Cleveland.

Gov. Larry Hogan, Jr., who grudgingly told the media he would not be voting for Trump (though he still hasn’t explained precisely why), has found an ideal excuse: the annual J. Millard Tawes Crab and Clam Bake in Crisfield – the can’t-miss high point of Maryland’s political summer season.

Hogan hasn’t been a big fan of building up the state GOP infrastructure, anyway. He has yet to attend a Lincoln Day fund-raiser supporting local central committees. He also skipped the last two big annual Republican fund-raisers.

That makes sense, since Hogan was elected after running an outsider campaign on Facebook through his Change Maryland organization. Hogan’s novel approach may have set a new paradigm for statewide GOP campaigns and debunked the value of relying on the local party apparatus for support and backing.

Some Maryland conventioneers remain angry at Hogan’s “no” vote on Trump and his refusal to give silent assent in Cleveland.

Hogan’s Sidestep

But he would have done so at a cost. Democrats were itching to tie Hogan to Trump and the nominee’s sometimes insensitive broadsides. Hogan safely sidestepped that problem by staying home and announcing he’s washed his hands of national politics.

While some die-hard Trump supporters say they won’t forget Hogan’s snub of their hero, they are small in number next to the horde of Democrats and independents he might alienate through a Trump endorsement.

Maryland, after all, is a heavily Democratic state. For Hogan to win a second term, he can’t afford to turn off the state’s large pool of centrist voters. They helped him win in 2014.

Hogan’s second-in-command, Lt. Gov. Boyd Rutherford, won’t be in Cleveland, either. He’s made it clear that Trump “is not my choice at all.” Rutherford will be joining his boss at the Tawes schmooze-fest.

Kittleman’s ‘Strong Feelings’

Howard County Executive Allan Kittleman has been the most prominent Maryland Republican to cite emphatically his disapproval of Trump’s sometimes racist comments.

Kittleman, whose father Bob was one of Howard County’s most prominent civil-rights leaders, stated that Trump does not represent his “strong feelings” on civil right and diversity. “That’s not how I was raised.”

Still, those voices of dissent won’t be heard on the Cleveland convention floor or in the convention hotel hallways.

This is Donald Trump’s moment to shine and he’ll get no argument from his staunch delegate supporters from Maryland.

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Sifting Truth from Hogan’s Fiction

By Barry Rascovar

July 5, 2016 – He’s at it again. Gov. Larry Hogan, Jr. keeps promoting a phony story line to justify attacking Democratic lawmakers and scaring local officials into believing vital road projects are in grave jeopardy.

If that’s the case, why hasn’t the governor named those highway construction projects that are on the “kill list” because of those evil Democrats in the Maryland General Assembly?

He can’t do so because there’s no such animal. Hogan’s bluster is just that: hot air lacking factual back-up.

Last week, Hogan went before conventioneers at the Maryland Municipal League and tried to scare them out of their pants.Sifting Truth from Hogan's FictionHe told them “we cannot and will not let” the General Assembly’s Democratic majority hinder road and bridge repairs.

He did not give one example of such a dastardly deed.

Rally ’Round the Governor

Then he amped up the volume, declaring Municipal League members must rally ’round Hogan to safeguard their local highway aid.

“We’re going to keep fighting to make sure these priority road projects in every jurisdiction continue to move forward,” he said.

“But we need our municipal and our county officials, each and every one of you, to stand with us so our roads and highways don’t go back down a path of neglect and under investment.”

So what is this despicable act perpetrated on local governments and its citizens by the Democratic legislature, according to Republican Hogan?

It centers on a  bill passed in 2015 by lawmakers that forces the state to rank all highway, bridge and transit projects costing more than $5 million that increase capacity. Structural deficiencies and urgent repairs are not included in this ranking.

Hogan vetoed the bill but Democrats easily overrode that veto this year. The law went into effect July 1.

These transportation projects will be rated according to nine objective metrics, such as how much each undertaking improves transportation safety, the economic benefits each project brings to the counties and state and each project’s impact (negative or positive) on the environment.

Hogan’s own transportation department will pick the measurement criteria and do the analysis, not some liberal do-gooder group.

Toothless Law

Once the annual ranking is produced, that’s the end of the story.

Hogan need not follow this priority list. He can ignore it completely.

All he must do, under the law, is explain why he’s disregarding this objective listing of Maryland’s most important road, bridge and transit projects.

It’s a feel-good law lacking any teeth. There’s no enforcement provision. Hogan’s ability to pick and choose transportation winners and losers remains fully in place.

Had this law been in effect in 2015, Hogan still could have killed the Baltimore Red Line subway project and shifted those funds to rural highways where his most ardent supporters live. Nothing would have changed.

All the new law does is provide some welcome transparency. Finally, citizens will get a glimpse into a previously closed-door government process that historically has led to corruption and blatant political favoritism.

Finally, there will be a values-based rating of road, bridge and transit projects and a ranking of which ones score highest.

It Could Get Uncomfortable

Does this endanger local officials’ favored road projects? Not at all. Hogan can still distribute road and bridge goodies as he chooses.

But the rankings may raise uncomfortable questions if county leaders are pushing for a project that scores extremely low.

Yet listening to Hogan’s rants one gets the impression a cataclysmic event is upon us.

He has called it a “terrible, terrible piece of legislation” that threatens “every bridge and every road” project in Maryland!

He has made the blanket statement – lacking concrete, follow-up proof: “We would have to kill pretty much all the road projects in 22 of the 24 jurisdictions. Every bridge and every road.”

Where’s the Proof?

What’s missing are the names of those endangered projects. Until Hogan produces such a list of the road and transit projects he’s been forced to kill because of the new law, his words amount to political bombast.

One of the governor’s likely opponents in 2018, Baltimore County Executive Kevin Kamenetz put the new law that Hogan keeps screaming about in perspective: “I think it’s fair for the General Assembly to ask how do you establish priority.”

Indeed it is. It’s time to remove some of the mystery surrounding the selection of road, bridge and transit projects and start telling the pubic why some road widenings go to the top of the list and others go to the bottom.

We’re not talking small potatoes here. Maryland’s six-year transportation program amounts to nearly $16 billion.

Shining a bit of sunshine on the selection process is long overdue.

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