Analysts See ‘Hard Core’ Liberal Democrats Running for U.S. Senate

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Democratic primary voters should find little difference in political ideology between the two candidates running to replace retiring Sen. Barbara Mikulski, according to outside analysts.

Both U.S. Reps. Donna Edwards and Chris Van Hollen are ranked “hard core liberals” by On The Issues, a political website that analyzes policy issues supported by federal, state and local politicians.

Both Edwards and Van Hollen are considered reliable Democrats, who vote with their party 100% of the time, according to The Sunlight Foundation, a national, non-partisan organization that focuses on transparency and accountability in government and politics.

Edwards, of Maryland’s 4th Congressional District, is considered one of the most liberal members in the House of Representatives, ranking among the top 10% of all members, according to GovTrack.us, a government transparency website that tracks legislation in Congress and legislators’ voting records. She is also considered the most liberal of Maryland’s eight-member congressional delegation.

While both politicians share very similar political views, Van Hollen is considered slightly to the right of Edwards because of his willingness to work across the aisle with Republicans.

Sponsoring bills with Republicans

In the 113th Congress, which ran from January 2013 to January 2015, 29% of the 325 bills Van Hollen cosponsored were introduced by someone other than a Democrat, and 37% of bills in which Van Hollen was lead sponsor had Republican co-sponsors.

In contrast, Edwards, has a 0% rating for writing legislation that was also co-sponsored by a Republican, and she is tied for sixth lowest among all House Democrats for co-sponsoring bipartisan legislation.

“Edwards tends to gather co-sponsors only on one side of the aisle,” GovTrack reported.

In a potential larger field of candidates, though, both Edwards and Van Hollen would be considered to the left of center. Prospects like Rep. Dutch Ruppersberger, 2nd congressional district, of Baltimore County and Rep. John Delaney, 6th, of Montgomery County and western Maryland, are shown to be a little more bipartisan.

Ruppersberger ranks the highest amongst Maryland’s delegation for co-sponsoring legislation across the aisle. In the 113th Congress, 46% of the bills Ruppersberger co-sponsored were with members from parties other than Democrats; Delaney came in second at 34%.

“What’s interesting about bringing a Ruppersberger and Delaney dynamic [is], it introduces a more moderate candidate to a Maryland that recently rejected Anthony Brown,” said Mileah Kromer, director of the Sarah T. Hughes Field Politics Center at Goucher College.

Rep. Elijah Cummings, 7th, ranking member of the House Committee on Oversight and Government Reform, and Rep. John Sarbanes, 3rd, have also been reported as considering running for Mikulski’s seat.

Most progressive to most conservative

On a spectrum of most progressive to most conservative, Edwards, Cummings, Van Hollen and Sarbanes – in that order – are considered the most liberal, according to GovTrack, while Delaney and Ruppersberger are considered more moderate.

“Make no mistake about it, Delaney and Ruppersberger are still Democrats,” Kromer said. “They’re just more moderate Democrats.”

According to OpenCongress, an affiliate of the Sunlight Foundation, Ruppersberger votes with his party 94% of the time and Delaney votes with party 85% of the time.

Still blue state

Kromer, who oversees political polls produced by Goucher every spring and fall, said while she thinks there’s an outside chance voters could elect a Republican to the Senate, she still thinks Maryland is a blue state.

“While you hear a lot of talk that Maryland is a purple state now, I don’t think we’ve gotten to that point,” Kromer said. “It’s still a blue state, but I think it will be interesting to see what type of blue state candidate will rise up through the Democratic party.”

Kromer believes the difference between a liberal candidate versus a moderate candidate will boil down to the type of initiatives the senator would throw their weight behind.

“There are two different ways to look at it,” Kromer said. “Does it matter in terms of party line vote, probably not. The difference is, the things they emphasize will be different. A more progressive candidate like Edwards or Van Hollen might throw their weight behind or spearhead different initiatives than a Ruppersberger or Delaney.”

For example, Ruppersberger, who is rated as a “populist leaning liberal” instead of a “hard core liberal,” does not support amnesty for illegal aliens.

Delaney comes from a business background with a history of creating thousands of jobs as chief executive of financial services companies he has founded and taken public.

“It will be interesting to see who Maryland prefers to send,” Kromer said.

By Glynis Kazanjian

Freshman Legislators finds State House not as Partisan as Expected

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The largest freshmen class in 20 years came in swinging at the State House this session, taking over the General Assembly with a “new wave” of bipartisanship.

“It’s just an exciting time to bring fresh, new ideas. I think the body as a whole has been pretty receptive to them,” said Del. Marice Morales, D-Montgomery.

The 57 new delegates and 11 new senators aren’t being shy with their bills. While some thought they would hold off and test the waters, they soon found themselves diving in.

Screen Shot 2015-03-03 at 10.03.16 AM“I meant to introduce maybe only three or four bills, but then over the course of the first month different advocates and senators were looking for crossfiles and sponsors for their legislation. I decided it would be fun to be collaborative,” said Del. David Moon, D-Montgomery County. “So now I have more bills than I intended.”

Sen. Steve Waugh, R-Calvert and St. Mary’s, said his past as a Marine helped him adapt to the legislative process.

After being stationed all over the world and becoming the chief of Combat Operations at Central Command Combined Air Forces, Waugh found that after “running air forces for about a dozen Nations and about 30 countries,” getting dropped into new experiences doesn’t phase him anymore.

At first Waugh was going to stick with an old Navy saying, “Never change the set of the sail the first thirty minutes into the watch,” but he soon changed his tune, “I got a lot of irons in fire, but I like running fast.”

A bipartisan year

Waugh found the amount of bipartisanship in the State House largely contributes to the fast paced process.

“Annapolis is nothing at all like a Sunday morning talk show,” said Waugh. He found a “lack of acrimony and a lack of partisanship so far.”

Morales_Platt
Delegates Andrew Platt and Marice Morales, two freshman Montgomery County Democrats.

Moon echoed these observations. “The hilarity of reading the partisan bickering in the newspaper is very much not how people actually engage with each other here.”

“Our politics might be different but we’re all very personally agreeable, it certainly helps on a lot of issues,” said Del. Andrew Platt, D-Montgomery.

The freshman focus is on getting to know fellow party-mates or legislators across the aisle. Often having dinner and lunch with them to keep up “a constant dialogue over issues,” said Platt.

“Everything is about leveraging relationships…I think about how everything works on the big scheme of things,” said Del. Cory McCray, D-Baltimore City.

Sen. Johnny Ray Salling, R-Baltimore County, has found that both parties have been open to him.

“They let me know the ins and outs, be careful here, protocol. We all have our points, we all have our bills we’re looking at, but we get to know each other’s point of view,” said Salling.

Sen. Bob Cassilly, R-Harford County, found the sincerity of bipartisanship to be overwhelming.

“We often disagree intensely on matters of policy but that appears to rarely interfere with personal relationships and mutual respect,” said Cassilly.

Rushed beginnings

Perhaps one challenge they weren’t expecting was the first-week rush, according to Del. Brett Wilson, R-Washington County.

“The mad scramble right at the beginning was a little unexpected just because there are so many new folks this year,” said Wilson.

Wilson received his office assignment the week before session. After sorting through a “grab bag” of furniture, his staff was finally able to settle in, all except for his business cards, he said amused.

“They won’t print anything with your name on it until you actually get sworn in, because they don’t want to waste the paper,” Wilson said.

However, the Speaker of the House Michael Busch and Senate President Mike Miller have been a great help “nurturing us through the process,” Platt said.

There wasn’t as much hazing as some freshmen were expecting.

“I think there may have been a few attempts to put us in our place and remind us that we are first-year legislators, but there are so many of us…I expected a little more, not that I am asking for more hazing,” Morales said.

“We were told about the pool on the fourth floor, but that was just a joke,” Platt said.

Overall, freshmen are ready to serve their constituents.

Freshmen embrace the work

McCray has found that his “blue-collar” background has helped him stay grounded.

After serving 13-years as an electrician with Baltimore’s IBEW District 24 Union, McCray is introducing three bills this session, one focusing on union apprenticeships.

“These three bills are very satisfying in reference to coming down here and making sure you serve the purpose that you started with,” said McCray. “Just making sure that you’re making everyday count and I feel really, really good about that.”

“You read a bill and think you understand it. Then you listen to testimony and it opens up a whole other way of thinking to take into consideration,” said Del. Deborah Rey, R-St. Mary’s County.

As a working mom with a young son, Del. Brooke Lierman, D-Baltimore City, finds the schedule challenging.

“I think for any working parent, balancing work and making sure we see our family is important to keep us grounded.”

Indeed, the 90-day legislative session has been described as “intense” and “crazy” across the board. However, Lierman along with all the freshmen are saying they love the process.

“I am learning so much, it’s amazing, I never thought my brain could hold this much information. But I love it, it’s so interesting, so engaging,” said Lierman. “My constituents sent me here for a reason and I want to be sure I am holding up my end of the bargain and doing good work for them and the people of Maryland.”

And despite the “mad rush”, Wilson has “enjoyed every day of it.”

The theme at the freshmen welcoming party, which has a top-secret date, will be “the wave.”

By Rebecca Lessner

 

Health Advocates Want MD to Stop Taxing Bottled Water

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Health advocates moved to make water the “default drink of Maryland” by submitting a bill that would repeal the 6% sales tax on bottled water.

Some health foundations spoke before the Senate Budget and Taxation Committee in support of SB 574 on Wednesday, where legislators identified the elephant in the room — a possible general fund loss of $20 million annually.

The estimates vary agency to agency because of the lack of data collection on bottled water sales. According to the bill’s fiscal note, “the decrease may range between $7 million and $20 million annually.”

The Comptroller’s Office estimated the exemption could reduce general fund revenues by $7 million based on 2012 bottled water sales data provided by the International Bottled Water Association.

However, according to Sugar Free Kids Maryland and the American Heart Association, the question isn’t what the state will lose but what the state will gain by reducing the number of “sick kids” in Maryland.

“We are becoming sicker than we can afford to be in our state,” said Nikki Highsmith Vernick, president of the Horizon Foundation in Columbia.

“The direct and indirect cost to Maryland’s economy to be approximately $11.5 billion annually from the impact of obesity,” said Vernick.

The foundations hope to encourage the purchase of water over other sugary drinks by making bottled water more affordable, especially to lower income families who are counting pennies in their budgets.

Currently, the state does not consider water a tax-exempt “food,” according to the Department of Legislative services.

Other healthy choices are already exempt by the sales tax, including food sold in grocery stores, excluding certain prepared foods, and vending machine sales of milk, fresh fruit and yogurt.

“We already give an exemption to most food products in this state…and it seems to me water deserves not to be taxed, as it is a staple of life.” said Sen. Guy Guzzone, D-Howard, sponsor of the bill.

“Bottled water is regulated by both federal and state laws as a food product,” said Patrick Donoho, president of the Maryland Retailers Association.

“During natural or manmade events we are strongly recommended by government agencies to go out and purchase bottled water…so if the government is telling us to buy it, why should we tax it?” said Donoho.

While there was no panel of opposition to the bill, Sugar Free Kids Maryland Executive Director Robi Rawl wondered why the American Beverage Association had not joined them in support.

“We find that intriguing, since most of the companies that are a part of the American Beverage Association, such as Coke and Pepsi, also produce bottled water. So we’re curious as to why they are not coming out in support of this bill as it also supports their products,” said Rawl.

Ellen Valentino, chair of the Maryland-Delaware-D.C. Beverage Association, came to the committee hearing to comment but not take sides.

“Know that we are here and we are committed to the health and wellness phase…there are facts to deliberate on,” said Valentino.

Valentino continued on to say that health-conscious changes her companies were making included listing calorie count on beverages, which is something that is not required and was done “because the moms wanted it.”

Maryland is one of 17 states with a sales tax on water, and it is also one of the top 4 states that taxes water at a higher rate than other food and drink, said Rawl.

By Rebecca Lessner

Lawmakers Review Charter School Laws as Hogan Pushes for More

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Three reports focusing on public charter schools could spur changes to the system, just as newly inaugurated Gov. Larry Hogan takes office with a promise to expand the use of charter schools in Maryland.

The Senate Education, Health & Environmental Affairs committee hosted a briefing Thursday on a charter school report submitted by the Maryland State Department of Education.

Consultants from the University of Baltimore’s Schaefer Center for Public Policy identified ways in which Maryland can improve the charter school program already in place based off of current charter-school performance levels. But legislative staff questioned the validity of the report.

The MSDE report highlighted charter schools’ ability to open creative, learning opportunities through a diversity of programming such as language classes or different approaches. It also called for changes to the school’s lottery system and funding structure.

The attendance level for charter schools has been explosive. It grew from 196 students at the enactment of Maryland Charter School laws in 2003 to an estimated 20,000 students in 10 years.

“Charter Schools are one of the most innovative learning opportunities in our system, they have kept families from leaving Baltimore City,” David Stone, vice chairman of Baltimore City Public Schools, told the Senate committee.

Maryland charter schools law ranked last in country

Shortly following the MSDE report, a roundup of scores was posted by the National Alliance for Public Charter Schools in January giving a dismal rating to Maryland for the 2013-2014 year. Maryland ranked in last place, 43rd out of the 42 states and the District of Columbia, who have enacted public charter school laws through their state legislature (eight states are yet to implement charter school laws).

Maryland was judged according to the National Alliances model state law outline.

“While some states fell in the rankings simply because other states enacted stronger laws, it is important to note that these changes represent progress for the overall movement, not black eyes for any set of states,” stated Nina Rees and Todd Ziebarth, President and Vice President of NAPCS.

The third report came in last week, when Legislative Services sent a letter to the Senate and House, calling into question the quality of Maryland State Department of Education’s fact checking and data collection authenticity.

Proposed charter schools approved on case-by-case basis

In Maryland, like many states, there is no “cap” on the number of charter schools allowed to start up each year. A unique feature of Maryland law, seen as regressive by outsiders, is the use of waivers and required approval from local school boards to start up these charters.

Currently under Maryland law, charter schools must first appeal for new locations at the local school board level and, if refused, they may bring it to the state level. Last year, 28 appeals were denied at the local level while 18 were dismissed at the state level. In the end, six to seven cases were able to move forward successfully, looking forward to their start in the coming year.

In the Senate’s Education, Health & Environmental Affairs committee briefing on Thursday, a panel representing MSDE spoke of how these dismissals are a “case by case” decision.

New board would fast-track charter school expansion

Overall the MSDE report asks members of the General Assembly, if they should choose to expand the charter school program, to create a “State-level Independent Chartering Board”, and more funds, either on the state or local level, to help cover the per-pupil allotment of new students entering the school.

If the Independent Chartering Board were to be created, it would potentially put Maryland on a faster route to expansion of charter schools and raise Maryland’s status in the ranking of states implementing charter laws.

There are some discrepancies over whether Maryland’s strict laws requiring charter schools to go through school boards for approval has kept Maryland schools from experiencing financial difficulties, as found in other states with “loose” charter school laws.

Also not covered by state or local funding is the facilities’ expenses, which creates a struggle for charter schools in obtaining property for the location of new schools. The rest of the operation for charter schools is state funded. With every new addition of a charter school, the local school board must find the funds to support it.

Total schools choices greeted with skepticism

The Senate committee questioned the MSDE report’s “total schools” used as the groundwork for determining success rates. Carol Beck, the Director for the Office of School Innovation at the Maryland State Department of Education, told the committee that the total schools number was “47 public charter schools in five jurisdictions totaling an estimated 18,000 k-12 .” This number does not include 11 schools closed due to underperformance issues.

Vice Chairman Sen. Paul Pinsky asked MSDE during the committee briefing to consider these school closures in their data report. The National Alliance’s report used an estimated 21,397 students, which included an estimated 52 schools during the 2014-2014 school year, a total that differs MSDE’s data by 3,397 pupils.

The Department of Legislative Services, which received and analyzed the submitted MSDE study, called for House Speaker Michael Busch and Senate President Mike Miller to give the findings of the MSDE report “only as much weight as the paucity of data and analysis deserves.”

DLS finds report lacking

DLS Policy Director Warren Deschenaux found that the MSDE report also only “partially answered” 13 out of 14 questions asked by the legislature. The 14th question was “unmet,” meaning ignored altogether, because the University of Baltimore could not locate enough data to answer.

The legislative staff questioned this statement by saying the data “may or may not have been truly unavailable.”

During the committee briefing, the panel stressed that decisions on charter schools should be “parent driven, not market driven,” and that parents are “engaged enough in their child’s futures to make a choice” to switch to charter.

Much of the data collected in the MSDE report was found to be gathered from public forums and interviews “in lieu of using Maryland data,” as stated in the Department of Legislative Services review. Overall, the MSDE report was lengthy and based on facts that were supported by “stakeholder interviews.” Legislative Services comments that “this anecdotal information is no substitute for data and analysis.”

Committee members asked that MSDE answer more questions and said the report would face further scrutiny.

Still, enrollment continues to climb for charter schools in Maryland as the school’s stack up lengthy waitlists and rely on lottery drawings to determine admittance.

By Rebecca Lessner

Maryland Politics: Clean Chesapeake Coalition at Odds with Corps of Engineers New Report on Conowingo Dam

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The 200 million tons of sediment trapped behind the Conowingo Dam is not a major threat to the health of the Chesapeake Bay, according to a three-year study by the Lower Susquehanna River Watershed Assessment.

“The study concluded that problems at the Conowingo Dam are not as bad as scientists previously thought,” said Alison Prost, Maryland Executive Director of the Chesapeake Bay Foundation. “The dam is one of many sources of pollution throughout the Bay’s drainage area. To clean up the Bay, we must clean up our local streams, creeks and rivers that feed it.”

The study conducted by the Army Corps of Engineers and Maryland Department of the Environment found that 87% of sediment flowing to the Bay through Conowingo from 2008 to 2011 came from Pennsylvania and New York — and only 13% came from the sediment that already rests behind the dam.

The LSRWA study is released as the dam’s operator, Exelon Corp., is on the eve of renewing its license with the Federal Energy Regulatory Commission to operate the Dam through 2060. Exelon helped fund the study.

More pollution from the watershed

”The overwhelming majority of pollution entering the Bay from the Susquehanna River comes not from behind the Conowingo Dam but from the 27,000 square-mile watershed upstream,” Prost said. “That is why we call on New York, Pennsylvania and all the states to implement the Chesapeake Bay Blueprint.”

The study aligns with a cleanup plan mandated by EPA in 2010 – after the Bay Foundation sued the agency to enforce the Clean Water Act. The mandate puts the costs on local governments in the watershed states to reduce the Total Maximum Daily Load of sediment and nutrients that flow to the Bay from local sources. The TMDL places more emphasis on reducing nitrogen and phosphorus than sediment.

“Modeling work completed for this assessment estimated that the sediment loads comprised of sand, silt, and clay particles from scouring of Conowingo Reservoir during storm events, are not the major threat to Chesapeake Bay water quality and aquatic life,” the LSRWA report said. “It is the nutrients associated with the sediment that are the most detrimental factor from scoured loads.”

Conowingo released 42,000 tons of nitrogen, along with 19 million tons of sediment, over a week’s time during Tropical Storm Lee in 2011. The annual nitrogen discharge through the Conowingo without storm events is 71,000 tons.

At odds with Clean Chesapeake Coalition

The findings are at considerable odds with the Clean Chesapeake Coalition, an association of 10 Maryland counties that is challenging the efficacy of the TMDL blueprint — because it ignores the 200 million tons of sediment behind the dam as a significant threat to the health of the Bay.

The coalition advocates dredging the dam as the cheapest way to reduce sediments and nutrients that surge through the dam during storm events. They often cite science from a USGS report (see editor’s note below) that said 40% of the sediment discharge into the Bay from 2002 to 2011 resulted from Tropical Storm Lee alone.

The coalition insists that a multi-state commitment to dredge the dam should be the first priority to increase the dam’s storage capacity — before local governments are forced to pass drastic tax hikes to fund local Watershed Implementation Plans under the mandate.

For instance, tiny Kent County, Maryland’s smallest, would have to fund $60 million to meet its obligation under the mandate. The county’s commitment would amount to nearly 11% of its annual $47 million budget through 2025 and would result in “serious” tax increases in a challenged local economy, said Kent County Commissioner Ron Fithian, who chairs the Clean Chesapeake Coalition.

Spy Interview with Clean Chesapeake Coalition’s Chip MacLeod from September 2014

The Maryland Department of Legislative Services has estimated local governments in Maryland will spend $14.4 billion to comply with the EPA mandate by 2025.

A recent report from the Maryland Public Policy Institute said that 2 million tons of sediment could be removed annually at a cost of $48 million — and would reduce nitrogen at a greater pace than the TMDL blueprint will yield through 2025.

But the just released watershed study says that the benefits of dredging would be “minimal and short-lived and the costs are high.”

“Attempting to dredge the 200 million tons of sediment behind the dam and relocate it safely could waste taxpayer money,” Prost said.

Gov.-elect Larry Hogan Jr. had sided with the Clean Chesapeake Coalition. Timothy Wheeler in the Baltimore Sun quoted Hogan as saying that he had not read the report but questioned its findings, calling the Army Corps a biased source and accusing it of neglecting sediment above the dams for decades.

Dispute over harm from sediment

The coalition disagrees with the conclusion that sediment is not detrimental to aquatic life and blames massive discharges of sediment from the Conowingo for decimating the oyster population in the northern third of the Bay, north of the Bay Bridge, where only 183 bushels were harvested in 2012.

But while the study emphasizes local sources as the greatest threat to the Bay, it does consider the dam’s inability to stop hemorrhages during storm events.

The dam has reached an “end state of sediment storage capacity” and is “no longer trapping sediment and the associated nutrients over the long term,” the study said.

“These additional loads, due to the loss of sediment and associated nutrient trapping capacity in the Conowingo Reservoir, are causing adverse impacts to the Chesapeake Bay ecosystem,” the study said. “These increased loads need to be prevented or offset to restore the health of the Chesapeake Bay ecosystem.”

CBF says Exelon should be held accountable as a source of pollution

“Exelon should be held responsible for its share of the problem,” Prost said. “The buildup behind the Conowingo Dam is one source of pollution, and the dam’s owner should be accountable for reducing that pollution and its impact on the environment.”

The coalition responded late Thursday welcoming the conclusion that the dam had reached its storage capacity – but cautioned against taking dredging off the table by “a tenuous rush to judgment by federal and State agencies and leading environmental organizations.”

The Susquehanna River Basin Commission, Chesapeake Bay Program and the Nature Conservancy also participated in the study.

The coalition also said that the mandate was drafted on incorrect estimates that the dam was trapping 50% of the nutrient-laden sediment that drains into the Susquehanna from New York and Pennsylvania.

“The Bay TMDL will have to be recalibrated to account for this fact,” the coalition said.

Methods and modeling questioned

The coalition also questioned the methods and the modeling used in the study and pointed to three stakeholders that criticized the study for ignoring a USGS prediction that a storm at the magnitude of Hurricane Agnes in 1972 could most likely occur during Exelon’s 46-year re-licensing period.

“The direct impacts of scour of sediment and nutrients from the Project’s Conowingo Pond during the largest storm events expected during the license period have been ignored,” said a joint statement from Stewards of the Lower Susquehanna, Lower Susquehanna Riverkeeper and Waterkeepers Chesapeake to the Federal Energy Regulatory Commission in September.  “These size storms were not thoroughly evaluated for their potential impact to the ecosystem of the lower Susquehanna River or Chesapeake Bay. Nor were they evaluated with respect to their potential for causing exceedances of water quality standards.”

Those three organizations are directly involved in the stewardship of the lower Susquehanna and intervened in Exelon’s license proceedings in July of 2013 to demand Exelon take action to mitigate damage from the dam.

The coalition also questioned why LSRWA’s model focused narrowly on the sediment flows from 2008 to 2011.

“Models are only as good as the data put into the models,” said the coalition’s lead counsel, Charles “Chip” MacLeod of Funk & Bolton P.A.

MacLeod also expressed concern that Exelon may have influenced the findings by contributing funds to conduct the study.

He quoted a letter from DNR Secretary John Griffin to then Senate Minority Leader E. J. Pipkin in 2013, claiming that Exelon had “made a critical financial contribution to DNR to fill a Corps of Engineers’ funding gap.”

By Dan Menefee

 *Spy Editor Note: It is important to note that the U.S. Geological Survey (USFS) was a partner in the Lower Susquehanna River Watershed Assessment.

Historic Republican gains in Maryland as Hogan wins; GOP picks up execs, House and Senate seats

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Larry Hogan Jr. became just the third Republican elected governor in the past 50 years, winning by almost the same 51.5% margin and carrying almost the same number of counties as Gov. Bob Ehrlich, the last Republican chief executive 12 years ago.

Sen. Allan Kittleman became just the second Republican Howard County executive in its history, and Del. Steve Schuh, as expected, kept the Anne Arundel County executive office in GOP hands. On the Lower Shore, Bob Culver defeated Democrat Richard Pollitt, the first Wicomico County executive.

Ex-Secret Service agent Dan Bongino came very close to unseating freshman Democratic Congressman John Delaney in the 6th Congressional District, redrawn to put it into Democratic hands. Delaney, a wealthy former banker, had to put up $800,000 of his own money in the closing weeks to hold onto his seat.

But it was in the Maryland General Assembly that the GOP matched Hogan’s unanticipated victory with unexpected gains — despite partisan gerrymandering by Democrats that sought to cut the GOP’s numbers.

Republicans picked up nine seats in the House of Delegates and two in the state Senate. The GOP will have 52 seats in the 141-seat House, when just months ago their leaders thought they would be lucky to hold onto the 43 seats they currently have, already a historic high number for Republicans in the Maryland House.

Sauerbrey feels vindicated

Hundreds of Republicans gathered for the Hogan victory party at the Annapolis Westin Hotel. Singing and dancing with a live band, hugging and high-fiving, few were as elated as Ellen Sauerbrey, the former House of Delegates minority leader who was almost elected governor in 1994, losing to Parris Glendening by 6,007 votes. Many in the GOP feel she actually won that election if it were not for Democratic vote tampering.

“Twenty years later, vindication,” she said early Wednesday morning. “I think the people have spoken.”

On Election Day, she worked a polling place in Baltimore County where she lives, and people would tell her: “I’ve always voted Democratic, but I’ve had it.”

Dundalk sweep

Clearly, they had had it in Dundalk.

In one of their most remarkable wins, Republicans swept the Senate seat and three House seats in District 6, the Dundalk-Essex area that had always elected Democrats. They also knocked off the longtime chair of the House Appropriations Committee, Norman Conway, on the Lower Shore, and an appropriations subcommittee chair, John Bohanan, in the increasingly Republican St. Mary’s County.

In St. Mary’s, Republican Steve Waugh also ended the 36-year political career of state Sen. Roy Dyson, an education and health committee vice chair who had served 10 years in Congress before he was elected to the state Senate.

The GOP also held onto the Harford-Cecil Senate seat held by Sen. Nancy Jacobs, with Bob Cassilly defeating Mary-Dulany James, another House Appropriations subcommittee chair.

For more detailed coverage of the legislative races, see a separate story.

How Hogan won

Sauerbrey said Hogan won with a strong disciplined message that focused on taxes, spending and jobs. Hogan kept to that message Tuesday night in his victory speech.

“They said it couldn’t be done, but together we did it,” Hogan told the boisterous crowd more used to election night wakes than victory celebrations. “I want to thank [New Jersey] Gov. Christie for bringing in the cavalry.”

Christie, chair of the Republican Governor’s Association, made four visits to the state and funnelled money for ads to boost the underfunded Hogan campaign, which had accepted public funding that limited fundraising.

“Tonight we have sent a loud and clear message to Annapolis,” Hogan said.

Hogan emphasized his willingness to work in a bipartisan way, as he did through his organization Change Maryland, which became the theme and basis of his campaign.

“This race was never about a fight between Republicans and Democrats,” he said. “The voters showed that they were completely fed up with politics as usual.”

“Thanks to you, real change has come to Maryland,” Hogan told the crowd. “Tomorrow, the people of Maryland finally get to take Maryland back.”

He said he will begin “cleaning up the mess in Annapolis and restoring integrity to state government.” He promised to get that government “off our backs and out of our pockets.”

Wednesday he is scheduled to hold a press conference to announce his transition team.

State police protection

After his speech, Hogan spent almost an hour greeting and talking to people left in the Westin ballroom. But one of the sure signs of his new status as governor-elect were the plainclothes state troopers of the executive protection detail who became visible as Hogan took the stage.

Afterward, at least six hovered near Hogan as he worked the crowd, two were with Lt. Gov.-elect Boyd Rutherford, and one scanned the room near Hogan’s wife, Yumi, a Korean American artist. One of the executive protection detail’s black Chevy Tahoe hybrid SUVs waited to transport Hogan outside the Westin, not far from the Hogan-Rutherford bus that he had been traveling in for months.

Many of the newly elected legislators and officeholders traveled to Annapolis to join Hogan in the early morning after their own victory celebrations, relishing the prospect working with a friend in the State House as they took on their new posts.

“It can’t get more exciting than this,” said Del. Susan Krebs, elected to her fourth term from Carroll County.

By Len Lazarick

Op-Ed: What Happens When an Environmental Group Targets a Family Farm

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Americans ate an average of 60 pounds of chicken last year, about four times as much chicken as they were eating in the 1950s.

Like most city dwellers and suburbanites, we’re pretty oblivious about how our food gets to the dinner table, except for the trip to the supermarket.

Most of our chicken starts in place like the Hudson family farm in Berlin, Md., just west of Ocean City.

In 2010, the Waterkeeper Alliance sued Al and Kristin Hudson for keeping a pile of chicken manure outside one of its chicken houses. The suit alleged that bacteria and other pollutants were running off the chicken litter into a ditch that ran into the Franklin Branch of the Pocomoke River and ultimately into the Chesapeake Bay.

Getting the Facts Wrong

The only problem with the lawsuit was that wasn’t true. The pile seen from a plane was refined human sewage sludge from Ocean City. That’s what the Maryland Department of the Environment determined when it sent inspectors to examine the pile.

At first, they fined the Hudsons, then the department dropped the fine.

But the Waterkeepers plowed ahead with their lawsuit. The case might have generated little attention outside coverage in the Delmarva Farmer or Salisbury Times if the Environmental Law Clinic at the University of Maryland Law School in Baltimore hadn’t been helping sue both the Hudsons and Perdue Farms, for whom they were raising the chickens.

This meant that a state-sponsored law clinic was going to court against not only a small family farmer on the Eastern Shore who had to drive a school bus for extra income, but also against one of the largest and most influential companies central to the Eastern Shore economy. Gov. Martin O’Malley eventually got involved.

Kill the Chicken to Scare the Monkey

It was this scenario that made me think of a Chinese saying: Kill the chicken to scare the monkey.

In this case, the chicken was Al Hudson and the monkey was Perdue.

That’s what the new 15-minute documentary “Collateral Damage” is about. It is not balanced news story about the two-year lawsuit; it is about how and why it affected a small family running a 300-acre farm.

The film accuses the environmentalists of targeting the little guy to get at the big guy, Perdue. Al Hudson, who provides much of the commentary in the film, says by involving the clinic of the state law school, “I paid to sue myself.”

The involvement of the law school produced one of the most heated debates in the Maryland Senate over the state budget, when senators wanted to withhold money from the law school until they got a report.

That debate centered on academic freedom, versus the use of the law clinic to bully a struggling farmer and a major industry. Gov. Martin O’Malley, generally a friend of environmentalists, sided with the Hudsons; he appears in the documentary.

You could raise a similar point about academic freedom with Capital News Service. It is run by the University of Maryland journalism school and covers major state issues with young reporters whose copy is used by many news outlets, including MarylandReporter.com.

But a major difference between Capital News Service and the Environmental Law Clinic is that inherent in the teaching of journalism is the commitment to balance, airing both sides of a topic fairly. That is opposite to the one-sided advocacy that happens in our law courts.

Plaintiffs continued to press the suit

The Waterkeepers continued to pursue the lawsuit even when they found out it was not chicken manure in the pile. Senior U.S. District Court Judge William Nickerson in his 50-page opinion is fairly astounded that the waterkeepers kept insisting that the pollution was coming from chicken litter when they knew it wasn’t and that they failed to test for it. In the fairly polite language of judicial opinions, Nickerson also basically finds the plaintiff’s expert was making things up, as was another key witness.

hudson_cows
Cows eat on the Hudson farm. Photo copyright SaveFarmFamilies.org

This is not to say that there wasn’t a manure problem on the Hudson farm. The judge found that it came from the 85 to 90 cows and calves on the farm, producing 3,000 pounds of manure a day, not to mention the 150,000 gallons of urine they produce each year.

But the cows are not what interested the Waterkeepers; their target was the vast industrial agriculture complex overseen by Perdue. The judge ruled against them and they lost the lawsuit.

Save FarmFamilies.org

A coalition of farmers and farm organization as well as Perdue, came together to support the Hudsons and formed the ongoing group SaveFarmFamilies.org. The group used some of the money they got from the plaintiffs to pay to produce the documentary.

Lee Richardson, a Shore farmer who heads the group and appears in the movie, told the audience at the Baltimore premiere Tuesday night that the other farmers wouldn’t have supported the Hudsons if they had been doing something wrong. But they weren’t.

Other farmers, Richardson said, are also anxious to work with environmentalists and clean up their acts to avoid the troubles the Hudsons experienced.

Are there problems with disposal of chicken manure and the other polluting byproducts of our appetite for chicken? The solutions have gotten better, but there is a long way to go.

But those solutions don’t run through a federal court in Baltimore, and a lawsuit based on the federal Clean Water Act is a fairly blunt instrument to cure pollution — unless the goal is really to kill the industry in Maryland.

“It’s still a struggle every day,” Hudson says in the movie. “It’s hard to get up and go.”

The family may have won this battle, but one of the key senators defending the Environmental Law Clinic was Brian Frosh, who will likely be the next attorney general. Maryland’s attorney general has major environmental enforcement powers, and Frosh was one of the greenest legislators in Annapolis.

The Eastern Shore farm community is not about to let down its guard. The Hudsons may not be the last attempt to kill the chicken to scare the monkey.

By Len Lazarick

 

Why Brown Could Lose Race for Maryland Governor by Barry Rascovar

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Is Democratic gubernatorial nominee Anthony Brown about to blow a “sure thing” in Maryland?

On the eve of the first governor’s debate, is the lieutenant governor “pulling a Townsend” similar to Kathleen Kennedy Townsend’s implosion in the 2002 governor’s race that gift-wrapped the election for Republican underdog Bob Ehrlich?

To date, the answer is “yes.”

The Brown campaign is badly off-track.

In a cocoon

Its professional staff has hermetically sealed their candidate in a tight cocoon, isolating him from the media and all voters except the most loyal Democratic groups.

They’ve picked the wrong issues to run on. Abortion rights and gun control laws are settled matters in Maryland. Even Republican gubernatorial nominee Larry Hogan Jr. agrees on that.

The pocketbook issues will decide this election — or as advisers to Bill Clinton put it in the 1990s, “It’s the economy, stupid.”

Big mistake

According to Patrick Gonzales’ latest poll, the most pressing matters for voters — by far — are the economy and taxes. These are precisely the themes heavily promoted by Hogan and ignored by Brown.

That’s a huge mistake, a giant failure to understand what’s troubling Marylanders.

Brown hired national campaign specialists when he should have turned to local pros. While abortion and gun control still might be dominant issues in Kansas or Georgia, they aren’t in Maryland. It doesn’t take a genius to figure that out.

Meanwhile, Brown’s handlers have isolated him from the public at large.

Hiding Brown

While Hogan is happy to talk with reporters, Brown runs from them. He’s shielded from the media by his aides.

His handlers even hide Brown from the public in the campaign’s media messages.

And, oh, those dreadful commercials. Harsh. Negative. Hostile. Incendiary. The sky is falling if you vote for Hogan!

It’s a gigantic turn-off for Maryland voters. This is an intelligent electorate. These folks aren’t fooled by misguided campaign propaganda.

Hogan’s message

Larry Hogan isn’t “dangerous” and he isn’t “radical.” He comes across as a likeable, engaging and gregarious fellow with a simple message — let’s get a handle on excessive government spending and then let’s see if we can lower taxes.

Compare that with the Brown campaign’s near-hysterical messages on abortion and gun laws.

During the 2002 campaign, then Lt. Gov. Townsend seemed to get into trouble every time she opened her mouth. Apparently, Brown’s handlers are worried he’d do the same thing if given a chance.

So they’ve sealed him off from the outside world — except for appearances before adoring Democratic crowds where he delivers a stock speech or reads from a prepared text.

With Brown, there’s no sense of humanity, no sense he’s a flesh-and-blood candidate with emotions and feelings. He comes across as stiff, robotic, programmed and unable to think on his feet or engage voters in ad-lib conversations.

Mystery man

With Brown, there’s no innate connection with voters, particularly in the all-important Baltimore region.

Despite serving eight years as lieutenant governor, Brown remains a mystery man to Metro Baltimore residents. He’s the invisible candidate — never seen, never heard from and never known.

Combine that with his lack of a specific program voters can grasp for fixing the state’s economy and averting future tax increases and you can see why Hogan is running close to Brown in the Gonzales poll. (Brown’s government efficiency proposal announced Sunday contains more empty promises: pie-in-the-sky projected savings, sweeping assumptions and few realistic numbers.)

If Brown is going to re-gain the initiative, he needs to do more than take wild, roundhouse swings at Hogan that aren’t coming close to hitting their target.

Brown needs to deliver positive reasons why he’s the best candidate for governor. So far, he’s been a silent campaigner in TV ads, letting others do the talking for him.

That’s not good enough this year.

Deeply Democratic

By all measures, Brown ought to win easily in November. Maryland is a deeply Democratic state.

But if he continues to come across as arrogant, aloof and unwilling to speak directly to ordinary voters and to the media, Anthony Brown could, indeed, “pull a Townsend.”

He might end up handing the governor’s mansion to Hogan.

Audit: Mental Health Administration Failed to Check Patient Eligibility; Personal information Not Secure

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State auditors found that the State Mental Health Administration found that the MHA failed to:

  • Keep documentation showing patients who received over $16 million in mental health services were eligible
  • Assure timely reviews/audits of provider claims and perform regular bank reconciliations
  • Maintain adequate security over computers and sensitive patient data
  • Keep adequate internal control over cash receipts
  • The Mental Health Administration delivers comprehensive care, treatment, and rehabilitation of individuals with mental illnesses, either through a network of hospital facilities operated by MHA or through community service agencies. MHA spent $788 million during fiscal year 2013.

MHA receives funding from multiple federal and state sources and each funding source can have different eligibility rules. Because of this, MHA must keep detailed records about patients so the funding source is correctly matched to each patient service.

Eligibility documentation missing; important statistics not kept

MHA utilizes an Administrative Services Organization (ASO) to review its mental health services. During fiscal 2013, the ASO paid approximately $16.4 million of State funds for “uninsured” patient care, without keeping documentation showing patients were eligible for the mental health services they received.

The documentation is important because it is the basis for determining who ultimately pays for care: the state, federal government or the individual. This finding was repeated from the previous audit.

In addition, the ASO is required to periodically examine selected providers and supporting documents supporting claims to see if the process is adequate. However, the ASO didn’t target its examinations to a particular kind of claims (uninsured coverage.) Therefore, critical statistics to measure performance related to those claims were not kept.

Untimely audits and bank reconciliations

MHA hired an accounting firm to conduct quarterly independent reviews of provider claims and reconcile a bank account owned by the state and then issue reports of its findings. The Office of Legislative Audits found the quarterly reports were chronically late; from one year to 21 months. These reporting delays adversely affected MHA’s monitoring of the ASO’s payment and reconciliation duties.

Inadequate security over sensitive information

The ASO’s computer system contains typical demographic information for MHA’s beneficiaries, including name, social security number, address, and date of birth. The system also keeps sensitive personal health information, including medical diagnosis codes, prescribed medications, and physician assessments of patient risks, impairments, and substance abuse. OLA found:

Several unnecessary and insecure connections were allowed into portions of the ASO’s internal network, thereby placing various network devices at risk.

Ineffective intrusion detection associated with encrypted data transmitted over 61 ASO internal network addresses.

Third-party networks had unnecessary access to almost all destinations on the ASO internal network via all ports.

Personally Identifiable Information (PII) was not protected against unauthorized use and fraud.

Access to PII wasn’t limited based on a need-to-know principle. Thus, users had unnecessary read and modification access to certain critical ASO files containing sensitive PII for Maryland Medicaid enrollees.

Control over cash receipts needs improvement

MHA did not verify that collections received through the mail, which totaled approximately $741,000 during fiscal year 2013, were forwarded to and received by DHMH’s general accounting unit for deposit. Also, collections received at MHA’s Crownsville Hospital Center were not adequately controlled and verified. These collections totaled approximately $251,000 during fiscal year 2013. This finding was repeated from the previous audit.

By Charlie Hayward