Category Archives: Legislature

K through job education

By Steve Brawner
© 2014 by Steve Brawner Communications, Inc.

The elected official in the state Capitol making the biggest impact next year will be Gov.-elect Asa Hutchinson. The second most impactful elected official may be a 74-year-old grandmother with an agenda.

That would be Sen. Jane English, R-North Little Rock.

English spent her career in economic development and will use her chairmanship of the Senate Education Committee to try to change how Arkansas educates and develops its workers. She says the education system is composed of too many disconnected silos – K-12 public schools over here, colleges and universities over there, career education in a third spot, etc. – that don’t always prepare students for the workforce.

“We typically think of education as K through 12, but for me, education is K through job,” she said after selecting the chairmanship.

She wants to reform a system that did not serve the state well enough during her career in economic development. There’s also this motivation: “I have a 17-year-old granddaughter, straight A student, takes AP (Advanced Placement) courses,” she said in an interview Dec. 12. “She’s going to play softball with the Lady Razorbacks. Well, she’s fine with this whole pattern. But then I have a grandson, that may not work for him. I had a grandson, and it didn’t work for him at all. He was not an AP person. He was never going to college, but he has a good career now.”

English is not the first or the only one making this point. Lt. Gov. Win Rockefeller would say the education system is like a string of water pipes laid end to end but not fastened together. Hutchinson talked a lot about workforce development in the gubernatorial campaign. In September, the State Chamber of Commerce hosted a summit highlighting the need for Arkansas’ education system to be more responsive to the job market.

Changes already are occurring, particularly at the local level, to make the system more connected and responsive. Many high schools offer students opportunities to earn significant college credit. Bearden High School students are bussed to Southern Arkansas University Tech each day for academic and career classes. At Maumelle High, students basically select a major and take classes that are tailored to their interests and that prepare them for a job. Colleges and universities are becoming more responsive to workforce needs. The University of Arkansas – Fort Smith, for example, created a robotics program after surveying local industries and discovering a surprising number needed training in that area.

Despite these individual successes, Arkansas needs a more comprehensive overall strategy, a reallocation of resources, and a different mindset. And that’s where English has become a pivotal figure. In February, she switched her vote on the private option – until then, one vote short of passage in the Senate – from no to yes in exchange for a commitment from Gov. Mike Beebe to focus on the issue. As a result, for much of the year she chaired weekly meetings each Monday with various state education and economic development officials. Shane Broadway, director of the Department of Higher Education, says one of his staff members jokingly referred to the meetings as “English class.”

English said the meetings have produced no concrete proposals, though she has some ideas. She said many of the needed changes don’t require legislation.

Whatever the Legislature passes will be the result of collaboration and compromise. English’s main role will be to continue doing what she has already done: serve as a catalyst. Broadway said state agency heads were already discussing the need for changes, but English’s switched vote was the spark. As she explained it, “Sometimes you have to have something wild that starts things in motion and gets people to start talking. Otherwise, you’re just churning around forever and ever.”

The private option, prisons, and other issues will get the most attention this session. But, quietly, significant workforce development changes could occur. The facts are clear, the need is obvious, and the agreement is broad. Too many students aren’t being prepared for actual jobs, while too many jobs are unfilled because workers with the right skills aren’t available.

Now the Senate Education Committee is headed by someone whose top priority is doing something about it. We’ll see if the other legislators speak English’s language.

Should legislators get a raise?

By Steve Brawner
© 2014 by Steve Brawner Communications, Inc.

Let’s start by emphasizing that I was the one who brought up the subject with Rep.-elect Ron McNair, R-Alpena. He did not approach me to complain in print.

The subject is pay for state legislators.

McNair owns an auto shop in Alpena in north Arkansas. He is his only employee. He’s been an unpaid school board member almost 30 years. He narrowly won the Republican primary in May and didn’t face a Democratic opponent, so he’s been driving back and forth to Little Rock at his own expense to get his feet wet before his term actually starts. He will close his shop’s doors at least three months next year while the Legislature is in session. He says he has loyal customers, and he’s worked out arrangements, but that can’t be good for business. He did not know what his legislative salary would be before the election, and he’s still not sure.

That’s because the pay varies member to member. The base pay for House members is $15,869, but legislators also can take advantage of up to $14,000 per year for office expenses they are required to itemize. Some pay themselves rent or pay family members a salary. They also are reimbursed for per diem expenses (lodging and meals) each day they are in Little Rock – $150 per day if they live 50 miles outside the Capitol and $61 if they are closer. They also are reimbursed 56 cents per mile driven. They can be vested in the state’s retirement system if they serve long enough, and they can purchase health insurance like other state employees.

Sounds like a good deal, right? Well, being a legislator is a pretty demanding part-time job involving regular sessions, fiscal sessions, special sessions, interim committee meetings, constituent phone calls and interrupted grocery trips. Many legislators actually do have legitimate office expenses, such as phones. Mileage reimbursements feel like an extra paycheck until you have to replace your worn out tires. Legislators also must stay somewhere when they are in Little Rock. Some pay about $400 a month for rent at the Capitol Hill apartments beside the Capitol.

Sen. Jon Woods, R-Springdale, isn’t sure how much money he makes, either, and he’s been in the Legislature since 2007. During a phone interview, he figured up that his actual take-home pay after expenses is roughly $1,900 a month, but that was kind of a back-of-the-envelope estimate. Being a legislator is his only job; he decided couldn’t serve an employer effectively while also driving back and forth to Little Rock.

Legislators likely are about to get a raise thanks to Amendment 3, passed by voters in November, which included a number of ethics-related provisions. In the past, legislators were responsible for voting for their own pay raises, so they didn’t do it very often. That duty now falls to a citizens commission appointed by legislators, the governor, and the chief justice of the Supreme Court. It will be easier for the commission to raise salaries than it was for the legislators to do so.

Woods, one of Amendment 3’s sponsors, says the current salary structure creates an unnecessary strain on legislators and encourages bad behavior. One behavior, having individual legislators’ meals bought by lobbyists, has been ended by another provision of Amendment 3. Now that legislators are buying their own meals – and they eat out a lot – they’ve effectively received a pay cut.

If legislators were getting rich, there’d be a lot more candidates for office. If they were going broke, they wouldn’t run for re-election. We have in Arkansas a citizen Legislature composed of people who have to pay the bills. It would be best if the salary commission raised base pay while reducing the perks that make it hard to tell who’s making how much. And yeah, legislators should make more money than they do now.

There is the argument that they should be paid nothing, that serving in the Legislature should be just that – a service.

That argument makes sense if all we want in the Legislature are the independently wealthy, the retired, and the dishonest. Which would mean no more laws would be passed by people who own small businesses and fix cars for a living.

Prisons are full. Now what?

By Steve Brawner
© 2014 by Steve Brawner Communications, Inc.

When critical needs aren’t being met, solutions come as a result of two activities: making hard choices and thinking creatively. With prisons, Arkansas has reached the point where it needs to do both.

The state’s prison system is now so full that about 2,500 state convicts are being housed at county jails that were never built for that purpose. The state reimburses counties $28 a day per inmate, the same rate as in 2001, despite counties’ average cost rising to $49 a day. Adding insult to injury, the state doesn’t reimburse counties until the inmate is discharged from jail or moved to the penitentiary. As a result of all this, counties are owed $7.7 million.

County governments, needless to say, are not happy about this. Testifying before four legislative committees Tuesday, Jackson County Sheriff David Lucas, president of the Arkansas Sheriffs Association, said his jail is so full that he’s had to obtain a court order ensuring only violent offenders are locked up. Because of this, nonviolent offenders are no longer paying their fines, and why should they? They know there’s no room in the jail. County voters have approved a tax increase to enlarge the facility, but construction has not begun.

Aware that this can’t continue, the Department of Correction is requesting a new 1,000-bed prison costing in the neighborhood of $100 million. That’s about the same size as the income tax decrease Gov.-elect Asa Hutchinson pledged to enact during the campaign.

Sounds like it’s time for some of those hard choices mentioned in the first paragraph, doesn’t it? Should Arkansas build the prison and forego the tax cut? Should it do both, and cut somewhere else?

Another option – both a hard choice and the result of creative thinking – is to stop sending so many people to prison. Maybe there are better options for offenders who aren’t really threats to society. If the state stopped sending some of these struggling but save-able people to several years of “criminal school” in prison, maybe they wouldn’t become hardened criminals.

Here’s another case of creative thinking. Officials with LaSalle Corrections, a private prison provider based in Louisiana, told legislators Tuesday that they have room right now for 1,000 inmates near the Arkansas border. The cost would be about $28 a day – about what the state is paying as it underfunds counties. They can take them as fast as we can get them there.

It was a compelling case. The state Board of Corrections voted the next day to check into something like that.

Here’s the thing about using the private sector to perform traditional government operations: The private sector really is more efficient in many areas, but it tends to focus on picking low-hanging fruit and leaving the harder cases to the government. LaSalle Corrections does have medical staff at its facilities, but the $28 doesn’t cover big medical costs such as expensive drugs – and some inmates’ needs can be very expensive.

There’s also a philosophical question about the incentives created when imprisoning people becomes a commodity. What happens when corporations backed by lobbyists make more money by imprisoning more people as cheaply as possible? You might get more prisoners than you ought to have, and their needs might not be met – and yes, prisoners have needs. The officials with LaSalle seemed admirably sincere in their desire to help their inmates create better lives, but the state a few years ago tried using a private prison provider – Wackenhut Corrections Corp. – and it did not go well.

Is it worth a second try? It may have to be. Private prisons may be one necessary creative solution. But, as is usually the case when critical needs aren’t being met, hard choices still will have to be made.

Term limits probably will work out

By Steve Brawner
© 2014 by Steve Brawner Communications, Inc.

For term limits supporters unhappy about what happened in November, it probably will work out for the best in the long run. Some reforms occurred that likely wouldn’t have happened otherwise, and voters probably will get a chance at a do-over in 2016.

Amendment 3 was a 22-page resolution with many provisions that was shrunk to a single paragraph for the ballot. It prohibits state candidates from accepting campaign contributions from corporations and unions. It prohibits legislators and constitutional officers from accepting gifts from lobbyists, which has already significantly changed the culture at the Capitol. It also increases from one year to two the amount of time that legislators must wait to register as a lobbyist after they leave office – the goal being to reduce the incentive for them to pass laws that would get them hired and help their future employers.

It also created a citizens commission to set salaries for legislators, constitutional officers and judges. In the past, legislators have set their own salaries, a conflict of interest that ironically has kept salaries low because of the awkwardness of it all. Commission members have been appointed by the governor, the leaders of the House and Senate, and the Supreme Court’s chief justice. In other words, they’ve appointed their own salary deciders. The result is that pay hikes probably are coming.

Finally, the amendment extends term limits from the current six years in the House and eight years in the Senate to 16 years total.

Actually, they could serve longer than that. Pages 16 and 17 of the resolution state that partial terms don’t count and that members who reach their 16th year in the middle of their term can finish it out.

The language voters saw on the ballot said the measure was “establishing” term limits. Polled shortly before the election by Talk Business and Hendrix College, 62 percent of respondents said they opposed the measure, while only 23 percent supported it. However, unlike the ballot title, the poll question spelled out that the measure would “extend term limits … to 16 years.”

Term limits supporters fought Amendment 3 before the election and will soon open up a new front. Bob Porto, co-chair of Arkansas Term Limits, said in an interview that organizers will meet to determine next steps, including what the 2016 proposal will look like. A ballot initiative will be created, and signatures will be gathered. Two years from now, voters should have the chance to vote on a simple term limits measure.
Nick Tomboulides, executive director of U.S. Term Limits, which spent $400,000 in ads opposing the measure, said it’s too early to know how big of an investment his group will make in 2016, but it will support the effort.

Unless there’s a problem with the ballot title – or unless a judge decides there’s a problem – that effort will pass, and Arkansas probably will return to having some of the strictest term limits laws in the nation. In the end, it probably will work out.

Amendment 3’s sponsors say the amendment included the term limits provision as part of a compromise. It was needed to gain enough legislative support to get the ethics provisions on the ballot. Many legislators believe that six years in the House just isn’t long enough.

I’m not one who says all elected officials are crooks. At the State Capitol, most legislators seem to act mostly ethically most of the time, which is about like most of us.

But a bit of a fast one was pulled this time, and it shouldn’t have happened. Legislators should not have folded all of these provisions into one ballot initiative and should have been clearer about what “establishing” term limits meant. The attorney general should have disapproved the ballot title. The amendment shouldn’t have survived a court challenge. Voters should have been aware of its provisions – unless, of course, they actually were.

And I should have written about it before the election, not afterwards. Sorry about that.

Is Arkansas a one-party state again?

By Steve Brawner
© 2014 by Steve Brawner Communications, Inc.

On Oct. 12, 1960, Winthrop Rockefeller hosted a “Party for Two Parties” at his Winrock Farms estate on Petit Jean Mountain. About 850 guests each paid $50 to dine on his Santa Gertrudis beef and be entertained by celebrities.

Rockefeller had made improving his impoverished state his life’s mission since moving here in 1953. Part of that mission involved creating a two-party system, which was a big task. That year, the Republican Party fielded only seven candidates for local offices throughout the entire state.

It took 50 years for Rockefeller’s dream to fully come true. After the 2010 elections, Republicans held four of the state’s six congressional seats, the governor was a Democrat, and the Legislature was about evenly split with 75 Democrats and 59 Republicans.

But that competitive two-party system may have lasted only four years. At least at the state level, Arkansas seems headed to one-party dominance again – this time, under the Republicans.

“I hope not,” said Doyle Webb, Republican Party of Arkansas chairman, when asked if that was the case the morning after his party’s historic Election Day victory. “The Republican Party has worked for years to have a two-party state. I think that the challenge of a Democrat Party and its ideas are important to the Republican Party, and I think that two parties in the marketplace of ideas, opposing ideas where the public can hear those ideas, is valuable for Arkansas.”

To be sure, Republicans will never control Arkansas like Democrats controlled Arkansas. Before Tuesday, 59 of the state’s 75 county judges were Democrats. After Tuesday, 54 still are. There will be areas of the state that will remain Democratic, just as Northwest Arkansas was the state’s lone Republican stronghold for decades.

Still, it’s hard to overstate how convincing the GOP’s win was on Tuesday. Republicans now control every congressional office and every statewide office. As late as 2009, the state Legislature was composed of 98 Democrats and 36 Republicans. Now when legislators meet in January, 88 will be Republicans and 47 will be Democrats. Ten incumbent Democratic state legislators lost, as did, of course, Sen. Mark Pryor. No Democrat running statewide won more than 43.2 percent of the vote.

In fact, the Republicans may have won more than they wanted to win. It’s one thing to control slim majorities in the Legislature with a Democratic governor, as was the case before Tuesday. With such overwhelming numbers, Republicans will be fully accountable for whatever happens in state government. It’s all on them.

Moreover, it’s much harder to maintain party discipline when the opposition no longer represents a threat. Instead of one party or two, the state in effect will have several – Democrats, and then various factions of Republicans who work with each other or with Democrats depending on the issue.

The election will have far-reaching effects beyond all this insider politics. For example, the private option is in trouble. Barely passed by the Legislature in 2013 and barely reauthorized this year, the program uses Obamacare dollars to buy private health insurance for lower-income Arkansans. Republicans have been split, but Democrats have been united in support. Now the numbers are not in its favor. It will continue only if Gov.-elect Asa Hutchinson leans on his party’s legislators, which he might do if he decides he needs the program. If it goes away, 200,000 people must find health insurance somewhere else. Good or bad, that’s a big deal.

Will Rockefeller, the grandson of Gov. Winthrop Rockefeller and the son of Lt. Gov. Win Rockefeller, attended the GOP’s victory party Tuesday night. It was a very different kind of gathering than what his grandfather had hosted in 1960. The “Party for Two Parties” had been an introduction. This was a celebration.

One of the heirs to the family fortune is also inheriting a new political legacy. In 1960, his grandfather’s party could muster only seven candidates for local offices. Today’s it’s not only the majority, but it’s the state’s dominant political force, and likely will be for years to come.