Dear Friends,
I am a member of the Joint Legislative Oversight Committee on Justice and Public Safety. This week, we heard a report on a new judicial department program to help those who receive a traffic ticket avoid a court appearance (and lawyer’s fee) by paying the fine and court costs by credit card. Between March and December 2011, 167,473 total citation payments were made by credit card—330 per day. This saved not only the public, but 7,600 of courthouse staff hours.
In addition, in three pilot counties, court papers can be filed electronically and court notices and information can be retrieved online 24 hours a day.
While this seems logical and efficient, there are a couple of bumps in the way. First, while the fine and court costs are fixed, credit card companies charge a fee that can’t be taken out of the fine and court costs. So either the state has to eat the fees through an appropriation—which add up to a large amount—or the credit card companies have to allow a transaction surcharge. MasterCard and American Express allow the state a government discount, but VISA will not. (Now only the Revenue Department will take payment by VISA card.) The state also has not installed the machines in the court house for direct credit card payment at the site. The legislature could investigate that at a later time.
But a bigger concern is that under the present system a person can go to court and get a deferred prosecution if they attend driving school. But when a fine and court costs are paid by credit card, that opportunity is not available. In addition, the infraction is on the person’s record for insurance purposes. And under our appropriations system, those monies collected do not go to the courts to offset the costs to the court system but to the general fund.
Another report was presented to the committee by Legal Aid of North Carolina and the two independent legal service offices. The average person served by these entities has an annual income of $12,000 (contrast that with the 1 percent who may make $12,000 an hour.) Legal Aid clients are working families, children, the elderly, and 75 percent are women. In addition to attorneys, paralegals and support staff, thousands of lawyers throughout the state provide pro bono work for clients, including several legislator-lawyers. Legal Aid provides free legal services for low-income people facing the loss of a home, family livelihood and personal safely. They do not handle personal injury, medical malpractice or criminal matters. Legal Aid has suffered big cuts in the last few budgets, even as the need has increased during the recession.
Two years ago, a bill was introduced to regulate and curtail the offenses of puppy mills. The bill passed the Senate but did not pass the House because special interest groups lobbied to kill the bill, e.g. the Pork Council was concerned because such humane treatment requirements might be applied to their industry. Last week a bull dog puppy mill was discovered and hundreds of dogs in terrible condition were rescued from deplorable surroundings. These businesses go on throughout the state, as are revealed by news items. Time to pass the bill.
I also attended the circus with my granddaughter and was upset to see magnificent tigers, elephants and horses forced to perform tricks such as standing and walking on their hind legs and laying down in formations on command. Some years ago, Orange County banned circuses with animals, and, after seeing these animals forced to perform unnatural activities, foreign from their natural habitat, I understand why.
I have written in the past about Person Industries that serves the disabled. PI operates the recycling for Person County, employing many Person Industries people and helping the environment. PI has now have added another environmental measure: LED lighting and motion sensors to activate lights in rooms used infrequently. They are indeed leaders in the community.
On Feb. 20 at 11 a.m., a Town Hall Meeting will be held in the Legislative auditorium, titled “Bring Our War Dollars Home/Restore Our Communities." It will connect the huge amount spent (more than $1 trillion for Iraq and Afghanistan) on wars while our schools, mental health and other needs are not being met at home. Congressmen Walter Jones, David Price and Brad Miller will speak along with Matthew Hoh, the State Department officer to Afghanistan and former Marine who resigned in protest over our policy in Afghanistan. The public is invited.
An interesting observation from Rapper Ja Rule, serving time in prison, commenting on his fellow inmates, former N. Y. State Comptroller and Tyco International CEO, “Outside, you don’t meet guys like this every day.”
Ellie
See what ended up on The News of Orange County's cutting room floor.
Showing posts with label Kinnaird. Show all posts
Showing posts with label Kinnaird. Show all posts
Friday, February 17, 2012
Friday, February 10, 2012
Column: Greetings from Ellie Kinnaird
Dear Friends,
We have lost a great leader in Joe Hackney, who has announced he will not run again for the North Carolina House of Representatives. Joe has been a great environmentalist, cleaning up our water and air and preserving open space. Joe has steered a course of helping all North Carolinians; he’s been a stalwart for our great universities and education system and a strong and steady leader, both for me personally in the legislature and for our state.
As Speaker, he restored integrity and respect to the legislature at a crucial time. Joe was responsible for major changes in ethics regulations, which set the standards for those carrying out the legislature’s business. Joe achieved prominence as president of the National Conference of State Legislatures, earning the admiration of legislators across the United States. Joe has been an extraordinary advocate for the people of North Carolina. He will be missed like no other as he leaves the legislature.
I attended two important activities last week that are supported by our state. At an Orange County forum, the Division of Juvenile Justice and Delinquency Prevention presented successes in reducing the number of our youth in detention centers from 975 in 2000 to 296 today. Serving children in the community with wrap-around services involving parents, schools, mental health and court counselors means only the most violent and difficult children who present a public safety hazard are incarcerated. Juvenile Crime Prevention Councils that determine the best use of state money to help youth within the community are comprised of local people who are most familiar with resources within the community. Mentoring, tutoring, after-school programs, arts and even Karate are available for these troubled youth to make a positive change in their lives.
The face that 40 percent of children involved in the Juvenile Justice system have serious mental health problems is astounding. We know that detention does not change behavior and often leads to a life of criminal activity, whereas treating children in the community means they are much less likely to become involved in the criminal justice system again. One of the areas of great concern is the disproportionate number of minority youth who become involved with the system. Efforts are being made to find the causes and effective remedies. Recidivism drives the growth in the prison population. If we can prevent troubled youth from continuing criminal activity, then that will make a difference in our prison growth in the future.
I am sad to lose a colleague in the Juvenile Justice area who has worked so hard to benefit our children. Rep. Alice Bordsen has decided against running for reelection in Alamance County. Alice has helped steer the juvenile justice into a therapeutic model in youth development centers and promoted community services. She is leading the legislation to change the age from 16 to 18 when children are charged as adults in the criminal justice system. She and I are also exploring—along with church groups—restorative justice, a model for healing victims and showing offenders the harm they have done to others, including their families.
The second event was the opening of the Carolina Institute for Developmental Disabilities and the Angelman Syndrome Foundation. A breakthrough on research on this syndrome came about from the work of the CIDD. In addition to research, a clinic will provide services for the children with Angelman and their families. We are fortunate to have such talented and dedicated people in our area.
Paul Wellstone’s advice fits today’s political turmoil well: “There are three critical ingredients to democratic renewal and progressive change in America: good public policy, grassroots organizing and electoral politics.” We must all contribute to move us forward during difficult times. Ellie
We have lost a great leader in Joe Hackney, who has announced he will not run again for the North Carolina House of Representatives. Joe has been a great environmentalist, cleaning up our water and air and preserving open space. Joe has steered a course of helping all North Carolinians; he’s been a stalwart for our great universities and education system and a strong and steady leader, both for me personally in the legislature and for our state.
As Speaker, he restored integrity and respect to the legislature at a crucial time. Joe was responsible for major changes in ethics regulations, which set the standards for those carrying out the legislature’s business. Joe achieved prominence as president of the National Conference of State Legislatures, earning the admiration of legislators across the United States. Joe has been an extraordinary advocate for the people of North Carolina. He will be missed like no other as he leaves the legislature.
I attended two important activities last week that are supported by our state. At an Orange County forum, the Division of Juvenile Justice and Delinquency Prevention presented successes in reducing the number of our youth in detention centers from 975 in 2000 to 296 today. Serving children in the community with wrap-around services involving parents, schools, mental health and court counselors means only the most violent and difficult children who present a public safety hazard are incarcerated. Juvenile Crime Prevention Councils that determine the best use of state money to help youth within the community are comprised of local people who are most familiar with resources within the community. Mentoring, tutoring, after-school programs, arts and even Karate are available for these troubled youth to make a positive change in their lives.
The face that 40 percent of children involved in the Juvenile Justice system have serious mental health problems is astounding. We know that detention does not change behavior and often leads to a life of criminal activity, whereas treating children in the community means they are much less likely to become involved in the criminal justice system again. One of the areas of great concern is the disproportionate number of minority youth who become involved with the system. Efforts are being made to find the causes and effective remedies. Recidivism drives the growth in the prison population. If we can prevent troubled youth from continuing criminal activity, then that will make a difference in our prison growth in the future.
I am sad to lose a colleague in the Juvenile Justice area who has worked so hard to benefit our children. Rep. Alice Bordsen has decided against running for reelection in Alamance County. Alice has helped steer the juvenile justice into a therapeutic model in youth development centers and promoted community services. She is leading the legislation to change the age from 16 to 18 when children are charged as adults in the criminal justice system. She and I are also exploring—along with church groups—restorative justice, a model for healing victims and showing offenders the harm they have done to others, including their families.
The second event was the opening of the Carolina Institute for Developmental Disabilities and the Angelman Syndrome Foundation. A breakthrough on research on this syndrome came about from the work of the CIDD. In addition to research, a clinic will provide services for the children with Angelman and their families. We are fortunate to have such talented and dedicated people in our area.
Paul Wellstone’s advice fits today’s political turmoil well: “There are three critical ingredients to democratic renewal and progressive change in America: good public policy, grassroots organizing and electoral politics.” We must all contribute to move us forward during difficult times. Ellie
Thursday, February 9, 2012
Column: Greetings from Ellie Kinnaird
Dear Friends,
We were all surprised when Gov. Bev Perdue decided not to file for re-election. Gov. Perdue has been a courageous fighter for education, the environment and the rights of all people in our state. Her vetoes and work for an adequate budget for all levels of education made a difference in the lives of all in North Carolina.
As the rising cost of energy, continued reliance on fossil fuels and the possible merger of the two investor-owned utilities gains attention, I want to feature our electric cooperatives. Orange County is the home of Piedmont EMC (Electric Cooperative) that is celebrating its 75th Anniversary next year as a Cooperative. If you go to http://gocoop.com/gocoop-news/united-nations-declares-2012-year-co-operatives you can find out about the "year of the Cooperative" and the many cooperatives in North Carolina and in the U.S.
Electric cooperatives were begun to extend electricity to rural areas in the 1930's when the big companies would not lay lines where there wasn’t enough density to pay for the cost. The same problem exists now with the extension of Broadband where the big players will not lay lines because there are not enough homes to make it cost effective. Several towns decided on their own to set up broadband companies to serve their customers. But the Republican leadership saw this as competition for for-profit companies and prohibited any more cities from extending broadband to their service area. They allowed those communities that had already issued bonds to continue, but no more cities can get into the broadband business.
Last week I attended the Chapel Hill-Carrboro Chamber of Commerce Annual Meeting. The chamber has grown to more than 1,000 members. They have special awards, one of which was for sustainable growth. It was won by Strata Solar, which has grown to a business that not only sells solar products but installs throughout the state.
Tourism continues to be an economic engine for Orange County. Hotel use was up 12.2 percent in December over 2010. Our hotels and restaurants benefit when sports events bring thousands to our towns, and Hillsborough benefits from its nurturing and preservation of its historic past.
Last session, the legislature allowed greatly expanded clear cutting of trees around billboards. The billboard industry had been working for years to increase the clear-cut areas but had been unable to get their bills passed (except a bill that would have banned billboards on Interstate 40 from Chapel Hill to Wilmington).
Those of us who opposed the bill tried to get a requirement in the bill that the billboard companies must replant with small trees such as dogwoods and crepe myrtles in clear-cut areas. But this week, when the Rules Review Commission looked at the rules for requiring replanting in clear-cut areas, they decided the bill did not give authority to require the companies to replant. Therefore, any replanting the billboard companies do will be only voluntary. We have such a beautiful state, and to mar it by clear cutting around billboards is bad for tourism as well as our own enjoyment as we travel throughout the state.
Occupy and the 99% movement seems to have affected the Republican primaries. Regardless of the motives, the fact that the Republicans are discussing this topic shows that grassroots action can have an impact.
“If people don’t say what they think, I don’t see how you expect the democratic system of government to work at all.”—Harry Truman
Ellie Kinnaird
We were all surprised when Gov. Bev Perdue decided not to file for re-election. Gov. Perdue has been a courageous fighter for education, the environment and the rights of all people in our state. Her vetoes and work for an adequate budget for all levels of education made a difference in the lives of all in North Carolina.
As the rising cost of energy, continued reliance on fossil fuels and the possible merger of the two investor-owned utilities gains attention, I want to feature our electric cooperatives. Orange County is the home of Piedmont EMC (Electric Cooperative) that is celebrating its 75th Anniversary next year as a Cooperative. If you go to http://gocoop.com/gocoop-news/united-nations-declares-2012-year-co-operatives you can find out about the "year of the Cooperative" and the many cooperatives in North Carolina and in the U.S.
Electric cooperatives were begun to extend electricity to rural areas in the 1930's when the big companies would not lay lines where there wasn’t enough density to pay for the cost. The same problem exists now with the extension of Broadband where the big players will not lay lines because there are not enough homes to make it cost effective. Several towns decided on their own to set up broadband companies to serve their customers. But the Republican leadership saw this as competition for for-profit companies and prohibited any more cities from extending broadband to their service area. They allowed those communities that had already issued bonds to continue, but no more cities can get into the broadband business.
Last week I attended the Chapel Hill-Carrboro Chamber of Commerce Annual Meeting. The chamber has grown to more than 1,000 members. They have special awards, one of which was for sustainable growth. It was won by Strata Solar, which has grown to a business that not only sells solar products but installs throughout the state.
Tourism continues to be an economic engine for Orange County. Hotel use was up 12.2 percent in December over 2010. Our hotels and restaurants benefit when sports events bring thousands to our towns, and Hillsborough benefits from its nurturing and preservation of its historic past.
Last session, the legislature allowed greatly expanded clear cutting of trees around billboards. The billboard industry had been working for years to increase the clear-cut areas but had been unable to get their bills passed (except a bill that would have banned billboards on Interstate 40 from Chapel Hill to Wilmington).
Those of us who opposed the bill tried to get a requirement in the bill that the billboard companies must replant with small trees such as dogwoods and crepe myrtles in clear-cut areas. But this week, when the Rules Review Commission looked at the rules for requiring replanting in clear-cut areas, they decided the bill did not give authority to require the companies to replant. Therefore, any replanting the billboard companies do will be only voluntary. We have such a beautiful state, and to mar it by clear cutting around billboards is bad for tourism as well as our own enjoyment as we travel throughout the state.
Occupy and the 99% movement seems to have affected the Republican primaries. Regardless of the motives, the fact that the Republicans are discussing this topic shows that grassroots action can have an impact.
“If people don’t say what they think, I don’t see how you expect the democratic system of government to work at all.”—Harry Truman
Ellie Kinnaird
Friday, January 20, 2012
Column: Greeting from Sen. Kinnaird
Dear Friends,
Last week I attended a news conference of the coalition of Partners Against Human Trafficking on the National Day of Human Trafficking Awareness. The campaign runs through Feb. 1, the date the 13th Amendment ending slavery was passed. Information may be found by writing to pathnc@mindspring.com. In addition to bringing to the public’s attention the devastating human trafficking business, they recognized people who have worked to stop this unspeakable activity. The recognition included a young Asheville high school girl who is raising money for a shelter for trafficked teens, the Salvation Army and local groups throughout the state that are providing shelter for rescued victims. Legal Aid provides legal help to keep the victims from being deported back to the country that trafficked them to the U.S.
Human trafficking is the largest criminal enterprise after drug trafficking. In fact, many of the major drug traffickers also deal in human trafficking. This horrific activity that occurs throughout the world, including the United States, preys on young girls and some boys who are then subjected to rape and sexual abuse. North Carolina has both sex and labor trafficking, where Interstate 95/40 is a major route. The press conference emphasized that this is modern-day slavery. Part of the awareness campaign is to stop the buying of the victims, asking, “who is the buyer?”
I was the author of both the criminal statutes on trafficking and services to provide shelter, sustenance and legal protection to victims.
I serve on the Joint Legislative Oversight Commission on Crime Control and Public Safety. One of the recurring questions is how to measure workload to determine pay for our court personnel: clerks, judges, district attorneys, etc. Studies on those groups have been done in the past, and this year the Judicial Department Workload Formulas were brought before the committee by the Administrative Office of the Courts to determine Superior Court workload to pay. The report, requested by the General Assembly, looked at workload indicators from the past and a 2007 collaboration with the National Center for State Courts. To determine a formula that is data driven, the report focuses on the most common work performed.
The questions are whether some counties and districts have more judges than they need while others are severely shorthanded. (Of course, this will stop the practice of legislators getting extra judges for their district to satisfy constituents.) Judges will be asked to keep track of their tasks and the time spent on each task for a month. In addition, there is a weighting system as not all cases use the same amount of time to complete. The cases range from traffic, to DWI all the way to sex crimes and first-degree murder. They have assigned the time in minutes, e.g. traffic cases at four to six minutes all the way to 10,172 minutes for first-degree murder.
Using this formula, the budget should have (but didn’t) included the addition of 354 assistant and deputy clerks, 69 additional district court judges, 100 district attorneys and 47.5 victim witness/legal assistants. This study of our court system shows the legislature takes the use of tax-payer money into consideration on a continuing basis.
I am relieved we have left Iraq and now hope we will leave Afghanistan as soon as possible (though not 2014.) The shocking allegations against four Marines that emerged this last week remind me of Rep. Barbara Lee’s (D- CA) statement explaining her vote against the Afghanistan war, “Let us not become the evil that we deplore."
A general, while in no way condoning the acts of the Marines, pointed out that it is a difficult situation when young men are taught to kill, to keep parameters on war-time actions. On this weekend honoring Martin Luther King Jr., we remember that the Rev. King was excoriated for opposing the Vietnam War, but, as the case with so much of his vision, he was proved right. His words inspire us today. “A nation that continues year after year to spend more on military defense than on social uplift is approaching spiritual death.”
Let us affirm our beliefs in spiritual uplift.
Ellie
Last week I attended a news conference of the coalition of Partners Against Human Trafficking on the National Day of Human Trafficking Awareness. The campaign runs through Feb. 1, the date the 13th Amendment ending slavery was passed. Information may be found by writing to pathnc@mindspring.com. In addition to bringing to the public’s attention the devastating human trafficking business, they recognized people who have worked to stop this unspeakable activity. The recognition included a young Asheville high school girl who is raising money for a shelter for trafficked teens, the Salvation Army and local groups throughout the state that are providing shelter for rescued victims. Legal Aid provides legal help to keep the victims from being deported back to the country that trafficked them to the U.S.
Human trafficking is the largest criminal enterprise after drug trafficking. In fact, many of the major drug traffickers also deal in human trafficking. This horrific activity that occurs throughout the world, including the United States, preys on young girls and some boys who are then subjected to rape and sexual abuse. North Carolina has both sex and labor trafficking, where Interstate 95/40 is a major route. The press conference emphasized that this is modern-day slavery. Part of the awareness campaign is to stop the buying of the victims, asking, “who is the buyer?”
I was the author of both the criminal statutes on trafficking and services to provide shelter, sustenance and legal protection to victims.
I serve on the Joint Legislative Oversight Commission on Crime Control and Public Safety. One of the recurring questions is how to measure workload to determine pay for our court personnel: clerks, judges, district attorneys, etc. Studies on those groups have been done in the past, and this year the Judicial Department Workload Formulas were brought before the committee by the Administrative Office of the Courts to determine Superior Court workload to pay. The report, requested by the General Assembly, looked at workload indicators from the past and a 2007 collaboration with the National Center for State Courts. To determine a formula that is data driven, the report focuses on the most common work performed.
The questions are whether some counties and districts have more judges than they need while others are severely shorthanded. (Of course, this will stop the practice of legislators getting extra judges for their district to satisfy constituents.) Judges will be asked to keep track of their tasks and the time spent on each task for a month. In addition, there is a weighting system as not all cases use the same amount of time to complete. The cases range from traffic, to DWI all the way to sex crimes and first-degree murder. They have assigned the time in minutes, e.g. traffic cases at four to six minutes all the way to 10,172 minutes for first-degree murder.
Using this formula, the budget should have (but didn’t) included the addition of 354 assistant and deputy clerks, 69 additional district court judges, 100 district attorneys and 47.5 victim witness/legal assistants. This study of our court system shows the legislature takes the use of tax-payer money into consideration on a continuing basis.
I am relieved we have left Iraq and now hope we will leave Afghanistan as soon as possible (though not 2014.) The shocking allegations against four Marines that emerged this last week remind me of Rep. Barbara Lee’s (D- CA) statement explaining her vote against the Afghanistan war, “Let us not become the evil that we deplore."
A general, while in no way condoning the acts of the Marines, pointed out that it is a difficult situation when young men are taught to kill, to keep parameters on war-time actions. On this weekend honoring Martin Luther King Jr., we remember that the Rev. King was excoriated for opposing the Vietnam War, but, as the case with so much of his vision, he was proved right. His words inspire us today. “A nation that continues year after year to spend more on military defense than on social uplift is approaching spiritual death.”
Let us affirm our beliefs in spiritual uplift.
Ellie
Thursday, January 12, 2012
Column: Ellie Kinnaird's greeting from Raleigh
Dear Friends,
In a bizarre session called for this purpose and that kept the House in until after 1 a.m., the legislature did not override the governor’s veto of the Racial Justice Act for which the special session was called. The Senate, where Republicans hold 31 seats to the Democrats' 19, easily overrode the veto.
The debate in the Senate reiterated the reasons for the original bill: I spoke about the several conclusive studies showing that race is definitely a factor in the imposition of the death penalty. Law Professor Boger and Political Science Professor Uno researched a comprehensive study of the death penalty as administered in North Carolina. They hired recent law graduates to go into every court house in the state and review every death penalty. The study found that there were three situations in which a person was given the death penalty over others not given the penalty: rural areas (that is understandable because in a small community everyone knows everyone and the emotions run high), poverty (rich people don’t end up on death row) and the race of the victim (white) and the perpetrator (black). The numbers were significant.
Two other studies have shown the same thing. The Michigan study done just last year shows that a black person is 2.5 time more likely to get the death penalty in cases where the jury had either no black people on it or only one. It sadly is about race even though we wish it weren’t.
But the House Republicans did not have the votes so instead decided to vote on overriding the veto of the bill that prohibited teachers from an automatic withdrawal of their dues to North Carolina Association of Educators. Many other groups ranging from United Way to state employees will still be allowed to participate in automatic payroll deductions. So for the legislature to disallow teachers the same privilege looks suspect since teachers vigorously objected to the cuts in education in this years’ budget. The bill affects not only the North Carolina Association of Educators, the state organization, but many other local teachers’ and teachers’ assistants’ associations throughout the state.
One of the Legislative Commissions is the Child Fatality Tax Force, which this year produced a recommendation that was passed into law requiring teens getting a learners’ driver’s license to log in 60 hours spread over six weeks driving in the car with an adult and record it in a journal. To get to the provisional level, students have to log 12 more hours but without requiring an adult in the car. The proponents feel this will cut down on teens’ reckless driving that leads to many serious accidents. This may help accountability and teach responsibility, and I voted for the bill, but I think many parents may find this difficult to fulfill.
The Public School Forum studies issues that affect our public school system. They have studied 10 foreign systems so far and just reported on their trip to Finland, which has one of the highest educational achievement records in the world. While Finland is more homogenous than the U.S., it has a large Swedish population with distinctly different cultural and linguistic traditions than the Finns. They also have Russians, Somali and Vietnamese immigrants and now even more diversity from the opening of borders from the EU. Finland is also a nation of diverse and well-balanced economic development. Their school achievement arises from several fronts. High pay and Masters Degree training for all teachers (even elementary) who are well-respected. Teachers work fewer hours to prevent burn-out and do not have all the burdensome paperwork we require. School systems are equal in rural and urban areas. Finland attracts the best and brightest into teaching and limits the number of teaching schools to those with high standards and that use research extensively. The teachers come from the top 20 percent of high school graduates.
All students are expected to do well, but testing is only for diagnostic purposes, and schools and teachers are not graded on test results nor are they published.
Prevention is the guiding philosophy. Finland focuses on special education and special assistance to students needing help, from eyesight to language impairment. Early education begins at 8 months of age, continuing through age 5. It is run by the health ministry and focuses not on education but on overall well-being, with staffing of one full-time teacher and two full-time nurses for each 12 students through age 3, and from 3 through 5, one teacher and two nurses for 20 students. At age six, children begin pre-school but don’t start formal training but instead focus on socializing. When they start formal school at age 7, children begin language acquisition and other subjects.
Finland also has a diversified and balanced economic system and is ranked as one of the most competitive. 76 percent of health care is provided by the government. Finland is rated No. 4 on child well-being and No. 1 in low rates of child still birth and best place for women to live (Finland granted women the vote in 1906.) The pension system provides 60 percent of the average of a retiree’s last four years of income in the private sector, 66 percent for public sector.
Occupy Chapel Hill has decided to shut down, at least for a time. I greatly commend those who started the movement, and we must keep their message alive. It expresses what so many are feeling and the desire and need to bring real change to our country.
However, it is not surprising that it would end and may eventually end throughout the country. To start with, the streets are already home to a group of people: the homeless, some of whom are mentally ill and prefer the streets, some who can’t give up alcohol and won’t adhere to the homeless shelter rules, some drug abusers and some criminals. When Occupy moved into their territory with tents, and food and medical supplies and chairs and other comforts of home, that was ready-made for the street crowd. Unfortunately the two didn’t mix very well.
Beyond that, while the message is so important, only talking without action is unsustainable. The difference between the civil rights movement, divestment of apartheid, ending the Vietnam War and even the Tea party is that concrete changes took place through either working in the system to get people elected or civil disobedience on a grand scale with the goal of changing discriminating laws or stopping the war.
Where does Occupy go? That remains to be seen, but I know their general assembly is still meeting and planning. Maybe we’ll see a new and effective direction emerge.
Ellie
In a bizarre session called for this purpose and that kept the House in until after 1 a.m., the legislature did not override the governor’s veto of the Racial Justice Act for which the special session was called. The Senate, where Republicans hold 31 seats to the Democrats' 19, easily overrode the veto.
The debate in the Senate reiterated the reasons for the original bill: I spoke about the several conclusive studies showing that race is definitely a factor in the imposition of the death penalty. Law Professor Boger and Political Science Professor Uno researched a comprehensive study of the death penalty as administered in North Carolina. They hired recent law graduates to go into every court house in the state and review every death penalty. The study found that there were three situations in which a person was given the death penalty over others not given the penalty: rural areas (that is understandable because in a small community everyone knows everyone and the emotions run high), poverty (rich people don’t end up on death row) and the race of the victim (white) and the perpetrator (black). The numbers were significant.
Two other studies have shown the same thing. The Michigan study done just last year shows that a black person is 2.5 time more likely to get the death penalty in cases where the jury had either no black people on it or only one. It sadly is about race even though we wish it weren’t.
But the House Republicans did not have the votes so instead decided to vote on overriding the veto of the bill that prohibited teachers from an automatic withdrawal of their dues to North Carolina Association of Educators. Many other groups ranging from United Way to state employees will still be allowed to participate in automatic payroll deductions. So for the legislature to disallow teachers the same privilege looks suspect since teachers vigorously objected to the cuts in education in this years’ budget. The bill affects not only the North Carolina Association of Educators, the state organization, but many other local teachers’ and teachers’ assistants’ associations throughout the state.
One of the Legislative Commissions is the Child Fatality Tax Force, which this year produced a recommendation that was passed into law requiring teens getting a learners’ driver’s license to log in 60 hours spread over six weeks driving in the car with an adult and record it in a journal. To get to the provisional level, students have to log 12 more hours but without requiring an adult in the car. The proponents feel this will cut down on teens’ reckless driving that leads to many serious accidents. This may help accountability and teach responsibility, and I voted for the bill, but I think many parents may find this difficult to fulfill.
The Public School Forum studies issues that affect our public school system. They have studied 10 foreign systems so far and just reported on their trip to Finland, which has one of the highest educational achievement records in the world. While Finland is more homogenous than the U.S., it has a large Swedish population with distinctly different cultural and linguistic traditions than the Finns. They also have Russians, Somali and Vietnamese immigrants and now even more diversity from the opening of borders from the EU. Finland is also a nation of diverse and well-balanced economic development. Their school achievement arises from several fronts. High pay and Masters Degree training for all teachers (even elementary) who are well-respected. Teachers work fewer hours to prevent burn-out and do not have all the burdensome paperwork we require. School systems are equal in rural and urban areas. Finland attracts the best and brightest into teaching and limits the number of teaching schools to those with high standards and that use research extensively. The teachers come from the top 20 percent of high school graduates.
All students are expected to do well, but testing is only for diagnostic purposes, and schools and teachers are not graded on test results nor are they published.
Prevention is the guiding philosophy. Finland focuses on special education and special assistance to students needing help, from eyesight to language impairment. Early education begins at 8 months of age, continuing through age 5. It is run by the health ministry and focuses not on education but on overall well-being, with staffing of one full-time teacher and two full-time nurses for each 12 students through age 3, and from 3 through 5, one teacher and two nurses for 20 students. At age six, children begin pre-school but don’t start formal training but instead focus on socializing. When they start formal school at age 7, children begin language acquisition and other subjects.
Finland also has a diversified and balanced economic system and is ranked as one of the most competitive. 76 percent of health care is provided by the government. Finland is rated No. 4 on child well-being and No. 1 in low rates of child still birth and best place for women to live (Finland granted women the vote in 1906.) The pension system provides 60 percent of the average of a retiree’s last four years of income in the private sector, 66 percent for public sector.
Occupy Chapel Hill has decided to shut down, at least for a time. I greatly commend those who started the movement, and we must keep their message alive. It expresses what so many are feeling and the desire and need to bring real change to our country.
However, it is not surprising that it would end and may eventually end throughout the country. To start with, the streets are already home to a group of people: the homeless, some of whom are mentally ill and prefer the streets, some who can’t give up alcohol and won’t adhere to the homeless shelter rules, some drug abusers and some criminals. When Occupy moved into their territory with tents, and food and medical supplies and chairs and other comforts of home, that was ready-made for the street crowd. Unfortunately the two didn’t mix very well.
Beyond that, while the message is so important, only talking without action is unsustainable. The difference between the civil rights movement, divestment of apartheid, ending the Vietnam War and even the Tea party is that concrete changes took place through either working in the system to get people elected or civil disobedience on a grand scale with the goal of changing discriminating laws or stopping the war.
Where does Occupy go? That remains to be seen, but I know their general assembly is still meeting and planning. Maybe we’ll see a new and effective direction emerge.
Ellie
Saturday, January 7, 2012
Column: Greetings from Ellie Kinnaird
Dear Friends,
North Carolina’s gas tax increased in January. Our gas tax is tied to the cost of wholesale gas prices and goes up or down every six months depending on that cost.
Why is North Carolina’s gas tax higher than other nearby states? North Carolina is unique in that the state is wholly responsible for highway construction and maintenance. Counties provide no funds and do not build or maintain roads. Some states allow counties to build and maintain roads by paying for them with property taxes. In NC, we share the costs statewide, but it makes sense that those who use the roads pay for them with the gas tax.
In addition, after Texas, North Carolina has the most miles of roads in the United States. The gas tax is the main way our roads are paid for and maintained. When the cost of petroleum products and labor goes up, the Department of Transportation has to pay more for its supplies and labor, meaning it has less to spend on our huge backlog of needs.
Surprisingly, this year, America is the top exporter of gasoline, diesel and jet fuel. We are still the largest importer of crude from other countries, but we refine and export it to developing countries in Latin America, Europe and Asia, even as our demand falls through fuel efficient cars and a bad economy. But since it is a world market and the refineries sell to the highest bidder, our prices at the pump—even before taxes—reflect global supply and demand.
Last week, I reported on Smart Start, the Partnership for Young Children, that is funded by the state to provide care for pre-schoolers in the state. This week the Orange County Department of Social Services reported that they lost $800,000 in state funding, meaning that 650 children who qualify for child-care subsidy will not be able to receive it. The cuts also affect child care providers who could lose their jobs if they do not have enough children in their facilities.
Another agency the state funds is the Food Bank of North Carolina, which received $2 million in this year’s budget. In addition, $3.773 million in federal Social Services Block Grant funds is appropriated for the food banks. In these difficult economic times, the food banks are called on to provide even more services.
The Food Bank also stepped in when Hurricane Irene and the tornadoes devastated eastern North Carolina. The organization distributed 41.5 million pounds of food to families and 54,157 backpacks of nutritious food items to approximately 1,479 children. A special program, the Kids Cafe program, served over 193,000 meals during their first decade of service. In addition, private donations totaled $5.77 million
Someday, I hope we can connect the dots that if people such as fast food workers, clerks in stores, etc. don’t make a living wage, they can’t support themselves and need the government (and taxpayers) to supplement their needs. I wonder if there’s an analysis could figure out how much a hamburger at a fast food restaurant really costs, factoring in that their workers collect food stamps, Medicaid for their children, emergency room medical care because their employer doesn’t provide health insurance and Section 8 vouchers for housing (or even use the homeless shelters). We are indeed our brother’s keeper.
Happy New Year to all and peace in the world in 2012.
Ellie
North Carolina’s gas tax increased in January. Our gas tax is tied to the cost of wholesale gas prices and goes up or down every six months depending on that cost.
Why is North Carolina’s gas tax higher than other nearby states? North Carolina is unique in that the state is wholly responsible for highway construction and maintenance. Counties provide no funds and do not build or maintain roads. Some states allow counties to build and maintain roads by paying for them with property taxes. In NC, we share the costs statewide, but it makes sense that those who use the roads pay for them with the gas tax.
In addition, after Texas, North Carolina has the most miles of roads in the United States. The gas tax is the main way our roads are paid for and maintained. When the cost of petroleum products and labor goes up, the Department of Transportation has to pay more for its supplies and labor, meaning it has less to spend on our huge backlog of needs.
Surprisingly, this year, America is the top exporter of gasoline, diesel and jet fuel. We are still the largest importer of crude from other countries, but we refine and export it to developing countries in Latin America, Europe and Asia, even as our demand falls through fuel efficient cars and a bad economy. But since it is a world market and the refineries sell to the highest bidder, our prices at the pump—even before taxes—reflect global supply and demand.
Last week, I reported on Smart Start, the Partnership for Young Children, that is funded by the state to provide care for pre-schoolers in the state. This week the Orange County Department of Social Services reported that they lost $800,000 in state funding, meaning that 650 children who qualify for child-care subsidy will not be able to receive it. The cuts also affect child care providers who could lose their jobs if they do not have enough children in their facilities.
Another agency the state funds is the Food Bank of North Carolina, which received $2 million in this year’s budget. In addition, $3.773 million in federal Social Services Block Grant funds is appropriated for the food banks. In these difficult economic times, the food banks are called on to provide even more services.
The Food Bank also stepped in when Hurricane Irene and the tornadoes devastated eastern North Carolina. The organization distributed 41.5 million pounds of food to families and 54,157 backpacks of nutritious food items to approximately 1,479 children. A special program, the Kids Cafe program, served over 193,000 meals during their first decade of service. In addition, private donations totaled $5.77 million
Someday, I hope we can connect the dots that if people such as fast food workers, clerks in stores, etc. don’t make a living wage, they can’t support themselves and need the government (and taxpayers) to supplement their needs. I wonder if there’s an analysis could figure out how much a hamburger at a fast food restaurant really costs, factoring in that their workers collect food stamps, Medicaid for their children, emergency room medical care because their employer doesn’t provide health insurance and Section 8 vouchers for housing (or even use the homeless shelters). We are indeed our brother’s keeper.
Happy New Year to all and peace in the world in 2012.
Ellie
Saturday, December 31, 2011
Column: Greetings from Ellie Kinnaird
Dear Friends,
I always enjoy my readers’ responses to my newsletters. What is so rewording is that readers add their own comments and experiences and often give me information I didn’t have on an issue or good ideas for future legislation. An economics reader informed me that Canada does not have a tax deduction for mortgages, therefore they avoided the bank misdeeds and meltdown. However, I think most people buy a house not because they want a tax deduction but because they want to realize the American dream, so we’re prey to the predatory lending tactics of U.S banks. According to the source I read that promoted my original comment, Canada also doesn’t have the financial instruments that led to our bank failures, and they separate their banking from investment activity which led to the pushing of questionable loans to those who couldn’t afford them, bundling them up into securities, selling them and then betting against their own customers that bought the securities. But I am always willing to have more information from readers.
Continuing with a review of programs that are funded by the legislature, Smart Start is a nationally recognized, Public Private Partnership initiative that serves children from birth to age 5. It took an $80 million cut in its budget this year, in addition to large cuts in the last two terms. But because of its outstanding track record, Smart Start was able to leverage $28 million in other private and federal funds last year. Smart Start emphasizes quality day care through a star rating system to ensure that every child reaches his or her potential and is prepared to succeed in a global community.
We know that the early years are crucial for child development that can shape success throughout school and life. Smart Start raises the quality of education and care by providing qualified, educated teachers with additional subsidized training—including college credits—that affects thousands of children in their care. About 39,000 children of low-income, working families received subsidies for child care. Around 85 percent of developmentally disabled children were screened, which helps give them the early services they need to keep up with their peers in school. All Smart Start children are provided with access to health care.
The Ready Schools program that uses literacy preparedness for children who are behind when they enter kindergarten served 29.000 children, 70 percent in low-income schools. Smart Start has been audited for financial and performance standards every year to assure its value to the community and the state taxpayer. This is one of the most important programs to serve our children and families for success.
If we want to know what elections have sadly become, The John Locke folks (part of the Art Pope empire) gave a party and insurance, banking, beer distributors, accounting firms and other corporations donated up to $10,000 each as sponsors. This is not to say they don’t do the same for both parties, just that citizens are increasingly left out of the picture because for the most part, they simply can’t give on that scale. Democracy for sale and on a scale unseen before because of the Citizens United Supreme Court decision that allows corporations to give to “issue” ads against candidates, skews and taints the democratic system.
But to end on an upbeat note, on my morning walk, I passed a fire hydrant decked out in a Santa beard and hat. Have a wonderful holiday, whatever your plans and whereever you are this season.
Ellie
I always enjoy my readers’ responses to my newsletters. What is so rewording is that readers add their own comments and experiences and often give me information I didn’t have on an issue or good ideas for future legislation. An economics reader informed me that Canada does not have a tax deduction for mortgages, therefore they avoided the bank misdeeds and meltdown. However, I think most people buy a house not because they want a tax deduction but because they want to realize the American dream, so we’re prey to the predatory lending tactics of U.S banks. According to the source I read that promoted my original comment, Canada also doesn’t have the financial instruments that led to our bank failures, and they separate their banking from investment activity which led to the pushing of questionable loans to those who couldn’t afford them, bundling them up into securities, selling them and then betting against their own customers that bought the securities. But I am always willing to have more information from readers.
Continuing with a review of programs that are funded by the legislature, Smart Start is a nationally recognized, Public Private Partnership initiative that serves children from birth to age 5. It took an $80 million cut in its budget this year, in addition to large cuts in the last two terms. But because of its outstanding track record, Smart Start was able to leverage $28 million in other private and federal funds last year. Smart Start emphasizes quality day care through a star rating system to ensure that every child reaches his or her potential and is prepared to succeed in a global community.
We know that the early years are crucial for child development that can shape success throughout school and life. Smart Start raises the quality of education and care by providing qualified, educated teachers with additional subsidized training—including college credits—that affects thousands of children in their care. About 39,000 children of low-income, working families received subsidies for child care. Around 85 percent of developmentally disabled children were screened, which helps give them the early services they need to keep up with their peers in school. All Smart Start children are provided with access to health care.
The Ready Schools program that uses literacy preparedness for children who are behind when they enter kindergarten served 29.000 children, 70 percent in low-income schools. Smart Start has been audited for financial and performance standards every year to assure its value to the community and the state taxpayer. This is one of the most important programs to serve our children and families for success.
If we want to know what elections have sadly become, The John Locke folks (part of the Art Pope empire) gave a party and insurance, banking, beer distributors, accounting firms and other corporations donated up to $10,000 each as sponsors. This is not to say they don’t do the same for both parties, just that citizens are increasingly left out of the picture because for the most part, they simply can’t give on that scale. Democracy for sale and on a scale unseen before because of the Citizens United Supreme Court decision that allows corporations to give to “issue” ads against candidates, skews and taints the democratic system.
But to end on an upbeat note, on my morning walk, I passed a fire hydrant decked out in a Santa beard and hat. Have a wonderful holiday, whatever your plans and whereever you are this season.
Ellie
Saturday, December 10, 2011
A letter from Ellie Kinnaird
Dec. 4 2011
Dear Friends:
Last week the legislature met for one day (with two skeleton sessions where only a few people attended to open and close the session). The Senate passed a bill sent over from the House that essentially repealed the Racial Justice Act (RJA). The RJA was passed last term to allow death row inmates to challenge their sentences when their trial might have been tainted by racial bias. It let them use historical statistics to show racial bias may have existed because no or few persons of color were on their jury. A study by the University of Michigan Law School showed that blacks were rejected from the jury by prosecutors by a two to one ratio. The new bill requires the inmate to show that the prosecutor acted in a racially biased way intentionally when they removed jurors of color. That is, of course, impossible to prove without a “smoking gun” statement by the prosecutor.
I pointed out in my remarks that North Carolina has long been known for its progressive measures. After the Senate passed the moratorium on the death penalty, which didn’t pass the House, the legislature prohibited the execution of the mentally retarded. The U.S. Supreme Court later upheld this ban, calling it “the evolving standard of decency” and pointed to states passing the measure, including North Carolina. In order to assure fairness in meeting out the death penalty, the legislature also passed requirements including experts for the defense, two experienced defense attorneys, all evidence over to the defense by the prosecution and allowed the District Attorneys’ discretion to not seek the death penalty but rather life without parole. As a result, death penalties have plummeted. We hope next May to pass a bill that will prohibit the execution (not the trial, conviction and sentencing) of the mentally ill who would get a life imprisonment without possibility of parole
The opposition of the District Attorneys to each of these measures has been significant. But the requirements have worked well to provide fairness and prevent the miscarriage of justice, such as the seven innocent people who were released from death row after wrongful convictions. Do we know how many innocent people were put to death in the past? One of the facts about the death penalty is that it costs the state millions of dollars to seat a jury, try, sentence and appeal each case. It also ties up courts for months, slowing down the other cases that need to be heard. This often keeps those waiting trial in jails for months, costing the counties millions.
The session also produced a minor, non-controversial bill that allows all breweries to have on-site beer tastings. Prior to this bill, tastings were limited to North Carolina breweries, but this expands it to out of state, unique, small breweries to share their fare with customers as well.
A broad coalition of citizens from across North Carolina filed a lawsuit last week challenging the constitutionality of the legislative and congressional redistricting plans passed by the General Assembly earlier this year. The suit challenges the maps on a number of grounds, including violation of voters’ rights regarding racial segregation and the excessive and illegal division of counties and precincts.
Under the Republican-passed maps, about half of the African-Americans in the state will be packed into fewer districts which diminishes African-American influence outside of the districts, effecting elections, the lawsuit contends.
The State House redistricting plan divides 49 of North Carolina’s 100 counties, while the State Senate plan splits 19 counties, despite provisions in the North Carolina Constitution requiring counties to remain whole to the greatest extent possible. Forty counties were arbitrarily split in the congressional map. Additionally, 395 precincts (containing nearly 1.9 million people) at the State House level and 257 precincts (containing 1.3 million people) at the State Senate level were split. This splitting of precincts often leads to voter confusion, lower voter turnout and higher election costs.
Under North Carolina law, the lawsuit will be tried before a three-judge panel comprised of one Superior Court judge from Wake County, one from Eastern North Carolina and one from Western North Carolina, selected by The Chief Justice of the North Carolina Supreme Court. Any appeal of the panel’s decision would go directly to the NC Supreme Court.
On the Occupy scene, the Chapel Hill Friends Meeting provided Thanksgiving dinner for the Chapel Hill group. The homeless have, of course, found Occupy, so presumably some of them enjoyed it too. At NC State, the CEO of Wells Fargo, newly arrived in North Carolina having bought our historic Wachovia Bank, had his speech interrupted by various students and Occupiers. I wrote him a letter suggesting the protesters have a valid message and that he could take an important step by reducing his $18.9 million compensation to no more than 100 times his lowest paid worker. Japan’s ratio is 12:1 and after the U.S., the highest is Venezuela’s at 50:1; the U.S.’s ratio is a startling 475:1. He could also set a policy to only award bonuses for stellar performance (as opposed to driving the economic bus into the ditch and ruining the lives of families).
I had a lovely Thanksgiving with my family, including the Oregon branch with my seven- and ten-year-old grandchildren. I hope you also had a good holiday.
Ellie
Dear Friends:
Last week the legislature met for one day (with two skeleton sessions where only a few people attended to open and close the session). The Senate passed a bill sent over from the House that essentially repealed the Racial Justice Act (RJA). The RJA was passed last term to allow death row inmates to challenge their sentences when their trial might have been tainted by racial bias. It let them use historical statistics to show racial bias may have existed because no or few persons of color were on their jury. A study by the University of Michigan Law School showed that blacks were rejected from the jury by prosecutors by a two to one ratio. The new bill requires the inmate to show that the prosecutor acted in a racially biased way intentionally when they removed jurors of color. That is, of course, impossible to prove without a “smoking gun” statement by the prosecutor.
I pointed out in my remarks that North Carolina has long been known for its progressive measures. After the Senate passed the moratorium on the death penalty, which didn’t pass the House, the legislature prohibited the execution of the mentally retarded. The U.S. Supreme Court later upheld this ban, calling it “the evolving standard of decency” and pointed to states passing the measure, including North Carolina. In order to assure fairness in meeting out the death penalty, the legislature also passed requirements including experts for the defense, two experienced defense attorneys, all evidence over to the defense by the prosecution and allowed the District Attorneys’ discretion to not seek the death penalty but rather life without parole. As a result, death penalties have plummeted. We hope next May to pass a bill that will prohibit the execution (not the trial, conviction and sentencing) of the mentally ill who would get a life imprisonment without possibility of parole
The opposition of the District Attorneys to each of these measures has been significant. But the requirements have worked well to provide fairness and prevent the miscarriage of justice, such as the seven innocent people who were released from death row after wrongful convictions. Do we know how many innocent people were put to death in the past? One of the facts about the death penalty is that it costs the state millions of dollars to seat a jury, try, sentence and appeal each case. It also ties up courts for months, slowing down the other cases that need to be heard. This often keeps those waiting trial in jails for months, costing the counties millions.
The session also produced a minor, non-controversial bill that allows all breweries to have on-site beer tastings. Prior to this bill, tastings were limited to North Carolina breweries, but this expands it to out of state, unique, small breweries to share their fare with customers as well.
A broad coalition of citizens from across North Carolina filed a lawsuit last week challenging the constitutionality of the legislative and congressional redistricting plans passed by the General Assembly earlier this year. The suit challenges the maps on a number of grounds, including violation of voters’ rights regarding racial segregation and the excessive and illegal division of counties and precincts.
Under the Republican-passed maps, about half of the African-Americans in the state will be packed into fewer districts which diminishes African-American influence outside of the districts, effecting elections, the lawsuit contends.
The State House redistricting plan divides 49 of North Carolina’s 100 counties, while the State Senate plan splits 19 counties, despite provisions in the North Carolina Constitution requiring counties to remain whole to the greatest extent possible. Forty counties were arbitrarily split in the congressional map. Additionally, 395 precincts (containing nearly 1.9 million people) at the State House level and 257 precincts (containing 1.3 million people) at the State Senate level were split. This splitting of precincts often leads to voter confusion, lower voter turnout and higher election costs.
Under North Carolina law, the lawsuit will be tried before a three-judge panel comprised of one Superior Court judge from Wake County, one from Eastern North Carolina and one from Western North Carolina, selected by The Chief Justice of the North Carolina Supreme Court. Any appeal of the panel’s decision would go directly to the NC Supreme Court.
On the Occupy scene, the Chapel Hill Friends Meeting provided Thanksgiving dinner for the Chapel Hill group. The homeless have, of course, found Occupy, so presumably some of them enjoyed it too. At NC State, the CEO of Wells Fargo, newly arrived in North Carolina having bought our historic Wachovia Bank, had his speech interrupted by various students and Occupiers. I wrote him a letter suggesting the protesters have a valid message and that he could take an important step by reducing his $18.9 million compensation to no more than 100 times his lowest paid worker. Japan’s ratio is 12:1 and after the U.S., the highest is Venezuela’s at 50:1; the U.S.’s ratio is a startling 475:1. He could also set a policy to only award bonuses for stellar performance (as opposed to driving the economic bus into the ditch and ruining the lives of families).
I had a lovely Thanksgiving with my family, including the Oregon branch with my seven- and ten-year-old grandchildren. I hope you also had a good holiday.
Ellie
Wednesday, July 6, 2011
A note from Sen. Ellie Kinnaird
Dear Friends, Two big pieces of news this week: the bills Gov. Perdue has vetoed and the release of the Congressional maps. I’ll go through the vetoed bills in next week’s newsletter. The pertinent story on the Congressional maps for Representative Miller’s district encompassing State legislative districts are drawn entirely differently because the Republicans 10 years ago objected to the Democrats' map using the same tactics and went to court. What resulted is that counties must be kept whole and be contiguous. Were that so in the Congressional districts. Now for more wrap up of bills passed. As a result of the Study bill, some good issues will be thoroughly looked at. The Department of Commerce in conjunction with the NC Utilities Commission and the NC Solar Center—that was the program that was cut out of the House budget and fortunately restored in the Senate budget—will study the recruitment of offshore wind turbine and solar manufacturers. This will encourage job creation and recruitment of industries to What seemed like a good idea turned into one of controversy. One of our Democratic Senators along with several House members sponsored a bill called the Founding Principles Act to require the teachings of the founders of our country. It would explain the structure of government, the separation of powers with checks and balances, equal justice under the law, due process, individual rights as set forth in the Bill of Rights, among other subjects. But it had a few stumbling blocks, which we thought we had removed. But in the end there was a hue and cry that this was a subterfuge by the far right to inject the teaching of religion and the exalting of private property into the high school curriculum. (A passing grade is required in the course.) There is also concern that it will replace existing courses that are broader in scope. Parking when visiting a museum or the capital will cost more. Currently it so $ per hour but will double to $2. (When is a tax not a tax—well about $100 million of these fees in the budget?) That might be a burden on a family, but luckily, the museums are still free. Former incarcerated people can now earn a certificate that will allow them to obtain a professional license to get employment. Finding a decent job when a person has a conviction is very difficult and leads to the revolving door to prison where housing a prisoner costs $27,000 a year. Steady employment is critical in determining whether a person will commit another crime or become a productive member of society. Without that help, most come back to prison within three years. This will change current law that anyone convicted of a felony is prohibited from obtaining licenses for about 700 occupations. Law enforcement, faith and non-profit groups supported the bill. The other controversy was over the Choose Life plate. I spoke against it because no plate has ever carried a political or controversial message. Those of us opposed to the plate offered an amendment that would have said Respect Choice, but it failed to pass. I voted against the bill that passed easily with but one Republican dissent, and the Governor signed it into law. Another controversial bill, even within our Democratic Caucus, was the E-verify bill. This bill requires employers to use a federal system called E-Verify to confirm that the people they hire are in the country legally. There are two large exemptions: it only applies to employers of 25 workers or more. That might exempt landscapers, janitor services, even some small restaurants. Contractors could also hire sub-contractors with fewer than 25 people as a subterfuge. The other exemption is for agricultural employers who hire workers for only up to 90 days. There are those who feel that employers take advantage of workers they know are here illegally, and underpay (or sometimes don’t even pay them), thus driving down wages for legal workers. An African-American construction worker told me he would often approach an employer to ask for work, only to be told they weren’t hiring, but the next day he would see several Hispanic workers there. On the other side, when illegal workers are deported because of this program, it breaks up families. Large companies already use E-verify so the loop-holes mean that not much will change. Finally, the system is not always accurate, leading to some who are here legally being wrongly tagged as illegals. Since Congress isn’t likely to pass meaningful immigration legislation, I think one of the best solutions is to pass the Dream Act. This would allow children who were brought here by their parents at a young age and have graduated from high school to either attend college or go into the military and obtain citizenship. I have urged our two As we enjoyed this weekend commemorating the founding of our country, please remember that, within the last two weeks, 27 of our military in Ellie |
Sunday, March 20, 2011
A note from state Senator Ellia Kinnaird
Dear Friends,
Another week at the legislature, another week of divisive issues.
North Carolina, along with one other state, has protected its beaches by not allowing hardened structures—called terminal groins—along its coast. The reason for the policy is that on the other side of the groin, the sand is scoured away, leaving the next beach with a receding shoreline and a severe deficit of sand, thus requiring re-nourishment of the lost sand, an expensive proposition.
Not even all the coastal communities agreed on the need and usefulness of groins. One town that would be affected, Sunset Beach, passed a resolution against it. But many towns and homeowners were in favor, as some condominiums are about to fall in the sea. Orrin Pilkey and John Hood of the John Locke Foundation were both opposed, leading some to speculate that the end of the world was, indeed, upon us. The vote was divided, not along partisan lines, but more geographical. The final vote was put off until Monday so those who don’t want the taxpayers to pick up the bill for beach re-nourishment could work out a deal with the bill’s sponsors. The sponsors had added a provision that the communities installing the groins would put up a bond to cover the costs if it ran over or if another community sued. But that wasn’t enough for those concerned the taxpayers will end up picking up the tab.
In another partisan, but esoteric, bill, the Senate voted to not conform our tax law to the federal tax changes. President Obama gave a tax break to small business owners by allowing them to accelerate their expenses in the first year. But this would be a loss to our budget of potentially hundreds of millions of dollars in revenue. The Republican sponsor was not too happy, wanting to give a tax break to the small business owners but realized that would put an even larger hole in the budget. (Tax law, although I took it in law school, is way beyond me, but I think this is a reasonable explanation.)
A moratorium on annexation by cities passed easily. I voted against it because cities have grown in an orderly fashion in North Carolina with our current statutes. There has been a need for updating and changes that people have urged for years, but a complete moratorium, even with a sunset to revisit the issue, could last for many years, thwarting meaningful growth of our cities. In Virginia, their moratorium that passed 28 years ago is still in effect. A comparison of the vitality of our cities such as Charlotte and Richmond, show that Virginia’s cities have not thrived, while ours have. Some cities even have “doughnut holes” right in the middle of the city, unannexed areas that are still in the county and don’t have city services.
But of course the big news was Gov. Perdue’s veto of Senate Bill 13 requiring North Carolina to join other states in suing to declare the individual mandate for insurance unconstitutional. The Attorney General, Roy Cooper, advised the Governor that states cannot nullify federal actions based on the Supremacy Clause of the Constitution. The House Democrats stuck together to uphold the veto. However, in the Senate, we could not override the Governor’s veto the bill requiring her to cut this year’s spending in the ways they dictated. Interestingly, after the veto, the Republicans said they would not try to override her veto and instead passed a bill requiring an amount to be cut, but giving her discretion of how to find the money. It was a complete surprise when they brought up the veto override, since we passed that bill and it is pending in the House.
In another sobering presentation in a year of sobering news, the Employment Security Commission announced we owe the federal government a startling $2, 631,866,556.00. Yes, that is two and a half billion plus. The reason is not only the economic meltdown resulting in high unemployment (but remember the bankers who caused it got $10 million bonuses) but also during the boom years of the 90's, employers asked for a reduction in their contribution because they had a nice surplus in the Trust Fund. Alas, here we are, grasshoppers instead of ants (for those of you who remember your Aesop’s Fables, the ants stored up for the winter while the grasshoppers played all summer.) So now we are hoping the feds will rescue us and we will only need to pay back the staggering interest owed of $80- $100 million dollars.
Then there is the matter of tax refunds owed to our citizens. Since we are broke, the governor is planning to take available monies to pay them back and then pay back the funds after April 15th when the revenues start coming in. That seemed to have sparked the latest skirmish between the Republicans and Democrats in the Senate to revive Senate Bill 13 on who decides and where the monies are to come from.
Ellie
Another week at the legislature, another week of divisive issues.
North Carolina, along with one other state, has protected its beaches by not allowing hardened structures—called terminal groins—along its coast. The reason for the policy is that on the other side of the groin, the sand is scoured away, leaving the next beach with a receding shoreline and a severe deficit of sand, thus requiring re-nourishment of the lost sand, an expensive proposition.
Not even all the coastal communities agreed on the need and usefulness of groins. One town that would be affected, Sunset Beach, passed a resolution against it. But many towns and homeowners were in favor, as some condominiums are about to fall in the sea. Orrin Pilkey and John Hood of the John Locke Foundation were both opposed, leading some to speculate that the end of the world was, indeed, upon us. The vote was divided, not along partisan lines, but more geographical. The final vote was put off until Monday so those who don’t want the taxpayers to pick up the bill for beach re-nourishment could work out a deal with the bill’s sponsors. The sponsors had added a provision that the communities installing the groins would put up a bond to cover the costs if it ran over or if another community sued. But that wasn’t enough for those concerned the taxpayers will end up picking up the tab.
In another partisan, but esoteric, bill, the Senate voted to not conform our tax law to the federal tax changes. President Obama gave a tax break to small business owners by allowing them to accelerate their expenses in the first year. But this would be a loss to our budget of potentially hundreds of millions of dollars in revenue. The Republican sponsor was not too happy, wanting to give a tax break to the small business owners but realized that would put an even larger hole in the budget. (Tax law, although I took it in law school, is way beyond me, but I think this is a reasonable explanation.)
A moratorium on annexation by cities passed easily. I voted against it because cities have grown in an orderly fashion in North Carolina with our current statutes. There has been a need for updating and changes that people have urged for years, but a complete moratorium, even with a sunset to revisit the issue, could last for many years, thwarting meaningful growth of our cities. In Virginia, their moratorium that passed 28 years ago is still in effect. A comparison of the vitality of our cities such as Charlotte and Richmond, show that Virginia’s cities have not thrived, while ours have. Some cities even have “doughnut holes” right in the middle of the city, unannexed areas that are still in the county and don’t have city services.
But of course the big news was Gov. Perdue’s veto of Senate Bill 13 requiring North Carolina to join other states in suing to declare the individual mandate for insurance unconstitutional. The Attorney General, Roy Cooper, advised the Governor that states cannot nullify federal actions based on the Supremacy Clause of the Constitution. The House Democrats stuck together to uphold the veto. However, in the Senate, we could not override the Governor’s veto the bill requiring her to cut this year’s spending in the ways they dictated. Interestingly, after the veto, the Republicans said they would not try to override her veto and instead passed a bill requiring an amount to be cut, but giving her discretion of how to find the money. It was a complete surprise when they brought up the veto override, since we passed that bill and it is pending in the House.
In another sobering presentation in a year of sobering news, the Employment Security Commission announced we owe the federal government a startling $2, 631,866,556.00. Yes, that is two and a half billion plus. The reason is not only the economic meltdown resulting in high unemployment (but remember the bankers who caused it got $10 million bonuses) but also during the boom years of the 90's, employers asked for a reduction in their contribution because they had a nice surplus in the Trust Fund. Alas, here we are, grasshoppers instead of ants (for those of you who remember your Aesop’s Fables, the ants stored up for the winter while the grasshoppers played all summer.) So now we are hoping the feds will rescue us and we will only need to pay back the staggering interest owed of $80- $100 million dollars.
Then there is the matter of tax refunds owed to our citizens. Since we are broke, the governor is planning to take available monies to pay them back and then pay back the funds after April 15th when the revenues start coming in. That seemed to have sparked the latest skirmish between the Republicans and Democrats in the Senate to revive Senate Bill 13 on who decides and where the monies are to come from.
Ellie
Thursday, January 14, 2010
legislative breakfast with orange county schools
At a breakfast meeting Tuesday, Jan. 12, members of the Orange County Schools Board of Education talked with state legislators Sen. Ellie Kinnaird and Rep. Verla Insko (Rep. Bill Faison was unable to attend due to "an emergency conflict") about the impact of the budget on the district, upcoming budget concerns and their stance on certain bills making their way through the legislature.
George McFarley, district chief operating officer, gave a recap of how decreases in the state's budgetary allotment affected Orange County Schools.
The district received $3.7 million less than they had the previous year. But that wasn't all.
"In addition to the reduction, we had to revert another $1.1 million back to the state," he said. "Of course, we did received some stimulus money for Title I and Exceptional Children services to the tune of ... $1.5 million."
Those stimulus dollars, however, had strings attached: They could not be used generally to plug the holes left by fewer state and local dollars. They had to be used in their specific area. Title I schools are high-poverty schools, while the Exceptional Children program supports children with special needs.
Certain budget line items were "zeroed out" — or completely unfunded —such as at-risk funding, which went from about $247,000 in 2008-2009 to nothing, McFarley said.
Textbook funding was almost halved: from nearly $472,000 to a little more than $280,000.
But non-instructional support — mostly salaries for people such as custodians, media assistants and secretaries — had one of the most dramatic reductions: From more than $1.9 million to a little less than $5,000.
"So, what did you do?" Kinnaird said.
District Chief Instructional Officer Denise Morton said the district received stimulus dollars and stabilization dollars; they used the latter to fill the whole left in non-instructional support.
Morton also said with textbook and other funding there are upcoming worries.
"As they call it in [the Department of Public Instruction], there's a big cliff we'll fall off at the end of next year," she said. "... After this year, we will no longer receive dollars for any kind of textbook purchase."
Insko asked whether the use of the Internet and online learning tools could help fill that gap.
Morton said that is difficult because "in northern Orange, there's very little Internet connectivity." That would make it hard for some students to access learning materials from home.
"We know some children would not be able to access it," she said.
Board member Debbie Piscitelli said in school, teachers are using the Internet more, but there are still issues with that: connectivity, making sure the technology is functional and making sure clases have access to the computer labs among them.
Morton said another way the state has tried to stretch limited textbook dollars is going to a seven-year — instead of a five-year — textbook adoption cycle.
Kinnaird said that concerned her because of the wear and tear on textbooks. Board Chair Anne Medenblik said it could also cause some books — especially history — to become out-of-date before new books are adopted. For example some are showing former Iraqi President Saddam Hussein as still in power, mentioning nothing that has happened since the early 2000s.
As for the at-risk funding, Morton said the people running those programs need the funds they lost and used every last stimulus dollar they received.
"The schools needed every bit of [that money] to support students who struggle with learning," she said. "... They really missed that money. It was zeroed out. ... The Board of Education tried to plug some holes with local dollars, but that is something that we'd like to see returned if possible."
Students served by Exceptional Children have grown in the district, too, making those dollars ever more necessary.
In 2004, there were 15 children identified with autism in the district. In 2009, there were 100.
"Those students, their disabilities range from mild to very severe, so they require additional services," Morton said. "... We want to provide the best education we can for those students. ... The stimulus has helped, but it will go away."
There are similar problems with Limited English Proficiency and Academically and Intellectually Gifted programs as well, Morton said.
Next year's budget
Board member Ted Triebel said as terrible as the cuts they already had to endure were, the worst is probably yet to come.
"One of the scariest parts for us is ... there's going to be a 35 percent increase in budget reductions" according to some, he said.
Insko said there have been some increases in revenue, such as from corporate taxes, which she hoped would help fill the gaps.
"I guess I'm probably foolishly optimistic," she said. "Everybody's talking about what we're going to have to do. We are going to have some reductions, but I just hope they won't be as bad."
Triebel said he was also concerned about losing stimulus funds, which have buffered the blows landed by budget reductions.
Kinnaird said the long-term solution is more economic development to change the tax base.
"Orange County's taxes are already way too high," she said. "... My answer to that is we've got to get out there and get more commercial. We've got to change our balance."
Insko said she wasn't sure how much more the district could cut.
"You all have already cut all you can," she said. "And you've got to cut more."
Piscitelli agreed, saying theirs is a diverse district with gifted students and EC students and everything in between, for a total of nearly 7,100 students.
"It's very hard when you keep cutting to meet all of their needs in public education," she said.
Legislative issues
Board members also told their legislators their stances on four legislative issues: their opposition to HB 1292, Employ of Non-Certified Personnel, which "ties the hands of superintendents, principals, and other hiring-level personnel by stripping them of the power to suspend, demote of dismiss a non-certified employee," according to background materials; their support for calendar flexibility; their desire to retain governmental immunity; and their desire to allow LEAs (local education agencies) to include students who earn their high school diploma from a community college in graduation rate calculations.
George McFarley, district chief operating officer, gave a recap of how decreases in the state's budgetary allotment affected Orange County Schools.
The district received $3.7 million less than they had the previous year. But that wasn't all.
"In addition to the reduction, we had to revert another $1.1 million back to the state," he said. "Of course, we did received some stimulus money for Title I and Exceptional Children services to the tune of ... $1.5 million."
Those stimulus dollars, however, had strings attached: They could not be used generally to plug the holes left by fewer state and local dollars. They had to be used in their specific area. Title I schools are high-poverty schools, while the Exceptional Children program supports children with special needs.
Certain budget line items were "zeroed out" — or completely unfunded —such as at-risk funding, which went from about $247,000 in 2008-2009 to nothing, McFarley said.
Textbook funding was almost halved: from nearly $472,000 to a little more than $280,000.
But non-instructional support — mostly salaries for people such as custodians, media assistants and secretaries — had one of the most dramatic reductions: From more than $1.9 million to a little less than $5,000.
"So, what did you do?" Kinnaird said.
District Chief Instructional Officer Denise Morton said the district received stimulus dollars and stabilization dollars; they used the latter to fill the whole left in non-instructional support.
Morton also said with textbook and other funding there are upcoming worries.
"As they call it in [the Department of Public Instruction], there's a big cliff we'll fall off at the end of next year," she said. "... After this year, we will no longer receive dollars for any kind of textbook purchase."
Insko asked whether the use of the Internet and online learning tools could help fill that gap.
Morton said that is difficult because "in northern Orange, there's very little Internet connectivity." That would make it hard for some students to access learning materials from home.
"We know some children would not be able to access it," she said.
Board member Debbie Piscitelli said in school, teachers are using the Internet more, but there are still issues with that: connectivity, making sure the technology is functional and making sure clases have access to the computer labs among them.
Morton said another way the state has tried to stretch limited textbook dollars is going to a seven-year — instead of a five-year — textbook adoption cycle.
Kinnaird said that concerned her because of the wear and tear on textbooks. Board Chair Anne Medenblik said it could also cause some books — especially history — to become out-of-date before new books are adopted. For example some are showing former Iraqi President Saddam Hussein as still in power, mentioning nothing that has happened since the early 2000s.
As for the at-risk funding, Morton said the people running those programs need the funds they lost and used every last stimulus dollar they received.
"The schools needed every bit of [that money] to support students who struggle with learning," she said. "... They really missed that money. It was zeroed out. ... The Board of Education tried to plug some holes with local dollars, but that is something that we'd like to see returned if possible."
Students served by Exceptional Children have grown in the district, too, making those dollars ever more necessary.
In 2004, there were 15 children identified with autism in the district. In 2009, there were 100.
"Those students, their disabilities range from mild to very severe, so they require additional services," Morton said. "... We want to provide the best education we can for those students. ... The stimulus has helped, but it will go away."
There are similar problems with Limited English Proficiency and Academically and Intellectually Gifted programs as well, Morton said.
Next year's budget
Board member Ted Triebel said as terrible as the cuts they already had to endure were, the worst is probably yet to come.
"One of the scariest parts for us is ... there's going to be a 35 percent increase in budget reductions" according to some, he said.
Insko said there have been some increases in revenue, such as from corporate taxes, which she hoped would help fill the gaps.
"I guess I'm probably foolishly optimistic," she said. "Everybody's talking about what we're going to have to do. We are going to have some reductions, but I just hope they won't be as bad."
Triebel said he was also concerned about losing stimulus funds, which have buffered the blows landed by budget reductions.
Kinnaird said the long-term solution is more economic development to change the tax base.
"Orange County's taxes are already way too high," she said. "... My answer to that is we've got to get out there and get more commercial. We've got to change our balance."
Insko said she wasn't sure how much more the district could cut.
"You all have already cut all you can," she said. "And you've got to cut more."
Piscitelli agreed, saying theirs is a diverse district with gifted students and EC students and everything in between, for a total of nearly 7,100 students.
"It's very hard when you keep cutting to meet all of their needs in public education," she said.
Legislative issues
Board members also told their legislators their stances on four legislative issues: their opposition to HB 1292, Employ of Non-Certified Personnel, which "ties the hands of superintendents, principals, and other hiring-level personnel by stripping them of the power to suspend, demote of dismiss a non-certified employee," according to background materials; their support for calendar flexibility; their desire to retain governmental immunity; and their desire to allow LEAs (local education agencies) to include students who earn their high school diploma from a community college in graduation rate calculations.
Tuesday, January 12, 2010
BOE & legislators
I'm at the Board of Education meeting with our state legislators. I'll post some highlights here as the meeting progresses.
7:58 a.m.: Anne Medenblik said to Sen. Ellie Kinnaird and Rep. Verla Insko legislators faced a tough budget year, but didn't "balance the budget on the backs of our students."
8:10 a.m.: Rep. Bill Faison will not be attending because of an emergency conflict.
8:15 a.m.: Dr. McFarley and Dr. Morton talking about the budget's impact on the district. Rep. Insko and Sen. Kinnaird asking questions and seeking clarification. Rep. Insko said the state legislator should push for connectivity in rural areas so the Internet could be used for additional learning and to fill the gap left by a longer textbook adoption cycle.
8:25 a.m.: Sen. Kinnaird: Orange County taxes are already way too high. ... My answer to that is we've got to get out there and get more commercial. We've got to change our balance.
8:38 a.m.: Board chair Anne Medenblik said there was an unfunded mandate to background check volunteers.
Sen. Kinnaird said she thought the background checks are an "overreaction."
"You're denying those parents to help in their parents kid," she said.
Mike Gilbert, OCS public information officer, said there have been 2,100 volunteers approved.
Morton said there have been several "questionable instances" involving parents and students.
Gilbert said there are 25 sex offenders within 3 miles of the district Central Office on King Street.
9 a.m.: Dr. McFarley explained that, though the district has been awarded a construction bond for building an auditorium at C.W. Stanford Middle School, no one will buy it. In North Carolina, only one such bond has been purchased, he said.
"Part of the problem for most of the school districts in the state is that he allocation for the Qualified Zoning Construction Bond is not a huge amount," he said. "So the tax benefit that a bank or individual would get for buying this bond is not attractive."
7:58 a.m.: Anne Medenblik said to Sen. Ellie Kinnaird and Rep. Verla Insko legislators faced a tough budget year, but didn't "balance the budget on the backs of our students."
8:10 a.m.: Rep. Bill Faison will not be attending because of an emergency conflict.
8:15 a.m.: Dr. McFarley and Dr. Morton talking about the budget's impact on the district. Rep. Insko and Sen. Kinnaird asking questions and seeking clarification. Rep. Insko said the state legislator should push for connectivity in rural areas so the Internet could be used for additional learning and to fill the gap left by a longer textbook adoption cycle.
8:25 a.m.: Sen. Kinnaird: Orange County taxes are already way too high. ... My answer to that is we've got to get out there and get more commercial. We've got to change our balance.
8:38 a.m.: Board chair Anne Medenblik said there was an unfunded mandate to background check volunteers.
Sen. Kinnaird said she thought the background checks are an "overreaction."
"You're denying those parents to help in their parents kid," she said.
Mike Gilbert, OCS public information officer, said there have been 2,100 volunteers approved.
Morton said there have been several "questionable instances" involving parents and students.
Gilbert said there are 25 sex offenders within 3 miles of the district Central Office on King Street.
9 a.m.: Dr. McFarley explained that, though the district has been awarded a construction bond for building an auditorium at C.W. Stanford Middle School, no one will buy it. In North Carolina, only one such bond has been purchased, he said.
"Part of the problem for most of the school districts in the state is that he allocation for the Qualified Zoning Construction Bond is not a huge amount," he said. "So the tax benefit that a bank or individual would get for buying this bond is not attractive."
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