Was Bob McDonnell Convicted with Tainted Testimony?

Was Bob McDonnell Convicted with Tainted Testimony?

Jonnie Williams' trial testimony about a critical meeting with the former governor was contradictory, implausible and sometimes incoherent. But the jury bought it anyway

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Building Connectivity in Suburbia

Building Connectivity in Suburbia

Sunnyvale, Calif., wants to reinvent a 60's-era industrial office park as an innovation district. It's making progress but suburban sprawl is not an easy habit to break.

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The Great U.S. 460 Swamp

The Great U.S. 460 Swamp

VDOT had loads of warning that wetlands could kill the U.S. 460 project but the state charged ahead with a design-build contract that everyone knew could explode.

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Coming up: Car-Lite Burbs

Coming up: Car-Lite Burbs

A California developer is teaming with Daimler AG to bring buses, shuttles and ride sharing to an Orange County community -- with no government subsidies.

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Putting the “Garden” in Rain Garden

Putting the Garden in Rain Garden

Soon Virginians will start spending billions to meet tough storm-water regs. Lewis Ginter Botanical Garden wants to show how we can save the bay – and look really good doing it.

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Ain’t Too Proud to Beg

temptationsBy Peter Galuszka

The World Wide Web is a wonderful thing. It can provide useful, nearly instantaneous information, build communities and topple dictators.

It has also wreaked havoc on how journalists and commentators gather and disseminate original content. Tens of thousands of journalists have lost their jobs because the old business model that paid them has collapsed.

Blogging, fashionable for two decades ago, is, of course an offshoot of the Net. It is based on slicing and dicing other people’s original content.

Jim Bacon and I do that on this blog, but we also accomplish a lot more. We create our own original content that often is unique. Between us, we have more than eight decades of experience and hope that shows in our work.

We have been working mostly for free, but we need to pay our bills. Some blogs and Net services have paywalls or require subscriptions.  We’re not asking for that, but we are requesting that you consider making a contribution so we can keep on doing what we have been.If you would like to contribute you can do so by looking at the payment icon on the upper left of the home page.

Many thanks.

The Importance of “Selma”

Selma_posterBy Peter Galuszka

“Selma” is one of those fairly rare films that underline a crucial time and place in history while thrusting important issues forward to the present day.

Ably directed by Ava DuVernay, the movie depicts the fight for the Voting Rights Act culminating in the dramatic march across the Edmund Pettus Bridge in Selma, Ala. in 1965. It portrays the brutality and racism that kept Alabama’s white power structure firmly in charge and how brave, non-violent and very smart tactics by African-American agitators shook things loose.

Holding it all together is British actor David Oyelowo as Dr. Martin Luther King Jr. Oyelowo’s subtle and vulnerable approach while dealing with infighting among his colleagues and revelations of his marital infidelities contrast with his brilliant skill at oratory. During the two hours or so of the film, Oyelowo’s booming speeches and sermons never bored me. By contrast, the recent “Lincoln,” the Steven Spielberg flick filmed in Richmond, was a bit of a snoozer.

To its credit, “Selma” never gets too clichéd even with the extremely overexposed Oprah Winfrey assuming roles as a film producer and also as an actress portraying a middle-aged nursing home working who gets beaten up several times protesting white officials who kept her from registering to vote.

“Selma” has been controversial because nit-picking critics claim the film misrepresents the role President Lyndon B. Johnson played in getting the Voting Rights Act passed. The film shows him as reluctant and the Selma event was staged to push him to move proposed legislation to Congress. A series of LBJ biographies by highly-regarded historian Robert A. Caro show the opposite – that Johnson, a Southern white from Texas — was very much the driver of civil rights bills. In fact, his deft ability to knock political heads on Capitol Hill was probably the reason why they passed. It was a feat that even the Kennedys probably couldn’t have achieved.

One scene in the movie bothered me at first. King leads protestors to the Selma court house to register. When a brutal sheriff stands in their way, they all kneel down on the pavement with their arms behind their heads in a manner very reminiscent of last year’s protests against a police killing in Ferguson, Mo.

I thought, “Hey, I don’t care how they present LBJ, but fast-forwarding to 2014 is a bit of stretch.”

Then I decided that maybe not, history aside, the same thing is really happening now. There’s not just Ferguson, but Cleveland, Brooklyn and other places. The Richmond Times-Dispatch reports this morning that over the past 14 years, police in the state killed 31 blacks and 32 whites. Only 20 percent of the state’s population is black. Now that is a disturbing figure.

Another disturbing allusion to the present is the widespread move mostly by Republican politicians in the South and Southwest make it harder for people to register to vote. In one move scene, Oprah Winfrey wants to register before an arrogant white clerk. He asks her to recite the Preamble to the U.S. Constitution. She does. He then asks her how many judges there are in Alabama. She gives the correct number. He then demands that she name all of them, which very few might have been able to do. She is rejected.

The moves to blunt new voters today is focused more on Hispanic immigrants but it is just as racist and wrong. And, Virginia is still stuck with the anti-voter policies of the Byrd Organization that was in power at the time of the Selma march. The idea, equally racist, was to keep ALL voters from participating in the political process as much as possible. That is why we have off-year elections and gerrymandered districts.

I was only 12 years old when Selma occurred but I remember watching it on television. I was living at the time in West Virginia which didn’t have that much racial tension. But I do remember flying out of National Airport in DC on the day that King was assassinated. The center of town, mostly 14th Street, appeared to be in flames.

Show the Love, Support this Blog

love_baconDear readers,

Bacon’s Rebellion is Virginia’s leading non-partisan blog devoted to state and local public policy issues. There are other great blogs in Virginia, but they are aligned with one partisan viewpoint or the other. We’re different. We focus on policy issues — not politics — and we entertain a wide variety of perspectives. People don’t read Bacon’s Rebellion to seek confirmation of their biases, they read it to challenge their biases and engage in intelligent, civil discourse.

With one brief interruption, I’ve been publishing Bacon’s Rebellion since 2002. I have supported the blog through sponsorships, in which various groups have provided financial support to underwrite quality journalism. I will continue seeking sponsorships, but the marketplace is changing: People with the resources to hire experienced writers often want to publish their own blogs and publications. I have to put bread on the table, and so does regular contributor Peter Galuszka, and if that means dedicating our time to publications other than Bacon’s Rebellion, then that’s what we have to do.

If you like Bacon’s Rebellion… if you appreciate the content and commentary you find here and nowhere else… I ask you to please support the blog financially. The more readers collectively contribute, the more time Peter and I can devote to Bacon’s Rebellion.

In the left-hand column, you’ll find a “Contribute Now with Paypal” button which will allow you to voluntarily “subscribe” to the publication. (We also take credit cards.) Pick a level of support with which you’re comfortable — $2 monthly, $5 or even $10 — and accept our thanks.

James A. Bacon Jr.
Publisher

Governance Reform for the Tobacco Commission

Two decades later, and still looking for an economic replacement.

Two decades later, and still looking for an economic replacement.

This is the year for governance reform. Not only will the General Assembly tighten up state ethics laws and consider proposals to strengthen the autonomy and transparency of the Commonwealth Transportation Board, legislators are proposing an overhaul of the way the Tobacco Indemnification and Community Revitalization Commission does business.

A 2011 study by the Joint Legislative Audit and Review Commission found that the $756 million the tobacco commission had spent had only a marginal impact on Southside and Southwest Virginia, tobacco-growing regions whose economies the spending was supposed to diversify.

Now Governor Terry McAuliffe has backed a set of proposals by Republican lawmakers, including commission chair Del. Terry Kilgore, R-Scott, to make the organization more accountable. According to the Richmond Times-Dispatch, proposals include:

  • Establishing an online database of all awards;
  • Reviewing all loans, grants and distributions of money by a “viability manager” such as the Virginia Resources Authority.
  • Adopting a strategic plan every two years to set priorities, measurable goals and quantifiable outcomes.
  • Reducing the number of commission members from 31 to 25;
  • Setting a requirement that 60% of commission members have an expertise in business, economic development, investment banking, finance or education.

Bacon’s bottom line: I’m not sure that anything can take the politics and favoritism out of the dispensation of tobacco commission dollars, but these proposals seem to be a modest step toward more transparency and accountability. So, that’s good.

Alas, the problems of Southside and Southwest Virginia are far bigger than these modest reforms can address. Traditional economic development strategies will not transform the region. The commission needs to underwrite some radical experiments with the venture capital-like mentality that, while most likely will fail, a handful might open up previously unimagined possibilities. The proposed reforms are likely to reinforce group-think, however, and that’s not good.

–  JAB

Transparency, CTB Autonomy Guide New Vision for Transportation Governance

aubrey_layne

Aubrey Layne. Photo credit: Daily News

by James A. Bacon

The Virginia Department of Transportation (VDOT) has a system for dispensing its approximately $2 billion a year in construction funding that is so blindingly complex that only a few people understand it. If I started explaining it to you in detail, I’d probably have to shoot you halfway through to put you out of your misery.

But I’ll give you a quickie overview so you can understand what the McAuliffe administration, working with Republican leaders in the General Assembly, is trying to accomplish by overhauling the funding formula. The end result, said Transportation Secretary Aubrey Layne in an interview yesterday with Bacon’s Rebellion, will be to transfer decision-making power from the executive branch to a more autonomous Commonwealth Transportation Board, allowing the CTB to function as the policy-setting group it was always meant to be.

Construction dollars come from two sources: state and federal. Roughly $900 million a year in state tax revenues goes into the Transportation Trust Fund. Before anything is spent on state construction projects, money is siphoned into the Highway Maintenance Operations Fund to make up for that fund’s perennial deficits. More money is sluiced away for revenue sharing with localities, and yet more for various administrative expenses. Whatever is left can be spent on construction.

Meanwhile, the $1.1 billion or so in federal highway dollars gets sliced and diced, with dollars peeled away to pay off GARVEE bonds, to maintain U.S. bridges and highways, and to fund miscellaneous programs dictated by Uncle Sam. Whatever is left can be spent on construction.

Thanks to the influx of new state tax dollars, there’s a fair amount of money available for construction these days. But as a practical matter, expenditures are so hemmed in by legislative formulas that the system has little flexibility. Under the 2012 transportation funding overhaul, available funds are to be divvied up as follows: 25% to bridges, 25% to pavement, 25% to high priority discretionary projects, 15% to public-private partnerships 5% to unpaved roads, and 5% to intelligent transportation systems. If there’s any money left over — which there isn’t, even with the 2012 tax increases — additional sums go to unpaved roads and to Interstate matches, and the remainder gets divvied up this way: 40% for primary roads (distributed to each of nine transportation districts), 30% for secondary roads (distributed to individual localities), and 30% to urban roads (cities and towns).

“It is a maze. It is opaque,” Layne said. It’s also inefficient.

As a practical matter, little money trickles down to the localities. It’s like the Colorado River  — so much water has been sucked out along the way that there’s only a rivulet by the time it reaches the ocean. By the time money seeps down to individual transportation districts and individual localities, the amounts are so small they take years to accumulate enough money to actually pay for anything. As a result, money just sits there and gets eroded by inflation.

Another problem with the system, said Layne, who served on the CTB before McAuliffe anointed him transportation secretary, is that the executive branch effectively made all the key decisions. “When we came into office, VDOT was working off ‘the Governor’s List.'” The Governor’s List, an informal entity of obscure origin, was a list of projects reflecting the governor’s priorities, which VDOT then submitted to the CTB. “Where we are today, the governor sets the table,” said Layne. “As a CTB member, it’s hard to rearrange the dishes.”

(During the McDonnell administration, CTB members asked some questions and then invariably approved the requests — usually unanimously. The role of CTB members, I argued in “Kings of the Road” two years ago was to lobby behind the scenes to get projects in their transportation districts accepted by the administration. The board itself exercised little oversight.)

Layne’s goal, and McAuliffe’s, is to restore transparency and CTB independence. To make the policy-making board more independent, the administration is backing legislation that would curtail the executive’s ability to remove CTB members except where there’s cause. This would eliminate a repeat of instances like when former Transportation Secretary Sean Connaughton demanded the resignation of CTB member Jim Rich, a vocal proponent of the administration’s Charlottesville Bypass project.

The proposed new funding formula would create transparency by simplifying the system, Layne said. A new 40/30/30 formula would replace the 25/25/25/15/5/5 formula and portions of the 40/30/30 formula cobbled onto it. The new allocation formula would distribute money as follows: Continue reading

The Real “War on Coal”

Blankenship at 2009 Labor Day rally

Blankenship at 2009 Labor Day rally

By Peter Galuszka

Over in West Virginia, some things never seem to change.

Families of the 29 miners killed on April 5, 2010 at Massey Energy’s Upper Big Branch are asking a federal judge to lift her gag order so they can testify before West Virginia legislators considering tougher rules that would make it easier for workers to sue employers over job-related injuries and deaths.

U.S. District Judge Irene Berger issued the gag order last year after Donald L. Blankenship, the former chief of Richmond-based Massey Energy, was indicted on four criminal charges for his role in the disaster – the worst one in 40 years. He is scheduled to go on trial in Beckley on April 20.

The question seems to be that the judge is protecting Blankenship’s rights over those of the people hurt by his management. It is not really news in the Mountain State that has always supported Coal Barons over workers. It’s a weird, neo-colonialist thing that never seems to change.

This month, Berger denied a move by several news agencies, including the Charleston Gazette and The Wall Street Journal, to lift the gag order.

As head of Massey Energy, which has since been taken over by Bristol-based Alpha Natural Resources, Blankenship was a true publicity hog. He was never shy about pushing his arch-conservative, pro-business views or bankrolling politicians and judges. Worrying about protecting his legal rights at the expense of free speech is a real travesty.

Yes, there is a “War on Coal” – but the other way around. The conflict is how coal bosses wage war on their employees and their families.

More Tidbits on the U.S. 460 Story…

kilpatrick

Charlie Kilpatrick, Virginia Highway Commissioner

Aubrey Layne was acutely aware of the wetlands permitting issues afflicting the U.S. 460 highway project before assuming his position as Secretary of Transportation in January 2014. As chairman of the funding corporation that sold bonds to investors, he had had to disclose in September 2013 that the Virginia Department of Transportation had not yet acquired the necessary permits from the U.S. Army Corps of Engineers to build the 55-mile highway. That’s one reason why, when he took the McAuliffe administration cabinet post, he acted so quickly to shut down the project — he’d been stewing over the matter for four months.

In an article yesterday, the Richmond Times-Dispatch gave a pretty good account of the testimony Layne gave to the House Appropriations Committee. The story made clear that the “secretary’s office” — led by former Transportation Secretary Sean Connaughton — was largely responsible for the decisions that created the debacle, which cost Virginia taxpayers roughly $300 million for work that will never be done or needed. But the T-D overlooked what I considered to be a critical topic: What role, if any, did then-deputy highway commissioner Charlie Kilpatrick play in the debacle?

I was able to glean a few more details in an interview with Layne this afternoon when, among other topics, I pressed him on Kilpatrick’s role in the policy meltdown. In a post this morning, I noted that Kilpatrick had made a presentation about U.S. 460 to the Commonwealth Transportation Board in mid-2013 that omitted the crucial fact that the project had not obtained the needed wetlands permits. Assured that there was no problem, the CTB approved the project financing.

Since then, Kilpatrick has been elevated to Virginia Highway Commissioner.

Layne defended the actions of VDOT personnel during the McDonnell administration. On multiple occasions, he said, VDOT officials went to the “secretary’s office” with issues relating to the wetlands permit. “Every time,” he said, “they got orders to keep on going.”

Without getting into specifics, Layne said that Kilpatrick and VDOT did “balk” at times at what they were told to do. “There was some pushback.” But Connaughton was determined to advance the project, which was the top transportation priority of Governor Bob McDonnell. While Kilpatrick did not inform the CTB of all the relevant facts, Layne said, he was acting as instructed. Layne is confident that Kilpatrick was not driving the decision-making process and does not bear responsibility for one of the biggest managerial screw-ups in Virginia government history.

I belabor this point only because I argued this morning that it is important to ascertain Kilpatrick’s role in the U.S. 460 fiasco. McDonnell’s people are all gone, but Kilpatrick now serves as a senior official of the McAuliffe administration. Unless new information surfaces, I consider Layne’s comments to be the final word on the matter.

– JAB

Anticipating the Demise of the Parking Meter

pay_by_phoneAs the City of Charlottesville ponders an upgrade to its downtown parking technology (see “Paying for Onstreet Parking in Cville“), parking guru Bern Grush is looking two steps ahead and thinking about how municipalities should handle the inevitable demise of the parking meter.

At some point in the foreseeable future, parking will be managed in the greater majority of all these cities by all-digital means including phone, Web or in-vehicle, self-paying meters. Accompanying this will be a uniform enforcement approach that uses the license plate number to read parking credentials from the cloud. …

With the top two cell-pay providers in the US each claiming “hundreds” of cities as customers, the trend toward virtual parking meters, digital parking payment, and license plate-enabled parking (LEP) and enforcement credentials appears unstoppable. Many in our industry are increasingly seeing fully wireless parking payment management as the self-evident future.

But that does present a transition problem. Maintaining both parking meters and a wireless system is redundant and expensive. But switching prematurely to an all-digital system can alienate people not comfortable with the technology. Writing in Canadian Parker (flip to page 16) last year, Grush had a few suggestions on how to think about the switch-over.

– JAB

Inching Closer to Accountability on the U.S. 460 Fiasco

Aubrey Layne speaking to reporters yesterday. Photo credit: Richmond Times-Dispatch

Aubrey Layne speaking to reporters yesterday. Photo credit: Richmond Times-Dispatch

by James A. Bacon

In the year that he’s served as Secretary of Transportation, Aubrey J.  Layne Jr. has been reluctant to blame any individual or group of individuals for the U.S. 460 toll road fiasco. But he abandoned that reticence yesterday during a hearing of the House Appropriations Committee.

“All of the information was funneled through the secretary’s office, and they were clearly in charge,” Layne said, referring to the office of his predecessor Sean Connaughton. The McDonnell administration allowed “political and media” considerations to dominate its decision making when fast-tracking construction of the Interstate highway-quality connector between Petersburg and Suffolk, the Richmond Times-Dispatch quotes Layne as saying.

Layne was himself an avid supporter of the public-private partnership project, which then-Governor Bob McDonnell touted as economic development boon for Virginia ports and industrial development in Southeastern Virginia. But when when Governor Terry McAuliffe appointed him as transportation secretary last year, Layne discovered that the state had spent $300 million on the project without obtaining wetlands permits from the United States Army Corps of Engineers (USACE) and had little prospect of ever getting them. He promptly pulled the plug on the project.

A “Special Review of the U.S. Route 460 Corridor Improvements Project” ordered by Layne laid out in detail how the McDonnell administration and the Virginia Department of Transportation (VDOT) had ample warning of the USACE’s wetlands concerns but pushed them aside to get construction started on the project before McDonnell’s term ended.

But the Special Review studiously ignored the question of who drove the decision-making process and who made the decision to omit critical information in the formal presentation to the CTB when seeking the board’s approval for project financing.  As I observed last April in “Feet-to-the-Fire Time for Layne, Kilpatrick,” there were three key individuals who could plausibly be held responsible — Transportation Secretary Connaughton, then-Virginia Highway Commissioner Greg Whirley, and then-Deputy Commissioner Charlie Kilpatrick, who actually delivered the presentation. Whirley retired and Connaughton moved on to become president of the Virginia Hospital and Healthcare Association, but Kilpatrick was elevated to Virginia Highway Commissioner.

The issue died in the media but members of the General Assembly apparently were in a mood for answers yesterday. Layne pointed to the “secretary’s office” without mentioning Connaughton by name. By omitting any mention of Kilpatrick, the implication is that he holds the highway commissioner blameless. (Connaughton did not respond to media queries.)

I harp on this matter while others ignore it not to flog Connaughton, whose current job has no bearing directly or indirectly on transportation policy, but to clear Kilpatrick. Back when I was actively covering transportation issues, I had the sense that Kilpatrick was widely liked and respected. But as the chief operations guy at VDOT at the time, he was neck deep in the U.S. 460 imbroglio. He was the one who delivered the misleading presentation to the CTB.

Now that Kilpatrick is Numero Uno, the public has the right to know: Did he have a hand in crafting U.S. 460 policy? Was he just carrying out orders? Did he privately express any reservations to Connaughton about fast-tracking the project? My hunch is that Kilpatrick was acting as the loyal trooper following direct orders when he omitted mention of the permitting issue in his CTB presentation. If I were a wagering man, I’d  bet that he did express private concerns to his higher-ups. But don’t know either of those things for a fact. If I were a state legislator, I would want to know for a fact. The full truth needs to come out, if only to clear the cloud over Kilpatrick’s head.

Interview: McAuliffe’s Economic Goals

 maurice jonesBy Peter Galuszka

For a glimpse of where the administration of Gov. Terry McAuliffe is heading, here’s an interview I did with Maurice Jones, the secretary of commerce and trade that was published in Richmond’s Style Weekly.

Jones, a graduate of Hampden-Sydney College and University of Virginia law, is a former Rhodes Scholar who had been a deputy secretary of the U.S. Department of Housing and Urban Development under President Barack Obama. Before that, he was publisher of The Virginian-Pilot, which owns Style.

According to Jones, McAuliffe is big on jobs creation, corporate recruitment and upgrading education, especially at the community college and jobs-training levels. Virginia is doing poorly in economic growth, coming in recently at No. 48, ahead of only Maryland and the District of Columbia which, like Virginia have been hit hard by federal spending cuts.

Jones says he’s been traveling overseas a lot in his first year in office. Doing so helped land the $2 billion paper with Shandong Tranlin in Chesterfield County. The project, which will create 2,000 jobs, is the largest single investment by the Chinese in the U.S. McAuliffe also backs the highly controversial $5 billion Atlantic Coast Pipeline planned by Dominion because its natural gas should spawn badly-needed industrial growth in poor counties near the North Carolina border.

Read more, read here.

(Note: I have a new business blog going at Style Weekly called “The Deal.” Find it on Style’s webpage —   www.styleweekly.com)