Category Archives: Governance reform

The Case Against the Meals Tax

Henrico County... 400 years old and counting... with a mindset to match.

Henrico County… 400 years old and counting… with a mindset to match.

by James A. Bacon

Even to those who know him and love him, Sidney Gunst is a wild man. Friends never know what cause he will embrace next and pursue with his trademark (as in, monomaniacal) enthusiasm. Luckily for the taxpayers of Henrico County, he has embarked upon a crusade to block a proposal to institute a 4% meals tax that would raise an estimated $18 million a year.

Although Gunst is hardly alone in opposing the tax — local restaurateurs are none too happy with it either — his is the face of the resistance. The Innsbrook office park developer has galvanized opposition to a measure that the county political establishment and much of the business community have aligned themselves with. When civic groups hold debates on the tax, Gunst is the man they invite to represent the contras.

No one denies that Henrico faces major fiscal challenges. County officials are scrambling to find the funds to pay for massive unfunded pension liabilities, federal storm-water management mandates and soaring employee health care costs. And there is no question that county officials have taken extensive belt-tightening measures. The county is operating on less money than it spent six  years ago.

But Gunst is not satisfied. He doubts the tax will come close to addressing the county’s long-term fiscal challenges. The tax is a Band-Aid, a short-term palliative, a way for elected officials to kick the can down the road and avoid making the really tough decisions or engage in the creative thinking that Henrico County needs in order to transition to a 21st-century philosophy of governance.

Gunst make several compelling points.

First, Henrico’s vow to dedicate tax revenues for public schools and the teachers is a political gimmick. In January, county officials were positioning the tax as necessary for road maintenance. But the 2013 transportation funding bill provided millions in relief for Henrico, so the pols switched rationales. And what could be more mom-and-apple-pie than securing teacher pensions? That’s pure packaging. As Gunst explains, money is fungible. While the $18 million in meals tax revenue might be locked in for teacher pensions, there is nothing to prevent the Board of Supervisors from backing out all or part of the $18 million — a sliver of the half billion-dollar school budget — that it had been paying before!

Second, if taxes must be raised, then jack up the property tax instead. Imposing the meals tax is like shooting a fire-and-forget missile. It will be permanent and the board likely will not revisit the issue. By contrast, the board sets the property tax every year. A meals tax would allow the board to dodge yearly accountability. By nixing the tax, taxpayers can better hold supervisors’ feet to the fire on spending and budgeting decisions.

Which brings us to the third point. The Henrico board is stuck in a rut. Board members are old and out of ideas. Henrico mastered the art of 20th-century governance. By conventional standards, the administration runs a tight ship. But the real estate crash and 2007-2008 recession ushered in a new era of austerity. Americans cannot continue business as usual. If Henrico is to prosper in the years ahead, it must re-think fundamentals.

Gunst doesn’t pretend to have all the answers — right now he’s just trying to defeat the meals tax. But he does offer areas worth exploring. Schools account for more than half the county budget. Why can’t we do more for less? The nation is in the midst of an educational revolution, with Massively Open Online Courses, free online content like the Khan Academy and so much more, all transforming the way people learn. Instead of teaching the way we’ve always taught — with laptops replacing textbooks — let’s unleash teacher creativity to incorporating online resources into their pedagogy. The Henrico school system was one of the first in the country to buy laptops for every high school student. Let it be one of the first to tap the online revolution to transform the learning experience.

That’s just the beginning, says Gunst. Henrico needs to push for reforms to the Virginia Retirement System, accelerating the shift from a Defined Benefits plan to a Defined Contribution plan. The county needs to review its real estate portfolio and sell excess property. It should look for functions to outsource or privatize. And (most importantly, in my book) the county needs to broaden its tax base by encouraging re-development and infill at greater densities. Gunst has been a player in the plan to transform Henrico’s main business district, Innsbrook, by means of walkable, mixed-use development. Other parts of the county are well-suited to re-development as well, such as the area around the Staples Mill train station, the busiest Amtrak station in the Southeast.

There is no lack of opportunities, if only Henrico would grasp them. A meals tax would anesthetize the local politicos to the need for fundamental change. Come November, Henrico voters need to reject the meals tax and demand more from  their leaders.

“You Want Maggots With That, Hon?”

Paula DeenBy Peter Galuszka

Free trade capitalists may cheer the proposed $4.7 billion takeover of Virginia icon Smithfield Foods by a Chinese firm, but there is plenty to give pause and the blowback is creating some strange bedfellows.

The major issues are whether one should want Chinese-style management in charge of American corporations given their record on safety and market ethics.

Even arch-conservative Del. Bob Marshall is sounding alarm bells. He wrote in letter to Smithfield’s brass that: “China’s widespread food safety problems are known to American consumers and will engulf Smithfield Foods regardless of the names under which they are sold.”

Among Marshall’s points is that Shuanghui International Holdings Inc., which wants Smithfield, has a record of unsafe practices in its current food operations. He cites press accounts that the firm bought pigs 2011 that contained clenbuterol that was banned in 2002 and that ribs the firm sold last year had maggots and sausage had too much bacteria.

The takeover, which still needs approval from U.S. regulators, took a hit when a few days after its announcement, at least 119 people were killed in a poultry slaughterhouse in Northern China. The Chinese media says that many workers had been locked in the factory, which is a common workplace practice in that country.

In the past two years, some 70,000 Chinese have lost their lives in industrial accidents – a record that make any reasonable person think twice.

To be sure, U.S. firms have had their troubles including some in Virginia. In 2008 and 2009, a salmonella outbreak that killed nine and sickened 666 was traced to filthy operations at a Georgia plant owned by Lynchburg-based Peanut Corporation of America. And, according to the Journal, U.S. firms operating in China may tend to adopt to local practices. In 2011, dust explosions killed four and injured 59 at factories owned by suppliers for Apple Inc.

Shuanhui officials say they want to “learn” about safer practices from Smithfield. And, there could be a case that Western involvement may help the Chinese modernize. Coal mine deaths in 2012 dropped to 1,384, a decrease of nearly 30 percent. Last year, 19 American coal miners died. Of course, China mines nearly three times the amount of coal as China does and a number of U.S. deep mines were slowed or shuttered by market conditions. Not that long ago, however, China was losing up to 5,000 miners every year.

The problem with the Smithfield takeover – if the Chinese executives are to be believed – is that it puts the cart before the horse. If the Chinese own Smithfield their practices and cultural will prevail, no matter how bright a picture they want to paint.

That is something the free traders might want to think about before they follow a Paula Deen recipe calling for Smithfield brand sausage or bacon.

McGlothlin’s GiftGate Connection

mcglothlinBy Peter Galuszka

The McDonnell GiftGate scandal and issues about the disclosure of money and gifts to Virginia politicians has only become more intense.

The Washington Post reported today that Maureen McDonnell, wife of the governor, accepted $36,000 as a paid consultant last year while her husband listed her work as that of a trustee of a philanthropic foundation run by a coal baron.

The Post says that, in fact, Ms. McDonnell was paid as a consultant by the United Company, a coal and real estate firm in Bristol, rather than for the Frances G. and James W. McGlothlin Foundation as her husband reported in state filings.

In doing so, the Post says, “the governor never had to say on his disclosure form how much she was paid.” Spouses of elected officials must report incomes more than $10,000.

First off, the news ratchets up the tension on McDonnell, who did not disclose payments of $15,000 for a wedding meal for his daughter from another firm, Star Scientific, among other benefits. The FBI and the Richmond Commonwealth’s Attorney are investigating.

The new twist includes a new player, James W. McGlothlin, a conservative multi-millionaire who is one of the state’s and Richmond’s biggest philanthropists. A Southwest Virginia native, McGlothlin made lots of money mining and selling metallurgical coal of which his birthplace and surrounding areas have rich reserves.

He started United Coal Co. in the 1970s and branched into other ventures such as golf courses and pharmaceuticals. He sold out for a while and then came back to run the firm which he sold in 2009 for about $1 billion to Ukraine’s Metinvest firm, owned by Rinat Akhmetov, said to be one of Europe’s richest individuals.

Along the way, McGlothlin racked up considerable wealth that he has given away. Perhaps his single largest donation was $100 million for an architecturally significant wing at the Virginia Museum of Fine Art in Richmond along with a $70 million trove of   19th and 20th century artwork, including pieces by Mary Casatt and Winslow Homer. Through his foundation, McGlothlin has supported other good works, such as funding research at the medical school at Virginia Commonwealth University.

A staunch conservative, McGlothlin was a major player in a controversy involving the 2005 firing of Gene Nichol, the president of the College of William & Mary who had been deemed too liberal by critics. Nichol was blamed for changing how a Christian cross was displayed at a chapel and for supporting an art show by sex industry workers. McGlothlin, an alumnus of both W&M undergrad and law school, supposedly threatened to withhold a $12 million donation to the school over Nichol.

McGlothlin told the Post that Maureen McDonnell was paid by his firm and not his foundation although McDonnell reported on state disclosure filings also put out by the Virginia Public Access Project that she had been a “trustee” of the McGlothlin foundation. Apparently, the state’s First Lady made $36,000 — more than a beginning school teacher makes in a year — by spending a few days talking about philanthropy.

Two other points: Ms. McDonnell also had worked in some capacity for Star scientific boosting its dietary supplement products that got her husband in trouble.

Also, as I noted a few days ago, the non-partisan, non-profit VPAP, where many get their information about political giving in Virginia’s lax system, cannot be relied upon if inaccurate information is put into state disclosure filings made by politicians. VPAP is a service, and a good one, but it has no investigative role to vet the data it uses. It never had that mission and there is no state ethics commission to check into filings. That seems up to the news media and prosecutors who made or may not know if something is amiss.

The latest McDonnell disclosure only shows the weakness of the current system.

My Moment of VPAP Clarity

star scientific By Peter Galuszka

Last week, the Virginia Public Access Project held its annual luncheon and invited gubernatorial candidates Kenneth Cuccinelli and Terry McAuliffe to speak. No debate. No questions. Just a few minutes of remarks.

The ballroom of the downtown Richmond Marriott was filled with the usual suspects, including lobbyists, lawyers, corporate officials and politicians. Some reporters were there, but they had been informed that their lunch was not included.

I attended and managed to sneak in a glass of iced tea when I came upon a moment of clarity. VPAP performs a useful service by detailing with sophisticated software and data bases who gives what to whom. I use the services of the non-partisan system all the time and over time, it has become the go-to source in Virginia. There are other services such as the Center for Responsive Politics, but this is the one that drills down in Old Dominion affairs.

Therein lies the problem. VPAP is part of an institution that backs inadvertently benefits from the lax and permissive Virginia-style rules of gift giving to politicians. Gov. Robert McDonnell and Cuccinelli are both caught for not readily disclosing the apparently legal gifts they got from the executive of a suspect company, Star Scientific that is under investigating by the FBI and a local prosecutor.

At the luncheon table sipping my purloined iced tea, I noticed the VPAP program. Its biggest contributors ($10,000 each) are Alpha Natural Resources and Dominion. The former is a Bristol-based coal firm that bought out Massey Energy whose officials are the target of a federal probe that they spent a decade conspiring against mine safety officials and the result was the death of 29 in a blast at Upper Big Branch mine in Montcoal, W.Va., on April 5, 2010, the worst in 40 years.

Alpha says it is trying to correct the defects in the Massey organization in bought but it, too, is a huge player on the political front and has its own agenda, such as keeping alive a destructive type of mining called mountaintop removal. Dominion has a highly sophisticated advocacy operation since its survival depends on regulation. Other big-time VPAP contributors are car dealers, tobacco giant Altria, Comcast, lobbying law firm McGuireWoods, health groups, a few other utilities, and so on. Even NOVA real estate John “Til” Hazel is on the list, but much farther down.

I really didn’t see any citizen groups or anyone that wasn’t bound to benefit by giving legal gifts of jumbo shrimp, lakeside vacations or money to someone in a position of power in the state.

The problem, therefore, isn’t the fact that anything is illegal, but just about everything is and it is peculiar to Virginia. I was amused to read New York Times columnist Gail Collins write this morning about Virginia’s anything-goes gift policies:

“Under Virginia’s ethics laws the governor can accept anything – house, car private jet, former Soviet republic – as long as he puts it in the proper form.”

Ms. Collins details the familiar Giftgate issues, stating:

“Looks like an investigation for Attorney General Kenneth Cuccinelli. Except — whoops – it turned out that Cuccinelli had also taken gifts from the same business man, some of which he, too, had failed to report.”

She adds: “ Perhaps unreported freebies will be a big campaign issue. Although in a more perfect world, voters might focus on the attorney general’s two-year investigation of a University of Virginia scientist for the crime of believing in global warming.”

All good points from someone far enough from Virginia and its entrenched gift-giving structure that is designed precisely to enhance the influence of the rich and elite while pretending to let all Virginians now what is going on.

It is time for a basic rethink and restructure.

The Cooch’s Freak Show Dream Team

cooch dream teamBy Peter Galuszka

Ken Cuccinelli just can’t keep away from the bizarre, but perhaps that’s what makes him what he is.

He stages a convention instead of a primary to neuter Bill Bolling. And since a convention is smaller, it draws more GOP hard-righters than  June bugs on a humid night and they succeed in getting Bishop E.W. Jackson and Mark Obenshain selected. They underline the social conservatism that turns millions off and makes Virginia the butt of jokes on late night talk shows.

The Bishop is an even bigger gay basher than Cuccinelli and says that Planned Parenthood is responsible for more fatalities among African-Americans than the Ku Klux Klan. This may be new to a Harvard Law graduate, but women of any color have a legal right to an abortion within limits. The U.S. Supreme Court said so. Look under Roe vs. Wade.

Then there is the attorney general candidate Mark Obenshain of the legacy Republican family. He proposed and withdrew legislation to require any woman in Virginia who miscarries a pregnancy to report it to the police. The idea is so repulsive it is beyond words. A woman may have miscarried to her great sorrow due to medical reasons and then would have to go through the added horror of having to report to the police? Yes, this comes from a cabal that otherwise wants to keep the government out of your lives. Even Josef Stalin wouldn’t think of this.

What does the dream team have to say on the many policy issues facing a troubled state? We have a bunch of lame and poorly thought out tax cuts and Cooch playing hardware store populist. Cuccinelli was against McDonnnell’s mammoth road building tax plan and has since backed away from his opposition.

Is this good news for Terry McAuliffe, who has plenty of issues of his own? Yes, I would think. Cuccinelli doesn’t need the fringe hard right voters. He’s already got them in his pocket. He needs the center and Mark and the Bishop aren’t going to be much help there.

It boggles the mind how Virginia is so schizo. It is attracting hundreds of thousands of newcomers who are running the state’s economy and are dragging it into the 21st century world. Yet the Republicans put up people like this who aren’t dragging us to Virginia’s recent dark past but to medieval times.

Global investors might think twice or three times before investing in this freak show.

We Have Trouble in River City

corruption
by James A. Bacon

As much as it pains me to serve Virginia-bashing fodder to Don the Ripper and PeterG on a platter, I follow the facts and evidence wherever it leads. And the findings from a new paper published by Filipe R. Campante and Quoc-Anh Do, “Isolated Capital Cities, Accountability and Corruption: Evidence from US States,” do not paint a pretty picture of the Old Dominion.

It is the hypothesis of Campante and Do that there is a strong correlation between the geographic isolation of a U.S. state capital and the level of corruption in state government. The authors argue that geographic isolation, as measured by the average log distance of the population to the capital, results in less media oversight, a lower level of voter interest and a greater propensity for bad guys to engage in corrupt practices. They measure corruption as the number of federal convictions for corruption-related crimes relative (1976 to 2002) to the size of the population.

The authors rank the 10 most isolated state capitals and 10 least isolated, using two measures, and Virginia falls into neither basket. Presumably, Richmond lies somewhere between the two extremes regarding geographic isolation. Richmond itself is only the third largest population center in the state. On the other hand, the capital is reasonably centrally located vis a vis the statewide population distribution. Residents of Wise County famously say that they are located closer to seven other state capitals than Richmond… but Wise and other counties in the far southwest comprise only a tiny percentage of the total population.

There are two reasons to be distressed by the graph above, which is taken from the study. First, by my count, 32 other states have a lower per capita-adjusted rate of corruption than Virginia. We’re not up there with Louisiana, New York or Illinois, but we’re not the squeaky-clean place that so many would like to think we are.

Second, adding insult to injury, our corruption level is significantly higher than the level that would be predicted by geographic isolation alone (the brown line). In other words, there are other, unidentified factors at work contributing to Virginia’s corruption. I’m guessing that Don could suggest a few candidates.

The only potentially mitigating aspect of this study that I could find is the fact that the corruption-conviction data are old — more than 10 years old. It is conceivable that conviction rates in Virginia have declined since then. But, then, it is also possible that they have increased.

I would be interested to see the study’s Virginia-related data. Do voter participation rates tends to decline with greater distances from the capital? Do Virginians tend to be less interested in state politics in the larger media centers of Washington and Hampton Roads, where newspapers might have greater resources to identify corrupt dealings? Inquisitive minds would like to know.

Governor Bob as King George?

Bob Marshall

Bob Marshall

This quote from Del. Bob Marshall, R-Manassas, at the Commonwealth Transportation Board was just too good to bury in the longer news story I filed last night….

Here’s the context: Marshall was making the argument that the Virginia Department of Transportation and McDonnell administration had provided insufficient transparency to the approval process for the Bi-County Parkway (a key link in the North-South Corridor) and inadequate opportunities for citizens to express their opinions. He then referred to the CTB meeting itself, where only a dozen or so residents among the hundreds who had gathered in Northern Virginia meetings to protest the project, had made an appearance. Holding a CTB meeting more than 100 miles away in Richmond, in the middle of a weekday when working people affected by the project cannot in all practicality attend, he said, “is a profound disservice to citizens.”

Then he added this zinger:

Reflect on this fact and consider that America’s Founding Fathers detected the same fault in Britain’s King George: “He has called together legislative bodies at places unusual, uncomfortable, and distant from the repository of their public records, for the sole purpose of fatiguing them into compliance with his measures.”

Shades of the Tea Party? The Bi-County Parkway is giving rise to the same alliance that defeated a proposed increase in the regional sales tax a decade ago: small-government fiscal conservatives and Smart Growth-minded liberals. Governor Bob McDonnell would do well to reflect upon his legacy.

– JAB

Were taxes paid on Kaine, Cuccinelli and McDonnell’s “gifts”?

irsDo look a gift horse in the mouth.  As I read more and more about the tendency of Virginia’s elected officials to line their pockets with other people’s money I began wondering about the tax implications of such “perks of political office.” Even to a layman like me the IRS rules on gifts seem pretty straightforward.  The only slight debate on gift taxes relates to who should pay the tax. Per the IRS website: “The donor is generally responsible for paying the gift tax. Under special arrangements the donee may agree to pay the tax instead.”

For the love of loopholes.  One big loophole in gift taxes is the exclusion amount.  The IRS code allows a tax-free giving of gifts up to a certain amount each year.  In its benevolence to the wealthy Congress has been rapidly escalating this exclusion level in recent years.  The annual exclusion applies to each donee and is $11,000 in 2002-2005, $12,000 in 2006-2008, $13,000 in 2009-2012 and $14,000 on or after January 1, 2013.

Virginia’s hall of shame.  Virginia politicians love their “gifts.”  They can take pretty much anything in any quantity from anybody.  The only requirement is that they disclose the gifts (a requirement apparently too onerous for Ken Cuccinelli).  So, let’s take a trip down memory lane and look at some of the “gifts” received by the former governor, the current governor and the would be governor.

Tim Kaine.  Kaine wasted no time in reaping the benefits of elected office.  In 2005 Kaine accepted a five star Caribbean vacation from Albermarle County investor James B. Murray, Jr.  Kaine reported the value of the gift at $18,000.  In 2005 the exclusion limit was $11,000.  So, we have a $7,000 overage.  Assuming this overage was taxable – did anybody pay the taxes on that $7,000?

Bob McDonnell.  The McDonnell clan loves gifts.  In fact, they love gifts so much it can be hard to sort it all out.  Fortunately, Progressiveva has sorted it out for us.  Just from Star Scientific to Bob McDonnell we see $2,268 in lodging and entertainment in 2011 and $7,382 in free air fare in 2012.  Of course there is also that pesky $15,000 gift to McDonnell’s daughter in 2011 as well.  McDonnell falls below the exclusion allowance in 2011 and 2012 but his daughter does not.  The $15,000 gift should have generated a taxable $2,000 in 2011.  Did anybody  pay the taxes on that?

Ken Cuccinelli.  It is said that elephants never forget.  However, members of the elephant clan are not so lucky.  Ken “what day is it?” Cuccinelli seems hard pressed to remember all the gifts he has received from Star Scientific over the years.  So far, Cuccinelli has managed to recollect $12,965 in gifts from Star Scientific in 2011 and $3,000 in 2012.  Lucky Kenny comes in $35 below the $13,000 exclusionary limit in 2011.  Let’s hope our Attorney General doesn’t have any more flashes of lucidity in remembering any additional gifts from Star Scientific in 2011.

To be clear.  The donors or recipients may have very well paid the required taxes on the value of the gifts exceeding the exclusion level.  But given the sensitivity of these gifts and the fact that all three gentlemen are presently elected officials, shouldn’t Kaine and McDonnell publicly verify that all the required taxes were paid?  A simple public statement saying that all required federal and state taxes were paid would be enough for me.

- D.J. Rippert

Still Looking for the Scandal

Jonnie R. Williams. Photo credit: Times-Dispatch

Jonnie R. Williams. Photo credit: Times-Dispatch

by James A. Bacon

Virginia’s GiftGate has escalated from a minor brouhaha into a full-fledged media feeding frenzy with national overtones. The Washington Post editorial page has referred to the relationship with Star Scientific founder Jonnie R. Williams Sr. and Virginia’s two leading elected officials, Governor Bob McDonnell and Attorney General Ken Cuccinell, as “Virginia’s deepening scandal.”

Rachel Maddow, the MSNBC host who has elevated snark to an art-form, has declared, “Yes, Virginia, there is a scandal at hand.” She lambasted the governor for such reprehensible behavior as vacationing at Williams’ lake house at Smith Mountain Lake and riding back to Richmond in Williams’ Ferrari — which, she hastened to inform us, has “a retail price of $190,000.”

Based upon the reporting that I have seen, however, it is way premature to call the revelations a “scandal.” The media are making a Himalayan mountain chain out of a series of molehills. There is absolutely no evidence — at this point — that either McDonnell or Cuccinelli reciprocated Williams’ generosity with favors or special treatment.

Let me hasten to add a very important caveat. While I remain less than impressed by the allegedly scandalous dimensions of the affair based upon the evidence presented so far, I am more than willing to revise my appraisal if more substantive information turns up.

Also, let me make clear, I have no problem with the media running down the facts. A critical role of the Fourth Estate is to investigate the intersection of wealth and power. The bigger and more all-encompassing government gets and the more corporations seek to gain competitive advantage in the marketplace through the currying of political favor, the more imperative it is for the media to stand vigilant. Those in power need to know that their relationships and actions will be scrutinized for their propriety.

Further, neither McDonnell nor Cuccinelli did themselves any favors with the sloppy reporting of gifts from Williams, most notoriously the $15,000 Williams paid toward the banquet for McDonnell’s daughter’s wedding. McDonnell’s excuse that he did not report the contribution because it was a gift to his daughter came across as particularly lame.

Further, I do consider it unseemly that the First Lady, Maureen McDonnell, would travel to Florida to promote the Anatabloc anti-inflammatory supplement produced by Williams’ company, Star Scientific. Do we want Virginia’s First Lady flacking for corporate interests? Not me, not unless her appearance has been vetted by bureaucratic economic-development authorities. Finally, Cuccinelli, who owned stock in Star Scientific, should have recused himself from any involvement in litigation by the Attorney General’s office over the company’s unpaid taxes as soon as the situation arose rather than waiting for his relationship with Williams to be made public.

McDonnell and Cuccinelli are big boys. They know how the game is played. And they deserve to take heat for their oversights. But if those offenses amount to a “scandal,” it’s pretty weak stuff. Where’s the quid pro quo? Where is the string pulling? Where’s the abuse of power? Where’s the big pay-off for Williams or Star Scientific?

As a prime instigator of the media frenzy, The Washington Post devoted an entire article to an incident in which Star Scientific repaid hundreds of thousands of dollars of incentive money when it failed to live up to investment and job goals. Read the lead:

Star Scientific, whose chief executive paid for the food at the wedding of Gov. Bob McDonnell’s daughter, failed to create enough jobs to meet its part of an economic development deal with Virginia and was forced to repay hundreds of thousands of dollars.

Oooh, that sounds deplorable. But it turns out that Star Scientific received the grant in 2002 — during the Warner administration! Governor Mark Warner had approved a $300,000 grant from the Governor’s Opportunity Fund as part of a $1 million incentive package when Star Scientific expanded a facility in Mecklenburg County. The $49.9 million project was supposed to create 315 jobs but it didn’t. Failing to meet investment and job goals outlined in his agreement with the state, Star Scientific returned the money in 2008 — during the Kaine administration. The system worked precisely as it was designed to. And none of this had anything remotely to do with McDonnell. What was the point of the article?

What we appear to have is an instance of a wealthy entrepreneur with Republican sentiments contributing lots of money to two Republican grandees and going out of his way to court a friendship with them. One might legitimately ask why. One might legitimately inquire if Williams was angling for some kind of favor. That’s why the public scrutiny is fully warranted. But to term the friendship a “scandal” at this point seems absurd. There is no public evidence that Williams received — or even asked for — special treatment.

Right now, it appears that that Williams, a wealthy man, likes to surround himself with rich and powerful friends and that McDonnell and Cuccinelli, both powerful men, enjoy the friendship of a guy with big houses and flashy cars.

If that’s a “scandal,” then it’s one that every governor of Virginia — and every governor of every state in the union — is undoubtedly guilty of.

Who is Contractor A?

Contractor AAn audit of MWAA management practices found that a mysterious “Contractor A” charged more than other contractors for the same work — and kept getting business. Who is this company? Who got the money? And why doesn’t anyone seem to care?

by Bob Bruhns

At the request of Representatives Frank Wolf, R-VA, and Tom Latham, R-IA, the Office of the Inspector General of the U.S. Department of Transportation audited the management of the Metropolitan Washington Airports Authority last year. On November 1, 2012, the Inspector General issued the final report on its audit. The title said it all: “MWAA’s Weak Policies and Procedures Have Led to Questionable Procurement Practices, Mismanagement, and a Lack of Overall Accountability.”

Not only were high-priced contracts awarded improperly, the auditors found, but one particular contractor was winning an inordinate number of contracts despite the fact that it charged much more than other contractors.

MWAA mismanagement was endemic. States the report:

MWAA issued out-of-scope contract actions over $200,000 — including contract modifications and task orders — without required Board approval. From our statistical sample of 24 out of 343 active MWAA contracts, we identified 8 for which MWAA issued a total of 20 out-of-scope contract actions with a combined value of $57 million. Based on these findings, we project that MWAA has issued $107.6 million in out-of-scope contract actions on contracts active as of June 2011.

The report goes on to discuss an unidentified “Contractor A” that won a disproportionate number of contracts even though it charged more for its services:

Over the past 8 years, MWAA awarded more than 80 percent of work under three groups of multiple- award contracts to a single contractor (“Contractor A” in table 2). However, the contractor’s rates were often higher than the other multiple-award contractors’ rates. For example, the contractor’s rates in a 2012 contract were between 28 percent and 234 percent higher. While MWAA may have had non-price related reasons for selecting Contractor A, this unbalanced distribution of work to a single contractor with significantly higher rates appears contrary to the purpose of multiple-award contracts..

So, the inspector general’s report estimates that there was about $108 million in improper contracting — just in the contracts that happened to be active in 2011 – and that Contractor A benefited from eight years of contracts billed at a rate that the report typifies as 1.28 to 3.34 times what other contractors charged for the same work.

The report continues: “In addition, MWAA allowed Contractor A to add job categories to a contract but did not offer the other multiple-award contractors the same opportunity. Thus, when MWAA ordered work related to those additional job categories, they were effectively sole-source awards because only one contractor was able to accept the work.”


It is hard to avoid the appearance that MWAA was funneling multimillion-dollar contracts to Contractor A at higher-than-market rates.

The report continues: “In July 2012, MWAA’s Procurement and Contracts Department established guidelines requiring contracting officers to select contractors under multiple-award contracts for temporary staff. However, this policy only applies to temporary staffing contracts rather than to all multiple-award contracts.”

In other words, as of July 2012, MWAA policy apparently still allowed the selective multiple award contracting that it undertook for years with Contractor A. Read more.