Category Archives: Governance

Virginia Pandemic Emergency Plan Was Never Exercised


by James C. Sherlock

As we suspected, Virginia did not exercise its Pandemic Emergency Plan from the time it was published in 2012 until COVID-19 struck.

I received the following response today to a FOIA request I sent to the Commonwealth of Virginia Department of Emergency Management:

The Virginia Department of Emergency Management (VDEM) received your February 13, 2021, email regarding a document request. In that request, you seek:

“Existing VDEM records of Virginia state, regional, and local participation in the National Exercise Program since 2012 at every level of training and exercises that addressed Infectious Disease and Biological Incidents.”

VDEM does not have any documentation that meets the requirements of your request. As a result, pursuant to Va. Code § 2.2-3704.B.3, VDEM notes that no records or data exists in response to your request.

Is “oops” a good enough response for the Governor? It appears so.

The Democratic Coalition’s Conflicts of Interest Cause Much Political Scrambling

by James C. Sherlock

It is tough to be a Democratic politician in Richmond or Washington. Now that they govern, they find it one big game of coalition whack-a-mole.

I have written today of the conflicts between the interests of teachers unions and those of parents playing out in the Virginia General Assembly. That vital Democratic suburban women demo is in play.

That is the tip of the iceberg for Democrats. They have assembled a coalition whose interests are fundamentally opposed. Those fissures are only fully exposed when they have unfettered governance, which they have now both in Richmond and Washington.

The only things they seem to agree on are big government, free money and government regulation and control of nearly everything except their own interests.

After that, it gets dicey. Continue reading

Union-Written Bill Fundamentally Redefines Public Schools

by James C. Sherlock

Becky Pringle, NEA President

Democrats are attempting to rush through a bill to provide political cover from a backlash by parents against the continuing closure of Virginia schools.

Never ones to let a crisis go to waste, they have put union-written provisions in the bill that will permanently change the nature of the public schools for the worse.

So let’s look at Virginia SENATE BILL NO. 1303 AMENDMENT IN THE NATURE OF A SUBSTITUTE Local school divisions; availability of virtual and in-person learning to all students

There are four provisions in the bill that will change Virginia public schools, some forever. Continue reading

Business as Usual in the Virginia Senate – “Dominion Dick” Saslaw Delivers

Sen. Dick Saslaw (D)

by James C. Sherlock

Associate Press headline Feb. 15: “Virginia Senate Democrats kill electric rate reform bills.”

Fish gotta swim, Senator Richard L. “Dominion Dick” Saslaw gotta be Senate Majority Leader and Chairman of the Virginia Senate Commerce and Labor Committee.

Saslaw has received nearly a half million dollars in campaign donations from Dominion Energy and its previous CEO, Thomas Farrell. The Chairman literally would be cheap at ten times the price.

From the AP:

“The Senate Commerce and Labor Committee on Monday swiftly killed the last of more than half a dozen bills this session that aimed to reform Virginia’s system of electric utility rate review, which is seen by Wall Street investors as favorable to the utilities and by critics as an example of legislative capture by companies with an outsize influence over the General Assembly.”

Dominion sweeping all before it actually gives some sense of stability to the General Assembly.

Below is a list of campaign donations by Dominion Energy and Tom Farrell to the Senators who voted with Dominion on the closest vote, 8-7 to table Virginia HB1132 Electric utility regulation; initial triennial review, requirements, sponsored by Del. Jay Jones (D). Continue reading

All According to Plan – the Biggest Government Scandal in Virginia History

by James C. Sherlock

The Virginia Mercury published  an excellent article on the difficulties being encountered in Virginia in scheduling COVID shots.

But who could have anticipated the need? Who indeed.

This story is part of the single biggest government scandal in Virginia history and the press is either ignorant of the underlying issue or has ignored it. I think ignorance is more likely. Certainly Governor Northam’s executive branch made every effort to hide it from them.

I say the executive branch because I firmly believe — and hope really — the Governor himself never had a clue.

The now-hidden-from-public-view Commonwealth of Virginia Emergency Operations Plan, Hazard-Specific Annex #4 Pandemic Influenza Response (Non-Clinical), Virginia Department of Emergency Management August 2012 (the Plan) required planning and exercise of a vaccine distribution plan and much more.

Never happened.

The Plan specified planning, exercise and operational responsibilities for
the following executive branch organizations: Continue reading

Medicare for All – A Cautionary Tale

The Business of Healthcare

by James C. Sherlock

For those of you who think “Medicare for All” would be a good thing, I offer a cautionary tale from Becker’s Hospital CFO Report titled Hospitals barred from suing over $840M pay cut.

A group of more than 680 hospitals can’t revive a lawsuit saying they lost $840 million in payments because of adjustments made by federal regulators to make up for a Medicare shortfall, according to Bloomberg Law.

On Feb. 9, the U.S. Court of Appeals for the District of Columbia held that federal law bars the hospitals’ lawsuit. At issue was whether HHS unlawfully extended a program to make up an $11 billion Medicare shortfall.

Continue reading

Holding Richmond Public Schools Accountable — Part I

by James C. Sherlock

We have discussed here the failures of the City of Richmond Public Schools (RPS) in educating its economically disadvantaged children, as well as the abysmal performance of Black children in its schools.  

I intend to help readers understand how it manages to fail repeatedly even with major federal funding as guardrails and state oversight officially in place.

Title I of the Elementary and Secondary Education Act (ESEA) provides financial assistance to local educational agencies (LEAs) such as RPS and its schools with high numbers or high percentages of children from low-income families to help ensure that all children meet state academic standards.

It is useful to drill down into the details of that program so that readers can understand how every school district in Virginia is supposed to plan and execute the education of poor kids to improve their chances of success.

The question that will remain when I finish will be accountability.  

How does a system like the Richmond Public Schools continue to submit similar paperwork every year and every year fail to meet its stated goals? Where is the accountability? Why do the people of Richmond put up with it?  Continue reading

Basic Child Literacy Cannot Be too Much to Ask of Richmond City Public Schools

by James C. Sherlock

Half of Black 4th graders in Richmond public schools couldn’t read in 2019. That is not OK.

It is way past time to demand both better performance and accountability. Clearly neither the city of Richmond nor the Commonwealth has done that effectively.

So I have filed formal complaints with the federal government to see if the Departments that provide federal money to the Richmond City Public School District can establish accountability for how all of that money has been spent.

Jason Kamras currently serves as the Superintendent of Richmond Public Schools (RPS). He has first-rate credentials — National Teacher of the Year in 2005, undergraduate Princeton, masters in education from Harvard. Worked in leadership positions in D.C. Public Schools before coming to Richmond.

He is the highest-paid superintendent in Richmond history at $250,000 annually. His initial three-year contract was slated to expire this summer.  He just received a 4-year extension on a split 6-3 vote by the Richmond School Board.

The performance of Mr. Kamras’ Richmond School District is cataclysmically bad.   Continue reading

Consumer Reports Misleads on Virginia EV Bill

Great Seal of Virginia

by James C. Sherlock

Few media outlets are as influential with their readership as Consumer Reports or as active in soliciting direct contact of public officials on issues that management feels are important to that publication’s political values. That is their right, but false statements in support of their positions is a violation of public trust.

I received yesterday afternoon in my email a solicitation for political action in Virginia pushed out by Consumer Reports to all subscribers. It read:

Earlier this week, the Virginia House of Delegates approved an exciting piece of legislation that would allow the state to make it easier for consumers to buy fuel-efficient and electric vehicles at car dealerships in the Commonwealth.

That in turn could help drivers save money on fuel and reduce our air pollution: a win-win no matter how you slice it.

But before the bill can get signed into law, it must pass through the Senate by next week. Can you send a message to your VA Senator now and ask them to vote YES on House Bill 1965?

Continue reading

Virginia’s Legendary Corruption Blocks Antitrust Enforcement

Great Seal of Virginia

by James C. Sherlock

Readers of this blog have indicated an unquenchable appetite for information about and discussion of Virginia’s Certificate of Public Need (COPN) law and its administration.

This essay informs on the negative impacts of the COPN law and the Virginia Antitrust Act (the Act) itself on the enforcement of antitrust laws against Virginia’s regional hospital monopolies.

First, know that the business activities that some of Virginia’s hospital monopolies exhibit can already be deemed illegal under both federal and state antitrust laws. But the Act gives them a special dispensation, complicates both state and federal antitrust enforcement and results directly in the in-your-face anticompetitive activities we see every day.

The federal government (and once even Bob McDonnell as Virginia Attorney General) occasionally have intervened to block interstate mergers or in-state acquisitions before they occur, but always within the federal administrative and court systems, and they have never challenged COPN decisions.

But no government agency has ever sued over the business activities of Virginia’s COPN-constructed monopolies. Continue reading

Virginia’s Physicians and Nurses Must Take – Yes, Take – More Influence Over Virginia Health Policy

Virginia Health Service Areas and Health Districts

by James C. Sherlock

As I have studied and reported upon Virginia’s struggles in COVID response, many things have come into focus that need to be done better in healthcare. I have reported on a lot of them here and called for changes.

One major, overarching flaw needs attention.  

Virginia’s physicians and nurses do not have sufficient influence over health laws, policy, regulations, Department of Health oversight or health programs.  Physicians and nurses as organized groups largely were neither consulted or listened to in COVID response policy. If you doubt it, ask them. They are beyond frustrated.  

When you needed a COVID vaccination, were you able to get one from your doctor or nurse practitioner? Didn’t think so.

I will recommend here a way to change the balance of influence. It is important to all Virginians that it indeed be altered. Continue reading

And They SWaM and They SWaM

By Dick Hall-Sizemore

Governor Northam is moving to increase the amount of business that goes to companies owned by women or minorities.

A little background would help put the pending legislation into perspective. There have long been programs at the federal, state, and local levels that serve to give some preferences to small businesses, as well as to businesses owned by women and minorities. These programs have generally been upheld by the courts. Indeed, one of the leading cases in this area arose out of a suit brought in Virginia—City of Richmond v. J.A. Croson Company, 488 U.S. 469 (1989). The case law surrounding this issue is fairly complicated.  A summary can be found here in the recent diversity report commissioned by the Department of Small Business and Supplier Diversity (DSBSD). A more detailed analysis can be found here in an earlier report. Continue reading

Dysfunction Exposed in COVID Demands Overhaul of Virginia’s Government

by James C. Sherlock

Great Seal of Virginia

We all like to discuss the politics of things. That in many instances is appropriate. But political leadership is neither the problem nor the solution I will discuss here today.  

We will spend every day between now and November’s election debating how the politicians responded to COVID. And we should. But our state government has failed both us and our elected leaders.  

I submit that the failures of the bureaucracies would have crippled elected officials from either party. We need desperately to fix the laws, regulations and bureaucratic structures that harbor such failures as permanently as we are able.

I will suggest a path.

What needs to be done?

I wrote in late March in praise of Virginia’s pandemic influenza emergency plan and published key details the next day. Two days later I discovered the coverup. The plan had been removed from public view on state websites, never to be heard of again. Continue reading

Probably a Coincidence – COPN, the Monopolization of Health Care and the Marginalization of the Poor

by James C. Sherlock

The Business of Healthcare in Virginia

I have been asked many times about how freer markets in healthcare can coexist with our need to treat the poor. I will try to briefly cover some of the complexities of the answer to that question.

And I will show that of all of the government healthcare control systems, COPN is the only one that has proven to disproportionally hurt poor and minority populations by its decisions and their effects.  

And it does so by design. Continue reading

COPN Scores a Kill

by James C. Sherlock

More than eleven months ago I wrote an essay titled, “The Legal Corruption of (Virginia’s Certificate of Public Need) COPN.” That system needs overhaul, not adjustment, and the people of Hampton Roads need help.  The Governor needs to lead in both efforts.

Today I offer the third in a series (first two here and here ) of essays providing background and potential future solutions to the closure of Bon Secours DePaul Hospital in Norfolk.

This is the story of the public, state-sponsored execution of DePaul and a simultaneous attempt to create a bleak future for Bon Secours in Hampton Roads.

COPN mortally wounded that hospital in 2008. It lasted until now as Sentara gnawed away at it  Its death was announced this past week. Pending is how Bon Secours will look at its future in Hampton Roads.

Continue reading