Category Archives: Governance

Feeding Petersburg

Garrison Coward oversees Gov. Youngkin’s Partnership for Petersburg initiative – photo contributed to the Progress-Index

by James C. Sherlock

I have written in this space many times about the struggles of Petersburg.

Petersburg is blessed in one way.

The Progress-Index’s Bill Atkinson and Joyce Chu may be the best pair of local news reporters working in Virginia.

Mr. Atkinson, in a series of reports, has detailed the continuing struggles of that city to get a grocery store downtown.

The big grocers surround the center of the city in more prosperous, safer areas but have not entered there.

Food Markets in Petersburg courtesy of Bing Maps

It is no secret why. Poverty and crime do not attract retailers vulnerable to shoplifting and worse. And Petersburg is among the poorest and most crime-ridden in Virginia.

A recent Petersburg solicitation for interest in building a grocery store downtown drew no bidders.

The Governor has a broad Partnership for Petersburg initiative to help Petersburg help itself  It is run by Garrison Coward, an external-affairs senior advisor to Gov. Youngkin.

He reports that the Governor is “hell-bent” on seeing a grocery store built there.

I will offer an idea. Continue reading

Public Hearing, Private Decision

by Joe Fitzgerald

The Bluestone Town Center (BTC), according to council members who voted 3-2 to approve it, was decided in secret meetings between those council members and the applicants. At Tuesday’s open meeting in which they voted to approve BTC, those council members rather shamelessly admitted to those sessions.

City staff and the city manager effectively sat on their hands during the discussion, which brought questionable numbers and questionable rhetoric from rookie council members Dany Fleming and Monica Robinson, respectively. It was left to Councilman Chris Jones and Mayor Deanna Reed to present the arguments against the development with an assist from City Attorney Chris Brown.

The city manager was mostly silent throughout the conversation.

Also mostly silent was Councilwoman Laura Dent. She made the motion to grant the rezoning BTC sought, and followed the motion with a rambling explanation of what she seemed to say was one of the best things about the project for her, the promise of solar energy panels. Her motion effectively released the developers from their legally binding proffer to provide the panels, but she said she believed they would be installed anyway based on her private discussions with the developers. Continue reading

Virginia Emergency Management During COVID – A Well-Documented Scandal

By James C. Sherlock

The National Incident Management System Preparedness Cycle

We could see it wasn’t right as it unfolded.

Virginia’s flawed response to COVID was slow for all Virginians.

Fatal for some.

But the public just saw the broad stroke external effects.

  • We saw executive orders that seemed sudden, sweeping, and disconnected from the information we had. It turns out that often the governor himself was operating in an information vacuum.
  • In the pandemic’s early phases, the Commonwealth finished last or next to last among states in crucial responses like testing and vaccination program rollouts.  Everything seemed to be invented ad hoc rather than from a plan.  It turns out that was true.
  • There was a prescient and well-drawn pandemic operations plan that had been produced by a contractor, but virtually no one in the administration knew what it required, and certainly had never practiced it in any meaningful way or fine-tuned it based on realistic exercises.  When BR found and reported on that plan in 2020, it was pulled from public view.

It is important to make sure that doesn’t happen again, whether in another pandemic or in a cyber attack, hurricane, flood, mass shooting, kinetic terrorist attack, nuclear plant emergency, or something else.

In response to my request, a very cooperative Virginia Department of Emergency Management (VDEM) FOIA official has provided a remarkable and profoundly disturbing two-volume series detailing a running history and operations analysis of what happened inside the government.

It is titled “COVID-19 Pandemic History and After Action ReportVol. 1 (covers 2020) and Vol. 2. (covers 2021) hereafter referred to as the HAAR.

It was compiled and written under contract by CNA, a highly regarded federal contractor, who had people on site in Richmond during the COVID response.

The HAAR describes and assesses a series of widespread and seemingly endless internal and external government breakdowns that compromised the health and lives of Virginia’s citizens.

Management turmoil in the state government during COVID was so extensive as to be almost indescribable by any group with less talent than the CNA team.

The HAAR documents that Virginia’s COVID response was hamstrung by a lack of operations management experience in the leadership.

I understand that with authority comes responsibility.

But the governor, his Secretary of Health and Human Resources, and his Health Commissioner were effectively the chain of decision makers during COVID.  All three were physicians.

But that is one reason we have a civil service.

Virginia’s civil service failed to prepare for its roles in emergency response long before Ralph Northam was governor.  HAAR documents the complete inability of the bureaucracy to plan, organize and equip, train for, exercise and execute emergency plans.

It is clear to me that without capable civil service support, no administration would have fared well.  I hope, by exposing this deadly failure, to prevent the same thing from happening again tomorrow.

I will make strategic recommendations here in this first part of what will be a series on this issue.

Continue reading

Richmond’s Skinny Budget: Low Stakes Poker, High Stakes Rhetoric

by Shaun Kenney

Virginia’s General Assembly managed to pass the Richmond equivalent of a continuing resolution to fund the government until Senate Democrats and House Republicans can hammer out a compromise on corporate tax breaks.

One will have to pardon me for not getting terribly wound up about tax breaks for corporations while small businesses and working families are struggling with back-to-back  years of 9 percent inflation from Washington.

Meanwhile, much of the damage done by the Northam administration with regard to Critical Race Theory, Diversity, Equity, and Inclusion (DEI) requirements, gender ideology, and the long litany of progressive efforts to remake Virginia were left both untouched and unchallenged.

Even school choice — the marquee legislation championed by Lt. Governor Winsome Sears — was left to die in committee.

Meanwhile, Senate Democrats are promising a “brick wall” against House Republicans until they get what they want — in other words, reneging on the pledge from conferees to honor a $950 million tax cut. The stopgap fixes the $200 million shortfall snafu created by the Virginia Department of Education’s spreadsheet, puts another $25 million into the Virginia Retirement System, and another $100 million towards cost overruns for existing building infrastructure. What mystifies most is that the Senate Democrats haven’t been precisely clear on what they want beyond platitudes for higher salaries for bureaucrats, public education, higher education, etc. Continue reading

Virginia Law Enables School Violence – School Board Policies Can Correct It

Courtesy NBC 6                                                             6’7” 270 pound student assaults teaching aide

by James C. Sherlock

In 2019, the National Education Association (NEA) published Threatened and Attacked By Students: When Work Hurts, urging lawmakers to address the crisis of unsafe behaviors in schools.

Read about Chesterfield schools in that article.

Unfazed, progressives in 2020 in full control of the General Assembly, led by now-Congresswoman-elect Jennifer McClellan, looked to break what they considered a “school-to-prison pipeline.”

They changed Virginia law to eliminate the requirement for principals to report misdemeanor assault and battery in Virginia schools, on school buses or at school-sponsored events to law enforcement.

Even battery on school staff.

It would seem to me, if I worked in a school, useful to require such violence to be reported to law enforcement.

But maybe that’s just me. Continue reading

Unconstitutional Viewpoint Discrimination in Virginia K-12 Teacher Evaluation Standards

Daniel Gecker Esq., President of the Virginia Board of Education. Appointed to the Board of Education by Governor Terry McAuliffe and reappointed to a four year term by Governor Ralph Northam. Date of expiration of appointment – June 30, 2023

by James C. Sherlock

Progressives, in the fullness of their dogma, oppose the entire Bill of Rights.

The Bill of Rights is specifically structured to limit the powers of government, which progressives find not only unsuitable, but unimaginable.

In the Golden Age of Progressivism in Virginia, 2020 and 2021, they controlled the governor’s mansion, the General Assembly, the Attorney General’s Office and all of the state agencies.

With total control, they took flight.

They have always known what seldom occurs to conservatives not prone to offend the Bill of Rights.

With total control of state government, progressives can enact and have enacted laws, regulations and policies that violate both the federal and state constitutions.

They know it will take a decade or more for courts to push back. Meanwhile they can call opponents “haters.”

After which the worst that can happen is that nobody is held accountable. Except the taxpayers.

I just exposed unconstitutional viewpoint discrimination in the University of Virginia’s hiring process. that was implemented starting in 2020.

The same fertile progressive imagination is also present in the Board of Education’s new (in 2021) Standard 6. “Culturally Responsive Teaching and Equitable Practices performance indicators” (starting on page xv) in “Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers(Guidelines). Continue reading

For Your Consideration: An Intellectual Freedom Protection Act

by James C. Sherlock

I offer for your consideration the text of a draft Intellectual Freedom Protection Act proposed this morning by the Foundation for Individual Rights and Expression (FIRE).

FIRE is the leading American voice supporting academic freedom, free speech and due process. In doing so they defend democracy itself.

They are what the ACLU was before that organization abandoned the field as an impartial supporter of civil liberties to pick a side.

FIRE defends left and right equally.

I have below eliminated the preamble of the draft law for brevity. Lawyers can find the legal precedents referenced in the preamble here. Continue reading

Government Actors Try to Deflect, Deny and “Move On” from Failures During COVID

Courtesy CBS rendering of two CDC spring of 2021 survey findings about American high school girls reported Monday, Feb 13, 2022

by James C. Sherlock

The Centers for Disease Control and Prevention (CDC) is in full self-defense mode.

CDC and the left backed, indeed insisted, upon social isolation during the pandemic.

Now they deflect and deny agency in the consequences. They continue to try to insulate themselves from the catastrophic educational and mental health effects on children and adolescents of that social isolation.

A weakened CDC Director is pledging to overhaul the agency and its culture, a backhanded admission of the unimaginably bad performance of CDC during COVID.

The entrenched bureaucracy that is that agency and its culture is admitting nothing. They are counting the days until she leaves.

So, if experience counts for anything, we pretty much know how the CDC “overhaul” will work out.

Virginia is due for the same sort of review of state actions during COVID.

The Northam administration stumbled badly at nearly every new turn after failing to either exercise or implement Virginia’s own pandemic emergency plan. Which was excellent and predicted nearly exactly the course of events.

Then they tried to cover up the existence of that plan itself.

I am not sure that such a review is forthcoming. If it is, it will be preemptively be declared political. It must be done anyway.

The federal government, under progressive management, is “moving on.”

Or trying to.

I hope Virginia government does not make the same mistake. Continue reading

RVA 5×5: Needed Resources for Human Resources

by Jon Baliles

Last week we had a story about a glut of open positions at Richmond’s City Hall and the difficulty in filling them. Lo and behold, the Richmond Free Press this week put out an article about the struggle to fill positions as the department responsible for filling those positions (Human Resources, aka HR) is upside down and employees are being told to reapply for their jobs. In case you didn’t read last week’s edition, the HR department has a lot of vacancies which makes it hard to fill any vacancy in any department. HR “is involved in every aspect of employee services, from hiring and retention to designing and administering classification, compensation and performance evaluations, overseeing employee data, handling employee grievances and providing training and development.”

Think of it like a clogged sink — it takes forever for the water to get through. And reporter Jeremy Lazarus notes that word has leaked out that everyone in the department was “told at a staff meeting in early February and urged to reapply for new positions that are being advertised, but that there were no guarantees they would have jobs. But three department employees have separately told the Free Press that effective Friday, all of the remaining full-time employees are to be laid off except for the three top managers….”

And one employee spoke directly but anonymously: “We’ve been told our department is the heartbeat of City Hall, but we’ve been left in the dark. None of us knows what will happen. Maybe we’ll all get rehired. Even so there will be fewer people left to do the work,” the employee said, as result of the transfers that have already taken place.

“I don’t know how everything we’re involved with will get done,” one of the employees said. “The city is fortunate. Instead of running for the exits, for the most part, everyone has stayed on and kept focused on the work. But it becomes so stressful when the reward for loyalty is uncertainty and worry. This is not what we signed up for.”
Continue reading

Child and Adolescent Mental Health and Virginia Public Schools – Dangerous Children’s Services Act Changes Proposed

Credit JAMA Pediatrics, April 6, 2020

by James C. Sherlock

One of the key elements of state and local efforts to support children with behavioral health, educational disabilities, and other challenges is the Children’s Services Act (CSA) (the Act).

In education, its primary role has been paying for placement of children and youth with educational disabilities into private special education schools (PSES).

CSA funds support those students whose educations are judged by the public schools themselves to be too demanding for them to accommodate.

The local CSA Community Policy and Management Teams, appointed by the governing body of the participating local political subdivision, send their own children to those private schools.

I will describe Virginia’s network of PSESs in a follow-on article.

Changes proposed. In a 2020 report, the Joint Legislative Audit and Review Commission (JLARC) had found a long list of seemingly disqualifying flaws in public school special education that would prevent them from accepting students with more severe disabilities than the ones they already try to serve.

Yet there is a movement to remove some severely troubled kids from PSESs back into public schools that have already admitted that they cannot properly serve them.

JLARC, in a disturbingly superficial report in that same year, recommended CSA money be taken away from PSESs and made available to public schools, which is not currently permitted under law.

And that all of the then-fungible CSA school money be administered by the Department of Education, not the Department of Health and Human Resources.

This recommendation was made in the face of the fact that JLARC, in both 2020 reports, admitted the public schools are not equipped to handle these children, much less for the average of 271 days a year they attend PSESs.

So some combination of progressive ed-school dogma, as yet undefined fairy dust and widely non-existent qualified mental health providers and trained special ed teachers are apparently to be sprinkled on the public schools to transform them to be ready to accept children whom they have already referred out to PSESs.

Most of the proposed changes are dangerous, dogmatic and thinly researched nonsense. Continue reading

Child and Adolescent Mental Health and Virginia Public Schools – Big Complications and Major Changes

Credit JAMA Pediatrics, April 6, 2020

by James C. Sherlock

Rebecca Aman, a member of the Newport News School Board, is frustrated. She told me in an interview that:

Without sufficient discipline and access to clinical mental health services, behavioral intervention does not work to make schools safer and healthier.

She believes that Newport News schools need to improve both discipline and the effectiveness of behavioral interventions.

She is absolutely right.

But school-based mental health services offer different, very complex and rapidly changing challenges.

The profession of psychology has recognized that the one-on-one clinical treatment model is permanently out of reach for the broad communities needing assistance because the supply of qualified professionals cannot now and will never meet the demand.

So the delivery model is in the midst of profound change.

Three key changes being pursued are

  • a far bigger emphasis on prevention, much of it to be delivered by school staff;
  • better diagnosis; and
  • “school based” (their term) group treatments.

Which raises at least three questions:

  • Are the pediatric mental health delivery models changing so much that the schools are “shooting behind the rabbit” in the hunt for more services?
  • What does the profession of psychology mean when it describes massively expanded “school-based” services? The schools and parents better find out.
  • Should schools even be in the hunt for more in-school services? I say no. They are already trying to do too much.

Continue reading

Mental Health and Virginia Public Schools – Part 1 – Progressives, School Closures and Child Mental Health

By James C. Sherlock

Credit JAMA Pediatrics, April 6, 2020

We have arrived today at a situation in which huge percentages of Virginia children and adolescents exhibit mental health problems.

Both sides of the political divide acknowledge the problem.

It’s existence is not up for debate.

Both blame the soaring pediatric mental health issues, a problem before COVID, on COVID school shutdowns that caused children to lose foundational developmental experiences that depend in part on socialization in schools and in part on interpersonal relationships with friends, both of which were profoundly interrupted.

Both sides acknowledge that minorities suffered worse than white kids.

That is where the agreements end.

Conservatives blame the disparate mental health impacts largely on easily observable inappropriate responses to COVID insisted upon by progressives and executed for far too long in progressive-run school divisions — in which minority children are mostly educated in America and in Virginia.

Progressives, by dogma never acknowledging agency in any problem, have actively tried to blame those same disparate impacts on institutional racism.

The facts are on the conservative side.

This article will show what progressives did and the results.  Progressive dogma was the cause of extended school closures.  Both the closures and disparate impacts happened disproportionately in progressive school divisions and progressive states.

So progressives closed the schools, closed them disproportionately on minority kids and now bemoan the outcomes of those closures as artifacts of systemic racism.

It reminds one of the story of the young man who killed his parents and asked the judge for leniency because he was an orphan.

It takes some combination of denial, an assumption that people who hear those claims are idiots, and Olympic-level audacity.

Racism, unless it was progressive racism, had nothing to do with it.

Continue reading

Push to Return Federal Workers to Offices – Monsoon or Squall in Northern Virginia

The benefits of 60 years of headlong federal government expansion, Northern Virginia edition.

By James C. Sherlock

The federal government has for nearly three years been paying very expensive leases for D.C area office buildings that are virtually empty.

COVID emergency.  Or was.

Now it is a battle between the comfort of federal employees with working from wherever they can get a good network connection vs. actually showing up at the office.

The feds report that as of the beginning of this calendar year, 47% of federal employees were still working remotely.

Since civilian federal employees thankfully still include people who work in other than an office as their normal place of work, we can assume that more than 47% of Northern Virginia federal workers are working remotely.

And we can assume they like it.  Would you like to try to get to D.C. every day from, say, western Fairfax County, much less the exurbs, if you didn’t have to?

Republicans in the House of Representatives and the Democratic mayor of Washington D.C have formed an unusual coalition to get them back to the office.

Beltway Democrats in the House fought it there and have lost so far .  Senate Democrats and President Biden, mindful that federal employees are one of their most dependable voting blocs, are unlikely to follow the House’s lead.

But it is secretly kind of fun to consider that Northern Virginia would sort of explode if they all tried to return in the same week.

Perhaps the experience would prompt efforts to return some of NOVA to a semblance of livability by distributing the headquarters of most of the agencies across the country.
Continue reading

School Discipline – Part 5 – How and When Democrats Broke Virginia Public Schools

by James C. Sherlock

We read earlier today that the eminent developmental theorist Urie Bronfenbrenner has written:

The more we study human development, the more it becomes clear the family is the most powerful, most humane and, by far, the most economical way of making human beings human.

That truth, however, does not account for the degree that families have broken down in America in the last 60 years, which is, unfortunately, a lot.  The Pew Research Center reported in 2019 that the U.S. has the world’s highest rate of children living in single-parent households.

So we try to impart in school what some children are denied at home: humanity.

The federal government, Virginia government and local school boards have killed a lot of forests with laws, regulations and guidelines (and spent a very large fortune) trying to accomplish that.

I will provide here overwhelming evidence that Ralph Northam and the new Democratic majorities in both houses of the Virginia G.A. in 2020 did catastrophic damage to the schools’ ability to maintain order and thus safety.

The Northam-McAuliffe Board of Education in 2021 finished the job just in time for students to return in progressive-run divisions from as much as a 15-month COVID hiatus from schools.  No conservative-run division was out nearly that long.

So they created a perfect storm based on progressive dogma. At the most vulnerable time in our schools’ history.

They actually discouraged in law the reporting by school principals and teachers to police of cases of assault and battery in schools.

They never considered for a minute the easily foreseeable victims of the changes.

Ask Abby Zwerner about her school’s positive climate. Continue reading

RVA 5×5: State of The City – What The People Think

by Jon Baliles

There is a little-known part of Richmond’s City Code that requires the City Auditor to produce a “Services, Efforts, and Accomplishments” (SEA) Report by conducting a thorough poll/survey of Richmond residents to see what they think about the level of service and performance and deliverability of City government. In other words, it’s the poll that every politician fears more than anything because they can’t B.S. their way past the peoples’ opinions of what they see and experience every day.

Doug Wilder used to say (and still does), “The people are always ahead of the politicians,” and that is never more accurate than with the SEA report presented by the Auditor in February 2022. It received virtually zero attention, but that’s usually what happens with bad news. You try and bury it, label it fake news, or quickly move on to something else.

SEA reports include questions like: Are you satisfied with the overall direction of the City? What is your opinion of the value of services for the taxes paid to Richmond? Does the City do a good job informing residents about issues facing the community? Is the City open and transparent with the public?

The reason this 2022 report is relevant 11 months after it was issued is that tonight, Mayor Levar Stoney will deliver his penultimate State of the City speech that will undoubtedly be an upbeat recitation of his accomplishments and how great the City is doing — in his eyes. His office put out this four-minute video a few weeks ago to tee-up the talking points and set the stage for his speech (and perhaps his next campaign). Continue reading