THE DWINELL
POLITICAL
REPORT 

The Dwinell Political Report

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THE DWINELL POLITICAL REPORT
 October 11, 2002   Vol. 3, No. 40 
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*** NEWS AND ANALYSIS ***

THE DEAN SPEAKS 

Governor Dean breezed into town last Friday between there and there, late for a quickie new conference to promote the election of Douglas Racine and Peter Shumlin. Johnny come lately Dean is concerned that his boys might be robbed in the legislature’s constitutional duty to elect by majority any candidate for governor, lieutenant governor or treasurer who fails to win a majority from the public. The 225-year-old system which has stood the test of time does not now stand the test of Dean.

Or does it? Is this smoke and mirrors? Having studied the Democrat playbook for years via their campaign finance reports, we know that they almost do not breathe unless polls and focus groups tell them to. Their polls have clearly identified this issue as a wedge issue, one which is about fairness and trust, one in which Dean can show how he feels. Feelings was not even good as a song.

The Free Press’s editorialists and columnist Chris Graff each pleaded with Dean to campaign, to defend his legacy. Threats were implied, "remember what happened when Al Gore lost Tennessee." We are sure that if the Democrats' research suggested that Dean could help the ticket, he would. Recall that even Bush now beats Dean in Vermont. Dean seems to have worn out his welcome. 


THE DEAN OF THE EDITORS SPEAKS 

M. Dickey Drysdale weighed in on the subject in this week’s editorial in the Herald of Randolph. "Vermont Democrats are trying hard to make a political football out of the likelihood that the races for governor and lieutenant governor may be decided by the legislature...the Democrats have been enthusiastically and almost unanimously aided by the Vermont press, which seems not to notice the partisan nature of the campaigns...this is silly..." Right on. 


THE DEAN OF THE SENATE SPEAKS 

Dean maintained that the selection process is a problem though conceded that some in the senate take the attitude that we have not had a problem yet. The legislature has done the "right" thing when required to speak. And he said, "I prefer the instant runoff...where is the outrage about this?"

By implication, Dean criticized the other dean, Dean of the Senate Bill Doyle, R-Washington and chair of the Government Operations Committee. Doyle told DPR that "For years, Dean and the Democrats had all the power and nothing was done." In spite of Dean's assertion that Doyle did not support change, Doyle said that "since 1976, I have wanted change. I voted in favor of the top vote getter being elected if he/she received over forty percent of the vote and a runoff if no one did. The instant runoff that Dean is pushing is difficult, fairly cumbersome, has not been tried in any state, brings us more constitutional problems, and needs more study." 


CHOICES 

Vote your district. This is easy, requires no thought.

Vote your conscience. This is harder. The famous eighteenth century British legislator Sir Edmund Burke said that "my constituents elected me to use my judgment not to just vote their interests." He was not reelected.

Vote your party. This is very hard because it may be against your constituents, against first past the post.

Vote first by the post. Easy, a literal no-brainer.

Vote for the most qualified. Ah, now this might be interesting. Maybe forthright el toro Hogan is your man. Maybe the evolutionist Racine is your man. Maybe statesman Douglas is your man. Maybe a dark horse might emerge. Could it be horsewoman Dwyer? Honored administrator Hoyt? Just joking.

The precedent is clear. In 1996 a Republican won the race for attorney general garnering 87.2 percent of the vote. When he resigned, Dean replaced him with a Democrat. It is always nice to have the law on your side and to have free defense when the media sues you.

In 2000 a Republican representative wins win 65 percent of the vote and when he resigns, Dean appoints a Democrat. Dean says that he is the most qualified.

In 2000, Jim Jeffords wins the Republican nomination with 77 percent of the vote, the general with 65 percent of the vote. He promptly switches parties.

Vote for change. This argument is that, if the quasi-incumbent Racine receives less than fifty percent, then more folks voted for a new face rather than an old face. Therefore the legislature’s choice should be the leader of the change group.

Hung jury. Partisanship being the prevailing message allows neither Republican or Democrat to gain a majority in the legislature. Who now?

Vote for Diversity. Here we go again, hold your letters. Burlington and Shelburne residents have been elected governor for more than a generation. It’s time for change. Vote Vermont. Chittenden County can have development, growth, high incomes, a healthy tax base, and vast choices in entertainment. But then, having had enough of sprawl and congestion, Chittenden County wants to preserve the rest of Vermont for the weekend visiting pleasure, keep it like it is. Keep it nice for hiking, cross country skiing, vista viewing, and stargazing, and they want cows, not in Charlotte but out here. They smell. Well maybe folks out in the hinterland would like a little development, maybe even a little sprawl. And maybe have a few citizens who approach a six-figure income.

May we live in interesting times. 


BLOWN AWAY 

You could have blown us away with a feather. At his press conference, Dean said, "We do not balance the budget on the backs of the taxpayer." He hardly got the words out of his mouth and we asked, "on whom else could you be balancing the budget?"

Undeterred, later Dean said, "I am tired of the Vermont League of Cities and Towns saying that we are balancing the budget on the back of the taxpayers. It is patently untrue." Let’s see. When you buy a picture frame, you pay a tax. When you buy cigarettes, you pay a tax. When you buy a six pack, you pay a tax. When you buy a house, you pay a tax. When you buy a glass of wine, you pay a tax. When you fill up your car, you pay a tax. When you fill up your trusty steed, you pay a tax. When you earn a dime, you pay a tax. When you earn lots of dimes, you pay a fortune. When you go skiing, you pay a tax. When you make a phone call, you pay a tax. When you own property, you pay a tax. When you hire a professional voice for your television advertisement, you pay a tax. When you turn on a light, you pay a tax. When it all becomes too taxing, you move to Florida.

The question remains: What other back exists to burden to balance the budget, other than the taxpayers? 


LEWIS CARROLL’S BUSINESS WORLD 

In its September issue, Vermont Business Magazine went on for about ten pages on how we all had a bad dream and therefore came to believe that Vermont has a less than great business environment. They say it is just not true. This is the big issue. If the business environment created by almost two decades of hegemony by the Democrats, Vermont Public Interest Reseach Group (VPIRG) and the press can be called unfriendly and we are suffering, the Republicans may win. If they can redefine the business environment or distract us with the "silly" issues of our "outrageous" constitutional crisis and those selfish, greedy, and untrustworthy Republicans, the Democrats may win. High stakes.

There were three articles end to end: 1) Vermont anti-business. Whether Vermont as a whole is anti-business has been debated for fifteen years. The economy slowing down, that debate becomes more trenchant. 2) The O’Neal Report. Those who think Vermont is anti-business point to the report undertaken by the state’s Economic Development Department as proof. Others think it has good things to say about Vermont. 3) Swiss economy. One economist thinks Vermont should emulate the economy of Switzerland, another small, isolated place.

You get the drift. Vermont really is a great place to do business. Even the O’Neal report says so. We are just like Switzerland. And we have a bridge to sell you.

REALITY BITES

Farooq Kathwari spoke. He is not one of "the world according to Lewis Carroll" or Vermont Business Magazine. The CEO and Chairman of Ethan Allen, employer of 8,000 workers, 1,200 of them in rural and economically fragile areas of Vermont, said our dear soon-to-be-departed state government better shape up or we ship out. Kathwari gave "the state a year to start bringing down Vermont’s high electricity costs, workers’ compensation rates, property taxes, corporate tax rates, or to otherwise improve its business climate," went the Free Press article.

According to the Free Press, he said, "within a year, I would like to see some changes made. Then we would be in a position to see if these plants are viable for us." The article went on to say that state regulations put the company at a competitive disadvantage "and something has to happen with that..."

Dean has claimed that it is globalization. Bernie Sanders wants to stop multinationals who have "turned their back on the United States." But Ethan Allen is not turning its back on the United States, just Vermont. "Property taxes (in Vermont) are thirty three percent greater here (in two plants) than in the combination of five comparably sized plants in New York, Virginia, and North Carolina." We send our prisoners to Virginia, why not our jobs too?

More from the Free Press: "He will not continue to run expensive plants. He suggested that Vermont look at states such as Virginia to find out how to treat business. He asked for loosened rules on drug testing of workers... 'I do not want any free lunch. I am not asking you to do something that is impossible.'"

But maybe he is. Be business friendly? Some folks would rather give their first born. They, like Barbra Striesand, would rather move. Don’t let the door hit you on the way out. Barbra broke her word -she is still here.

FACTS ARE FUNNY THINGS

Recently the United States Census released a report which showed that Vermont has the highest state tax burden as a percentage of per capita income.

The Small Business Survival Committee released its index for 2002. Like Farooq, it analyzed taxes, electricity cost, workers’ compensation costs, crime rates, right-to-work laws, number of government bureaucrats, and the minimum wage. Vermont ranked 43rd out of 50 states.

Cognetics, a Waltham Massachusetts based firm whose main research focus is Americans growing a small business, our target audience says Dean and our Development Department, issued their listing recently as well. In their ranking Vermont slipped to 49th out of 50 states. 


MIXED NEWS 

Some jobs are coming back. Mack Molding of Arlington will add forty employees. VEPC, the much-maligned Vermont Economic Progress Council, was pivotal in keeping 168 jobs at the Tivoly high tech firm in Derby Line with the expectation of increasing to 217. But CEO Philippe Bourg warned, "Take a long, hard look at how businesses are taxed in this state compared to other states. I think that you will find that it is actually a deterrent to economic growth."

And on the other hand. Agway goes Chapter 11 leaving hundreds of workers in Vermont up in the air. Himolene Vermont in Rutland is closing a 40,000 square foot plant and leaving thirty-nine jobless as it consolidates in New Jersey. Bombardier Capital of Colchester is cutting fifty jobs. How come nobody ever "consolidates" in Vermont? 


DESPERADO 

With Auditor Elizabeth Ready tied up with charges regarding cell phone service and reimbursements for what seemed like personal or political travel, Racine relied on a former Vermont NEA member Jay Kaplan to step into the slime pit. In a huge, incredible reach, Jim Douglas allegedly took some action for the National Association of State Treasurers which they tried to interpret as unseemly.

The Vermont NEA is the same organization which was condemned by the Burlington Free Press recently for endorsing forty-three Chittenden County legislators and not one Republican. Can’t be that they are all bad. Grasping at flimsy straws is likely to only hurt those relying on those straws. 


SILENCE IS DEAFENING 

Agway sputters because farmers cannot pay their bills. The main reason is that the federal government has not made promised milk payments because of computer glitches. It is of course the role of our elected representatives to go to bat for us, to help out in such times.

What does our congressional delegation and governor do? Whine, kevetch, gripe, accuse. Effective? Not in getting your calls returned. So who goes to bat for our farmers? Our lowly treasurer, the fifth or sixth person you might vote for at election time. Jim Douglas asked Vice President Cheney during his recent visit to intercede to make the money flow.

According to an unreported (except in the Addison Eagle that we saw) event, Douglas announced at a press conference in Weybridge that the checks should be in the mail this next week. 


THE WAY WE WERE 

The Times Argus this week explained the founding principles of the three-decade-old environmental and development regulatory bill, Act 250. They concluded, "The point is that it was a response to a real appeal by people who by and large could not be termed ultra-liberal in any respect." Yes. So?

Act 250 was a very appropriate short piece of legislation for 1970. But by 2002 it has grown into a massive regulatory bureaucracy supported by hundreds of pages of rule making. What was appropriate then is not today. That is the point. Not whether something is ultra liberal or ultra conservative. Does it work? Then yes, now no. 


BEWARE: SIGN SNATCHERS 

In what will be regarded as petty politics at its worst, the highway department began in the last two elections to remove political signs which they deem to be in the highway right of way, twenty feet from the centerline. It seems that most signs inconveniently removed are Republican ones.

According to the Herald some folks have gone to court arguing that removal of political signs violates free speech, equal protection, due process, and the Americans with Disabilities Act. We wish them well. 


MEUB'S PROBLEM 

"When will the Congress go home? The original target date is not going to happen. The chances of them leaving by the next target date - next Friday - are as dim as a star in a galaxy far, far away. Now they are aiming for October 17.

* Here's one reason there's no hurry: Assuming there are 30 competitive House races and eight competitive Senate races; that leaves 405 House members and 92 Senators who have no desire to go home.

* The 405 House Members who are assured of re-election would rather stay in Washington than pretend to enjoy shaking hands with constituents or - oh, the horror - debate their opponents."

--Rich Galen, Mullings Report, 10/2/02 


SEX, LIES AND VIDEO TAPE 

We have been accused of lies, being over the top, and circulating rumors. Let’s check once again into the real world events of the last few months.

Two folks at a neighborhood manufacturing plant had an affair. One was married, the other her supervisor. When it came to light, both were fired.

A local school supervisor was suspected of having an affair with a subordinate. He quickly resigned.

According to Campaigns and Elections magazine, Bob Beckel, CNN commentator and a married man, engaged in an affair. "After the affair became public, Beckel left his commentator’s job at CNN."

Syndicated columnist Bob Greene admitted affairs with under-age women fourteen years ago and his resignation was quickly accepted.

Governor Paul Patton of Kentucky admitted having an "inappropriate personal relationship" with a woman who is now suing him for sexual harassment. He quickly dropped out of the senate race.

Senator Peter Shumlin has an affair with a subordinate and nothing happens. The press does not mention it though they investigated it and learned or believed it to be true. He does not drop of the race for lieutenant governor; in fact he may yet win.

Margaret Daley, sister of the woman caught on video beating her child, was arrested for failure to report child abuse.

We reported sexual abuse as defined by Vermont State Personnel Regulations, we were smeared and, hearing that smear, were fired.

Interesting. Vermont is different. In the real world inappropriate sexual behavior has consequences. Here the reporting of it does. 


*** MEDIA NOTES ***

BEWARE: TROJAN HORSE 

The Stowe Reporter and the Burlington Free Press this week each reported on the Voyer-Bartlett senate race in Lamoille County, one which the Free Press concluded may tip the balance in the senate. Regarding funding, both were misleading. It was stated that in 2000 Bartlett spent $24,206.05 to narrowly win her seat.

Yes, that is what her campaign directly spent. But how much was spent on her behalf by others? The Democrats skillfully coordinate their senate campaigns. One can only give $300 to a candidate for senate per election cycle. However one can give $2,000 to any number of political action committees, and $12,000 to a political party. And they did.

In 2000 those wanting to insure a Democrat senate gave massively, just under $1,000,000. Over $825,000 was spent directly to mostly advance the candidacies of Democrat senate hopefuls, a large percentage in only five closely contested counties.

One Lamoille county resident claims that he received eighteen mailers supporting Bartlett, another twenty-two. How much does a mailer cost? If it goes to all registered voters, it costs about $6,000 each. You do the math. Eighteen times $6,000 equals $108,000. Maybe not all went county wide and maybe our sources exaggerate. But in any event, you can see that much more than $24,000 was spent supporting Bartlett.

You should expect that this strategy is at work again this year. It has been the successful method for the Democrats for many election cycles. To report otherwise is to mislead the voter. 


*** THE ROAR OF THE CROWD: EMAIL ***

THE GOVERNMENT SCHOOLS PAC 

»» Bill Scherr IV: [Re: VT-NEA's exclusive endorsement of non-Republicans] Looks more like a Political Action Committee than a Labor Union! Do they file with the Secretary of State? 


LATE FILERS 

»» Anthony Otis, Montpelier: I have not checked the campaign finance law to learn if there is a late filing fee. Perhaps there should be, if there is not. Lobbyists and their employers are given no slack for late-filed lobbying expenditure disclosure reports; $25 plus $5 a day, period. If the original report is not in the physical possession of the Secreatry of States Office, pay up. 


WHO WOULD HAVE THUNK? 

»» Elizabeth Ready, Lincoln: I think that your story was very accurate, in fact much more accurate than the one from the Vermont Press Bureau. I appreciate your taking the time to look at the facts.

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»» Mike Empey, Bellows Falls: Another outstanding report -keep it up... Below is another interesting tidbit on ole Liz. It is amazing that she lacked sufficient oversight for 17 months to figure this out -must have been too busy doing Doug Racine's dirty work knifing Jim Douglas in the back.

On the State paid for website of Elizabeth Ready, there is a section titled "New!" which lists various reports with her sage advice on running things. One of those reports is titled: Auditor Suggests Opportunities to Save. Below is suggestion 6 of that report (how ironic):

"6. Reduce Phone Costs: While Vermont has a number of contract options with a cellular phone provider, departments may not be on the most cost-effective plan based on their usage. The state should have clear reimbursement polices in place for any personal calls on land and cell phones, including those made during a cell phone plan’s "free" minutes. The State paid an average of $40,000 a month to Cellular One, the chief cellular phone contractor for state government, in fiscal 2002." 


THE COMPANY YOU KEEP 

»» Ian Robertson, Wolcott: The following letter drew absolutely no response from [Vermont Business Magazine editor] McQuiston. This is how ugly truths are dealt with by the media in Vermont, with arrogance. They have the power to simply ignore you, no matter how valid your question.

Dear Mr. McQuiston,

Please consider this as a submission to your letters to the editor. As well I would be interested to know if you have any comment about your thinking on this matter.

Perhaps this inquiry will bore you, but I am curious about your rationale for firing James Dwinell, due to remarks relating to Peter Shumlin he made in his weekly political report. Of course, Vermont Business Magazine is your venture and you have every right to choose what standards you wish to apply to the journalism found therein. But there is something very obviously selective with your sensitivity to personal attacks when on the one hand you have apparently set out to maintain a high moral tone and yet, for all the years I have known of the existence of Vermont Business Magazine, Peter Freyne has been the flagship columnist for your publication. You can NOT possibly be unaware of the type of journalism that Peter practices in his weekly Seven Days column.

Specifically Freyne has launched a continuing series of vicious personal attacks on Vermont public figures including several Republican woman who have run for higher office. He has aggressively exposed their private lives in loud, persistent Technicolor, pursuing them week after week, and revealing their marital problems in a vicious style a thousand times more flamboyant than that used by Mr. Dwinell to describe [the risks taken by] Peter Shumlin. It appears to be your position that, while Peter Shumlin deserves a respectful privacy, women such as Susan Sweetser and Ruth Dwyer (and all the other victims of Freyne's personal attacks), do not. How can this be?

It is not my point here to try to convince you to re-instate Mr. Dwinell's column. My point is that there is something disgustingly and obviously wrong with the practices of the Vermont print journalism community, something that is illustrated yet again by your own selective application of standards. What possible explanation can there be for the fact that the feelings and human dignity of Democratic politician Shumlin are entitled to scrupulous protection, while Republican women such as Sweetser and Dwyer can simply be treated in the most disgusting manner by your prime columnist?

Your magazine could choose to do anything it wishes with its flagship column. Your choice is to give it over to Peter Freyne, a man who has been almost universally condemned as a bully, a misogynist and a lout. One of Freyne's victims, former VPR news director Steve Young, once wrote that Freyne is "the one journalist in Vermont who hurts people for the pure pleasure of it." Young is just one of a very large group who have made such complaints. I suggest that you go over to the UVM library and read through the back issues of Seven Days if you wish to be completely acquainted with your columnist Freyne's performance and the near universal public contempt it has drawn. What does it say about YOU that you have chosen to showcase Freyne's talents on page 4 of your publication month after month?

I suggest that if you really wish to run a business magazine, a magazine with a high moral tone and sensitivity to the dignity of political figures in our state, that you cannot possible continue to give your flagship column over to Peter Freyne. In fact, I think you owe a direct, print apology to Freyne's victims, people such as Susan Sweetser and Ruth Dwyer, regardless of what you may think of their politics, for giving the power of your magazine over to the most offensive political writer in Vermont. You simply cannot choose to enforce standards of decency in such an obviously one-sided manner and continue to call yourself a journalist.

Respectfully,
Dr. Ian Robertson 


IRV SHOULD BE DOA 

»» Paul Chandler, Newport: Now even the Caledonian Record is trumpeting this Instant Runoff Voting as the "solution" to our constitutional problem of having the legislature vote the winner if no candidate gains a majority. This is a sham. It appeals to the laziness of the masses to be sure. But it is likely to vault the number 2 to number 1 status. Why not just have a three week period to have new ballots printed with the top 2 vote-getters on them? Surely, having the people make a direct choice is not a bad thing. An added expense? Worth every penny. IRV should be DOA. 


LET MY PEOPLE VOTE 

»» Scot Shumski, Burlington: I would like to politely disagree with Jim Daley's assessment of a winning strategy for Republicans at UVM. As Chair of the Burlington Republican Party, a UVM graduate, and someone who grew up in Burlington, I have always disagreed with those who would hope to suppress the UVM students from voting.

During a run for City Council two years ago I actively sought votes from the Redstone campus of UVM. My purpose was simple, educate the voters on the UVM campus. Along the lines of fiscal accountability, I explained to the students that the result of voting for higher taxes and those that support higher taxes-- the Democrats and Progressives-- they are in effect raising the amount of rent they will be paying when they move off campus. This is how we win, by educating the UVM population.

Personal responsibility and fiscal accountability are very important to me and I would argue that they are important to most students at UVM when portrayed in real life terms. If we do our job as Republican activists and educate the UVM community, we should welcome the students voting. 


BYE, BYE JIM 

»» Richard Elkins, Brattleboro: Caught this quote from the Rush Limbaugh web site and laughed for ten minutes: "Jim Jeffords knows if the Republicans take control, he may as well be buried. He's going to be the most irrelevant member of the Senate outside of Patsy Mink, who's dead. I know she wasn't in the Senate. That's my point." 


LIKES CON 

»» Stephen Allen, South Ryegate: I am surprised more thoughtful Republicans have not endorsed Con Hogan for Governor. I'm sure the party faithful feel they "owe" Mr. Douglas for his many years of bureaucratic service, and I'm also sure he's a nice guy, but he is not the leader that Mr. Hogan is. It is such a leader as he that we need to get us out of the mess of the Dean years. I believe Mr. Hogan to be in the mold of Deane Davis and Richard Snelling, two of the finest leaders Vermont has seen. Great thanks for your informative newsletter! 


MAYBE OUR VOTING PATTERNS NEED TO CHANGE? 

»» William McDonald: The word is getting out - Vermont is no good for business. They can ignore the O'Neal report, but that won't stop the message from spreading. http://www.bcentral.com/articles/harper/141.asp 


THEY LIKE US 

»» David Bumgardner, Dorset: Here is a contribution for this year and next. If the Democrats carry the legislature this year, I will be gone by next so consider it a bonus. Thanks for the data re. businesses leaving Vermont. I continue to enjoy your paper but agree that you are drifting a bit leeward of Attilla the Hun. Been there, done that but am older now.

»» Lynn Francis, Middlebury: I enjoy reading your Dwinell Political Report for its terrific perspective which is an affirming one for me.

»» Victor Deyo: I like what I see. Sign me up. 

*    *    * 


*** QUOTABLE ***

ON LEGISLATING FROM THE BENCH 

"We are slowly surrendering our constitutional representative democracy to a system of lawyer run governance. Our forefathers pledged their lives, fortunes, and sacred honor to obtain freedom and throw off the shackles and unjust burdens of an unelected, life-tenured king. Did General Washington's army make those sacrifices and win a glorious victory, only to have trial lawyers and unelected, life tenured judges take the king's place, sack the rule of law, and turn our representative democracy into governance by litigation? We must preserve our constitutional heritage and right to representative democracy. To do less than this would be to stand idly by and watch the end of the greatest revolution in freedom that the world has ever known." --Malcolm Wallop, U.S. Senator from 1976 until his retirement in 1994.

Full commentary: http://www.townhall.com/columnists/malcolmwallop/mw20020925.shtml 


PAPERBOYS WOULD DO BETTER 

"That gets me to wondering, if all our schoolteachers today had been paperboys, or girls for that matter, although I never knew one, would we have the school budget issues we face today? Would they still demand new carts and fists full of gummi fish while others around them went with less or without? Would they try to foist their own wants off on the rest of the public as concern for the kids? Would they offer to cut their own benefits to keep the art teacher if art meant so much? Would teachers be better people if they understood working 365 days a year in the snow, rain and heat waves for quarters at a clip?" --James Ehlers, Ideas and Opinions

Full commentary: http://www.politicsvt.com/Ideas/10_8.htm 



LOOKING FOR A SPEAKER FOR YOUR ASSOCIATION MEETING?

James Dwinell, editor-in-chief of this newsletter, is available for speaking engagements on a variety of political topics. 
Contact: Dwinell@adelphia.net for more information.



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