All posts by David Lublin

Ervin Attacks Role of Money Along with Gender and Racial Bias As She Withdraws from CD8 Race

valerieervinglogo

The following is Valerie Ervin’s email announcing her withdrawal from the congressional race for the Eighth Congressional District

I wanted you to be among the first to hear that I’ve decided not to continue my run for Congress in 2016.

It was a hard decision that kept me up many nights. Like many women of all backgrounds across our district who worry about how to pay the bills, send their kids to college, or take care of an ailing parent, my sleepless nights were motivated by money—or more accurately, the lack of it.

You see, I’m not wealthy. I grew up working class and thanks to good union jobs, I’ve been able to work hard and achieve the middle class dream. I’ve been able to buy a home, take care of my needs, and to put away a little for a rainy day and retirement. But like many of you, I need to work to keep up. Unfortunately, our current political system doesn’t make much room for everyday Americans like me—especially women, people of color, and the non-wealthy—to compete on a level playing field.

In politics today, fundraising is the sign of a campaign’s viability. Not your ideas about how to serve your constituents, not your track record of service, not even the groundswell of grassroots support—but your ability to raise money. And unfortunately, I just haven’t been able to raise enough.

It’s no surprise that 50% of members of Congress are millionaires.  A Center for Responsive Politics study found that it takes 18 American households to equal the value of a member of Congress’ household.

Right now in Maryland, we see male candidates for office routinely raising more money than the women in those races. We can and must continue to recruit and train more women and people of color to run for office. It’s the only way we can create an inclusive democracy that speaks to the needs of all citizens.

I’m pulling back the curtain on our political system because we all need to consider what role we’re willing to play to improve it. I decided to run because I believe that more people like me need to be the decision-makers. We need more elected officials who put our interests, concerns and needs on par with the wealthy.

During my brief campaign, I’ve been able to meet hundreds of working people who are struggling to provide for their families and meet their financial obligations. My message of the need to create economic stability for Maryland’s families resonated with many communities who are facing greater financial pressure while trying to stretch a shrinking paycheck. I’m as committed as ever to ensuring that the voices of everyone shapes the direction of District 8, the state of Maryland and our nation. And doing so means we’ve got to build better pathways to an inclusive democracy where everyone has a shot at winning political campaigns, despite their access to wealth.

I can’t thank you enough for your encouragement and support of my campaign. I ran for Congress for all of us. Know that my future endeavors will continue to create more room for all of us to prosper and have a say in the political decisions that affect our lives. Stay tuned!

Valerie

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Chevy Chase Circus Continues

John Bickerman Loses a Vote and Walks Out

The Town of Chevy Chase gave the U.S. a preview in miniature of what a Donald Trump presidency might look like as Coteva CEO and Mayor Al Lang lost control of last week’s council meeting, which “devolved into chaos” as reported in Bethesda Now. The press did a fine job of covering the raucous and divisive meeting but I thought I’d add to the information publicly available.

Bickerman Walks Out in Middle of Meeting

As reported and shown above in the video, Vice Mayor John Bickerman walked out in a snit in the middle of the meeting when he lost a vote 3-2 over whether write-in candidates should have to register at least one week before the election. As one resident put it, “John appeared to pick up his marbles and leave, like a little kid who did not get his way in the playground.”

Bickerman’s behavior captured attention, as he interrupted, talked at length, and took repeated umbrage. At one point, he spoke sharply to Lang, telling him something along the lines of “take your hands off of me” when Lang touched his arm gently, likely to encourage him to calm  down.

Readers may find it hard to believe that Bickerman makes his living as a mediator. He currently teaches “negotiation and mediation” at Cornell University and has taught at Georgetown University Legal Center in the past.

Will Lang Cave to Bickerman, Cecere and Albert?

This issue of registering write-in candidates in advance has become a burning issue because of the success of a stealth write-in candidate. Supporters of now Councilmember Fred Cecere kept his write-in campaign a secret in order to dupe other voters into thinking that the two incumbents were unopposed and they needn’t bother to vote. Councilmembers Lang and Bickerman are aligned with Cecere.

Word on the street is that Bickerman also threatened Lang as he left, saying that Lang (who had voted in favor of the write-in candidate registration requirement) had better fix this (i.e. change his vote) or Bickerman would resign from the Council.

So is self-styled decisive CEO Lang going to cave to Bickerman, Cecere and Albert? Or stand by his far from radical decision that town residents have a right to know who is running for office at least one week before the election?

It’s hard to know as Mr. Transparency had the Council vote on the Town joining the Chamber of Commerce (!) without any advance notice to the Council or to residents. Several residents have already expressed discomfort with the process and the decision on the Town’s unofficial listserv.

Ethics, Schmethics as Bickerman Changes Story

As part of his criticism at the meeting of the Joint Election and Ethics Boards report, Bickerman argued that the “every campaign is secret,” so it is not a good idea to take steps to ensure that all residents have the opportunity to know who is running for office.  Um, no.  Candidates should not be able to keep their identity a secret in order to dupe their neighbors.

Bickerman also continued to deny any fiduciary duty to correct the public information that was provided by the Town as regards to the candidates. However, he said unusually little when Barry Hager, a member of the Ethics Committee, raised the issue of whether he thought he would need to correct similarly inaccurate financial documents issued by the Town.

After the election, Bickerman told neighbors that his participation in the write-in campaign was less than people thought but declined to detail his participation. The twitter account of the meeting reports, that Bickerman now says he “was not that involved.” His ardor in fighting the adoption of a one-week write-in notification (same as the State) and continued secrecy might inspire disbelief in his effort to minimize further his participation. And if he was not involved in a meaningful way, wouldn’t he have just said what he did in the first place?

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From the Department of Liquor Control (DLC) Commissioned Report on the DLC

The Department of Liquor Control commissioned an outside report on their business. Here is some of what they found:

People are Shopping Elsewhere

In polite language, the report explains that sales in Montgomery County are below those expected for a wealthy, educated area with a tolerant attitude toward alcohol (pp. 14-16):

Overall, liquor sales in Maryland are below the benchmarked average. . . . Besides tourists and other travelers who purchase in Washington DC, for reasons of convenience or price, Montgomery County liquor customers may also purchase their alcohol in the District of Columbia rather than the County. It is hoped that this may offer an opportunity to the DLC to recapture some business without increasing consumption.

“Recapture some business” is a nice way to say people are buying alcohol in DC or Virginia rather than Montgomery. No wonder when prices are so much lower there. How the DLC plans to recapture business without price reductions so they are competitive remains a mystery to me. It also illustrates the tension–to put it mildly–between the DLC’s desire to make a profit and “control” the use of alcohol.

High Costs, Low Profit

Comparatively, the DLC has high operating expenses among benchmarked control jurisdictions. . . . Relative to other control states, the DLC has low gross profit margins.

Why is Montgomery County in this business?

 

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Gov. Hogan Tried to Cut Cancer Research Funding

Gov. Larry Hogan is mercifully making a great recovery from cancer after undergoing chemotherapy. I’m sure that everyone is very happy to hear the news and appreciates the joy with which the Governor and his family must have greeted it.

Beyond success in his personal battle against cancer, the Governor has used his illness to build support for those fighting cancer and to raise money for cancer research:

HoganStrongFacing cancer and using his office to rally support to fight the disease is about the best example of making lemonade from lemons that I can imagine. The Washington Post covered more of Hogan’s positive activity in a story today.

Cancer research, however, requires more than private support. Strong governmental support for medical research, such as at NIH here in Montgomery County, has been critical to medical advances in the fight against cancer and other diseases.

The Post neglected to mention that Gov. Hogan included a permanent 55% cut in state funding for cancer research grants in his budget proposal–a drop from $13 million in $5.8 million per year. Roughly 80% of the grants usually go to the University of Maryland, College Park with 20% directed at Johns Hopkins University.

Over the eight years that I imagine Gov. Hogan would like to spend in office, his proposal would have reduced spending on cancer research by $57.6 million. The General Assembly, controlled by the Democrats, fought successfully to put the money back in the budget.

It’s great the Gov. Hogan has raised funds for cancer research–a laudable use of his great personal challenge in fighting cancer, which he has handled with grace. But his budget proposal–a blueprint for his goals for Maryland–suggested other priorities.

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Election Board and Ethics Commission Issues Report with Devastating Criticism of Lang and Bickerman

The Joint Committee of the Town Election Board and Ethics Commission on the 2015 Election in the Town of Chevy Chase has released its report. It contains devastating criticism of Mayor Al Lang and Vice Mayor John Bickerman’s conduct. As Mayor Lang has not so far posted the Report to the Town website, I have excerpted portions of the report below, which is now available in full at Bethesda Beat:

Lang and Bickerman Violated Fiduciary Responsibility

The Joint Committee concludes that

  • both Mr. Lang and Mr. Bickerman knew that the Town government had informed the voters that the election was “uncontested”;
  • both Mr. Lang and Mr. Bickerman knew before the election about the stealth write-in campaign in support of Dr. Cecere, and therefore that the election was in fact contested;
  • neither Mr. Lang nor Mr. Bickerman took actions to correct the record and inform Town voters in general that the election was in fact contested.

Residents of the Town have contended in hearings before the Joint Committee that Town Council members have at least a fiduciary, if not a legal, responsibility to accurately inform residents about facts pertinent to the government of the Town. Mr. Bickerman has at times denied such a fiduciary responsibility. Yet it would seem unlikely that he or any Council member would argue that he/she is at liberty to allow a materially misleading statement made to the public at large about the finances of the Town to remain unchallenged or uncorrected on the public record if the Council member knew the information to be untrue. Surely the duty to correct misleading statements relating to elections that determine the governance of the Town is as great as the duty to correct misstatements about the Town’s finances.

As for a specific legal basis for arguing that a Council member has a fiduciary responsibility to the Town public, Article 6 of the Maryland Constitution’s Declaration of Rights states that “all persons invested with the Legislative or Executive powers of Government are the Trustees of the Public, and, as such, accountable for their conduct.” Since the Town of Chevy Chase is chartered under the Constitution and laws of Maryland, that applies to Town councilmembers. Indeed, the Oath of Office for Council members says, in part, “I will be faithful and bear true allegiance to the State of Maryland, and support the Constitution and Laws thereof…” And the concept of being a “Trustee” of the “Public” is at its heart a statement that government officials have a fiduciary responsibility with regard to the public.

Undermined Legitimacy and Efficacy of Town Actions

Another aspect of the stealth campaign that related to the nature of Town politics is why, given the range of complaints and criticisms of the incumbent Town government, the supporters of the stealth campaign did not go to the electorate openly and seek a change in the composition of the Council? A traditional view would hold that this is what elections are meant to be about—a robust exchange of views and visions leading to a democratic choice that shows the preferences of a majority of the electorate. Failing to take that open route and to participate in the traditional public campaign process has cast doubt on the motivations of those involved in the stealth campaign by many Town voters who feel as if they were misled about the contested nature of the election, and has obscured, in the eyes of many Town citizens, whatever electoral mandate the victors sought or believe themselves to have won.

And our neighboring communities, such as those in the coalitions our Town Council earlier played a key role in organizing to constrain overdevelopment in Bethesda, need to know that they were dealing with trustworthy partners. It is important to consider whether the stealth write-in campaign may suggest to Town citizens that they should be wary and skeptical of their neighbors, or whether it may have suggested to our neighboring communities in Montgomery County and the Greater Washington region.

Call for Further Investigation and Even Legal Action

If Mayor Lang and Vice Mayor Bickerman continue to refuse to respond to the June 5 letter of inquiry, the Joint Committee requests that the Town Council assess the legal basis for the refusal and consider whether responses should be compelled through legal process or other means. Also, Mayor Lang and Vice Mayor Bickerman should be reminded of the responsibility to preserve all records—including electronic communications on office and personal devices and accounts—that may be relevant to further inquiry or legal action.

“We believe that Council Members Lang and Bickerman should provide members of our Town with complete details of their involvement in the stealth campaign. Otherwise, it is likely that the obvious mistrust and anger toward them will continue, and likely frustrate the important work of the Council. Only by providing this information to the electorate can the Town begin to heal.”

UPDATE: The Town has now posted the report on the Town website in the wake of its appearance on Bethesda Beat.

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Osdoby to Head Mayor-Council Slate

Clark Reed and Rockville’s Solar Co-op

As reported on Saturday, Sima Osdoby is expected to announce her candidacy for Mayor of Rockville later today. Incumbent Bridget Newton is completing her first term.

Incumbents Julie Palakovich Carr and Virginia Onley

A reliable source let me know that Osdoby will likely run with a full slate of candidates for the Council, including two of the four incumbents: Julie Palakovich Carr and Virginia Onley. A third incumbent, Tom Moore, is not seeking reelection. I do not know the plans of the fourth incumbent Beryl Feinberg.

On the current Council, Feinberg is seen as aligned with Newton while Palakovich Carr and Moore are often in opposition. Onley is the swing vote and her support for Osdoby has to be a disappointment to incumbent Mayor Newton.

Former Councilmember Mark Pierzchala

Former Councilmember Pierzchala lost a close race to Newton in 2013 with 47% of the vote. A well-known name, he is seeking to return to the Council on Osdoby’s slate.

Clark Reed

Like Osdoby, Reed has not yet filed for election but will and join this slate. Though a new candidate, he is not exactly as newcomer. Reed chairs Rockville’s Environment Commission and helped form and lead Rockville’s Solar Co-op (see the video).

This is a strong slate. It includes two incumbents–the top two candidates in 2013–and a third candidate who is a proven vote getter even if he narrowly lost the last mayoral election. Reed also has local leadership experience and strong community ties.

The slate should boost Osdoby who is surely less well-known among Rockville residents than Mayor Newton. If slate members run as a team, including sharing campaign literature and coordinating door-knocking, it should prove a strong force.

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Sima Osdoby to Run for Mayor of Rockville

Rockville TV’s Meet Your Neighbor: Sima Osdoby

Rumor has it that Sima Osdoby will throw her hat into the ring and announce her candidacy for Mayor of Rockville on Monday.

While she has not held previous elective office, Osdoby has a history of political involvement. She chaired the first board of Emerge Maryland–an organization dedicated to training and encouraging women to run for office–so her decision to take the plunge herself shouldn’t shock.

Osdoby has extensive experience as a consultant to organizations in the U.S. and abroad, such as NDI, IFES, USAID and the OSCE, that help build democratic institutions and civil society in democratizing countries through help with strategic planning, leadership training, and developing the capacities of organizations. She is a Senior Partner with Global Concepts and Communications.

Locally, she has worked on historic preservation in Rockville and as a legislative aide to then-Del. Mary Boergers. In Massachusetts, she helped resolve extremely controversial transportation disputes in municipalities north of Boston that eventually resulted in the extension of the Red Line.

Osdoby is expected to face incumbent Bridget Newton, who is completing her first term after having won election with 53% of the vote in 2013. Recently, Newton caused controversy over her management of the question of the removal of the statue of a Confederate soldier from the Rockville courthouse grounds.

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Clinton Campaign Hires Latino Decisions for Polling

This is a smart decision by the Clinton campaign. Latino Decisions is the gold standard for polling Latinos, whose support will be critical if she hopes to secure the Democratic nomination and the Presidency.

The following is by Stephen A. Nuño:

The Hillary Clinton presidential campaign has hired Latino-owned firm Latino Decisions to join the campaign’s polling team, sources told NBC News Latino Wednesday.

The hiring of Latino Decisions brings aboard significant knowledge to the campaign about Latino voters that will continue to build up the outreach efforts of the Clinton campaign into the Latino community.

The Clinton campaign did not immediately respond to emails and a call about the hiring.

The Clinton campaign has gone on an unprecedented hiring spree of Latino outreach specialists, such as Amanda Renteria, their National Political Director, and Lorella Praeli, the campaign’s Latino Outreach Director.

The firm’s co-Principles, Matt Barreto and Gary Segura, bring with them a significant amount of academic heft to their polling operation. Barreto is a professor of political science and Chicano Studies at UCLA and Segura is a professor of political science at Stanford University.

Michael Jones-Correa, a professor of political science at Cornell, welcomed the news about Latino Decisions as a step forward for the Clinton team.

“LD provides essential policy relevant public opinion on Latinos in the US today, reflecting the very highest standards and best practices in the public opinion field,” said Jones-Correa.

The addition of a Latino-owned firm to the campaign comes after findings in a study by PowerPAC+ reported by NBC News which highlighted the significantly small number of minority firms hired by Democrats to work on their campaigns as paid consultants. Even though the vast majority of Latinos and African Americans vote for Democrats, about 98 percent of of the $514 million spent by the three national Democratic Party committees in 2012 went to non-minority consultants.

Much of the advocacy work by Latino Decisions has been with groups with deep ties within the Latino community, such as America’s Voice and National Council of La Raza.

Frank Sharry, founder and executive director of America’s Voice, has praised the work of Barreto and Segura.

“Latino Decisions has developed a methodologically-sound, data-driven approach to polling Latino voters. Given that the road to the White House cuts through the Latino community, the Clinton campaign is fortunate – and smart – to have them on board,” said Sharry.

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Adam Replies to Gino on Liquor Control, Part III

Guest Blogger Adam Pagnucco replies to MCGEO’s Gino Renne

My reply to MCGEO President Gino Renne’s response to my post on the county’s Department of Liquor Control (DLC) concludes.

  1. The union says that if DLC were eliminated, union jobs would be replaced by non-union jobs.

MCGEO: “Mr. Pagnucco claims that privatization would not result in the loss of high paying union jobs. This is his most egregious of claims, especially for a former union employee. Where’s the evidence that ‘many private wholesalers’ are represented by IBT? Or even evidence that union membership will not suffer a net loss? Mr. Pagnucco needs to explain himself on this one.”

I’m happy to do so. As MCGEO states, I am a former union employee. I spent sixteen years working as a strategic researcher on organizing campaigns in the building trades. When President Renne writes, “It’s extremely difficult to organize a union in your workplace these days,” he’s absolutely correct. I have seen the extreme tactics that some employers use to keep their workers from unionizing. If I thought that the only alternative to DLC was a group of exclusively non-union employers, I would have misgivings about that.

Fortunately, that is not the case here. The International Brotherhood of Teamsters has been organizing beverage manufacturers and distributors for more than a century and has a Brewery and Soft Drink Conference to represent their workers. The union is also active in our local area. Washington Wholesale LLC, a distributor in D.C., is organized by Teamsters Local 639. Republic National Distributing Company, the second-largest distributor in the nation, is organized in Maryland by Teamsters Local 355. Reliable Churchill LLLP, the largest distributor in Maryland, is organized by Teamsters Local 570. If DLC loses market share to the private sector, it’s likely that unionized firms like these will pick up at least part of it.

This is deeply troubling to President Renne because non-union workers and Teamsters members have one thing in common: neither group pays dues to MCGEO. And that’s the real issue here.

So here’s a question for President Renne: what would happen if private distributors were allowed to compete with DLC? Restaurants and retailers who are happy with DLC could stay with them. Those who are unhappy could buy from the private sector. If DLC has lower prices as MCGEO claims and if their customer service is improving, they should hold on to most of their market share. If not, why should they be protected by a state-mandated monopoly? What do you say, President Renne? Can your members compete with the Teamsters?

  1. The union defends the County Council’s proposed “do-nothing fee” for DLC.

MCGEO: “The ‘fee’ Mr. Pagnucco complains about is paid by the distributor to allow for its participation in the Montgomery County market. Its structure has not yet been determined, just that there will be a fee.”

A quick briefer on the do-nothing fee. DLC has many commonly consumed beverages in its regular stock, but it often has trouble filling orders for specialty items it does not usually carry. These are known as special orders. Here’s a typical complaint:

Mike Hill, general manager of Adega Wine Cellars & Café in Silver Spring, said they have problems getting specialty wines and craft beer.

“If we like a beer or wine and we want to bring that into our store, the turnaround time can be eight days if we’re lucky or two to three months to not at all in some cases,” Hill said.

The County Council has recommended that restaurants and retailers be allowed to go directly to private distributors for special orders, but there are two big caveats. First, DLC determines what is in its regular stock and what is a special order. Second, the council wants to allow DLC to collect a fee on any direct sale by a distributor to “replace DLC estimated revenue lost by allowing the sale of special order beer and wines by private wholesalers.”

DLC loves this because it will get paid without having to do any work. Distributors aren’t so crazy about it. They would have to incur the costs of direct delivery to customers (of shipments that in some cases would be very small) and pay the extra fee on top to DLC because… well, the county just wants the money. Multiple distributors predicted in a hearing before the council that the economics would prevent them from participating in such a “reform.”

But the attitude behind the do-nothing fee is itself even worse. Whoever came up with this idea must believe that our county is soooooo much better than all of our neighbors that we can get away with imposing ridiculous impediments to doing business that no one else in our area would dare to do. Well guess what, folks? Residents and businesses have options. MoCo is a great place to live, shop and work, but so are the District, Frederick, Howard, Northern Virginia and most places near here. If you put enough measures in place to punish employers and consumers, they can and will go elsewhere. That’s the problem with the do-nothing fee and, indeed, DLC itself.

Comptroller Peter Franchot, the state’s top enforcer of alcohol laws and a MoCo resident, says of DLC, “Montgomery County is the last bastion of a medieval state system where the county, if you can believe it, sells all the spirits, alcohol, and we’re not just talking retail, we’re talking wholesale… This is a system that is incredibly slanted against the consumer and the ordinary citizen.”

He’s right. Why are we putting up with this? No one else in the Washington metro area has to deal with anything like this. We are the only ones.

It’s time for a revolt. It’s time to End the Monopoly.

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Prince George’s Out Negotiates Montgomery

As explained previously on 7S, Prince George’s County Executive Rushern Baker played hard to get on ponying up additional funds for the Purple Line in an effort to set up his County to extract concessions in price and other matters. Turns out he succeeded at both:

Prince George’s County has tentatively agreed to commit an additional $20 million to finance the Purple Line in exchange for assurances from state transportation officials that construction will begin within its borders and the command center be built there, a top aide to County Executive Rushern L. Baker III said Thursday. . . .

“I agree to accomplish each of these requests,” [Transportation Secretary] Rahn replied in an Aug. 12 letter to Baker.

Montgomery agreed to pay $40 million in additional costs and received nothing.

Baker negotiated a better deal than Montgomery County Executive Ike Leggett or Council President George Leventhal. His County will pay half as much in additional costs, obtain more, and still have the light-rail project he supported move forward.

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