Western Mass Politics and Insight

ZBA Burns/Incinerates Biomass Permit...

2012-01-27T00:44:00.004-05:00

**This post has been updated with pictures and for grammar.**

(WMassP&I)

As early as five thirty, a half hour before the zoning board of appeals hearing was set to begin, opponents of a proposed Biomass facility on Page Boulevard were arriving at City Hall. Opponents from across the city and throughout the region poured into the hearing room that more than fifty years ago housed the second of the city's two legislative bodies. As the room filled, supporters of the project were limited to a few seats off to the side. Palmer Renewable Energy's imperious local attorney Frank Fitzgerald opted to stand.

Nobody knew what to expect from the board and between that and the tenor of hearing, many opponents could only guess how the board would rule. Some were mindful of the high hurdle they would need to clear to sustain their appeal. They would need not only a strong argument, but they would need to secure a unanimous vote from the board.

Before the ZBA were three matters. Two involved biomass. The other, the first one, involved an elderly woman who wanted to erect a temporary carport on her property. The ZBA approved it with no opposition.

The real battle lay in the other two petitions. Many had hoped that the biomass issue had died, at least on the city level, when the Springfield City Council revoked PRE's special permit. However, the situation turned against biomass opponents again when Building Commissioner Steven Desilets issued PRE a building permit on the reasoning that a special permit was unnecessary. That led to an appeal from local activist Michaelann Bewsee and two residents that live near the plant's proposed location, William and Toni Keefe. The Springfield City Council, in exercising their prerogative as the authors of the zoning ordinance and issuers of special permits, filed the second appeal.

Michaelann Bewsee
(Michaelann Land Blog)

Bewsee's appeal came first and most of the arguments on the merits were the same for both the council's and her appeals. However, there were issues of standing, that is were Bewsee and the Keefe's aggrieved parties to Desilets's decision? While PRE was expected to attack the council's standing as well, that argument would likely fly directly in the face of established case law.

As would become a consistent problem throughout the hearing, ZBA chair Brenda Doherty implored the crowd to limit discussion of public health and air quality to only how it relates to the hearing. The ZBA's jurisdiction was only zoning and could only consider the public health impacts to the extent they affected standing. Despite that admonition, both sides veered away at times.

As lead petitioner, Bewsee spoke first. She outlined the long, sordid history of the project, particularly its switch from burning construction waste to wood chips. She outlined the project's original plan to burn construction and demolition waste for which the company requested and received a special permit for a recycling center on a 7-2 vote in 2008. Since then the project changed to burning wood chips and the Springfield City Council completely transformed. Following that transformation, the council revoked the permit on the grounds that the project had substantially changed.

Behind the desk are from left Commissioners Walter Gould
Brenda Doherty, Henry Nowick, Maria Perez and Daniel
Morrissey (partly obstructed). Not pictured Commissioner Jose
Gonzelez. (WMassP&I)

Bewsee argued that the building permit was unlawful because Palmer Renewable's air quality permit was being appealed by none other than Bewsee herself and other environmentalists. The city's ordinance and state regulations require that all air permits be obtained before a building permit is issued from the municipality.

Bewsee then explained how Desilets's decision was contrary to city zoning law. Although the Page Boulevard property is zoned Industrial A, which is a very permissive designation, PRE was not merely proposing to engage in "processing," one of the approved activities as of right. Rather the proposed process that the plant involved "incineration," which needs a special permit. She disputed the notion that the wood being used did not qualify as waste. Bewsee also defended her standing to appeal because the plant's emission's would affect her respiratory problems, but perhaps more critically, she defended the standing of the Keefes whose commute would be impacted by the trucks hauling waste wood in and ash out.

Pat Markey in 2007 with Karen Powell (WMassP&I)

Pat Markey, an attorney, former City Solicitor and former City Councilor who cast one of the two votes against the 2008 special permit, made the comment that would define the evening. He told the board that proponents of the plant would offer a bunch of "smoke and mirrors." He broke down the incineration requirement of the city zoning ordinance to its most basic component, "to burn to ash," and reminded the board that anything beyond that simply does not matter.

Other anti-biomass speakers drifted into air quality issues that Doherty tried to reign in. The board also heard from a real estate agent who represented the owners of the former Friendly's on Page Boulevard that worried about the impact on that property's marketability.

Desilets was represented by Lisa DeSousa, an assistance city solicitor who, as Markey predicted, began the first round of dissembling. She said that the plant would not engage in incineration of waste, refuse or offal, but would be burning fuel. That difference, if it existed at all and expounded upon throughout the hearing, would form the crux of the board's final decision. She did suggest, if not all that convincingly, that the air quality permit was actually in effect, as Bewsee and others had not requested a stay pending their administrative appeal of the air permit.

Fitzgerald, the lead local PRE attorney, only confidently assured the board that all i's were dotted and t's crossed. He, too meandered into more detail about the air quality permit than Doherty would have likely preferred, but handed most of the show off to Botson Attorney Thomas Mackie. Mackie had appeared before the council at the revocation hearing and brought his trademark condescension and attitude that defined much of his earlier remarks before the council. Absent, however, were the veiled threats of litigation he hurled at the council, as the appeals board members face considerably different political consequences than councilors. He did display at least a passing respect for Bewsee as the appellant, however.

Attorney Frank Fitzgerald, Center (WMassP&I)

Mackie, however, did continue the subterfuge. He backed DeSousa's analysis and then tried to draw in details of debatable relevance. He attacked Bewsee's petition by way of her not calling the plant an incinerator in her appeal of PRE's air permit before the Department of Environmental Protection. Further he suggested that because the city zoning statutes refers to DEP regulations that the ZBA is obligated to follow DEP rules about incinerators, which he added were banned by the state. Under that theory, the city's requirement that their be a permit for an incinerator cannot apply to PRE's proposal because were it an incinerator, then they would have needed to undergo further review by the DEP. Furthermore, he said the plant was not an incinerator, but a power plant. Under appellants theory as he understood it, he continued, wood stoves would be incinerators. Mackie went on to attack Bewsee and the Keefes' standing. He implied the council also lacked standing, but as their petition was separate (and continued) those comments were never explained. Experts for PRE claimed the traffic increase would be minimal, undercutting the Keefes' standing and that the air impact on Bewsee was too negligible to matter.

On rebuttal, Ward 8 Councilor John Lysak, whose district includes the proposed site, offered an anecdotal response to the traffic argument noting that his constituents frequently encounter considerable traffic at that intersection (Page Boulevard and Cadwell Drive). Markey bolstered that argument by pointing to a city sponsored study that found that the added truck traffic would not be negligible in the heavily industrial area, as PRE's experts claimed.

The Crowd in the Hearing Room (WMassP&I)

However, Markey humbly went for the throat of Mackie's argument noting that incineration was defined separately from the "reduction" of waste products in the zoning statute. However, he maintained that even if the two components were linked, Mackie's allusion to incinerators is irrelevant and deceiving. The zoning ordinace refers not to incinerators, which biomass proponents contended would have entailed further DEP regulation, but incineration. A process versus a specific object. Perhaps, as Markey explained, it was a power plant too, but ultimately it was one that functions via incineration. Given that, it did not matter what the DEP defined as fuel, another Mackie argument. Markey reminded the board the question before them was not one of a interpreting the DEP's statute. Rather their charge was to interpret the commonwealth's zoning statute and the city's ordinance that the state land use (zoning) statute authorized, which does not provide the guidance on fuel that Mackie said the board should follow.

Sylvia Broude of the Toxics Action Center, may have delivered the final blow when she added that the incinerator ban Mackie referred to was in reference to municipally run garbage incinerators, not privately owned and operated incinerators. She further added that whether the waste wood that would feed the plant, however commodified as fuel, was still fundamentally a waste product. A final speaker added that the waste wood, a term said to be in PRE's documents, is used to avoid carbon accounting, but does not change its status as natural refuse.

Councilors conferring w/ each other before the hearing
(WMassP&I)

During a break, opponents of the biomass plant considered a strategy of continuing the Bewsee/Keefe to another day and allow the council to present to avoid any standing issues. Bewsee moved for a continuance, but Doherty questioned the request leading Bewsee to withdraw it, letting her appeal stand on its own.

The hearing closed and the matter was before the commissioners. Many wondered whether the board would rule that night, but it soon became clear that they would. For supporters of the appeal, many worried that an adverse ruling on Bewsee/Keefe petition could cripple the council's appeal, despite the latter's stronger standing. An adverse ruling before the board would create fresh legal challenges for Bewsee in addition to procedural challenges for city councilors.

There was a brief debate among ZBA commissioners what greenwood before the ruling. Henry Nowick seemed to suggest sympathy to granting the appeal, but was unsure what and where this "greenwood" was. Doherty suggested he recuse himself if he felt he needed that information to rule, a possibility as the board had an alternate that night. Commissioner Daniel Morrissey, however, articulated what would become the board's opinion. Morrissey, himself, an attorney, stated the obvious: in Springfield, the definition is incineration. He viewed PRE's proposal as incineration. Whether it was fuel, waste, greenwood or offal, the process being undertaken at the plant will be incineration. The zoning ordinance, he explained, demands that a special permit be obtained. The other commissioners agreed, including Doherty, who said that incineration is the proposed activity at the plant and that the building commissioner had improperly granted PRE a building permit without the necessary special permit. The motion to grant the appeal passed without objection. The formal acceptance of the vote was quickly drowned out by the roar of cheers from the opponents of the plant who still packed the hearing room.

While PRE's attorney and experts scurried away quickly, opponents were ebullient. Broude, of the Toxics Action Center, was "very pleased" to see the board call this project what it is, incineration. Bewsee, whose history of activism goes back many years said she was "surprised" as Markey had told her sometimes smoke and mirrors work. When asked, as a petitioner who may be dragged into court with the city when PRE appeals, to what level she would take this fight, she replied, "We'll go as far as we have to go!"

Sue Reid (clf.org)

The board did not explicitly mention Bewsee's standing decision, but Markey suggested that in making a ruling on the merits, the board had implicitly rejected questions of standing. "I'm delighted by their decision," Markey added. Sue Reid, Massachusetts Director of the Conservation Law Foundation called the ruling "terrific." Her group, which offered testimony at the special permit revocation hearing May and is involved in the air quality appeal before the DEP, vowed to continue to monitor the process.

Within twenty-four hours of the ruling, the Republican reported that PRE does intend to appeal. However in the same article, City Solicitor Ed Pikula, who had been criticized throughout the process for his legal opinions, suggested that the decision of the ZBA exhausted the administrative appeals and that the city would stand by that decision. This solved a potential problem regarding the City Council's ability to pay for appeals if it had lost before the ZBA or before a lower court. A suit in superior court will likely name the city's zoning board of appeals as the lead defendant.

Because the Bewsee petition was decided on the merits, with the council's standing in little doubt it is fair to say that the council's petition to overturn the permit would be likewise granted. The council continued its petition to reserve the right to make its appeal within ninety days while councilors considered their legal options. Allowing their right of appeal to lapse could be catastrophic if the Bewsee petition is turned back on issues of standing by a superior or an appellate court.

For now, however, PRE has no right to build anything on its property for this project. While it technically does have its air permit, it lacks any special or not-so special permits from the city. More legal battles are ahead, but those familiar with the law note that favorable ruling from the administrative body for the appellants makes PRE's case considerably tougher. They will need to prove to a court that the ZBA's decision was unreasonable in light of the evidence not whether it was the right decision.

Councilor Allen (Facebook)

Still opponents of the plant were ecstatic. A smile overtook the face of Ward 7 Councilor Tim Allen when asked for his reaction to the ruling. "I'm thrilled," he said shortly after phoning the decision into Councilor Lysak who had to leave before the board ruled. "I'm glad that all of the points of view were heard and that this is the decision," he continued. Asked about whether the new zoning ordinance that Allen had worked on over the last term could correct some of the ambiguities that PRE's attorney exploited, Allen was non-comittal. In general, he admitted, without referring to any passages that may or may not relate to biomass "the new zoning ordinance is much clearer" and he expected a vote on it this year.

Speaking about the board's decision, Allen who endured a rough start to this year on the council, waxed a little romantic and noted the groundswell of activism from residents and the support they gave to councilors opposing the plant. "This is a strong example of how democracies are supposed to work," he said.

Biomass Goes Down in Flames...

2012-01-25T22:47:00.001-05:00

On a unanimous vote, the Springfield Zoning Board of Appeals overturned the building permit Building Commissioner Steven Desilets issued to Palmer Renewable Energy's biomass facility slated for Page Boulevard. After nearly two and a half hours of testimony, the Board rejected Desilets and PRE's contention that the wood-burning plant proposed for the site was not "incineration." While other issues, including standing were also debated, the argument ultimately turned on the ZBA's interpretation of the city's zoning ordinance, an implicit rejection of the standing arguments. The board acted on the first appeal before it, that of Michaelann Bewsee and two nearby residents. The City Council's appeal has been continued because councilors wanted to confer with each other to determine whether they should advance their appeal or wait until the sustained appeal of Bewsee and others is adjudicated in court. PRE is widely expected to appeal the ZBA's ruling.

With tonight's action, PRE officially has NO permits from the city. It only has a temporary air permit from the state, but that does not give them any right to build.

We will have more on this story tomorrow!

Manic Monday Markup 1/23/12...

2012-01-23T22:49:00.004-05:00

A late markup this week.

And the World...

Critical new sanctions were imposed up Iran as the standoff over that country's nuclear program continues. Today the European Union passed a series of sanction that will phase in an Iranian oil embargo. The embargo will heavily impact Mediterranean EU members, many of which are unable to sustain the economic damage if Iranian oil is shut off. The Saudis have promised to make up the difference. European nations, despite their new embargo, still urge Iran to come back to the negotiating.

Progress continues in Burma (which some call Myanmar). As sanctions fall on Iran, more are being lifted on Burma. Europe removed some of these sanctions. This comes after Daw Aung Sun Suu Kyi keyed up to run for Burma's Parliament and Secretary of State Hillary Clinton and British Foreign Secretary William Hauge visited the country in recent months.

The Feds:

As is old news now, Newt Gingrich dominated the South Carolina Republican primary. His win is, itself, not a surprise, but the scale of the win was surprising. It has shaken up the Republican race going into Florida and threaten Mitt Romney's inevitability. Even as Romney scrambles to reverse himself on releasing his taxes returns, he already lost his double win of the Iowa Caucus and New Hamphire Primary when the Iowa Republican Party finalized the vote in favor of Rick Santorum. Even if he secures the nomination, he has taken considerable damage (and patience) he took great pains to avoid until now.

State of the Union Tomorrow!

Gabrielle Giffords will resign from Congress this week to focus on her recovery. The Arizona Congresswoman is recovery from a gunshot wound to the head she sustained last January. Twelve others were injured and six were killed including a staffer of hers and a federal judge. In her video, embedded below, she thanks Arizonans, but promises that her public career is not over. A new election will probably be held in June. Her last official act will be attend the State of the Union tomorrow.

The New York Times contemplates why iPhones are not manufactured in the United States. The story is a fascinating review of why manufacturing is not in the United States and no, it is not just about the cost of labor.

Mark Kirk, the junior Republican Senator from Illinois had a stroke this weekend and underwent surgery. Kirk, 52, a more moderate Republican was elected in 2010, is among what's left of the moderate wing of the Republican party in the Senate. He is expected to recover, but may face physical disabilities. Kirk holds the Senate seat Barack Obama vacated to become president and was elected in a special election/regular election to replace Obama's appointed successor and for a full term that began in 2011.

The State of Things:

Scott Brown and Elizabeth Warren struck an historic agreement to limit third-party groups influence in the election. Already millions have been spent in ads opposing both candidates. Brown and Warren agreed to donate money to the others' charity of their choice equal to half the amount third party groups spend. Early reports suggest the pro-Warren groups have more or less lauded the agreement and are prepared to stand down. American Crossroads, a pro-Brown group headed by Karl Rove was less enthusiastic saying phone-banking, mailers and other activities are allowed. The pledge only covers television, radio and online advertisements. Some question how long it may last and recall the failed pact between Sen. John Kerry and then-Gov. William Weld in the 1996 senate race.

Also last week, Brown kicked off his reelection campaign in Worcester. As expected, he will be using his "deployment" last summer to Afghanistan saying he was sent there. Glen Johnson fact checks that via Tweet.

Govenor Deval Patrick delivered his State of the Commonwealth address tonight with a particular focus on jobs and community colleges are part of the solution. Included in the address was a plan to revamp community college governance which seems similar to a revamp in Connecticut for its non-UCONN public colleges. Patrick also challenge the legislature to take up the long-stalled effort to reduce health care costs in the commonwealth. Proposals were released last year to mixed results, but the governor made a harder push tonight. Patrick is expected to release his budget this week with proposed tax increases on cigarettes and candy. While the cigarette taxes have a good likelihood of passage, the candy taxes have languished in the past. The revenue is necessary to maintain health care funding. Unclear, however, is the fate of the Massachusetts Bay Transit Authority. That agency, which serves primarily the Boston area, faces a huge shortfall (again) and needs help or it will face massive cuts.

City Slickers:

The board of appeals considers the Springfield City Council's objection to Steven Desilets's building permit for the biomass plant proposed for Page Boulevard. We've got the details of what to expect!

The Springfield City Council, after scheduling a special meeting to consider the disposition of an $800,000 for intervention programs for at-risk, voted to table the matter again to look into the matter further.

Springfield may follow Boston's example and ban the sale of cigarettes and tobacco products in stores that have pharmacies. The Public Health Council will hold in February, but as in Beantown it is expected to face some opposition.

A story in the Valley Advocate by Maureen Turner looks at the investigation the Springfield Police Department has launched over the death of Tahiem Goffe last year. The article considers the difficult balancing act Hampden County's new district attorney Mark Mastroianni has faced as the NAACP and other groups demanded an independent inquiry into the teen's death.

Twitter Chatter:

There is little doubt that Gabrielle Giffords and her tragic, but inspiring journey will be remembered in history. If Giffords does make a comeback to politics, she may beat this chapter in her life and in history in its impressiveness. For now, however, we leave you with this week's tweet prize winner, Gabrielle Giffords (of course) and her tweet about finishing that Congress on Your Corner that was interupted by gunfire last year. It is a fitting and touching close to her career in the United States House of Representatives.

The Right of Appeal: A Preview...

2012-01-22T14:59:00.005-05:00

**This post has been updated to reflect clarifications of some legal issues in this appeal.**

Biomass Protesters at Revocation Hearing last year
(WMassP&I)

This Wednesday Springfield will see perhaps the highest profile showdown over the proposed biomass facility on Page Boulevard since the Springfield City Council revoked Palmer Renewable Paving's permit. Indeed, this may be more of a nail biter as most of the 2/3 of the council that voted to revoke had telegraphed for weeks that the PRE's project and its changes made it ripe for revocation. Wednesday, however, will be something different. For the first time an independent body will assess the council's decision to revoke PRE's permit. This is very different from the permit granting process PRE faces before the Department of Environmental Protection, where the issue is not the validity of the revocation or Building Commissioner Steven Desilets's permit, but one of air quality.

The Zoning Board of Appeals is a body chartered under Massachusetts General Law to resolve zoning disputes within cities and towns. The matters before it and indeed the people before it are dictated, however, by the city's zoning ordinances. In that way, the mere fact that the council, who is not the only party opposing Desilets's issuance of PRE's permit, is in part due to their own ordinance. Under Springfield zoning, the Springfield City Council approves special permits. While this has often led to some concern that a political, rather than professional, appointed body (which can also be political), approves these permits, it also puts the Council in the game to stop PRE's building permit. Because, in the council's view, its will with regard to the special permit is being subverted by the building permit, they have standing to appeal. Were they merely the writers of the zoning ordinance, they may not be an aggrieved party within the meaning of the state zoning law. In that case, only the private appellants to the building permit could go before the appeals board and, if still dissatisfied, onto court. The private actors consist of nearby residents and several anti-biomass groups like Arise for Social Justice and Stop Toxic Incineration.

Now that the appeal is before the zoning board, whether the appeal of citizens or of the council, the issue will boil down to three basic issues. It seems likely, as with any appellate board, that the board could choose to consider the appeals as broadly or as narrowly as they like. Often times, to minimize the political blowback on themselves, such boards or appellate courts will consider matters as narrowly as possible. They do not always, however. Consider the Citizens United decision from the US Supreme Court.

The overall argument of the appeal is that the building commissioner acted beyond his authority to issue the building permit. It boils down to several arguments.

(WMassP&I)

The first issue is whether Desilets acted in direct contravention of state law when he gave PRE their building permit. Appellants are expected to argue this point first and foremost since it is probably the most airtight argument. Massachusetts regulations say that before a building permit can be issued all other permits must be received first. However, this does not turn on the special permit as its necessity is under dispute anyway. Rather, appellants will likely point out that the commonwealth's Department of Environmental Protection has yet to issue PRE's air quality permit. The Conservation Law Foundation and local groups had opposed PRE's receipt of that permit as well, but were uled to not have standing by a DEP hearing officer considering the case. That hearing officer was overturned by the DEP commissioner who ordered the hearing officer to consider the matter again on the merits. Consequently, there is no air quality permit and remains in litigation.

If the ZBA wants a clean way out, for now at least, they could rule on this alone in favor of the appellants. It seems unlikely that either the Building Commissioner or PRE would appeal that ruling to court due to how cut and dry it is.

However, the other two issues will be presented too. The final two are somewhat related. Is a special permit necessary and is the facility an incinerator? The city Law Department has issued a memo, upon which Desilets relied, that said a special permit was not necessary because the new design was not, as the original now-revoked special permit, a recycling center. It is not using construction and demolition waste as a fuel and therefore is not a recycling center. Consequently, no special permit is necessary. However, the city zoning ordinance may still apply, appellants will argue. The city requires a special permit for incinerators. Because this facility, whatever the purpose, is burning wood chips, it is, as appellants will argue an incinerator. The city requires a special permit for that, which PRE has never received or requested.

Largest Smoke Stack in the World (wikipedia)

These second two issues will undoubtedly reappear if the ZBA chooses to only reverse building permit on Wednesday on the narrowest grounds. Indeed, they will likely reappear before the ZBA, unless the board sides with the building commissioner on the air permit. If the board decides to rule beyond PRE's lack of an air permit, then there will almost certainly be an appeal regardless of who wins on the other grounds. If the ZBA rules in favor of the building commission the citizens groups and the council will appeal. Biomass opponents on the council still have more than enough votes to appeal to court. That raises significant questions about the council's ability to represent itself because they cannot appropriate money, but none of the biomass opponents seem particularly worried about that.

The ZBA will have up to ninety days from the date of appeal (December 7, 2011) to make their decision. An affirmative vote is required. As an appeal is likely, the losers will have 20 days to appeal to court. If the council is on the losing end, it will likely need a special meeting to vote to appeal to court in enough time and survive a Rule 20 invocation.

If the council and the citizens groups win, then it may get more interesting. Who will appeal in that case? PRE has standing to appeal to superior court, but the defendant, if they sue, will no longer be the city council, but the ZBA. This could tidy up some of the legal wrangling as the Law Department would no longer be conflicted by having two adverse plaintiffs (the building commissioner and the board of appeals). However, as Ward 8 Council John Lysak noted at a meeting last year, there may already be conflicts within the law department that could disqualify them regardless. If the Building Commissioner appeals, which in theory he could if the City Solicitor agrees to represent him, then the Law Department becomes conflicted again. Moreover, the ZBA, as the defendant is even more unable to defend itself if the law department steps away. However, the Council and the citizens groups could easily intervene and take control of the case in court.

This situation presents a strange legal disposition. Intra-municipal conflicts such as this one have been rare for fifty years Indeed, the most authoritative case law on the matter stems from the 1920s, 30, and 40s when many of the laws governing municipalities, zoning and the like were originally written. Certainly, it is common for the controversies to arise soon after a law is passed, the lack of significant case law since suggests that these conflicts are intentionally managed away by politicians and officials. This leaves archaic, if valid case law for a legal situation that has itself become rare. One way or another, Wednesday, as important as it may be, is not the last stop on this legal train.

After the Blackout...

2012-01-19T00:29:00.003-05:00

We are pleased to see the outpouring of support for several companies blackout protest of the anti-piracy bills, SOPA & PIPA. Despite today's surge it is critical that everybody understand that this fight is not over, yet. We welcome Cong. Richard Neal's statement of opposition to the bill as written, but we encourage our readers, as other media companies have, to have their voices heard. For the record we can confirm, Neal is joined by Senator Scott Brown, his Democratic opponent Elizabeth Warren, and Representatives Capuano McGovern, Olver & Tsongas in opposing these bills.

Wikipedia, now up & running again, has a handy article on the protest with links to more information and ways to communicate with your members of Congress. Thank you to all of those who have reached out to their member of Congress and urge you to continue to do so. Perhaps now Congress will sit down with both creative communities like Hollywood and the tech communities like Silicon Valley and Route 128 to find a solution that protects copyrighted material from piracy without jeopardizing the freedom and innovation of the Internet.

UPDATED: Statement on SOPA & PIPA...

2012-01-18T13:16:00.004-05:00

**** UPDATED: SEE BELOW ****Congressman Richard Neal has released a statement on SOPA (which is the House version of PIPA and vice-versa), wherein he appears to oppose the current version of the bill. We print it in full below:

"Thank you to those who have made the effort to contact me in regards to SOPA, the Stop Online Privacy Act (H.R. 3261). Committee action on this bill has been postponed, and it is uncertain when or if the bill will be brought up for further debate. I do not like SOPA in its current form. I would like to reiterate my personal belief in the right to freedom of speech. There are few things more uniquely American than the right to voice one's own beliefs."

**The following statement has been posted to the Facebook Wall of Congressman Richard Neal who represents Western Mass Politics & Insight in the United States House of Representatives. The background of this post has been changed to reflect our support of Wikipedia, Reddit, Google and other protests across the Internet.**

Congressman Neal:

WMassP&I would like to express to you our deep reservations about SOPA and PIPA today when dozens of other online sites are blacking out in protest. This blog is fully supportive of the creative community's efforts to stop online piracy. However, the censoring and Internet provisions of these proposed laws that threaten online creativity and freedom go too far. Furthermore, despite some efforts to remove the most offensive sections, we feel that in the end, such provisions cannot be effectively purged from these bills. A new, smarter bill that is written not only at the behest of the creative community, but in collaboration with the technology community is the answer.

We as a nation are quite able to cut back on the violations and theft that imperils artists' ability to live off their creations without turning the Internet into a police state or endangering current and would-be tech companies' ability to innovate & grow.

As one of Springfield's venues for online commentary, discussion, creativity and involvement in our community, we feel it is our obligation to oppose these bills and convey that opposition to you directly. We hope that you will do the same and join the increasing ranks of your colleagues who already stand opposed to these bills. Instead, please seek NEW legislation--made from scratch--that protects the financial viability of creativity in this country but also defends and strengthens the innovation and freedom of the Internet.

-Matt Szafranski
Editor-in-Chief
Western Mass Politics & Insight

You can see our statement on Cong. Neal's page here and here.

Tardy Tuesday Takedown 1/17/12...

2012-01-17T19:36:00.000-05:00

...And the World:

Last week the limelight was on British Prime Minister David Cameron leader of the Conservative Party for his and his government's handling of the Scottish question. This week the focus turns to Ed Miliband, the leader of the opposition Labour party, whose leadership is under threat after agreeing, at least in principle, to some of the austerity measures affecting public employees. One union is openly criticizing Miliband's decision with the threat of fracturing Labour. While Miliband's remarks over the weekend were more of the substance that Labour is not in a position to promise reversing Cameron's harsh cuts should Miliband's party regain Parliament in 2015, it was read as a hard turn to the right. Labor unions in Britain supply, not surprisingly, a great deal of the Labour party's money, and a schism could threaten the party's electoral chances. Unions, for their part, fear that Miliband may be following the path of Tony Blair who often took the unions for granted while taking allegedly "centrist" positions to retain his majority in Parliament. Miliband beat his own brother, David, in 2010's Labour leadership elections with the help of the unions and the left wing of the party.

A war is brewing in the Middle East. Not Iran, but Israel. No, not with Iran! Cyber warfare has taken hold among Israel and some of its neighbors on the part of hackers. Hackers in both Israel, Saudi Arabia and elsewhere have traded claims of stolen credit cards and personal information. In the latest salvo, the Israeli Stock Exchange and leading airline El Al, were attacked.

While negotiators return tomorrow to find a means to cut Greeces debt, European leaders are becoming increasingly pessimistic that Greek leaders can enact the reforms the country needs to move forward. Unlike his Italian counterpart, technocratic Prime Minister Lucas Papademos was unable to appoint his own cabinet. As a result many reforms that have passed remain unimplemented. A Greek default in priced into the market, but only if it is orderly. A disorderly default, which could happen as soon as March, is in all likelihood not priced into markets.

Death toll rose to 11 in the Costa Concordia shipwreck off the Italian coast (via NPR).

The Feds:

With Mitt Romney seemingly unstoppable in his quest to become the Republican nominee, candidates are trying to throw everything they've got at him. A Santorum ad says the former Massachusetts governor is too much like Obama, while a Super PAC new the South Carolina primary calls Mitt a murderer!

Meanwhile, at the last debate Mitt Romney said the President of the United States, Barack Obama did not have a jobs plan. That's right folks! Mitt Romney says the President does not have a jobs plan. None. Zilch. Zero! Therefore it cannot exist! He never proposed one! Pay no attention to those links that clearly prove the president presented a bill and gave a speech on the American Jobs Act! (BTW, h/t to Greg Sargent at Washington Post for the link and also as the link points out Romney does not actually have a plan himself).

Oh, and Jon Huntsman got out of the race and endorsed Mitt Romney. It really doesn't change anything, but Lawrence O'Donnell, gleefully showed how Huntsman's endorsement is not particularly meaningful given how much he's slapped Romney around.

Democrats in Wisconsin have turned in over 1 million signatures in order to recall Governor Scott Walker. Organizers need 540,000 qualifying signatures to force a recall, which even Walker is resigned to at this point. While the effort began after Walker stripped public employees of any meaningful union rights, it has picked up steam as Wisconsinites have seen the damage that Walker's rule has wrought. Like a petition drive to repeal an Ohio union-stripping bill, the petitions were delivered by truck to the state agency responsible for elections. Petitions to recall four state senators were also submitted including against the Senate President who is thought to represent a blood-red district. State Democrats did not initially try to recall the President, Jeff Fitzgerald, because of his district's complexion so a local photographer living in the district launched her own grassroots effort to recall the Walker ally.

The State of Things:

Federal Prosecutors are gearing up to indict several employees of Massachusetts' Probation Department and their legislator patrons. In the Boston Globe article, (behind a pay wall), prosecutors working under Massachusetts US Attorney Carmen Ortiz are believed to be merely dotting the I's and crossing the T's, but an announcement of the indictments has yet to be scheduled. Prosecutors do not discuss ongoing investigations, but Grand Juries, which issue the indictments, often leak via the witnesses called before them.

The Senate race took an interesting turn over the weekend as Scott Brown and Elizabeth Warren's campaigns agreed to discuss limiting third-party groups' ads. We first tweeted about the meeting over the weekend, but the Republican followed up with a fuller article. The back and forth started after Brown challenged Warren to denounce third-party ads, but Warren returned with a starker challenge: that the campaigns work out an enforceable agreement to banish the ads. However, many question how the candidates could actually enforce a rule on third party groups who can, post-Citizens United, spend whatever they want. Glen Johnson, Boston.com politics editor, calls it political theater and it may very well be nothing more. Still, it challenged Brown to do more than complain about negative ads without Warren giving him the political high ground by accepting his request for a denunciation of ads opposed to him.

City Slickers:

Its that time of year again! The shaming of tax delinquents brings new calls to property owners to pay up before the city places liens on their property. Many delinquent properties this year include cites of former bars and clubs in downtown Springfield, which has experienced a sudden contraction of eateries and watering holes in the last couple of months.

An interesting development is brewing over a grant that the city council sent to committee at the urging of at-large Councilor Bud Williams last week. The grant is meant to help at-risk youth in the city's troubled neighborhoods. The program was started by the governor's office with the help of AWAKE, a local activist group in Springfield. However, AWAKE did not receive any of the grant money from the city who was given the money from the state to distribute to local groups. Because Chelan and DeJuan Brown, who run AWAKE, were supporters of Jose Tosado in last year's election, some sources say the result was one of political retribution on the part of Domenic Sarno.

Twitter Chatter:

In last night's debate Mitt Romney gave a stammering answer when pressed to release his tax returns. Culled from the muck of his answer last night and a clearer claim today, that may happen by April. Romney has as much admitted that he pays taxes at about a 15% rate because nearly all of his income is "investment" income and thus not eligible for the income tax. That means he pays a lower percentage of his income in taxes than most working stiffs. This may be an interesting and problematic development for the well-healed former governor, if as expected, he goes up against Obama in the Fall. In the meantime, ever Twit-witty Boston Phoenix reporter and the state's top political tweeter, David Bernstein (@dbernstein) brought together two Romney absurdities together in one tweet. Namely, his taxes and his story about hiring illegal immigrants to maintain his property in Belmont. "For Pete's Sake!" we've got to award Bernstein a tweet prize this week!

The Outer Belt Comes Off, Lashes Council President...

2012-01-12T19:38:00.004-05:00

**The following is a follow-up to our Tuesday (1/10) bulletin about the Outer Belt Civic Association's letter condemning Councilor Ferrera's Council Committee Appointments.**

Councilor Ferrera (Urban Compass)

The pressure on Springfield City Council President Jimmy Ferrera continues to mount, but Ferrera shows no sign of buckling after igniting one of the city's highest profile personal political spats in several years. Earlier this week, the Outer Belt Civic Association sent a letter to city officials and the news media condemning Ferrera's decision to dole out to two of the city's ward councilors meager committee assignments. The OBCA is a neighborhood council for the city's southeastern corner. Ward 2 Councilor Mike Fenton received no standing committee assignments, a situation without precedent in the council's recent history and Ward 7 Councilor Tim Allen, who represents the Outer Belt, received one committee. Other councilors received as many as five assignments.

The letter from the OBCA, signed by its president, vice-president, treasurer and three board members calls the appointments or lack thereof "childish" and a "slap in the face" to the people who voted Fenton and Allen into office. The OBCA writes that it needs councilors that will listen to them, not ones that "slight us because we may not always agree." The letter goes on to criticize the rather blatant political process by which Ferrera appointed councils, which, despite dictionary definitions, he claims was not "political."

In a phone interview, OBCA Vice-President Mary Dionne confirmed that her organization wrote the letter and described what brought the letter into being. Dionne said she had already decided to do something herself, but fate would have it that an OBCA Board Meeting was scheduled for the Saturday after Ferrera made the appointments public on January 5. At that meeting, the Board of Directors decided to write the letter after two hours of discussion.

Councilor Allen (Facebook)

Dionne emphasized, as the OBCA Board members did in the letter, that the most appalling aspect is the lack of communication. "Our relationship with City Councilors has always been very good," she said. There are always disagreements, but she continued, we move on from them with respect among all parties. In this case, however, she and the others felt, Ferrera had gone too far and given no notice of what he planned to do.

Dionne explained that since ward representation had gone into effect, they tended to work through Allen first and worked their way out to other councilors from there. The OBCA's concern with Allen having so few committee appointments comes from the important role committees play in council processes. Since committees review measures and ordinances in addition to gather testimony and write legislation, it seemed that Dionne felt like their ward rep and Ward 2's rep were given second class status by being largely excluded from that process. She and the OBCA were not happy with a scenario, as they saw it, where their representative was "not part of the real city council."

The OBCA demanded in their letter that the situation to be rectified and an apology given. Dionne also said they would like to meet with Ferrera to discuss the matter.

Dionne noted that neither Allen nor Fenton had any role in their decision to write a letter. Fenton confirmed to WMassP&I that the first he heard of the letter was Tuesday morning when the OBCA sent it out. Allen, in an email to WMassP&I, also confirmed Dionne's statement saying, "I had absolutely no role in their decision to write that letter."

Springfield City Council on 1/9/12 (WMassP&I)

The Republican, who reported on the letter today, noted that Council President Ferrera appears to have no intention to change course. However, it does bring to mind some parties to this hullabaloo. Namely, at-large Councilor Tim Rooke, Ward 1 Councilor Zaida Luna and Ward 6 Councilor Ken Shea.

Rooke, who often wears the Good Government halo in Springfield among at-large councilors, is also a careful politician. While he is no less the councilor of the affected wards, he had to know engaging in even inadvertent schadenfreude at Fenton and Allen's expense could upset his carefully crafted image as a good guy. He also faces risk because he also defended the notion of Ferrera simply having his turn while calling the committee outcome "to the victor goes the spoils." It smacks of the insider politics Rooke often decries, but at the same time shrugs at a seemingly unfortunate result when the event that precipitated it was preordained.

Councilor Luna (WMassP&I)

Meanwhile a conundrum faces Luna and Shea, who hit the committee jackpot the most arguably in light of either the number of assignments outright (Luna) or number of assignments given a lack of seniority (Shea). Neither has spoken publicly since the appointments were made, but since Ferrera showered them with gratitude it presents a problem for them as well. If we assume neither asked to have their decks stacked as they were (our previous report indicates Luna did not request quantity over quality of appointments), the question becomes how they could respond to the increasing pressure over the appointments.

Councilor Shea (WMassP&I)

Either one could offer to give up a seat, but doing so would likely incense Ferrera. Even if that were not a consideration, it presents a strange dynamic because at issue is the diminution of influence of two high-voting wards (2 & 7). In the case of Ken Shea, this is not really a problem because Ward 6 is among the city's most electorally active wards. However, Ward 1 is perhaps among the city's wards most in need of adequate representation before the council. Even if she believes Ferrera's actions were wrong, how could Luna beg off an assignment or two without appearing to be placating the city's more influential wards? Incidentally, this dynamic also works in Luna's favor in other matters since she has no obligation to please those wards. Luna can serve her ward's interests over those of the city's power brokers whose influence only laps at Ward 1's shores.

For what it is worth, the idea that Ferrera gave Luna the added assignments to empower that area of the city is undermined by the minimal assignments he also gave Ward 4 Councilor E. Henry Twiggs, whose ward also experiences disconnect from the machinations at 36 Court Street and elsewhere.

At this point, the likeliest outcome is that nothing will change. Allen and Fenton are not about to let this stop them and Ferrera, if the Springfield Intruder's thesis about the latter's attempts to appear more "manly" has any merit, is not about to cave now. However, it seems unlikely that pressure is going to let up either. Beyond the Valley blogosphere's general distaste, Ferrera's support in the city has been at best tenuous and this story will hang around Ferrera's neck until the next council president is appointed. However, better that this story remain and get old rather than some new gaffe appear and call further attention to Ferrera as an impolitic oaf.

Take My Council, Please: Non-Resident Evils...

2012-01-10T22:35:00.000-05:00

(WMassP&I)

Fresh from the tension and consternation brewing up from the less than stellar appointments Council President Jimmy Ferrera gave to Ward 2 Councilor Mike Fenton and Ward 7 Councilor Tim Allen, the City Council met to face its first agenda of 2012. Consequently, with a fresh, unflattering Republican article and the admonition of the city's three major political blogs (including this one), Ferrera came to the lectern to preside over his first council meeting. Lucky for Ferrera the agenda consisted of mostly non-controversial items or ones destined for further debate in committee. Although that was part of the problem with one of them.

Surprisingly little routine business was before the council Monday night. Leftover expenses needing payment was the only common item and a $1.2 million grant was accepted for improvements to the Hollywood section of the South End

However, nine like items were bundled early on and voted on en masse. Assistant School Superintendent Daniel Warwick presented the council with an authorization permitting the school superintendent to seek funding to repair schools. While councilors wished they had more information, namely how much money these projects could be, Warwick explained that that data is not available. Rather, he explained, this was merely authorization to request funding, it would not, itself obligate the city. These projects are unique because until now the Massachusetts School Building Authority only funded new building projects. Now the MSBA covers repairs and these projects, if approved by the authority, would receive state funding at an 80/20 ratio. The authorizations were approved on a voice vote.

Pres. Ferrera (Michael Beswick)

On the next item, however, Ferrera, due to either inexperience or personality allowed something slip by that should not have. An $800,000 grant for a police youth intervention program required approval from the council before it could be spent. This type of formal acceptance by the council should be one of those routine measures, but Monday it was sent to committee at the request of at-large Councilor Bud Williams. Grants Director Cheryn Wojcik tried to warn the council against that action, but Ferrera accepted the motion to committee before she could explain. Fenton rose in between items to find out what Wojcik wanted to say, but Ferrera, donning a scowl, ordered the Ward 2 Councilor to sit down because, in his estimate, the subject was closed. By contrast, former Councilor Tosado as president frequently entertained inter-item debate by members.

Wojcik told WMassP&I that the problem lay in the structure of the grant. Being a 12 month grant, that is operating on a calendar year, its immediate acceptance was necessary in order to ensure a funding continuity from last year to this year. Wojcik warned that the time between Monday's meeting, a committee hearing and the next meeting could "jeopardize implemenation" of the Police Department's at-risk youth program due to a funding gap.

Another routine item, albeit an annual one, was the acceptance of the rules and orders of the council. However, Ward 5 Clodo Concepcion and others wanted committee work on the rules. Concepcion wanted work on Rule 33, that is Reconsideration. That rule had caused problems for the council last year as members attempted to use the rule to change a vote on a special permit in contravention of state law (the state law in question prohibits revisiting a special permit after denial for two years, which reconsideration technically is). That confusion over when the rule can and cannot be applied appeared to be the impetus for the move to committee. The motion was passed on a voice vote, but there were several dissents. The unsureness of the chair should have forced a recorded vote, and one was requested from the floor, but Ferrera again said he had already accepted the motion.

Councilor Fenton (Facebook)

After that little number, the council turned toward acceptance of a series of tax abatements. The abatements included property tax reductions for national guardsmen/reservists, small businesses and additions necessary to care for elderly relatives. Changes were also made to income requirements for certain abatements. The National Guard/Reserve abatement was sent to committee to discuss the process of developing an ordinance to properly implement the abatement. The others had clear statutory language in state law. All were authorized from M.G.L. ch. 59 Sec. 5.

The main event of the night was a residency ordinance. In 1995 Springfield passed a residency ordinance that mandated all employees of the city live in the city or, upon hiring, move to the city within six months. The ordinance calls for a compliance commission to find employees not in compliance. While theoretically unionized city employees are covered too, it is possible under the commonwealth's collective bargaining law for cities and towns to bargain away any of their ordinances. Waivers to the law are permitted, but have been issued with seemingly little rhyme or reason. Nevertheless over the past decade the human resources department has not sent out residency certificates to employees and the compliance commission has gone without any appointments.

The new ordinance, crafted by Fenton and Allen, would set firm penalties on employees that do not comply. The intent of the new ordinance is to clamp down on the exceptions to the ordinance and establish a stronger regulatory regime to ensure city employees remain residents. Councilors, in introducing their ordinance stressed that there is no plan to terminate any employees, which is allowed under the 1995 ordinance.

Councilor Allen (Facebook)

While the ordinance is working its way through, however, the Human Resources department has begun the process of enforcing the existing ordinance. Certificates of residency will be sent out this year and the results of which will be compiled in a report expected before the council by March. The mayor is also expected to appoint a compliance commission. Indeed, enforcement of the current ordinance should at limit non-resident employees to those with waiver; those hired before 1995; and those excused due to collective bargaining.

Williams, who remembered the earlier fight for the original residency ordinance stood in support of strengthening the law and noted that the council must not allow the ordinance to be bargained away either. He and Allen both noted that Boston has a solid residency ordinance that terminates violators. Most of the councilors were supportive of a stronger and better enforced ordinance, but appeared most vehement about ensuring deputies and directors live in the city.

Counilor Twiggs (Facebook)

The debate took an odd turn, when Concepcion went on a tirade against Allen and Fenton for proposing an ordinance and forming their own committee on the subject. No such committee existed or ever met. Rather, Fenton and Allen proposed their ordinance as is the right of any councilor. Concepcion's bizarre tirade was largely dismissed by other councilors.

Ward 4 Councilor E. Henry Twiggs offered the best defense of a a strong residency law saying, "Anybody here [on the council] opposed to residency ought to resign!" The measure was approved for first step on a voice vote, but sent to committee where tweaks and changes are expected.

The final item before the council was an amendment to its historic preservation ordinance to provide tax incentive to those that renovate or develop historic properties. Springfield has a large number of historic homes and buildings that have suffered mightily due to neglect and blight. Several more were damaged in the tornado. That ordinance, too, passed first step on a voice vote.

(WMassP&I)

All in all, the meeting, which was largely driven by items brought up by councilors Fenton and Allen proved two things. Ferrera's decision to exile those two from committees did not minimize their productivity as much of the agenda was nevertheless driven by their items. Second, it also showed that Ferrera's control over the meeting did not stifle the two except on the Police Department youth program. That may come back to bite Ferrera if the program does face a temporary suspension as he enjoys some support from law enforcement.

BREAKING: Outer Belt Rebels, Others May Follow...

2012-01-10T15:17:00.001-05:00

Western Mass Politics & Insight has obtained a letter from the Outer Belt Civic Association condemning Council President Jimmy Ferrera's appointments to the Springfield City Council committees.

The letter calls Ferrera's appointments, which left Ward 7 Councilor Tim Allen (who represents the Outer Belt) with one committee assignment and Ward 2 Councilor Mike Fenton with essentially zero, "devastating." It demands that the situation be rectified or that Councilor Ferrera step down as president. The letter was also sent to Councilors Fenton & Allen, Mayor Domenic Sarno and the Republican.

Mary Dionne, Vice-President of the OBCA, said her organization has always had a good relationship with all councilors, but they found Ferrera's actions to be a direct afront to them and their ward councilor. She also said other civic groups were also angered and may yet act, but that only hers has come forward with a letter so far.

We'll have more as this story develops! Full story here!

Manic Monday Markup 1/9/12...

2012-01-09T18:38:00.006-05:00

Lots going on!

...And the World:

In South Africa, the African National Congress, the ruling party since free and fair election began with the fall of Apartheid, celebrated one hundred years of existence yesterday. However, the party, which holds the presidency and lopsided majorities in both houses of the legislature, reaches this centennial with a cloud over its head. Promises for a better life for blacks have fallen short and wealth remains concentrated in the hands of whites while, according to the New York Times, scandals and corruption have turned off the black middle classes. While the celebration put up a face of unity, the ANC has shown fissures over time. Nelson Mandela, 93, the Noble Peace Laureate could not attend due health reasons.

Britain's Chancellor of the Exchequer George Osbourne wants a quick vote on Scottish independence to come sooner rather than later, in a possible effort to discourage a vote for independence. While the Scottish National Party, which controls the Scottish Parliament in Ediburgh is not in favor of full independence, it does want more powers devolved from the National Parliament in London. It would like to see that vote several years from now. The Prime Minister David Cameron appears to want an all or nothing vote on independence within 18 months. It is a gamble, but the theory goes that by giving Scots a choice to receive more local control, but nevertheless maintain union in some way, the SNP wins. An independence or not option forecloses any such victory for the SNP. True independence is not widly favored in Scotland. Also problematic is the fact that an independent or merely freer Scotland could harm the Labour party, that traditionally draws important support from Scotland. The way the Cameron government has announced its plans for a referendum has irked both Labour and their own governing coalition Liberal Democrats.

If you thought Congress was dysfunctional apparently the Knesset in Israel has problems of its own. An MK from the right-wing Yisrael Beitineu Party threw the contents of a glass at a Labour MK during a heated debate over whether to fire a principal for taking students to a human rights march in Tel Aviv. The Knesset is led by the Center-right Likud party, but govern with Yisrael Beitenu, which like some factions in the GOP controlled House, enjoys its own host of fanatical characters who often drives the body further right than more rational rightists would permit. This comes at a time of increased attacks on Palestinians and Israeli military forces by militant Jewish settlers in the West Bank.

The Feds:

Cong. Gabrielle Giffords returned to her native Tuscon to mark the one year anniversary of the attack that killed six and wounded nineteen including herself. The Congresswoman, who has made a remarkable, though incomplete, recovery led the ceremony by reciting the Pledge of Allegiance slowly, but defiantly holding up her incapacitated right hand over her heart with the help of her left hand.

William Daley, the President's Chief of Staff is resigning after a tumultuous year as President Obama's right hand aide. He had been brought on in an effort to smooth over the president's stormy relationship with the business community, but is largely seen to have not really succeeded on that front. He had been working with diminished responsibilities since the fall after an effort for a grand bargain during the debt negotiations failed. He will be replaced by Budget Director Jacob Lew.

Indiana Democrats returned to the floor for the first time since the new legislative session began, but made no promises to remain through the week and allow passage of Right to Work bill. The bill is a top priority for Governor Mitch Daniels, but would likely cripple labor in this red, but otherwise union friendly state. Right to work prohibits contracts that require workers to pay union dues, and the result is, not surprisingly, weaker or no unions as workers can get the benefits of negotiation at no cost to them. Under federal law, nobody can be forced to join a union, only pay the necessary costs of negotiations. Supporters also argue that more and better paying jobs exist in right to work states, but experts disagree with that notion. Weighted for cost of living, wages are in fact lower in right to work state, which are most common in the South and Midwest. Democrats in Indiana have used the state's 2/3 quorum requirement to stall the process and want, at minimum, more hearings across the state before permitting passage. A legislator walk-out last year delayed further debate on the subject until now. A similar bill in New Hampshire was vetoed by Democratic governor John Lynch, but several Republicans have joined Democrats in sustaining the veto in the New Hampshire House.

Oh, and Mitt Romney likes to fire people. His quote is kind of out of context, but he's been doing that to President Obama for a while now and now wants to be treated as he himself does not treat others.

The State of Things:

Senator Scott Brown had a record fundraising haul in the fourth quarter, raising $3.2 million since the start of October. That brings his yearly total to $8.5 million and his cash on hand to $12 million. Elizabeth Warren, the presumptive Democratic nominee has not released fundraising numbers yet.

Meanwhile, Elizabeth Warren has eliminated any concern that she is at all like Martha Coakley, almost deliberately doing what Coakely allegedly did not like to do. Shake hands at Fenway Park...in the cold. Warren was at the stadium for the Frozen Fenway College games. Here's another photograph from outside with fans. (h/t Mother Jones)

Meanwhile, the saga over Lt. Gov. Tim Murray's car crash goes on. Most recently, he emailed supporters saying that the falsh rumors that have dogged him since (including claims of intoxication) were false. Murray wrecked a state car while driving to survey storm damage last year. Murray now believes that he nodded off when the vehicle crashed. The car's "black box" recorded a 108 mph speed. A fair degree of forensic evidence does seem to support Murray, who is widely seen as a leading contender for the 2014 gubernatorial race. However, the worse thing for Murray may be those rushing to his defense. Ladies and gentlemen, former Springfield mayor Michael Albano (h/t to Dorchester Reporter writer Gintautas Dumcius).

City Slickers:

Well that was fast! Not even council president for a week and at-large Councilor Jimmy Ferrera has not only egg on his face, but a whole breakfast. Over the weekend the Republican printed a story in which Ferrera denied his appointments to council committees were vindictive. He appointed Ward 2 & 7 Councilors Mike Fenton and Tim Allen to only one committee each. Fenton's appointment was to a special animal control committee making him the first in recent city history to receive no appointments to a standing council committee as we reported yesterday. Maureen Turner rightly calls Ferrera's actions an "insult" to Fenton & Allen's constituents and notes his petty retribution toward two of the council's more engaged members does nothing for the city. Bill Dusty says Ferrera even messed up his effort to stick it to his enemies.

The meeting tonight will focus on new abatements for city taxpayers and revisions to the city's residency ordinance. Councilors hope to work with the mayor to strengthen the city's requirement that city employees live in the city, which after modification by the Finance Control Board has become effectively useless with numerous waivers being granted on a near-constant basis.

Friendly's emerged from Chapter 11 bankruptcy today, but another 37 stores did not. Two of the company's Springfield stores, one at Five Town Plaza on Cooley Street and one on Page Boulevard closed after new leases could not be negotiated with landlords. The Holyoke Mall and Longmeadow Shops stores also closed for the same reasons.

Twitter Chatter:

Twitter has long been a haven for parody accounts of public officials. They are a chance to lambast officials either out of fun, out of righteous indignation or out of juvenile spite. Springfield, with its political apparatus possessing little interest in social media, has not had many, but a newcomer on the scene has change this. Many groaned when new broke that at-large Councilor Jimmy Ferrera became Council President, but after some pretty awful quotes in the weekend story linked above, it became clear that those fears were justified.

Somebody, identify unknown (it is not us, we wish we had been that clever) has formed their own Ferrera parody Twitter handle, @JFerreraquotes. The handle includes real quotes from Ferrera, updates and also parody statements very similar to actual Ferrera statements. When we found this handle, we began following it, which provoked this tweet spoofing Ferrera's stated reason for shafting some councilors with committee assignments. Based on the premise of this tweet's logic, we expect to be on easy street once the person behind this account is "elected."

"I Am Not a Committee!"...

2012-01-08T15:32:00.011-05:00

**This post has been updated to reflect additional reporting and council committee statistics.**

The Title is a quote from Princess Leia
Played by Carrie Fisher (Wookiepedia)

Inaugurating a new city council in Springfield is more than just one day. It is a process that in its way takes several days from the fanfare of the inauguration itself to the first formal meeting where several pieces are discussed. Somewhere in the middle the committee assignments are doled out by the City Council President, who in 2012 is at-large councilor James Ferrera. A former Associated Press reporter based in Boston once described former Massachuetts Senate President William Bulger's philosophy as this: government is to be used to help your friends and screw your enemies. Despite Ferrera's claims to the contrary, it appears he did just that in assignment committees.

A reshuffling of committees and their chairs is not unusual. As decentralized as the council presidency is compared to, say the Massachusetts Senate presidency, it does retain one prominent feature. The council president selects the committee chairs and the councilors who serve on those committees. Often committee chairmanships are doled out to those who support the president's nomination. It is not uncommon for committee heads to have their chairs pulled out from under them either because somebody else has found favor with the president or because it is simply time to share. However, in recent years a council president-elect has not gone this far.

While on a state level this practice is not uncommon as several supporters of House Speaker Robert DeLeo opponents from the 2009 speakers race can attest. However, blatant snubbing of this kind among councilors is not a characteristic of Springfield’s otherwise often merciless political milieu.

Councilor Ferrera (Urban Compass)

An analysis of committee chairmanship assignments by Ferrera, however, appears that the council president plunged the knife a bit deeper into some of his colleagues. Although Ferrera denied any vindictiveness in his assignments in a recent Republican article, it seems that several conventions and standing principles fell by the wayside.

First of all Ferrera appears to have broken with a precedent going back to at least 2006 in which the council president does not serve on a committee. Although both of his own assignments were on special, rather than standing committees, over the past six years the president officially served on no committees. This custom may be due to the fact that the council's own rules define the president as an ex-officio member of every committee. It is also possible that Ferrera kept both assignments for himself as the Green and Responsible Employer Ordinance committees have, to some extent, been pet causes of his. Still, records show recent Council presidents Bill Foley, Jose Tosado, Kateri Walsh and Bud Williams did not serve on any committees.

There is no way to over state the fact that Ferrera’s decision to reshuffle committees is not at issue. The problem is the distribution of the committee assignments. Ward 2 Councilor Mike Fenton and Ward 7 Councilor Tim Allen were given only one assignment while Ward 4 Councilor E. Henry Twiggs and at-large Councilor Kateri Walsh received only two. None of that four were among Ferrera’s early declared supporters announced after the election. Indeed, Allen had pursued the council presidency himself last year, but ended his efforts when it became clear that Ferrera had enough support.

"I Never put anybody in an awkward position,” Allen said and “stopped pursuing” the presidency when it was clear Ferrera had the votes.

At-large Councilor Tim Rooke, when asked about supporting Ferrera despite a connection to the probation scandal, told WMassP&I that an informal agreement made before the introduction of ward representation dictated his support. At the time Rooke’s response, though apparently sincere, seemed partly a reaction to the questions raised about Ferrera’s employment. However, other councilors say Rooke told them a similar story.

Councilor Allen (Facebook)

While Allen and others were not happy with the process, which some sources say went back to March of last year, it was the appearance of political retribution against those that did not initially support Ferrera’s bid that troubled councilors most. Councilors were less concerned about losing chairmanships or seats on specific committees, than the sheer dearth of any assignments at all.

If Ferrera’s election to the Council Presidency was dictated by an agreement to which nine councilors were not a party and effectively a tradition, Ferrera maintained no such respect for tradition in divvying up the committee slots either. Throughout the years, there was a degree of equity and fairness in the committee assignments. Everybody got a seat on a committee if not the one on the committee of their choice.

Historically, the biggest complaints arose over the chairmanships of committees. Indeed, former Councilor Rosemarie Mazza-Moriarty had one fairly public spat with then-Councilor President Bud Williams over chairmanships in 2008. Mazza-Moriarty had sought the presidency herself for that year, lost and later protested not having a chance to serve as president herself as Williams had served in that capacity before and she had not. However, Mazza-Moriarty did receive seats on committees including Maintenance & Development, one of the council's standing committees.

In making his selections for committees Ferrera broke with that seeming tradition of giving all councilors a seat at some committee tables. In last year’s council, for example, every councilor served on at least two committees, one of which was a standing committee. Going back to at least 2006, one year before Ferrera joined the council, every councilor sat on one or more of the council's standing committees. Others like Allen received chairmanships despite, in Allen’s estimation, not being among the crucial first seven votes Jose Tosado needed to secure the Council Presidency in 2010 and 2011.

Councilor Fenton (Facebook)

Ferrera claimed, in a rather unflattering Republican article, that “I had to accommodate the individuals who supported me early on first,” and gave the councilors who supported him last the scraps. Although he claims that the process was not vindictive, it seems hard to give that much credibility when the some councilors like Ward 1 Councilor Zaida Luna got five committee assignments, including several she already served on. Fenton got one, a seat on the City’s Animal Control Advisory committee. The Animal Control Advisory Committee is a special, not a standing committee

To some council watchers, Fenton was essentially assigned to the doghouse, especially since he is the only councilor on the committee. The same Republican article says Fenton is declining the animal control seat because that committee’s schedule conflicts with his work schedule, a conflict of which Fenton says Ferrera was aware. In other words, for the first time in recent memory, a councilor will effectively be on zero committees, on top of not receiving any standing committee assignments, an unprecedented situation in itself.

Others, like newcomer Ward 6 Council Ken Shea got four assignments, including one chairmanship despite being arguably the council's only freshman member (at-large Councilor Bud Williams has served before). Although many freshman got chairs in 2010, two-thirds of the council was new then. Compare to 2008 when Pat Markey joined the council and was given no committee chairmanships, ostensibly because he was a newbie, too. Although in 2006 Bruce Stebbins, then a freshman, did get a chairmanship.

Councilor Luna (WMassP&I)

Whether the assignments were vindictive or not, there is some evidence that Ferrera used the process in a far more political way than he is admitting. A source familiar with City Hall's processes says Ferrera assured Luna that she would be "taken care of." The implication of the exchange was that Luna, who already served on numerous committees under Tosado’s presidency, had less of a desire to be on so many committees or on any specific committee, bur rather to be on a committee with more activity. Consequently, it seems hard to justify Ferrera’s decision to stack her committee assignments at the expense of Allen, Fenton and others unless he took Luna’s desire to be “more involved” as a wish to be seated on more committees. Luna, while often quiet at council meetings, has given no indication of being quite that shallow or surface level to desire quantity over quality of appointments.

Despite this rather public row among councilors, neither Fenton nor Allen are willing to let this stop them from doing their jobs. Throughout the phone interview, Councilor Allen expressed a concern about the appearance that this imbroglio makes the Council look like Washington, a reference to the chronic dysfunction that defines national politics. He said that fair, honest disagreements on policy are to be expected, but that personal disagreements only cause the public to lose confidence in the system.

"I really believe in Democracy in my heart and I want people to have confidence in their government,” Allen said. His own commitment to public service remains unshaken and Allen has received support from friends and constituents. With lots of work due before the council in the month ahead, Allen is determined not to let this situation get the better of him. “I don’t go away,” Allen added.

Another Battle for the Senate...& Iowa...

2012-01-04T15:03:00.002-05:00

We have some pretty big Massachusetts political news bubbling up from the streets of Springfield, but first a quick word on Iowa. Willard Mitt Romney should have stayed away. Yes, he won by eight votes, but unlike the polls that raised up and slapped down anti-Romneys before, the effective tie Rick Santorum secured means Romney will be spending valuable time and money batting him away for weeks to come. Santorum has a heavy lift garnering money and supporters, but with Michele Bachmann out ~~and Rick Perry effectively so~~, Romney will have to slog through a probable South Carolina loss and a possible a Florida defeat, too. By Michigan, he should be alright, but he will be damaged and he will still not be the best candidate to lead a fractured GOP into the general election.

Nevertheless, Democrats should remain nimble. They have spent a great deal of time sharpening their spears for Romney, but they should at least prepare for the unlikely possibility of a Santorum challenge, if for no other reason that he could be a possible Vice-Presidential nominee.

Councilor Melvin Edwards (Facebook)

Now onto the local political fun. WMassP&I has confirmed that Springfield Ward 3 City Councilor Melvin Edwards will challenge James Welch in September's Democratic Primary. Sources close to councilor say he will make a formal announcement within a couple of weeks. Edwards was elected in 2009 in the city's first Ward elections in decades and was unopposed in November's municipal elections. He was sworn in Monday for another two year term.

Although Edwards's ward in 2009 featured meek turnout, he won with 62% of the vote. Since joining the council Edwards has usually been among the more fiscally vigilant bloc of the council. His ward, which includes the South End and Six Corners sustained heavy damage from the June tornado. Indeed, Edwards himself recounted his own harrowing experience during the twister at a council meeting following the storm. Edwards was among the early supporters of at-large Councilor Jimmy Ferrera's bid for council president which many saw as an attempt to smooth over their otherwise less than ducky relationship. Edwards has on more than one occasion sparred with Ferrera often to the latter's embarrassment.

The opportunity for Edwards to challenge Welch came about from redistricting. Seeking to avoid the embarrassing violations of the Voting Rights Act during redistricting after the 2000 census, Beacon Hill's redistricting committee significantly rebuilt Welch's district to make it minority-majority. Agawam was dropped from the district, while several minority portions of Springfield extending as far as Indian Orchard were brought in. Minority communities in Chicopee were also drawn into the district. Whiter parts of Springfield, particularly in Forest Park were deposited into Gale Candaras' District as well.

Rep. Ben Swan (Facebook)

According to other City Hall sources, Edwards had been planning to mount a challenge against Representative Ben Swan, an invincible fixture of Springfield's African-American community for decades. Over the last ten years Swan has faced several challenges and has turned back all of them from young up and comer Lorenzo Gaines to the oft-criticized Chelan Brown. Edwards's challenge to Swan may have met a similar fate, but redistricting scrambled the edges of Swan's district ejecting Edwards's precinct while preserving its historic heart in Mason Square.

While Edwards certainly faces long odds against Welch, he does face some advantages. First of all Welch is only a freshman senator, which entails less incumbent strength than usual. Second the change in the district's complexion complicates Welch's reelection. Forget for a moment that the district is minority majority. Thousands of people who were not in Welch's district before are now his constituents. To them, he is not an incumbent. Finally, since Linda Melconian retired from the same seat in 2004, Springfield has not had a Senator from the city itself. That could play well to residents who may want representation closer to home.

Sen. Jim Welch (Facebook)

In the same vein, the district is now Springfield heavy. Under the old map, Springfield was split about 50/50 between Welch and Candaras' districts. With each senate district containing about 150,000 people (incidentally Springfield's historical population over the last thirty years), Springfield was about equally weighted by its neighbors. For Welch's district, which already included many of Springfield's lower turnout minority communities, this weighted the influence to Agawam and West Springfield. Now with Agawam gone, the tables are turned and the district overwhelmingly consists of Springfield residents.

Edwards has also been known for gleaning considerable crossover support. Among his prominent supporters during the 2009 campaign was conservative Bill Dusty. Although Edwards had the benefit of a nonpartisan municipal election in that race, he could draw upon that appeal to draw in unaffiliated conservatives in a primary election, which will almost assuredly be a more important election than the general.

Ultimately the biggest X factor is what will turnout be. The Primary this year is bizarrely on a Thursday to avoid a conflict with a holiday. Why legislators did not simply move the date to another Tuesday is not clear, but with poor turnout on normal primary days, a Thursday election may throw off supporters from either side, but especially Edwards's. However, with enough organization and enthusiasm could counter those additional hurdles. If he can secure that ground game and sufficient financial support we could be in for a hell of a race.

New Government, Old Faces...

2012-01-02T19:06:00.002-05:00

The Mayor's Procession Line (WMassP&I)

In a tasteful, but crowded ceremony at City Hall, Springfield swore in its City Council and its Mayor Domenic Sarno for another term. Sarno will be serving the city's first four year term following enactment of a ballot question in 2009 that extended the mayor's term. The School Committee is on a different election calendar and therefore members of that body neither faced the voters last November nor needed to be sworn in.

Typically, the city's inaugurations are held in Symphony Hall, however the city still put on a show which included typical guests like Cong. Richard Neal and speakers on behalf of the Massachusetts Senate and House. State Senator James Welch and Representative Angelo Puppolo spoke on behalf of their respective bodies.

Also in attendance were Sheriff Michael Ashe and District Attorney Mark Mastroianni.

The invocation was provided by Our Lady of Mount Carmel's pastor, Robert White while City Clerk Wayman Lee administered the oath of office to the council.

Cong. Neal in December, 2011 (WMassP&I)

Congressman Richard Neal offered words of support on behalf of the United States House of Representatives. He waxed somewhat nostalgic about his own service as mayor of the city and as a councilor remarking that he had taken office in that same chamber some thirty-four years ago. Neal also emphasized the continuity between the council and the public service careers that began as members of that body.

Welch, in his first speech before Springfield's organizational meeting as one of the city's state senators, offered an anecdote about how his mother told him to say "hi" to mayor Sarno as evidence of the mayor's personable demeanor and its benefit to the city. He also insisted the area have no more storms. The legendary weather events that plagued the Springfield area played a prominent role throughout the ceremony.

Puppolo, by contrast, offered more direct praise to Sarno, a former colleague of his. When Puppolo resigned from the council in 2007, Sarno was still a councilor. Puppolo conveyed his sense that Sarno had the respect and confidence of both governor Deval Patrick and House Speaker Robert DeLeo following the June tornado and October blizzard.

Sarno w/ Judge Mary Hurley (WMassP&I)

Former Mayor and current Chicopee District Court judge Mary Hurley administered the oath of office to Mayor Domenic Sarno along with City Clerk Lee.

In his remarks before the audience, Sarno struck a notably humble tone, noting that the decision by residents to enact a four year term for the mayor was made for a reason. Specifically, he said that residents were likely looking for more vision and a capacity to limit the short-term impact of politics upon the mayor's office.

Sarno set out five pillars for his term. He used a similar metaphor in 2010, but the pillars themselves differ from that speech. Public safety, public education, job creation, citywide revitalization and fiscally responsible delivery of government services formed the basis for the mayor's policy objectives over the next four years. Sarno went on to note the extraordinary weather and also thank Gov. Patrick and Cong. Neal for their work and commitment to the city during its recovery.

Likely mindful of the public and not-so-public spats he has had with councilors as well as among councilors and residents, Sarno quoted President Kennedy saying "Together we have been partners in adversity. Let us also be partners in prosperity." As the white mayor speaking before a largely white audience of a decreasingly white city, these words perhaps took on greater meaning. Sarno closed by noting the rebuilding efforts in the city, fueled by unprecedented citizen participation, and asked residents to contemplate, somewhat Kennedy-esque, what they can do for the city of Springfield.

The 2012-2013 City Council From Left Clodo Concepcion, Melvin Edwards
Michael Fenton, E. Henry Twiggs, Kateri Walsh, Zaida Luna, Bud Williams
Jimmy Ferrera, John Lysak, Tim Rooke, Thomas Ashe, Ken Shea, Tim Allen

After the mayor's remarks, the City Council began its organizational meeting. Normally, this process is carried out away from the limelight as the main ceremony is held at Symphony Hall. However, the combined nature left a captive audience to watch both the formal selection and swearing in of the council president and vice-president and the more mundane, if practical lottery that designates where councilors sit in the chamber.

Following a prayer led by the Reverend Talbert Swan, the council nominated and swore in at-large Councilor Jimmy Ferrera and Ward 8 Councilor John Lysak as president and vice-present respectively. Judge William Boyle swore in Ferrera. The added attention also gave Ferrera the chance to give a speech himself. Although the television cameras had already bailed to film Sarno in a press gaggle, Ferrera gave a rather familiar generic boilerplate speech outlining his goals. Some seemed overdue if not already implemented (putting city's expenses online) or givens for an at-large councilor like himself (conducting a listening tour). Others seemingly implied powers that the city council does not really possess. However, an ad hoc casino committee is not outlandish, if a bit early even though no casino licenses have been doled out yet.

Councilor Ferrera (Urban
Compass)

The overall flavor of Ferrera's speech suggested a Council Presidency stronger and more meaningful than the position actually is. At-large councilor Tim Rooke once recalled that the Council Presidency entailed greater de facto powers than it does presently including the right to represent the council before the press and elsewhere, excluding members dissenting from the way a measure passed. Today, the presidency is largely confined to assignment of committees and moderation of debate at meetings. Indeed the president must relinquish the podium to the Vice-President or the next senior member if he or she wishes to participate in debate.

Councilor Lysak (WMassP&I)

Interestingly, the decentralization of the council presidency in Springfield is in contrast to the centralization of power within presiding offices of state legislative bodies across the country. Part of this is due to the absence of political parties in municipal government. However both that factor and resulting diminution power of presiding officers on the Springfield City Council makes for a better run body like the small city council and empowers councilors with greater independence.

Puppolo and Representative Ben Swan offered additional remarks to the city council, but by that time much of the crowd had begun to spill out seeking refreshments in an adjacent room. Others waited patiently during the remarks and while Vanessa Ford sang God Bless America, having sung the national anthem at the top of the program.

Manic Monday Markup 1/2/12...

2012-01-02T17:21:00.000-05:00

HAPPY NEW YEAR!!!!!!

...And the World:

Fresh protests broke out in Europe, not so over German-imposed austerity or the alleged break down of democracy, but against a more explicit break down of democracy in Hungary. The ruling party has used its 2/3 majority to make historic changes to the constitution inhibiting the independence of the press and the judiciary. An measure was recently passed to weaken the independence of the Central Bank.

In Britain, Prime Minister David Cameron has said his country can only secure "some protection" from coming debt storm. While Cameron received plaudits at home for refusing to go along with a new Euro treaty, the poor state of the British economy continues to haunt him going into 2012. Cameron and his Conservative Party do not face reelection until 2015, unless his coalition partners the Liberal Democrats call it quits and force a no-confidence vote.

The Feds:

Iowa beckons! Romney looking good, but ever paranoid. Ron Paul looks to New Hampshire already, while Rick Santorum hopes Iowas love him as much as he is sure God hates homosexuals. Certainly his surge may prove the former. Should Santorum score a coup and come in first in Iowa, it could end the certainty Romney has enjoyed for sometime. While a Romney nomination remains the most likely, a longer primary battle is hardly something Romney wants to live through, especially with a touch fight in South Carolina expected.

Over the weekend, President Obama signed the National Defense Authorization Act, which included some chilling detention provisions for non-Americans and Americans alike. However, President Obama issued a lengthy signing statement that could calm some short-term fears among civil libertarians. Essentially the president promised to maintain due process for prisoners consistent with the American legal tradition and history. The fear of course is not that Obama would actually indefinitely detain Americans (although many do fear just that), but rather with this law on the books a future president would do just that.

The State of Things:

Lots of swearing-in goings on this week. While Springfield swore in its City Council and mayor for another term, Boston also did the same. That city council only welcomed one new member, Frank Baker, who replaced Maureen Feeney, a one-time city council president. Baker's election was something of a surprise as his opponent was backed by the politically powerful mayor, Tom Menino.

Tomorrow, Agawam, Holyoke, Northampton, West Springfield will swear in their municipal governments. Chicopee also swore in its municipal government today.

WBUR in Boston documents how, despite a rosier economy in the Bay State than the nation, the income gap is widening here in Massachusetts. Not an altogether surprise considering the disparity between Boston and other regions in the state. However, even on a micro level, there is immense disparity between say Beacon Hill and Mattapan, both neighborhoods of Boston.

City Slickers:

Springfield swore in its City Government today. Mayor Domenic Sarno began the city's first four year term for mayor. The Springfield City Council welcomed former councilor Bud Williams as an at-large member and Ken Shea as the new councilor from Ward six. At-large councilor Jimmy Ferrrera was sworn in as president and Ward 8 Councilor John Lysak was sworn in as Vice-President. Until our report is up, enjoy the Republican's fairly decent write-up.

Twitter Chatter:

We will leave you with this tweet from the Boston Globe's Politics Desk. In the story by Globe Reporter Matt Viser, linked therein, we find Mitt Romney engaged in a bit of irony. A Mormon rallying his troops in a dance hall? Hmmmm. It may be wrong to dislike Romney for being a Mormon, but it sure may lead to awkward headlines like this.

The Year in Springfield, 2011...

2011-12-31T19:34:00.005-05:00

(WMassP&I)

With another year under Springfield’s belt comes another edition of the Year in Springfield. In its 375th year of existence the City of Homes suffered through one of the most erratic year of weather on record which brought a range of immense destruction and gross inconvenience. Politically, it was also a tumultuous time from Springfield City Hall to Beacon Hill to the steps of Harvard University.

The year 2011 opened in Springfield with an eye, as in other places, to Washington, where a cadre of increasingly nihilistic “citizens” took their place in Congress and in state capitals across the nation. While the boat rocked in Massachusetts with a shrunken, but still massive Democratic edge in the State House, Governor Deval Patrick took the oath of office once more.

However, America was rocked only eight days into January when Arizona Congresswoman Gabrielle Giffords was shot in the head, by quite literally a madman. Early accusations pointed to tea party extremism, but ultimately mental disease and not right-wing anarchy drove the young man to shoot Giffords and twelve others while murdering six. Gifford suffered a traumatic shot to the head, be saved by the quick thinking of her intern of five days.

Cong. Gifford w/ her Mother weeks

after the shooting (PK Weis via Facebook)

President Barack Obama, given his first significant opportunity to play the healer-in-chief gave a stirring speech at a memorial service attended by Arizona’s Senators, its governor with Obama has frequently clashed, Giffords’ husband, Mark Kelly and Supreme Court Justice Anthony Kennedy, who oversees the Ninth Circuit within which the slain judge, John Roll, served.

The event took on somewhat of a local relevance when Congressman Richard Neal held a press conference after the shooting noting that he had known Giffords and had raised money for her ahead of what had been a difficult reelection in 2010. However, he also urged that parties take down a notch the vitriol and anger that had become pervasive in politics whether Loughner was driven by politics or not.

Also in January Amaad Rivera took office as the Ward 6 Councilor following the resignation of Keith Wright. He took office because the city’s succession law is only written with only at-large councilors in mind and fills vacancies with runners-up. Technically, Rivera was a runner-up even though he lost the 2009 election. The chorus of dissent included this blog and came to a head on a vote for eminent domain as part of Forest Park Middle School renovations. Rivera invoked Rule 20, the council’s parliamentary motion to delay the project to the shock of other councilors. While we would settle our differences with Rivera, many remained incensed over the use of Rule 20, ironically including some who would encounter similar anger over its usage.

Councilor Amaad Rivera (WMassP&I)

However, the focus on Rivera would lessen as he became one of a super-majority of councilors that opposed a wood-burning biomass plant. The special permit had been granted in 2008 by the last council on a 7-2 vote. All ward councilors and two at-large councilors, including Jose Tosado who voted for the permit in 2008. The Callahan Family, owners of Palmer Renewable Energy and like-named paving company poured money into experts who dismissed, often condescendingly, the health concerns raised by opponents. Against the din of protests and threats of legal action the council revoked PRE’s permit on a 10-2 vote.

The nation received another jolt in May when a very late Sunday night Presidential address announced the death of Osama bin Laden. President Barack Obama, following a week of further birth certificate antics and a successful skewering of birther-in-chief Donald Trump at the White House Correspondent’s Dinner, ordered the covert operation. Bin Laden had been hiding in a compound in Abbottabad, the home of Pakistan’s version of West Point. Crowds of largely of twenty-somethings, who had grown up in the age of terror, rallied across the country.

Massachusetts’s “model” Republican seemingly entered his second year seemingly impervious after initial fears that the Republican wave he started barely washed upon Massachusetts. Scott Brown released a lurid biography which included a claim of childhood molestation at a Cape Cod camp. However, Brown, whose media access is more carefully controlled than Coca-Cola’s secret recipe, mistakenly claimed to have seen photos of a dead Osama bin Laden, which had already been exposed as a fraud. The impervious Brown construction has never fully recovered.

On June 1, the heavens opened up and series of tornadoes scarred the landscape of Hampden County. From space it looked as though a great talon had dug itself into the ground Westfield and dragged itself east through West Springfield and Springfield, Wilbraham and Monson. The devastation was particularly bad in the South End, Maple Heights, Six Corners and East Forest Park sections of Springfield as well as in downtown Monson. The freak storm attracted reporters from media outlets like the Los Angeles Times and of course area politicians who vowed to help the city and region rebuild to varying degrees of credibility.

Damage in East Forest Park (WMassP&I)

The tornado also proved to be among the most prominent nails in the coffin of those who would challenge Springfield Mayor Domenic Sarno for office. While anecdotal evidence paints a more blurry picture, the media and conventional wisdom suggested that Sarno acted admirably and competently during the worst natural disaster to hit the city in decades. He had, in fact, an incredible amount of help between state and federal disaster relief agencies. The Federal Emergency Management Agency had already faced pummeling tornadoes in Alabama, Missouri and Mississippi, and regained respect six years after Hurricane Katrina.

While Congressional Republicans and President Obama squared off on the budget in Washington, the same was happening at 36 Court Street. A cabal of City Councilors sought to slim down Sarno’s budget to protect the city’s reserve funds ahead of tougher budgetary times ahead. A process that normally took weeks dragged on for month as councilors and the mayor struggled to control costs with declining revenue. Added revenue from the state helped end the debacle.

From Boston to Washington Democrats had a problem. Scott Brown was seemingly popular and Massachusetts bench offered few strong challenges. Brown had already vanquished Martha Coakley. Deval Patrick doesn’t seem interested in running for anything again and Ted Kennedy’s Widow took a pass. The result was several candidates who could have the potential to challenge the Barncoat Bomber, but not with only a year and a half to prepare.

Elizabeth Warren speaking in Chicopee (WMassP&I)

Meanwhile, Elizabeth Warren was setting up the Consumer Financial Protection Bureau in Washington. Rumblings began as early as the beginning of the year that Warren, a Cambridge resident and Harvard Law Professor could be a contender for the Democratic nomination. Even as she worked to get the CFPB up and running, Warren faced constant and consistent opposition from Senate Republicans forty-four, Scott Brown excluded. Obama would not nominate Warren to head the agency and Warren returned to Massachusetts. Then a posting on the Liberal blog Blue Mass Group ignited the embers of a campaign. Warren met with Democratic activists across the state as she contemplated a Senate run.

Even as some in politics sought to burn the house down from within, fire began to creep up from the streets. Protesters in the Middle East would peacefully overthrow two dictators and forcibly oust others. However, the protests would not be confined to Arab world. With anti-labor governors taking the helm in the Midwest, protests that dwarfed some of the largest tea party rallies of yesteryear countered union-busting legislation. Republicans in Wisconsin and Ohio were successful in passing their draconian bills, but it provoked massive backlash and would ultimately prove a dress rehearsal for protests later in the year.

Union Seals of Communication Workers of American & Int'l

Brotherhood of Electrical Workers, the striking Verizon

unions (wikipedia)

With public employee labor under pressure in Middle America, it was only a matter of time before private sector labor unions would feel the pressure. Employees of Verizon’s landline business including several thousand in Massachusetts held their first strike. It was one of the largest industrial actions in the United States in recent memory and was precipitated by the bad-faith negotiations of the company and its unrealistic demands. Although the contract remains unsettled, the strike is thought to have been a disaster to Verizon who faced picket lines that turned away customers at the non-union wireless stores. Workers returned after two weeks on strike with an extension of the existing contract.

After a summer of debt ceiling negotiations, the White House seemingly caved to Republican pressure and agreed to a compromise. A Congressional “super committee” that included our own John Kerry sought further cuts, but was doomed to failure. Meanwhile, after protests around the world for better economic justice and democracy, activism came the United States. Occupy Wall Street encampments set up in hundreds of US cities. While Occupy Springfield, MA never really got off the ground, Occupy Boston would become one of the longest lasting occupations. Even as the encampments shut down when the fall dragged on, the movement is widely accredited with changing the conversation of the country from austerity and debt to a discussion of job creation.

Two years after the introduction of ward representation, interest in ward races was minimal at best. Only Ward 8 incumbent John Lysak faced an opponent on the ballot, indeed the same one he defeated by a hair in 2009. Six other ward incumbents faced no opposition and the ward 6 seat, vacated by Rivera for a run to an at-large seat, only had one balloted candidate, Ken Shea. The at-large vacancy came about as Jose Tosado made a run for mayor.

At Sarno's Kickoff Event (WMassP&I)

Tosado as well as School committeewoman Antonette Pepe vied against Sarno in the September Preliminary. Pepe took on a far more populist approach directly challenging the mayor even on the tornado. Tosado offered a much more measured approach attempting to channel general dissatisfaction with the city’s progress. A sign of Sarno’s strength came in the preliminary when he scooped up well more than half of the votes. Pepe was defeated and enforsed Tosado. After struggling to gain traction for much of October, the death knell for Tosado’s bid came when an October storm knocked out power for much of the city. The mayor suspended his campaign to greater effect than when Tosado did the same after the June tornado and won a lopsided 72% of the vote amidst a dismal 22% turnout.

In the same election, all at-large incumbents running maintained their seats including Counilor Jimmy Ferrera who had connections to the burgeoning Probation Department scandal. Amaad Rivera failed in his bid secure the open at-large seat falling behind former Councilor Bud Williams who secured the open seat and Justin Hurst, who claimed sixth place. While many ascribe Rivera’s loss as evidence of citywide disgust, that simple explanation belies a more complicated situation complicated by interplay with the mayoral race, virtually zero debate or campaigning among candidates and some miscalculations by the Rivera campaign.

November also proved surprising reassuring for the American left. Anti-union, anti-voter and allegedly anti-abortion measures appeared in Ohio, Maine and Mississippi respectively. An anti-union bill in Ohio was shot down by voters in a lopsided vote leaving the formerly confident Republican governor a blithering mess. A same-day registration law was vetoed by the people in Maine, but the shocker of the evening came from Mississippi, which beat back a personhood amendment that would have defined a fetus as a person.

Mayor-elect Alex Morse (center) w/ Gov. Deval Patrick &

Lt. Gov. Tim Murray (Facebook)

Locally, Holyoke cast out its incumbent mayor for a young newcomer. Alex Morse takes the helm in Holyoke in only a few day’s time. Since his election, Holyoke attracted unprecedented national media attention and Morse scored a visit to the White House. “You’re not an overachiever, are you?” was the President’s reported comment to the 22 year-old Morse.

Even as Springfield sorted out its elections, state leaders released maps for new Congressional and State House and Senate districts. Massachusetts was due to lose one Congressional seat and it was widely feared that the hammer would fall on the regions’s two congressional districts. The evidence that this was the fate of the 413 came when John Olver, a twenty year veteran of Congress announced he would retire despite earlier promises to run. This led the Redistricting Commission to split the difference and meld Western Massachusetts with a Worcester based district. Elsewhere, longtime Congressman Barney Frank announced his retirement citing the new district lines.

State legislators did not get off any easier, however. James Welch took on much more of Springfield’s minority communities to create a new minority-majority district. The new district is expected to draw Ward 3 Councilor Melvin Edwards into the race according to certain City Hall Sources.

Rising from the political ashes, Martha Coakley came out swinging against banks for their behavior amidst the foreclosure crisis. While Coakley had safely secured reelection last year, some questioned her relevance after losing to Scott Brown in early 2010.

Meanwhile, Elizabeth Warren made her bid official in September. Attracting a flurry of media attention as Warren crisscrossed the commonwealth, attracting largely friendly crowds from Boston to Springfield. Warren faced overflow crowds and raked in more than $3 million in a few weeks time. Her primary opponents fell one by one. While some felt a tougher primary would make her more battle-tested, Warren ably rebuffed attacks from Brown’s camp and Karl Rove’s SuperPAC’s American Crossroads and Crossroads GPS. In recent polling she has topped Brown and has been in a statistical dead heat with the incumbent since her campaign became official.

Before calling 2011 a year, the Springfield City Council still had a few more fires to put out. Acting on the advice of the city solicitor the city’s building commissioner issued a building permit for the biomass plant. Drawing angry rebukes from the 10 councilors that revoke the special permit earlier in the year, the council stood ready to appeal the building permit until Kateri Walsh invoke Rule 20 herself in an effort to delay the vote. While the delay was successful, it did not stop the vote to appeal which passed. Instead it provoked a backlash against Walsh, who became subjected to scrutiny from several news outlets because of the hefty campaign cash the Callahan family had given her.

Mr. President? Councilor Ferrera

(Urban Compass)

Meanwhile, Jimmy Ferrera, the only at-large councilor from the old council setup never to be Council President secured the votes necessary to become President in the new year. This came despite his connections to the scandal-ridden Probation Department and his failure to achieve a critical task appointed to him at the beginning of the year. Ferrera had been charged with drafting legislation to correct the error, but only ever produced a proposal that would change nothing and even this was never voted on.

Also in the latter half of the year the Massachusetts General Court and Governor Deval Patrick finally passed a bill legalizing casinos in the state. The law came after years of debate and consternation between proponents and opponents, but also in-fighting among opponents. The final legislation approved three casinos in three different regions of the state. Local proposals included sites in Holyoke, Palmer and on Page Boulevard in Springfield. While the idea of millions invested into Springfield and other towns has spurred great interest, more measured assessments of casinos’ possibilities has brought, at best cautious support, for many of the proposals now that one of them has become inevitable.

Without a doubt 2011 was a huge year in Springfield both as a city and as a component of the wider commonwealth and nation. Whether the subject was weather or politics Springfield and Massachusetts had loads of it. For all of the ups and downs 2011, many hope for a less bumpy 2012, but with one-time governor Mitt Romney queuing up to snag the Republican nomination for President, that may only be a pipe dream.

Tardy Tuesday Takedown 12/27/11...

2011-12-28T17:00:00.000-05:00

It is the last Manic Monday/Tardy Tuesday of the year people! Yes, we know it is Wednesday, but technical difficulties were, well, a problem. Enjoy

...And the World:

Several weeks ago the decision of Pakistan's president Asif Ali Zardari to seek medical treatment abroad led many to think a coup in the country was already underway. Zardari has since returned, but the fears about a military takeover appear to have not totally faded. Pakistan, which has had several coups before, has a civilian government only officially controls the country's military and foreign policy. Incredible power remains in the Pakistani military and intelligence community, effectively denying Pakistanis a true democracy. Zardari is the widower of the former Prime Minister Benazir Bhutto who was assassinated four years ago today and gave an impassioned speech on behalf of the democratic process to mark the anniversary.

The Feds:

Nebraska Senator Ben Nelson is apparently going to retire long after Democrats were supposedly assured that no further retirements were in the pipeline. His retirement likely means this seat will be a Republican pickup, but that may have been the case anyway given Nelson's unpopularity in the state and unlikely chances of pulling a Harry Reid. It makes the Democrats' job of holding the Senate that much harder.

President Barack Obama nominated two qualified people to the Federal Reserve, but qualifications are rarely enough for this particular Senate minority.

The Washington Post considers how the wealth gap between Congress and the voters may lead to changes in attitudes among members of Congress. Thought to consider when current Congressman Kelly lays out his case against some programs, it all comes down to what comes out of his pie. No consideration for what others have tried to attain, but could not. Moreover, there's no way to validate or consider his story about people passing on a job before their benefits cut out. Also, worth noting, unemployment is paid by employers (sort of) and he already thinks he is overtaxed. The sort of is that most economists, labor experts and business experts agree that while unemployment taxes are PAID by the employer, they are essentially earned by the employee's labor. In other words, the only reason why the employer pays it is because their worker is productive enough to compensate for the contribution to unemployment on the off chance the job does not pan out and he needs the unemployment later.

The State of Things:

Sears announced it was closing 100-120 stores (which may include some K-Mart stores, which it also owns) after a lackluster holiday season. The company has suffered from unremodeled stores for years and increasingly dis-satisfactory customer service. The reason why this is a state story and not a national one (it is) is the potential impact especially in the Springfield area. There are three Sears in Western Massachusetts, one each in Holyoke, Lanesboro and Springfield. The one in Enfield is also nearby and more important to the Springfield area economy than the Lanesboro one. From a broader economic perspective closure of the Springfield location could be devastating to the Eastfield retail area which is still searching for tenets in the former Circuit City and JC Penny locations.

Scott Brown isn't scared! He says voters will have a clear choice next year between a reformer with a solid record of looking out for the middle class and him.

City Slickers:

Springfield held a hearing on the proposal to severely restrict entertainment at establishments that serve alcohol. The only supporters at the day before Christmas Eve hearing was the police, but even their arguments seemed flaky at best. Virtually all other attendees were in opposition.

Reminder! Next Monday is Inauguration Day for Springfield's Mayor and City Council. We'll be there! But you can be too. Love or hate some of the electeds (you know we do), its a simple way to participate and when you hear what politicians have to say you can call them out more easily when they artfully place their feet in their mouths!

Twitter Chatter:

No twitter chatter this week. We're thinking about the Valley Tweet of the year. It is a tough task since even we do not read all Springfield area tweets. So PLEASE, email us your suggestions to wmasspi@yahoo.com. We'll include the winner in our annual "The Year in Springfield!"

The Annual Xmas Posting...

2011-12-25T21:14:00.001-05:00

When Mary and Joseph came to Bethlehem to take part in the Census, they had no place to stay. However, the couple needed some place to stay not only for practical reasons, but because Mary was about to give birth. Traditionally, the birth of Christ in a stable with the manger as his bassinet is a mark of Christ's humble birth. However, it is also a telling parable for the trials that many in our world face. Mary and Joseph had to take extraordinary, and dare we say undignified measures, through no fault of their own.

In this time of (hopefully) peace and joy, it is important that we remember the less fortunate among us. Poverty is not a character flaw nor, incidentally, is it necessarily part and parcel to hard times or simply being in need. "There but the grace of God," sums up the sentiment quite nicely. Please remember the need and poor in these trying economic times. However, do remember them at other times, too. Certainly at Christmastime we should think of them and be generous, but basic human needs and human dignity are present in all season. Please consider giving to a local charity like the Food Bank of Western Massachusetts or another like noble cause.

We at Western Mass Politics & Insight wish you a Merry Christmas, Happy Holidays and a Happy New Year to you and yours!

Take My Council, Please: Good Night & Good Luck...

2011-12-19T23:27:00.002-05:00

(WMassP&I)

The Springfield City Council closed out the year on a high and uncharacteristically brief note. Most of the measures were largely uncontroversial approvals of grant money and donations. An informal caucus was held at the end to select the Council’s officers for next year.

Budget officials announced that the city finances were officially in balance after the council approved reserve funds to fill the budget hole. Funds were accepted to repave a portion of Sumner Avenue after gas main work, renovate Hubbard Park as part of the UniFirst land swap, and fund health and library programs.

Ward 1 Councilor Zaida Luna unexpectedly withdrew her motion for reconsideration of tax incremental financing for the F.W. Webb project slated for a parcel of the city’s Memorial Industrial Park off of Roosevelt Avenue. The project has been criticized for creating painfully few jobs while costing the city hundreds of thousands in potential tax revenue over ten years. With Luna’s withdrawal, the prior acceptance of the financing stands.

The council also gave final approval to an ordinance establishing site assignment fees. The fees would be used for projects such as the biomass plant, but would have applications beyond the legally uncertain power plant. Councilors also offered a resolve to encourage the state to push up MCAS testing by several weeks to compensate for lost class time due to the October snowstorm and subsequent eight days without school in Springfield.

Council President Jose Tosado (WMassP&I)

Finally at the end of the meeting, councilors recognized Council President Jose Tosado who, having declined to seek reelection to pursue a mayoral bid, will be leaving the council in January. Councilors offered a proclamation and a plaque recognizing him for his ten years of service to the council, numerous assignments to council committees and service on the School Committee.

At an informal caucus after the meeting, councilors made official what had been declared weeks ago. At-large Councilor James Ferrera was voted Council President. Ferrera’s acceptance of the presidency and recognition of Tosado and at-large Councilor Kateri Walsh's vice-presidency were executed without any blatant gaffes on his part. Ward 8 Councilor John Lysak was elected vice-president. Ferrera’s election was unanimous and included Ward 6 Councilor-elect Ken Shea and once and future at-large councilor Bud Williams. The unanimity had been a surprise as several councilors were thought to object to Ferrera’s nomination. Ferrera has been known for his often gratuitous motions, insipid questions and pained understanding of basic council procedure and city business.

(WMassP&I)

Speaking to WMassP&I after the meeting, Tosado said it “feels pretty good,” becoming a civilian again. For now he intends to focus on his family and full time job at the Department of Mental Health, but will remain involved in the community. As for any future political activity, Tosado only offered a “Stay tuned.”

For our part, we have in the past been suspicious of Tosado, but in the nearly year and a half since we started “Take My Council, Please,” we have found him to be an imperfect, but diligent member of the council. It will be strange to cover the council without his fairly effective administration of meetings. However, as he heads back into civilian the life, we at WMassP&I wish him the best.

Manic Monday Markup 12/19/11...

2011-12-19T23:15:00.002-05:00

...And the World:

The leader of one of the world's most closed regime, Kim Jong-il, died. The bizarre dictator of North Korea, with whom the United Nations and its southern neighbor are technically still at war, died of a heart attack Saturday. While the fact that it took until today for intelligence agencies in South Korea, China and the United States is considered a failure, the biggest concern is how stable the Korean peninsula will remain. Kim's son, Kim Jong-un, is his successor, but his standing in the autocratic regime unknown with other media sources saying he is simply unprepared for the trials that North Korea faces. Clips from North Korean state television showed sobbing news announcers in stark contrast to feelings in the free speech-allowed South.

Tomorrow Mariano Rajoy will be sworn in as the Prime Minister of Spain tomorrow as his country faces the brunt of Europe spiraling debt crisis. In an address to the Spanish parliament today he promised to cut sixteen billion euros, possibly more, to help get the country's deficit down. While Spain has relatively low debt its economy has strained to grow and suffers from more than 20% unemployment which makes it difficult for markets to trust Spain to control its debt. Still, Spain has been perhaps unfairly punished by markets in comparison to Greece or Ireland's fiscal failings.

The Feds:

House Speaker John Boehner voiced surprising opposition to the deal Senate leaders cut on Friday to extend the payroll tax for two months yesterday on Meet the Press. Republicans were expected to vote tonight to reject the Senate bill and then appoint a conference committee to force the Senate to negotiate a package. However, late-breaking news this evening has the GOP controlled House would vote tomorrow. The delay is proof that Republican House leaders fear Democrats could vote en masse to support the measure and secure passage with the help of Republican defections. Democrats would only need about twenty-six Republicans, perhaps fearing the electoral consequences, to pass the bill. To keep that from happening, Republicans will simply keep the measure off the floor.

AT&T announced it was ending its bid to acquire European-owned T Mobile wireless. The deal had been opposed by both the Justice Department and the Federal Communications Commission. There was great concern that if AT&T bought the smaller wireless company the United States would face an effective duopoly of AT&T and Verizon Wireless. While the company decried the government's opposition, the move it likely to be praised by consumer groups.

Pressure mounts on Lowe's Home Improvement stores for caving to the pressure of a nothing hate group in Florida to pull ads form the TLC show All American Muslim. Since the chain pulled it has attracted considerable criticism including from Cong. Chris Murphy of Connecticut who is running for the open senate seat of our neighbor to the south. Since Murphy made his comments and implored the chain to be "better than this" approval of bigotry, his Facebook wall has been bombarded with angry "supporters" of Lowes relying on, at best, spurious evidence of malevolence inherent in all Muslims. In closing his speech on the floor of the House of Representatives, Murphy said,

"This is America. And while we’ve never been perfect in living up to our founding ideals, we’ve gotten pretty good at calling out bigotry when we see it, and stamping it out before its mark becomes indelible. This can be one of those moments."

The State of Things:

Last week area legislators and Gov. Patrick's Secretary of Transportation Richard Davey released millions in relief money to Springfield and other area communities to cope with the costs of the June 1 tornado. Moneys were appropriated for tornado relief earlier this year while Davey's department fronted cash to communities to repair road infrastructure damaged by the storm. The DOT will be reimbursed by federal highway authorities after all disaster paperwork is complete.

As casinos move forward in Massachusetts, State Treasurer Steve Grossman offers some interesting words and a desire to get this process, since it is now a done deal right and not merely the same tacked on effort that characterizes other states' implementation of casino gambling.

City Slickers:

Longtime congressional aide Kevin Kennedy becomes Springfield new Economic Development Director. Check out our post on the appointment, but in the interest of not being totally self-absorbed here is NEPR's report.

The Council held its last meeting of the year and Council President Jose Tosado bid farewell...for now anyway. Grant money was also accepted and next year's officers informally selected.

The Springfield Intruder notes, correctly, that Mayor Domenic Sarno's spin on this year's tax rates belies that fact that many tax payers will see a tax increase and tax rate reductions from last year have been effectively reversed. The city raised tax rates for businesses and residents to provide the necessary revenue called for from property tax revenue in the budget. Last Friday's tax setting meeting at the council was heavily criticized for its time and overly expeditious posture.

Twitter Chatter:

Not much time left for this terribly late Manic Monday. The absurdity of House Republican actions on the Payroll Tax and the real impact it will have on people is best summed up by House Minority Leader, Nancy Pelosi. This crisis is manufactured. While a temporary measure is not ideal, it allows political leaders to cool off before figuring out how to pay the rest of the year's tax cut extension. The Republicans already said they wanted a bunch of poison pills in their tax cut extension. Washington needs a time out, but not one that hurts real people in the meantime.

WANTED: Economic Development...Director, too...

2011-12-19T21:23:00.004-05:00

From Left, Kevin Kennedy, Mayor Sarno, Cong. Neal
(WMassP&I)

Today was a busy day for Springfield political news. The Springfield City Council held its last meeting of 2011 and with that the last meeting of the 2010-2011 council. However in the morning Mayor Domenic Sarno and Congressman Richard Neal held a press conference to make an economic development announcement.

Since the departure of John Judge earlier this year, the city had been without a director for Economic Development. Chris Moskal had been serving in that role on an interim basis. However, today a permanent replacement was named.

Longtime Neal staffer, Kevin Kennedy, was selected to head Springfield’s Economic Development team. Sarno, in making the appointment, also announced that Moskal would be named the executive director of the Springfield Redevelopment Authority. He praised Kennedy as somebody who will “get the deal done” in terms of economic development in the city whether the project is large or small.

Cong. Neal w/ Mayor Sarno (WMassP&I)

Neal spoke very highly of Kennedy noting that the Springfield resident had been a staffer of his for 26 years. Kennedy has worked with Neal since the congressman had been the city’s mayor and played roles in development projects of the 1980’s like Monarch Place. Neal mentioned a letter from Springfield-based US District Court Judge Michael Ponsor praising Kennedy for his efforts in making the new courthouse on State Street a reality. Kennedy has in recent years been Neal’s Scheduler and a key district aide.

Kennedy’s own remarks reflected a desire to pursue economic development in the city on all levels. His top two large scale priorities were the implementation of Rebuild Springfield, the city’s post-tornado redevelopment effort and Union Station, a project that has eluded city planners for decades. However, Kennedy also expressed an interest in smaller projects like CVS’s redevelopment of its Forest Park store and the UniFirst land swap enacted last week.

Speaking to reporters after the formal announcement, Kennedy spoke about the need to building “capacity” at the economic development office. By capacity, Kennedy explained, the city needs to develop a team that can handle the myriad economic development opportunities across the city. He is somewhat optimistic about the city’s outlook given the pent-up demand and unique opportunity rebuilding after the tornado offers. More bluntly, he described the city as having only one direction to go, impliedly up.

Kevin Kennedy at center (WMassP&I)

Asked about the prospect of a casino in Springfield, Kennedy offered perhaps the most cautious words of any city official so far. While he said the city should pursue a casino project, he warned that it should not become a citadel. If it became that, “it won’t be a long-term benefit.” He offered Towersquare as a parallel, which, when built in 1973 as Bay State West, “sucked all the businesses” out of downtown, only to collapse as a retail venue itself. The proposed casino on Page Boulevard could become such a “citadel.” He suggested downtown as a better location for a casino where it could be integrated with the MassMutual Center and other downtown amenities.

Because Union Station has been an elusive goal of Neal’s both as mayor and a member of the House of Representatives, Kennedy was also asked about that project. Construction is set to begin within the year, but it has been a torturous path. Kennedy emphasized that projects like Union Station have to be practical. The current plan calls for office space principally for the transit agencies set to serve it along with traveler oriented retail. Prior plans were far more ambitious, perhaps unrealistic.

However, many of the projects Kennedy has worked on and will work on were public endeavors. For Springfield to succeed, Kennedy explained, private business will need to step up to the plate.

Take My Council, Please: Chernobyl Intentions?...

2011-12-14T22:38:00.007-05:00

**UPDATED** The following post has been updated with new pictures and additional reporting.

(WMassP&I)

Controversy and passionate, if not always stimulating debate are not foreign to the Springfield City Council. However, there are certain topics that simply do not make their way into the austere halls of 36 Court Street. Beach erosion, Iran, and Angelina Jolie are too exotic to have any meaningful place in a council meeting. However, radiation is not completely out of their court.

At Monday’s meeting, technically a permit hearing meeting followed by a special meeting, the Council considered a zone change at the permit hearing followed by a home rule petition. UniFirst Corporation, a uniform cleaning service on Parker Street in Indian Orchard, proposed to purchase a slice of Hubbard Park, also on Parker Street. The parkland would not be used for an expansion of the facility, but rather the facility’s parking lot. The parking expansion would end a current problem of overflow parking for the facility spilling onto city side streets.

However, sale of parkland of any size is strictly regulated in Massachusetts. The city could not give up even the slightly more than an acre of Hubbard Parkland without finding a replacement. Solutia, which owns the private Plastics Park off of Page Boulevard, agreed to donate 21 Acres of the park to the city. UniFirst offered to buy the parkland itself well above market value as well as fund improvements to Hubbard Park. The extra money from the sale of the land would be used for improvements to both parks.

Dimmock Pond from the Parkland to Swapped (WMassP&I)

Buildings, Parks and Recreation Director Pat Sullivan detailed the plans that included building a retaining wall between Hubbard Park and the UniFirst parking lot. He also explained that the money from the cleaning company would be leveraged as matching funds for additional grant money to improve the parks. Representatives from the Indian Orchard Citizens Council offered their support for the project, noting the group had voted in favor. Paul Caron, the former state representative and public liaison for the project, noted that the requested zone change for the parkland would only allow parking.

Councilors peppered the speakers present questions about the environmental monitoring equipment at the facility. It was a rather awkward dance around an elephant in the room that nobody at first, appeared willing to acknowledge. Opponents to the zone change, however were not as polite.

The uniforms cleaned at the Parker Street site come from Nuclear Power Plants and other facilities that operate with radiation. This activity was clearly the crux of the opponents argument. While all of the opponents were ostensibly opposed to the parkland swap, their arguments focused less on the merit of the swap rather than alleged behavior by UniFirst.

Arguments ranged from claims that the deed restricted the city from giving the land away (the restriction was repealed by a general law in the 1950's) to claims that walking in Hubbard Park was more dangerous than outside the Vermont Yankee Nuclear facility. That speaker went on to say “nuclear technology is simply too dangerous for safe" and accused UniFirst of illegal dumping. Many of their complaints, however, lacked all but cursory evidence. One resident, however, asked for better warning systems while avoiding condemnation of the land swap itself.

UniFirst on Parker Street looking South (WMassP&I)

Michael Fuller, the facility's director answered most of the arguments, albeit with a hint of condescension, to the council's satisfaction. He noted that Vermont Yankee's fence is a mile away from the plant whereas UniFirst is only yards away and that trailers on site held clean uniforms for delivery to nuclear plants. He did not dispute that radiation levels outside the plant are above background levels, but that they were well-below danger levels and in compliance with state regulations.

Ward 6 Councilor Amaad Rivera, sounding a sympathetic tone to the opponents asked Fuller about the environmental sampling and reporting done at the site. Rivera noted that his concern was not necessarily about the opponents’ fears themselves, but rather reflected a skepticism councilors have had toward state officials in light of the biomass issue. Fuller asserted that regular data on the soil and groundwater were measured and maintained by the Department of Environmental Protection and available through them.

Opponents of the plant countered during their rebuttal that there has to be greater radiation because their own radiation detectors awaken them at night. They further claimed that as a result the inspections belied the higher risk of radiation during the day. Ultimately the rebuttal was only anecdotal evidence and unproven accusations.

Dimmock Pond was site was the site of a UniFirst spill in the early 1990's, however, that appeared to involve no radioactive material. Rather, according to reports on the DEP's website, the spill was caused by a when a piece of equipment malfunctioned and spilled oil into the storm drain, which discharges into Dimmock Pond. Nearly all of the contaminants were cleaned up according to the DEP, but small amounts remain embedded on the pond's sediment, but only in a small area of the pond near the storm drain. The reports make mention of other mostly smaller spills, but many were of the same nature as the 1993 or due to a backup of water from a small fire at the facility. In the mid 1990's UniFirst engaged in a reengineering of the discharge pipes to filter out other oil spills. The DEP maintains monitoring wells to keep an eye on the remaining contaminants from the 1993 spill. Moreover, the reports' analytics did not show any evidence of substances other than those commonly found in petroleum related spills.

Another complicating factor is that Dimmock Pond is a kettle pond. Formed by a retreating glacier it has no natural outflows meaning that contaminants may take years to naturally breakdown. That also means that chemicals long since banned for use on roads or in cars could remain in sediment having been carried in by Parker Street runoff over the course of a century.

UniFirst from the Parkland (WMassP&I)

Dimmock Pond is well away from where children use playgrounds. Based on renderings, the expansion of parking would create a retaining wall to support the expanded parking lot. Other than runoff from the parking lot, which can occur now anyway, it does not appear that there would be any other ecological damage. Trees cut down would be replaced by fresh saplings.

Indian Orchard is not new to facilities handling nuclear or nuclear-related material. The old Chapman Valve Plant, now the site of a solar energy farm, processed uranium for the Manhattan Project during World War II. Although now clean, residual radiation in considerably more dangerous concentrations were present for many years after the plant shut down. Indian Orchard is not Springfield's poorest community, but somewhat isolated from the rest of the city, it is often left forgotten. This project shone an usual spotlight on a section of the city that once, along with East Springfield, formed Springfield's industrial backbone.

Ward 7 Councilor Tim Allen proposed to send the measure to committee to discuss requiring UniFirst to share public reports directly with the city. However, Parks Director Pat Sullivan noted that the city would miss deadlines for the matching grants if there was a delay. Additionally, Council President Jose Tosado noted that no conditions could be attached to the zone change. The motion to committee was withdrawn and the measure passed unanimously both on the zone change and the home rule petition. At-large councilor Thomas Ashe, however, promised to hold Public Safety Committee meetings on the matter, however.

(WMassP&I)

City Clerk Wayman Lee said that if the measure was not voted on by the end of the year, it may die after the new council is sworn in. The zone change and the accompanying home rule petition passed unanimously on a recorded vote.

Radiation and safety are not to be taken lightly. Indeed it is a matter that the council should investigate. However, the beef that nearby residents had with the facility were not particularly relevant to the matter at hand. Moreover, even if the proposal failed, it is unlikely that UniFirst would actually shut down. Opponents of the plant would still encounter the same problems with the facility real or imagined. Moreover, while the city has steamrolled over residents’ concerns in other circumstances, it seems unlikely that they would have done so in this case and done so with the citizens council’s blessing.

Manic Monday Markup 12/12/11...

2011-12-12T15:43:00.001-05:00

...And the World:

French President Nicolas Sarkozy and German Chancellor Angela Merkel succeeded at their summit last week to form a firmer fiscal union among the member states of the European Union. Markets, petulant creature that they are, rebelled once again against the latest measures to stabilize the Eurozone, with another selloff on stock markets across the world while the European countries under stress continue to face higher and higher rates to borrow money. While the markets are correct that greater action is needed, it also highlights the reality that part of the crisis is due to a somewhat capricious run on the bonds of European nations.

One nation rejected the greater fiscal union, Great Britain. Prime Minister David Cameron is facing blistering criticism at home for his decision to veto using the so-called Lisbon Treaty that regulates the European Union and forcing the other countries of the Union to work outside its framework. Cameron had sought protections for London's financial sector that were rebuffed by European leaders. Instead it could lead to the UK drifting away from Europe, but without that strong connection to the Continent it may be of little use to its second most trading partner, the United States. Although a breakup of Cameron's coalition government is unlikely, it laid bare the raw divisions between Cameron's conservatives and the Liberal Democrats, the junior party in the coalition. The Liberal Democrats' leader Nick Clegg, who has face criticism for his support for many of Cameron's actions condemned Cameron's decision. Opposition Leader, Ed Miliband of the Labour party, excoriated Cameron's actions as a "diplomatic disaster."

Meanwhile in Russia, protesters took the streets Saturday and, yet there was no official crackdown in what is described as the largest demonstrations since the fall of the Soviet Union. A week earlier, elections dealt a setback to Prime Minister Vladimir Putin's United Russia party, but he and his party nevertheless maintained a slim majority. However, that victory came amid widespread claims of fraud and corruption at the polls. Although Putin blamed Secretary of State Hillary Clinton for the protesters after she questioned the integrity of the polls, Russian President Dmitri Medvedev has called for an investigation. Still that investigation will be viewed with some skepticism. Odder still, as the New York Times reports, State-owned television did not overly distort or censor the protests. A former Russian minister and billionaire (who owns the New Jersey Nets, no less), has announced he will challenge Putin in next year's Presidential Election.

The Feds:

Another week another Republican presidential debate. Newt Gingrich, the new frontrunner fended off attacks and it is becoming increasingly clear that the race is likely to be Newt v. Mitt, a monosyllabic coup for lazy television reporters everywhere. Still the match up leaves the possibility that Gingrich and Romney could engage in a battle royale that destroys both of them or at best leaves them heavily damaged ahead of the general election.

Oh, and to wit Gingrich's claim at the debate that taxes were lower in 1990's than under Obama, that's wrong. The top income bracket for the latter half of the 1990's, when Gingrich was speaker, was 39.6% and the lowest bracket was 15%. Today, 35% is the highest bracket and 10% is the lowest bracket. For fun if you look at the dramatic tax cuts of the 1980's and the dramatically low rate for the top bracket you can see that they were passed within a decade of the savings & loan crisis and the early 90's recession. The Bush tax cuts were likewise passed within a decade of recession. Lower taxes on the wealthy do not lead to better economic conditions. While the right-tilting Tax Foundation might disagree with that analysis, it would be hard to argue the Bush tax cuts for the wealthy brought us the sterling economy of today.

President Obama gave an interview to 60 Minutes this week in which he bluntly laid the Republican strategy out. After the obnoxious rejection of Richard Cordray's nomination to lead the Consumer Finance Protection Bureau on grounds unrelated to Cordray's credentials, but rather their disapproval with the agency, a first in Senate history, the GOP's strategy seems even more obvious. Oh, and the GOP will extend the Payroll Tax cut, if the Keystone XL pipeline is approved NOW as opposed to after further environmental reviews are completed. Hint: If you are worried about the dirtiness of Tar Sands, that's cool, but the pipeline's dirtiest secret is its originally planned route over the Ogallala Aquifer, one of the agriculture Midwest's most important sources of water. But there could never be a spill, right?

The Senate Committee on Government Reform is expected to mark-up the STOCK Act featured in our Friday post. However, that markup will not be the one Scott Brown is touting here there and everywhere. Rather, it will be the one championed by New York Senator Kirsten Gillibrand, featured in last Friday's post, which is considerably stronger, and frankly more credible than Brown's identically titled and similarly inspired bill.

The State of Things:

State Rep. Tom Conroy is ending his quest for the US Senate seat from Massachusetts several weeks after other Democrats had dropped out. With Elizabeth Warren surging, fundraising has become difficult he said, but Conroy also did not begrudge Warren. He noted that he got into the race before her and is in fact endorsing her just as Setti Warren earlier this fall. Conroy will run for reelection to the Massachusetts House.

The Occupy Boston encampment ended peacefully, although with several arrests over the weekend. Boston Police engaged in a 5 a.m. raid to clear the remainder of the tents from the Dewey Square. Since losing their case in court, much of the encampment, especially its more sensitive components like the library and food tent, had been taken down in anticipation of a raid. While some valid complaints from protesters remain, the end of what was the longest-running Occupy encampment was considerably more civilized than in other US cities. Although that may be not be saying much.

City Slickers:

A Special City Council meeting tonight will consider whether to sell portions of Hubbard Park to expand parking for a UniFirst facility on Parker Street. Under state law, the legislature must approve such transactions and the parkland must be replaced elsewhere in the city.

Time is also running out for the City Council to set tax rates for next year's property tax bills. Set to go out January 1, the council will need to determine what the rates for business and residential taxpayers will be and therefore who will shoulder more of the burden. Although Ward 2 Councilor Mike Fenton did suggest earlier this month that the mayor may release and the council approve some reserve funds to mitigate the tornado's impact on the tax base.

Twitter Chatter:

With the end of the Occupy Boston encampment came the same cascade of tweets and livestreaming of the raid we have seen in other cities. That communication continues into today with some words of concern, but also positive recognition of the community-building at Dewey Square. We award this week's Tweet Prize once again to @UnaSpenser, real name Allison Nevitt, in part as an example of that greater Occupy Boston community spirit. She along with forty plus others was arrested Saturday morning. She has been a key figure in Occupy Boston, appearing in many media stories and prolifically writing on DailyKos about the occupation. She was apparently injured during arrest and the outpouring of support for her via Twitter is a testament to the community formed at Dewey Square and beyond. Nevitt, whom your editor-in-cheif met at Netroots Nation 2011, and others led a protest against Islamaphobia at Andrew Breitbart's Right-Online counter-convention. The protest involved several women wearing hijabs after two Muslim women were accosted by a man on a Minneapolis street. No doubt Nevitt's good will among those in the Twitterverse and beyond goes further than either of these two events and the good wishes show.

Our One Hundredth: Insider Trading Reform & Function...

2011-12-09T16:03:00.010-05:00

**UPDATED** The following post has been updated and edited for clarity and grammar.

US Capitol (Wikipedia)

For the political cynic, that members of Congress may be enriching themselves as a result of their position in Congress is nothing new. When CBS’s 60 Minutes aired a report on insider trading by members of Congress, however, the story appeared to suggest that members of Congress were immune from prosecution even where famously Teflon stock brokers could not escape the Securities and Exchange Commission.

The crux of the problem lays in what is “material non-public information.” Anybody can be prosecuted for insider trading, not just stock brokers and CEO’s. A bum outside the New York Stock Exchange could have a man in a suit introduce himself as J.P. Morgan Chase CEO Jamie Dimon, receive a stock tip on J.P. Morgan, trade on it, and then face a securities prosecution. However, the material non-public information Congress, executive branch employees and their families have access to does not count because under current law that information arose as a result of their official duties.

In fact, while the 60 Minutes special did spur a wave of reactive legislation, plenty of bills predated it. Representatives Tim Walz and Louise Slaughter of Minnesota and New York respectively introduced a bill years ago to prevent elected officials in Washington from using the information they glean from the normal course of their duties for financial gain. However, to the lament of good government groups, this legislation never moved and had no life to speak of in the Senate…until CBS aired its report.

While the report accusations fell short against both John Boehner and Nancy Pelosi according to the Huffington Post, it got some things right and touched a nerve spurring Senators to show off their accountability credentials. Two seemingly identical Senate bills rose out of the ashes of Congress’s seemingly ever-smoldering credibility. One from a Democrat and one from a Republican. While both arguably drew from the Walz-Slaughter bill and the 60 Minutes report was the impetus for both, one has more credibility from colleagues and a better record to back it up.

Sen. Gillibrand (Official Portrait)

New York Democrat Kirsten Gillibrand’s bill and our own Republican Scott Brown's bill were introduced about only forty-eight hours apart. Both bills initially needed some revision. Brown’s bill, according to one watch-dog group, included revisions to House procedures, an impossibility under the Constitution. Gillibrand’s bill is expected to require technical revisions as it winds its way through committee.

However, despite being the newer of the two bills, the Gillibrand legislation has attracted more support from senators than Brown’s bill and by any measure appears to be much stronger than Brown’s legislation. Gillibrand also has a greater record of calling Washington and its denizens to account both in word and in deed.

On the surface Brown and Gillibrand share some striking similarities. Both come from politically active families in their homes states. Gillibrand’s grandmother was active in Democratic circles around Albany. Brown’s father was a Republican luminary in and around Newburyport, Mass. Both came to the Senate in rather unlikely circumstances. Brown succeeded liberal lion Ted Kennedy in deep-blue Massachusetts. Gillibrand, though succeeded a Democrat, became a dark horse appointee to fill out Hillary Clinton’s second term. David Patterson, then New York’s governor, picked one-term, recently reelected Gillibrand over now-Governor Andrew Cuomo amid the collapse of a possible Caroline Kennedy appointment. Their closeness in Senate seniority is only separated by Minnesota’s Al Franken. Both represent states that have had historic impact on Washington and are home to some of the nation’s most powerful and famous financial institutions.

Sen. Brown (Official Portrait)

However, their tenures in the Senate could not have been more different. Gillibrand has been a passionate, at times relentless advocate both in and out of the Senate. Brown seems cool and detached on many issues. When Don’t Ask, Don’t Tell repeal came before the Senate in 2010, Gillibrand, who in the House represented a historically Republican district, came out in full force for repeal. Brown hemmed and hawed until it was apparent Democrats had more than enough votes to overcome a filibuster.

However, each senator’s version of the Stop Trading on Congressional Knowledge or STOCK Act has become another difference between the two. Both senators testified in front of the Senate Homeland Security and Government Oversight Committee in support of reform and both received support from good government groups. Yet Gillibrand’s continues to draw cosponsors and Brown’s is bobbing around largely forlorn and alone especially since last week's hearing.

That may be because Gillibrand’s bill is simply better. As said, both bills essentially add to existing definitions of insider trading so as not to upset the law as it relates to traditional insider trading. Both also empower the SEC and Commodities Futures Trading Commission to investigate members of Congress.

SEC Seal

Insider trading requires, according to the SEC website, the buying or selling of a security, in breach of a trust or confidence while in possession of material non-public information. That can include those who received the information via a “tip” from somebody with the fiduciary trust. Prosecution of family and friends of those with that trust is common for the SEC and the law that allows them to do so is crucial. The New York Times has written about how “pillow talk” may have led to some SEC prosecutions. Even when spouses have not been directly charged, the SEC will often name them as “released defendants” in order to prosecute an individual trading on their spouse or family member’s brokerage account. Prohibitions against “tipping” are crucial for insider trading laws to work effectively.

Brown’s bill omits coverage for spouses, family members and friends of members of Congress and their staffs. Indeed, Brown’s own FAQ sheet on the bill admits that this is the case. Gillibrand’s bill does include a prohibition against “tipping” and is now scheduled for mark up next Wednesday. According to a press release from Gillibrand’s office, her bill is designed to assure that “members of Congress and their families and their staffs are fully covered by insider trading laws.”

The relative failure of Brown’s bill is debatable. It did spur some positive press coverage, although Anne Mostue of New England Public Radio did ding Brown for pushing the bill only after the 60 Minutes story and possibly as a means to burnish his image ahead of a tough election in November. However, the bill that is likeliest to pass and get the requisite press coverage will not be the one he introduced regardless of his final vote. This will not be because, as some Senate Republicans have complained in recent press reports, Democrats have sabotaged Brown’s efforts to appear moderate ahead of reelection. Gillibrand’s bill has simply attracted more interest including among Republicans like Marco Rubio. Most recently John Thune, Republican of South Dakota also signed onto Gillibrand’s bill.

There may be a broader point, too, albeit one that may not be motivating Republicans to back Gillibrand over Brown. Gillibrand has the transparency and government reform goods whereas Brown does not. Brown has been criticized in Massachusetts, specifically by former Senate candidate Bob Massie, for being the “caboose” of the Senate, essentially joining a fight at the end of it and then claiming a starring role for himself.

Screenshot of Gillibrand Senate Site. Sunlight Report & Transparency Links Highlighted by WMassP&I in Green and Red

For Gillibrand, moves toward real transparency began before she was even sworn in. In 2006 after her election to the House The New York Times editorial board praised Gillibrand’s “quiet touch of revolution,” nothing such a commitment was simply unheard of in Washington at the time. She promised to post her schedule and earmark requests when she got into office. Indeed, Gillibrand would go on to the Senate maintaining that commitment (via the Sunlight Report) and her homepage includes an invitation to peer through the window of transparency she keeps open as well as the agenda she maintains on the issue.

Brown by comparison does not even include government reform as among his "key issues," although the STOCK Act appears on 3 of the 5 items advertised sequentially on his homepage. Indeed, Brown’s website is designed to permit only selective crawling by search engines, limiting the public accessibility of his own website, something he and only a few other senators of both parties do. Brown did call for a Taxpayer Receipt, but the relative ease of producing such a document led the White House to do it without any help from Congress.

Sen. Brown in June (WMassP&I)

Even when he was in the State Senate, it is difficult to ascribe any of the reform the legislature passed in the last ten years to his leadership of example. The most significant reforms in which Brown participated, passed just before Kennedy died, were approved on a 40-0 vote and spurred by the scandal involved Dianne Wilkerson. An survey early in his tenure at the State House when he was only a Representative has him down as opposing restrictions on donations to political campaigns. There is little evidence from press accounts that he ever took the lead on government reform while on Beacon Hill outside of the traditional back and forth among Democrats and Republicans.

It is impossible to measure objectively Brown’s seriousness on the insider trading issue, but it is possible to see that like many efforts to reform government, the process is a marathon. Since she entered Congress nearly five years ago Gillibrand has been running that race for reform. The LGBT magazine, the Advocate, quoted one Capitol Hill staffer who compared Scott Brown’s vote to repeal DADT to the Boston Marathon cheater Rosie Ruiz. On government accountability and transparency, the parallel to DADT, Brown stormed onto the stage at the last minute and got a little free media over it. However, the bill sponsored by the senator who has been going the distance for some time is in line to get more of the credit.

Good government groups like Public Citizen appear ambivalent about which bill actually becomes law. In a statement to WMassP&I, they noted the errors in both bills and while acknowledging that Brown’s bill was weaker, noted that Gillibrand’s included amendments to the Senate rules, which require a 2/3 vote if proposed mid-session. Groups like Public Citizen appear to want some progress on the issue and because each bill came from members of different parties, they wished to not break the fragile peace on this issue by picking one bill over the other.

Gillibrand at NY State Fair (Facebook)

Gillibrand’s bill has since been updated in preparation for Wednesday’s markup. In the same press release that came out today, Gillibrand’s bill has since been amended to direct the Ethics Committees of Congress to bring ethics rules into compliance with the changes in law. This will be in addition to empowering the SEC and CFTC to do the same while avoiding the need for a 2/3 votes for Senate rules changes.

Work is also underway in the House where the House also held hearings at the Financial Services Committee. That committee is chaired by Alabama Republican Spencer Baucus who was featured in the 60 Minutes report, who possibly embarrassed, engaged Financial Services in its first actions on the bill since March.

With 222 sponsors in the House and a growing list in the Senate passage of this bill seems likely, if not certain. In any case, with Gillibrand’s bill seeming like the one the Senate will vote on first, it is likely that Brown will join with others to pass it, but it will not be his legislation and he cannot blame Democrats for that.

Both Senators face reelection next year, but Brown will have to settle for casting a practically anonymous vote that will probably be close to unanimous. No doubt his spinners will try to give him more credit, but the discriminating news agency will look below the surface and see his efforts only ever went half-way. Gillibrand, on the other hand, can claim a victory on one of her priorities that go back to 2006. With that in hand her star will shine brighter and the national profile will rise even higher as she looks to next year‘s election and beyond.

Biomass and Occupy Boston Bulletins...

2011-12-08T16:02:00.000-05:00

Last week biomass opponents were despondent. Kateri Walsh resorted to parliamentary procedure where the power of persuasion has failed--miserably--and delayed a vote to appeal the building commissioner's decision to issue permits. Meanwhile, the hearing officer for the Massachusetts Department of Environmental Protection had ruled that the challengers to the commonwealth's air permit to Palmer Renewable Energy lacked any standing to oppose the air permit.

Since then all the bad stuff has been upended. At-large councilor Kateri Walsh still opposed the council voting to assert its own legal rights, but her parliamentary did little to actual stop the council. It passed its resolution to appeal the building commissioner's decision to the Zoning Board of Appeals with seven days to spare under state law. Only Walsh and at-large councilor Jimmy Ferrera opposed the measure. All other councilors voted to appeal At-large councilor Tim Rooke and Ward 5 Councilor Clodo Concepcion were absent. Each had historically voted in separate directions on the issue meaning their absences did not substantively change the vote's outcome.

At Occupy Boston, protesters were dealt a blow when a judge entertaining an injunction against the city prohibiting a surprise raid by police turned down their request and terminated the preliminary injunction. Although the judge's opinion actually left significant grounds for appeal, protesters appear to be as resigned as ever to leaving the encampment. The city has successfully blocked winterizing efforts and openly admitted it never really tried to address health and safety concerns. That said, Occupy Boston, or at least its true activist members seem willing to move on to Occupy 2.0.

The problem at Occupy camps are well-documented, although often misinterpreted because the camps reflect ills in society at-large not an propensity for drug use and violence. Indeed, the effort to expel such troublesome members, although often barred by the general assemblies' 3/4 majority needed for passage of anything, mirrors the same in society. Cities, towns and states cannot exile drug addicts, the homeless or mentally ill any more than Occupy camps could.

The library, food and medical tents in Boston have been packed up and many protesters have removed valuables. Although it is not know if Boston Mayor Tom Menino will move on the camp after his midnight deadline, both sides have to take stock. Although Menino plays to the powerful quite often from his perch in City Hall, he has a point that more energy needs to be directed at Washington, DC or at least Beacon Hill. To that end, protesters, if they want a peaceful end to this, even one that may include arrests, CANNOT throw anything or fight with cops that come into to clear the camp. As to the city, do not repeat the mistakes made in New York. No media blackouts. No violence and no needless skull-thumping. Just go in. Drag off the diehards and move on.

The world will be watching. Any blatant assault on civil liberties the judge did not exclude from the First Amendment will be a scar upon Boston it does not need and can certainly avoid. However, the world is watching Occupy Boston and its sister groups, too. Whatever unfairness directed at the camp and it is there, it is time to evolve and grow beyond that to make an impact beyond the simple, physical boundaries of Dewey Square.