↓ Archives ↓

Posts Tagged → Pennsylvania

An open letter to Patrick Henderson

Dear Patrick,

Years ago, you were a sweet kid from Western Pennsylvania, beginning your career in the state legislature.  Working for state senator Mary Jo White and the senate environmental resources committee gave you lots of opportunity and exposure to political issues, outside issue groups, and the overall political process, including the executive branch.  You were smart, interested, thoughtful, and principled, and although we occasionally disagreed I really enjoyed working with you….. way back then.

But something changed.  You changed.  You seem angry, hateful, even.  Even towards people who have done nothing to you, at least that they are aware of; although I write this for myself, I write knowing that many other individuals have experienced the same unfair, undeserved treatment from you.

Your role in the Governor’s Office the past few years seems to have been largely dedicated to using state government to settle old scores with real or imagined “enemies” of yours (they were not Tom Corbett’s enemies, that’s for sure, although after you alienated them they aren’t up for helping Tom now), or to create new vendettas as you demonstrate that you have influence over government functions.  For now.

At Governor Tom Corbett’s inaugural back in early 2011, you treated my wife Vivian rudely, to her face, despite her sweet nature and she having never met you before.  She did not deserve that.  Was it your way of getting at me, trying to  hurt me, one more time?  Whatever your purpose, it was petty behavior unbecoming someone in your senior, public role.

It is difficult to accept that you have become this way, but it has become a universal truth in Harrisburg that you are, in fact, angry at the world and determined to get even with everyone in it, whether they are guilty (of what?!) or innocent.

I suspect a lot of this negative change is a result of your cocoon-like experience inside the Republican Party, where you have been sheltered from the real world for your entire career.  Like all of the other professional staff on the Hill, in both parties, you merely must meet a technical standard, not a performance standard.

Meeting a technical standard means that you, and other professional party people paid by the taxpayers, must merely show up for work and stay out of trouble with your elected boss.  If you were held to a performance standard, then you’d be in a world of trouble.  Other than using your public position to hammer away at “enemies,” what performance for the public have you achieved on the taxpayer’s dime these past three and a half years?

Taking risks, making sacrifices, meeting real deadlines, making personally uncomfortable decisions — none of these are part of the professional life on the Hill, although I am confident that you or others in those roles (even friends of mine) would disagree.  We taxpayers who underwrite your salary see it differently.

As a public servant, Patrick, you are subject to writing like this.  You may hire an attorney to try to get this off the web, and I sarcastically wish you good luck with that.  I stand behind everything written here, as you well know, and if I am pushed to do so, I can certainly provide any necessary evidence to support it.

Good luck with your career, Patrick.  Unless you are recycled back into the Republican Party, and God knows I really hope you are not, because I think you are a huge liability to our party, you are destined to work in the private sector.  Here is some valuable advice: Don’t treat people in the private sector the way you treated them when you were in the public sector.  You won’t last five minutes.  Other than that, I hope you enjoy your family and show humble appreciation for all of the good things that God has bestowed upon you.

–Josh

Two private property rights bills before PA legislature

Pennsylvania private property rights are under the gun right now.

HB1565 would provide a small fix to a patently unconstitutional regulation issued by PA DEP four years ago. That regulation takes 150 feet of buffer land from property owners adjoining Exceptional Value and High Quality streams.  Pretty much nothing can be done inside that buffer.  No compensation is paid, no tax write-offs are allowed, no charitable contributions are allowed or facilitated under this horrendous rule.

Smart Growth tools have long called for rewarding land owners who give up usage of private land for environmental purposes. Increased building density on the non-buffer land is a big reward and an incentive for landowners to contribute protected land to the greater good.

But the current regulation is not focused on working with landowners. Rather, it treats landowners like a piggy bank, which can be robbed whenever needed.

Protecting the environment is easy to do. Old fashioned top-down, command and control, big government, one size fits all regulations like the 150-foot buffer rule don’t protect the environment any better than carefully tailored rules. It’s not like this is a choice between environmental protection or none at all.

So encourage your state senator to vote for HB1565.

The other issue is SB76, which will provide relief to property owners who are being taxed out of their homes by teachers unions. Government school taxes account for about 80% of the annual property taxes paid, so dealing with government pensions and government unions bargaining positions should help alleviate the pressure on home owners and farmers.

Encourage your state representative to support SB76, which will lower private property taxes and reshape the way taxes are allocated.

Private property is supposed to be sacrosanct. I’d suggest anyone supporting the 150-foot buffer rule simply give up their front lawn to the neighborhood as a public play area. Put your money where your mouth is, or quit demanding that other people’s money get spent in ways you think are superior than the owner would spend it.

PA Senator Mike Folmer on our pension crisis

Pennsylvania’s Pension Crises

by Mike Folmer, PA State Senator

August 21, 2014

President Kennedy said: “There are risks and costs to action. But they are far less than the long range risks of comfortable inaction.”

Pennsylvania’s failure to address its public pension problems recently resulted in another downgrade of its bond rating: from Aa2 to Aa3. According to the rating agency Moody’s, “. . . the expectation that large and growing pension liabilities coupled with modest economic growth will limit Pennsylvania’s ability to regain structural balance in the near term.”

Consider where Pennsylvania’s Public School Employees’ Retirement System (PSERS) was prior to 2001 changes enhancing benefits: $9.5 Billion surplus and a 123.8% funded ratio (100% is an appropriate ratio). Using the most recent actuarial valuations, the funded ratio for the State Employees’ Retirement System (SERS) and PSERS (using an optimistic 7.5% annual asset return assumption) was 59.2% and 63.8% respectively. Further declines are expected.

Pennsylvania’s private sector has predictable and affordable pension costs while providing employees with competitive retirement benefit packages. Over 70% of these firms have defined contribution plans for new hires with average employer costs ranging from 4% to 7% of payroll. (All private sector defined benefit plans must eliminate any deficits over time – often as short as seven years).

Ignoring such facts has resulted in unsustainable plans in states from New Jersey to California. Cities like Chicago and Detroit face bankruptcy because of public pension costs.

Courts have said public pension benefits once earned are protected by Pennsylvania’s Constitution: Article I, Section 17, “Impairment of Contracts.”

I’m not part of the legislative pension system as I believe Article II, Section 8 of Pennsylvania’s Constitution doesn’t provide for elected officials’ pensions: “The members of the General Assembly shall receive such salary and mileage for regular and special sessions as shall be fixed by law, and no other compensation whatever, whether for service upon committee or otherwise.”

This same provision is why I also return my legislative cost of living adjustment: “No member of either House shall during the term for which he may have been elected, receive any increase of salary, or mileage, under any law passed during such term.”

Nonetheless, I’m regularly asked why Pennsylvania underfunds its public pension plans. Taxpayers fear proper funding policies will result in districts increasing property taxes to pay pension contributions. Schools say the alternative is cutting programs or increasing class sizes.

Failure to contribute at least the actuarially recommended contribution transfers ever-mounting debt to future generations. The combined liabilities of SERS and the PSERS are over $50 Billion – and growing. These costs are the fastest growing state budget line item.

Separate from proper plan funding are new GASB (Government Accounting Standards Board) accounting and reporting standards to assess current and future pension obligations. Unfunded liabilities will now be reflected on school districts’ balance sheets and the underfunding issue will be further highlighted. Increasing numbers of municipal and school audits will be flagged due to GASB 67 (“Financial Reporting for Pension Plans”) and GASB 68 (“Accounting and Financial Reporting for Pensions”) standards.

In 2009, legislation (which I opposed) was enacted attempting to address Philadelphia’s public pension problems: a temporary 1% Sales and Use Tax increase. This “temporary” tax was subsequently extended. Purchases in Philadelphia include an 8% Sales Tax. However, Philadelphia’s pension liabilities have continued to grow. Like Pennsylvania’s infamous “temporary” 1936 Johnstown Flood Tax, this tax continues to exist and continues to grow. Ironically, Philadelphia is being flooded with pension liabilities.

In 2010, another law was passed to address Pennsylvania’s pension issues. Act 120 made some benefit changes for new employees, including: raising the vesting period to 10 years from five, reducing the multiplier to calculate retirement benefits (to 2.0% from 2.5%), increasing the retirement age for new employees to age 65, eliminating lump sum payouts of employees’ contributions and interest upon retirement, and limiting maximum retirement benefits to 100% of final actual salary.

But, Act 120 also continued the practice of underfunding, which further deferred state and local pension contributions to future years through “collars:” below recommended actuarial levels, which reduce public pension funding by about $1 Billion to $2 Billion annually. Such sustained underfunding has resulted in numerous credit downgrades. This is why I also opposed this measure.

Supporters of the status quo urge the General Assembly to allow Act 120 “time to work.” However, since passage of Act 120, pension liabilities have grown to $50 Billion from $41 Billion; the original assumptions of Act 120 have shown Act 120 has failed to attain its goals.

This $50 Billion deficit is growing by over $10 Million a day – over $3 Billion a year. Meanwhile, the Commonwealth, municipalities, and schools are allowed by law to underfund these plans by about $1 Billion to $2 Billion a year. Every 0.5% reduction in SERS and PSERS assumed investment returns adds approximately $7 Billion to their combined unfunded liabilities. If PSERS would compute its unfunded liability using market value of assets, this change alone would immediately add about $8 Billion to the deficit.

Failure to both properly fund these plans or move new hires to a defined contribution plan will only make matters worse (the claims of unaffordable transition costs are vastly overstated). Taxpayers should fear higher taxes to continue to fund public pensions. Public employees should fear their continued solvency.

There is a cost for inaction.

Scottish vote is instructive of changing identities around the world; is PA ready? Is USA ready?

A majority of Scots voted yesterday to not rock their world, not screw up their currency, not throw 300 years of cultural, financial, and military entanglement with Britain into a complete mess.

So although there was a sizable groundswell of independent-minded identity, about 45%, more Scots (55%) believed that the change was not worth the inevitable costs.  That 55% may indeed share the same cultural identity and passion for change as the 45%, but they believe that the price was too high.

Fair enough.  It is understandable.  Reasonable people can disagree about these things. After all, Scotland will still be Scotland, with a common language, culture, and identity.  And British lawmakers made clear concessions in recent days that will only strengthen and enhance Scotland’s sense of separate identity and self-determination, so the mere threat of separation gained new, valuable rights.

But Scotland goes to show that there is a sweeping change around the world, including in America, where changing identities are tugging at frayed social fabrics.  Eventually, these frays will become tears, whether we like it or not.

A good indication of this cultural change happened right here in America this past Wednesday.

On Wednesday, Constitution Day in America, the 9th Circuit Court of Appeals held that American students could be denied their First Amendment right to wear shirts with the American flag on “Cinco de Mayo Day” in California.

Citing fears that Hispanic gangs in certain California government-run schools would see the American flag as intolerant of their Hispanic identities, an instigation to violence, a school principal, and subsequently one of the highest courts in the land (ain’t that the truth) decided that American citizens must be barred from wearing the flag of our nation, America, on their clothes.

On just that one day.

Needless to say, that an American court would conclude such a violent attack on our free speech rights is OK in the first place is incredible, especially when it involves wearing our national flag.

That a court would cite potential violence by criminals, many of whom are not American citizens, as a reason to deny American citizens their free speech rights is a whole other thumb in the eye.  It is not legal reasoning but rather giving in to mob rule.

That the court decision was given on Constitution Day really highlights the symbolic meaning and significance of this event.  The court is either tone deaf or purposefully showing its disdain for our guiding light.

It really marks a widening cultural identity gap increasingly growing in America, as it is growing in parts of Spain (Basques), France (half the planet is still French-occupied), Syria (Kurds, Sunni vs Shia Muslims), Iraq (Kurds, Sunni vs Shia Muslims), Turkey (Kurds), Argentina (Falklands, occupied by Britain), and so on.

In each of these locations, there are large groups of people who believe that the present government is actually working against their interests, not for their interests.  They want a government that they believe is representative of them, their needs, identities.

Come what may of these various separation movements, many of which have turned into open civil war, what concerns me is what this portends for Americans.

One poll this week shows that one in four Americans support some sort of secession or breakup of America.

Some states, like Alaska, Montana, and Texas, already have large secessionist movements or large population segments who want Republic status either restored, or instituted.

At some point these different intellectual disagreements will result in actual, physical disagreements, usually known as civil strife or civil war.  As much as this terrifies me and anyone else who enjoys the relative tranquility and opportunity America now enjoys, it is a fact that such events are part of human history.  They are probably inevitable.

When the 9th Circuit Court of Appeals hands down a patently ridiculous ruling like this one, to satisfy some small group of people who threaten violence against otherwise Constitutional behavior, you can be damned sure that a much larger group of actual Americans take notice, and they begin to see their nation a lot differently than they did, say, on Tuesday of this week.

If threats of violence by alien invaders can suppress our Constitutional rights, then what the hell does our Constitution really mean? Has it now become meaningless? Will threats of violence by other groups, alien or native, gain sufficient legal traction to suppress other Constitutional rights, too?  Will or could threats of regional insurrection or violence against alien invaders result in similar court holdings that the Second Amendment no longer has standing there?

Can anyone imagine what that would then mean to tens of millions of law-abiding American citizens, whose otherwise legal ownership of plain vanilla firearms had suddenly overnight become criminalized.  Like people using the Internet to promote their ideas, those Americans would use their guns before they would lose them.  Surely here in Pennsylvania that is true.

America’s Constitution is what binds us all together.  It is the great equalizer, the super glue that keeps America’s different, pulsing forces together.

Behind this week’s 9th Circuit decision is a morally relativist, multiculturalist mindset that places first priority on vague feelings of separate ethnic pride above and beyond the limits on government and expansive freedoms for citizens granted in the Constitution.  To this court, government is an enforcer for grievances and hurt feelings; the Constitution is irrelevant in how that enforcement is carried out.

Pennsylvania is undergoing quiet but dramatic demographic change, similar to many other states, including California and New York.  These same sorts of issues and questions are about to descend upon us.  Do we Pennsylvanians have the quality leaders necessary to keep us bound all together in one identity?

Or do we have elected leaders and courts who are willing to inject anarchy and civil strife in the name of a perverted sense of justice, what Hell may come as a result?

Field Notes

Field Notes are the monthly notes written by PA Game Commission wildlife conservation officers, about notable experiences and interactions they’ve had on the job, out in the field.  And you know that for those folks, men and women, out in the field is truly out there in the wild.  Their descriptions of encounters with people and wildlife are unique and often funny.

Field Notes are published monthly in the PGC’s Game News magazine, and for all of my hunting life (1973 until now), one person really summed up Field Notes and gave them pizzazz, making them my first-read in the magazine.

That was artist Nick Rosato, whose funny illustrations in Field Notes came to epitomize and symbolize the life and lighter side of wildlife law enforcement.  Rosato’s humorous, rustically themed sketches summed up a WCO’s life of enforcing the law against sometimes recalcitrant bad guys, while maintaining an empathy usually reserved for naughty school children, when first-time offenders were involved and a slap on the wrist was needed.

Rosato died this summer, and his art will no longer grace the pages of Game News.  I will miss Rosato’s humor and skill, because for most of my life he helped paint the human dimension of officers who are too often seen as gruff, grumpy, and unnecessarily strict law enforcers.

Speaking of WCOs, a couple years ago I was hunting during deer rifle season when I encountered a WCO I knew.  He had a deer on the back of his vehicle and we stopped to chat and catch up with each other.  Out of nowhere, I asked him to please check me, as in check my license, my gun, my ammunition.

Getting “checked” by WCOs and deputy WCOs is a pretty common experience for most Pennsylvania hunters, but the truth is, I have never been checked by anyone in my 42 years of hunting.

“Sorry, Josh, I just do not have the time.  You will have to wait ’til later or until you meet another WCO out here,” he responded.

With that he smiled, waved, and drove off to follow through on his deer poaching investigation.

I think that encounter should be a Field Note, Terry.  It is probably a first.

Maybe this year I will be “checked,” but perhaps having every single license and stamp available to the Pennsylvania hunter, and hunting only when and where I am supposed to hunt, somehow creates a karma field that makes WCOs avoid me.

Speaking of hunting experiences, yesterday morning Ed and I were goose hunting on the Susquehanna River.  Out in the middle of the widest part, we were alone, sitting on some rocks, chatting about our families, professional work, politics and culture, religion.  Our time together can best be summed up as “Duck Blind Poetry,” because it ain’t pretty, but it is soulful.  Two dads together, sharing life’s experiences and challenges, makes hunting much more than killing.

While we were noting the Susquehanna River’s recent and incredible decline in animal diversity, we suddenly saw four white Great Egrets fly across our field of view, followed by three wood ducks.  Intrigued, we began speculating on where they had all been hiding, when out of nowhere a mature bald eagle appeared on the horizon.  It flapped its way over us and clearly was on the hunt.  So that was why the other birds had quickly flown out of Dodge!

Seeing these wild animals interact with each other was another enjoyable example of how hunting is much, much more than killing.

Unfortunately, during that serene time afield, I introduced my cell phone to the Susquehanna River, and have found myself nearly shut off from communications ever since.  While the phone dries off in a bath of rice, I am enjoying a sort of enforced relaxation.  Please don’t think my lack of responses to calls and texts is rudeness.  I am merely clumsy.  Let’s not make that a Field Note.

 

People ask me why

For some people, politics and political activism are their bread and butter.  Politics pays their bills.  With the right clients, they can make millions of dollars out of politics as a business model.

For me, politics is about personal liberty, freedom, opportunity and many other inspiring principles behind the founding of America.  It is also about the little freedoms we have that emanate from the bigger ideas:  The freedom to drive or walk somewhere without having to prove that you belong there, the freedom to choose where to live, the ability to select from a wide assembly of fresh food, to name a few popular ones.

Call it an innate sense of justice and right and wrong, which family and friends have said I’ve had since I was a little kid, or call it a lack of patience, an inability to watch, participate in, listen to, or tolerate BS/fluff/empty slogans/lies/self-interest, whatever it is that motivates me, I am passionate about good government.

Good government has been a passion of mine since I was a teenager, when I first got involved in political campaigns.  Back then, I was horrified at the way abortion-on-demand was changing our culture, I was against gun control, and nuclear missiles scared me.  Later on, watching police beat non-violent pro-democracy marchers in South Africa motivated me to put my voice behind change there (note that now the monumentally corrupt and un-just African National Congress government there is hardly better than the overtly racist apartheid government it replaced).  Age, paying taxes, and work experience have a way of shaping political views for normal people, and I was no exception.

So here I am, living a life that has meaning for me, trying to shape Pennsylvania and American politics in ways I believe are healthy, necessary, and just.  The citizens and taxpayers who are supposed to be served well by their government (of the people, by the people, for the people) are not being well served today.  This is why I am involved in politics.  That is why I will not go away, at least not until things are fixed to my satisfaction.

When the government just takes your land

About four years ago, Pennsylvania state government created a new regulation setting aside 150-foot buffers on waterways classified as High Quality and Exceptional Value.

This means that 150 feet from the edge of the waterway up into the private property, it’s designated as off-limits to most types of disturbances.

The purpose was to protect these waterways from the effects of development.

The end result is an obviously uncompensated taking of private property by the government. When the government takes a tape measure and marks off your own private land and says you can’t do anything with this huge area, or a road is going through, you’re simply taken advantage of. You’re robbed. It’s Un-American.  It’s unconstitutional.

Pennsylvania is a great state. I love living here. It’s saddening to see such top-down, command and control, clunky, one-size-fits-all regulations in this day and age. We can do so much better than this approach.

To start, create incentives for landowners to go along. Give tax credits and write-offs for land taken by government.

Do we all want clean air, soil, and water? Sure. Breathing, eating, and drinking clean air, food, and water are necessary to surviving. But that’s not the question.

The question is HOW we pursue those goals.

Requiring American citizens to simply give up their investments, with no compensation, creates losers in a system that was originally designed to make everyone a winner.

Instead of pitting government against the citizens, we need policies and laws that help and serve citizens, that are fair to citizens. That is by definition good government.

This current 150-foot buffer regulation is by definition bad government.

Good move by Gov. Corbett

If I hear one more false accusation that Tom Corbett is short changing government schools, I am gonna buttonhole that next person who says it.  It is not true that government school funding was or has been cut by the Corbett administration.  Like so many things that former governor Ed Rendell had done, those previous annual education budgets were temporarily bolstered by one-time FEDERAL money.  That funding was never intended to be continuous, and if it is not continuous, then it is in Barack Obama’s hands, not some governor who has zero control over federal spending.

Whatever your beef with Tom Corbett may be, and Lord knows, people have legitimate beefs with him, he is not responsible for “cutting education funding.” That is a lie.

Today, Corbett did the right thing by signing the legislature’s proposed budget, but using his line-item veto power to exclude the state legislature’s hoggish claim to some $72 million taxpayer dollars.  I have seen the state legislature hog over $100 million, and even higher, for their pet projects that the careerist leaders and their “pets” use to spend on projects to buy votes and get re-elected.

Corbett is angling for the legislature to return and fix the state pension crisis.

Good move, Tom Corbett.

A brief Thank You to Janice Creason

Janice Creason is the Dauphin County treasurer, and in the summer she and her staff have to scramble to process doe tag applications.  I know Janice works hard ahead of time and in overtime to get our applications processed as fast as possible.

Hunting is a big part of my life, and it is a multi-billion dollar annual industry in Pennsylvania.  Hunting is a crucial sector of the rural economy, and it is renewable and sustainable, and very safe.  People who help hunting are helping Pennsylvania taxpayers and PA jobs.

Thank you, Janice!

PA AG Kane: The Breck Girl

Pennsylvania’s attorney general is Kathleen Kane.

Pennsylvania citizens deserve much better than Kane.  We deserve more than what she brings to her public job.

Kane acts like the silky models who showed off their long hair with pirouettes and head tosses for Breck Shampoo.  One is reminded of the song “I’m Too Sexy.”

Based on her carefully groomed public appearances that coincide with an honest-to-goodness inability to grasp or articulate the issues of her office and the public, she is henceforth dubbed “The Breck Girl.”

Kane’s flippant, vacuous approach to serious public policy and legal issues, emphasized by a physical appearance crutch, complete with slow-motion hair tosses and giraffe-like Cheshire Cat radioactive radiant grins, have earned her this nickname.

Breck Girl, you are not up to the job.  You are incompetent.  If Pennsylvania had a recall provision in our constitution, you’d be recalled by now.

Hopefully, you will be impeached soon.  If Pennsylvania must have a Democrat as AG, I personally know several men and women attorneys in that party who would qualify much better than you, Breck Girl.