Tuesday, January 31, 2012

Robbing Dick to pay Jane: Gov. Bryant cuts $73M from education, attempts to cover it up with other people's money

Well, here we go.  Gov. Phil Bryant (R) has released his Executive Budget Recommendation, and in it, he slashes $72,900,000.00 from the education budget.  He then asks school districts that have saved their money to pitch in to cover his cuts.  (You can read Bryant's budget recommendation here.)

Democrats have quickly responded.  You can read the response from the Mississippi Democratic Trust here.

Gov. Phil Bryant releases his Executive Budget Recommendation

Gov. Phil Bryant's Executive Budget Recommendation has been released, and you can read it here.

More to come on this....

Why aren't committee meetings broadcast on the web?

As most everyone knows, you can watch the live feeds of the Mississippi House and Senate via the web.  You can watch the House here and the Senate here.  You can also find out when the respective chambers are online as well, by following the House schedule and the Senate schedule.

But if you go and look at those schedules, or spend any time watching the Legislature online or in person, you'll soon realize that 99% of the important work performed by the Legislature is done in committees.  For example, today's committee meetings included a meeting by House Judiciary B and Rules, and a joint meeting of the Senate and House Public Properties committees to hear a briefing from the Department of Finance and Administration.  Tomorrow's committee hearings include meetings of the Senate committees on Drug Policy, Transportation, and Economic Development, and House committee meetings for Medicaid (briefing by Department of Medicaid), Appropriations (a Community College Board hearing will take place), Education (to hear a briefing from the Department of Education), and Energy (for a briefing by the Oil & Gas Board).

All of these committee meetings are important, and voters across the state would benefit from listening in.  Which brings to mind a question:  Why aren't committee meetings broadcast online?

We won't have truly open government until they are.

Speaker Philip Gunn writes bill to make what he is doing in child sex abuse case illegal

File this one under "H" for hypocrite.

Speaker Philip Gunn (R-Clinton) has introduced "The Mississippi Child Protection Act of 2012" today, which is almost identical to bills he has filed in the past. In that bill, Gunn seeks to make it illegal to not report suspected child sex abuse to authorities within 48 hours of gaining knowledge of it.

Why is that hypocritical? Well, Gunn became aware sometime in the last 18 months of allegations that the children's music minister at his church, Morrison Heights Baptist in Clinton, had molested young boys. According to some, Gunn then went on to try to quiet those reporting the alleged crimes. He then went even further, instructing the members of his deacon committee (of which he is chairman) to not cooperate with law enforcement investigating the now-indicted abuse cases against the minister.

That would be illegal under Gunn's legislation, which in pertinent part reads as follows:
(d) "Mandatory reporter" means any of the following individuals performing their occupational duties: health care practitioner, member of the clergy, teaching or child care provider, police officer or law enforcement officials, or commercial film or photographic print processor.

...

(f) "Member of the clergy" means any priest, rabbi, or duly-ordained deacon or minister, except that the clergy member is not required to report a confidential communication that is protected as a function of the church, but shall then encourage that person to come forward and report the allegations to the proper authorities.

...

(3) Mandatory reporter requirements. A mandatory reporter shall report every instance of alleged or suspected sexual abuse. The mandatory reporter may not use the reporter's own discretion in deciding what cases should or should not be reported to the appropriate law enforcement or relevant state agency.

(4) Mandatory reporting procedure. If a mandatory reporter has cause to believe that a child has been subjected to sexual abuse, the mandatory reporter shall make a report no later than the forty-eighth hour after the abuse has been brought to the reporter's attention if the reporter suspects sexual abuse. A mandatory reporter may not delegate the responsibility to report sexual abuse to any other person but shall make the report personally. The mandatory reporter shall make a report to the local law enforcement agency, the Mississippi Department of Public Safety or the Mississippi Department of Human Services.

...

(6) Failure to report. Any mandatory reporter who has reason to believe that a child's physical or mental health or welfare has been adversely affected due to sexual abuse and willfully does not report such sexual abuse as provided by this section, upon conviction thereof, shall be guilty of a misdemeanor punishable as provided in Section 43-21-353(7).
Interestingly, this legislation has been a pet issue of Gunn's over the years. He filed legislation almost identical to this in 2010 (Section 3) and 2009 (Section 3).  Tellingly, though, not in 2011, which would have been around the time the children's music minister supposedly confided in him and the other deacons about the molestations.

Monday, January 30, 2012

Annnnnd there' off! The House begins unveiling its legislation.

The first House bills are starting to be filed, nearly 30 days after they showed up in Jackson. Today's filings can be found here.

Attorney General Hood sets the record straight on Barbour's attempt to shift blame for Pardongate; says Barbour is "a desperate man"

Here is the full text of a press release from the office of Attorney General Jim Hood:

It is unfortunate that former Governor Barbour has made some misrepresentations about the role of our attorney assigned to the Mississippi Department of Corrections. At no time did our Assistant Attorney General assigned to MDOC advise the Governor or any of his assistants that there was no requirement for publication. The comments by former Governor Barbour are a shameful attempt to deflect blame for his office’s failure to confirm that the requirements of the Constitution had been met.

First, the special assistant attorney general, David Scott, who the governor has supposedly relied upon, has only one client, the DOC; he is housed there and works together daily with the Commissioner of Corrections, Chris Epps. He is the MDOC lawyer. Scott is not counsel to the Governor who had his own three staff attorneys advising him.

On November 28, 2011, Scott texted Daryl Neely with the governor’s office and said, “please refer to Section 124 of Constitution regarding pardons and notice”. So, the governor and his staff and his attorneys were given the law at that time and had plenty of time to make sure publications were done properly before his term expired. So what did the governor and his staff do? Nothing. In fact, Daryl Neely told David Scott on November 29th that the governor’s staff had discussed the Constitutional publishing requirements and “decided it wasn’t necessary.”

Not until December 6, after 5:03 p.m., (31 days before the pardons were issued), did Neely text back to David Scott that ““top guy” wants to go ahead and run notices” for mansion trusties, and a few minutes later provided a list of names. The next day, December 7, 30 days before the pardons were actually issued, David Scott confirmed for his client, MDOC, that MDOC would take care of publication for the in-custody inmates. David Scott’s job was to advise MDOC, and their job is to run prisons, not to issue pardons.

Neither David Scott, nor the AG, nor any AG staff ever talked to an inmate or provided legal advice to an inmate. At the direction of DOC, David Scott did in fact refer the Governor’s Office to Section 124, which the Governor chose to ignore. Later, David Scott passed along the ‘Top Guy’s” last minute request that MDOC do the task of getting the publications done.

Finally, the Constitution puts the duty on the convict to make the newspaper publication, saying “no pardon shall be granted until the applicant therefor shall have published for thirty days, in some newspaper in the county where the crime was committed…his petition for pardon….” The failure to comply cannot be excused because the governor took it upon himself and an agency he controls to do the required publications, then botched the job. And his attempt to shift the blame for his failure to a career staff attorney for MDOC, who advised him well in advance of the law’s requirements, is shameful .

I am disappointed to see the former governor out in the national media making untrue statements. This is a sideshow by Tom Fortner and the former Governor to divert attention from the fact that the former Governor has loosed his favored murderers upon the public without any legal authority to do so. These untruths and mischaracterizations are indeed the sign of a desperate man.

Joseph Ozment found and served...in a Laramie, WY, hotel room under a fake name

Investigators with the Attorney General's office have found and served Joseph Ozment, the last remaining pardon recipient to be served with process in the Hinds County Circuit Court case involving Pardongate. Ozment was located in a Laramie, Wyoming, hotel room under an assumed name. According to Attorney General Hood, Ozment was driving his girlfriend's Mercedes-Benz when found, and hit an investigator with it as he tried to avoid service.

Ozment was serving a life sentence for killing a convenience store clerk during an armed robbery at the time of his pardon. Ozment had been serving that time at the Governor's Mansion as a trusty, which apparently came with quite a few privileges. (More on that to come in a separate post.)

Anyway, Ozment now has to check in with the Mississippi Department of Corrections every 24 hours. Failure to do so would result in a warrant being issued for his arrest.

Steve Holland on statesmanship

In an op-ed written for the Daily Journal, Rep. Steve Holland (D-Plantersville) offers some insight into his approach to life in the minority. It’s a great read from the Mississippi House’s preeminent storyteller and includes a brief rundown on some the more important policy achievements of his 29 years in the legislature.

Holland references his questionable committee assignments without malice and provides a good picture of statesmanship:
I’m putting hard feelings aside; I’m going to be the best minority member I can be.

I will not let anyone steal my passion, knowledge, and desire to see Mississippi prosper.

I’m a journeyman. I can take the lumps and bruises and emerge. That’s exactly what I plan to do with your continued help and support. Thanks for the opportunity.
Thank you, Chairman.

A note about comments on this site

Back when I began blogging with Jim Craig over at Ipse Bogit, I allowed for unmoderated, anonymous comments.  That proved to be unwise, and we began forcing people to have a registered Google ID and moderating the comments as they came in.  Alan Lange from Y'all Politics praised me on that decision, as did others.  There was, of course, great hue and cry from those whose purpose in commenting was not to debate, but rather to abuse and defame.  Like the poor, it appears that the demented will always be with us.

I continued that practice when I took over Cottonmouth a year ago.  It has proven to be a solid method of creating a healthy atmosphere of debate.  Comments from folks like Bill Billingsley help move the debate along and are very much appreciated.  Of course, I still retain the unfettered right to reject comments before they are posted.  And I will reject your posts and keep you from posting going forward if you engage in behavior that is defamatory or abusive, online or off.

As Alan Lange put it in his response to the above-linked Ipse Blogit article, a person's blog "ain't no democracy."  Bottom line: Newspapers don't run every crackpot's letter to the editor, and blogs don't have to allow all comments.

Sunday, January 29, 2012

New York Times: List of pardons included many tied to power

Heading into the weekend, the New York Times ran a piece exploring Governor Barbour's personal and political connections to the families of those felons who requested and received pardons. The story draws out several interesting details including a letter from a father of one of the pardon recipients who spent a portion of his plea celebrating the election of two Republican aldermen in Corinth.

After cataloging other notable examples of well connected pardonees, the writers observe:

"...in a state with the highest poverty rate in the nation and where nearly 70 percent of convicts are black, official redemption appears to have been attained disproportionately by white people and the well connected."

The story of Barbour's Pardongate and its impact is still being written. At least one of the subplots is its reinforcement of negative stereotypes of Mississippi. That a cocktail of race, party and cash could free killers early in Mississippi only serves to underscore those parts of our past that we'd rather forget.

Thanks, Haley.