Peter’s Take

Peter’s Take is a weekly opinion column. The views and opinions expressed in this column are those of the author and do not necessarily reflect the views of ARLnow.com.

Jessica Tucker, the new Independent Auditor, is off to a promising start. She was hired in December 2015 and reports directly to the County Board.

An Audit Committee provides oversight and advice regarding Ms. Tucker’s work. The committee held its first public meeting with Ms. Tucker on March 29.

Discussion

Ms. Tucker helpfully identified six metrics as informing what should be audited: cost savings; improved service delivery; revenue enhancement; increased efficiency; transparency and accountability; and risk mitigation. At the meeting, the committee applied these metrics to 33 suggestions for possible audits, pp. 7-11.

The 33 audit suggestions reviewed by the Audit Committee included the following:

• Effective and efficient use of park funds
• Site plan conditions: amendment and enforcement; whether developers are providing the community benefits promised to the County
• Jail Medical Services (follow-up review of a previous study conducted by the Criminal Justice Institute in 2006)
• Procurement Process

On March 29, the Audit Committee agreed initially that Ms. Tucker should begin two audits in fiscal 2016. The committee plans to decide upon its final 2017 fiscal year audit plan at its next meeting (tentatively scheduled for July 11). This will allow time for the committee to consider other items on the list of 33 together with suggestions from members of the general public submitted via use of the online “Audit Suggestion Form.”

The first two audits selected on March 29 are those relating to site plan conditions and jail healthcare.

Site Plan Conditions

As noted in a March 4 memorandum submitted by the Planning Commission, site plan conditions reflect the community’s expectations for a particular project. At times, developers subsequently request changes, and not all such requests go back to the Planning Commission or the County Board for review. Some of the changes have greatly altered a project from what was approved originally. The purpose of this audit is to analyze these changes over the years–how many have there been, what types, who actually approved them, and did the changes alter the physical project or the community benefits negotiated compared to the plan the County Board approved?

Jail Healthcare

Despite a series of jail healthcare reforms recommended in the 2006 report, there have been a series of healthcare issues at the jail. For example, a man collapsed and died there in October 2015 . And, a deaf man alleged that the six weeks he spent there amounted to torture because of inadequate procedures to deal with deafness.

Other Matters

The Audit Committee considered asking the Independent Auditor to review the County’s procurement practices given cost overruns and delays with the new homeless services center and several parks projects. Because there has been major procurement staff turnover in the last twelve months, the committee decided that since reforms are already underway, such an audit should be deferred.

The Audit Committee also conducted a lively debate regarding the Independent Auditor’s requested addendum to the County Board’s audit charge regarding free and open access to books and records, facilities and personnel, p. 4. The committee ultimately approved this request in order to send an important signal for the future.

Conclusion

The work of the new Independent Auditor should improve Arlington’s fiscal health.

Peter’s Take is a weekly opinion column. The views and opinions expressed in this column are those of the author and do not necessarily reflect the views of ARLnow.com.

A new report by The 2030 Group recommends strategies that localities in our region should pursue to re-accelerate private-sector economic growth.

The report was prepared under the leadership of Dr. Steven Fuller, a distinguished, long-time — regional economist at the Center for Regional Analysis at George Mason University (GMU). Bob Buchanan, President of The 2030 Group, was a co-leader.

The report was sponsored by a wide range of academic, business, and governmental institutions, including GMU, American University, University of Maryland, Northern Virginia Chamber of Commerce, Metropolitan Washington Council of Governments, and the Urban Land Institute.

Background

The report documents that cutbacks in federal spending drastically have reduced regional economic growth since 2010. “This pattern of under-performance is likely to continue into the future as long as the region’s economy remains overly dependent for its growth on increases in federal spending.”

The report identifies seven advanced industrial clusters that “represent high value-added and high-growth potential businesses for which the Washington region is a competitive location.” To continue to diversify our economy, the report recommends that we should focus on these clusters: Advocacy; Information and Communications Technology; Science and Security Technology; Biological and Health Technology; Business and Financial; Media and Information; and Business and Leisure Travel.

Discussion

The report identifies four critical business requirements for growth in these clusters: Talent Development, Attraction and Retention; Quality of Life; Transportation Flexibility and Adaptability; and Access to Capital. It also identifies four constraints on business growth: Lack of Regional Branding; Lack of an Entrepreneurial Culture; Competition among Local Jurisdictions; and Public Costs and Disincentives.

Based on interviews with 33 of the region’s top business leaders and CEO’s, the report recommends six action items. The highlights of each action item are:

Talent Requirements: In order to advance the region’s competitive position, it’s essential to invest in the region’s public education capacity to ensure that its graduates have the necessary capabilities to pursue careers requiring advanced education and skills training.

Quality of Life: The region needs to develop regional solutions to its high housing costs and the resulting challenges of affordability. Housing affordability has multiple facets including publicly imposed costs that contribute no real value to the finished product.

Transportation: The ultimate solution is the authorization of a Tri-State (DC, MD, and VA) Transportation Authority (including highway, mass transit and water services) that has the authority to plan, finance, construct and operate the region’s transportation system.

Business Branding: The development of a business brand for the Washington area needs to be initiated by the private sector because the public sector is too fragmented and competitive to come to a consensus on a singular regional brand.

Regional Collaboration among Local Jurisdictions: Establishing a culture of collaboration among local jurisdictions, even within the same state, will be challenging but needs to start somewhere, as the cost of non-collaboration is high and the region’s economic future cannot afford non-collaboration.

Inefficiencies among Multiple Governments: Cost differentials exist within the region and result in business investment seeking locations in lower-cost jurisdictions. Unless these higher costs can be rationalized by the affected businesses, the higher-cost jurisdictions will be viewed negatively and avoided.

CONCLUSION

Arlington’s economic future is tied to the region’s economic future. We should pursue sensible strategies that recognize and reinforce our increasing interdependence.

Peter’s Take is a weekly opinion column. The views and opinions expressed in this column are those of the author and do not necessarily reflect the views of ARLnow.com.

Last week, the Virginia General Assembly filled a vacancy on the Virginia Supreme Court. The name of the candidate finally selected to fill this vacancy — Stephen McCullough — was first revealed to the public only one day before the legislature voted to confirm his appointment. That’s a bad process.

Background

Under Virginia law, the legislature — not the Governor — has the power directly to appoint judges when the legislature is in session. Last year, during a time when the legislature was not in session, Governor McAuliffe exercised his power to appoint a qualified judge, Jane Roush, to fill this vacancy. To be effective permanently, Governor McAuliffe’s interim appointment of Judge Roush required confirmation by the legislature once it returned to session. In the past, such interim appointments by Virginia governors routinely have been made and subsequently confirmed by the legislature.

However, in this case, the Republican leadership of the General Assembly claimed that they had not been adequately consulted and refused to confirm Judge Roush’s appointment. Last year, the Republican leadership quickly brought forward and recommended another qualified judge, Rossie Alston, as their preferred alternative appointment.

As this year’s legislative session began, Governor McAuliffe and the Republican legislative leadership continued to argue bitterly over whether Judge Roush or Judge Alston should be appointed. Since Republicans control both houses of the legislature, they bear full responsibility for managing the legislative calendar.

Discussion

Let’s just assume only for purposes of this discussion that the Republican leadership of both houses of the General Assembly are correct that Governor McAuliffe did not consult them adequately about Judge Roush’s initial interim appointment. Let’s assume further that the Republican legislative leadership entered the legislative session in January legitimately believing that Judge Alston was a better choice.

Early in this year’s legislative session, the Republican legislative leadership should have arranged up or down votes for both Judge Roush and Judge Alston. Had the Republican leadership done so, they would have discovered that neither of these candidates had the votes to be confirmed. Then, there would have been time to bring forward and adequately vet alternative candidates. Instead, the Republican legislative leadership allowed this issue to drag on and on and on.

On Tuesday of last week, with only days left before the legislature was due to adjourn, the Republicans suddenly announced that they wanted to nominate former Virginia Attorney General Ken Cuccinelli to fill this vacancy. Democrats erupted with a storm of protest, and just hours later, Cuccinelli withdrew his name from consideration. A few hours after that, Republicans suggested for the first time that they wanted Stephen McCullough appointed. McCullough was confirmed the next day.

Conclusion

As long as the Virginia legislature retains the power to appoint judges, there will be a substantial amount of partisanship in judicial selection. However, because judges are supposed impartially to decide the cases before them, both legislators themselves and the people of Virginia should have a fair and adequate opportunity to evaluate and comment upon any proposed judicial candidates. The Republican legislative leadership could have provided that opportunity in this case, but they let the people of Virginia down by failing to do so.

Peter’s Take is a weekly opinion column. The views and opinions expressed in this column are those of the author and do not necessarily reflect the views of ARLnow.com.

A 69% increase in asthma cases among APS elementary students — first reported in 2014 — has led Arlingtonians for a Clean Environment (ACE) to launch a new survey regarding idling times for cars and school buses at APS schools.

Background

Among the “Key Findings” of a 2014 Community Report Card on the Status of Children, Youth, and Families were these:

The number of parent-reported chronic conditions in APS elementary students increased by 62% between 2009-10 and 2013-14, driven by a doubling in food allergies and a 69% increase in asthma.

On March 4, 2016, ACE launched a survey seeking information intended to shed light on the role that idling times for cars and school buses might be playing in this spike in asthma cases. The ACE survey notes:

Idling not only wastes fuel, it contributes to air pollution and the emission of toxins that cause cancer and other serious health effects, including asthma. According to the EPA, air quality monitoring at schools has shown elevated levels of benzene, formaldehyde, and other toxins in the time just after school pick up.

Discussion

ACE is right to be concerned about the role that the toxins emitted by idling vehicles might be playing in the reported alarming increases in asthma among APS elementary students. As the Oregon Department of Environmental Quality explains:

• Children breathe 50 percent more air per pound than adults.
• Asthma is the third leading cause of hospitalization among children under the age of 15.
• Children’s asthma symptoms increase as a result of car exhaust.
• Asthma is the most common chronic illness in children and the cause of most school absences.

Because a single vehicle dropping off and picking up kids at one school puts three pounds of pollution into the air per month, stopping unnecessary vehicle idling is one relatively easy way to contribute to improved air quality and respiratory health in our communities.

However, one bus delivering 30 children to school generates far less overall exhaust (and thus pollutants) than do 30 individual private vehicles all driving a single child to school. To reduce atmospheric pollution near schools and limit children’s exposure, the principal goal of an anti-idling program should be to reduce the number of private cars driving children to school. APS can promote this goal by shortening bus routes and by collaborating with the Arlington County government to make it safer for children to walk and bike to school.

Car exhaust is a principal ingredient in ground-level ozone (or smog). Smog occurs when sunlight and heat react with vehicle exhaust. The American Lung Association has awarded Arlington’s air quality an “F” due to excessive smog. Spikes in ground-level ozone correspond to spikes in emergency room visits by asthmatics because smog inflames airways and reduces lung function, making it the greatest threat to children’s developing lungs.

Conclusion

How can we help? Arlington’s students already know the answer: we must be more careful stewards of the land. Protecting mature trees, limiting building footprints, minimizing paved surfaces and increasing green space all reduce the amount of heat-trapping elements in our built environment. Lower temperatures can reduce our children’s exposure to asthma-triggering ground-level ozone.

Peter’s Take is a weekly opinion column. The views and opinions expressed in this column are those of the author and do not necessarily reflect the views of ARLnow.com.

If enacted into law, a bill that now has passed both houses of the Virginia legislature would enable Richmond politicians and bureaucrats to censor APS teachers’ decisions regarding what books to assign in APS classrooms.

Background

Under HB 516, the Virginia state Department of Education would be required to establish a uniform, statewide policy that would require every local public school district in Virginia to:

1. Notify the parent of any student whose teacher reasonably expects to provide instructional material that includes sexually explicit content. Such notification shall (i) directly identify the specific instructional material and sexually explicit content contained in such material and (ii) set forth the parent’s options pursuant to subdivisions 2 and 3;
2. Permit the parent of any student to review instructional material that includes sexually explicit content upon request; and
3. Provide, as an alternative to instructional material and related academic activities that include sexually explicit content, nonexplicit instructional material and related academic activities to any student whose parent so requests.

As a recent Washington Post story explained, this proposed state legislation “all started with Laura Murphy, a Fairfax County woman who said she was horrified to discover that one of her sons, a high school senior, had been assigned to read Toni Morrison’s 1988 Pulitzer Prize-winning novel ‘Beloved.'”

Under HB 516, the state Board of Education would get to define for every local school district what does and does not constitute “sexually explicit content.”

Discussion

An English teacher posted this comment to the recent Washington Post story:

I assure you that if this insane plan becomes law that we English teachers will have to give a heads up about sex, graphic language, and violence for such works … as “The Canterbury Tales,” “Romeo and Juliet,” “Hamlet,” “MacBeth,” “1984,” “Catcher in the Rye,” “Huck Finn,” “Night,” as well as a good percentage of the recommended readings for both AP Literature and Composition and IB courses. … [S]tudents can be given alternative readings and teachers have learned to do this without the students feeling singled out or traumatized! 

Another Post commenter convincingly warned:

This is not about “a parent being able to opt their child out of a reading assignment.” If this bill passes, I guarantee there is already a group ready to complain en-masse, and make a big enough stink that a given book will be rejected by a teacher or school system wanting to avoid the controversy. Thus, they will get to determine what is “appropriate” for everyone’s kids.

About half of Virginia’s local school districts already require teachers to give parents advanced warning of “potentially sensitive or controversial materials in the classroom.” APS itself has adopted guidelines in this area. Under current Virginia law, any other local school district can choose to do so as well.

Conclusion

HB 516 raises serious censorship issues under the First Amendment to the U.S. Constitution. This bill is an ill-conceived and foolish effort by state legislators to set statewide standards regarding a set of issues that should be decided locally by APS and each other local school district in Virginia. Governor McAuliffe should veto this bill.

Peter’s Take is a weekly opinion column. The views and opinions expressed in this column are those of the author and do not necessarily reflect the views of ARLnow.com. 

Donald Trump is the clear favorite in Virginia’s March 1 Republican Presidential primary. His candidacy seriously undermines Republican prospects to carry Virginia in the fall.

Background

In a July column, I concluded:

The longer Trump stays in the race, the longer his views are publicized and associated with the Republican brand, the more damage he will do to Republican prospects–particularly in a purple state like Virginia.

Based on the results of the South Carolina primary and the Nevada caucuses, the damage inflicted by Trump’s candidacy on the Virginia Republican brand has grown substantially since July.

What South Carolina and Nevada say about Virginia

Trump won the South Carolina primary decisively, and the anti-Republican-establishment candidates (Trump, Cruz & Carson) won a combined 62% of the South Carolina vote. The Republican- establishment candidates (Rubio, Bush & Kasich) won only 38%.

The Nevada results were even more decisive. The anti-Republican-establishment candidates won 72%, leaving the Republican-establishment candidates with only 28%.

Therefore, the anti-Republican-establishment “lane” in Virginia will be plenty large enough to do lasting damage.

The right profile for a Republican to win a Virginia general election

• Ideology

Mainstream, conservative establishment Republican Bob McDonnell easily won the 2009 gubernatorial election. Extreme, right-wing Republican Ken Cuccinelli lost the 2013 gubernatorial election. As shown in the table below, two other mainstream Republican conservatives almost won recent statewide elections:

 

Attorney General     2013	Mark Herring (D)  1,103,777	Mark Obenshain (R)    1,103,612
U.S. Senate               2014	Mark Warner (D) 1,073,667	Ed Gillespie (R)           1,055,940

 

• Temperament

Virginia general election voters have a history of supporting candidates whom they perceive as sensible and pragmatic. Large numbers of voters found McDonnell, Obenshain and Gillespie to be sensible and pragmatic. Donald Trump simply does not have the personality profile of recent highly competitive Republican statewide candidates like McDonnell in 2009, Obenshain in 2013 or Gillespie in 2014. Instead, Trump looks a lot more like a recent brash, outspoken, statewide LOSER: Cuccinelli in 2013.

Here’s what Shaun Kenney, the respected former Executive Director of the Republican Party of Virginia, recently declared he would do if Donald Trump is the Republican presidential nominee:

I will work actively against him to ensure his defeat in the general election should he obtain the Republican nomination. In this, I am not alone. Millions of Americans will not pull the lever for Trump. Millions more are absolutely sickened by the jackbooted tactics of a militated few.

This is an uncommonly blunt declaration for a prominent party operative to make about his own party’s likely Presidential nominee. He wouldn’t have made it if it didn’t reflect what he is hearing privately from many other Virginia Republican leaders.

Conclusion

It looks very likely that Donald Trump will be the Republican Presidential nominee. But, even if the Republican establishment finds a way to deny Trump the nomination, Republicans are unlikely to carry Virginia for that alternative nominee. Why? There are already too many angry, energized Virginia Trump and Cruz supporters who either would stay home or force that alternative nominee too far to the right to carry Virginia.

Either way, Republicans in Virginia are trumped.

Peter Rousselot is a former member of the Central Committee of the Democratic Party of Virginia and former chair of the Arlington County Democratic Committee.