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Monthly Archives: February 2010

Why Climate Change Deniers Should Still Support Green Energy

23 Tuesday Feb 2010

Posted by Michael Bersin in Uncategorized

≈ 4 Comments

Last week, two conservative Republican Senators, James Inhofe of Oklahoma and John Barrasso of Wyoming, called for an independent probe of the IPCC — the international scientific body that summarizes the latest climate science — and asked the Senate to halt all climate action until that happens.  

The senators claim that because there were some errors included in the IPCC’s 2007 report — for instance, how quickly the Himalayan glaciers might melt — the entire phenomenon of climate change must now be questioned.

I am not a scientist by training, but even I know their reasoning doesn’t hold up.  The few errors that have been uncovered in the thousand pages or so of the IPCC report have nothing to do with the science of whether and why climate change is occurring.  Instead, those errors are about a few specific projections about what might happen in the future.

Saying we should discard the entire thrust of climate scientist because of a couple of sloppy projections is like saying the concept of evaporation is in doubt because a handful of scientists mistakenly said Lake Mead evaporates faster than we thought.  

Senator Inhofe and Barrasso are trying to use this excuse to ignore the IPCC (which stands for the Intergovernmental Panel on Climate Change). But it won’t be so easy to get around the National Oceanic and Atmospheric Administration, the National Academy of Sciences, the National Science Foundation, the Pentagon, the National Intelligence Council, the World Health Organization, and the CIA.

Each and every one of these world-class institutions has concluded that climate change is a serious threat.    

But let’s face it, people like Inhofe will never be persuaded by scientific argument. Climate denial is an article of faith for them, and I don’t believe in arguing about people’s religion.

But I do argue politics, and on the issues that matter most to Americans right now — jobs, the economy, and security — climate action makes good political sense.

So even if Inhofe’s posturing about the IPCC gives  some Senators pause, they can’t ignore the following facts.

Fact: Climate Action Will Create Jobs

Every senator running for reelection this year has one question to answer: where are the jobs? Voters are hungry for opportunities, and a clean energy and climate bill will deliver them.

Clean energy jobs are growing 2.5 times as fast as traditional jobs right now. Indeed, according to economists at the University of California, the climate bill that passed the House of Representatives last June could generate nearly 2 million new jobs.

Why so many opportunities? Clean energy industries require more people than those in the fossil fuel industry. In fact, for every $1 million spent on clean energy, we can create 3 to 4 times as many jobs as if we spent the same amount on fossil fuels.

Some senators have the defeatist attitude that China will capture the clean energy market because of its low wages. In fact, A recent study by the EPIA (for which Barclay’s vetted the data) found that 75 percent of all solar energy jobs are in installation and maintenance and the trend is similar for other clean energy technologies.

You can’t outsource the job of building a wind farm or making an office more energy efficient.

But here is another fact: the only way to get these jobs benefits is to pass a clean energy and climate bill. Without that bill, businesses don’t get the incentive to invest in job-heavy, low-carbon energy sources. And without those jobs, Senators will have a much harder time talking to their voters.

Fact: Climate Action Will Generate Economic Growth

Many economists believe that we need a new engine for growth. We need individuals and companies to invest in something on a massive scale in order to instill confidence and create jobs.

Clean energy and climate solutions fit the bill. Annual investments in the global clean energy market could reach $106 to $230 billion a year in 2020 and as much as $424 billion in 2030. What other sector is offering that kind of growth right now?

But in order to unleash private investment, companies need the right incentives. Peter Darbee, the head of PG&E, wrote in the Capitol Hill newspaper Politico that America’s utilities need about $2 trillion over the next 20 years to modernize electrical infrastructure. But, he said, companies are delaying capital spending because, while they know climate legislation is coming, they don’t know when and they don’t know what it will look like. In the meantime, they are holding onto their cash and postponing job creation.

Darbee urged Congress to pass a climate bill because, he wrote, it will “clear the way for many companies to accelerate near-term investment and job creation. Longer term, it would enhance America’s economic competitiveness and national security.”

Fact: Climate Action Will Strengthen Our National Security

The Christmas bomber put security back on the list of top priorities for many American voters. It was a terrible reminder that distant unrest can wash up on our shores.

And that’s what the Department of Defense is worried about when it comes to climate change. A few weeks ago, the Pentagon released its Quadrennial Defense Review–its official assessment of military risks–and it called climate change a threat to national security that “may spark or exacerbate future conflicts,” and labeled global warming “an accelerant of instability.” The Central Intelligence Agency and the National Intelligence Council came to similar conclusions.

If we stay on our current path –ignoring climate change and continuing to fuel it with our oil addiction–the risks will only grow. Americans spent a record $450 billion on imported oil in 2008–$1,400 for every man, woman, and child in this country. This money was sent overseas to places like Saudi Arabia, Venezuela, and Nigeria. Do you think those regimes have our best interests in mind?

Retired Navy Vice Admiral Dennis McGinn explained it like this: “Our growing reliance on fossil fuels jeopardizes our military and affects a huge price tag in dollars and potentially lives… In our judgment, a business-as-usual approach constitutes a threat to our national security.”

A clean energy and climate bill will disarm that threat, protect our servicemen and women, and keep billions of dollars here in America.

Senators Inhofe and Barrasso can argue over the science as much as they want.  The scientific community can and will defend the science behind climate change.  While they have that debate, there are lots of additional, incredibly important reasons to get started…. So, let’s not wait.

This blog post was originally posted at The Markup

Claire McCaskill: Part of the problem

23 Tuesday Feb 2010

Posted by Michael Bersin in Uncategorized

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Tags

Claire McCaskill, climate change, EPA, green-house gases, missouri, Peabody Coal

As far as our climate crisis goes, you either get it or you’re part of the problem. Unfortunately, Claire McCaskill just can’t seem to get it; she has, along with a gaggle of other “coal-state” Democrats, just signed onto Senator Rockefeller’s letter to the Environmental Protection Agency (EPA), challenging the agency’s efforts to regulate green-house gases from stationary (i.e. industrial) sources:

In their letter, the Democratic senators do not object to the EPA regulating greenhouse gas emissions from cars and light-trucks, but they do question the agency’s power to do anything else under the Clean Air Act. The letter asks Jackson clarify the EPA’s timetable and suspend any regulations for coal-fired utilities and other industrial facilities until Congress acts on climate and energy legislation.

Let’s see … “until Congess acts” … guess their big-coal contributors and lobbyist pals won’t have to get their knickers in a twist for a long, long time if we have to wait for these clowns to get serious.

But this isn’t the worst of it. Alaska big-oil proxy, Lisa Murakowski, has already introduced legislation to block EPA action; the signatories to the Rockefeller letter indicated possible support for this or a related measure:

… Among their concerns were whether Congress would be able to review the EPA’s carbon regulations and how the agency would assess the “direct and indirect cost implications” of its new rules.

Do you ever wonder why these folks are so unconcerned about the “direct and indirect cost implications” of the climate crisis for the welfare of their states? Or why almost none of them have ever admitted that the proposed House legislation includes safeguards for the welfare of coal dependent states?  In McCaskill’s case, do you think it could have anything to do with the

$10 million that Peabody Coal has spent since 2008 to stop climate-crisis legislation?  

“Oho, the Wells Fargo wagon is a-comin’ down on the Dow”

22 Monday Feb 2010

Posted by Michael Bersin in Uncategorized

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Tags

Bank of America, financial reform, missouri, National People's Action, Wells Fargo

Go on. Tell me you know somebody who isn’t pissed at the big banks. Even many of the tea partyers hate them. It doesn’t matter which side of the spectrum people are on; they’d like to see those bloodsuckers at Wells Fargo and Bank of America hung naked by their toenails over a bonfire.

Unfortunately, the financial environment that bred the current crisis was also bipartisan. Oh sure, we could blame Republicans Phil Gramm, Texas, and Jim Leach, Iowa, for introducing in 1999 the bill that repealed the Glass Steagall Act of 1933, an act which kept speculation tamped down. But those two Republicans only led the charge. In their wake was a 90-8 vote in the Senate, a 362-57 vote in the House, and a signature–as if it were needed–by Bill Clinton.

Not until January of 2010, a year and a half after the global economy wobbled on the edge of a chasm, only to be pulled back from the brink by almost a trillion bucks loaned to the very villains who caused the wipe-out, did Obama, with Paul Volcker at his side, propose reinstating many of the Glass-Steagall regulations. What took you so long?! And anyway, it’s not as if a proposal strong enough to do the job will survive the butchering, compromising, and selling out that will go on during markup. If such a miracle did occur, Congress would freeze in a bi-partisan iceberg (real Dems vs. Rs and Blue Dogs) when it came time to vote on actual reform.

Part of the reason adequate reform isn’t likely to pass is the banks themselves. They used taxpayer money from the bailouts to lobby against reform–and, they know how to spread the moolah to the right campaign coffers. Meanwhile, in 2009 the top five banks made their highest profits ever. And they paid bonuses amounting to $140 billion–about the amount of money it would take to cover the shortfalls in fifty states from the Great Recession that the banks caused.

Damn straight we’re pissed.

The banks “have their boot on the neck of the American Dream.” It’s time to take it to the streets. At least that’s part of the strategy that National People’s Action has mapped out for pressuring the banks to stop ripping people off and start lending to small businesses and investing in communities. Last October, NPA led a coalition of groups that turned out thousands of protesters at the annual American Bankers Association convention in Chicago. They called it Showdown in Chicago, and now every time a TV station wants to illustrate the anger of the populace at the banks, they dredge some video of those protests out of the archives.

It’s time to give MSNBC and CNN new footage. NPA plans to double down, triple down, quadruple down on the protests. There will be regional demonstrations in late April through mid-May. The plan is to focus on the two worst offenders and to turn the clubby atmosphere of their annual stockholders’ meetings into circuses. All the members of last October’s coalition–SEIU, for example, and the AFL/CIO–are itching to get going. Each march will involve at least a thousand, maybe far more–a flood of loud, angry and yet articulate protesters.

The NPA strategy is two pronged.

First, progressives can accomplish a lot by focusing their energy on regulators rather than on legislators: Ben Bernanke at the Fed, Sheila Bair at the FDIC, and John C. Dugan at the OCC (Office of the Comptroller of the Currency). In Mexico, MO, Jordan Estevao, an NPA organizer, recently explained the strategy to activists at GRO, one of the members of the Showdown in Chicago coalition.

He asked how many of us had been to Bernanke’s house to discuss the banking problem. Lotsa laughter. But, referring to the protests against Bernanke’s nomination, Estevao said that “because we ‘went to his house,’ he’s now … afraid of us.” NPA is scheduled to meet with Bernanke on March 9th to discuss the actions they feel the Fed needs to be taking. For example, NPA will urge Bernanke to see that the Community Reinvestment Act is enforced.

 

Sheila Bair at the FDIC is even more on board. She showed that she supports NPA’s goals when she spoke at the Showdown in Chicago in support of a Consumer Financial Protection Agency:

“In looking at indecipherable credit card statements and documents, mortgages you can’t understand and APRs from payday loans and high overdraft fees, I don’t see how anyone can say we’ve done a good job protecting consumers from financial services.”

And here’s a sentiment to endear her to us: “‘It’s time to put an end to the ‘too big to fail’ doctrine… Yes, no more bailouts, no more bailouts!'”

That leaves John C. Dugan at the OCC. Estevao shrugged and opined:

“We’ve met with him before, but we don’t know if he’s quite there yet. What that means is that, with the first two, we can negotiate. With the third one, we can act, we can do action. It’s how, you know, how do we bring people to the negotiating table? We hit ’em. And when we hit him, it sends a signal to the other two that they should stay at the table. And then eventually this guy will crack when he’s the odd one out that isn’t working with the community. And, you know, these two [Bernanke and Bair] both have something to protect, they both have something to lose: both of them are under, you know, scrutiny, and are facing the prospect of their powers being rolled back. So we can weigh in on either side of that fight, either help those changes happen or stop them from happening.”

On the Big Banks, it’s ACTION, ACTION, ACTION.

And that’s the second prong of the plan. The coalition will focus on Bank of America and Wells Fargo. Not that it won’t go after, say, Chase Manhattan if its CEO gets an outrageous pay package, but the main idea is to make the other big banks sweat that they could be next when they see how NPA keeps hammering the two worst.

As for what makes Bank of America and Wells Fargo the worst, B of A is the biggest bank and it has the most foreclosures. Wells Fargo has a lot of lawsuits against it for discriminatory practices in lending. The other factor that determined NPA to focus on these two entities is that they are accessible. Bank of America is in every area where NPA affiliates operate, and Wells Fargo is in most of them.

So protesters are going to shine a media glare on the annual stockholder meetings of these two banks on April 27th and 28th. Crowds of demonstrators will show up for the Wells Fargo meeting–Showdown in San Francisco–and for the Bank of America meeting–Showdown in Charlotte. GRO (Grass Roots Organizing) is considering organizing a Heartland Showdown in the Kansas City financial district. That one is still iffy. But there will be a Showdown on Wall Street in early May.

Estevao explained why such actions work:

“If we focus on these two and make them the bad guys of the financial collapse, and every time that we do a protest we’re naming them as the ones that collapsed our economy, eventually that’s gonna be bad for business. And, you know, we don’t even have to like really … they’ll start to lose a little bit of money, but what’s worse is that their stock prices will go down.

So when we were fighting Wal-Mart in Chicago, you know, we wanted them to pay a living wage and we wanted them to pay health insurance because they would have put a lot of other businesses out of business that were paying health insurance in Chicago. That’s the problem with them. And, so we introduced this ordinance that would force them to do those two things, to pay a living wage and pay health benefits. And, you know, at the same time all over the country a lot of other organizations were going after Wal-Mart too, particularly in urban areas. Wal-Mart’s expansion strategy right now, because they’re already all over the suburbs and rural areas … they’ve saturated that market, so they’re trying to get into the cities. And we were stopping them from getting into the city, and it was hurting their stock prices. Their worst nightmare is that a protest would actually start to hurt their stock prices.

We can totally do that with Bank of America and Wells if we’re relentless and if we do big enough … big enough actions that they get a media profile.”

Oh yeah? Like that skinny guy in blue jeans is seriously going to harass the suits at Wells Fargo? It can happen. This is the most unifying issue of our time. Like I said, you don’t know anybody that doesn’t hate the big banks. And if you get enough skinny guys in blue jeans together, suddenly Clark Kent is Superthrong. I own blue jeans. And if GRO gets that K.C. action off the ground, I’m buying an AMTRAC ticket out of St. Louis.

Obama’s “Cash for Caulkers” featured on Laborvision

22 Monday Feb 2010

Posted by Michael Bersin in Uncategorized

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Thanks to the stimulus bill championed by President Obama, the state of Missouri has millions of dollars available to complete home weatherization projects for low and moderate income homeowners. The program provides three distinct benefits: jobs for construction workers, lower utility bills for homeowners, and cleaner air for everybody.

On this episode of Laborvision, host John Hickey discusses the impact of home weatherization projects with Ron Tierney of the Carpenters Union apprenticeship program, Jim Buford, CEO of the Urban League of St. Louis, and Karen Massey of the Department of Natural Resources and the statewide coordinator for the home weatherization program.

The cable TV schedule for the show is:

St Louis City – Charter Channel 21:  Mon @ 8pm – March 1 & 8

Weds @ 730pm – March 3 & 10

Thurs@ 7pm – March 4 & 11

Sat @ 330pm – March 6 & 13

St. Louis City & St. Louis, St Charles, Jefferson, and Franklin Counties – Charter Ch 8 (or Ch 98):  Mon @ 430pm – March 1 & 8

Columbia MO (Mediacom Channel 85 (with set-top box) or 23-3 (newer TV without box), or Charter 21):  Mon @ 430pm, Weds @ 430 pm, Fri @ 430 pm – from April 5 to May 2

Springfield, MO (Mediacom Ch 26) – Weds. @ 730pm – March 3 & 10

Jefferson City (Mediacom Ch. 81) – Tues & Thurs @ 11am  – From March 29 to April 25

Priorities

22 Monday Feb 2010

Posted by Michael Bersin in Uncategorized

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I live in a big blue city that is surrounded by a sea of rural red stereotypes. I know. I am safely ensconsed in the city now, but I come from an area that pretty much personifies the ‘cling to guns and religion’ archetype – a town with a population of under 400 with five active church congregagtions, and every pickup in every parking lot on Sunday has a couple of loaded guns in the gun rack.

The town I call “home” has two things going for it…an FDIC insured bank – the smallest one in the country, in fact, with only seventeen million dollars in total deposits – and a good school. We have pre-school through grade twelve in one building, and what we don’t have teachers for, we can get via satellite or the internet. . We have a low teacher-to-student ratio, and the kids learn. Then they go on to college in phenomenal numbers – sometimes 100% of the graduating seniors become freshmen in the fall, and they are all prepared to do the work, too.

We may bitch about taxes, but when it comes to the school, we pass the levies and pay them, and count on the state and the feds to do their part.  

So why do the people up there keep sending republicans to the state legislature who refuse to fix glaring abuses to the tax code, thereby selling out their small-farmer and working-class constutuents to the greed of the states yachting class in the Ozarks?

Cash-strapped legislators have recommended spending cuts for Missouri schools and shelters for battered women, but so far the yachting class can enjoy another season of clear sailing.

Thanks to a longstanding tax exemption, Missouri’s marina set can opt to pay a small fee in lieu of sales taxes and shave as much as $30,000 off the purchase of a $500,000 boat.

That tax exemption alone is depriving state and local coffers of more than $6 million a year, according to some estimates. It’s just one of more than 130 untaxed transactions that are getting renewed attention in Jefferson City because of the state’s continuing budget crisis.

For now, however, yachts are treated like baby formula for the poor, tickets to the state fair and even newsprint -all are exempt from state and local sales taxes.

And to add insult to injury: the sort of boat that folks in the northern tier might buy don’t qualify for the tax break, they have to pay the full tax load. And the republicans who represent the northern tier do absolutely nothing to further the interests of their own constituents. They just sell them out in favor of rich people in the Ozarks, and never pay a penalty for doing so.

The Missouri legislature needs a realignment of priorities. Education is the most important thing we can spend money on, and constituents need to grasp that fact and make it a ‘third rail’ priority. Any politician who dares propose cutting the education budget should be roundly ridiculed and mocked as unserious. That the reality is otherwise, I find equal parts surreal and embarrassing.  

Clean Energy Now! Bus Tour Stops in Columbia and St. Louis

22 Monday Feb 2010

Posted by Michael Bersin in Uncategorized

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Due to a miscommunication about the time of the events on Sunday, I wasn’t able to catch up with Rev. Yearwood at his stop in St. Louis as part of the Clean Energy Now! Bus Tour on Sunday. I did get a chance to

You can get a sense of what Rev. Lennox Yearwood and Hip Hop Caucus got up to

http://consequence09.org/2010/…

http://consequence09.org/2010/…

HASSLER to PHILLIPS Connect-the-Dots Game!

22 Monday Feb 2010

Posted by Michael Bersin in Uncategorized

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Honestly, we didn't really want to believe that this required sharper illustration, but it seems like some people still don't understand the conflicts of interest, nepotistic loyalties and general Good-Old-Boy allegiances that have dictated the recent actions by the UCM Board of Governors.

If you, gentle reader, find yourself confused by the Benoit Wesly affair, boggled by Podolefsky non-renewal or troubled by the burgeoning boondoggle that is the new President search process, please consider the following:

Starting with UCM Non-Employee Greg Hassler, one can trace a slimy path to UCM Board of Governors President Dick Phillips, in 12 easy steps. Here we go!

 

 

Greg Hassler

Part-Owner (one of four initial members) of D & H Media, LLC

AM radio attacker of Ronnie Podolefsky and Aaron Podolefsky

Married to Carol Hassler (see below)

Missouri chooses irresponsible tax cuts over responsible taxation

22 Monday Feb 2010

Posted by Michael Bersin in Uncategorized

≈ 2 Comments

Tags

Budget cuts, job creation, jobs, missouri, Tax policy, taxes

Conventional wisdom – you know, those clichés that animate corporate media analysis – has it that you can’t raise taxes in tough times when revenues shrink, so you must cut spending in order to balance your budget. Republicans, as authors and seminal propagators of these clichés, are firm about this tenet. Consequently, Governor Nixon, a realist faced with a majority Republican legislature, is going about the business of “fixing” our state budget problems by slashing essential spending – while the legislature plans an orgy of tax cutting that is sure to bring a smile to the faces of their I-got-mine-but-I-want-more constituency.

Meanwhile, everybody agrees that the issue is jobs, but nobody seems to notice that the budget cuts that are being made will mean lots of lost jobs – real tangible jobs, lost right now while we are struggling hardest to keep our heads above water. To be precise, Mark Zandi of Moody.com estimates that state budget cuts will cost the U.S.  900,000 jobs unless more stimulus funds reach the states in time.

The proposed tax cuts, on the other hand, might or might not mean a few more jobs sometime in the future. Objective data does not really confirm that lowering tax rates necessarily leads to job creation. As a case in point, Missouri has seen mediocre job growth over the last decade when compared with many states with higher taxes.

Still our Missouri Republicans insist dragging us all, as Zaid Jilani at Think Progress puts it, down:

… the path of the “deficit peacocks,” who demand cutting social spending while ruling out tax increases on those who have benefited immensely from years of conservative policies.  

This choice has not been universal; Jilani describes states such as Oregon and Wisconsin where progressive policymakers have decided that:

… at a time when the tax burden between the wealthy and the middle class is “narrower than at any time in modern history”  …[to] look for ways to responsibly raise revenues while protecting their states’ spending on vital programs.

Looks like we will get another chance to test Keynesian solutions against “free market” business giveaways – and one can only shudder when thinking about how, if the tax cutting mentality continues to prevail, the Missouri misery index will almost surely soar in the coming months.

The Next Election Syndrome

21 Sunday Feb 2010

Posted by Michael Bersin in Uncategorized

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”In my father’s day, you legislated for four years and campaigned for two; now it’s full time,” Bayh said this week. ”It never stops. My bottom line is that there are a lot of really good people trapped in a dysfunctional system desperately in need of reform.” – Ohio.com

One of the main causes of the political gridlock that is gripping Washington and has brought our federal government to a screeching halt is the phenomenon of the constant campaign. Regardless of whether you win or lose moments after the election it all begins again. The problem with the constant campaign is that you basically invalidate the results of the previous election. You exchange long-term legislative initiatives for short-term political gains. Because you are always running for re-election or election to another office there is little if any incentive for compromise or accomplishing any legislative business. Bringing home pork has replaced solving complex political issues. Instead of running on any legislative record of accomplishments our congressional leaders are now campaigning on how much pork they have delivered to their districts.

As a result of this process we have sessions of congress that continue to kick the can down the road when it comes to solving major issues facing the American people. Issues like campaign reform, entitlement programs, and health-care reform continue to be discussed, debated and left to languish in session after session of congress. There may have been a time when this process was allowable in our nations past, but with the looming crisis’s facing our country this attitude is no longer an option. With massive unemployment, thousands of Americans dying each year due to a lack of healthcare coverage, and the corporations amassing millions of dollars of profit at the expense of middle America we no longer have the luxury of a dysfunctional government.

The main problem I have with the tea-baggers is that they have allowed themselves to be co-opted by the same interests they claim to be against. If we in America could ever get past the trivial tribal issues that continue to divide us we could remake this country into a greater vision than the founding fathers could ever have had. The problem with going back to 1776 is that we were not a land of freedom for all and so there are many folks who are not willing to go backwards to some false premise of America. There has to be a way of taking what was good with the original visions of the fore fathers and wed it to the inclusion of all Americans. We will never be able to accomplish this if we continue to hold on to the things that divide us and ignore the so many more things that unite us.

If we allow this phenomenon of constant campaigning to continue to invalidate our elections it will only give rise to the lunatic fringe and the anarchists who want to remove all government from America. We have elections for a reason and when you lose an election you do not have the option of preventing the victorious party from governing. You have the right to present your arguments and ideas but you lost for a reason. You can’t have it both ways where on the one hand you laud the political process of democracy, but at the same time if the results are not to your liking you can invalidate them through obstructionism and become political opportunists. We have to get rid of this false meme that there is a rational opposition with rational grievances against the Dems and this President. If the bi-partisan commission on the budget is not proof enough of the duplicity of these Republicans then no amount of proof will suffice. It is incumbent upon a free press to expose this duplicity and not allow these obstructionists to have it both ways. This notion of an objective press being one that presents both sides as rational is absurd when one group is not acting rational.

Another problem with the constant campaign is that campaigns are also constantly doing fundraising and putting campaigns into bed with special interests that are now crafting our legislation. The key to election victories has gone from candidate competency to candidate fundraising ability and the two are not the same. Candidates now have to appeal to the baser instincts of the party faithful and cannot be seen as being complicit in the legislative accomplishments of the other side. This has led to obstructionism versus compromise. It becomes almost impossible to work with someone whom you have demonized in getting elected and now must work with once the election is over. Of course now the election is never over so where does that leave the American public. What many of today’s politicians have forgotten is that in order for democracy to work it must be by the consent of the people and if you contaminate the process then you can very easily remove the consent.

This is the era of the constant campaign – where in order to break through the clutter, first time candidates must start their campaigns two years out and former candidates start campaigning again the day after Election Day. – Joe Garecht

The tyranny of a prince in an oligarchy is not so dangerous to the public welfare as the apathy of a citizen in a democracy – Charles de Montesquieu

The Disputed Truth

“A Gentleman’s Agreement”?: fools rush in…

21 Sunday Feb 2010

Posted by Michael Bersin in Uncategorized

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Aaron Podolefsky, Benoit Wesly, Board of Governors, Joe Kremer, Marvin Wright, missouri, UCM Foundation, University of Central Missouri, Weldon Brady

This is the forty-ninth post in an ongoing series as we file Missouri Sunshine Law (RSMo 610) requests and investigate the non-renewal of the contract of University of Central Missouri President Aaron Podolefsky. Links to previous coverage are below the fold. BG and MB

Yesterday we posted on the University of Central Missouri Board of Governors’ successful attempt to acquire the gift history of benefactor Benoit Wesly. We also asked if they inquired about others’ gift history. We received no documents indicating such.

There are implications involved in a public entity acquiring information in Missouri – if anyone asks them what they have, they’re supposed to let that anyone know. The University of Central Missouri Board of Governors, as a public entity, is subject to the Missouri Sunshine Law. We are aware that the University of Central Missouri Foundation has previously declined requests for information, supposedly because they are not subject to the requirements of Missouri’s public records statutes. Apparently that depends on who is doing the asking.

After initial resistance from the Foundation…

…The Foundation’s legal counsel, Stinson, Morrison, Hecker LLP, recommends that all donor information be kept confidential. Their interpretation of the law is that we have the ability to keep such giving history private.

We feel that were it to be known that the Foundation releases such information to outside agencies or individuals, we would experience a chilling effect on our ability to solicit and secure future gifts…

…they apparently relented, even though our Sunshine Law request did not turn up any documents explaining this change in policy or even acknowledging such.

What would make the University of Central Missouri Board of Governors discard the advice of nonprofit fundraising professionals?

….1. Is it your legal counsel’s specific opinion  that the information requested be denied Mr. Wright and/or UCM’s Board of Governors, or is it a general recommendation that all donor information be confidential.

2. Is it your opinion that Mr. Wright or the university is “an individual or outside agency?”

3. If I were to make a similar request as past president and emeriti Foundation Board member, would that request be denied. Further, if a Foundation Board officer and/or Foundation Board member made a similar request, would it be denied?

4. Is it your position and the opinion of the legal counsel that the Missouri Sunshine Law does not apply to the Foundation?….

[emphasis in original]

It must be all in how you phrase the question. And what would prompt them to ask for that information for one specific donor and not for others? Is there a specific price point for doing the right thing?

From the records we acquired via our Sunshine Law request directed to the Board of Governors we have been able to ascertain that Benoit Wesly has given $408,250.00 to the University through the Foundation, with another $90,000.00 pledged. The content of the three page document listing that gift history is below the fold.

[page 1 of 3, unnumbered] COPY

Payment Jun 12, 2009 Soft $3,250.00 2009 Foundation Annual Fund UCM Maastricht Medallion International Award Fac Staff

    $3,250.00 2009 Foundation Annual Fund UCM Maastricht Medallion International Award for Stude

Payment Sep 30, 2008 Self $1,750.00 2009 Foundation Annual Fund UCM Maastricht Medallion International Award Fac Staff

    $1,750.00 2009 Foundation Annual Fund UCM Maastricht Medallion International Award for Stude

Pledge Sep 23, 2008 Self $50,000.00 $45,000.00 Active 2009 Foundation Annual Fund UCM Maastricht Medallion International Award Fac Staff

    $50,000.00 $45,000.00 Active 2009 Foundation Annual Fund UCM Maastricht Medallion International Award Stude

Gift Aug 28, 2008 Self $15,000.00 2009 Foundation Annual Fund Presidents Fund

Gift May 15, 2008 Self $3,500.00 2008 Foundation Annual Fund Presidents Fund

Gift Oct 12, 2006 Self $3,500.00 2007 Foundation Annual Fund Presidents Fund

Gift Nov 03, 2005 Self $3,500.00 2006 Foundation Annual Fund Presidents Fund

Gift Oct 12, 2004 Self $3,500.00 2005 Foundation Annual Fund Fashion Merchandising Program

Gift Sep 09, 2003 Self $3,500.00 2004 Foundation Unrestricted The Central Annual Fund

Gift Mar 27, 2002 Self $3,500.00 2002 Foundation Unrestricted The Central Annual Fund

Gift Apr 07, 2000 Self $3,500.00 2000 Foundation Annual Camp. Hospitality Management Association Scholarship Endowment

Gift Apr 21, 1999 Self $3,500.00 1999 Foundation Annual Camp. Presidents Fund

[page 2 of 3, unnumbered] COPY

Gift Feb 03, 1998 Self $3,500.00 1998 Foundation Annual Camp. Presidents Fund

Gift Apr 25, 1997 Self $3,500.00 1997 Foundation Annual Camp. Presidents Fund

Gift Apr 25, 1996 Self $3,500.00 1996 Foundation Annual Camp. Presidents Fund

Gift Apr 25, 1995 Self $3,500.00 1995 Foundation Annual Camp. Presidents Fund

Gift Apr 22, 1994 Self $3,500.00 1994 Foundation Annual Camp. Presidents Fund

Gift Apr 23, 1993 Self $3,500.00 1993 Foundation Annual Camp. Presidents Fund

Gift Apr 06, 1992 Self $3,500.00 1992 Foundation Annual Camp. Presidents Fund

Gift Apr 18, 1991 Self $3,500.00 1991 Foundation Annual Camp. Presidents Fund

Gift Apr 20, 1990 Self $3,500.00 1990 Foundation Annual Camp. Presidents Fund

Gift Apr 20, 1989 Self $3,500.00 1989 Annual Campaign Presidents Fund

[page 3 of 3, unnumbered] COPY

Gift Jun 12, 2009 Soft $3,250.00 2009 Foundation Annual Fund UCM Maastricht Medallion International Award Fac Staff

    $3,250.00 2009 Foundation Annual Fund UCM Maastricht Medallion International Award for Stude

Gift May 30, 1997 Self $5,000.00 1998 Foundation Annual Camp. Ardon-Doron International Scholarship

Gift May 13, 1997 Self $100,000.00 1997 Foundation Annual Camp. Miscellaneous Restricted

Gift Dec 16, 1996 Self $100,000.00 1997 Foundation Annual Camp. Miscellaneous Restricted

Gift May 03, 1996 Self $100,000.00 1996 Foundation Annual Camp. Miscellaneous Restricted

Gift Nov 03, 1995 Self $5,000.00 1996 Foundation Annual Camp. Ardon-Doron International Scholarship

Gift Apr 27, 1994 Self $5,000.00 1994 Foundation Annual Camp. Ardon-Doron International Scholarship

Gift Jun 29, 1992 Self $5,000.00 1992 Foundation Annual Camp. Ardon-Doron International Scholarship

Gift Jun 30, 1990 Self $250.00 1992 Foundation Annual Camp. Special Scholarships

[emphasis in originals]

Now that the Board of Governors and the Foundation, through its action in releasing that information to an “outside individual or entity”, have opened this Pandora’s box, we have an idea of others’ gift history we’d like to acquire. We’re making a list.

Our previous coverage of the issue:

Three steps behind, and to the right (January 25, 2008)

Three steps behind, and to the right, part 2 – a microcosm of our universe (September 21, 2009)

“A Gentleman’s Agreement”? (October 15, 2009) (transcript of a portion of the live radio broadcast)

It wasn’t just about a tree (October 21, 2009)

“A Gentleman’s Agreement?”: I heard it on the radio (October 21, 2009)

“A Gentleman’s Agreement?”: let’s not get cut out of the will (October 22, 2009)

“A Gentleman’s Agreement?”: $87.75 will get you one sheet of paper (October 23, 2009)



“A Gentleman’s Agreement?”: They’re not playing hardball, they’re playing cat and mouse
 (October 23, 2009)

“A Gentleman’s Agreement?”: a cola and some scoreboards (October 24, 2009)

“A Gentleman’s Agreement?”: a few more pieces of the puzzle? (October 28, 2009)

“A Gentleman’s Agreement”?: your silence means consent (October 29, 2009)

“A Gentleman’s Agreement”?: let’s not get cut out of the will, part 2 (October 30, 2009)

Old media irony impairment (October 30, 2009)

“A Gentleman’s Agreement?”: I heard it on the radio, part 2 (October 31, 2009)

“A Gentleman’s Agreement”?: where everybody knows your name (October 31, 2009)

Methinks that someone is paying attention! (November 2, 2009)

“A Gentleman’s Agreement”?: Bond, Stadium Bond (November 4, 2009)

“A Gentleman’s Agreement”?: where everybody knows your name, part 2 (November 4, 2009)

“A Gentleman’s Agreement”?: I heard it on the radio, part 3 (November 5, 2009)

“A Gentleman’s Agreement”?: nothing succeeds like success (November 6, 2009)

“A Gentleman’s Agreement”?: your Friday news dump (November 6, 2009)

“A Gentleman’s Agreement”?: nothing exceeds like excess (November 7, 2009)

“A Gentleman’s Agreement”?: a grade for Accounting 101 (November 7, 2009)

“A Gentleman’s Agreement”?: there ought to be a law (November 8, 2009)

“A Gentleman’s Agreement”?: there’s gotta be a contract around here somewhere (November 9, 2009)

“A Gentleman’s Agreement”?: there ought to be a law, part 2 (November 10, 2009)

“A Gentleman’s Agreement”?: Garbo speaks! (November 12, 2009)

“A Gentleman’s Agreement”?: the Kansas City Jewish Chronicle (November 13, 2009)

“A Gentleman’s Agreement”? Follow the money and it reveals the timeline (November 14, 2009)

“A Gentleman’s Agreement”?: the new president search consulting contract (November 18, 2009)

“A Gentleman’s Agreement”?: a march on a cold and rainy day (November 18, 2009)

“A Gentleman’s Agreement”?: raise their voices (November 19, 2009)

“A Gentleman’s Agreement”?: great moments in radio reporting (November 21, 2009)

“A Gentleman’s Agreement”?: Oh, my! (December 3, 2009)

“A Gentleman’s Agreement”?: It’s simple, really… (December 5, 2009)

“A Gentleman’s Agreement”?: I do truly care about the success of our students (December 6, 2009)

“A Gentleman’s Agreement”?: “…a wonderful relationship there we’re really proud of…” (December 7, 2009)

Oh brother, it’s time to convene another panel on blogger ethics… (December 8, 2009)

“A Gentleman’s Agreement”?: a lesson on how not to attempt damage control (January 26, 2010)

“A Gentleman’s Agreement”?: a lesson on how not to attempt damage control, part 2 (January 28, 2010)

“A Gentleman’s Agreement”?: welcome to the party… (February 1, 2010)

“A Gentleman’s Agreement”?: welcome to the party, four months late, part 2 (February 2, 2010)

“A Gentleman’s Agreement”?: those people from Denmark, you know, the Dutch (February 3, 2010)

“A Gentleman’s Agreement”?: a conversation with the Muleskinner (February 6, 2010)

“A Gentleman’s Agreement”?: a simple question (February 8, 2010)

Find the Non-Employee Game! (February 8, 2010)(NYCMule)

“A Gentleman’s Agreement”?: a different choice of phrase would have made it all better (February 11, 2010)

“A Gentleman’s Agreement”?: never mind the facts, here’s right wingnut talk radio (February 13, 2010)

“A Gentleman’s Agreement”?: and we should give weight to your opinion… (February 18, 2010)

“A Gentleman’s Agreement”?: fools for spin (February 20, 2010)

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