Saturday, May 25, 2024

Washington County’s Republican commissioners avoid elections forum


On May 14, the Washington County Bar Association, along with several other organizations, sponsored a well-attended public forum at the Hilton Garden Inn at Southpointe. The program focused on state and local elections and voting rights. The diverse audience included advocates for expanding voting rights, local Republican election deniers, and concerned citizens seeking information on local elections.

The nonpartisan panel was to include former Gov. Tom Corbett; Tim Lewis, a retired Republican federal judge from Western Pennsylvania; Ron Beecher, the deputy director of the Pennsylvania Department of State who oversees elections; and all three Washington County commissioners. Jon Delano, the politics reporter for KDKA-TV, was the moderator.

Five hours before the event, however, the Republican Washington County commissioners, Nick Sherman and Electra Janis, notified the organizers that, on the advice of the county solicitor, they would not participate in the forum or permit Melanie Ostrander, the county’s elections director to attend. The Democratic commissioner, Larry Maggi, attended, along with the other invitees. They provided valuable information. Bracken Burns, a former Washington County commissioner, was sitting next to me when the no-shows were announced. He leaned over and whispered, “In 16 years as commissioner, I never checked with my solicitor before attending a public meeting!”

 Before addressing the absent commissioners, a few observations about the excellent program are helpful. Corbett and Lewis are members of a nonprofit civic education organization Keep Our Republic. Their work “is focused on unconventional threats facing our election system and on ways to help strengthen trust in our electoral system.”

The panel wanted the audience to leave the forum with two important thoughts. First was the need to educate the voting public on our state and local election systems. This includes how they are organized, why they are secure and deserve our trust, and the importance of volunteers to work on polling places.

The second point was the value of evidence when investigating voter fraud. The panel responded to questions from local election deniers who raised conspiracy theories. The panel explained that all Pennsylvania fraud claims were thoroughly investigated. No evidence of tampering has been uncovered.

Sherman and Janis did not attend this timely community forum because of possible litigation over their decision to terminate a voter’s right to correct a mail-in ballot if it contains clerical errors. Advocates for voting rights want them to return to the prior system and permit the correction of ballots.  Some local Republicans applaud their decision. Other voters want to know the reason for the change in procedure.

In my opinion, as a lawyer for over 45 years, invoking “advice of counsel” not to attend this important public discussion was an ill-advised decision. The Republican commissioners could have participated and declined to answer questions on their vote to prohibit ballot corrections. Most of the program discussed election issues in Washington County that had nothing to do with mail-in ballots.

Republicans have controlled the elections board for over four years. Presumably, Sherman and Janis could provide positive information on the well-run elections under their watch. By not attending, the local elections process remained clouded and subject to ongoing conspiracy theories.

The forum members explained that each county board of elections has broad authority to set their own procedures within the parameters of state election law. Ostrander, who was denied permission to attend the forum, illustrates the confusion that requires official explanation. In 2022, she explained to Votebeat Pennsylvania, “When we’re dealing with election deniers, they will say ‘Well I talked to so-and so in such county and that is not how they do it’ and they would say ‘Well, you are breaking the law.’ Election officials are not making up rules as we go along.” 

Failure to show up because of a possible lawsuit challenging the decision on mail-in ballots made little sense. The four largest counties in Pennsylvania, along with many others, support the rights of voters and permit mail-in ballot corrections. Other counties that seek to limit acceptance of mail-in ballots agree with Sherman and Janis. There is no final legal decision, and both procedures are allowed.

All across the commonwealth, Republicans are suing commissioners who permit the correction of ballots, and Democrats are suing commissioners who do not. David Ball, the former chairman of the Washington County Republican Party, appears as a plaintiff on lawsuits in state and federal courts suing counties that have adopted expanded voting rights procedures.

A possible lawsuit is no reason to deny voters the opportunity to question their elected officials about voting procedures in Washington County. The decision of Sherman and Janis not to attend was a cop-out that flies in the face of transparency and good government.

To add insult to injury, Sherman’s official explanation for his vote to prohibit mail-in ballot correction is misleading at best. He states, “The county will continue to follow the state law and the ruling of the Third Circuit.” As explained above, there is no definitive state law on correcting mail-in ballots. The recent Third Circuit opinion deals with dating a mail-in ballot, not corrections to one.

 A more reasonable explanation for not attending the public forum is that Sherman and Janis support the suppression of mail-in votes and were afraid to show up and say so.

Interested readers can obtain a wealth of information on Pennsylvania elections by visiting keepourrepublic.org and vote.pa.gov. 

 

Saturday, May 18, 2024

ALLEGHENY COUNTY DESERVES OUR ATTENTION

   

When I moved to Washington from Allegheny County over twenty years ago, I would often comment on how things were done differently by our northern big brother. I quickly learned that such advice was unwanted. The local political and legal communities were opposed to an implant from Allegheny County making suggestions. Washington County has always valued its independence.

The discourse on how the two counties differ continues full throttle today. The Washington County Republican Party often uses the progressive political and social programs in Allegheny to provide contrast with the conservative political climate in Washington. By local Republican reckoning, a short thirty-minute drive down Interstate 79 permits a family to escape the out-of- control taxes, crime, and “socialist” governments of Pittsburgh and Allegheny.

In reality, the importance of Allegheny County to the surrounding communities cannot be overstated. Allegheny is the second-most populated county in Pennsylvania. The Pittsburgh International Airport connects the region to the world. Allegheny County is home to three major universities. It is a major media market and the economic engine for all of Western Pennsylvania. Pittsburgh is the home of several major sports franchises and year-round cultural events.

Local Allegheny County detractors want to share in these benefits while complaining about the issues faced by a more populated urban area. I do not know of many Washington residents moving to communities that are more rural to escape the opportunities made possible by Allegheny County.

Allegheny County is now undergoing major transformations, and Washington County should pay attention. If Allegheny catches an economic cold, the surrounding counties will be sneezing in no time.

The Missing Office Workers. The pandemic had a profound effect on office space in major urban areas, and Allegheny County was no exception. Thousands of employees learned the benefits of working from home. They convinced their employers to adopt hybrid work models that require less office space.

Major corporations and other users of downtown Pittsburgh’s offices have not renewed leases, and there is a glut of unused space. According to the Pittsburgh Post-Gazette (the PG), “As of April 3, 2024, 17 tenants have moved out of downtown Pittsburgh since 2020, while only eight have moved in.” Pittsburgh is considering tax abatement plans to encourage conversion of downtown office buildings.

Ironically, Pittsburgh is not becoming a ghost town. Everywhere you look, new residential buildings are springing up. The area surrounding downtown is transitioning from its traditional role as a business and office center into a residential and entertainment district. According to TribLIVE, “National retailers such as Target have moved in downtown and are exceeding sales predictions, and a slew of development projects are in the pipeline.” The final enticement is the vibrant restaurant scene, where every type of cuisine is represented.

In Washington County, Southpointe has also suffered from lost office workers.  Range Resources, the anchor of this Washington industrial park, recently announced it is seeking a new campus with less office space. Previously, Crown Castle, which has one of the largest workforces in Washington County, announced plans to leave Southpointe. As of March 13, there were 75 listings for lease in the 15317 zip code. Unfortunately, Southpointe cannot as easily reinvent itself as sections of Pittsburgh have accomplished.

The Crumbling Tax Base. A major issue facing Allegheny County is its disappearing tax base as the empty downtown office buildings are reassessed at lower values. The PG recently reported that overall reductions “will reach a half-billion dollars before all is said and done…. School district officials have estimated that they could lose $6.7 million in tax revenue and potentially pay out $13.4 million in tax refunds for 2022 and 2023.”

The Pittsburgh Public Schools cannot afford refunds and lost revenue. The district has sued to force a countywide reassessment of all real estate. While no public official wants the expenses and voter pushback of a major property reassessment, the lawsuit will be successful because the existing system from 2012 is plagued with inequities. In addition, the Pittsburgh Mayor’s office is considering plans to tax non-profits to raise revenue.

Washington County is not yet in a crisis, but its last assessment was completed in 2015.  To avoid violation of the uniformity clause of the Pennsylvania Constitution, there should be a new assessment completed every three to four years.

Now is the time to reform reassessment. Washington should work with Allegheny and other counties to push for a state-mandated, regularly occurring reassessment process that avoids a major tax dilemma every few years.

A Tale of Two Cities. The cities of Washington and Pittsburgh have elected Black mayors for the first time in their histories. Both cities account for a large share of the minority population within their respective counties. Both cities struggle with inadequate tax bases compared to the much wealthier surrounding communities. Both cities provide a number of countywide services that are taken for granted by those living outside the city. Both cities will soon require financial assistance from their county at large, or the state, to remain viable.

It is true that the new progressive leadership in Allegheny County and Pittsburgh have placed a premium on programs to improve citizen equality over economic growth that only favors the wealthy. Washington’s conservative Republican commissioners have adopted the opposite priorities.

However, the two counties remain economically connected. We need to put politics aside and collaborate to improve the region.

 

Saturday, May 11, 2024

MAGA REPUBLICANS DO NOT UNDERSTAND HUNGARY


One interesting aspect of “Trump World” foreign policy has been its recent infatuation with all things related to the small Central European country of Hungary and its Prime Minister, Viktor Orbán. For example, on March 7, Trump invited Orbán to Mar-a-Lago for a well-publicized photo opportunity. A day earlier, Orbán visited the Heritage Foundation, a conservative think tank in Washington, for an event that was closed to the press.

Recently, MAGA Republicans like Arizona’s Representative Paul Gosar and former gubernatorial candidate Kari Lake traveled to Budapest for a conservative conference. Previously, numerous members of the far right media who support Trump, including former Fox News commentator, Tucker Carlson, made the pilgrimage to Hungary to interview the Prime Minister and to praise his achievements.

All of this attention on Hungary by Trump and MAGA Republicans has seemed a bit odd to me. If former Republican president Ronald Reagan were still alive, he would be vigorously denouncing the Hungarian leader. Since coming to power, Orbán has sought to turn Hungary into an intolerant nation. He has resisted the expansion of NATO and additional aid to Ukraine.

Orbán has faced criticism from the European Union for his efforts to undermine democracy in Hungary. His autocratic political machine has weakened the judiciary and stifled independent media. Orbán’s rewriting of the Hungarian constitution has rendered political opposition increasingly powerless. Most troubling to his western European neighbors, Orbán has continued to forge close ties with Russian President Vladimir Putin.

So why are MAGA Republicans so enamored with Orbán? For one thing, Orbán has praised Trump for his first term in office and called for his reelection. As North Korean Leader Kim Jong Un learned about Trump after their meeting in 2019, a few kind words (or love letters) go a long way in making a friend of the former president.

However, the major reason appears to be that MAGA holds up the Central European nation as a model of right-wing, anti-woke governance. Pro-Trump Republicans are envious of Hungary’s anti-immigration, anti-liberal, anti-LGBTQ rights government. They want to copy the blueprint Orbán   has employed to shape Hungary into a nation based on Christian Nationalism. MAGA believes that if Trump were to win a second term, groups like the Heritage Foundation, now preparing to pack the federal government with loyal Trump supporters, could use this technical, legalistic Orbán model to gut American democracy.

Segue to our recent trip to Europe, which began with four days in Budapest, the capital of Hungary. In my short visit to this beautiful city, what I learned from our guides, drivers, and other citizens was far from the picture painted by the Republican far right or from progressive pundits who tend to condemn the country.

First, Hungarians do not want to be identified with anything Russian or German. They are a self-described pessimistic people who had the misfortune to be on the losing side of two world wars. Both Russia and Germany used Hungary to advance their own political agendas with little respect for the people. Orbán may praise Russian president Putin, but the average Hungarian finds him despicable.

Second, important benefits for Hungarian citizens are decidedly socialist rather than MAGA. Our guide told us that there is free health care for all and that the medical system was more than adequate. Attendance at University is free. Young families receive substantial subsidized housing if they agree to have children. Employers often fund social welfare and cultural services to benefit employees and their families. These include free transportation to work, free work clothing, organized meals while at work, and even holiday resorts.

Third, Hungarians are proud of their cultural heritage and national identity. When we ate dinner in the famous Budapest Restaurant, Rosenstein’s, you could sense the deep appreciation for family and community. The recipes go back centuries and have stood the test of time. Hungarian is one of the most complicated languages in the world.  It is also deeply rooted in culture, history, and is a source of self-respect.

Fourth, I did not encounter a love for Orbán authoritarianism, but rather a rugged individualism that cares little about politics. Hungary is not a police state. Citizens are known to bend or ignore government regulations when convenient. Like the Dutch, the citizens pride themselves on ‘being blunt’ in conversation.

Fifth, like many small European Countries, Hungarians place a high value on education, the arts, music, theater, and literature. In Budapest, there are hundreds of cultural events each week. Certainly not the ideal lifestyle for a MAGA American who considers many cultural events as too progressive.

Sixth, Trump’s most overused campaign phrase these days refers to “Biden’s ridiculous electric vehicle debacle.” If the former president were to utter this phrase in Hungary, he would be considered mentally ill. The government supports the second highest growth of electric vehicles in Europe. Domestic demand is encouraged by giving owners of electric vehicles free parking in Budapest. The Hungarian government has provided grants to 2577 businesses to purchase electric vehicles. “Green” license plates promoting environmentally friendly transport are a mark of pride.

Our visit to Hungary taught me several valuable lessons. Most importantly, a nation’s political system does not define its people. Secondly, in order to appreciate the culture of a foreign country, study its history before you go. Lastly, if you are a MAGA Republican seeking to escape progressive America, Hungary will disappoint you.

 

 

 

 

 

 

 

Sunday, May 5, 2024

AN ORDINARY HOUSE IN AMSTERDAM


During our recent visit to Europe, we were privileged to experience some of its great cities and museums as well as spectacular scenery while traveling the Danube by riverboat. However, nothing prepared us for the emotional journey of walking through the Anne Frank House in the Netherlands.

The horrors of Nazi anti-Semitism have turned an ordinary house in Amsterdam into an extraordinary place to remember the past so as not to repeat it. The Anne Frank House is a museum with a story. As a visitor, you experience this story through quotes, photos, videos and original items. The atmosphere in the museum is authentic and subdued.

The Anne Frank House is a tribute to hope and resistance against evil. It is also a stark reminder of the inevitable end game of unchecked persecution and discrimination. Of the 150,000 Jews living in Netherlands at the start of WWII, 70 percent did not survive.

Each year, over a million visitors purchase timed tickets to enter the museum. The walk-through experience is enhanced by the preservation of many personal effects of the Frank family. The warehouse and offices of Anne’s father, Otto Frank, can be seen as you move from room to room learning about the German occupation of the Netherlands.  The account of Anne’s brief life, the world events that surrounded her and her family, and the writing of her diary are the themes presented in the small exhibition space.

The visit began with a chronology of photos, narrated by a young woman who could have been Anne’s older sister. She summarized the rise of Nazi Germany and its devastating effect on the Frank family. This was followed by a self-guided tour of the actual Frank House. The climax was the small “secret annex” where the family hid in silence from the Gestapo for two years. During the day, the Frank Family had to maintain complete silence, so workers in the building did not hear them. They had to refrain from speaking, running water, or flushing the toilet.

The holocaust was the systematic state-sponsored murder of six million European Jews by the Nazi regime and its collaborators. It took place throughout Europe between 1933 and 1945.  I have attended numerous holocaust exhibits and memorials including the National Holocaust Memorial Museum in Washington D.C. None of these much larger exhibits had the immediate emotional impact on me as the Anne Frank House.

The slaughter of six million people is almost beyond human comprehension. Most survivors of the death camps have now passed on. However, the brutal death of a bright, inquisitive young girl, who loved to document her experiences and thoughts in a diary, is personal and gut wrenching. Everyone can relate to a life full of promise cut short by evil. Like a famous painting, Anne’s home, hiding place and most of all her diary will live on forever.

Anne was born in Germany and was forced to leave her friends when Hitler came to power. The family relocated to Amsterdam where Anne’s father, Otto, founded a company that traded in pectin, a gelling agent for making jam. Before long, Anne felt comfortable in the Netherlands. She learned the language, made new friends, and went to a Dutch school near her home. Events took a turn for the worse on May 10, 1940.  The Nazis invaded the Netherlands, and the country quickly surrendered.

The German occupation began introducing laws and regulations that made the lives of Jews intolerable. All Jewish children were forced to attend separate Jewish schools, and Anne, again, was separated from her close friends. Rumors began circulating that all Jews would be deported from the Netherlands and forced into work camps. The Frank family concealed themselves in the secret annex with help from a few non-Jewish friends.

On her thirteenth birthday, just before the family went into hiding, Anne was given a diary. During the two years in the secret annex, Anne wrote about daily events, but also about her feelings and thoughts.  She wrote short stories, started on a novel, and copied passages from the books she read into her Book of Beautiful Sentences. Writing helped her pass the time and gave her purpose. 

Anne and the other people in hiding were discovered and arrested by police officers on August 4, 1944.  Anne and her sister contracted typhus in February 1945 and died in the Bergen-Belsen concentration camp.

Otto Frank was the only family member to survive the death camps. Without the Anne Frank diary and her father’s diligent efforts to publish it, the museum and its message would not exist. The Diary of a Young Woman has been published into more than seventy languages. Most versions are available in the museum gift shop. I have never read this famous book. The Anne Frank House Museum helped to correct this oversight by quoting liberally from her diary throughout the exhibits.

The popularity of the book inspired a 1955 play and a 1959 movie. The writing is often included on lists honoring the top books of the twentieth century.

As we toured Europe, there were no museums or exhibits commemorating Adolf Hitler, the writing of Mein Kampf, or the rise of Nazism. Instead, we have the hiding place and writings of a young girl to guarantee that her important story is preserved. In the words of Otto Frank, “To build up a future, you have to know the past.”