REPUBLICANS ARE TOO CLEVER FOR THEIR OWN (AND OUR) GOOD

Over the next year, meaningful job creation does not lie within the power of Washington to fix. On the other hand, stemming the tide of additional job destruction does. Through the next presidential election, Obama’s jobs proposals, if passed, would have minimal effect on the unemployment rate.  This economy and its financial system are too large and too sick.  Time takes time, to unwind the credit and housing bubbles and heal the massive disruptions that have taken place.  

Conversely, the President’s proposals would provide a backstop against further job destruction, mostly in the state and local public sectors.  It would keep us from a double-dip recession.  It would permit those who remain employed to unwind their debt and provide some level of spending and demand for goods and services.

Conservatives may revel in the fact that their elected representatives are giving the President no rope to implement his jobs plan.  My view is that if conservatives were sure of their fiscal and monetary policy positions they would give Obama at least half the rope he is asking for, kicking and screaming to be sure, and let him hang his presidency.  If a second recession is avoided they can continue to hammer Obama with the high unemployment rate.  If the plan fails and we re-enter recession the Obama reelection would be dead on arrival.

This “I told you so” and “win-win” scenario for republicans will not happen because they want the economy to get worse and will take no bi-partisan action of any kind.  Apparently they believe if millions more must lose their jobs, so be it.  The irony is that without permitting a jobs plan republicans have bought responsibility for the inevitable job destruction and probable recession that will follow.

MY TAKE ON WASHINGTON PROTHONOTARY, DA & JUDICIAL ELECTIONS

The upcoming Washington County general election has a profound effect on my profession as an attorney.  The Prothonotary’s office because of its obscure name is the stuff of bad jokes and funny political cartoons.  Perhaps one out of 25 voters can tell you where to find the office or explain what it does.  Yet, in the legal community, this office is the procedural hub for every civil document we prepare and file.  Lawyers need a Prothonotary’s Office that is accessible, informative, friendly and professional.  In my experience, Washington County has one of the best in Southwestern Pennsylvania, under the auspices of Phyllis Matheny.  The office certainly does not require new leadership from a career politician looking to upgrade his take from the public watering hole or to advance his political standing.

            The District Attorney’s office, on the other hand, does require the proverbial “rearranging of the furniture.”  The office needs a stable long term professional DA, with extensive knowledge of criminal law and administration, who is not part of the existing regime.  The new DA must look under every rock (and desk) to determine the most effective and efficient way to run the office.  The candidate who deserves your support must keep the office transparent, free from political decision making and provide the public with dedication to “best practices” not “doing it the old way.”  I believe that David Dicarlo is the candidate who will bring sunlight and a broom to the office of District Attorney.

Lastly, is the race for Judge, Court of Common Pleas. Much of my practice is in family law.  My bias is for the candidate with a strong background in domestic relations law.  More citizens come into contact with the court through family and juvenile cases than any other area.  As the former Administrator of the Allegheny County Family Court, I would like to see a newly elected judge willing to make a career managing family law cases.  I believe that Gary Gillman is such a candidate.  He has the knowledge and energy to put programs in place in family court that will be well received by lawyers and the public.  He has the commitment to stay in family court to make sure there is consistency and longevity.

While I do not serve on the committees of any of the above candidates, I have contributed to their campaigns. No need to take my word on any of the above.  Simply ask any lawyer who practices in Washington County.  After all, the court house is where we work and we really do want the best for all of us.

THE POST LABOR DAY ECONOMY

Labor Day is behind us, the President’s employment speech is Thursday and electioneering is everywhere.  For anyone who has followed the excellent political and economic commentary over the long holiday weekend, three infallible points have emerged.

            First, the path for Obama to reelection is to improve the economy by lowering unemployment and returning the limping middle class to some semblance of health, in a world where easy credit and inflated housing no longer exist.  Conversely, those republicans focused only on politics rather than recovery, believe they cannot win in 2012 unless the President’s rescue mission is defeated and the middle class is placed on life support over the next 12 months.

            The second point is that, in the short run, the country cannot pursue immediate federal austerity measures through deficit reduction and expect to achieve any job creation.  Cutting off the limping unemployed worker’s leg is the quickest path to life support rather than full employment. Moreover, deficit surgery now, will guarantee that the middle class remains disabled and a ward of the government for years to come.

            The last point is that there is a middle road, where both political parties can act responsibly in the face of economic crisis and take the health of the middle class off the operating table.  The President and democrats must agree to long term deficit reduction efforts that are not smoke and mirrors.  Further, to kick start the economy, business, industrial and environmental regulations must be muted or deferred until we are running on all cylinders.  Any business activity that is likely to create jobs must be offered a tax break.

            For their part, Republicans must agree to short term federal spending for any program that will allow the middle class to keep buying goods and services on the one hand while creating jobs on the other.  They must agree to an immediate tax on the income, capital gains and inheritances of the wealthy.  Republicans will find that the sick and suffering 95% of Americans will thank them for calling on the 5% who hold most of the wealth, to contribute their fair share.  Moreover, the wealthy realize more than anyone that a rising tide lifts all boats and that this economy is threatening to beach their yachts.

            In this economic crisis, the United States has advantages and paths to recovery not available to other developed countries.  All we need is the political will to use them.

THE STATE OF THE UNION

In the coming months, a number of our citizens who are not ideologues will take the time to reflect on their body politic over the past 2 ½ years.  These reflective voters, also known as rational readers, practical thinkers, centralists and Independents, will cancel out the political noise from progressives who expect more socialism from their President and tea party conservatives who want more individual liberty.  Those who do their homework and examine the record with an open mind will discover something encouraging about the state of the union.

They will find that since president Obama took office, our nation has made significant progress on domestic issues.  The Supreme Court has welcomed two new constitutional scholars who will hold the high ground against the Court’s conservative cabal for the next half century. The President’s economic policy has permitted the credit bubble to unwind in a measured fashion, while avoiding a second great depression. (As a stark contrast, austerity measures and bank band aids are crumbling the EU, and causing riots in Britain) The military, industrial and financial complex has been reined in by responsible cabinet members, regulation and legislation. Notwithstanding lagging revenue and high unemployment, our social obligations to students, the disabled, and the elderly have not been thrown under the bus and universal health care is a reality.

On the political front, Obama’s move from transformative candidate to transactional president has been marked by negotiation and compromise rather than ideological rants.  In this regard he reminds me of Regan and Clinton, who each in their own way knew it was their duty to serve all the people, not their ideological base.  This is not to say that the President’s election has not been transformative.  The pride of Afro Americans and other minorities is palatable.  Recognition of gay rights has exploded.  The youth of the world view the United States with its urbane President in a new and positive light.

On International policy, Obama’s approach differs from the previous neo cons in significant respects.  The President is carefully moving the country away from the war on terror, toward a domestic terror policy, where it belongs.  His administration knows that the Muslim kinship cultures of Southeast Asia and North Africa are not prepared to follow a western model to modernity and democracy.  Better to euthanize Al Qaeda, prepare a level playing field and get out of the way.  The president has treated other western nations with respect, while insisting that they contribute their fair share in policing the world’s trouble spots.

One could easily argue that most of the past 2 ½ years have centered on unwinding the mistakes of the previous administration in the wake of tumultuous new problems.  Unfortunately the former Bush mistakes have exasperated the new problems.  A careful analysis will show that the question to ask ourselves is not “how much worse off are we” but rather “where would we be, but for the actions taken.”  In the face of such an economic and international political tsunami, a defensive step backward is always better than drowning in the backwater.

ALASKA

But for a cheerful displaced cousin who urged us to visit, our vacation plans would never have included an overland trip through Anchorage, Seward and Denali Alaska.  After all, this is the State that elected Sarah Palin and all I could envision was a right wing gun culture that would make my trip unpalatable.  

My perception was wrong.  Alaskans are as diverse and outgoing as any place I have visited. This is the mysterious land of the June midnight sun, which only a few weeks later in August, is struck with the first “termination dust”, signaling a short fall and long winter.  This is a vast land where planes (big & small), trains, boats, buses and automobiles all come into play to transport natives and travelers into various venues, spread far apart. 

Alaska’s largest city, Anchorage provided our starting point and the first view of snow capped peaks.  A friendly place with a small town feel, Anchorage is just perfect for adjusting to the four hour time difference.  We took in two wonderful museums and a large weekend farmer’s and native craft market with even a booth supporting the Alaskan comic strip “Tundra”.  We began immediately to feast on “just off the boat” salmon and haddock, along with caribou. Occasional taxi and foot power are all you need for this easy to navigate town. 

We rented a car for three days to enjoy the trip to Seward on one of the world’s most scenic routes.  This is an easy four hour drive that passes Alaska’s major ski resort, Alyeska, a great place for lunch. Another stop is the Conservation Center at Portage, featuring Alaska’s big five: wolves, brown bear, caribou, moose and dall sheep.  There are also wood buffalo and musk ox reclamation projects on view.

 Seward is a charming fishing town that houses an aquarium featuring local aquatic life.  It is also the departure for an all day boating adventure in the bay, viewing sea life and calving glaciers.  We saw humpback and orca whales, sea otter, seals, bald eagles, puffins, dauphins and other unique nesting birds.  Shopping and restaurants abound in Seward. On the way back to Anchorage, we spent several hours at the Exit Glacier, which requires a fifteen minute walk and a fully charged camera.  Black bear and moose are commonly seen on this easy trek.

 Many travelers like us return to their anchor hotel in Anchorage to reboot for another phase of the trip.  This is great for checking luggage and dirty laundry you don’t need.  Early the next morning we caught our tour operator’s express bus for Denali National Park.  We elected not to stay at the Gateway of the Park and transferred immediately into a second bus to head for our back country lodge.  The lodges are not supported by the National Park Service and are privately owned.  The lodges are not inexpensive at $400.00 per person per night, but offer an incredible wildlife and landscape viewing experience.  No internet, phone or television service is available in the middle of Denali National Park.

The buses run by the private lodges are more comfortable and less crowded than the public Park Service buses.  They provide the opportunity to meet your lodge mates, from around the world, and facilitate viewing space and photography.  The drivers double as spotters and guides.  The ninety mile six hour ride is not quite as eventful as the African Serengeti, but provides some of the best wildlife viewing in North America.  On our trip in and out, we saw many brown bear, dall sheep and caribou, one moose and no wolf.  We were treated to 15 minutes of a stalking lynx and a brown bear sleeping on a stone covered caribou carcass that provided some of our best photographs.

The highlight of Denali is of course Denali Mountain (Mt. McKinley) the “great one.”  The highest peak in North America sits at the end of the Alaskan Chain, thirty miles from the back country lodges.  If the timing and weather cooperate, the sight from base to peak is magnificent.  We saw the mountain in its full glory on two of our three days.  My wife took a small plane to photograph the peak on the third day, when clouds obscured the view.

Activities at the lodges are numerous including morning and afternoon hikes, fishing, panning for gold (not a bad choice in this economy) and nature and history talks.  One morning we shed all of our layers as the temperature reached 70.  The next we were in the alpine tundra on a ridge above the lodge in a snow storm.  The grub is family style and wholesome.

At the end of our lodge experience, we returned to the park Gateway and boarded the Alaskan Railway for the return trip to Anchorage. The first class excursion cars offer glass dome viewing, standing platforms for photography and dining cars.  We saw numerous bald eagles, tundra swan, sand hill cranes, and glimpses of moose.  Again, the scenery was breathtaking.

We talked to other travelers who planned quite different itineraries, including extended cruises, small plane trips to view brown bear catching salmon, and of course fishing trips into the interior.  Small children and families appeared to be having the time of their lives. 

The overriding social perspective I took away from our experience was the conservation mindset of the Alaskan people.  It reminded me that like Teddy Roosevelt, who started our National Park system, outdoorsmen, fisherman and hunters have often led the call for preservation in our country.  Many of the eco systems are unique and fragile.  Alaskans want the lower 48 to know that saving the tundra, glaciers and salmon runs are of utmost importance.

 One can only guess why Sarah Palin is leaving this beautiful State for Arizona. The locals did not seem to mind my Obama 2012 button or her departure one bit. Take my word for it.  Put Alaska on your short list.

CONSERVATIVE ATTACKS ON LIBERAL ARTS

I have never been comfortable with anyone who believes that all the answers to moral, spiritual, economic, or political questions, can be found in one book.  Whether the book is the Bible, the Koran, Das Kapital, Atlas Shrugged or Alcoholics Anonymous, one book fundamentalism has always struck me as narrow and dangerous to the social discourse.

 I am not saying that one book can’t change someone’s life for the better, or form the basis for a positive belief system.  My point is that a “one book fits all” view of the world, taken to the extreme, results in the Italian “bonfire of the vanities” or totalitarian book burnings.  At the less extreme, a “one book” outlook makes the world appear much less complex than it really is and encourages non yielding dogma rather than rational discussion.

With these dangers of narrow mindedness, my liberal antenna has been vibrating over recently published conservative attacks on the benefits of a liberal arts education.  John Stossel argues in an ob-ed piece:  “We don’t know if students learn anything during their college years.  Do kids learn anything at Harvard?”  These attacks use the economic recession as camouflage to suggest that a liberal arts education is too expensive, benefits only the liberal ivory towers and will not produce a job following graduation.  After all, Gates & Zuckerberg dropped out of college and made billions.  Why pay for expensive professors teaching obscure topics, when an internet degree can spew practical information at much lower cost?

 Dig deeper and you realize something more sinister is at work.  John Stossel graduated from Princeton with a BA in Physiology.   He knows that billionaire college dropouts are one in a billion.  Conservative commentators would much prefer a “one book fits all” technician or a Sarah Palin clone to a liberal arts graduate. The latter has developed strength of mind and an ordered intellect by being exposed to comparative classes in religion, economics, political systems and philosophy. Not a good candidate for Glenn Beck.

Among other benefits, a liberal arts education encourages students to think for themselves.  The diverse body of knowledge gained from a four year institution, together with the tools of examination and analysis, enables our youth to develop their own opinions, attitudes, values, and beliefs.  This system is based not upon ignorance, whim, or prejudice, but upon their own worthy apprehension, examination, and evaluation of argument and evidence.  Rather than the passive recipient of a hundred boring facts on the internet, a liberal arts education permits one to see the relationship between ideas and subject areas.

During this recession we may well end up with 80,000 bartenders with liberal arts degrees.  The recession will soon be over and these students will fan out over our enterprises to make us all proud.  They will be our best parents, physicians, poets, plumbers, lawyers, journalists, engineers, electricians and political philosophers, both liberal and conservative. We will be much better off than having 80,000 working technicians with internet degrees who believe the answer to the world’s problems can be found in one book.

           

REAL ESTATE REASSESSMENT

I must respectfully disagree with the O-R editorial of 7/3/11 which took the position that the recent legislative moratorium on property tax reassessment earned lawmakers applause for their action. I find their efforts not only unconstitutional, in applying only to Washington County (by violating the Uniformity Clause of the Pennsylvania Constitution) but also patently unjust in that the law perpetuates the blatant unfairness of property taxes in our county and in our state.

Both Judge Wettick, in Allegheny County and the Pennsylvania Supreme Court have held that application of the base year assessment system (as employed in Washington County) results in such disparate treatment of the county’s taxpayers as to again, violate the Uniformity Clause. Accordingly, we have a constitutionally unsound law put in place to avoid coming to terms with a constitutionally unsound practice that happens to be one of the greatest tax inequities of our time.

I would be the first to admit that the finer points of tax assessment reform require some thought and research on the part of the average citizen.  The Judge Wettick and Supreme Court opinions are lengthy and difficult enough for a seasoned lawyer to follow.  In a nutshell, local Judges, like our own President Judge are compelled to follow the Supreme Court directive.  When a taxpayer or taxing body brings an action, the Judge must direct county government to begin reassessment. The Commissioners of numerous counties, including Washington, are waiting for legislative reform or for our Supreme Court to revisit and expand its opinion and establish a test for fair reassessments that will apply equally to all counties. The Supreme Court has hinted it might do so, but believes it is preferable for the general assembly to address fundamental matters of taxation. Our valiant lawmakers prefer to get reelected rather than have their voters receive a reassessment notice that justly values their property.  Unconstitutional moratoriums they can deal with, fixing property taxes they cannot.

In the middle of this game of political musical chairs the poor and elderly citizens of Washington County continue to pay property taxes that are too high.  Base Year Assessments always discriminate against owners of property in lower value neighborhoods. 

There are two well worn arguments against taking the just action of reforming property tax law.  Both inflame the public, attempt to throw cost in front of basic equality and are misunderstood.  The first is that taxes will go up and municipalities and school districts will receive a windfall.  It is true that many assessments will be higher.  It is also true, for many less fortunate citizens, assessments will be lower.  But before an actual tax increase, the higher assessment will have to be higher than the average county wide increase.  If the average County increase is 10% and a property owner’s assessment is only 8% higher, no tax increase.  Regarding revenue windfalls, there are already state laws in place to limit municipalities and school districts from unfairly raising taxes after a reassessment.  In some jurisdictions, like Allegheny County, the results of reassessment must be revenue neutral.  This means that the total amount of money school districts and municipalities collect at current tax rates cannot increase when new assessed values are assigned.

The second misunderstood issue is the cost of reassessment projects to the Counties.  We should first ask ourselves whether this expense should be assumed by state government.  This would assure uniformity and save money overall by not duplicating services.  If the state falls down and punts this responsibility to the counties, there will be significant upfront expenses to put a system in place. Assessment appeals will initially be high.  However, once the system is up and running, both costs and legal challenges will decrease.

Other states have bit the bullet and developed equitable taxing plans.  Pennsylvania can save time and expenses by studying these systems.  What Pennsylvania cannot afford to do is perpetuate an archaic, unjust taxing scheme that violates its own constitution.