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More Controversies at Nevada DOC – Director Cox Resigns

More Controversies at Nevada DOC – Director Cox Resigns

In mid-September Nevada Governor, Brian Sandoval asked for the resignation of Gregg Cox, Director of the state Department of Corrections. The action was taken by the Governor because a report about prisoner shootings and abuses by staff in the state’s prisons was late.

The report completed by the Association of State Correctional Administrators was to be presented by Cox at a Tuesday meeting of the Board of Prison Commissioners, which the Governor is a part of.

The governor felt that it was time to move the department in a new direction,” according to a statement from Gov. Brian Sandoval’s office on the departure of Greg Cox. The corrections department is facing several lawsuits due to prison shootings in the past few years.

One incident at High Desert State Prison left inmate Carlos Manuel Perez Jr. dead. Sources say Perez was handcuffed when he was shot and killed, and accuse prison guards of creating a “gladiator-like scenario” by allowing inmate fights to go on before firing into the fray. It wasn’t revealed until four months afterward that Perez died from gunfire.

Earlier in 2013 Cox’s department came under fire for allowing the DOC’s prison industry program to be used by a private company, Alpine Steel and company owner, Randy Bulloch to use inmate labor – without paying them wages.

Alpine Steel owner, Randy Bulloch

Alpine had been able to avoid paying rent, utilities, inmate or staff labor wages for more than a year, running up a tab of nearly $500,000 – while Deputy Director Brian Connett of the NDOC Prison Industry, (Silver State Industries) – turned a blind eye upon the climbing debt, allowing Bulloch’s steel fabrication operation to continue virtually free of overhead, at taxpayer expense. Connett went so far as to approve Alpines new contract with the NDOC, failing to report the back debt owed while reporting Alpine had fulfilled all requirements under the expiring contract.

The facts surrounding the Alpine case began to emerge in late 2012 when steel companies started protesting to NDOC and legislative authorities arguing they were being unfairly forced to compete against a local company using inmate labor. Business owners asserted they had lost bids on projects and thus were unable to expand their businesses or hire more workers due to interference from Nevada’s prison industry operations.

Governor Sandoval eventually stepped in and ordered the closure of the Alpine operation following those complaints. The challenges centered upon unfair competition by a private company using inmate labor to reduce labor costs and thus underbid complainants for lucrative state and private contracts involving fabricated steel materials.

Alpine quickly paid over $78,000 in back wages owed to inmate workers. The NDOC entered into an agreement with Alpine to repay the state the remaining money owed for staff wages, utilities and lease of prison facilities. Surprisingly the agreement had no provision for Mr. Bulloch to be personally responsible for any of the accrued debt owed.

Within months Bulloch defaulted on the terms of the agreement and the state secured a judgment against Alpine for more than $400,000. Alpine also incurred state and federal tax liens for non-payment of income taxes. These totaled more than an additional $680,000.

The taxpayers have been left holding the bag…. As a result of this I think there is going to be a lot more oversight,” Nevada Assemblyman James Ohrenschall said in an interview on Vegas Inc. September 21, 2013. Mr. Ohrenschall is the former chairman of the Legislature’s Interim Finance Committee on Industrial Programs. At the time of that interview, the IFC Committee was meeting to investigate facts related to Alpine Steel that prompted his concerns.

Unfortunately Mr. Ohrenschall was too optimistic in his assessment of oversight, but his claim of “taxpayers have been left holding the bag” is still accurate. To date the state has been unable or unwilling to pursue collection of the nearly half million dollar debt owed to taxpayers by Bulloch and his company.

Though Bulloch voluntarily surrendered his contracting license to the Nevada Contractors Board in October 2013, saying he was closing down his business…Alpine Steel’a website remains open for business while the company owner continues to avoid paying the state any of the money owed taxpayers under the court ordered judgment. Additionally, along with the Alpine website still showing it is an active business, Mr. Bulloch is now selling structural steel and fabricated components as Hunt Steel, also in Las Vegas. Links to fabrication, etc. on the Alpine site, takes visitors to Bulloch’s Hunt Steel site.

Director Cox managed to retain his position after the Legislature enacted new revisions to existing Nevada law to prevent potential or new industry operators from starting up without posting a surety bond to guarantee payment of leases and utilities owed to the state. Known as Senate bill 478, this law also provides that the public be notified of any potential new prison industry proposals, to date there has been no such notice given to the public or possible competitors though there have been new industries proposed to the Interim Finance Committee on Industrial Programs.

Just prior to Cox taking over as Director in 2011 he was a Deputy Director when the prison industries “wrote off” more than $800,000 in outstanding noncollectable debt owed to the Prison Industry Program. With Alpine’s additional $428,000, Nevada taxpayers have lost more than $1.2 million dollars. The now pending lawsuits against the NDOC, it’s staff and officers, could result in another $1 million or more needed to settle inmate abuse and shooting claims and/or court judgments.

It appears Director Cox avoided one serious controversy involving a lack of transparency only to succumb to another controversy involving transparency before the same Board of Prison Commissioners that again, included Governor Sandoval.

ALEC’s Christmas Gift to All…

ALEC’s Christmas Gift to All…

by Bob Sloan

Below are links to many articles related to ALEC’s pursuit of oppressing votes, grabbing up all the public education dollars they can and in general advancing the conservative agenda through continuing meme…also included are letters and article opposing this agenda.  Many are letters to editors, opinion pieces by citizens now alerted to the presence and pursuits of ALEC and the SPN cabal…

Just let the sun shine on in

Now the Koch brothers are coming after my solar panels.

I had solar panels installed on the roof of our Washington, D.C. home this year. My household took advantage of a generous tax incentive from the District government and a creative leasing deal offered by the solar panel seller.

Our electric bills fell by at least a third. When people make this choice, the regional electric company grows less pressured to spend money to expand generating capacity and the installation business creates good local jobs. Customers who use solar energy also reduce carbon emissions.

What’s not to love?

According to the American Legislative Exchange Council, a conservative network better known as ALEC, our solar panels make us “free riders.” What?

ALEC Members won’t support democracy

It is fair to assume that America is host to an incredibly ignorant population who know very little about their government and how it affects their daily lives. That sad fact was exposed in a brilliant 2008 book revealing that only 20% of the population can name the three branches of government and 49% think a president has the authority to suspend the Constitution. However, the population’s ignorance of their government aside, it is highly probable that every American supports democracy; unless they are members of the American Legislative Exchange Council (ALEC). To Americans aware of ALEC and its intent to create a corporate oligarchy and privatized government, it is not surprising that if ALEC members were asked to sign a pledge to support democracy, they would refuse, and that is precisely what happened in a little-reported story last week.

Last Thursday while ALEC was holding its annual meeting in Washington D.C., a group of working family activists, AFSCME, the Postal Workers union (APWU), AFT, and Jobs with Justice appeared at the meeting and asked ALEC members to sign a pledge “upholding the will of the people and support democracy, or leave their states.” The people at ALEC’s meeting did not sign the pledge and corporate-controlled media did not report the event because a revelation that an organization dedicated to serving corporate interests represented by the Republican Party refusing to support democracy would not play well with the public. In fact, for about 30 years ALEC has quietly been dismantling America’s democracy while hiding in the shadows, and it is just recently that a very tiny minority of the population even know ALEC exists.

(In the following article ALEC acolyte, Sterling Beard accuses Michigan’s AFL-CIO President, Karla Swift of plagiarizing material in an anti-ALEC op-ed.  As most know “Tool kits” are a standard ALEC tool used to put out information to their supporters and encouraging those individuals and organizations to use the material to advance the agenda on specific issues.  Now that the same tactic is being used by their adversaries, ALEC and the RW crowd want to cry foul and accuse folks of plagiarism.  

Here is one current example of ALEC’s use of a “Tool Kit”… “State Budget Reform Toolkit“which has been used and promoted by the Reason Foundation, Heartland Institute, promoted by various SPN or conservative sites such as “State Budget Solutions” and circulated in conservative media outlets such as Louisiana’s “Pelican Post“.  The PP article was written by Fergus Hodgson who is the capitol bureau reporter with the Pelican Institute for Public Policy. which is a state think tank member of SPN, which is a private sector member of the American Legislative Exchange Council (ALEC). The Pelican Institute also has ties to ALEC through its annual Policy Orientation for the Louisiana Legislature of which ALEC is a sponsor.[2] ALEC members have also sat on policy panels at the event.[3]

Though this “State Budget Reform Toolkit” was written by and for ALEC, I’ve yet to see any claims that the Pelican Institute, Heartland or Reason have been accused of plagiarizing ALEC’s materials.  This allegation is simply the “Pot calling the Kettle”…)

Michigan AFL-CIO President Plagiarizes Anti-ALEC Op-Ed from Left-Wing Group’s Materials

Michigan AFL-CIO president Karla Swift heavily plagiarized her recent op-ed against the American Legislative Exchange Council (ALEC), lifting entire paragraphs from a “toolkit” created and distributed by the Center for Media and Democracy, a liberal nonprofit group that runs a website entirely devoted to trashing the group…

…Swift’s editorial lifts content from multiple sections of the anti-ALEC toolkit, copying several paragraphs verbatim. We have posted a copy of the toolkit here, with the plagiarized sections highlighted. In all, seven of the editorial’s twelve paragraphs are found in the toolkit. The editorial is part of the Detroit News’s “Labor Voices” feature, which has published pieces by Swift and three other labor leaders, including Teamsters president James Hoffa. The toolkit, dated December 2013, runs for 16 pages and encourages readers to “expose” the groups. 

Campaign finance: Support disclosure so we can follow the money

Yes, Montana Supreme Court Justice Mike McGrath, we need public disclosure of personal financial interest and those of their families.

Montana Supreme Court Justice James A. Rice, while a member of the Montana House of Representatives, was a member of the American Legislative Exchange Council. ALEC is a corporate bill mill; it is not just a lobby or a front group. It is much more powerful than that. Through ALEC, corporations hand state legislators their wish list to benefit their bottom line.

A new study by the Center for Public Integrity shows that outside spending groups, including nonprofits that do not disclose their donors and state-level super PACs, are funneling more and more money into state Supreme Court races. Out-of-state influence likely helped decide recent races in North Carolina, Iowa and Mississippi.

Our View: Things go worse with Koch

Isaiah J. Poole, the author of an op-ed in Thursday’s Standard-Times, brought attention to a well-financed movement that aims to remove economic incentives to put solar panels on a homeowner’s roof. (“National View: Let the solar shine in.”)

It makes reference to a report from a British newspaper, The Guardian, which was covering a Washington, D.C., policy summit of the American Legislative Exchange Council, or ALEC, in early December.

ALEC — which cleverly gets around lobbying rules by including right-wing members of Congress in its membership — “specializes in getting the right-wing agenda written into state laws,” according to Poole.

And according to The Guardian: “The group sponsored at least 77 energy bills in 34 states last year. The measures were aimed at opposing renewable energy standards, pushing through the Keystone XL pipeline project and barring oversight on fracking.”

Is Carbon Pricing a Diversion From the Real Story?

“One of the more solid tenets of Big Oil dogma has always been that carbon pricing, whether a straightforward tax or a market-based cap-and-trade system, is terrible and conservatives must stand in unison against it. Daily Caller reporter Michael Bastach, a former Koch Institute Intern, confirmed this recently: ‘This vote against a carbon tax in the (American Legislative Exchange Council) ALEC meeting in Chicago… comes after Republicans in both the House and the Senate voted unanimously against a carbon tax earlier this year’.”

Why Are the Franklin Center’s “Wisconsin Reporter” and “Watchdog.org” Attacking the John Doe?

The Franklin Center for Government & Public Integrity (through its Wisconsin Reporter and Watchdog.org websites) has aggressively attacked the “John Doe” probe into possible campaign finance violations during Wisconsin’s 2011 and 2012 recall elections. Its outlets have also published new information about the apparent targets of the investigation, but they have omitted an important detail: Franklin Center has close ties to individuals and groups that may be caught up in the John Doe.

Franklin Center in Your StateThe only name associated with the investigation, Eric O’Keefe, helped launch the Franklin Center’s operations in 2009, and his Sam Adams Alliance group provided the majority of its startup budget; O’Keefe has spoken publicly about being subpoenaed in his capacity as director of Wisconsin Club for Growth. Franklin Center’sDirector of Special Projects John Connors, and the Executive Assistant to the President Claire Milbrandt, also have close ties to a group reportedly involved in the John Doe probe. Its former Director of Operations and General Counsel, James Skyles, worked with another group active in the Wisconsin recalls…

…Wisconsin Reporter launched its “Wisconsin’s Secret War” series in October, citing unnamed sources to reveal that Wisconsin Club for Growth, Americans for Prosperity, and Republican Governors Association had received subpoenas, and describing details about “after-hours visits to homes and offices” and prosecutors’ “demands for phone, email and other records.” Thanks to those unnamed sources, Wisconsin Reporter had a new platform, and used it to recast the John Doe investigation as “an abuse of prosecutorial powers” with “the apparent goal of bringing down Gov. Scott Walker.” The Walker campaign and 28 other groups also reportedly received subpoenas. 

Paid via Card, Workers Feel Sting of Fees

A growing number of American workers are confronting a frustrating predicament on payday: to get their wages, they must first pay a fee.

For these largely hourly workers, paper paychecks and even direct deposit have been replaced by prepaid cards issued by their employers. Employees can use these cards, which work like debit cards, at an A.T.M. to withdraw their pay…

…But in the overwhelming majority of cases, using the card involves a fee. And those fees can quickly add up: one provider, for example, charges $1.75 to make a withdrawal from most A.T.M.’s, $2.95 for a paper statement and $6 to replace a card. Some users even have to pay $7 inactivity fees for not using their cards.

These fees can take such a big bite out of paychecks that some employees end up making less than the minimum wage once the charges are taken into account, according to interviews with consumer lawyers, employees, and state and federal regulators.

This comes full circle to ALEC and it’s member, VISA.  As documents acquired and published by Common Cause show, ALEC “untabled” their model legislation titled “Electronic Pay Choice Act” in 2010 at the request of VISA representative, Paul Russinoff.  This legislation allows banks and credit card companies to realize huge profits off of fees generated by workers using these payroll debit cards….thus the reason VISA rushed to untable this potential model legislation at ALEC’s December 2010 meeting.  As the Times’ article demonstrates, the legislation is making its way across the country through the efforts of ALEC and their SPN partners in crime.

Once adopted by ALEC the bill passed the private sector unanimously, and passed the public sector with two dissenting votes. Visa also paid to sponsor a workshop at that meeting.  Similar legislation has become law in around a dozen states, according to some estimates.

ALEC’s payroll card legislation, Big banks attack low income workers

A growing number of American workers are no longer given paper paychecks, instead are receiving prepaid cards issued by their employers. Employees can use these cards at an A.T.M. or merchant to withdraw pay.  This may sound convenient but the workers must pay fees to access their pay, and those fees can add up and be very hard on people who earn minimum wage or just above.  Here is an example of such a payroll card in this case a “Citi Payroll card” offered byHome Depot, (https://corporate.homedepot.com/Associates/Pay/Documents/CitiPayrollCard.pdf)…

Burton (IN-ALEC) – Conflict of interest, Nah!

STATEHOUSE (Indianapolis) — The American Legislative Exchange Council (ALEC) has appointed State Representative Woody Burton (R-Whiteland) as co-chairman of the Financial Services Subcommittee. This subcommittee is an advisory body to the larger Commerce, Insurance and Economic Development Task Force.
ALEC works at the state level to advance the fundamental principles of free-market enterprise, limited government and federalism. This is done through a nonpartisan public-private partnership of America’s state legislators, members of the private sector and the general public.
“I feel honored to have been appointed to this position and I look forward to working with Paul Russinoff of Visa, who serves as the private sector co-chair,” said Rep. Burton. “This subcommittee is open to all members of the larger task force but typically, the members who are most interested and knowledgeable will attend.”
The Financial Services Subcommittee deals with matters related to the financial industry and insurance with the intent to design national legislation.Some of the issues they have covered in the past include the Dodd-Frank Act, homeowners’ insurance and mortgage licensing reciprocity. 
Rep. Burton is Chairman of the Financial Institutions Committee in the Indiana House of Representatives. He also serves on the Insurance Committee.  He introduces and sponsors the model legislation and another ALEC member moves to propose a resolution in support of “Payroll Cards:”
“Resolution in Support of Payroll Cards” – by Ms. Kate Viar, VISA
Motion to adopt the model resolution as amended; passed the public sector unanimously; passed the private sector unanimously; Resolution Passed.
and the model bill is adopted by the full ALEC membership and sent out to state after state…
Shortly after ALEC’s adoption of the Electronic Pay Choice Act we had it in Indiana.  One of the more insidious uses of this legislation in Indiana is that it has been applied to citizens receiving unemployment and similar state benefits.  Already receiving less than 70% of their former salaries, those on unemployment receive their benefits via VISA cards, with accounts set up through PNC bank.  Those without checking accounts must take their benefits via these cards – and pay the additional ATM and withdrawal fees to the bank and in many cases to the state for “transaction fees”.

After a political setback in NC, ALEC retools assault on renewable energy

After turning back a political assault on its groundbreaking renewable energy law, North Carolina could soon be a proving ground for a new strategy in the corporate-led war on clean energy — this one targeting the fast-growing number of homeowners installing solar panels.

Like the last attack on the state’s renewables program, this one is led by the American Legislative Exchange Council, an influential group that brings together corporations and mostly Republican state lawmakers to advocate for business-friendly legislation — activity that has drawn charges of illegal lobbyingby the nonprofit. ALEC, whose corporate members include major coal and electric companies, has long fought environmental regulations and initiatives that encourage a shift to cleaner energy sources.

Nowhere has its efforts been more concerted in recent years than in North Carolina, which in 2007 became the first state in the coal-dependent Southeast to require investor-owned electric utilities to purchase or generate an increasing amount of energy from renewable sources…

PSC Again Hikes Georgia Power Rates, Declines on Solar Tax

ATLANTA — The Georgia Public Service Commission (PSC) voted unanimously Tuesday, December 17, 2013, to approve a compromise agreement between Georgia Power and the PSC staff.

As previously reported by Atlanta Progressive News, Georgia Power’s original request was for a rate increase of 1.46 billion dollars.  The original request also included a newly proposed “solar tax,” a special tax on customers who have solar panels; as well as an increase in the guaranteed profit to Georgia Power.

The PSC agreement cut the amount of the increase by 573 million dollars.  Now, Georgia’s 2.4 million residential and business ratepayers will pay an increase of 873 million dollars over the next three years.

Enchanted Ad Outpaces FedEx’s Adoption of Eco-Friendly Vehicles (NOTE: Fed Ex, UPS and Verizon are longtime members of ALEC…)

The shipping giant’s “Enchanted Forest” ad came out at the end of 2011, a playful episode about its aspirational seamlessness with nature. How close are those cartoon images to the real world? Judging by the actual adoption of alternative fuel transportation, less than idyllic.

FedEx drew widespread praise a decade ago when it unveiled a hybrid electric delivery truck and said it could replace its 30,000 diesel-burning vehicles in 10 years. In its most recent annual report, the delivery giant said its fleet includes 360 hybrid-electric and 165 full-electric trucks, or less than 1 percent of the now-54,100 ground vehicles in its FedEx Express division.

Other major fleet operators, from UPS to Verizon, have slowed their hybrid-vehicle deployments as well. Total sales of medium- and heavy-duty trucks in North America powered by hybrid, plug-in hybrid and battery electric technologies are projected to grow modestly from 1,800 vehicles in 2013 to nearly 13,000 in 2020, according to a report due out next month from Navigant Research…

League of Women voters to present program on ALEC, policy-making

The League of Women Voters of Central Yavapai County will present an educational opportunity on the American Legislative Exchange Council and Common Cause and their approaches to public policy making from 9 to 11:30 a.m. Saturday, Jan. 4, at Las Fuentes Resort Village, 1035 Scott Drive in Prescott…

Southern Republicans Drag the Rest of the Nation Down by Doing the Kochs’ Bidding

Even though conservatives and right-wing extremists tout America as an exceptional nation, it is fairly common knowledge there is nothing about this country that is exceptional except it has more guns and gun deaths, highest incarceration rate, food insecurity on par with Indonesia, highest first day infant mortality rate, infrastructure behind every developed country in the world, 33rd in life expectancy, highest percentage of adult-onset diabetes, 2nd highest child poverty rate, and the highest proportion of low-wage workers in the developed world. It is true America is the richest nation on Earth, but by every other measure America is a third-world nation…

…This is the nation Republicans built with money from the Koch brothers’ and Americans for Prosperity, American Legislative Exchange Council (ALEC), Heritage Foundation, Cato Institute, Club for Growth, and Wall Street that have spent the better part of two decades achieving the Koch brothers’ “vision of a transformed America.” The result of their transformation is increasing millions of Americans either wallowing in poverty or stuck in a downward spiral with no expectation of ever achieving anything more than “working poor” status with no more hope than not dying homeless. Sadly, a segment of the population, those most likely drowning in poverty and living in the Southern United States expedited the conservative’s plan by voting for Republicans because they promise to fight for religious freedom, guns, and preserving their European ancestors’ dream of a Christian wonderland…

Quest to restrict union fees targets three additional states

JEFFERSON CITY, Mo. (AP) — Buoyed by recent successes in the Midwest, conservatives and business groups are targeting at least three additional states for new efforts that could weaken labor unions by ending their ability to collect mandatory bargaining fees.

The latest efforts are focused on Missouri, Ohio and Oregon and — in a new twist — could put the issue before voters in 2014 instead of relying on potentially reluctant governors to enact laws passed by state legislators…

…Supporters of such laws contend employees shouldn’t be forced to pay fees to a union to get or keep a job. But unions contend the fees are fair because federal law requires them to represent all employees in a bargaining unit regardless of whether they join the union.

Most state right-to-work laws were enacted in the 1940s and 1950s. But businesses and conservative lawmakers, working through groups such as the American Legislative Exchange Council, have mounted a new push as union membership has dwindled and the competition for jobs has intensified among states.

Indiana in 2012 became the first state in more than a decade to enact a right-to-work law. The movement’s biggest victory came later that year, when Republicans in the traditional union stronghold of Michigan followed suit even though thousands of union protesters thronged the Capitol…

The State Policy Network’s Cozy Relationship With Big Tobacco

The State Policy Network (SPN), a web of right-wing “think tanks” in every state across the country, has close ties with the tobacco industry. When tobacco companies like Reynolds American or Altria/Philip Morris want to avoid tobacco taxes and health regulations, reports by SPN groups in many states can help inspire local resistance.

SPN, its member affiliates, and SPN-related entities such as the American Legislative Exchange Council (ALEC), the Heritage Foundation, and the Cato Institute,  continued to receive funding from the tobacco industry that has continued through at least 2012, according to Altria/Phillip Morris documentsThe Nation journalist Lee Fang previously reported that SPN relied on funding from the tobacco industry throughout the 1990s, and in return assisted the tobacco industry “in packaging its resistance to tobacco taxes and health regulations as part of a ‘freedom agenda’ for conservatives.”

During SPN President Tracie Sharp’s tenure at the Cascade Policy Institute (CPI, anSPN affiliate) from 1991 to 1999, Philip Morris state lobbyists worked hand-in-handwith CPI to oppose tobacco taxes…

Doc’s Leaked by The Guardian and Visa Quits ALEC As Members Meet in DC

Doc’s Leaked by The Guardian and Visa Quits ALEC As Members Meet in DC

by Bob Sloan

Lots of reassuring news for those pursuing transparency in legislation AND the American Legislative Exchange Council (ALEC) this week.  As ALEC met in DC this past week for their annual States and Nation Policy Summit, the Guardian released a scathing expose on that organization, using more leaked ALEC documents.  In addition VISA announced they were quitting ALEC…after Visa’s Vice President of State Relations, Paul Russinoff, received ALEC’s “Private Sector Member of the Year” award in 2012.

Documents acquired and made public by the Guardian in the ALEC article; “ALEC facing funding crisis from donor exodus in wake of Trayvon Martin row” revealed just how badly publicity and activism has hurt ALEC over the past three years since the Center for Media and Democracy first released all of ALEC’s model legislation and other documents on July 13, 2011.  At every ALEC meeting, “Summit” and conference since then, protesters have demonstrated and others have provided public teach-ins or community action seminars to inform the public about ALEC and their activities.

DC 12-13 protest

Last week the ALEC Summit in DC was also protested by activists and informed citizens working to abolish ALEC and stop their interference with writing and proposing state laws designed to enrich corporations and their elite owners. Union workers, food service workers, teachers and postal workers showed up Thursday and marched from Franklin Park to the Hyatt in Northwest DC where ALEC’s meeting was taking place.

While working Americans marched in the streets of DC, Keynote GOP speakers such as Ted Cruz and Indiana Governor Mike Pence took to the stage at the ALEC convention, applauding ALEC and their efforts of lowering taxes for the rich, privatizing education and making private scholastic corporations unbelievably rich…for holding down wages for working Americans to further enrich the 1%.  Cruz actually advised ALEC to “Stand Your Ground” (@4:12) in the face of the increasing pressure to abolish them.

As usual, ALEC refused entry to legitimate media; reporters, journalists and refused to allow any cameras or video equipment or crews into the hotel during their “Summit”.

Labor representatives were ejected when they attempted to get legislators attending the conference to sign a pledge to put the needs of their constituents first.  John Williams, Head of the Washington DC Central Labor Council, was thrown out of the Hyatt lobby when he tried to get legislators to sign what he called a “Rights Priority Pledge.” “Nobody wanted to sign the pledge because they said it did not apply to them,” he said.

Washington Post reporter, Dana Milbank was excited to be attending an ALEC meeting last week, anticipating learning about the initiatives presented by ALEC that would be discussed in task force meetings and working groups…

I descended the escalators at the Grand Hyatt downtown, two floors below street level, excited by the possibilities listed on the ALEC agenda: “The environment and energy task force, led by private-sector American Electric Power. The tax and fiscal policy task force, headed by Altria. The international relations task force, run by Philip Morris. The commerce and insurance task force, by State Farm. And the health and human services task force, by Guarantee Trust Life Insurance.

DC 12-13 protest 2However, like journalists and reporters from as far away as Toronto previously discovered, entrance to an ALEC function was not possible unless reporting for a “friendly” Right Wing outlet – as reported by CMD:

Select media have been allowed to hear keynote addresses from politicians and to attend “workshops,” but ALEC has denied press credentials to news outlets including Al Jazeera, The Nation, and Think Progress. Hotel security has even accosted and questioned credentialed press speaking to other reporters without credentials or interviewing protestors, such as the Toronto Star and the Arizona Republic.

Like dozens of other credentialed journalists over the past three years, Mr. Milbank was refused entry to any of the functions – except a luncheon…which ALEC’s security advised he could attend only if he did not record it:

Alas, I was quickly regurgitated from the belly of the beast. Outside the meeting rooms, a D.C. police officer, stationed to keep out the riffraff, turned me away. “Our business meetings are not open, and so the subcommittee meetings and task force meetings are not open,” explained Bill Meierling, an ALEC spokesman. I could wait a few hours and then attend a luncheon and some workshops, as long as I promised not to record them.”

ALEC has promised critics that they will provide “transparency” about their activities, lobbying, model bills and about legislative actions taken at their 3 annual events.  But to date, the organization has worked overtime to bury any semblance of transparency behind a facade built upon new layers of secrecy.  They have gone so far as to now claim that any communications between ALEC and state lawmakers is privileged and thus exempt from disclosure through responses to FOIA requests.

An even darker development is a draft agreement prepared for the Summit proposing that Alec’s chairs in each of the 50 states, who are drawn from senior legislators, should be required to put the interests of ALEC first before the interests of their constituents, thus setting up a possible conflict of interest with the voters who elected them.

Under multiple IRS complaints by whisteleblowers claiming ALEC has been abusing, misusing or hiding their lobbying activities and expenditures as a 501 (c)(3) tax exempt “charity”, ALEC has offered up a new program designed to circumvent such IRS tax prohibitions and restrictions: “The Jeffersonian Project” (@pg. 15) which will be a 501 (c)(4) with much more lenience in performing lobbying activities.  A Memorandum (provided below) from ALEC’s counsel, Alan P. Dye admits that activities performed heretofore by ALEC could indeed be considered “lobbying” by IRS definitions – as could activities of this “Jeffersonian Project”.  It also advises that “it is possible that at some point the IRS will audit ALEC”…

Jeffersonian project

 

Jeffersonian project 2

document obtained from Guardian document trove

In concert with ALEC’s 40th States and Nation meeting last week, dozens of news articles, blog posts and reports have hit the media.  Each reporting on one or more of ALEC’s initiatives relating to; voter ID, voter suppression, environmental deregulation, criminal justice, immigration, healthcare, worker’s rights, wages, anti-union and similar “model legislation” efforts.  Each of these are/were critical of ALEC efforts and written to inform and warn voters about upcoming legislation proposed and now being pushed by ALEC nationwide.  Below examples of some of the articles about ALEC this week and a video of the DC protest march against ALEC and corporate greed:

Daily Kos: ALEC’s trouble continues as Visa leaves

http://www.charlotteobserver.com/2013/12/07/4523002/alec-documents-show-strong-ties.html#.UqN94vRO58E

http://www.counterpunch.org/2013/12/06/stink-tanks/

http://www.theguardian.com/world/2013/dec/03/alec-funding-crisis-big-donors-trayvon-martin?CMP=twt_fd&CMP=SOCxx2I2

http://www.dcmediagroup.us/2013/12/05/corporate-interests-come-first-alec-convention/

U.S. Republicans shift health care fight to state level – The Globe and Mail

Conservative Group ALEC in 1985: S&M Accidents Cause 10 Percent of San Francisco’s Homicides | Mother Jones

Your daily jolt: 38 percent of state lawmakers are ALEC members | Political Insider | www.ajc.com

Senator, farmer, rabbi speak on climate change | CJOnline.com

ALEC Opposed Divestment From South Africa’s Apartheid Regime | The Nation

Don’t Fund Evil: 230,000+ Americans Tell Google To Quit ALEC

ALEC calls for penalties on ‘freerider’ homeowners in assault on clean energy | World news | theguardian.com

State conservative groups plan US-wide assault on education, health and tax | World news | theguardian.com

https://www.youtube.com/watch?v=6sHiDahO16I&feature=c4-overview&list=UU_tkppmH9q7WYNKtnMQOJLQ

This mass reporting about ALEC is a welcome development.  As recent as 2010 few were aware of ALEC and any media reference to their activities were usually found only in articles written and published by Conservative leaning outlets – and were published to applaud ALEC’s work to that faction.

Late last month it was an expose by CMD linking the State Policy Network (SPN) and their dozens of affiliates to ALEC and their cabal funded by the likes of the Koch brothers that helped many understand precisely how dangerous this huge cabal has become to our democracy.  Through these organizations with members and acolytes throughout our U.S. Congress, state legislatures and former ALEC members holding key positions within many state and federal agencies this minority made up of Conservatives and ultra-Conservatives have been able to obstruct our entire government and defeat the will of the majority of Americans.  They have become so powerful and influential over the past 4 decades that today ALEC has dozens of foreign elected officials on their membership roles…foreign conservatives who come here on travel paid for by ALEC to help them and the SPN/Koch cabal set policies for Americans to live and abide by.

VLTP applauds the work of CMD, PFAW, ProgressNow, Color of Change, Common Cause, the AFL-CIO, American Postal Worker’s Union, Daily Kos Bloggers and the other organizations that have joined forces to keep exposing ALEC, the SPN and all of Koch’s cabal for their lack of transparency and pursuit of anti-democratic activities.  Through the work of these dedicated groups, organizations and individuals our democratic heritage and rights are beginning to win out.  Hopefully through these efforts ALEC will soon become a thing of the past – as will corporate corruption and control of our elected officials.

 

New EPI Report Documents A Legislative Attack on American Wages and Labor Standards, 2011–2012

New EPI Report Documents A Legislative Attack on American Wages and Labor Standards, 2011–2012

A new report from The Economic Policy Institute (EPI), By Gordon Lafer | was published October 31, 2013.  It fully connects all the dots between the players involved in attacking the wages and labor standards of America’s workers – union and non-union.  It identifies the laws written, the authors of those laws and those who profit from such initiatives.

Couched as a response to difficult fiscal conditions, Republican governors and Republican-led state legislatures – many of them in battleground states — have been working hard at eviscerating the rights of public employees. Public workers, however, aren’t the only target of wealthy right-wing funders, major corporate lobbies, and corporate-funded lobbying organizations; non-union and private sector workers are also seen as fair game.

As expected, the American Legislative Exchange Council (ALEC) is playing a prominent role in an anti-labor coalition whose agenda is moving along at breakneck speed.

The assault on workers’ rights have multiplied in the past few years. In addition to Wisconsin Governor Scott Walker’s anti-union assault, “collective bargaining rights were eliminated for Tennessee schoolteachers, Oklahoma municipal employees, graduate student research assistants in Michigan, and farm workers and child care providers in Maine,” according to this Economic Policy Institute report written by Gordon Lafer.

The intro to this report begins:

“Over the past two years, state legislators across the country have launched an unprecedented series of initiatives aimed at lowering labor standards, weakening unions, and eroding workplace protections for both union and non-union workers. This policy agenda undercuts the ability of low- and middle-wage workers, both union and non-union, to earn a decent wage.

“This report provides a broad overview of the attack on wages, labor standards, and workplace protections as it has been advanced in state legislatures across the country. Specifically, the report seeks to illuminate the agenda to undermine wages and labor standards being advanced for non-union Americans in order to understand how this fits with the far better-publicized assaults on the rights of unionized employees. By documenting the similarities in how analogous bills have been advanced in multiple states, the report establishes the extent to which legislation emanates not from state officials responding to local economic conditions, but from an economic and policy agenda fueled by national corporate lobbies that aim to lower wages and labor standards across the country…”

When reading this in-depth and well documented expose, it doesn’t take long  before the American Legislative Exchange Council (ALEC) is brought into the discussion:

“This push to erode labor standards, undercut wages, and undermine unions has been advanced by policymakers pursuing a misguided economic agenda working in tandem with the major corporate lobbies. The report highlights legislation authored or supported by major corporate lobbies such as the Chamber of Commerce, National Federation of Independent Business, and National Association of Manufacturers—and by corporate-funded lobbying organizations such as the American Legislative Exchange Council (ALEC), Americans for Tax Reform, and Americans for Prosperity—in order to draw the clearest possible picture of the legislative and economic policy agenda of the country’s most powerful economic actors. To make the most clear-eyed decisions in charting future policy directions, it is critical to understand how the various parts of these organizations’ agenda fit together, and where they ultimately lead.

“This report begins by examining the recent offensive aimed at public-sector unions in order to point out the tactics commonly employed by corporate lobbies such as ALEC and the Chamber of Commerce; it establishes that their agenda is driven by political strategies rather than fiscal necessities. The paper then examines the details of this agenda with respect to unionized public employees, non-unionized public employees, and unionized private-sector workers. Finally, the bulk of the report details the corporate-backed agenda for non-union, private-sector workers as concerns the minimum wage, wage theft, child labor, overtime, misclassification of employees as independent contractors, sick leave, workplace safety standards, meal breaks, employment discrimination, and unemployment insurance.”

How successful has this cabal been?:

“Michigan and Pennsylvania both created ’emergency financial managers’ authorized to void union contracts. New Jersey and Minnesota’s legislatures both voted to limit public employees’ ability to bargain over health care. Ohio legislators adopted a law — later overturned by citizen referendum — largely imitating Wisconsin’s, prohibiting employees from bargaining over anything but wages, outlawing strikes, and doing away with the practice of binding arbitration. … Indiana, which had already eliminated most collective bargaining rights for state employees in 2006, adopted new legislation that prohibits even voluntary agreements with state employee unions.”

All of the Koch network members including; Chamber of Commerce, Federation of Independent Businesses, the Koch brothers–backed American’s For Prosperity, Americans for Tax Reform, the National Association of Manufacturers and of course ALEC are identified as “major corporate lobbies” (players) supporting these attacks upon workers and wages.  

When researchers look to similar attacks upon public education, advocating charter schools, vouchers and private academies…to the efforts of suppressing voters through voter ID and similar legislation…efforts of establishing state sovereignty to seek taking back federally owned land by states…and election gerrymandering – at the core of each  sits the same actors, funded by the likes of the Koch brothers and using ALEC to write model bills advancing each of these agendas.  

All of this is fueled by the same corporations, lobbyists and foundations.  The “foundations” (Mackinac Center, Heritage Foundation, Heartland Institute, Pacific Research Institute and dozens more) receive Koch funding and are controlled by the cabal.  They dutifully issue position papers in support of these pursuits advanced by a conservative minority.  Corporate owned and controlled media outlets are then used to trumpet these ALEC initiatives to the public and – more importantly – voters as necessary and supported by a majority of “Americans.”

Legislation is how all of these efforts are advanced state-by-state and it is only through ALEC that a coordinated and swiftly moving legislative agenda can be disseminated and accomplished.  Without ALEC the corporations, businesses, owners and their “associations,” “federations” and “foundations” could not succeed.

What one learns from the EPI report is that though much of ALEC’s concentration appears to be “aimed directly at the heart of organized labor (unions), ALL American workers are under steady attack.  The report establishes similarities in how analogous bills have been advanced in multiple states and the extent to which legislation emanates not from state officials responding to local economic conditions, but from an economic and policy agenda fueled by national corporate lobbies that aim to lower wages and labor standards across the country and targets all labor.”

The report also establishes that “Virtually all of the initiatives described in this report — including forced privatization, ‘right to work,’ and abolishing minimum-wage and prevailing-wage laws — reflect model statutes developed by ALEC and promoted through its network. This dimension of ALEC’s work is not aimed at immediately enhancing specific donors’ revenues, but at reshaping the fundamental balance of power between workers and employers.”

Please take the time read the full, enlightening and ultra-important EPI report completely -> HERE <-

 

The Siege on Michigan Public Education – By the Numbers

The Siege on Michigan Public Education – By the Numbers

By Amy Kerr Hardin at Democracy Tree

Democracy Tree reported late last week that the effects of anti-union laws directed at Michigan teachers, including the ban on payroll deduction of dues and right-to-work, had a miniscule impact on the voluntary payment of dues among Michigan Education Association members.

MEA president Steve Cook said a mere 1 percent didn’t pay. The GOP scheme was a flop.

While that number by itself speaks of the utter failure of bullying tactics employed by the Michigan legislature, it says even more when put in a larger context. Here are some more numbers that make that 1 percent non-payment truly astounding.

Let’s start with the soft numbers.

Although it’s difficult to pin down, somewhere between 41 and 51 percent of MEA and NEA members are Democrats. The results vary by study and by year (and possibly who’s reporting them). Similarly, about 25 percent, more or less, identify as Republicans and the rest as Independents. Without citing or clinging to any particular study or survey here, if those numbers are even remotely close to accurate, they say plenty about how teachers place the importance of their union membership over political affiliation.  And, even if those numbers are wildly inaccurate, it is safe to say that the Democrat to Republican ratio among Michigan teachers is certainly not 99 to 1.

Now, here are some hard numbers to gnaw on.

  • MEA union dues are currently set at 1.5 percent of the previous year’s salary, with an annual cap of $635 — a figure 99 percent are willingly to pay for representation they value– even under the GOP assault.
  • Average beginning pay for Michigan K-12 teachers is $34,100. Average overall salary for Michigan teachers is $55,541.
  • Lawmakers in Michigan earn $71,685, which is among the highest nationwide. Their expense account offers another $10,800 a year, with additional generous allowances for transportation costs and staff.
  • Nearly all public school teachers spend heavily out-of-pocket to supply their classroom — a National School Supply and Equipment Association Survey found that 99.5 percent spent on average $485 a year for classroom materials. That dollar number reflects 1.4 percent of an entry-level teacher’s salary in Michigan.

There are additional hard numbers that demonstrate the depth and breadth of the siege on Michigan’s educators.

Some very disturbing trends were uncovered in a recent analysis conducted by the Citizens Research Council. Their report titled Michigan’s Single-State Recession and its Effects on Public Employment, spurred them to conduct a comparative state-by-state analysis of public sector employment trends since the 2007 “Great Recession”, with Michigan public education numbers in focus. They drew from data found in another report from The Nelson A. Rockefeller Institute of Government. They found the following trends (emphasis mine):

Over the nearly four and one-half year period examined by the Rockefeller Institute, Michigan had the third largest slide in public sector employment (7.4 percent), behind Nevada (10.1 percent) and Rhode Island (8.3 percent).  In percentage terms, Michigan’s decline was nearly three times as large as the total U.S. public sector employment decline over this period (2.7 percent).  As documented in the CRC report, and confirmed by the Rockefeller Institute, job losses in the local government sector (11.4 percent – second largest decline behind Nevada) fueled the overall public sector decline in Michigan, as was the case for the nation as a whole (3.2 percent).

The job losses they cite in the “local government sector” are primarily from one subset — K-12 education.

Michigan’s job losses in this sector have been much more severe (more than a factor of four) compared to the U.S. total during the Great Recession…the losses have been fueled by the consistent plunge in education jobs (primarily K-12 education).  Education employment for the U.S. declined more than non-education, but the difference between the two sub-sectors was not as significant as the decline in Michigan.  For the U.S., education lost about 3.5 percent of the jobs in existence in December 2007, compared to a loss of about 2.0 percent of the non-education jobs.  Michigan, in stark contrast, shed over 17.8 percent of the jobs in education compared to the December 2007 level.  Non-education local government employment, which is dominated by public safety, is 6.8 percent below the December 2007.  This job loss is nearly three times as large as the loss in the U.S. for this sector.

The CRC drives the point home with the following observation:

What is striking from analyzing the data is the fact that Michigan’s employment contraction in [the public] sector has well exceeded the contraction experienced in the U.S. overall.   The job losses have been most acute in the local government sector, especially education.

Numbers don’t lie — Michigan public education is in great peril.

Amy Kerr Hardin

Indiana “Right-To-Work” (for less) Ruled Unconstitutional

Indiana “Right-To-Work” (for less) Ruled Unconstitutional

by Bob Sloan

600_right_to_work_statesLast year Indiana became the 23rd state to pass “Right to Work” legislation – a top initiative adopted and circulated by the American Legislative Exchange Council (ALEC).  For several years ALEC (with a corporate membership of more than 300 national and multinational companies) has pushed legislation – that can best be described as anti-union – in most states.  In each state where ALEC’s legislative members are part of a GOP majority, these laws have been systematically proposed and passed, nearly word for word as they were written by ALEC’s corporate lobbyists.

Sweeping changes in party control of many statehouses after the 2008 and 2010 election cycles resulted in several new “red” states falling under the control of conservative led GOP lawmakers and Governors.  With GOP majorities in control of states such as Wisconsin, Arizona and Ohio (each with sitting Governors who are ALEC alum), ALEC’s “model legislation” began being shoved through statehouses with little or no notice to – or regard for – voter’s position on such proposed bills.

In this atmosphere, Indiana’s ALEC led legislature/assembly began adopting ALEC written legislation culminating in a contentious fight last year over a proposed Right to Work bill. Organized labor, activists and non-union workers turned out for weeks to protest passage of this anti-union legislation.  In the face of a majority of strong opposition lawmakers managed to pass the bill and Governor Mitch Daniels quickly signed it into law.

In what can only be termed a set-back to Indiana’s GOP controlled Legislature – and ALEC, a Superior Court judge in Lake County, Indiana has ruled the new Right to Work law unconstitutional, as reported by WISH TV, in Indianapolis today:

INDIANAPOLIS (AP) — A Lake County judge has determined Indiana’s right-to-work law violates a provision in the state constitution barring the delivery of services “without just compensation.”

“Lake Superior Court Judge John Sedia found that the law wrongly requires unions to represent workers who do not pay dues. Indiana became the 23rd state in the nation to ban the collection of mandatory fees for representation from unions.

“Since then, union lawyers have gone to the courts to try and overturn the law. Sedia issued an order last Thursday declaring the ban on collections and associated criminal penalties unconstitutional.

“A spokesman for Attorney General Greg Zoeller says the state will appeal the ruling directly to Indiana’s Supreme Court.

“Union spokesman Ed Maher calls the ruling a victory for the middle class and dues-paying members.”

Though there was no mention of the involvement of ALEC or their 40 or so Indiana legislative members in pushing this legislation through in the public announcement, those tracking RTW legislation nationally know where the legislation originated and who is behind it.

Having researched and tracked ALEC’s activities over the years, it is expected that once the appeal is filed to the IN. Supreme Court an amicus curiae brief will be filed by ALEC and several satellite organizations such as Heritage Foundation, National Federation of Independent Businesses (NFIB) and the Chamber of Commerce.  This is the standard Modus operandi for the conservative cabal and reported on by VLTP in an independent Report in 2011. Those opposed to these RTW laws should even now be preparing to throw their collective hats into the ring here in Indiana by following ALEC’s lead and preparing amici filings for the upcoming Indiana Supreme Court battle that is forthcoming.

ALEC & Corporate Tort Reform Efforts Surface in Federal Court Decision

ALEC & Corporate Tort Reform Efforts Surface in Federal Court Decision

Featured photo credit: Tim Meko/For the Center for Public Integrity

By Bob Sloan

Recently a federal case involving gross physical abuse, discrimination and underpayment of wages to 32 mentally disabled workers who suffered such abuse and discrimination at the hands of their employer, was decided by a jury in favor of the workers.  The jury awarded $240 million in actual and punitive damages.  Following that judgment another federal judge has reduced that award to a total of $1.6 million.

In an article about this case, written by Chris Young for the Center for Public Integrity, Young identifies two key factors that resulted in the huge reduction in the amount of the award.  First the American’s with Disabilities Act has caps that limit the amount of damages.

“Under the act, compensatory and punitive damages are capped at $50,000 for companies like Henry’s that employ between 14 and 101 employees.”

Secondly, the judge who reduced the award, U.S. District Judge Charles R. Wolle of the Southern District of Iowa is a frequent attendee of pro-corporate seminars and is considered to be “corporate friendly.”

“An Iowa federal judge who frequently attends business-friendly judicial education conferences slashed a landmark $240 million verdict to $1.6 million for 32 mentally disabled workers who suffered abuse and discrimination at the hands of their employer.”

In fact in a related story by Young, Judge Wolfe is one of the top attendees of conservative “junkets” paid for by the likes of the Koch Family Foundations and organized by the Koch funded George Mason University:

“The most-traveled judges, according to reports filed online by the judges, were U.S. District Judge Charles R. Wolle of the Southern District of Iowa and Chief Judge Thomas B. Bennett of the Northern District of Alabama Bankruptcy Court. Each reported attending nine seminars.

“Wolle is a “senior status” judge, meaning he is semi-retired. He did not respond to requests for comment.”

The reduction of the initial jury award by Judge Wolfe appears on the surface to be legally required under existing ADA rules and legislative restrictions.  The judge’s hands were “tied” by the law setting a limit on what those disabled workers could receive.  A larger and more important question is – who is responsible for tying the hands of our judiciary?

When we look beyond the law and investigate why such “caps” are in place, we find that in most cases pro-corporate and anti-consumer laws known as tort laws, originate within and are spread by the American Legislative Exchange Council (ALEC).  ALEC claims to have 2,000 elected state lawmakers as members and close to 100 sitting U.S. Congressmen and women are ALEC alumni.  This legislative membership is sponsored, funded and works in concert with more than 350 corporations.

One of ALEC’s key initiatives over the past two decades has been the pursuit of “tort reform” legislation that limits the ability of consumers to recover damages inflicted by defective products, negligence, medical malpractice or corporate malfeasance.  In fact, ALEC and their corporate partners have developed and distributed dozens and dozens of model legislative tort reform “bills” and many of these have been successfully passed and now serve as the “law of the land” regarding consumer and worker rights.

Last year VLTP published several articles related to the ALEC/Koch Cabal’s involvement in unduly influencing our state and federal judiciaries.  This influence included the filing of Amicus briefs (friend of the court) in important cases involving key topics important to corporate interests; tort reform, second amendment gun rights, taxation, EPA and environmental issues and telecommunication laws.

Additional influence involves “training” seminars sponsored and paid for by conservative funded think tanks, corporations and foundations such as the Koch Family Foundation(s) and the Lynde and Harry Bradley Foundation.  Federal judges are treated to all expense paid junkets to plush resorts where they attend seminars focusing upon the ALEC/Koch agenda of limited government, free-markets and federalism.

Other sponsors of these events include federal judges themselves who help fund these conservative training sessions for new judicial appointees to enhance their knowledge and skills in complex areas of the law – from a conservative POV. The main or core corporate funding comes from:

  • The Searle Freedom Trust
  • ExxonMobil Corp.
  • Shell Oil Co.
  • Pfizer Inc.
  • State Farm Insurance
  • Dow Chemical Co.
  • AT&T Inc.
  • U.S. Chamber of Commerce 

All of these companies and organization have one thing in commonality: they are all either ALEC members, former members or supporters of ALEC and representatives of most even now sit upon ALEC’s Private Enterprise Advisory Council.

The Center for Public Integrity identifies the same companies, foundations and family names involved that VLTP identified over a year ago…and ABC reported on over a decade ago.  Since 2000 states have implemented law after law written by corporate interests, adopted by ALEC and supported by legislators working on behalf of ALEC instead of the rights of their constituents.

In 2001 ABC’s 20/20 presented an expose titled “Junkets for Judges” which can be found on YouTube in a two part presentation.  Here is a link to part one.  Though the 20/20 expose concentrated upon George Mason University’s involvement in providing these trips for our judges,we found several additional universities and private, non-profit organizations participating in these efforts at both the state and federal level.  All but one are provided by conservative organizations, foundations or schools:

•    George Mason University(Law and Economics Center – LEC)   (Recipient of Koch funding totaling $20,297,143 from 1986-2006 ), Earhart Foundation, JM Olin Foundation.
•    Foundation for Research on Economics and Environment (FREE).  Funded by ExxonMobil, GE Foundation, Koch Family Foundation  ($1,305,500 through 2006), JM Olin Foundation, Earhart Foundation and Castle Rock Foundation (Coors). ($65,000 in 2009) and the Claude Lambe Foundation ($1,540,000).
•    Northwestern Law Judicial Education Program (funded by many key ALEC members, including Koch)
•    Liberty Fund providing judicial conferences and seminars to/for Judges.
•    Federalist Society  (Koch funded   $1,437,200 through 2006)
•    Aspen Institute (Koch funded  $1,115,000 through 2006 with David Koch on the BOD).
•    University of Kansas, Law and Organizational Economics Center (LOEC) begun in 1995 by Henry Butler  with a $1,000,000 grant from the Fred and Mary Koch Foundation (see section on Henry Butler below).
•    International Judicial Academy which provides seminars for judges on the International level.

These seminars are a way for ALEC’s corporate members and contributors to assist the cabal’s pursuit of influencing judges to render pro-corporate decisions on important issues and cases.  Another concern is the fact that one or more of our sitting Supreme Court Justices have attended seminars organized or held by these groups and openly favor corporate interests – as witnessed by the decision in Citizens United.

This latest case involving the ADA and 32 mentally disabled workers being cruelly treated by their employer, the outcome of the ALEC/Koch cabal’s pursuit of writing our laws is high-lighted.  Telling our judges how to rule in individual cases through the use of amicus briefs after wining and dining them at plush resorts and indoctrinating them in conservative based ideology – has been successful for the cabal.

Today this cabal is busy privatizing the USPS, public schools, buying up newspapers and media outlets.  No doubt as more and more legal challenges erupt from these activities pursuing control of the media, labor, wages and upcoming model legislation, our courts will be tasked with determining the legality of those pursuits.  Already courts are now busy deciding key cases involving voter ID laws, immigration laws, second amendment challenges and the legality of new laws privatizing our schools.

With friendly judges, cooperating lawmakers and greedy corporations working hand in hand, American consumers, voters and workers are completely compromised.  Unless and until Americans say enough is enough this will continue with corporate owners, investors and politicians reaping the rewards at our expense.  Please join us in abolishing this cabal and returning our country to a country of the people – instead of a growing corporatocracy…

Paid Sick Days Defeat in Philadelphia Followed Familiar Script

Paid Sick Days Defeat in Philadelphia Followed Familiar Script

By Brendan Fischer at PRWatch

This article precisely describes how the ALEC cabal’s corporate members fund the initiatives they have brought to ALEC and sent out to all states through the ALEC legislative members.  After the bills or initiatives are proposed these corporations then pursue getting the legislation passed.  In this case in Philadelphia, they pursued defeating a bill passed by the city council allowing paid sick days – which then was vetoed by Democratic Mayor, Michael Nutter…not once but twice.

Anything to oppose worker’s rights or wages is pursued by ALEC and their corporate (employer) membership.

“Major opponents of Philadelphia’s paid sick days effort included the National Restaurant Association, the Chamber of Commerce, and the National Federation of Independent Business (NFIB), which presents itself as “the voice of small business” but lobbies primarily for big corporate interests. Each group is tied to ALEC and has consistently opposed similar legislation in other cities and states.

“Nationally, an estimated 40 million workers, or forty percent of the workforce, cannot take sick days without losing wages or possibly their jobs, according to the Bureau of Labor Statistics. Seventy-nine percent of food industry workers — who are especially likely to spread illness if they go to work sick — don’t get paid sick days, according to a Food Chain Workers Alliance study.”

Read the full PRWatch article <- HERE ->

Prison Industry Bill Clears Nevada’s Senate Judiciary Committee

Prison Industry Bill Clears Nevada’s Senate Judiciary Committee

Senators move quickly to rein in runaway prison program

By Bob Sloan

On Wednesday a proposed bill amending Nevada’s Prison Industries was debated before the state Senate Judiciary Committee.  The bill, SB 478 was sponsored by the Senate Finance Committee, which is chaired by former Assemblywoman and now Senator Debbie Smith (D-13).  Senator Smith explained the bill to the Committee and why a revision to NRS 209.461 is needed to protect workers, private businesses and taxpayers from being unfairly compromised by prison industry operations.

Attending the hearing in support of the legislation, former U.S. Senator (and Nevada Governor) Richard Bryan outlined a proposal he’d submitted to the Board of Prison Commissioners last month that would help protect Nevada’s businesses and workers.  Proposed revisions to NRS 209 within SB 478 language would serve that purpose.

Sen BryanSuggested language includes requirements that the NDOC provide adequate notice and consult with private businesses and unions prior to entering into new contracts or developing new prison industries.  This would help protect Nevada’s workers from displacement and private businesses from unfair competition arising from the use of prison labor by private companies or state sponsored industry programs.

These requirements are already mandatory and annunciated under federal guidelines controlling prison-made products introduced into interstate commerce.  This is to protect workers and businesses in states receiving such goods.

Senator Bryan explained the reason such policy changes were necessary to first protect Nevada’s business and workers.  He stated that these protections were at the core of the proposal made to the BPC in March.

SB 478 includes a requirement that any private company applying to participate in prison industrial programs be required to provide a guarantee that operational expenses will be paid to the NDOC.  This provision requires the posting of a surety bond or personal guarantee:

“7. Before entering into any contract with a private employer for the employment of offenders pursuant to subsection
1, the Director shall obtain from the private employer:
   (a) A personal guarantee, surety bond in the sum of $1,000,000 made payable to the State of Nevada or security
agreement to secure any debt, obligation or other liability of the private employer under the contract including, without limitation, lease payments, wages earned by offenders and compensation earned by personnel of the Department.”

This clause seemed to draw the most concern and discussion from the Committee as they attempted to ascertain whether such a high bond was necessary.

Danny Thompsonsb 478 hearing conway

Other revisions require the NDOC Director to secure documentation pertaining to the impact upon private industry and labor in Nevada.  Before submitting such projects or new industries to the Interim Finance Committee’s Committee on Industrial Programs for recommendations or Board of Prison Commissioners for approval, these studies must be completed.

Also speaking in support of SB 478’s changes to policy requiring notice and consultation with labor, was Nevada’s AFLCIO Executive Secretary Treasurer, Danny Thompson and Robbie Conway of Ironworkers Local 433.

The Union Representatives spoke on behalf of unemployed union workers being displaced or unable to find employment because of prisoners used by Alpine Steel, LLC.  Alpine has been accused of using cheap prison labor to reduce labor costs and secure bids on projects, reducing the ability of other companies to compete fairly for the same jobs. One of those projects is the high profile construction of the Sky Vue Ferris Wheel on the Las Vegas strip.

SkyVue pic

Thompson raised issues of public safety due to using inmate labor to fabricate steel components used in building a public bridge over I-15 and the Wet ‘N’ Wild theme park in Summerlin. Thompson mentioned he’d made repeated requests for proof of required certification of the prison shop and inmate welders but Alpine and NDOC continues to withhold those documents.

Time for discussion opposing SB 478 was consumed by Alpine Steel owner, Randy Bulloch.  He vehemently opposed any requirement of posting a surety bond or consulting with unions, labor or competing businesses before starting up new prison industries.  He advised his company had been using inmates as a workforce for seven years before the operation was stopped early this year.

His argument was that requiring a bond would be cost prohibitive and “catastrophic” to prison industry operations.  Bulloch also claimed that noticing and consulting with unions and competing businesses and requiring approval of both would be impossible, “they’ll never agree to such projects.”  Presumably Bulloch’s persistent advocacy on behalf of prison industries demonstrates a desire to reopen the prison industry’s metal shop to Alpine Steel and regain access to that less costly workforce.

The proposed revisions do not include a requirement of “approval” by unions or competing businesses.  It only requires notice and an opportunity to participate in any discussion prior to submission of proposed new industries for approval. In addition until Bulloch repays nearly half a million dollars owed to the state it is unlikely authorities will consider allowing his company back onto prison property.

It’s interesting that Mr. Bulloch’s company was at the root of a controversy that ultimately resulted in the necessity of this legislative review of prison industries.  Actions of Bulloch and Alpine Steel placed the entire program in jeopardy by his refusing to pay incurred operational expenses owed to the NDOC.

Rather than open discussions of new industry operations to transparency, Bulloch seems intent upon keeping any new or proposed contracts shrouded in secrecy, and decisions regarding use of inmate labor made outside the view of obviously interested parties.

Alpine ran up a huge bill with the prison industries by failing to pay inmate and NDOC staff wages, utility costs, workers compensation or lease payments for nearly four years, accumulating a debt of $438,000 to the state.  After the story broke in the media is when officials closed Alpine’s operation at High Desert State Prison and forced Bulloch to agree to repay the state over the next four years.  Though Bulloch no longer has any inmates working for him in the prison shop and the facilities are closed to him, he continues to be the lone voice advocating for operating Nevada’s prison industries without any policy changes to ensure other companies are not able to operate with taxpayers footing the bill.

Competing steel companies protested lost business through unfair practices exercised by Alpine to secure contracts due to low-paid prison wages.  They also voiced concern that the state was unfairly subsidizing Alpine’s operations through a sweetheart lease agreement for prison facilities and a failure to collect the debts owed.  Both gave Alpine Steel a substantial advantage over all competitors in the steel industry there in Nevada.

NDOC Director Cox and Deputy Director Connett were present and stated they and the department was “neutral” on the legislation and will be submitting written statements to that effect.  Several former inmates attempted to speak in opposition, but time was short due to Bulloch’s lengthy statements in opposition and their discussion limited.

The following day, the Judiciary Committee voted unanimously to move the bill to the full Senate for discussion and vote.  It is unknown at this time how much support this legislation will get from the Nevada Assembly and full Senate.