Department of General Services

Unprecedented Action: McAuliffe Rejects Day Of Prayer Permit In Capitol Square

For as far back as anyone can remember, well over a decade at least, many of us who work in downtown Richmond have taken part in the National Day of Prayer service on the grounds of the Mr. Jefferson's Capitol. It is always held at noon, as are the overwhelming majority of services nationwide, so that office workers can participate during the lunch hour. That was the case anyway, until this year. We've just learned that for the first time ever, a governor's administration has declined Day of Prayer organizers the noon hour for the service, saying that it is a time when people eat their lunch on capitol grounds.

No, really, that's what they said. Not only is that a remarkable statement in and of itself, but the part of Capitol Square used for the service — the Bell Tower — is not in the area brown baggers use for lunch as the park benches are on the main walk way through the middle of the square.

A photo earlier today shows that, despite the pleasant weather, lunch eaters in Capitol Square aren't all that numerous.

While the administration has been nice enough to offer the grounds for a service at 1:00, the decision sends the clear message that religious Virginians are going to continue to be treated as second class citizens by this administration. This should come as no surprise in the aftermath of Governor McAuliffe's vetoes of two common sense bills concerning religious liberty passed overwhelmingly by the General Assembly. Surely, in only four short months, no governor in Virginia history has displayed such disdain for religious expression.

As for the administration's concern for people who eat their lunch at noon on the capitol's grounds, they certainly can do so while a relatively small group of folks gather for a Day of Prayer service. The grounds are, after all, not very small. There's not been a problem in the past, so why the sudden change? Day of Prayer organizers were told that the policy regarding the noon hour has been in place for some time but that they had been "grandfathered in" in recent years, but not anymore. We are sending a Freedom of Information Act request to the Department of General Services to find out just when this policy was put in effect, by whom, and why.

Regardless of this administration's hostility toward faith, we will continue to fight for our religious liberty. It is foolish if it believes its childish antics are going to stop prayer.

Virginia News Stand: April 29, 2010

Annotations & Elucidations The Comeback Continues

The last 48 hours have been good ones for the culture and religious freedom in America and Virginia. Pro-life laws in Oklahoma, a Cross allowed to stay at a memorial and, now, the reversal of a horrible and discriminatory policy in Virginia: the gag on State Police chaplains to pray in Jesus' name. Add that to the elimination of taxpayer funding of abortions in the commonwealth and tighter abortion restrictions in Nebraska, and it's been a reassuring spring in America at the state level, proving there is a movement (that gets results) looking to make its first strike back at a national government governing opposite the will of the people.

We are featured prominently in the lead, as one might expect, with four articles seeking Family Foundation response on Governor Bob McDonnell's reinstatement of the policy allowing state police chaplains to pray in public as they deem. That executive order dominates the news, but there is a curious item that slipped in the news cycle amidst all the chaplain coverage: The governor's reappointment of several Kaine administration officials, including State Police Superintendent Steven Flaherty (who needlessly started the chaplain mess, and boy musn't that been a fun conversation: Colonel Flaherty, if you want to stay, you will let them pray); Daniel Timberlake as director-Department of Planning and Budget; Richard Sliwoski as director-Department of General Services; and Patricia Wright as state superintendent of public instruction. He previously kept Secretary of Finance Ric Brown.

While they may be good folks, at first glance it seems odd to holdover people after getting elected with such a large mandate to make change in economic and education policy. One appointment we do like for certain is that of former colleague Mark Early, Jr. — his Family Foundation connection omitted from the Richmond Times-Dispatch article notwithstanding.

Among the other features in today's News Stand: Governor McDonnell's Rest of Virginia Ask The Governor from earlier today on WRVA-AM in Richmond (yesterday we had the N.Va. version), more reports on the Mojave Desert Cross decision by the U.S. Supreme Court and, speaking of the court, another case it heard regarding the privacy rights of those who signed a petition to initiate the repeal of Washington State's homosexual unions law. 

News

*Governor Lets Va. Troopers Refer to Jesus (Washington Times)

*McDonnell Rescinds State Police Prayer Policy (Norfolk Virginian-Pilot)

*Va. reinstates prayer policy for state police chaplains (Richmond Times-Dispatch)

*Va. Reinstates Prayer Policy for Police Chaplains (AP/WJZ.com)

McDonnell Reverses State Police Prayer Policy (Roanoke Times)

McDonnell reappoints several Kaine administration officials (Richmond Times-Dispatch)

McDonnell promises a statewide housing policy (Richmond Times-Dispatch)

Audio

Ask The Governor (38:59) (WRVA/WRVA.com)

National News

Court skeptical on keeping petitioner IDs private (AP/GOPUSA.com)

Mojave Cross Case: A Signal on Religious Symbols (AP/FoxNews.com)

Supreme Court Allows Mojave War Memorial Cross (Los Angeles Times)

Illegal immigrants plan to leave over Ariz. law (AP/GOPUSA.com)

Democrat senators developing immigration bill (AP/GOPUSA.com)

Fla. gov. on cusp of independent bid for US Senate (AP/GOPUSA.com)

Obama warns of a 'conservative' judicial activism (AP/GOPUSA.com)

Census mail results could be trouble for 5 states (AP/GOPUSA.com)

In financial regs debate, senators look to details (AP/GOPUSA.com)

Commentary

After Policy Stumbles, Obama Turns to Politics (Michael Barone/GOPUSA.com)

Democrat Cabal Dangles Bait For Unwitting Republicans (Christopher G. Adamo/GOPUSA.com)

The National Day of Prayer: The Value of Offending (Paul A. Ibbetson/GOPUSA.com)

America's Political Grand Canyon (Debra Saunders/GOPUSA.com)

Another RINO Punch to the Conservative Gut (Bobby Eberle/GOPUSA.com)

Spending Transparency: Close To Two Major Victories, Keep Contacting Lawmakers

Spending transparency is one of our priority issues this session and the bills involved (SB 936 and HB 2285) have had a long and winding path thus far (as do most major reform efforts). Just as predicted, their paths are somewhat similar to eminent domain reform bills in 2007, with many twists and turns and near-death experiences. Although each committee vote has been non-controversial, the behind the scenes efforts have been exhausting to get it to that point, with great credit going to the two patrons — Senator Ken Cuccinelli (R-37, Fairfax) and Delegate Ben Cline (R-24, Amherst), respectively, and their co-patrons, particularly Senator Chap Peterson (D-34, Fairfax) and Delegate Joe Bouchard (D-83, Virginia Beach). There has been tweaking of the bills to avoid the inexcusably outrageous and bogus fiscal impact statements which would have made the bills cost prohibitive to implement, especially in these tight budgetary times. (Fiscal impact statements once served a good purpose — cautionary breaks for lawmakers on new programs or government administrative expenses. Now they are used as excuses to stop much needed reforms.)

Each bill has gone through numerous committee hearings, amendments and substitutes, been reported and refered to money committees and the House version even was sent to a Senate committee the Senate version had no part of (see here). (As it turned out, HB 2285 was sent to the Rules Committeebecause the Auditor of Public Accounts comes under legislative directive, or some such governmentese, but still begs the question why SB 936 didn't go that route.)

All that said, we are closing in on major victories, but it's not time to let down our collective guard. A final push is needed from concerned citizens who believe the government has a serious obligation to shine the light on where our tax dollars are spent. 

SB 936 unanimously passed the House Science and Technology Committee only to have another obstacle thrown in its path — a trip to House Appropriations tomorrow. Committee members Bob Marshall (R-13, Prince William) and John Cosgrove (R-78, Chesapeake) tried to avoid the referral by asking for a vote to report straight to the House floor.

However, things look positive. Committee Chairman Kathy Byron (R-22, Lynchburg) told committee members the bill had to be referred to Appropriations to be vetted for costs, but that she would inform Appropriations Chairman Lacey Putney (I-19, Bedford) there are no costs associated with this bill. Appropriations meets tomorrow afternoon.

Indeed, Auditor of Public Accounts Walter J. Kucharski and Joe Damico, deputy director of the Department of General Services, both testified that the bill, offered in its third form, would have no fiscal impact on the state budget. Amazingly, the Department of Planning and Budget attached a fiscal impact statement to the bill claiming its original and subsequent amended versions would cost state government between $1.5-$3 million in new equipment and software, man-hours, and more employees. One small problem: no one asked the departments involved (read this about impact statements).

Earlier in the week, HB 2285 emerged with unanimous approval in the Senate Rules Sub-Committee on Studies and now is in the full Rules Committee which meets at 9:00 a.m. tomorrow. 

Spending transparency is an important issue (read here) for many reasons: good government, accountability, taxpayer protection and the like (read here). It also will give us a clearer window into how often, how much and for what reasons nefarious profit making groups such as Planned Parenthood get our tax money! We are very close to victory on a major priority this session. Let's not take it for granted.

Contact Rules Committee members here (HB 2285) and Appropriations Committee members here (SB 936).

BREAKING: Spending Transparency Approved In House Committee!

Just a few minutes ago, the House Appropriations Committee approved by unanimous voice vote, HB 2285, patroned by Delegate Ben Cline (R-24, Amherst). Were it so easy. This is the background: The bill wasn't heard until late in the process by its committee of jurisdiction and, with an unjustifiable price tag by the Department of Planning and Budget of up to $3 million, it was doomed for Appropriations.

Plan B: Scale it down. Instead of a new or rebuilt data collection system, both Delegate Cline and Senator Ken Cuccinelli (R-37, Fairfax), patron of the Senate companion, SB 936, worked with the Auditor of Public Accounts to improve current data collection and "retrievability" by the public, to go along with "searchability" improvements the auditor instituted since last year.

Problem: Despite all that, the jurisdictional Appropriations sub-committee had finished its pre-crossover meetings. Solution: Pressure and persuassion, and the chairman allowed for an additional meeting.

What just happened: After all that, and a glowing endorsement for two days running in Senate committees by the auditor, and Senate Finance taking the first step in the water, you'd think all was a slam dunk. More like those blooper reel missed dunks. At the sub-committee this afternoon, Delegate Cline was late and almost got passed over. Then, once he introduced the substitute, he and committee staff realized he had no substitute. Legislative Services, which drafts legislative language, and Delegate Cline had a failure to communicate, apparently, and either there was no substitute in front of the committee or there was, but with the original bill's summary attached. That meant is that the FIS was still in play. Not gonna pass in that posture. A sinking feeling if ever there was one.

What to do? Or is there anything to do? Delegate Scott Lingamfelter (R-31, Woodbridge) attempted to save it with a motion to report to the full committee with the understanding the Senate language would be introduced. Not what the chairman, Delegate Steve Landes (R-25, Augusta), wanted.

Delegate Landes then threw Cline a lifeline of sorts, agreeing to report with no recommendation if the proper substitute could be drafted by the full committee's last hearing, about a half hour hence. Proviso: Bills recommended in this manner only are brought up at the full committee chairman's discretion.

Scramble: Cline, committee staff and Legislative Services hustled to unravel the knots. Meantime, potential wolves at the gate: A guy from Virginia Enterprise Application Program showed up with questions and talked with yours truly and another pro-transparency lobbyist. Not against, but concerns, and concerns are enough for Appropriations to put the kibosh on apple pie and the flag. More: He tipped us off that General Services was against it. What a perfect Friday early evening.

Finally, full committee in progress and after a few bills were heard, and wondering exactly how many days it would be before I'd see family and friends, a mini-miracle. After a lengthy and contentious debate on transportation funding, where Democrats grilled Delegate Glen Oder (R-94, Newport News) on his innovative plan while Republicans grilled, in turn, Transportation Secretary Pierce Homer for not having a plan at all, the Chairman, Delegate Lacey Putney (I-19, Bedford) called up HB 2285, substitute ready and all!

Here's what I don't get: The committee has the correct substitute language, and during discussion of the bill several key members say they have had conversations with people who could be affected or must administer the bill if it becomes law, including the auditor and the Secretary of Technology,  and they report these people say there are no costs. (Question: How did they know what to ask if they didn't know what the substitute language was?) But they want the committee staff's opinion. Not that committee staff isn't great. They are. But how much vetting do you need when the members have gone to the top guys to begin with and they can see the difference in the substitute and original?

More discussion. Costs or no costs? How can we be sure? No one from Public Accounts to verify, but luckily the VEAP guy is silent and no one from DGS is around. Then, what's the purpose? If the information is out there, why do we need this? Is this about transparency? Is this about good government? Come clean Delegate Cline.

Finally, a motion and a second. Unanimous voice approval. I wiped the sweat off my brow and made the Sign of the Cross.