January 2012 Archives

As I argued in a Bloomberg column this week, President Barack Obama's State of the Union address gave insight into his vision of America given that his policies seem intended to prop up union workers rather than restore any semblance of health to the economy:

The president sees a starving public sector unable to adequately meet the needs of the public, a world where heroic teachers must dig deeply into their own pockets to pay for school supplies. But public schools are short on cash not because of a lack of taxpayer support, but because of misdirected priorities driven by a lack of competition, bureaucratic inertia and union demands.

The latest news is bleak for the California Public Employees' Retirement System, which saw a dismal 1.1 percent rate of return on its investments over the last year. Whenever the pension funds have good quarter, their officials champion that as evidence that there is no pension crisis. They send out press releases and mock those critics who advocate for pension reform. When the gains are low, they soft-pedal the results and insist that it's an aberration. But a Riverside Press-Enterprise editorial got it right:

Undue optimism will not pay for California's public pension costs. The state instead needs retirement benefits that are sustainable long-term, and not an increasing drag on public budgets. Pension officials should base financial planning on cautious projections, and not rosy assumptions.


From the lede in a story in today's Sacramento Bee:

Some of California's rank-and-file firefighters earn so much money in overtime that the state has revived pay bonuses worth thousands of dollars to lure them into management.

Read more here: http://www.sacbee.com/2012/01/26/4215759/promotions-unpopular-for-california.html#mi_rss=Top%20Stories#storylink

Yesterday, Louisiana Governor Bobby Jindal, no stranger to bold reforms, unveiled a comprehensive proposal to bring pension reform to the Bayou State, making Louisiana the latest state to be swept up in the movement to rein-in out of control public employee costs. Late last year Rhode Island undertook massive reform and now Virginia - and even Illinois and New York - are on the verge of action. As reported in in the Times-Picayune, Governor Jindal's proposal aims to move some new workers to a 401(k)-style plan, increase the retirement age for some existing employees, and require increased contributions from some in the existing systems. Most notably, the "cash-balance plan" aspires to close a yawning $18.5 billion gap between the amount of money in the system and the funds needed to pay promised benefits.

Yesterday I spoke at AEI on the subject of public sector pensions and the policy choices facing state and local governments. My co-panelists included Jason Richwine, co-author with Andrew Biggs of Assessing the compensation of public school teachers and Scott Beaulier whose recent research covers how states might switch from defined benefit to defined contribution plans.


This morning I testified at a House Oversight Committee hearing on federal employee retirement benefits, which are ripe for reform. My approach was to compare the benefits that at typical federal worker would receive at retirement versus what a private sector worker with the same salary might expect to receive. Federal employees are eligible for Social Security benefits, the defined contribution Thrift Savings Plan (TSP), and the defined benefit Federal Employee Retirement System (FERS).

Since 1971, the LA Unified School district has been violating California state law by excluding student achievement from the evaluation of its teachers. Why? Because the teachers union nscw_logo.pngwouldn't allow it. In a hard-hitting expose in City Journal, Larry Sand, a retired teacher and president of the California Teachers Empowerment Network, sheds light on this shocking development, demonstrating once again how Public Sector Inc. is hard at work protecting its own interests at the expense of America's taxpayers, and in this instance, their children.

Another day, another blow to the viability of California's high-speed rail boondoggle. I've written here in the past about how the project has become widely unpopular because of cost overruns, the failure to lay down a single inch of track, and a non-existent business plan. Now it has a new liability: contracts designed to get around the competitive bidding process. From the Sacramento Bee:

"Without sufficient staffing," [a report by State Auditor Elaine Howle] said, "the [California High-Speed Rail] Authority has struggled to oversee its contractors and subcontractors, who outnumber its employees by about 25 to one."

Howle also said the rail authority violated a state rule prohibiting agencies from splitting contracts to avoid competitive bidding requirements, dividing $3.1 million in information technology services into 13 different contracts with one vendor over 15 months.


Read more here: http://blogs.sacbee.com/capitolalertlatest/2012/01/audit-accuses-high-speed-rail-of-risky-financing-contract-splitting.html#storylink=cpy

There is one silver lining to this news about naked cronyism: we know now there's at least one thing the High-Speed Rail Authority can do efficiently.

Time magazine dubbed Rhode Island the "little state that could" in a December article that described that state's successful efforts to revamp and reduce the costs of its  retirement system. But Rhode Island's problems go well beyond its statewide pension system, and state and local lawmakers have much work to do to fix the system, as a recent Boston Globe article (RI cities and towns plead for help from state). The article described how municipalities are doing things like shutting off their streetlights, laying off teachers and turning to pleas for private donations to keep from cutting some programs
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Yesterday on FOX Business Network's "Varney & Co.", Steven Malanga discussed Illinois's persistent deficit -- a year after raising taxes. How can lawmakers fix this mess? Well for one thing, the Prarie State hasn't changed their pension system and it is now one of the worst funded in the country. Watch what Steve has to say about the Prarie State pension mess.

The defined benefit pensions that our tax dollars fund for public sector workers are unsustainable. Recently, a handful of courageous politicians - such as the Manhattan Institute's 2011 Urban Innovator Award recipient, Rhode Island General Treasurer Gina Raimondo - have tackled this issue head-on, and for the long-term, by shifting away some risk from the taxpayer and linking future benefit increases to the health of the state's pension fund. However, far more often, politicians simply put a band-aide on the problem and hope that the economy will recover so that the problem appears to go away. What will not go away is the reality of math. The financial assumptions that underpin our current public pension systems are flawed. So today, in an effort to better educate the American taxpayer and illustrate in unbiased terms the difference between public sector pensions and private sector retirement savings, we are unveiling CalculateYourPublicPension.com.

GOP Presidential hopeful Newt Gingrich is receiving some unexpected support in the upcoming Florida presidential primary from Meet%20Newt%209_preview.jpgthe American Federation of State, County and Municipal Employees. On Saturday the Orlando Sentinel reported that radio stations in Florida had garnered at least $280,000 in advertisement bookings from AFSCME for a spot accusing Romney of 'corporate greed' for his role as a founding partner in private equity firm Bain Capital. The Washington Times added yesterday that Federal election records show the union plans to spend up to $1 million in the state.
As both Steve and Ben have noted here, California Governor Jerry Brown delivered his State of the State address earlier this week in Sacramento. As per usual with this affair (which tends to play out like a slightly less fatiguing State of the Union speech), it was heavy on generalities, leaving plenty of room for politically convenient ambiguity. One area where Brown was particularly hard to pin down was education, where -- depending on your interpretation -- he may been speaking as a conservative reformer or a union stooge.

Pension funds around the country face massive underfunding problems. But some, especially the pension funds’ administrators, argue that the problem will fix itself with market rebounds. But this scenario is unlikely to happen without fundamental pension reform.

The signatures are in. One million of them. In a show of strength, public employee unions and their Democratic allies collected4f163851a048b.image.jpg more than the 540,000 required to force a recall election for Wisconsin Governor Scott Walker. The recall election is likely to take place sometime this summer. How is this electoral battle likely to shape up? Here are a few important factors.
For several years now, San Diego police officers have been suing the city for back pay. They claim that they should be paid for "donning and doffing" -- the time they spend putting on their uniforms. The Supreme Court finally gave them the back of the hand, but only in the public sector can such idiocy consume court time and taxpayer resources. As the Orange County Register opined today: "Taxpayers, reform advocates and those concerned with responsible government budgeting and reining in the power of public employee unions claimed a small victory this month when the U.S. Supreme Court declined to hear an appeal of a lawsuit against the city of San Diego by its police officers, seeking back pay and overtime for tasks including putting on their uniforms before coming to work. The nation's highest court sent a message to police unions: Get dressed on your own time, like the rest of us." It is a victory for taxpayers and common sense, albeit a small one.
At a Washington conference this morning, panelists from the National Public Pension Coalition shifted attention away from the public-sector pension crisis and toward the private-sector pension crisis. 

The private-sector problem is real. But the panelists' approach to it highlighted the problems in the public sector. 
Steven Greenhut's post on Jerry Brown's 2012 "state of the state" address Wednesday morning nicely summarizes the difference between the Democratic governor's political philosophy and that of a spartan band of Californians who maintain that in the present crisis, government is the problem rather than the solution. I couldn't agree more with Greenhut's observation that "a state thrives because of its private sector" and "until California's Democrats understand that, the state will continue to decline." 

Brown argued for his proposed "temporary" tax extension plan to fund public education--in fact, an extension of a previous "temporary" tax hike--and reiterated his 2010 campaign talking points that California's economic revival will come in the form of new "green" jobs. The text of Brown's address is available here

The governor made several other claims in his 20-minute address that require a bit of parsing and elaboration. Here are just a few of the most provocative.
Gov. Jerry Brown is now giving his State of the State speech. "California has problems," he said, "but rumors of its demise are greatly exaggerated." That certainly is true.  The past week I drove up to Eureka, through the magnificent redwood forests via Clear Lake, and then down through the wine country of Mendocino, Sonoma and Napa. There's nothing like the beauty of this place, and no doubt there remains an entrepreneurial spirit here despite bureaucratic efforts to crush it. But the governor doesn't seem to understand that California's greatness does not reside in its public sector. The governor is calling for tax increases. He insists that those who oppose his high-speed rail plan are Luddites. He sees a future in a subsidized renewable energy economy. Ultimately, though, a state thrives because of its private sector. Until California's Democrats understand that, the state will continue to decline.
Jordan Weissmann raises the question over at The Atlantic. The short answer is, naturally, "the union negotiated the perk with the district, that's why." But the longer answer is much more interesting, and tells us a great deal about collective bargaining laws and why certain common sense reforms are so difficult to achieve. 
GOP presidential hopeful Mitt Romney has taken a fair amount of criticism from the left and the right over his role at Bain Capital,Thumbnail image for Thumbnail image for MittPortrait.jpg the private equity firm he helped found in 1984. Bain, some critics argue, pursued a strategy of investing in struggling firms and then promptly laying off workers in pursuit of a turnaround. Romney's response, by contrast has been that Bain ultimately created more jobs than it helped eliminated via its investment strategies. But left out of the debate, especially by critics on the left, is the enormous role that public sector pension funds, whose investing strategies are often overseen by elected officials, have played in the rise of private equity. As the New York Times noted in 2010, private equity firms owe their explosive growth to public pension funds.

NY pension reform update

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Governor Cuomo has, indeed, put a defined-contribution option on the table, as I blog here.  

Today's New York Daily News reports Governor Cuomo will propose a defined-contribution option as part of a pension plan to be unveiled as part of the 2012-13 state budget the governor will unveil later today. Specifically, says the News, "all new state and city workers, including police and firefighters, would have to choose between enrolling in a 401(K) plan or getting pension benefits that are less generous than those currently offered, sources say."

As always, the details are important. Based on this initial description, Cuomo may be headed in a very positive direction. More to follow.
That is one of the defenses of public sector unionism by Georgetown labor historian Joseph McCartin.He points out, rightly, that image002.jpgRonald Reagan, when he was governor, signed California's law facilitating collective bargaining for public employees and that President Kennedy signed EO 10988 to head-off stronger congressional legislation. In the 1960s and 1970s, there was something of  bi-partisan consensus in favor collective bargaining in government. Writing in the LA Times, he makes two other arguments...
Last week in this space I highlighted a story out of Orange County, California that revealed that local governments had spent nearly $2 billion in 2010 paying the employee portion of public pensions. According to a report in today's Sacramento Bee, this malign trend isn't just limited to Southern California. In California's capitol city, more than 100 public workers face job losses if the government workforce doesn't start picking up the slack on pension contributions (42 police officers -- who contribute nothing to their pensions -- were already let go last year). The numbers are staggering:

[City Manager John] Shirey told the City Council on Tuesday night that half the city's budget deficit over the next two years could be eliminated if all city workers paid the employee share of their CalPERS retirement contributions.

Read more here: http://www.sacbee.com/2012/01/12/4181841/sacramento-looks-to-cut-its-payment.h

Steven Malanga says that there are ways for every state to be able to fix their pensions pains on FOX Business Network's "Varney & Co." this morning. Watch and learn (also, read his latest PSI blog post on Hatch's plan).

Parent Trigger, take two

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A little later today, I'll be headed to Adelanto, a small city in the High Desert of Southern California, where parents at Desert Trails Elementary School plan to deliver petitions to convert the failing public school into an independent charter school. If the district certifies the signatures in the next 40 days--some 70 percent of parents at the school reportedly signed the petition--the conversion is mandatory under state law. 

Desert Trails would be the first school successfully transformed under California's landmark Parent Empowerment Act, also known as the Parent Trigger. It's been a long time coming.
New York City's pension actuary is about to reduce the discount rate to 7 percent from the current 8 percent. This would normally raise the city's required contribution by at least $2 billion -- on top of an incredible $7 billion rise in pension contributions over the past 10 years. However, today's New York Post reports that "a change in key accounting practices" will allow the city to hold the impact to $1 billion. As a result, the Post says, the Bloomberg Administration will " pass on to future generations the bills it gets for some of its massive new pension debts."

Imagine working for a company. Now imagine getting a guaranteed pay raise every year, no matter how you perform or how the company performs. Now imagine your annual review, that meeting where your boss evaluates your performance and considers increasing (or decreasing) your compensation. But instead of prepping for this important meeting, you simply decide to stay home, knowing fully well that as a result of your decision to skip the meeting, your boss has been left with no choice but to give you an annual raise. Why: because his hands are tied. As a report issued today by the Empire Center for New York State Policy makes clear, that is exactly how things unfold year after year for thousands of New York State public workers.

From the Torrance Daily Breeze today comes some good news for the parents of Los Angeles children looking to expand their children's educational options: the Los Angeles Unified School District is considering the option of an "open enrollment" program that would allow students to attend any school in the district. Any increase in choice is to be welcomed, even if it's among LAUSD's wildly uneven public school campuses. What's telling, however, is the motivation behind the district's initiative: a severe threat from the success of local charter schools. As the piece reports:
In a new report issued today in Washington, Sen. Orrin Hatch, the ranking Republican on the U.S. Senate Finance Committee, warns that the state and local pension crisis could have a dramatic impact on the credit rating and budget of the federal government, and the report suggests that Washington needs to consider legislation that would help diffuse the crisis before it grows too large.Among the report's significant conclusions is that the defined benefit form of pension plan is "inappropriate" for state and local governments because it leaves taxpayers open to enormous potential liabilities.

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Teach For America, Wendy Kopp's very visible nonprofit which sends some 5,000 new high-ranking college graduates into our nation's public schools annually to teach, has won plenty of plaudits and produced some notable graduates, including Newark public schools superintendent Cami Anderson and Michelle Rhee, former chancellor of the Washington, D.C. schools system. But education professor Nancy Carlsson-Paige of Lesley University doesn't think much of TFA, and so neither does her son, actor Matt Damon.
We all know that government programs never go away and even the highly publicized layoffs for government employees usually involve not filling vacant positions. But after the California state Supreme Court ruled in favor of the elimination of redevelopment agencies, as explained here in my City Journal California article, it seems likely that RDAs will have to slash staff once their February deadline arrives. The new successor agencies will have only limited authority to dispose of existing debt, so most RDA employees will have nothing to do. Of course, Democratic leaders have introduced a new bill that would extend the deadline and the crony capitalist community is busy pushing new ways to revive redevelopment in some limited format, although it's anyone's guess how they would fund them. For now, RDA employees are scurrying for new jobs in other agencies.

Too often politicians claim that entrenched interests make it impossible to reform broken systems. Specifically, Democrats cite the threat of retaliation by powerful public employee unions as the reason why they simply cannot challenge the status quo. But as hundreds of us learned first-hand yesterday afternoon at the wsj2.gifManhattan Institute's 2011 Urban Innovator Award Ceremony - in one of the darkest of blue states in the nation, Rhode Island - an intrepid leader named Gina Raimondo has cast politics aside and gotten results. As reported in today's Wall Street Journal, the first-term treasurer put math before politics, outlining the gravity of the Ocean State's pension crisis in simple terms that everyone could understand.

Some days it seems that California exists to confirm Churchill's maxim about "the confirmed unteachability of mankind." As public pension funds throughout the nation approach their day of fiscal reckoning, the Golden State continues whistling past the graveyard.

The latest unfathomable entry in the state's catalog of horrors: revelations that many cities in Orange County are paying both the employer and employee portions of pension contributions for public workers. Here are the disheartening particulars, courtesy of the Orange County Register's OC Watchdog blog:
California's Legislature reconvened in Sacramento Wednesday to take up a bevy of new bills and tackle seemingly intractable old problems. Topping the to-do list, of course, is the budget, which the nonpartisan Legislative Analyst's Office projects will reach $12 billion over the next year and a half. 

"The first day," reports the Sacramento Bee's Torey Van Oot, "brought more than a dozen new bills and renewed pushes for proposals that stalled last year." 

This legislature loves to make new laws more than most. Taxes and spending loom large, again. Governor Jerry Brown last year signed 745 bills, and California dominated this National Conference of State Legislatures' list of notable new laws that took effect on January 1. 

Most of those laws, and untold others, are useless. But, please, don't take our word for it.
Today, the Manhattan Institute is honoring Gina Raimondo, Rhode Island General Treasurer, with its annual Urban Innovator Award. Why? As Josh Barro writes in today's Washington Examiner, "Raimondo led Rhode Island to enact the boldest pension reform of any state in recent years." Many states have avoided structural reform and put off the pension mess for another few years. Not Rhode Island. The smallest state had one of the largest pension funding gaps in the country and Raimondo recognized that unless pension costs were put under control public services would eventually suffer too. Why was Raimondo able to win the backing of the state's top officials and legislative leadership? Tune in at noon and watch the LIVE web stream on PublicSectorInc.org to watch Gina Raimondo tell her tale.
Last month, I posted about how California's voter-approved proposal for statewide high-speed rail was plummeting in popularity thanks to dramatic increases in the program's projected costs (from $40 billion to almost $100 billion). Now, the Los Angeles Times is reporting another setback for those pining for a Golden State bullet train: the public-sector panel created to oversee the project doesn't think the California Legislature should make the initial bond issue of $2.7 billion. The reason? There's no viable business plan in place. Here are the ugly details:
A recent AEI report argues that public school teachers in America are overpaid.This is very hard thing to measure becauseTeacher-Salary-Math-Chalkboard.jpgcomparisons to the private school teachers are problematic and there aren't other comparable jobs in the private sector. The New York Times Room for Debate has some interesting essays on the issue. However, with the exception of Lisa Snell, almost everyone overlooks the expansion of the teacher workforce, which has spread money for salaries over more workers.
If you've ever engaged in debate with a public sector union leader or listened to one testify before a legislature or otherwise be DaVinci_LastSupper_high_res_2_nowatmrk.jpggrilled, you might find yourself muttering, "I can't believe he just said that."Over at Education Intelligence Agency blog, Mike Antonucci has his top 10 favorite quotes of 2011 from teachers' union officials, and every one of them is an "I can't believe he said that" moment.
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