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CLT UPDATE
Friday, July 17, 2009

Beacon Hill pols diss public at hearing


Outraged attendees of a Tuesday Judiciary Committee hearing are fuming over the committee’s decision to hear 227 bills – many of them controversial – in a single day, forcing committee leaders to cut off testimony from speakers on a range of topics, from gun violence, to sexual assault and a bill to add gender identity to the state’s non-discrimination statute....

“It’s an old-school M.O. that has no place in a modern legislature,” said Brian Condron, director of public affairs at the Home for Little Wanderers. “It’s crazy and they do this every year ... It really has no place in a modern legislature in an age of transparency.”

Frustration was visible throughout usually spacious Gardner Auditorium, which was packed to capacity, with an overflow crowd into the hallway. A state trooper and two park rangers stood watch at the door. Advocates for various bills privately questioned why the committee would schedule so many contentious bills for one hearing, and some said they would have to leave without testifying because of the long waits.

Adding to a chaotic atmosphere, lawmakers who serve on the committee frequently moved in and out of the room to cast votes during a busy House session, at one point leaving Creem as the lone member on the panel. At one point, Rep. Robert Rice told a packed elevator of people exiting the hearing to clear out and make way for House members on their way to a vote....

“The people’s work is supposed to be done in a timely fashion, but not at the cost of the democratic process,” the House GOP wrote on its blog. “It is the status quo on Beacon Hill and until our Democratic colleagues are willing to work with us and make the process more efficient, unfortunately more situations like the one we are encountering today will most likely happen again.”

Three-and-a-half hours into the hearing, testimony hadn’t yet begun on the most-anticipated bill of the day for many in the audience, legislation adding protections for transgender people to the state non-discrimination statute.

State House News Service
Tuesday, July 14, 2009
Anger, frustration as packed Judiciary hearing
forces rushed remarks


Massachusetts has a full-time Legislature but not enough time to take testimony on legislation.

How’s that for an expensive irony! ...

The committee knew all this - they even made sure to reserve the spacious Gardner Auditorium. But for two and a half hours, according to the State House News Service, they stuck with that tiresome practice of giving lawmakers priority over the regular Joes who have dragged themselves to Beacon Hill on a weekday to testify....

Now that’s democracy in action.

Well, not even close, actually. But it’s really just the latest example of the governing philosophy at the State House these days - the people’s business doesn’t much involve the actual people anymore. With taxpayers suffering, O’Flaherty, Creem and their colleagues might want to at least appear as if they’re earning their generous salaries, and not just going through the motions.

A Boston Herald editorial
Thursday, July 16, 2009
Hearing impaired


Apparently, state lawmakers are done listening to the people.

Why else would the Legislature's Judiciary Committee schedule testimony on a stunning 227 bills Tuesday? The cynical move all but guaranteed the hundreds of citizens hoping to be heard would go home disappointed and disillusioned....

Needless to say, Richardson didn't get a chance to speak. She — and the other citizens who packed the hearing room Tuesday — deserved better from their elected representatives.

A Salem News editorial
Thursday, July 16, 2009
Stacked agenda shut out citizens


Chip Ford's CLT Commentary

Monday's Judiciary Committee hearing on Beacon Hill provides the latest example of the utter contempt in which our legislators-for-life hold us mere serfs.  Public hearings have never been much more than legislative committees going through the motions, putting on a show, then doing as they intended all along.  But at least in the past they made an effort for the sake of appearance.

For those who've never attended one of these dog-and-pony shows, they go like this:

You prepare your testimony, your presentation, then drive into Boston, pay an exorbitant price to park by the hour, march up Beacon Hill to the State House, find the proper room for the hearing.  Those in the know get there early, so they can put their name on the sign-in sheet reasonably near the top of the list, so they'll get called early.  But early is relative for a mere citizen.

When the committee opens its hearing, calls the bill to be heard, legislators step up to the head of the line -- one after another, a parade of them.  The public sits on its hands, patiently awaiting its turn to testify.  Legislators continue meandering into the room at their leisure, strutting to the head of the line until finally there are no more.  It's not as if they don't see each other around the State House, don't have an opportunity to express their views (bend arms, trade votes, etc.) while the public's not waiting or watching.  These are "important" people, their time is so much more valuable than ours.  It's a dog-and-pony show at the expense of the public's time, making a farce of civic participation.

The committee -- at least a majority of it -- is usually present at the beginning.  But as the day wears on, one by one they disappear.  By the middle of a hearing you're lucky if more than a chairman or two are still in the room.  These are very busy people, you know, presumably doing the people's business -- somewhere else.

Hours later you finally get your chance to speak.  You might be asked a question or two -- it they don't like your position -- but more often you get a few nods from the chair and a thank you when you're done.  The committee's going to vote how it was going to vote when the hearing opened, anyway; whatever the leadership wants.  You feel good just that you were there speaking truth to power.  At least they can't later say "Nobody opposed our bill."

It's frustrating, infuriating being treated as just a nuisance, so much annoyance -- but that's the way it is, or was.

It's become even worse.  Committee members have become so arrogant, self-assured of reelection, feel so invincible that they're no longer even making a pretense of public hearings.  They're merely going through the motions, just getting the process over with.  227 bill in one day?  That's obviously absurd, but why drag out hearings when they already know the results, why waste their precious time?  Besides, how long can the hoi polloi endure being ignored before they just -- go away and stop bothering them?  Sooner or later the unwashed masses will be worn down, give up, go home.

This is what their assured reelection has given us.  It's getting hard to believe that such arrogance and disrespect can get any worse -- but each day we see it happening, becoming more blatant.

The election of 2010 can't get here fast enough.  These self-anointed aristocrats must be slapped down if democracy is to one day be restored, they must be turned out of office -- defeated at the polls.  That is the only salvation for the people of Taxachusetts.  Nothing else matters any more.  Nothing else will until The Turnover of 2010.

Grit your teeth for now, then work hard and vote out every legislator who's dissing us.

Chip Ford


State House News Service
Tuesday, July 14, 2009

Anger, frustration as packed Judiciary hearing
forces rushed remarks
By Kyle Cheney


Outraged attendees of a Tuesday Judiciary Committee hearing are fuming over the committee’s decision to hear 227 bills – many of them controversial – in a single day, forcing committee leaders to cut off testimony from speakers on a range of topics, from gun violence, to sexual assault and a bill to add gender identity to the state’s non-discrimination statute.

More than a few eyebrows were raised during a marathon hearing Tuesday when the Senate chair of the committee, Cynthia Creem (D-Newton), cut off Secretary of Public Safety Kevin Burke and asked him to hurry his testimony on an administration-backed bill aimed at preventing gun violence.

“It’s an old-school M.O. that has no place in a modern legislature,” said Brian Condron, director of public affairs at the Home for Little Wanderers. “It’s crazy and they do this every year ... It really has no place in a modern legislature in an age of transparency.”

Frustration was visible throughout usually spacious Gardner Auditorium, which was packed to capacity, with an overflow crowd into the hallway. A state trooper and two park rangers stood watch at the door. Advocates for various bills privately questioned why the committee would schedule so many contentious bills for one hearing, and some said they would have to leave without testifying because of the long waits.

Adding to a chaotic atmosphere, lawmakers who serve on the committee frequently moved in and out of the room to cast votes during a busy House session, at one point leaving Creem as the lone member on the panel. At one point, Rep. Robert Rice told a packed elevator of people exiting the hearing to clear out and make way for House members on their way to a vote.

Because the committee adheres to a common legislative practice to take testimony from legislators and elected officials before members of the public, a line of nearly 20 lawmakers occupied most of the committee’s time for the first two-and-a-half hours of the hearing, which began at noon. Attorney General Martha Coakley, as well as Lt. Gov. Tim Murray and Secretary Burke, were also allowed to testify out of turn. Hundreds of people who came to tell sometimes-emotional stories about – to name a few – murdered family members, rape and gang violence, waited to testify.

House Republicans used the occasion to point out that Democrats haven’t supported their proposals to prevent such occurrences, in part by attempting to prevent such major scheduling conflicts.

“The people’s work is supposed to be done in a timely fashion, but not at the cost of the democratic process,” the House GOP wrote on its blog. “It is the status quo on Beacon Hill and until our Democratic colleagues are willing to work with us and make the process more efficient, unfortunately more situations like the one we are encountering today will most likely happen again.”

Three-and-a-half hours into the hearing, testimony hadn’t yet begun on the most-anticipated bill of the day for many in the audience, legislation adding protections for transgender people to the state non-discrimination statute. The committee, which initially blocked off 2:30 p.m. to 6 p.m. for testimony solely on that bill, pushed the start to 3:30 p.m. to allow members of the public to testify on other proposals.

Secretary Burke spoke on H 4102, Gov. Deval Patrick’s proposal aimed at combating gun trafficking and preventing gang violence. The bill would bring Massachusetts into compliance with a federal law – passed in the wake of the mass-shooting at Virginia Tech University – that requires states to submit various personal data to the federal government to determine whether prospective gun buyers are fit to purchase firearms. Data that would be transmitted includes whether individuals have been committed to mental institutions or are addicted to any controlled substances, according to Burke.

Other bills that drew throngs of advocates to the hearing included one (H 344) to ban the devocalization of dogs. Devocalization is a process in which a dog’s vocal cords are cut or removed. Backers of the bill say the procedure causes unnecessary harm to dogs, puts dog-owners at risk of being bitten without warning and can lead to infection of dogs’ throats. Sen. Scott Brown (R-Wrentham) spoke in support of the bill, saying it was brought to his attention by a 15-year-old in his district. The bill was filed by Rep. Lida Harkins (D-Needham).

Other bills on which the committee took testimony included:

S 1559: A proposal to require courthouses to designate separate, safe spaces for crime victims and ensuring access to court proceedings for victims with disabilities.

H 1614: A proposal, backed by Attorney General Martha Coakley, to increase the maximum penalty for corporate manslaughter from $1,000 to $250,000. The proposal, filed by Judiciary Committee co-chair Rep. Eugene O’Flaherty, was aimed, in part, at Powers Fasteners, a company that Coakley prosecuted for providing the fast-set epoxy that failed in a fatal collapse of a Big Dig ceiling panel.

H 1668: A bill to include stepfamily members in incest laws. Rep. Elizabeth Poirier filed the petition, she said, when she learned that a constituent raped by her stepfather could not bring charges under existing incest laws.

S 1668: A proposal to remove three pre-Roe v. Wade, unenforced provisions of the General Laws that prohibit anyone from performing or advertising abortion services, or manufacturing devices used to perform abortions.

H 1423: Also known as Melissa’s Law, a proposal to classify habitual violent offenders and ensure they serve the maximum sentence for their most recently committed crimes. The bill was named for Melissa Gosule, who was murdered by a repeat offender who picked her up on the side of the road after her car broke down.

S 1757: A bill that would require jail time of 90 days to two-and-a-half years and fines of $500 to $5,000 for assaulting an on-duty nurse. The proposal garnered some tearful testimony from nurses who said they had been “punched, kicked, spit at and slapped” while caring for patients, some of whom had mental disabilities.

As of 5:45 p.m., Gardner Auditorium was still nearly full, with advocates for and against the gender identity bill testifying. Supporters of the legislation predicted at least another two hours of testimony.


The Boston Herald
Thursday, July 16, 2009

A Boston Herald editorial
Hearing impaired


Massachusetts has a full-time Legislature but not enough time to take testimony on legislation.

How’s that for an expensive irony!

Yes, on Tuesday the Judiciary Committee - co-chaired by Rep. Eugene O’Flaherty (D-Chelsea) and Sen. Cynthia Stone Creem (D-Newton) - scheduled a single hearing to take testimony on a whopping 227 bills. And while packed hearing agendas are not unheard of when bills are routine and noncontroversial, that wasn’t the case on Wednesday.

The committee was airing some highly sensitive legislation - bills that would toughen the penalties for gun crimes, for example, and bills addressing hate crimes and sexual violence. The family of a 27-year-old murder victim planned to testify on legislation that would increase the maximum sentence for repeat offenders. And Attorney General Martha Coakley’s Big Dig-inspired bill to increase the minimum fine for corporate manslaughter from $1,000 to $250,000 was on the docket, too.

The committee knew all this - they even made sure to reserve the spacious Gardner Auditorium. But for two and a half hours, according to the State House News Service, they stuck with that tiresome practice of giving lawmakers priority over the regular Joes who have dragged themselves to Beacon Hill on a weekday to testify.

The agenda drew so much interest that security officials eventually had to block access to the room because of overcrowding. And the hearing coincided with a formal House session, so reps had to scurry in and out between roll calls.

Now that’s democracy in action.

Well, not even close, actually. But it’s really just the latest example of the governing philosophy at the State House these days - the people’s business doesn’t much involve the actual people anymore. With taxpayers suffering, O’Flaherty, Creem and their colleagues might want to at least appear as if they’re earning their generous salaries, and not just going through the motions.


The Salem News
Thursday, July 16, 2009

A Salem News editorial
Stacked agenda shut out citizens


Apparently, state lawmakers are done listening to the people.

Why else would the Legislature's Judiciary Committee schedule testimony on a stunning 227 bills Tuesday? The cynical move all but guaranteed the hundreds of citizens hoping to be heard would go home disappointed and disillusioned.

"It's an old-school M.O. that has no place in a modern legislature," Brian Condron, director of public affairs at the Home for Little Wanderers told the State House News Service. "It's crazy and they do this every year. ... It really has no place in a legislature in an age of transparency."

Transparency, it is worth noting, was one of the key buzzwords during this spring's debate over ethics reform. While legislators did pass an ethics reform bill, Tuesday's Judiciary Committee hearing gave lie to the claim that the culture was changing on Beacon Hill.

Here's how the State House News Service described the scene:

"Adding to a chaotic atmosphere, lawmakers who serve on the committee frequently moved in and out of the room to cast votes during a busy House session, at one point leaving (State Sen. Cynthia) Creem as the lone member on the panel. At one point, Rep. James Fagan, D-Taunton, told a packed elevator of people exiting the hearing to clear out and make way for House members on their way to a vote.

"Because the committee adheres to a common legislative practice to take testimony from legislators and elected officials before members of the public, a line of nearly 20 lawmakers occupied most of the committee's time for the first 21âÑ2 hours of the hearing. Attorney General Martha Coakley, as well as Lt. Gov. Tim Murray and (Public Safety Secretary Kevin) Burke, were also allowed to testify out of turn. Hundreds of people who came to tell sometimes-emotional stories about ... murdered family members, rape and gang violence, waited to testify."

One of those hoping to testify was Charlene Richardson, a former ER nurse at Beverly Hospital who was brutally assaulted by a patient she was treating in 2003. Richardson hoped to testify on a bill that would make assaulting a health care worker on duty a specific crime with its own set of penalties.

Needless to say, Richardson didn't get a chance to speak. She — and the other citizens who packed the hearing room Tuesday — deserved better from their elected representatives.


NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml


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