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CLT UPDATE
Thursday, December 28, 2017

New surprises in a new year?


The law firm tapped to lead the state Senate’s probe into self-demoted President Stanley C. Rosenberg was once dubbed “one of the most politically connected” in Boston — with clients that included Rosenberg’s predecessor, Therese Murray — raising questions about whether retaliation-wary victims and witnesses will come forward.

The three Boston-based attorneys from Hogan Lovells serving as the Senate’s “primary” investigators all hail from Collora LLP, the longtime Boston firm that merged with Hogan Lovells — co-headquartered in London and Washington, D.C. — in September to give the global company its first office in the Hub.

Hogan Lovells has never had an official foothold in Boston, but Collora, whose High Street offices now serve as Hogan Lovells’ Boston home, had been a longtime player in the city.

Jody Newman, one of three Boston office partners hired by the Senate, was praised by Massachusetts Lawyers Weekly as one of the most influential attorneys in its 2009 “Power List.” The publication called her firm — then known as Dwyer & Collora — “one of the most politically connected firms in town,” and it's no stranger to the state Senate.

Former Senate President Therese Murray paid the firm nearly $25,000 between 2011 and 2015 for what campaign finance records called “professional” or “legal fees.” Murray reportedly hired the firm to represent her amid the U.S. attorney’s office investigation into the state probation scandal. She never faced charges, but she and other lawmakers racked up legal costs amid the scrutiny it brought on the Legislature....

Some senators, concerned about potential ties muddying the investigation, had publicly pushed the committee to look outside Massachusetts for a firm to lead the probe into whether Rosenberg broke any chamber rules....

The Senate committee has also refused to disclose what it’s paying Hogan Lovells. All six members either didn’t return requests or deferred comment yesterday to chairman Michael Rodrigues, who didn’t respond to several emails, calls and messages left at his office by the Herald.

Hours later, his office released a statement saying the probe’s “confidential resources” will be covered by existing Senate funds, and added that the public can track them “through the Comptroller’s public website.”

The state Comptroller’s website, however, doesn’t display any costs until after a payment is made. The Senate has not provided a timeline for the probe.

The Boston Herald
Wednesday, December 20, 2017
Firm probing Senate scandal is political power player


A team of lawyers, including a former federal prosecutor who helped put one-time House Speaker Sal DiMasi in prison for public corruption, has been retained by the Senate Ethics Committee to investigate whether Sen. Stanley Rosenberg violated Senate rules in connection with allegations of sexual assault against his husband.

The committee said Monday evening that it had chosen the global law firm of Hogan Lovells to conduct the investigation, with primary responsibility falling to attorneys Anthony E. Fuller, Jody L. Newman and Natashia Tidwell. The three attorneys are based in the firm's Boston office.

The legal team will now begin a review into allegations published in the Boston Globe that Rosenberg's husband Bryon Hefner made unwanted sexual advances on at least four men who do business on Beacon Hill, and claimed to wield influence over policy decisions in the Senate....

"The Committee is confident that these well-qualified lawyers – who have extensive experience investigating alleged misconduct in both the public and private sectors – will fully and fairly conduct the investigation ordered by the Senate," the Ethics Committee, chaired by Sen. Michael Rodrigues of Westport, said in a statement.

Prior to the announcement, one state senator not on the committee had suggested that it would look to bring in someone from out-of-state with no ties to Beacon Hill.

State House News Service
Monday, December 18, 2017
Ethics Committee chooses Boston-based attorney for Rosenberg probe


Half empty, half full, or just half? That's the state's revenue-generating cup the ever-conservative Massachusetts Taxpayers Foundation always measures halfway through the fiscal year.

And this time, unlike recent fiscal years, that curmudgeonly group has to admit that we're in pretty good fiscal shape -- with a few caveats of course.

The state's meeting its tax-receipt projections, thanks in part to more than $200 million in unexpected revenue, which means that for the first time since 2014, there's no need to make a downward revenue adjustment.

Up to this point, the Baker administration hasn't made any spending cuts, despite the Democrat-controlled Legislature's several overrides of his budget vetoes, and its refusal to go along with the governor's MassHealth reassignments, a potential $85 million savings....

Not so fast, warn the MTF's Belichickian bean counters. There's uncertainty on the horizon -- just in time for the next election cycle.

Historically, tax collections have faltered in the second half of fiscal years; that period begins in January.

The MTF review warns it would be "dangerous" and a "mistake" to assume the trend over the first five months of the fiscal year will hold through the remainder, with the state's three largest collection months coming up -- January, April and June.

And any extra cash should be used to cover expenses in existing underfunded accounts -- including indigent legal defense costs, expected snow removal bills, and costs tied to family homelessness.

And whatever one-time corporate revenue bump that might come from Congress' recently passed federal tax-reform package could be offset if the ballot measure to trim the state's sales tax from 6.25 to 5 percent passes. Also, a legal challenge puts that so-called "millionaires" tax surcharge referendum in jeopardy. Proponents expected that 4 percent additional tax on all income over $1 million to generate $2 billion annually....

So while spend-happy lawmakers might call the MTF's report pessimistic, we'd call it realistic. It states the obvious; the only thing you can predict with certainty is the potential volatility of the state's finances through the remainder of the fiscal year.

That calls for a steady, fiscally responsible hand at the helm, which is what our Republican governor provides.

A Lowell Sun editorial
Saturday, December 23, 2017
State's fiscal health bears a prudent diet


Chip Ford's CLT Commentary

"The Senate Ethics Committee has promised to bring in an investigator from outside Massachusetts without local connections or loyalties, but has not yet committed to releasing the investigator's findings to the public. Watch for a classic Bay State 'nationwide search.'"

I wrote that on December 13 in my commentary for the CLT Update "The many moving parts."

No matter how cynical I get it's never cynical enough.  Clearly one does not need to be a Nostradamus to read Beacon Hill tea leaves.

The denizens of Beacon Hill are just so darned predictable the same lame responses, same routines over and over.  There is not one whit of creativity, thought, or concern for constituents' reaction among those who make the laws under which we must live.

What a difference a year makes.  On January 4 of this year the State House News Service reported:

Senate President Stanley Rosenberg on Wednesday embarked on his second term as the top Democrat in the upper chamber, outlining an ambitious, if challenging, agenda for the coming two years that could bump up against the priorities of a more moderate and business-friendly House and a governor focused on controlling growth in government....

In remarks to members as the new legislative session got underway, the 67-year-old laid out a series of goals, many of which would require significant new spending at a time when officials on Beacon Hill have been trying to match soft revenue growth with persistent spending demands. Gov. Charlie Baker recently slashed $98 million from the budget that Democrats have threatened to restore, and Rosenberg said "cutting is not our best strategy."...

"I believe we need to invest our way to success," Rosenberg said.

Our legislators started this past year with a constitutionally-mandated automatic pay raise of four percent.  On January 10 The Salem News reported:

Lawmakers returning to Beacon Hill will see bigger paychecks, with a pay raise that gives them the sixth-highest salary among full-time state legislators....

The pay hikes keep Bay State lawmakers among the country's highest paid. California pays its legislators $100,000 a year, Pennsylvania pays $85,339 a year, and New York pays $79,500, according to the National Conference of State Legislatures.

In New Hampshire, part-time legislators get stipends of $200 a year. Connecticut pays part-time legislators $28,000 a year, Rhode Island $15,414 and Maine up to $14,074.

Massachusetts has one of the 10 full-time legislatures in the country, according to the group....

Tax watchdogs say the voter-approved constitutional amendment that requires legislative pay adjustments in fact allows lawmakers to duck a politically sensitive vote to give themselves a raise.

“We’re the only state in the country where lawmakers get a constitutionally mandated pay raise,” said Chip Ford, executive director of the Marblehead-based Citizens for Limited Taxation. “If you want a raise, you should at least be required to vote publicly for it."

More was not enough for the trough-feeders.  Just a week later CLT discovered and exposed the Legislature's stealth scheme to fatten themselves even more at taxpayer expense concocted in secret over their last long holiday vacation by Rosenberg and House Speaker Robert DeLeo.  Our CLT News Release of January 18 blew their secret plan wide open:  "Legislators back for more pay raises despite state Constitution." The next day news media all over the state who'd received our news release were all over the disgusting conspiracy ("Committee hears unconstitutional pay raise proposal").

Publically exposed, it took only a week for the state House of Reprehensibles to slam through a vote passing their obscene pay grab and race it over to the state Senate for its rubber-stamp with blinding speed.

The rest of this shameless raid on the state treasure is history which we've documented in great detail so it is easily available, will be remembered, and hopefully will lead to consequences when these gluttonous legislators, alleged "public servants," stand for re-election in November.

At least with Rosenberg forced from the senate presidency during this long holiday vacation, now in the midst of scandal, distracted by this chaos maybe the Beacon Hill cabal has been too preoccupied to devise another scam to spring on us in the next week or two.  Maybe the coming new year will be less of a threat for us taxpayers.

Maybe but somehow I doubt it.

A new year, 2018, begins in only days new challenges undoubtedly will confront us taxpayers.  They always do.  Hopefully none will be sprung on us so abruptly, but whatever, whenever the next assault on taxpayers, we hope to be just as prepared to respond as we did last January and have all during 2017.

 

Chip Ford
Executive Director


 
The Boston Herald
Wednesday, December 20, 2017

Firm probing Senate scandal is political power player
By Matt Stout


The law firm tapped to lead the state Senate’s probe into self-demoted President Stanley C. Rosenberg was once dubbed “one of the most politically connected” in Boston — with clients that included Rosenberg’s predecessor, Therese Murray — raising questions about whether retaliation-wary victims and witnesses will come forward.

The three Boston-based attorneys from Hogan Lovells serving as the Senate’s “primary” investigators all hail from Collora LLP, the longtime Boston firm that merged with Hogan Lovells — co-headquartered in London and Washington, D.C. — in September to give the global company its first office in the Hub.

Hogan Lovells has never had an official foothold in Boston, but Collora, whose High Street offices now serve as Hogan Lovells’ Boston home, had been a longtime player in the city.

Jody Newman, one of three Boston office partners hired by the Senate, was praised by Massachusetts Lawyers Weekly as one of the most influential attorneys in its 2009 “Power List.” The publication called her firm — then known as Dwyer & Collora — “one of the most politically connected firms in town,” and it's no stranger to the state Senate.

Former Senate President Therese Murray paid the firm nearly $25,000 between 2011 and 2015 for what campaign finance records called “professional” or “legal fees.” Murray reportedly hired the firm to represent her amid the U.S. attorney’s office investigation into the state probation scandal. She never faced charges, but she and other lawmakers racked up legal costs amid the scrutiny it brought on the Legislature.

Neither Newman, nor attorneys William Fuller or Natashia Tidwell, returned multiple calls yesterday.

The firm said in a statement it has set up both an email (MASenateInvestigation@hoganlovells.com) and a phone number (855-281-7775) for people to confidentially provide information.

Some senators, concerned about potential ties muddying the investigation, had publicly pushed the committee to look outside Massachusetts for a firm to lead the probe into whether Rosenberg broke any chamber rules.

Both Fuller and Tidwell are former prosecutors, with Fuller serving on the U.S. Attorney’s office’s team that scored a bribery conviction of ex-Speaker of the House Salvatore DiMasi in 2011.

“Hogan Lovells is committed to conducting a full, fair and independent investigation,” Fuller said in the statement, “and we encourage any witnesses and potential victims to contact us as soon as possible.”

Rosenberg stepped down from his post earlier this month amid allegations his husband sexually assaulted or harassed four men while bragging about the sway he held over Senate business.

The Senate committee has also refused to disclose what it’s paying Hogan Lovells. All six members either didn’t return requests or deferred comment yesterday to chairman Michael Rodrigues, who didn’t respond to several emails, calls and messages left at his office by the Herald.

Hours later, his office released a statement saying the probe’s “confidential resources” will be covered by existing Senate funds, and added that the public can track them “through the Comptroller’s public website.”

The state Comptroller’s website, however, doesn’t display any costs until after a payment is made. The Senate has not provided a timeline for the probe.
 

State House News Service
Monday, December 18, 2017

Ethics Committee chooses Boston-based attorney for Rosenberg probe
By Matt Murphy


A team of lawyers, including a former federal prosecutor who helped put one-time House Speaker Sal DiMasi in prison for public corruption, has been retained by the Senate Ethics Committee to investigate whether Sen. Stanley Rosenberg violated Senate rules in connection with allegations of sexual assault against his husband.

The committee said Monday evening that it had chosen the global law firm of Hogan Lovells to conduct the investigation, with primary responsibility falling to attorneys Anthony E. Fuller, Jody L. Newman and Natashia Tidwell. The three attorneys are based in the firm's Boston office.

The legal team will now begin a review into allegations published in the Boston Globe that Rosenberg's husband Bryon Hefner made unwanted sexual advances on at least four men who do business on Beacon Hill, and claimed to wield influence over policy decisions in the Senate.

Fuller was part of the federal prosecution team that convicted DiMasi of accepting kickbacks in exchange for steering state software contracts to a client of his associates.

As an assistant U.S. attorney on the organized crime strike force unit in 2009, Tidwell was part of a pair that prosecuted the case against alleged La Cosa Nostra underboss Carmen DiNunzio, who was sentenced to six years in federal prison after pleading guilty to conspiring to bribe a state official to obtain a contract to provide loam to the Massachusetts Highway Department for the Big Dig.

Newman, according to her biography on the Hogan Lovells website, is "skilled at investigating high-risk claims in the workplace and on college campuses" and has "developed and conducted individualized employment law and professionalism trainings for businesses large and small."

"The Committee is confident that these well-qualified lawyers – who have extensive experience investigating alleged misconduct in both the public and private sectors – will fully and fairly conduct the investigation ordered by the Senate," the Ethics Committee, chaired by Sen. Michael Rodrigues of Westport, said in a statement.

Prior to the announcement, one state senator not on the committee had suggested that it would look to bring in someone from out-of-state with no ties to Beacon Hill.

The Senate Ethics Committee launched its inquiry on Dec. 5, and put a two-week timeline on the hiring of an investigator – a self-imposed deadline that it met with the hiring Monday night. Though there is no timeline for the attorneys to conduct the inquiry, the Ethics Committee said it has asked that it be done "as soon as practicable, without sacrificing thoroughness or attention to detail."

At its initial meeting, the six-member ethics panel put a heavy emphasis on making sure victims felt comfortable speaking with investigators and confident that they would not pay a professional price for coming forward.

"I am deeply disturbed by these allegations which jeopardize the integrity of the Senate. Sexual harassment and assault have no place in the Massachusetts state Senate or any workplace. I am committed to a fair and thorough review of the facts as well as a process that ensures confidentiality for any person who has any information to report on sexual harassment or sexual assaults," Rodrigues said.

The investigative team in in the process of setting up a toll-free phone number and email address for people to provide relevant information.

The other members of the committee are Democrats William Brownsberger, Cynthia Creem and Cindy Friedman and Republican Sens. Bruce Tarr and Richard Ross.

The committee is now expected to largely step back and let the investigator take over.

"Our role as committee members is not to conduct the investigation, but rather set in pace the mechanisms for discovering the truth and allowing this investigator to proceed without delay or any impediments by this committee," Rodrigues said at the initial meeting.

The committee said Monday that it does not anticipate making any other public statements until the independent investigators have completed their work and submitted a report to the committee for review.

The investigator, according to an order adopted by the Senate initiating the probe, is to have "full access" to Rosenberg's office and his staff, and the Ethics Committee was authorized to compel witness testimony and the production of "books and papers and such other records" by summons.

Once the investigator completes his or her work, it will up to the Ethics Committee to review the findings and make a recommendation to the full Senate. The options for the committee would be to take no action at all, to reprimand Rosenberg, or to recommend expulsion.


The Lowell Sun
Saturday, December 23, 2017

A Lowell Sun editorial
State's fiscal health bears a prudent diet


Half empty, half full, or just half? That's the state's revenue-generating cup the ever-conservative Massachusetts Taxpayers Foundation always measures halfway through the fiscal year.

And this time, unlike recent fiscal years, that curmudgeonly group has to admit that we're in pretty good fiscal shape -- with a few caveats of course.

The state's meeting its tax-receipt projections, thanks in part to more than $200 million in unexpected revenue, which means that for the first time since 2014, there's no need to make a downward revenue adjustment.

Up to this point, the Baker administration hasn't made any spending cuts, despite the Democrat-controlled Legislature's several overrides of his budget vetoes, and its refusal to go along with the governor's MassHealth reassignments, a potential $85 million savings.

That's the good news. We all know that even in the most trying times, lawmakers have no problem finding ways to spend the taxpayers' money -- a spendthrift attitude that continually clashes with the Corner Office's fiscal prudence. The governor's declaration in October that he's putting earmarked spending on hold indefinitely already has caused tension with the Legislature. So we can only assume legislators are already salivating over the prospect of a revenue surplus.

Not so fast, warn the MTF's Belichickian bean counters. There's uncertainty on the horizon -- just in time for the next election cycle.

Historically, tax collections have faltered in the second half of fiscal years; that period begins in January.

The MTF review warns it would be "dangerous" and a "mistake" to assume the trend over the first five months of the fiscal year will hold through the remainder, with the state's three largest collection months coming up -- January, April and June.

And any extra cash should be used to cover expenses in existing underfunded accounts -- including indigent legal defense costs, expected snow removal bills, and costs tied to family homelessness.

And whatever one-time corporate revenue bump that might come from Congress' recently passed federal tax-reform package could be offset if the ballot measure to trim the state's sales tax from 6.25 to 5 percent passes. Also, a legal challenge puts that so-called "millionaires" tax surcharge referendum in jeopardy. Proponents expected that 4 percent additional tax on all income over $1 million to generate $2 billion annually.

And this doesn't factor in any decrease in federal support that helps subsidize the cost of health insurance bought through the Affordable Care Act's exchanges. Massachusetts has already committed to keeping its health-insurance system -- known previously as RommeyCare -- fully funded.

So while spend-happy lawmakers might call the MTF's report pessimistic, we'd call it realistic. It states the obvious; the only thing you can predict with certainty is the potential volatility of the state's finances through the remainder of the fiscal year.

That calls for a steady, fiscally responsible hand at the helm, which is what our Republican governor provides.

 

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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