Friday, Nov. 16, 2007
(Issue 6.46)


PUBLICATION NOTE:

Statehouse Report will not publish next week in observance of the Thanksgiving holiday. We'll be back Nov. 30 with a special new look for you to preview.

index

NUMBER OF THE WEEK: 2

NEWS: To parole or not to parole

AGENDA: Talking turkey

RADAR SCREEN: Commerce under scrutiny

PALMETTO POLITICS: Transparent spin

COMMENTARY: Shine wears off Sanford's armor

McLEMORE'S WORLD: Look at Grandma

FEEDBACK: Recent feedback

SC ENCYCLOPEDIA: Avery Normal Institute

BLOGROLL: Right-wing pragmatism

SCORECARD: Who's up and down for the last week

MEGAPHONE: Get our your flak jackets

AVAILABLE NOW: Furman University's Don Gordon has great things to say about Andy Brack's book of commentaries, "Bugging the Palmettos." Click here to learn more and buy the book.

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2

HUNGER UP. Some 14.7 percent of South Carolina residents were struggling with hunger, according to a new report by the U.S. Department of Agriculture. The S.C. Appleseed Legal Justice Center says that means South Carolina ranks second highest in the country for people with very low food security.More: USDA.


To parole or not to parole
SC Attorney General Henry McMaster pushes for the latter

By Bill Davis, Editor


Davis

NOV. 16, 2007 -- Just what should South Carolina, and by extension, America, do with its crackheads and junkies?

That's really the question being posed by SC Attorney General Henry McMaster's renewed call this week to abolish parole for state crimes.

"Certainly, we may have overreacted in the past in our haste to stop drug crimes," McMaster explained this week, commenting on mandatory sentencing as a response to the surge in crack cocaine's popularity in American drug culture beginning in the 1980s. "There's no doubt, [drug use] is a horrible thing, but we need now to reexamine the situation and say, the answer is not to send people to jail on their first drug offense."

This week, the federal government began debating whether it should liberalize the process of releasing those convicted in federal court of certain cocaine-related offenses.

Meanwhile, McMaster's solution is to save jail for criminals who deserve jail, not the people who may have "gotten into scrapes or snatched a pocketbook."


McMaster, right, at a Columbia news conference. At left is Rep. Murrell Smith, R-Sumter. (Photo courtesy SC Attorney General's office.)

To free up $19,000-a-year berths in state prisons, he wants to create new rung of courts - a so-called "middle court" program similar to drug courts around the state that give judges direct and immediate discretion on those falling afoul of state drug laws.

Under McMaster's plan, judges would be allowed more alternative sentencing latitude to assign non-violent crime committers to halfway houses, public service hours and drug treatment.

Those not meeting conditions of the diverted sentencing could be remanded on the spot back into custody, even if just for an eye-opening few days, like McMaster said he's seen done in a Richland County drug court held every Monday evening.

But as with all things in government, McMaster's plan would come at a cost - - a cost that's sure to be debated in halls and task force meetings before potentially becoming the dominant early issue when the 2008 legislative session begins in January.

But ending parole would be costly

If parole were done away with today - - which can't happen because it would be an ex poste facto maneuver - - then much of the state's some 23,000 inmates would see their incarceration time lengthen. And that would be a very costly maneuver.

"We need to face the fact that the current system is already running at full capacity," said Sen. Gerald Malloy (D-Hartsville), chair of the Senate's Criminal Justice Task Force..

He said McMaster's call to end state probation would be discussed at task force meetings in the coming weeks.

Echoing comments made this week by SC Department of Corrections Director Jon Ozmint, Malloy wondered whether the legislature would be willing to spend the money he thought it would take to build enough prison to accommodate longer, more truthful sentences.

McMaster replied to the criticism, saying the cost of a safer society was priceless. Additionally, he pointed out that a similar move in Virginia actually slowed the swelling of that state's prison population over the past decade. (Ozmint differed with this assertion in various media reports.)

Following the federal lead

Twenty years ago, the federal government did away with parole by going to a truth-in-sentencing formula that ensures those convicted serve at least 85 percent of their time. Following the fed's lead, South Carolina removed parole in major crimes, those generally receiving sentences of 20 or more years, in the mid-1990s.

"I've got about 17 pages of crimes in South Carolina that you can't get parole for, and about 43 pages where a person still can," complained McMaster, who'd like to see the latter number drop to zero.

"Did you know that someone convicted of an Internet sex crime involving a minor in South Carolina might only serve 25 percent of the time they are sentenced to?" asked McMaster, who said he thought it was a sentencing judge's job to decide at trial when a criminal got out of jail, not a parole board's.

State Rep. Jim Harrison (R-Columbia), chair of the Judiciary Committee in the House and sponsor of McMaster's bill in that body, said while a judge knew how many years he had to give a man to keep him off the street, state parole put the sentencing judge into a "guessing" situation as to how many years a con would actually end up doing.

FEEDBACK POLICY

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McMaster's example for getting rid of parole is a Horry County man who allegedly stabbed to death a 63-year-old woman while her house burned after being released early from a previous conviction. When asked why he was using a man who hadn't even been convicted of the heinous crime as his example, McMaster bristled, saying he had hundreds of other examples.

Political observers say they see McMaster's push for no more parole to be a prelude to the 2010 governor's race, which McMaster said was "baloney" as he had favored doing away with parole since he ran for office in 1990.

"While we're at it, why don't we do away with parole, sin, and depravity," joked J. David Woodard, a political science professor at Clemson University for the past 25 years and a conservative political consultant who is currently co-authoring a book with US Sen. Jim DeMint.

While Woodard said McMaster's posturing doesn't rise to the level of former Attorney General Charlie Condon's "faxing out his daily accomplishments," he does see it as a politically-motivated move. But, because of the complexity of the issues involved, he wonders if it will be enough to encourage Joe Lunchpail to exclaim, "This is the reason to elect him next year!"

Crystal ball: Getting tough on crime is an election year tradition, so expect a lot of support and a lot of bluster come January with everyone's seat in the Statehouse up for grabs. McMaster's proposal does put the state GOP in a potentially odd position. How will it balance tough-on-crime stances with desires to keep taxes down? Prisons are very, very expensive and there appears to be real concern in Columbia as to how the Department of Corrections is being run under Ozmint? The linchpin will be the traction McMaster can generate for the "middle courts" idea. If that gets support and can be proven to work satisfactorily, then the end of parole in South Carolina may be imminent.

Bill Davis is editor of SC Statehouse Report. You can reach him at billdavis@statehousereport.com.


Talking turkey

With Thanksgiving break looming, turkey will be about the only thing Columbia is talking about.

  • Legislators from both chambers will meet Monday, Nov. 19, at 10 a.m. in the Blatt Building for the Education Oversight Committee, and again the next day, Tuesday, Nov. 20, at 10 p.m. in the Gressette Building for the Broadband, Technology and Communications Study Committee.

  • The Senate will host a Spending Caps Study Committee public hearing on Tuesday, Nov. 20, at 6 p.m. at Greenville Technical College.


Commerce under more scrutiny

With radar screens pinging across the state after Gov. Mark Sanford's team appeared to be caught with its hand in the Competitive Grants cookie jar, another cabinet agency is beginning to get more and more scrutiny: the Department of Commerce.

There reportedly has been concern in the Statehouse over the governor's legislative goal of placing all industry tax-relief incentive programs under Commerce's auspices. Why? One, because legislators have always been leery of sharing power with the governor, especially Sanford. Two, because it would mean they would no longer have the ability to lure business and jobs to South Carolina.

As one observer quipped, "Economic development abhors a vacuum." That has led to localities having to hire more professional economic developers, who are working hard in spite of the state office. So, after reviewing the job Commerce has done, as well as the $65 million it is sitting on, expect criticism from legislators to increase.


Transparent spin

Gov. Mark Sanford was in full spin mode this week after Sen. Jake Knotts (R-West Columbia) revealed the results of an investigation he's led into how the money for the 2006 conference of the National Governor's Association was handled. Of the roughly $1.3 million the governor raised to host the event in Charleston, $150,000 of it came from the state's Competitive Grants Program, which usually gets painted as a legislative "slush" fund by Sanford.

That was slightly embarrassing for the governor, who earlier this year said had he known the source, he would have refused the money. Sure.

But then Knotts, who has been grumbling he's been placed on a Nixonian "enemies" list by the Sanford administration, unveiled that there was $101,000 left over, and that instead of returning the money to either the conference's private donors, or the state, Sanford directed a member of his administration to send the overage to a group politically-friendly to him that may or may not have completely formed. That much has been reported in every paper in the state.

Here's our juicy bit to ad to the stew. Knotts claims to have the email directing the six-figure money transfer, dated Aug. 1, 2007. What is curious is that the message, according to Knotts, came immediately after a Budget and Control Board meeting that was particularly unsatisfying for the governor. It was also, Statehouse Report would like to point out, issued two days before Converse Chellis was elected as state Treasurer. So was the Sanford team pulling a fast one before a political enemy took over the checkbook? Joel Sawyer, Sanford's spokesperson, has yet to return inquiries.

  • GEARing down. With the first-meeting showdown between the joint GEAR Review Committee behind them, legislators and GEAR authors this week had a much smoother second meeting. Sen. Larry Martin (R-Pickens) said he continued to be impressed at the scope of the work accomplished by the GEAR authors, but held firm that there was still a wide difference of "interpretation" between savings represented by GEAR Report suggestions.

    "The idea that if we do everything the report says we need to do, we will save the state $500 million just isn't there." (The joke going around now is, which Sanford-loving group will be the lucky recipients of the savings?)


Sanford's shiny suit of armor gets a little dirty
By Andy Brack, Publisher

NOV. 16, 2007 - - After more than 10 years of sanctimony about wasteful and pork-barrel government spending, Gov. Mark Sanford's suit of armor doesn't have the same old shine these days.

Seems that the governor, a critic of a special government fund for community projects, directed some unspent money from a pet project paid for by that fund to a political group in which he's got an interest.

For Sanford, whose name became synonymous with frugality after reportedly sleeping on a futon in his congressional office in the 1990s, the rebuff by a senator from his own party must be particularly tough. For state lawmakers, targets for years of Sanford's rants and public relations stunts about spending, the political revenge must taste particularly sweet.

According to various news reports, the issue that has dulled Sanford's seemingly impenetrable armor of political charm involves the funding of a 2006 meeting of the National Governor's Association in Charleston. For that event, state taxpayers put up $150,000 from a grant fund often used for local water and sewer projects or to help communities with festivals and events. Over the last year, Sanford has been a frequent critic of the fund.

To help pay for the three-day NGA event, Sanford and his friends also raised an additional $1.2 million from private sources. When all was said and done, more than $101,000 was left over. Instead of paying back the state for its investment, as would make common sense, Sanford in August redirected the funds to Carolinians for Change, Inc., a political action committee formed by allies to promote the governor's agenda.

"Grants are supposed to benefit the taxpayer," said state Sen. Jake Knotts, R-Lexington. "They certainly aren't supposed to benefit the entity of a personal political preference."

Knotts, a former police detective who considered running as an independent against Sanford after the veto of Lexington hospital project, uncovered the information about the grant surplus and spread it to the media.

Sanford, in an apparent attempt to spin out of the controversy, has asked that the money be redirected back to the state. But his office is still claiming that the grant money was used and spent to seed private efforts to raise money to support the NGA conference. Additionally, his office has the gall to suggest that all projects funded through the grants program should be scrutinized for proper spending.

But wait. There's more on the horizon: The government watchdog group Common Cause is asking State Attorney General Henry McMaster to investigate the whole thing. Stay tuned.

* * *

FEEDBACK POLICY

We encourage your feedback. If you'd like to respond to something in SC Statehouse Report, please send us an e-mail. We reserve the right to edit for length and clarity. One submission allowed per month. Submission of a comment grants permission to us to reprint. Please keep your comment to 250 words or less:

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SHIFTING TO MCMASTER, the race to succeed Sanford got an obvious push this week when McMaster proposed to end parole for state prisoners. Why? First, he said he believed it would deter crime more because criminals would serve at least 85 percent of their sentence. Second, the public would regain confidence in the criminal justice system and know that criminals were really serving sentences, not getting out on good behavior.

But Jon Ozmint, the head of the state corrections department who ran against McMaster for attorney general in 2002, said the plan wouldn't work because it would thrust more people into an already underfunded corrections system.

McMaster says a similar plan didn't cause Virginia jail populations to soar when it got rid of parole a few years ago. Ozmint disagreed.

Whichever side you fall on, you can bet your boots the no-parole plan is something else - - a political platform on which McMaster may try to use to run for governor in 2010.

* * *

Some good and bad news:

  • Health care. South Carolinians had the highest overall health improvement in the country, according to new rankings by the United Health Foundation. The state ranks 42nd in health care, up from 48th. More: UHF.

  • Schools. South Carolina schools didn't get any better on new annual report cards. In fact, 18 school districts scored unsatisfactory, up from 11 last year. More: The State.

  • Hunger. Some 15 percent of South Carolinians struggle with hunger. The state ranks second in the nation in very low food security, according to a new US Department of Agriculture report.

Andy Brack, publisher of Statehouse Report, can be reached at: brack@statehousereport.com.

Recent commentary

lighter side
Watch out for Grandma

Another great cartoon from Bill McLemore:

feedback
11/5: Tax cut article shows more thinking needed

To Statehouse Report:

You hit on a lot of my "tax cut" fear with your latest article. All of these tax cuts just solidify my thinking that the majority of our legislature don't want to (1) do the work involved to do a truly good job of analyzing the repercussions of tax cuts (present and future), (2) do the work involved in cutting state government by getting rid of the obsolete commissions, the redundant "duties" by several agencies, or (3) setting a budget based on conservative revenue projections......but they simply do whatever it will take to get reelected!

At a recent Government Finance Officers Conference (where state & local government finance directors, school district and higher education finance directors, etc. came to find out how to do their jobs using GAAP standards, doing more with less, and understanding the "new laws" & "new budget" demands), we heard from top federal and state government analysts who gave us their ideas on the repercussions of the tax cuts, the state budget, etc., and the LONG-TERM ups and downs in the state's revenue stream. Its a shame that our state legislatures don't pay more attention to these experts. Just one of many problems: the reserve fund is formula driven as a percentage of tax revenue received - did they reinforce the reserve fund with last years "surplus"? Oh, no, it was doled out for whatever was out there on the non-budgeted "wish list" .

Most of these politicians make their decisions based on small, yet organized, loud minority groups (shame on us - the silent middle-class majority) and also whatever they can do to get the projects to their areas of the state , rather than look at what's best for South Carolina as a whole, now and in the future.

Things to ponder:

  • Why didn't the legislature get rid of the sales tax exemptions first?
  • Why didn't they pass ONE tax reduction at a time and analyze the outcome?
  • Why would any experienced professional join a state agency and run the risk of losing their jobs when the next shortfall happens (and it will)?
  • What did the loss of dedicated experienced professionals due to budget cuts or the TERI program cost the state in accountability, in knowledge, in revenue?
  • What's the loss of our AAA credit rating costing government entities in SC?

    -- Deborah S. Nye, CGFO, Summit, SC

11/15: Diverting public funds

To Statehouse Report:

Question: What's the difference between Governor Sanford, [Speaker] Bobby Harrell, and [Sen.] Glenn McConnell?

Answer: Governor Sanford publicly opposes government financing of "non-profits" while advocating a policy of fiscal conservatism and limited government, but engages in backroom deals that divert public funds to the non-profits, for profits and charities of his friends. Glenn McConnell, on the other hand, publicly opposes government financing of "non-profits" while advocating a policy of fiscal conservatism and limited government, but engages in backroom deals that divert public funds to the non-profits, for profits and charities of his friends. And Bobby Harrell publicly espouses fiscal conservatism while engaging in backroom deals to funnel as much government money as he can to those who can most help him become Governor.

Click Sanford accused of pork barreling and Sanford under fire over grant to see the Emperor with no Clothes.

-- Dan Norfleet, Summerville, SC

Recent feedback

11/4: Property tax relief law was overkill for rich, Bob Henderson, North Charleston, SC
10/31:
Brack makes scary assumptions, Michael Greer, Summerville, SC
10/30: Not removed on all grocery taxes, Bob Henderson, North Charleston, SC
10/28: More money won't help schools, David Whetsell, Lexington, SC
10/26: Venture program will have positive impact, Chad Walldorf, Mount Pleasant, SC
10/24:
Leadership needed to strengthen state, Roxanne Walker, Greenville, SC
10/9:
Solar power makes sense, Barbara Measter, Seabrook Island, SC
9/30:
Not for tax breaks, Bob Logan, Little River, SC
9/18:
State needs affordable medical help, birth control, Roxanne Walker, Greenville, SC

More FEEDBACK


Right-wing pragmatism

USC J-School Head Charles Bierbauer finds the political right's balancing act fodder for comment:

"Consider what the so-called "religious right" is wrestling with in seeking a presidential candidate to back in the 2008 elections. Once a bastion of faith-driven Republican conservatism, the right has turned downright pragmatic.

  • Bar pass rate. RoguePlanet finds it interesting that the last-second decision not to include a portion of the state's most recent bar exam meant that 20 people who flunked now passed it included "the daughter of the South Carolina House Judiciary Committee, Rep. Jim Harrison, and the daughter of a state circuit court judge, Paul Burch."


Avery Institute preserves state's African-American heritage


The Avery Institute today at the College of Charleston.

Founded in 1865, the Avery Normal Institute was the first accredited secondary school for African Americans in Charleston. Established by the New York based American Missionary Association (AMA), the school was initially named in honor of New York abolitionist Lewis Tappan. Renamed Saxton after Union General Rufus B. Saxton, an assistant commissioner of the Freedmen’s Bureau, the school was temporarily located in several buildings confiscated by the federal government. It was staffed with Northern white missionaries and members of Charleston’s antebellum free black community, such as the Cardozo brothers, Thomas and Francis. Thomas W. Cardozo (1865-1866) was the school’s first principal, Francis the second (1866-1868).

Francis Cardozo campaigned to construct a permanent building. He persuaded the AMA’s traveling secretary, E. P. Smith, to seek $10,000 from the estate of the late Reverend Charles Avery of Pittsburgh, Pennsylvania. With additional aid from the Freedmen’s Bureau, the new school building, renamed Avery, was finished in 1868. Cardozo expanded the school’s mission beyond primary and secondary education to include teacher training. Prohibited from teaching in all but one of Charleston’s black public schools, many graduates taught in one-room school houses all over South Carolina, especially in the lowcountry. Graduates excelled as educators. Subsequent principals, such as Morrison A. Holmes, continued the school’s tradition of excellence.

Principal Benjamin Cox (1915-1936) and his wife, Jeanette Keeble Cox, revitalized Avery. Cox was the first black principal since Cardozo. In 1917 Avery became a bulwark for the establishment of the city’s National Association for the Advancement of Colored People (NAACP). Its first president was Edwin Harleston (Avery, 1900), a noted artist. Principals Frank DeCosta (Avery, 1927) and L. Howard Bennett (Avery, 1931) moved the school in a more progressive direction.

WEEKLY EXCERPTS

SC Statehouse Report has partnered with USC Press to provide readers with an interesting weekly historical excerpt about the state. Each excerpt, which is used with permission and not for republication, is taken from The South Carolina Encyclopedia, a 1,077-page book published in 2006 with entries by almost 600 contributors and edited by noted historian Walter Edgar. We hope you enjoy this new feature.

Principal John F. Potts presided over Avery’s transition to a public school 1947. Coinciding with the US Supreme Court’s decision, Brown v. Board of Education, the county school board closed Avery in 1954, citing financial reasons. Avery students and teachers had long been active in the state’s civil rights movement and continued to be so even after the school was closed. Avery activists included Septima Clark, J. Andrew Simmons, John McCray, John H. Wrighten, Jr., Arthur J. Clement, Jr., and J. Arthur Brown.

Averyites also became leaders in preserving the lowcountry’s African American heritage. In 1978 the Avery Institute of Afro-American History and Culture was established to save and renovate the original Avery school building at 125 Bull Street as a repository of African American history and culture. With Lucille S. Whipper (Avery, 1944) as its first president, the organization joined the College of Charleston to found the Avery Research Center for African American History and Culture. On October 6, 1990 the grand opening of the renovated building took place.

-- Entry by Edmund L. Drago, The South Carolina Encyclopedia


Pre-filing for the next session will begin around Thanksgiving.

scorecard

Here's a "thumbs up" and "thumbs down" related to various political news items from the past week:

Knotts. Sen. Jake Knotts, senator for the people, proved anyone can do investigative journalism these days.

McMaster. Thank you, Henry, for letting DHEC know it shouldn't sit on potentially embarrassing contamination leak info. The public needs to know more than DHEC needs not to have to blush. More: Post and Courier.

Butts. That "most" hospitals in South Carolina are completely smoke-free may come as good news; imagine what families visiting cancer wards think when they see on-site smoking patios.

Payday lenders. Thank you to the handful of these guys for posting more honest rates in your windows; still, that you're charging 391 percent annually is beyond the pale. More: The State.

Sanford. After preaching about transparency in government spending since coming to office, Gov. Mark Sanford apparently converted public and private funds to a nebulous organization of Sanford supporters.

Immigration. Again, the main issue was skirted at the state Chamber of Commerce's annual Summit: put some real teeth in punishing companies that import illegal or unregistered employees, not just taking away their tax credits.

Jean Toal. Jeannie, you are the chief justice of our state's Supreme Court, not golfing great Babe Didrikson. When lawyers pass the bar, you administer the oath, not try and play a fade to avoid the trees on the right at a Myrtle Beach tourney. More: The State.

megaphone
Get out your flak jackets

"God of Hell"

-- That's how South Carolina ("They play with live ammo down there") political consultant Warren Tompkins is described in an article recently published in The New Republic magazine about the dirty politics that gets played in the Palmetto State. Great story; read it here.

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credits

South Carolina Statehouse Report

Publisher: Andy Brack
Editor: Bill Davis |
Assistant Editor: Betsy Brack

Phone: 843.670.3996

© 2002-2007, Statehouse Report LLC. Retransmission or reproduction of more than one copy is prohibited without express permission of the publisher. South Carolina Statehouse Report is intended for use of subscribers only. South Carolina Statehouse Report is published every Friday by Statehouse Report LLC, which is affiliated with The Brack Group, P.O. Box 22261, Charleston, SC 29413.

Excerpts from The South Carolina Encyclopedia are published with permission and copyrighted 2006 by the Humanities Council SC. Excerpts were edited by Walter Edgar and published by the University of South Carolina Press. No republication is allowed.

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