Pathetic

Here's what you need to remember about the most important race in this very important election: Something or nothing. That's the choice we have this month. We can do something, or we can continue to go along with nothing.

This is what you need to remember about Question 3. The Education Initiative (TEI) gives us the opportunity to finally do what our elected "leaders" have failed to do in Carson City for far too long. But if voters say no to Question 3/TEI this fall, there's no guarantee we'll see any of the changes TEI's opponents are now promising.

This is why we laughed yesterday. For some reason, Las Vegas Sun publisher Brian Greenspun wants us to believe LVGEA's horrifically pathetic Whitney Houston lip sync is somehow indicative of them "trying to craft a plan that will grow our public school system into what we need to be a 21st-century competitor". Huh? So now, we're supposed to believe the same people who've opposed every attempt at progressive tax reform and strengthening public education are now "finding common ground" with the very people they've been fighting tooth and nail all this time? While we're all for legal marijuana, perhaps Mr. Greenspun needs to put down the "magic brownies" before taking calls from anyone at Wizard of Oz Global HQ LVGEA.

This is why we laughed yesterday. For some reason, the local "newspaper" (of ill repute) decided to do an in-house ad against TEI. No really, the "newspaper" went there... Again! Now, we're just wondering when the "newspaper" will start slut shaming TEI proponents and publishing teachers' home addresses.

It's a shame we have to rely on "news media" like these newspapers. One publishes the classic "bid'ness establishment" fantasy, while the other is so desperate to fill ad space that it has to publish its own ads. While both still employ numerous great reporters, the leadership of both continue to value access over enlightenment.

Today is one of those days when we wish CityLife was still around to read both of the newspapers to high filth. But since that paragon of true journalistic virtue is no longer with us, it's now up to us to state the obvious. And what's obvious to all thinking Nevadans today is that both Southern Nevada newspapers looked like pathetic imitations of their former selves with their craptastic editorials.

The only thing more pathetic than these newspaper editorials of questionable value is No on 3's campaign of half-@$$ed fearmongering and laughable distortions. In fact, this may ultimately prove to be valuable... To the Yes on 3 campaign. If this is truly all No on 3 has, this says everything about why TEI landed on our ballots in the first place.

Break the Cycle (of FAIL This Fall!)

(Today, we felt it necessary to take another trip back into the Nevada Progressive vault. This piece is from July 2013. While other media pundits use their Sunday columns ro speculate on political personalities and misleading "optics", we figured now's a good time to remind everyone of actual reality. Oh, and if you're still looking for a "reason to vote this year", you're officially on notice.)

[In 2012], the typical (corporate lobbyist) powers that be in Carson City were suing their darndest to kill The Education Initiative. Ultimately, they didn't succeed.

[Last] year, they then took Carson City by storm to kill it. Ultimately... They didn't succeed at that, either. Although the Nevada Legislature declined to pass IP 1, this only means We the People will have the last word on The Education Initiative next year.

We've known for some time that Nevada's tax system is broken. And we've known for some time that Nevada's constant underfunding of public education is hurting our economy. And while Governor Brian Sandoval (R) wants us to believe his status quo approach will let us "have it all" (while paying for none), even members of his own administration can no longer deny reality.

Perhaps the biggest disappointment for progressives this year was the Legislature's failure to break the fiscal status quo. Despite many past promises of change, and even a surprise announcement from another top Nevada Republican, we ended up with yet another biennium of the same old status quo. How can we ever break this cycle of FAIL?

We'll uncover the answer [on November 5]. That's the difference this time. And this may be the one chance Nevadans have to break the cycle of FAIL.

Sure, this may not be the ideal way to enact major change to the tax system. But as long as the (corporate lobbyist) powers that be in Carson City continue to refuse to even consider change, this may be the only way to begin saving our state. And no matter how much Governor Brian Sandoval and his inner circle (of corporate lobbyists) protest, they can't hide the fact that their demands for endless status quo led to this.

[This fall], Nevada will finally have the opportunity to break the cycle. Nevada will have the opportunity to better fund our schools and put in place the foundation for a better economic future. This opportunity will present itself on our ballot next year. Will we take it?

Not. So. Fast.

Now, it's getting really interesting. Last night, we heard some more about the big move Switch is making in Carson City during the special session of the Nevada Legislature that Tesla initially thought it had all to itself.

Whoops. Apparently, a few legislators may actually be taking Steve Sebelius' advice to heart. Might this be music to Switch's ears?



Not so fast. SB 1 finally dropped last night, and the long awaited Senate bill requires at least $3.5 billion investment in this state before the state government starts offering tax incentives. The bill also requires at least 50% of the workers hired under this program to be Nevada residents. And the bill requires a $22 average hourly wage and health insurance benefits for factory workers.

So that leaves Switch up in the air for now. However, that also leaves the Nevada AFL-CIO as a possible "fly in the ointment". Nevada AFL-CIO Executive Director Danny Thompson has already said he also wants guarantees of fair wages for construction workers alongside guarantees that Tesla will hire local construction workers. We'll have to see how the Legislature assuages AFL's concerns.

But at least for now, it looks like a number of legislators are at least taking some time to digest this. And yes, they're looking at related issues like Switch, the best interest of Nevada workers, the film industry tax credits (that Governor Brian Sandoval [R] wants slashed by over 80%), and public education funding. Isn't this what so many of us were asking them to do? Isn't this even what a certain media pundit was asking for on the eve of #Teslamania?

So why is that media pundit now attacking certain legislators over taking their time to consider this proposal? The State of Nevada may actually end up with a $120 million deficit by the end of the year... And that doesn't even count the overcrowding and under-staffing issues plaguing Clark County School District (CCSD). Can we now afford to hurry up and pass something that pokes yet another hole into the budget while making a big bet on a company that demanded all these tax breaks to build a factory in Northern Nevada?



Not. So. Fast. Those are the three words Nevada legislators need to keep in mind today. While we understand the urge to hurry up, resume fundraising, and bask in the glow of #Teslamania, there are too many important questions that shouldn't be ignored just because one company wants an enormous sweetheart deal. Is this truly a fair deal? Is this a good deal for Nevada workers? Is this a good deal for Nevada schools? And will this deal break Nevada's budget?

Not. So. Fast. As we've said before, there are plenty of merits to Tesla's big move to Nevada. But must we break our bank in order to subsidize their business expenditures?

The Little Resolution That Could

Normally, Nevada State Democratic Party Central Committee meetings are not exciting. There are no conspiracy theories. There are no endorsement hijinks. And there are no ideological "purity" battles that are part of a larger intra-party civil war.

No, Nevada Democrats typically don't have to worry about that kind of drama. But yesterday, something interesting happened. An uprising occurred. A grassroots movement was heard. And once the voting was done, something surprisingly wound up with the party's seal of approval.





Yesterday, the state party had a resolution to vote on. And it wasn't just any resolution. This was to have the party formally endorse The Education Initiative (TEI).

Oh, yes. That's right. The party was confronted with the very initiative most state legislators didn't want to confront at all.

But yesterday, everyone at Central Committee had to confront reality. And the one & only Dan Hart (from the TEI campaign) showed up to start the reality check.



He attempted a "pre-buttal" of opponents' arguments that TEI is some "job killing TAX!!!" and/or "flawed measure" that's "poorly designed". If the "low tax/no tax" official mantra of this state really works in creating jobs and building a good economy, then why isn't it working? And if TEI is such a "flawed measure", then why has no one else offered a realistic alternative tax plan?

And that returned the audience's attention to the other elephant in the room: the many broken promises of tax reform. Some opponents of the resolution even seemed to agree with TEI supporters that public education is "grossly underfunded" in this state. But then, they pivoted to argue that TEI is somehow "fatally flawed" and/or "job killing" and/or "too divisive for the party to take sides on". And some suggested that we just nip this inconvenient initiative in the bud so Carson City can have a chance to get it right next time.

And that's when the fireworks really blasted off. Local parent Erin Neff reminded the audience of what's happened every time we left this to Carson City. (Here's a hint: Nothing.) She also called on the Democrats in the room to remember their party's spirit of social justice & platform of progressive values.



Throughout the day, opponents of the pro-TEI resolution tried just about every parliamentary tactic available to sink it. They asked to delay the vote until the June (state party) convention because "we need more information". They called for a vote to move it to the platform committee so it can be "considered there" until the June convention. They even attempted to nullify the results when their motion to move the TEI resolution to the platform committee narrowly failed.

Despite all the attempts to manipulate Robert's Rules of Order into killing the pro-TEI resolution, education activists refused to relent. Even as the Central Committee meeting dragged on and people were becoming frustrated & exhausted, activists managed to keep enough members in the room to defeat all the hostile amendments and motions. And finally, local teacher Lisa Muntean channeled her inner "Norma Rae" and made a compelling, passionate case for the resolution (and for TEI).



Needless to say, it worked. After a dragged out battle over Skype spanning from the IBEW 357 union hall in Las Vegas to the Washoe County Democratic Party headquarters in Reno, the Nevada State Democratic Party Central Committee voted 92-78 to endorse TEI. Despite all the big money and numerous parliamentary maneuvers used to stop this little resolution that could, it nonetheless passed.







And now, the Nevada State Democratic Party is on record supporting a ballot initiative based on a tax reform plan that Democratic leaders in Carson City proposed less than three years ago. And it's a plan that's far from "extreme". And it's only going to voters this year because a critical mass of citizens finally became sick & tired of the status quo in Carson City.

It remains to be seen where this little resolution that could will go next. Perhaps it will give hope to the little ballot initiative that could? At the very least, it's reminding Nevada Democrats that a little excitement at Central Committee meetings isn't always a bad thing.

The Disappointment... & The Solution

Let's dig a little deeper today. Last week, we discussed the deadly consequences of ignoring our tattered and torn social safety net. But now, we must recap why it's become so tattered and torn. Here's a hint: We've forgotten the basics of civilization for far too long.

Why is it that we always hear that "we can't afford" proper mental health care, decent schools, and repaired roads, yet our Governor and Legislature always seem to be able to afford corporate welfare to shower upon multinational corporations like Apple that neither need the help nor deserve it? Think about that as well. How on earth does this lead to a stable economy for our state? And how on earth does neglecting the most vulnerable in our society lead to a healthy economy? 

It doesn't. That's precisely the problem. Our "leaders" in Carson City keep chasing after mythical economic unicorns while failing to provide the most fundamental building blocks of a sound economy. 

Sure, luring Hollywood to Las Vegas sounds sexy. But ultimately, that won't mean shit for economic development if our schools keep bursting at the seams, our hospitals keep stuffing patients onto Greyhound buses heading out of state, and our roads are clogged with commuters while paved with just as many potholes. We seriously need to pay attention to the rude awakening we're now receiving. We must get back to basics, and we must do so before it's too late.

This past Spring, Carson City was buzzing over visions of Hollywood glamour, Wall Street power, and Silicon Valley splendor. Yet while Governor Magic Man (R-Denial) and certain legislators were falling over each other to bask in the glory of the "razzle dazzle" of it all, they were also agreeing to yet another round of status quo.

[... T]he Legislature finally succumbed to Governor Sandoval's request for underfunded schools and inadequate public infrastructure. They may not be quite as underfunded as they were in previous sessions. Yet even Governor Sandoval's own President of the State Board of Education, Ms. Elaine Wynn herself, has described Nevada public schools as "grossly underfunded". This poorly kept secret is becoming increasingly difficult to deny.

So now, someone has to deal with it. Someone has to start fixing this structural problem. And since we saw no solutions from "leaders" in Carson City this spring, We the People must provide leadership and get it done in the fall of next year.

Wait, so what's the deal with that last sentence? What must We the People do? Here's a hint: T. E. I.

As usual, Ralston mourns the policy failures that have grown out of the dysfunctional politics of this state. And in quite a few aspects, he's right on the money. But now, we have a chance to move beyond mourning over what can't be done. We finally have a chance to seize what can be done.

So what can be done? Remember these three letters: T. E. I. 

We've had it with the overcrowded schools, overburdened teachers, and underfunded public infrastructure. And yes, we've had it with the usual hand-wringing and empty rhetoric. We now have The Education Initiative on next year's general election ballot, and we know it can (and must!) be done. 

If we want Nevada to succeed in building a better economy and a brighter future, we have to look beyond what hasn't been done and realize what must be done. Then, we have to recognize that it can be done. And of course, we then have to just do it already.

Some things just don't change. In his column on his 10 biggest Nevada political stories of 2013, Jon Ralston lamented the Nevada Legislature's failure to pass tax reform. Of course, he also screamed over "disastrous leadership" and took one more pot shot at The Education Initiative. But this time, not even he could muster enough outrage to scream all that much about the ills of "ballot box budgeting".

Sure, "ballot box budgeting" isn't ideal. But really, are underfunded schools, busted health care infrastructure, and broken transportation systems acceptable at all? Something must change. And yes, We the People must provide that change next year.

When it came to economic justice in Nevada, 2013 offered plenty of disappointment. However, there was a twist this year. 2013 also offered a chance to start changing that disappointment into solutions.

How many times have we grumbled over Carson City's failure to reach meaningful, thoughtful, and truly helpful solutions for "The T Word"? Yet in 2014, all it will take is passage of three letters (hint: T. E. I.) to move past the disappointment and finally start reaching solutions.

Deadly Consequences

They're at it again. And Governor Brian Sandoval (R-Denial) must again confront an issue he keeps trying to sweep under the rug in the Governor's Mansion. Oh, yes. That's right. We're talking about the mental health patient dumping scandal. And the Sacramento Bee released another explosive article yesterday chronicling even more victims of this horrifying scandal.

This year, Rawson-Neal Psychiatric Hospital has been embroiled in scandal over a growing dossier of incidents where the hospital had mental health patients bused out of state without accounting for the patients' continuing treatment needs. It's led two major California cities (Los Angeles & San Francisco) to draft law suits against the State of Nevada, and it prodded the federal government to review both accreditation and funding for Southern Nevada's largest public mental health treatment facility. And on top of all that, it's renewed investigations into incredibly long waiting lists and inadequate treatment at Lake's Crossing Psychiatric Hospital in Sparks.

Clearly, Nevada has a patient dumping problem. The state was looking for a "cheap way out", but it's instead leading to very costly consequences. Those consequences have especially been costly for the victims profiled in the Sacramento Bee article on Rawson-Neal patients bused out of state... Only to fall (back) into a life of crime.

Consider the case of Mark Hesselgrave. He was convicted of second degree murder in 1993 for strangling his wife in Arizona. Shortly after being released from prison in October 2012, he moved to Southern Nevada. And after attempting suicide, he landed at Rawson-Neal. Here's what followed.

On Feb. 2, two days after he was admitted, Rawson-Neal deemed Hesselgrave fit for bus travel, the records state, and discharged him with a bus ticket, psychiatric medications for the ride and a recommendation to seek out Narcotics Anonymous meetings in Phoenix. After a bus ride that he described as “crazy,” Hesselgrave said he arrived at the Phoenix terminal with no one waiting for him. Without money or a place to live, he said, he ended up walking about 20 miles to a friend’s house in the suburbs.

From Arizona, Hesselgrave migrated to North Dakota to pursue a job in the oil fields. He quickly found work. Things were going pretty well, he said, until May 12, when he stabbed his roommate repeatedly. Eddie Bergeson survived, but suffered stab wounds in his face, stomach and back, according to a police affidavit.

“I hope he’s dead, I think he’s dead, I’m glad he’s dead,” Hesselgrave said as he stood over Bergeson, according to the affidavit.

Hesselgrave remains jailed in North Dakota, awaiting trial on charges of attempted murder. Police say he planned the attack; Hesselgrave contends they were drinking and got in a fight. He said he wonders whether things would have turned out differently had he received more treatment after his release from prison.

Rawson-Neal “didn’t try to treat me or nothing,” he said. “They could have kept me for 21 days. They could have ... got my depression in check.”

Mark Hesselgrave is just one of several stories of patients who needed help, but couldn't find it at Rawson-Neal. Instead, they were sent elsewhere. And others were ultimately harmed. At least one was killed. And a patient may have succeeded in committing suicide.

Of course, Governor Brian Sandoval('s spokesperson) said he was "appalled" by this report. However, it remains to be seen what (if anything) will be done about it.

Again, this is what happens when we try to provide health care "on the cheap". We ultimately haven't saved money. And we certainly haven't saved lives. Something must change.

Over the course of this year, we've been witnessing the consequences of neglecting people in serious need of treatment. We've been learning the hard way that providing proper mental health care is not just "bleeding heart liberalism", but also the most efficient way to save lives. How many more lives must be harmed and/or lost before we finally learn this lesson and end this deadly scandal?

What Can Be Done

This week, we've been jumping back into issues closer to home. And yes, there's one issue in particular that's raising our eyebrows and getting us thinking. Here's a hint: T. E. I.

We're not the only ones thinking about it. In a letter to the editor published in today's Las Vegas Sun, Las Vegas elementary school teacher Angie Sullivan summed up the sorry state of perhaps the most important part of Nevada's public infrastructure... And what must be done to fix it.

Nevadans should vote for the Teacher’s Education Initiative in one year. The initiative will tax businesses that profit $1 million or more.

For over a decade, Nevada’s public schools have been teaching, testing, reteaching, tutoring, testing, testing and failing as public schools endured $1 billion in cuts.

Some have tried to use teachers as scapegoats. This is very puzzling to those of us who serve above and beyond for the students. Frankly, teachers are struggling with too many needy students, not enough supplies, not enough support, and obstacles such as poverty.

Bottom line: We know our students are failing. We have data to prove this. We also know that Nevada does not fund our schools adequately.

This is what we've been saying here all along. What politicians in Carson City can't do is what voters must do. And The Education Initiative (TEI) finally gives voters the opportunity to do what must be done.

As usual, Ralston mourns the policy failures that have grown out of the dysfunctional politics of this state. And in quite a few aspects, he's right on the money. But now, we have a chance to move beyond mourning over what can't be done. We finally have a chance to seize what can be done.

So what can be done? Remember these three letters: T. E. I.

We've had it with the overcrowded schools, overburdened teachers, and underfunded public infrastructure. And yes, we've had it with the usual hand-wringing and empty rhetoric. We now have The Education Initiative on next year's general election ballot, and we know it can (and must!) be done.

If we want Nevada to succeed in building a better economy and a brighter future, we have to look beyond what hasn't been done and realize what must be done. Then, we have to recognize that it can be done. And of course, we then have to just do it already.

It Doesn't Have to Be This Way.

We weren't trying to be mean. No really, we weren't. It's just that Jon Ralston's fantasy of tax reform is just that: a fantasy.

And yesterday, the Washoe County Commission reminded us why it's a fantasy... And why we must come to grips with reality.

Commissioner Kitty Jung began to cry when she explained why she was for Assembly Bill 46.

“We just have to work on continuing to build on the momentum generated from this,” Jung said.

The proposed bill would have applied a sales tax increase of a quarter of a percent and 5 cents per $100 assessed in property values.

The Nevada Legislature passed AB 46 along with the "GovRec Budget" this past spring. And of course, Governor Brian Sandoval (R) signed both. The budget locked in most of the past two sessions' worth of cuts to an already underfunded public education system, while AB 46 passed the buck on raising taxes to better fund Reno area K-12 schools to the Washoe County Commission.

And now, most Washoe Commissioners seem to be content with dropping the buck. Is anyone actually surprised by this? Governor Sandoval did not want to be seen as a "tax raiser" (despite evidence to the contrary)... And neither do 3 of the 5 Washoe County Commissioners.

So where does that leave Washoe County Schools? Now, they're having to consider extra budget cuts. How lively (not).

It doesn't have to be this way. No really, it doesn't. It just confirms what we were saying yesterday. If we want change, we will have to do it ourselves by passing The Education Initiative (TEI) next year.

Reality Check

Over the weekend, something interesting happened. Jon Ralston announced his campaign for Governor. Wait... What??!!

Calm down. Ralston is not actually running for Governor next year. Rather, he was just fantasizing his ideal Gubernatorial Campaign. And he imagined a kick-off speech starting like this.

It’s time to believe in a new Nevada – a place where education is valued, where fair share really is fair and where silly tax pledges are replaced with thoughtful public policy.

We have been a state of half-measures – nay, quarter- or eighth-measures – for too long. When I hear the governor’s administration say it is pleased with this national education report card, I am shocked. And, yes, I am ashamed.

As we all should be. So far, so good.

Ralston's imaginary campaign kickoff speech also touched on the trap that the Governor and Legislature have always been falling into with each passing biennium. It's the same trap that manifested itself yet again during the 77th session of the Nevada Legislature earlier this year. And it's the same trap that only leads to even more trouble for this state.

So now, we're back at Square One. We're back at "Gov Rec" and everyone's favorite silly Sunset Taxes. And we're back to our regularly scheduled chronic underfunding of our public infrastructure.

Of course, Governor "Magic Man" is hailing this as a huge victory. And yes, it's a major political victory for him. But for the people of this state, it's another in a very long string of policy FAILs. The most "juiced up" corporate special interests will continue paying just above nothing while We the People continue to suffer overcrowded & dilapidated schools, severely strained health care, transportation in disrepair, and more.

But at least this time, we can still hold onto the promise of a better tomorrow. Sure, it won't actually come tomorrow. But with The Education Initiative on next year's general election ballot, We the People will finally have the opportunity to do what the Governor and many legislators simply refuse to do. We the People will finally have the chance to begin fixing our anachronous, broken tax system while also mending our tattered social safety net. And frankly, it's long past time for We the People to carpe diem.

Oh, yes. That's right. We went there... In May.

And frankly, that's the truth. The only way we will accomplish meaningful tax reform in the immediate future is by passing The Education Initiative (TEI) next year.

But of course, here's where Ralston & I part ways.

The margin tax, which the governor makes sound like the apocalypse, is not the answer. But who can blame anyone for supporting it because of the governor no-tax pledge, which has as many asterisks as the baseball record book, the Legislature’s serial inaction, compounded by buck-passing "enabling" tax measures.

I have thought long and hard about this, and I will not vote for the margin tax. Setting tax policy at the ballot box is a terrible last resort, and I’m here to tell you I have another plan.

This is perhaps the wildest fantasy in Ralston's fantasy campaign speech. Frankly, there is no other realistic plan for actual tax reform. Governor Brian Sandoval (R-Denial) isn't offering one, and we've yet to see a Democratic challenger emerge with one.

So where does that leaves us. It leaves us with three letters... And a certain 2014 ballot initiative.

Yes, "ballot box budgeting" can be messy. I know from personal experience. Ralston seems to buy into Pete Ernaut's spin... Even though he's had to admit that what just happened was a complete clusterf**k!

For all the wailing and moaning and gnashing of teeth over the fears of California style direct democracy coming to Nevada, we must ask this: Is it really a bad thing? California now has a budget surplus and additional education funding thanks to Prop 30. And Prop 30 was pursued because an extreme obstructionist minority refused to cooperate on realistic budget solutions. [...]

Sure, in an ideal world, this wouldn't have to happen. However, we're not in an ideal world. We're in Nevada. In order to make this state a better place, we must build a more stable and diversified economy. And in order to do that, we must better invest in our public infrastructure. And if the Governor and Legislature can't act to make that happen, then we the people must.

I wrote those words in March. I stick by those words now. And I'll likely be repeating these same words throughout 2014.

Sure, Ralston has a point about this not being an ideal situation. Honestly, it's not. We elect legislators and a Governor to enact budgets and determine state funding.

But really, is the status quo an ideal situation? Come on, we all know the honest answer to that. (Which is: Hell, no!)

In an ideal world, TEI would have never gone as far as it has. However, we don't live in an ideal world We live in 2014 Nevada with a tax code still stuck in 1864.

This is why TEI will be on our ballot next year. Our state's "political elite" are in sore need of a cold, hard reality check. And right now, the only way for that reality check to arrive in Carson City is if the voters deliver it directly to them in November 2014.

While Ralston's weekend column made for a nice fantasy, it's time for a reality check. And yes, it's time for TEI.

Break the Cycle.

Last year, the typical (corporate lobbyist) powers that be in Carson City were suing their darndest to kill The Education Initiative. Ultimately, they didn't succeed.

Earlier this year, they then took Carson City by storm to kill it. Ultimately... They didn't succeed at that, either. Although the Nevada Legislature declined to pass IP 1, this only means We the People will have the last word on The Education Initiative next year.

We've known for some time that Nevada's tax system is broken. And we've known for some time that Nevada's constant underfunding of public education is hurting our economy. And while Governor Brian Sandoval (R) wants us to believe his status quo approach will let us "have it all" (while paying for none), even members of his own administration can no longer deny reality.

Perhaps the biggest disappointment for progressives this year was the Legislature's failure to break the fiscal status quo. Despite many past promises of change, and even a surprise announcement from another top Nevada Republican, we ended up with yet another biennium of the same old status quo. How can we ever break this cycle of FAIL?

We'll uncover the answer next year. That's the difference this time. And this may be the one chance Nevadans have to break the cycle of FAIL.

Sure, this may not be the ideal way to enact major change to the tax system. But as long as the (corporate lobbyist) powers that be in Carson City continue to refuse to even consider change, this may be the only way to begin saving our state. And no matter how much Governor Brian Sandoval and his inner circle (of corporate lobbyists) protest, they can't hide the fact that their demands for endless status quo led to this.

Next year, Nevada will finally have the opportunity to break the cycle. Nevada will have the opportunity to better fund our schools and put in place the foundation for a better economic future. This opportunity will present itself on our ballot next year. Will we take it?

One Last Bout of #NVLeg Drama (from @GovSandoval)

So it's over. It's finally over. After a shocking 27th special session, the Nevada Legislature finally adjourned sine die.

Yet with that being said, the drama isn't completely over yet. After all, all these bills now sit at Governor Brian Sandoval's (R) desk.



He's expected to sign his budget. After all, he got over 90% of what he wanted there. We the People will have to wait until next year to change that (but at least we will finally have the opportunity then).

Governor Sandoval is also expected to sign SB 123 (aka NVision) into law very soon. After all, that's also his bill. And ultimately, a final twist from Warren Buffett added to the overwhelming bipartisan momentum pushing NV Energy's plan to ditch coal and invest in renewable energy (and some natural gas) over the finish line

However, there's been more intrigue surrounding other bills. For one, there's SB 374. Governor Sandoval had been playing coy on what he'd do to the bill authorizing medical marijuana dispensaries. But now, various media outlets are reporting he will sign the bill into law. And considering the broad bipartisan backing of this proposal to allow for medical marijuana dispensaries, this isn't too much of a surprise.

And then, there's SB 221. The (background checks) gun safety bill finally passed after a bout of last minute drama. But now, Governor Brian Sandoval continues threatening a veto. Never mind that 86% of Nevadans have supported expanding background checks for gun purchases. Never mind that 72% of Nevadans have specifically said they want SB 221 to become law. And never mind that this bill and this policy can actually save many Nevadans' lives. In the coming hours, he will make the final call on whether the NRA's seal of approval matters more to him than saving Nevadans' lives.

And then, there's the result of the $25,000 27th special session. But of course, Governor Sandoval will sign those bills into law. After all, he approved the $25,000 27th special session just before the @ss crack of dawn just so those bills could finally pass!

So, today may finally be sine die for #NVLeg... But we await one last bout of legislative drama from Governor Sandoval's office. Good times... (Or not.)

Finally, Sine Die.

Well, that was fast, This morning, we were shocked to see the 27th special session of the Nevada Legislature convene. But now, we have this from the Secretary of the Senate.

NVSecSenate: The Senate stands adjourned Sine Die. This time we mean it. #nvleg

So what happened during the just over two hours of special session? The Sun's Anjeanette Damon & Andrew Doughman have the details.

“The bill failed and public safety is extremely important in Clark County,” Sandoval said of his decision to call a special session. “The crime rate has gone up. This was an extremely important bill for the people of Clark County.” [...]

The measure, which authorizes the Clark County Commission to raise the sales tax by .15 percentage points to hire more police officers, wasn’t the only bill on the special session agenda.

Lawmakers also were asked to divert $2 million to the Millennium Scholarship from Sandoval’s failed effort to fund Teach for America, a nonprofit that recruits teachers for at-risk schools.

An economic development bill worth millions in tax incentives to draw new and expanding businesses to the state also was considered. And two education bills-- one to change the management of the state’s charter schools account and another on class-size reduction--rounded out the agenda. [...]


The Teach For America bill, however, would’ve failed in the Assembly and a charter school bill died in the Ways and Means committee, said chairwoman Maggie Carlton, D-Las Vegas.

“That bill did not have a hearing in Ways and Means,” she said. “We didn’t support it.”

The Assembly ended up throwing its support to the charter school bill in the special session and an agreement was brokered with Sandoval to divert the Teach for America money to the Millennium Scholarship.

In the end, #NVLeg finally passed the Clark County police surtax, the latest education grand bargain, and the economic development bills. So now, it's sine die... For real.

We'll have more on the #NVLeg #77 fallout later soon. But in the mean time, we finally reached sine die. And this time, it's sine die.

Special Session?! (Yes, We're Going to Overtime.)

It's over now. Wait... It's supposed to be over now. Isn't it? Isn't it... WHAT?!





I know I wasn't the only one who was shocked to wake up to the 27th special session of the Nevada Legislature. But alas, it's now here. And Governor Brian Sandoval (R) has already been cooking up schemes to try to take advantage of this.

The special session proclamation arrived just before 4 a.m., directing legislators to convene at 4:30 a.m. and end at 8 a.m. to consider five bills.

Perhaps the most significant measure to die at midnight was Assembly Bill 496, which would have allowed the Clark County Commission to raise taxes to fund more police officers. That bill was first on Sandoval's list.

The governor also directed the Legislature to take up the measure that directed $2 million to the national nonprofit organization Teach for America. Recognizing that the bill would likely die in the Assembly, where Democrats strongly oppose the measure, Sandoval recommended instead that the money be directed to the Millennium Scholarship Fund.

Also on the proclamation is a bill to changing the oversight of the state's Charter Schools account, a bill on class-size reduction policy and another bill on tax abatements for economic development.

"The key bill is the More Cops bill," Sandoval's chief of staff Gerald Gardner said. "The second is the TFA bill."

Indeed, it was a the More Cops bill that set off a mad, last-minute scurry in the final seconds before the midnight close to the 2013 regular legislative session.

Governor Sandoval has been trying to sneak in some school privatization since last week. But so far, most legislators aren't biting. So instead, Governor Sandoval is agreeing to toss additional tobacco law suit settlement money into the Millennium Scholarship (but of course, not into health care for lung cancer victims or tobacco addiction prevention).

So how did we get here? Well, the 77th (regular) session did turn out to be quite a busy one.

Indeed, Democrats, who control both houses, pushed a number of liberal bills through the Legislature this session on issues lawmakers have largely been loath to broach before.

The gay marriage ban may be on its way to a voters repeal in 2016. Voters can decide whether to take mining’s tax protections out of the constitution in 2014. Immigrants here illegally will be able to get a driver’s authorization card in 2015.

A bill to require background checks on private party gun sales is on its way to Sandoval. Another measure would allow medical marijuana dispensaries to open in Nevada next year. And if fracking takes off in rural Nevada, a bill exists to regulate the controversial practice.

“It really is a sea change,” said Sen. Tick Segerblom, D-Las Vegas, who pushed many of the bills on the progressive agenda. “Last session, we couldn’t even get a hearing on marijuana.”

Indeed, SJR 13 (marriage equality), SJR 15 (mining tax reform), SB 229 (saving Lake Tahoe), SB 303 (driver's authorization cards), SB 374 (medical marijuana dispensaries), and even more critical progressive supported bills passed this spring. To be fair, there actually has been plenty of progress in Carson City this year. Yet with that being said, we did ultimately run into the same problem we always seem to have in Carson City.

Yet even on overall tax reform and restoration of our state's public infrastructure, We the People will have the opportunity to provide leadership next year when SJR 15 and The Education Initiative will appear on our general election ballots. Yet because the Legislature couldn't get modest class size reduction legislation and authorization for more police officers for Clark County (funded by a surtax on sales tax here in The South) to the Governor in time, we're going to overtime.

And while we may have a few more days of wild song and dance routines, we already have a strong sense of what has to happen going forward.

We the People... Must Lead.

As the 77th session of the Nevada Legislature comes to a close, the mad dash to send a budget to Governor Brian Sandoval (R) continues. This morning, the Senate rushed to pass school funding and the long awaited "Sunset Tax" extension. And now, #NVLeg is poised to go out with a bust bang as Governor Sandoval's budget is nearing complete final approval.

Both legislators and the governor got what they wanted in the $2.5 billion schools budget: more money for Nevada’s schoolchildren.

But Democrats won’t reach the funding level they thought was appropriate. Last month, Senate Democrats publicly spiked their payroll tax hike in a contentious Senate floor debate. That tax plan would’ve added money to the budget for more education programs.

“We had a debate earlier this session about where we stood and what we’re doing for our kids, and we should be proud,” said Sen. Ben Kieckhefer, R-Reno.

While Democrats had earlier argued that education programs deserved more money than Sandoval had included in his budget, they now said that it’s good that the governor agreed where the state should spend the money it does have as it comes out of a lengthy economic recession.

“I’m glad that the governor funded our priorities,” said Senate Majority Leader Mo Denis, D-Las Vegas. “We’re not going to have to cut (the budget) this time.”

Now legislators, some begrudgingly, are on track to pass a payroll tax cut for businesses.

Sen. Debbie Smith, D-Sparks, wore a resigned expression as she headed toward the Senate floor late Sunday night to pass various budget-related bills.

“We’ve done some really great things, but we’re also lacking in some areas,” she said.

The public education budget is already on the Governor's desk, and the rest will soon follow. So game over? Everyone can go home happy? Not so fast, say Nevada teachers. They're getting ready to rumble... At the ballot box next year.

[Outgoing President of the Nevada State Education Association Lynn] Warne said that "incremental" increase in k-12 funding won’t do much. It won’t be enough to really solve any problems. Class sizes will continue to be too large in the early grades, Nevada’s English language learners will still struggle. Nevada’s dropout rate will continue to be a national leader.

“They (governor and legislature) all recognize we don’t fund public education properly in this state, but what they are proposing to put into it, what we are coming out with, is not going to move the needle anywhere.”

The margins-tax plan calls for 2 percent tax on a business’ “margin,” the money left after the business either deducts its overall cost of goods or the its overall compensation paid to employees.

Warne said she was not surprised that state lawmakers sat on their hands when considering the margins tax.

“Looking at the characters in this building, the personalities, the make-up of both houses, the number of Ds and Rs, the governor rhetoric on no new taxes – we didn’t necessarily think it would move," Warne said. "And again, that is why we chose the strategy we did in the first place – the initiative process.”

The initiative process is the only viable way to raise taxes for education in Nevada’s hamstrung poltical process, Warne said.

“The two-thirds (vote requirement in both houses to raise taxes) has done nothing but hamstring the Legislature,” Warne said. “There are some legislators in this building who really want to see k-12 funded properly in the state. But unfortunately, they haven’t and their constituents they represent have not been able to see any improvement in education funding.”

Who will ever forget the hearing The Education Initiative received before its quiet death? Well, it turned out that IP 1 (The Education Initiative) didn't actually die. Rather, the corporate margins tax proposal will be landing on our Fall 2014 ballots.

Today, the Legislature finally succumbed to Governor Sandoval's request for underfunded schools and inadequate public infrastructure. They may not be quite as underfunded as they were in previous sessions. Yet even Governor Sandoval's own President of the State Board of Education, Ms. Elaine Wynn herself, has described Nevada public schools as "grossly underfunded". This poorly kept secret is becoming increasingly difficult to deny.

So now, someone has to deal with it. Someone has to start fixing this structural problem. And since we saw no solutions from "leaders" in Carson City this spring, We the People must provide leadership and get it done in the fall of next year.

Last Minute Clusterf--k

Whoops. I can't believe this just happened...

MT @AnjeanetteDamon: @tsegerblom tells me he's unaware of trading involving medical pot. Last minute shenanigans. #nvleg/D on D violence.

Except that it didn't. Assembly Member Lucy Flores (D-North Las Vegas) quickly reminded the Twitterverse...

No #SB374 medical marijuana shenanigans. No votes were procedural. #nvleg

And finally, this happened.

So far: Assembly voted to reconsider pot bill because of glitch and violated Constitution by forgetting to pass Education First. #nvleg

And like that, Ralston's latest drama laced conspiracy theory died. Oh, and the SB 374 medical marijuana dispensary bill was suddenly back on track for easy passage. Yes, today is really turning out to be an insane one in Carson City. And especially considering Assembly Member Peggy Pierce (D-Las Vegas, & she's battling cancer again) managed to return to Carson City today, #NVLeg leaders probably won't want to pull some shady shit on her.

Medical marijuana passes the Assembly with exactly two-thirds -- 28-14 -- with ailing Peggy Pierce there to cast deciding vote. It originally passed but the tally board erroneously said it had failed, so both William Horne and Maggie Carlton quickly changed their votes to be on the prevailing side to ask for reconsideration. Conspiracy theories ensued, Tick Segerblom had a near-heart attack, but all was quickly fixed.

Then, as if to make a comedy show worse, the Assembly then broke the constitutional mandate to pass education first (thanks, Dawn and Jim Gibbons!) by passing the authorization bill first. That, too, had to be rescinded before the Assembly took a break for a few hours. It appears the members need it.

The state Senate has passed the sunrise on the expiring sunsets, allowing those taxes ($633 million worth) to continue. What kills me about this -- still, after all these years -- is that three Republicans who voted for the budget then voted against money to fund it. How do Barbara Cegavske, James Settelmeyer and Don Gustavson justify that intellectual dishonesty? I guess they don't have to as they brag to their constituents that they support education. Sickening.

And speaking of intellectual dishonesty, the speeches to pass Washoe schools bill in the Senate were something else. This has gone from a mandate to enabling purely because of Gov. Brian Sandoval's tax pledge and legislative timorousness. Either the schools need more money or they don't. I love hearing about how this is a "local problem," too. As if they don't deal with "local problems" when they fund education every session. Instead, they are voting to enable a GOP-dominated board to raise taxes and imposing a supermajority requirement. Since when does a County Commission get charged with school responsibilites? How do they say this stuff with straight faces? It passed, 16-4.

So what now? Senator Kelvin Atkinson (D-North Las Vegas) and Assembly Member Michele Fiore (R-Las Vegas) just embraced each other. Who would have expected this in February?

.@katkinson702 greets @VoteFiore in hallway w/hug and says, "First gay marriage, now weed!" #crossovervoting #newdayinNevada #nvleg

Soon after, #NVLeg returned to its regularly scheduled program of passing its "Sunset Tax" laden clusterfuck of a Franken-budget.

And now, we can get back to watching #NVLeg searching for loopholes in arcane rules and agreeing to more failed fiscal status quo. Yes, what I said earlier today still stands.

Finally, Ready for Change?

This spring, we've seen all sorts of tension, drama, brilliance, achievements, breakthroughs, madness, setbacks, meltdowns, and more in Carson City. We've even seen this. Oh, and we've even seen this.

Late last month, many progressives were stunned and upset when AB 230 encountered a shocking demise. How on earth could such common sense policy to protect teens in school encounter such a ghastly demise in the Nevada Legislature? Today, we have another #FAIL to add to the #NVLeg pile as SB 221 looks to be encountering a similarly shocking and ghastly demise.

“I’m worried about the penalty,” said Assemblyman James Ohrenschall, D-Las Vegas. “It worries me how we inform the public so unwitting people don’t become criminals.”

Lobbyists working on the bill said that legislators like Ohrenschall are worried that Southern Nevada’s large bilingual population might not understand the bill if it becomes law, and people might inadvertently be punished for their ignorance.

The bill already passed the Senate with 11 Democrats in favor of Senate Bill 221 and 10 Republicans voting against it. [...]

Meanwhile, [SB 221 sponsor Justin] Jones [D-Enterprise] moved half of the bill into another bill in an amendment, a move that could acknowledge the background check provisions may fail.

Jones’ bill would require speedier mental health reporting to proper federal authorities. That aspect of the bill could make it more difficult for the mentally ill to acquire guns, which earned broad bipartisan support. Gov. Brian Sandoval also is in favor of the reporting requirements.

Sandoval earlier said he would veto the background check bill.

Jones amended Senate Bill 38 late Sunday night in a quick meeting between senators and members of the Assembly, said Sen. Mark Hutchison, R-Las Vegas.

Apparently, there is one key difference here. At least this time, we have a better idea as to how and why SB 221 has stalled. Assembly Member James Ohrenschall is concerned about clogging up criminal courts over ignorance. And a few other Assembly Democrats have expressed concerns about certain provisions in the bill. And they, in turn, have unintentionally strengthened Republicans' hands as they move to kill the bill. So now, Senator Jones is left searching for ways to salvage the most universally accepted provisions of an already milquetoast bill with 86% public support.

This seems so pathetic. But sadly, this is reality in Carson City. This is the final day. And with not much time left and an absent Democratic Senator, there's virtually no room left for error today.

So of course, we're stuck with yet another dead bill where there should have been advancement on good policy. Meanwhile, the state budget looks to be moving just in the nick of time. Apparently, the rude awakening hasn't been enough to shake Carson City out of its failed status quo.

However, that doesn't require us to stay there. As we've discussed here before, We the People will finally have our "Carpe Diem moment" for tax reform next year as SJR 15 (mining tax reform) and The Education Initiative (IP 1, corporate margins tax) head to the ballot box. Next year, we will have the opportunity to finally do what the Governor refuses to do and the Legislature can't manage to do.

So where does this leave us? Go West, young people. Remember when we discussed the looming prospect of "Californication"? Guess what... We're here.

The more Nevadans learn about how multinational mining corporations have abused our tax code to pay virtually nothing for profitting off our natural resources, the angrier we get. And if the decision on how much to tax them moves from the Legislature to "we the people", the mining industry will probably have to kiss its sweetheart deal goodbye.

This probably also explains why "big bid'ness" power brokers (like Monte Miller?) fear the AFL-CIO's margin tax on big business. In addition to the mining industry, other big multinational corporations like to set up "on shore tax shelters" here in Nevada to avoid paying taxes. But really, what do we get out of it? After seeing them profit while Nevada families suffer from decaying schools and inadequate transportation infrastructure, Nevada voters may also be ready to finally make the big guys pay their fair share.

So in the end, Pete Ernaut may have a valid point in stating the problems with "ballot box budgeting" and waging electoral campaigns on tax policy. However when the Legislature won't tackle this, someone has to. And when Nevada is in real need of real reform that finally moves our tax code into the 21st century, we can't blame citizen activists for wanting to take matters into their own hands. And since Ernaut's own BFF in the Governor's Mansion encouraged obstruction on tax reform in Carson City last year, he should have realized that he helped bring "Californication" of Nevada policy making here.

Oh, yes. That's right. I just went there... Again.

So California, here we are. We've already been experiencing the failures as state government has gradually been breaking down and extreme ideology has taken the place of good faith negotiation. And because the Nevada Legislature only meets for 120 days every two years, this problem is exacerbated here.

But can we finally begin reaping the rewards of success? Probably. We the People just have to make it happen ourselves. This involves some "ballot box budgeting" now, but it will probably also mean serious structural reform of state government later.

After all, the failure of common sense policies espoused by the likes of AB 230 and SB 221 should be embarrassing to the powers that be in Carson City. As they quickly approach sine die, do they really want to "declare victory"? Do they really want the failed status quo to continue? Or are they ready for change?

Remember why bills like SB 221 and AB 230 died. Remember why we will be experiencing some serious "ballot box budgeting" next year. And remember why we can't afford any more failed status quo. I increasingly sense We the People are ready for change. Now, Carson City needs to be.

Only Just Beginning

This spring has certainly been a memorable one in Carson City. Yet during this 77th session of the Nevada Legislature, I couldn't help but think of what went down at the end of the 76th session. Remember the suprise Nevada Supreme Court decision that ultimately led to an unsurprising continuation of the status quo?

Remember the definition of insanity? We can't keep doing the same thing while expecting different results! We can't keep robbing Peter to pay Paul. We can't keep playing the same "accounting tricks" that ultimately got Enron into trouble. We can't keep avoiding reality.

The Nevada Supreme Court's ruling was a brutal reality check. And even if Brian Sandoval and most legislators continue to ignore the overarching message of that ruling to play more games and hobble together some sort of "Frankenstein budget", Nevadans are getting fed up with this nonsense. People out here are hurting, and they are wondering when they will see more job openings and how their kids will be able to get into college. Meanwhile in Carson, the debate is all about how [many] workers need to be attacked before schools can be allowed to stay open.

Wonderful. (snark)

But what if we don't want to keep going down this same road?

And that led us to think aloud about a different path forward.

It's now a question of whether Nevada will keep sputtering on its way to the bottom, or if progressives can turn this around and take advantage of this unique opportunity to inject more common sense into our state government. The days of Kenny Guinn and Barbara Buckley and Bill Raggio making "grand bargains" seem to be long gone. Term limits are taking away experienced legislators. Meanwhile, the power vacuum is being filled by corporate lobbyists, party central committees, and other outside forces.

So what can we do? In the long term, I still believe it's in our best interest that progressives work toward reforming state government to make it more responsive to the people and less beholden to special corporate interests. But in the mean time, we can't wait on the sidelines for the next two years while Nevada's people continue to suffer inadequate public education, health care, transportation, and other infrastructure necessary to make our state whole again.

So now, we have to ask ourselves not whether and when we will go to the ballot and ask the people to save our state, but how we will do so and who we will build coalitions with. Should we work with gaming and mining on a broad-based business tax? Should we work with other progressive activists on a corporate income tax? Should we push for some sort of mining tax reform? 2012 may seem like a long hike away, but it really isn't. We need to start planning now to take the first necessary steps to save our state and bring real progressive reform to Nevada government.

In many ways, it's started to feel like deja vu yet again. "Big talk" on tax reform has been replaced with tinkering around the edges (of a very broken system). And despite growing trouble arising from chronic underfunding of our social safety net, the chronic underfunding looks quite set to continue (albeit at a slightly less severe level).

Yet with this being said, something is different this time. This time, We the People will have the final say. 2014 may seem like a long hike away, but it truly isn't. And with The Education Initiative and SJR 15 going to the ballot box next year, this is only just beginning.

While we may yet see another politically convenient state budget full of ridiculously bad policy, something is different this time. It may not last too long. Voters will have the opportunity to finally put an end to the status quo next year. This is only just beginning.

Carpe Diem (Delayed, But Not Destroyed)

Surprise! As the 77th session of the Nevada Legislature begins to end, it's all but certain now that the state budget will be looking quite "Gov Rec". After all the drama and all the "conversations" on tax reform, Governor Brian Sandoval (R-Denial) seems to be getting his way after all.

“We have talked about education ad nauseam,” said Sen. Kelvin Atkinson, D-North Las Vegas. “It’s not going to go anywhere. We realized that today.”

Not that Democrats are happy about it. Angry, resigned, tearful, frustrated and indignant may better describe their emotional state during an hours-long floor fight in which the two parties pointed accusing fingers at one another.

“It’s called minority rule, and that’s the situation we’re in,” said Sen. Debbie Smith, D-Sparks. “We’ve tried. We’ve done what we’ve done every session.” [...]

The capitulation is a further indication that Democrats will concede to Gov. Brian Sandoval, passing in large part his $6.6 billion state budget plan. Sandoval has proposed $120 million in additional funding for English-language learner programs, full-day kindergarten and other programs.

Democrats have argued the funding is not enough for a school system burdened with massive class sizes and poor graduation rates while undergoing $700 million in cuts through the recession.

But Republicans, led by Sandoval, refused to consider a tax increase this session. Sandoval, who faces re-election next year, contends the recovering economy will be enough to fund education services. And Republicans in the Legislature decided to back him.

Actually, the final paragraph above is not entirely true. After all, State Senate Minority Leader Michael Roberson (R-Henderson) was peddling his IP 1/Education Initiative mining tax alternative. He just gave up on it when it became increasingly obvious that his alternative tax initiative had no chance in hell of passing.

So in turn, Roberson turned the screws on the Democratic leaders' tax plan. And to be fair, it wasn't all that difficult to do so, as the plan being cooked up by Assembly Speaker Marilyn Kirkpatrick (D-North Las Vegas) and Senate Majority Leader Mo Denis (D-North Las Vegas) was quickly devolving into a political labyrinth lacking in common sense policy. They were preparing to make a deal. But at this point, was that deal worth caving completely to Senator Roberson and other Republicans demanding (even) more concessions?

So now, we're back at Square One. We're back at "Gov Rec" and everyone's favorite silly Sunset Taxes. And we're back to our regularly scheduled chronic underfunding of our public infrastructure.

Of course, Governor "Magic Man" is hailing this as a huge victory. And yes, it's a major political victory for him. But for the people of this state, it's another in a very long string of policy FAILs. The most "juiced up" corporate special interests will continue paying just above nothing while We the People continue to suffer overcrowded & dilapidated schools, severely strained health care, transportation in disrepair, and more.

But at least this time, we can still hold onto the promise of a better tomorrow. Sure, it won't actually come tomorrow. But with The Education Initiative on next year's general election ballot, We the People will finally have the opportunity to do what the Governor and many legislators simply refuse to do. We the People will finally have the chance to begin fixing our anachronous, broken tax system while also mending our tattered social safety net. And frankly, it's long past time for We the People to carpe diem.

Things may look depressing in Carson City now. But just because the Governor is getting his cherished status quo now doesn't mean we must allow it to perpetuate next year. Legislators couldn't agree on a "carpe diem" in the Legislature Building this year, but that doesn't mean voters can't do so at the ballot box next year.

Sounding the Alarms

For some time, we've been sounding the alarms on Nevada's patient dumping scandal. We've been warning everyone that trouble was brewing. And we sensed that trouble was about to spill all over our fine state.

Today may be the first day of reckoning. And we can't say we didn't see it coming. Los Angeles and San Francisco launched their own respective criminal probes last month into the numerous discharges from Rawson-Neal Psychiatric Hospital who ended up in their cities, in other parts of California, and even in other parts of the country without any support system and/or treatment plans waiting for them. And now, the City of Los Angeles looks ready to sue Nevada.

Los Angeles is able to take a hard line because it has an ordinance that defines patient-dumping explicitly and lays out criminal penalties for violations. Other agencies are making use of state and federal laws that apply more broadly to hospital discharge practices – often targeting emergency rooms – or that don't list specific penalties.

"Doesn't this represent to you a crime?" asked Los Angeles City Attorney Carmen Trutanich, soon after the investigation was launched.

Rawson-Neal bused about 150 patients to the Greyhound bus station near Los Angeles' Skid Row in the past five years, far more than were sent to any other city.

To build their case, Trutanich's investigators are searching for former Rawson-Neal patients to learn if the circumstances of their discharges violated the city's ordinance against patient-dumping. That ordinance says patients cannot be transported from hospitals to anywhere but their homes, or the location they give as their home, without written consent.

Uh oh. But wait, there's more. Again, Nevada may soon face some very serious consequences for neglecting many of our state's most vulnerable.

If the investigation ends like several others, the hospital could settle with the city, be forced to adopt stringent discharge protocols and pay a fine.

Alternatively, the case could go to court, potentially leading to a misdemeanor criminal conviction for the hospital or some of its employees, Trutanich said.

"This is 150 people allegedly on the streets of L.A.," Trutanich said. "We're already stretched as it is."

And that's not all. The City & County of San Francisco is looking at the federal Emergency Medical Treatment and Active Labor Act and investigating whether Rawson-Neal violated this federal law. If so, San Francisco will sue in federal court. In addition, the federal Centers for Medicare & Medicaid Services are conducting their own investigation to determine whether Nevada's mental health patient dumps violated federal law.

Again, we've been sounding the alarms. And after decades of letting our social safety net fall apart, we're now beginning to feel the consequences. The supposedly wise sages in Carson City thought they were being so penny wise in shortchanging investment in our community's health care, but they're now just being revealed to be incredibly pound foolish. And we may all soon pay the price for their pound foolishness.

Magic Man?

He finally spoke today. He unleashed his plan to make all our woes go way. Apparently, he is "The Magic Man".

@BrianSandoval The magic man!! Who knew all this $$ existed & no one need fell a bit of taxation!!! #PerfectWorld #NVLEG

Wow! Governor Brian Sandoval (R-Sunrise, Sunset) magically found all that... Oh wait, how did he "magically" find this money? Senator Debbie Smith (D-Sparks) tweeted out Mr. Governor's dirty little secret earlier.

@BuzzIzarownd Not "found" $$. Same $$ we're all working with. And same priorities for #nved that we've talked about since January. #nvleg

So what's happening? Governor Sandoval is essentially factoring the new Economic Forum projections into his budget and allocating the surplus funds the Forum expects. That's all.

Still, this does mean more funding for public education. Yes, it does. However, it still comes nowhere close to solving the problem. Our schools are still grossly underfunded, even with the additional funding from the new Economic Forum projection making our situation slightly less gross.

After all, the state still nears a nasty law suit. Schools up north and down south still fall apart. And our state's economy still suffers due to inadequate public infrastructure and social safety net.

Yet, "The Magic Man" magically found a way to (at least temporarily) sweep this politically inconvenient truth under the rug with some pocket change provided to him by the Nevada Economic Forum. Why are we supposed to settle for this?