• Teapot Museum Funds • ‘New’ Building Gets Stir Media Tempest $1.8 M Renovation

Is There a Child Care Crisis? C A R O L I N A Public Records Progress

Statewide Edition A Monthly Journal of News, Analysis, and Opinion from October 2005 • Vol. 14, No. 10 the John Locke Foundation www.CarolinaJournal.com JOURNAL www.JohnLocke.org State’s School Construction Costs Soaring

By HAL YOUNG fornia, but that more flexible “prototype” Contributing Editor designs did. Rather than specify a single RALEIGH blueprint for all new construction, DPI orth Carolina is one of the fast- has a clearinghouse for architects and est-growing states in the union, firms to share school designs that can be and especially in its school-aged adapted for different sites and uses. Npopulation. The growth, coupled with Several counties have taken demand for more and better facilities, advantage of the program, although smaller classes, and specialized pro- the plans remain the property of their grams as well, has pushed local gov- creators. Steve Taynton, DPI’s chief of ernments into a school construction school planning and an architect in his boom. own right, said the chief savings is not According to the U.S. Census Bu- in the architect’s fees, but in the time reau, North Carolina is one of only 14 needed for review and comment, and states where the number of elementary the convenience of a standing facility schoolchildren has grown despite a that superintendents and commission- nationwide decline between 2000 and ers can visit. 2003. The state also ranks fourth in the Construction currently under way at Panther Creek High School off U.S. 55 in north- “You might be able to save 30 western Wake County (CJ photo by Don Carrington) number of students added in the high- percent of the total design cost ... and school ages. Katrina, where more than 200,000 homes only seems likely to increase. that’s not much,” he said, compared to As this occurs, though, demand were reported destroyed, is not only af- Help might come in the form of the cost of the total project. for critical materials and skilled labor fecting material availability but compet- some standardized construction, accord- At least one fast-growing county, is driving the cost of the construction ing for contractors’ attention. ing to the School Planning section of the though, is successfully managing both. sharply higher. Major projects as far While limited relief may be found N.C. Department of Public Instruction. Johnston County has taken the prototype away as China have pushed the price with modular classrooms, public school The section’s website says that rigidly of structural steel and concrete to new systems have found themselves locked standardized plans did not work well in levels. Recovery work after Hurricane in a spiral of demand and debt, which other states such as New York and Cali- Continued as “State’s” Page 2 Critics: Climate Commission Might Not Strike Balance

By PAUL CHESSER few others on the commission are also will appoint nine of the members. deck,” said Brock, who was critical Associate Editor affiliated with, or have contributed fund- “It does…appear that we will earlier this year of the legislation that RALEIGH ing to, the groups. appoint at least one economist to the created the commission. “You’re looking commission to study the effects In contrast, the commission is commission,” Basnight spokesman Tony at one, versus 30.” of global climate change, estab- devoid of any obvious skeptics of the Caravano said in an e-mail response to The commission will actually lished by the General Assembly dangers of global warming. And even questions. consist of 34 members, including nine Athis year, could be constituted to arrive though the stated purpose of the com- But State Sen. Andrew Brock, R- appointees each by Basnight and by at a foregone conclusion because of its mission is to determine costs, benefits, Mocksville, said that adding someone Speaker of the House Jim Black. Black’s makeup, some critics say. and economic impact of any actions who might not automatically buy the office did not respond to questions Environmental groups, which taken in response to potential climate global-warming assumption still leaves about the commission or his potential have constantly issued dire threats change, no economists were named to the commission far short of the ideologi- about the dangers of global warming, the board. That may change since state cal balance it needs. are amply represented on the panel. A Senate President Pro Tem Marc Basnight “You’re still looking at a stacked Continued as “N.C. Climate,” Page 3 Should N.C. issue driver’s licenses 80to illegal immigrants? The John Locke Foundation NONPROFIT ORG. 200 W. Morgan St., #200 U.S. POSTAGE 70 Contents Raleigh, NC 27601 PAID RALEIGH, NC 60 State Government 3 PERMIT NO. 1766 % 50 t 12 % Washington Watch 6 40 Education 8 No 78 % Higher Education 12 30 Yes 19 % Local Government 16 20 Not Sure 3 % Books & the Arts 20

10 Opinion 24 Parting Shot 28 0 John William% Respondents Pope Civitas in June Institute Civitas Poll, Institute September Poll 2005 CAROLINA C a r o l i n a North Carolina JOURNAL Journal State’s School Construction Costs Soaring Continued from Page 1 Average N.C. School Construction Costs Richard Wagner $150 Per Square Foot 2000-2005 Editor system to heart, and county officials are building their ninth copy of a school first $129.57 Don Carrington designed in the mid-1990s. $120 $114.96 Executive Editor Johnston County is the 11th-fastest $98.50 $92.40 $96.31 $96.47 growing county in the United States, $90 Paul Chesser, Michael Lowrey according to the Census Bureau. The Donna Martinez, Jon Sanders school system experiences four-digit Associate Editors increases in student population each $60 year, and new construction is a way of Chad Adams, Shannon Blosser, life. Superintendent Anthony Parker, $30 Andrew Cline, Roy Cordato, writing for the school system’s website, Bob Fliss, David Hartgen, says the last of the county’s three-story, Summer Hood, Lindalyn Kakadelis, 0 Eisenhower-era school buildings will (Source: NCDPI) 2000 2001 2002 2003 2004 2005 George Leef, Marc Rotterman, Karen Palasek, R.E. Smith Jr., be replaced this year. Yet the county is Jack Sommer, John Staddon, doing it for significantly less than the average cost statewide. George Stephens, Jeff Taylor, and University’s annual survey placed and benefit from the efficiency gained Larry Strickland, a member of the Michael Walden, Karen Welsh the median cost at $124. by the builder. Strickland credits good Johnston County Board of Education, Contributing Editors The supply and demand show up legislative support for this. said his county has realized large sav- in the bidding process. “If you’ve never “When [former representative] Jenna Ashley Robinson, ings by finding a designer, a plan, and a been to a bid opening, it’s an experience Billy Creech and Leo Daughtry were in Paul Messino, Brian McGraw contracting team that worked well, then Editorial Interns to remember,” Taynton said. When busi- the General Assembly, they introduced sticking with them over several projects. ness is tight, he said, “there may be 100 a bill for Johnston County to bid two The plan started in the mid-1990s and percent difference between the high and schools on a single contract,” he said. has continued with excellent results. low bidders.” In a busy market, though, “This allows a general contractor to “Basically, we save time, it’s “sometimes you won’t see that low bid- have his men working at both jobs at cheaper, and it saves on the architects’ Published by der. There’s not as much encouragement the same time,”, assigning them to one The John Locke Foundation fees,” he said. Using that strategy, “we for that firm to sharpen the pencil.” job site or the other as needed. The two 200 W. Morgan St., # 200 deal with the same people, the same In Johnston County, Strickland said schools under construction now were Raleigh, N.C. 27601 general contractors. They can build it in that the seventh edition of the original bid this way. (919) 828-3876 • Fax: 821-5117 a shorter time because they know what school cost less that the first. Polenta The $85 million bond approved by www.JohnLocke.org they’re doing.” Costs for the next new Elementary, one of the first, was built in voters in May is a vote of confidence, middle school include only 4 percent 2000 for $87.31 per square foot, which Strickland said. By combining the Jon Ham for design. “Before we came up with was 5.5 percent below the state average state’s design resources, public support Vice President & Publisher this model, it might have been 10 or that year. River Dell Elementary, one of for funding, and solid business tactics, 12 percent” — a figure, which, he said, the last completed, was $84.58 a square Johnston County officials are finding John Hood other counties are paying still. foot — 12 percent below that the state their dollars stretch further than one Chairman & President The prototypes Johnston County average of $96 that year. Middle-school might expect. uses for elementary and middle schools economies were even more impressive, “The citizens have been happy Bruce Babcock, Herb Berkowitz, were developed in the late 1990s for the John Carrington, Sandra Fearrington, saving 8.4 percent in 2000 to nearly 14.5 with the way we’re spending money,” projects needed then. West Johnston Jim Fulghum, William Graham, percent two years later. Strickland said. “That’s the one thing Lee Kindberg, Robert Luddy, High School, which was built a few years Standardization is only one part of we’ve been successful with in our William Maready, J. Arthur Pope, ago to alleviate crowding at Clayton the program. There’s been some savvy school system — being frugal with the Assad Meymandi, Tula Robbins, High, was the first use of the high school business in Johnston County, too. taxpayer’s money.” David Stover, Jess Ward, prototype plan. The elementary plan has Strickland said that property own- While state spending on K-12 edu- Andy Wells been repeated seven times in Johnston ers responding to needs of the school cation will surpass $6.6 billion, or nearly Board of Directors County, and two new schools are going district were asking premium prices for 40 percent of the state’s total budget this up in the western part of the county land, “just as if McDonald’s were going year, the cost of building projects falls today — numbers eight and nine in the to build there.” on local taxpayers. series, Assistant Superintendent Ann To get around this presumptive According to the annual Statisti- Carolina Journal is a monthly journal Williams said to the Smithfield Herald. pricing, the school board hired an out- cal Profile published by the DPI, while of news, analysis, and commentary on state Statewide, as the demand for of-state consultant to act as a purchasing two-thirds of the operating expense of and local government and public policy issues schools multiplies, the cost to construct in North Carolina. agent not closely identified with the public schools comes from the state, them has climbed as well. State reports school system. Strickland said he has the balance is more than reversed when ©2005 by The John Locke Foundation show the average school project cost, seen him in the crowd at a local auction, capital spending is involved. Inc. All opinions expressed in bylined articles which hovered around $96 per square bidding on a tract that he secured for the In the most recent report, covering are those of the authors and do not necessarily foot for several years, jumped to $114 school — at a very favorable price. the 2002-03 academic year, 94 percent of reflect the views of the editors of CJ or the in 2004 and topped $130 per square Joint-use projects promise to save the money spent on construction and staff and board of the John Locke Foundation. foot in 2005. money for the county as a whole. A capital projects, just under $783 million, Material published herein may be reprinted as Over two years, it has increased controversial land purchase this year came from local sources. long as appropriate credit is given. Submis- by 34 percent. Taynton attributes this netted a school site plus 20 acres of ad- The state still offers some sions and letters are welcome and should be in part to the economic recovery, as the ditional land, which will be used for a oversight of school construction, directed to the editor. demand for new construction went up recreational area by the small-but-grow- through DPI’s School Planning sec- and contractors gave their workers raises ing community nearby. tion. “We review all school construc- CJ readers wanting more information deferred through the recession. New developments are springing tion projects, from a concession stand between monthly issues can call 919-828-3876 Industry surveys focusing on up all around, but the community does to a high school,” Taynton said. and ask for Carolina Journal Weekly Re- school construction suggest that North not offer many facilities yet. Strickland “Since the mid-90s, when there port, delivered each weekend by e-mail, or visit Carolina’s costs are not unusual. School said that by making double use of the was a change for more local control, CarolinaJournal.com for news, links, and ex- clusive content updated each weekday. Those Planning and Management’s 2004 report athletic fields and outdoor equipment we don’t give ‘approvals’ any longer, interested in education, higher education, or found school construction across the at the school, the community could save but by statute, we review and pro- local government should also ask to receive region averaged about $116 per square the cost of a separate facility. vide comment, and the districts are weekly e-letters covering these issues. foot, compared to North Carolina’s re- Perhaps most profitably, the required to give consideration of our ported $114 last year. American School county has managed to combine projects comments.” CJ CAROLINA October 2005 JOURNAL North Carolina  Alarmist interpretation feared N.C. Climate Commission Might Not Strike Balance Continued from Page 1 1000 Years of Climate Change +1 appointees. Medieval Warm Period “We’ve got to see what the presi- dent pro tem and the speaker do in terms of their appointments,” said Ed Erickson, an economics professor at

North Carolina State University who 0 specializes in research of global-oil and global-warming issues. “My concern is that they will have been gotten to by the environmental lobby.” Temperature Change (Celcius) Change Temperature Brock sponsored a press confer- Little Ice Age ence in July at the Legislative Building -1 in which the John Locke Foundation 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 hosted Dr. S. Fred Singer, a physicist who Source: IPCC specializes in studying global-climate trends. Singer is president of the Sci- commission have ties to the environ- “This commission has balanced ship role in developing and advancing ence and Environmental Policy Project, mental groups, or themselves represent representation from entities across the those policies,” Duke CEO Paul M. An- a nonprofit research organization, who liberal positions on the environment. state and will be further balanced by the derson wrote to shareholders in March. disputes the claims of environmentalists Also participating will be an appointee appointments made by Senator Basnight “For example, we will be proactive on the who think global warming is unique and of Dr. William Schlesinger, dean of the and Speaker Black,” Caravano said. issue of global climate change…Ideally, a threat to the world. Nicholas School of the Environment and The business interests on the panel U.S. public policy should encourage a Brock is concerned that organiza- Earth Sciences at Duke University. He will consist of appointees made by Duke transition to a lower-carbon-intensive tions having established beliefs in the is a regional board member and advisor Power, Progress Energy, North Carolina economy through a broad-based ap- perceived dangers of global warming for Environmental Defense. Citizens for Business and Industry, and proach, such as a carbon tax or other are well-represented on the commission, In August, Schlesinger wrote an the Manufacturers and Chemical Indus- mechanism which addresses all sectors but that no critics of the global-warming opinion article for The News & Observer try Council of North Carolina. A. Preston of the economy.” theory have been appointed. That may be of Raleigh, in which he promoted the Howard, president of MCIC, said his Duke also made a $2.5 million because environmentalists pushed the idea of a carbon tax as an incentive to group got involved in the development donation to Duke University’s Climate legislation that created the commission lower the use of fossil fuels. of the legislation and helped swing the Change Policy Partnership, which in the first place. Leaders or designees “The United States needs to get overall balance of the commission. will fund research fellowships at state of Environmental Defense, the Southern real with the interconnected issues of “There were some issues with universities. Graduate students in the Alliance for Clean Energy, the North energy and climate,” he wrote. “We the bill we wanted to have addressed,” program will study economic issues Carolina Coastal Federation, and the can address both simultaneously by Howard said. “It’s certainly more bal- related to emissions regulations. Conservation Council of North Carolina adopting policies that increase the cost anced than the original bill.” In May the Charlotte Business Jour- are among global-warming theorists (and thus discourage the use) of tra- He said the commission needed to nal reported some surprised reactions who will be on the panel. ditional carbon-based fossil fuels, and have representation to counter “those to Anderson’s comments, including a “Global warming is the most with provisions that promote the use who view this as a near-term cata- U.S. senator’s. “Duke Energy has fallen profound environmental challenge of of alternative energies.” strophic issue,” because dramatic policy victim today to the scare tactics of the our time,” Environmental Defense’s Also on the commission will be changes would likely cost members of extreme environmental left on the is- website says. “Strong government action someone chosen by Douglas Crawford- his organization, which represents large sue of climate change,” said Sen. James is needed to combat this most urgent Brown, director of the Carolina Envi- industries, a great deal more. Howard’s Inhofe, R-Okla. environmental problem, and we are ronmental Program at the University of own views appeared to somewhat tem- Besides Duke, a foundation es- leading this effort.” North Carolina at Chapel Hill, and an- per the alarmist viewpoint. tablished by Progress Energy has also “Catastrophic storms like hur- other advocate for limiting carbon emis- “I believe in the near term, the donated to environmental causes, ricanes and intense thunder storms are sions. He teaches a summer program in globe is warming,” Howard said. “I including the N.C. Coastal Federation. more likely as the climate changes and Europe on International Environmental also believe it’s not the first cycle in However, Progress has not taken a will contribute to excessive erosion, Assessment and Energy Policy, some our history where we’ve seen the globe clear position on the global-warming flooding, loss of human life, devastat- years in Cambridge and other years warmed or cooled.” theory. ing losses to property and increases in in Salzburg, Austria. In June a British Howard said he isn’t sure whether Among the last of the additions to insurance costs,” says the Southern Alli- organization’s website, the Community global warming is a problem that needs the commission were a North Carolina ance for Clean Energy. “North Carolina Carbon Reduction Program, quoted to be addressed. But, he said, businesses State climatologist, Dr. Sethu Raman, already experiences more hurricanes Crawford-Brown about his work. in the state shouldn’t be put at an eco- and a research professor at East Carolina than any other state except Florida.” “We are coming here (to Cam- nomic disadvantage for a potential University who specializes in sea-level Groups that consider global warm- bridge) to learn lessons from the UK on problem that can be addressed only change, Dr. Stanley Riggs. They should ing a threat have called for dramatic how a responsible nation responds to nationally, if not internationally. have been among the first placed on the reductions in carbon dioxide emissions, climate change,” he said, “lessons to be “There is absolutely nothing any commission, Brock said. “If we have a which are mostly caused by the burning brought back to the States as examples of individual state can do to address this commission to study the climate,” Brock of fossil fuels. That would impose steep best practice to which our own country problem,” he said. said, “we should have people on the regulatory costs on large industries and and towns might aspire.” Howard wasn’t concerned that commission who study the climate.” energy companies. Crawford-Brown brought those global-warming skeptics weren’t repre- A spokesman for one of the partici- Opponents of the theory say the lessons back home and helped get sented on the panel, because those ex- pating environmental groups promised earth has always undergone prolonged them implemented in Chapel Hill. The perts “are accessible if we need them.” that credible scientists would represent periods of warming and cooling. The Town Council voted to join the project As for Duke Energy and Progress them. current trend is just part of the alternat- in September, voluntarily agreeing to Energy, their positions on the issue are “It’s very likely we will ask a mem- ing cycle, they say. They warn that if cut carbon emissions with a goal of 60 clearly not as doubters. ber of our board to represent us on the irrational policies in response to a nor- percent in reduction by the year 2050. “It is clear that the United States commission, who is a scientist who has mal, natural phenomenon are enacted, it Although Brock said opponents of needs cohesive environmental and en- considerable background in this area,” could do severe harm to the economy. the theory are not on the panel, Caravano ergy policies that break the continuing said Jim Stephenson, a program ana- Other representatives on the said there are. logjam, and we intend to take a leader- lyst for the N.C. Coastal Federation. CJ October 2005 CAROLINA  North Carolina JOURNAL North Carolina State Budget for 2005-2007 Teapot Museum Earmark Stirs Tempest in Media, Legislature

By PAUL CHESSER town retail businesses. According to through Golden LEAF, and $25,000 from Associate Editor Perhaps the toughest Woodie, the teapot the AdvantageWest regional economic RALEIGH punch came with the museum idea mate- development partnership. Woodie said proposed Alleghany County closing of Bristol Com- rialized when Jean the museum has also received about museum that would display pressors in early 2002, McLaughlin, direc- $500,000 in individual private contribu- 6,000 teapots worth more than $5 seven years after state tor of the Penland tions and $78,000 in grants from the Z. Amillion has become the poster child for and local governments School of Crafts, met Smith Reynolds Foundation. pork-barrel spending in the state budget cobbled together more Sonny and Gloria Woodie also said $1 million in fed- that was passed in August. than $15 million in in- Kamm during a trip eral funds have been requested through A $400,000 earmark for the Sparta centives for the plant. to Los Angeles. The U.S. Sens. Richard Burr and Elizabeth Teapot Museum was frequently mocked Local officials sued couple had been con- Dole, which could be allocated through in the media, and by Republicans in to recover the more sidering where they a Housing and Urban Development bill the legislative minority. The state GOP than $5 million it gave might permanently under consideration in Congress. Burr’s said the budget contained at least $40 Bristol, but because of display their collec- office did not confirm or deny that he million in pork-barrel projects, and in a weaknesses in the con- State Rep. Jim Harrell III, D-Surry tion, and McLaugh- was pursuing federal money for the press release called the teapot allocation tract, received only $1.3 lin recommended teapot museum. “egregious.” million back in a settlement. Much of the North Carolina mountains. The Asked why public money was But Rep. Jim Harrell III, an Elkin that money was redirected to help lure Kamms, after a phone conversation needed, Woodie said, “We’re really look- Democrat who sought the funding in the a Martin Marietta plant to the area. with Winston-Salem philanthropist R. ing for partners at all levels. We’re just state budget, said the museum’s critics Woodie said he knows manufac- Philip Hanes, Jr., visited Sparta and really pursuing every avenue.” don’t know enough about the project to turing will never be the presence that it quickly decided the area could benefit Harrell said he hoped the public evaluate its worth. once was in Alleghany County, but he from their collection. “investment” would spur private dona- “It’s only because of the title that also knows that tourism isn’t going to be Woodie said a traveling exhibit tions. “Hopefully (the state’s) commit- it’s receiving any grief,” he said. “It’s a the “silver bullet” of many of the ment and the federal commitment will great location for travel tourism.” to slay economic Kamms’ teapots at help people, as they are considering Sparta, nestled near the Virginia woes, either. “It’s only because of the museums around projects, to make a contribution,” Har- line about a six-mile trek off the Blue “We don’t see the country has rell said. Ridge Parkway, has lost one-third of the (Blue Ridge) title that it’s receiving any “spectacular at- Republican State Sen. Don East, its workforce in manufacturing plant Parkway as the tendance.” An who represents the area, said if lawmak- closings since 2000. Patrick Woodie, a panacea,” he said. grief.” economic impact ers are going to be passing out “pork” former Alleghany County commissioner “We know there’s a study determined that he wants “poor little Alleghany and now executive director for the teapot limit to how many Rep. Jim Harrell III that the project County to get some too.” But he added, museum, said the project represents the we’ll draw.” (D-Surry) would attract “If we could remove all pork from the area’s first concerted effort to emphasize Instead, area 61,000 visitors an- budget, I’d be more satisfied.” tourism over manufacturing to develop leaders view the nually and $7.5 Of the teapot museum, East said, economically. teapot museum as a unique attraction million in new tourism spending. “It’s a crapshoot whether we will ever “I wouldn’t say we’re backing off that will help foster overall downtown The museum is expected to cost realize a lot out of tourism. Hopefully manufacturing,” Woodie said, “but it’s redevelopment. about $10 million to build. As many we will.” a safe bet that it will make up a smaller “I don’t think anybody can per- as a dozen employees would be hired, Taylor, the county commissioner, percentage of our workforce.” ceive the future and understand the and the proposed annual operating was more optimistic and regretted the Like many other North Carolina implications of it totally,” said Warren budget would run between $800,000 stigma that has been attached to the communities, Sparta and Alleghany Taylor, a Republican Alleghany County and $900,000. project. Still, he said, the “any publicity County in recent years experienced an commissioner. “What I’m saying is it will Besides the state grant, the teapot is good publicity” principle could mean economic decline with the closing of have a definite effect on the revitalization museum has been awarded $380,000 of the current focus on the teapot museum several plants, followed by many down- of our downtown.” the state’s tobacco settlement money ultimately is positive. CJ Budget Funds State Internet Authority That Was to Expire

By PAUL CHESSER RIAA was originally planned to be dissolved islative Commission on Governmental Operations, Associate Editor Dec. 31, 2003, but the General Assembly instead E-NC reported “there is much more that must be ac- RALEIGH changed its name to E-NC and extended its life until complished for information technology infrastructure axpayer groups groused over the extension of the end of 2006. Then-state Sen. Virginia Foxx, now a in North Carolina.” “temporary” sales and income taxes — which Republican congresswoman, said at the time that the The authority, however, implied that its own originally were to expire in 2003 — in the state RIAA had only “some loose ends” left to complete its existence might need to be permanent to keep technol- Tbudget, but little noise was made about new money for original mission. ogy up-to-date in rural areas. a state-funded nonprofit that was to disappear also. “What they’re creating is a bureaucracy that “Technology turns over at a minimum every two The E-NC Authority, formerly the Rural Inter- doesn’t need to be created,” Foxx told CJ in June 2003. years,” the E-NC report said, “and the rural areas must net Access Authority, received another $1 million in The original funding from MCNC has been exhausted, keep up with these technology turns in order to create operating funds for the next two fiscal years. Current used for operations and grants. and maintain competitive rural economies.” state law forces the organization to discontinue at the A separate bill that would have extended E-NC’s Patterson said leaving the job to the private end of 2006. life until June 30, 2007, and also funded the new Tel- sector would leave holes in the state’s broadband The RIAA was created in 2000 with $30 million ecenters, passed the House Science and Technology Internet service. from the Microelectronics Center of North Carolina, Committee unanimously in April. But the bill was never E-NC, together with the state’s Rural Economic a technology research organization created in 1980 by considered by the full House or the Senate. Development Center, received almost $2 million Gov. Jim Hunt that was subsidized with up to $250 Executive Director Jane Smith Patterson said E- last year from the Assembly, in part for the develop- million from taxpayers through the late 1990s. The NC “is a state authority, not a permanent state agency,” ment of four more TeleCenters. It has also received purpose of RIAA was to serve as a temporary state but that the needs to help extend high-speed Internet funding from the U.S. Department of Commerce, authority to facilitate the extension of high-speed service to all areas in North Carolina are ongoing. Golden LEAF, and the Z. Smith Reynolds Founda- Internet service to the state’s rural areas. In its January 2005 presentation to the Joint Leg- tion. CJ CAROLINA October 2005 JOURNAL North Carolina  North Carolina State Budget for 2005-2007 Three-Year-Old Building Will Get $1.8 Million Renovation

By PAUL CHESSER siery Center, said he has operated on a Associate Editor $600,000 annual budget in recent years. RALEIGH The center has 13 full-time employees, ncluded among the special appro- and focuses on technological research priations in the recently passed state and economic development for the budget is a $1.2 million allocation textile industry. He said the Hosiery Ito renovate a building that is less than Center was established in 1990 at the three years old. request of many industry leaders, to That is because the $3.2 million help textiles maintain competitiveness structure at the N.C. Center for Ap- and relevance. plied Textile Technology in Belmont has “The Hosiery Center is doing such already been rendered obsolete—if it a wonderful job with the resources they was ever needed in the first place. The have,” Clary said. new funding will enable Gaston College, As for the Textile Center, Gaston which is taking control of the Textile College President Dr. Patricia Skinner Center, to add up to 18 classrooms. said its “old” building will continue to “The building was built to be house classes for industry training. She appropriate for housing large textile expects the new building to be primar- equipment, not classrooms,” said Rep. ily used for science classes as part of Debbie Clary, R-Cherryville. “That new a college-wide expansion, mostly as a building outdated itself quickly.” State Rep. Debbie Clary, R-Gaston State Sen. David Hoyle, D-Gaston support for its nursing program. She The Textile Center has been around said the duplication of classes is a thing for more than 60 years to support the of the past, because “it will be planned that voters approved in 2000, in order of the classes met during daytime hours industry and train its workers, but it from one central location.” to finish the building. when the Textile Center was open. struggled in recent years to transition She said the total cost for renovat- Carolina Journal last year reported Another earlier audit, conducted with diminished manufacturing in the ing the new building is estimated to be United States. Clary, who led the effort to in error that the building was funded by the state’s Community College Sys- $1.8 million, which will require addi- move control of the center to Gaston Col- completely through the bonds. tem, made several recommendations to tional funds from another source. lege, said it also was mismanaged under Lemons and the Textile Center “maximize both usage and efficiency” of “What we’re trying to do is make the leadership of Dr. James Lemons. She came under scrutiny in the last two the Textile Center and its facility. the building functional,” Skinner said. said the building was underused. years because it offered many classes The General Assembly phased out She also said that Gaston College “That is totally reflective of poor with a minimal number of students. A funding for Lemons’s position last year, will receive the annual appropriation planning by previous management,” CJ analysis of the 2002-03 school year and turned over a portion of its fund- from the state that had previously gone Clary said. found that of its 412 classes, 56 percent of ing to the Hosiery Technology Center The building project originally them had five or fewer students in them. in Hickory, based at Catawba Valley to the Textile Center, minus the $475,000 received funding through special ap- Seventy-three courses recorded only one Community College. The current pro- that the Hosiery Center will now receive. propriations in the 1997-98 state budget student. Many of the classes were also posed budget transfers $475,000 of the Since 1996, the state gave an average of cycle. Democratic State Sen. David Hoyle redundant to what Gaston College, less Textile Center’s annual appropriation more than $1.2 million annually to the and Republican Rep. John Rayfield, than 15 miles away, offered as well. to the Hosiery Center, which had lost Textile Center. both of Gaston County, were able to win Lemons also was the subject of a that amount from a Worker Training The state budget also earmarks $2.44 million for the new construction. state audit, which found that he had ac- Trust Fund that was financed through $500,000 for capital improvements, The Textile Center obtained $750,000 cepted outside teaching jobs at the Uni- interest earned on the Unemployment renovation, and equipment at Gaston out of the $3.1 billion university and versity of North Carolina at Charlotte Insurance Trust Fund. College, which it may use at any of its community college bond referendum and at Belmont Abbey College. Some Dan St. Louis, director of the Ho- campuses. CJ Two N.C. Congressmen Criticize Federal Response to Katrina

By PAUL CHESSER medicine or medical care, they are with- the responsibility of the Department of on the House floor. Associate Editor out effective shelter, they are without Homeland Security. He said FEMA was “But…there has to come a time for RALEIGH the protection against violence that law “extremely effective and fast-acting” in accountability,” he said. “If there is not s national Democratic Party lead- provides. response to Hurricane Floyd in North accountability for the stunning failures ers such as Howard Dean and “The failures that led to that are not Carolina in 1999, and that he did not that we have seen in our government’s New York Sen. Hillary Rodham the failures of the last four days, but of want “this nimble agency” to get bogged response to this hurricane, we will fail AClinton heaped criticism on President the last four years.” down in bureaucracy under Homeland again and again. Bush’s administration over the federal Miller delivered his remarks on Security. “I know that this administra- response to Hurricane Katrina, only a the House floor Sept. 2, when a $10.5 During a Cabinet meeting Sept. 6, tion thinks that accountability is an couple of North Carolina’s congressmen billion emergency appropriations bill Bush told reporters his goal was to get ephemeral thing. If there is an attempt outwardly joined in. for the hurricane’s victims was passed. help for the victims. at accountability too soon, it’s finger The two who clearly did — Rep. On the same day Price, in a statement, “I think one of the things that pointing. If there is an attempt at ac- David Price, D-4th, and Rep. Brad issued similar criticism. people want us to do here is to play a countability too late, then it’s something Miller, D-13th — had sharp words for “While our focus remains on help- blame game,” he said. “We’ve got to you should get over. the president. ing those who so desperately need it,” solve problems...There will be ample “Mr. Speaker, tell me when that “I share the anger of many Ameri- he said, “we must also ask some very time for people to figure out what went moment will be. Tell me precisely when cans at how shamefully inadequate our important questions about the inad- right and what went wrong.” the moment will come for accountability government’s response has been,” said equate overall planning for this disaster That wasn’t good enough for Miller, who is serving his second term and the role the federal government has Miller, however. for the failures of our response, for the in Congress. played in it.” “The president’s press secretary failures of our planning that have led to “Tens of thousands of Americans Price said he had raised concerns was asked earlier this week about our the devastation and the hardships that are living outside the walls of civiliza- two years ago when the Federal Emer- government’s response to the hurricane we are seeing now. And Mr. Speaker, tion. They are without food, they are gency Management Agency, previously and he said, ‘Now is not the time for fin- tell me where the line forms to ask hard without water to drink, they are without a separate agency, was moved under ger-pointing,’” Miller said in his speech questions.” CJ October 2005 CAROLINA  Washington JOURNAL

NC Delegation Watch Schools claim anti-gay discrimination

Jones seeks FTC intervention Can Law Schools Legally Ban JAG Recruiters?

In the days following Hur- By MAXIMILIAN LONGLEY ricane Katrina, when gas prices Contributing Editor increased dramatically, U.S. Rep. DURHAM Walter Jones, R-3rd, urged the Fed- case before the U.S. Supreme eral Trade Commission to protect Court involves the question of consumers from gougers: whether colleges and universi- “I am writing to urge you to Aties that accept money from the federal vigilantly enforce consumer pro- Treasury must, in exchange, allow the tection statutes in order to ensure military to seek recruits among stu- that oil and gasoline producers, dents. refiners, wholesalers or retailers are The lawsuit, Rumsfeld v. F. A. I. not unfairly gouging consumers. R., involves law schools whose poli- Citizens are certainly aware that cies exclude recruiters from the Judge Hurricane Katrina has exacerbated Advocate General corps in the various an already bad market situation for armed-service branches. The law schools oil and gas. claim that discriminatory employers “…It is critical for federal shouldn’t have access to career-place- authorities to closely monitor the ment services on their campuses, and marketplace to ensure that no one that the military’s “don’t ask, don’t tell” is exploiting consumers through policy (forbidding open homosexuality) unfair and illegal price gouging. The discriminates against gays and lesbi- strength of our nation depends on ans. The Association of American Law the people’s trust in the government Schools requires its members to exclude Maj. Gen. Michael D. Rochelle, commander of the U.S. Army Recruiting Command, con- to guard their interests, especially discriminatory employers. ducted a Pentagon press briefing in May to discuss some of the challenges facing Army during times of crisis.” In 1994, Rep. Gerald Solomon, R- recruiters (Department of Defense photo by R. D. Ward) N.Y., sponsored a measure to overturn these law-school policies. The so-called Hamilton said, but whether the military that raises an interesting concern about Solomon Amendment has been amend- can “hire the best and the brightest law the plaintiffs’ argument in the Solomon Burr introduces legislation ed several times since then. Today, the students.” The Solomon Amendment is Amendment case: If law schools have Amendment requires that every subdivi- “far from a suppression of free speech;” the First Amendment right to exclude Senators Richard Burr (R-NC) and sion of a college (such as its law school) law schools are “not required to back the people whose presence conflicts with the George Allen (R-VA) introduced legisla- must give the military the same campus government.” schools’ self-defined academic mission, tion that would require the Secretary access as other employers, on penalty Many organizations not directly then, by similar reasoning, other organi- of Energy to report to Congress on the of a cutoff of federal funds to the entire involved in the litigation have appeared zations could have a First Amendment existing federal plans and procedures institution. as amici curiae (“friends of the court”), right to exclude “minorities, women, relating to significant interruptions in The Solomon Amendment was urging the court to decide the case in and the handicapped. ” the transmission of gasoline and other challenged in federal court by the Forum particular ways. The American Legion An organization could simply say petroleum products. The legislation for Academic and Institutional Rights, is one of these organizations. Mike Dug- that its mission would be compromised would require the Secretary of Energy the Society for American Law Teach- gan, the Legion’s deputy director for by admitting such individuals. This to report to Congress the procedures ers, and certain individual plaintiffs. national security, said “the country can could legalize private discrimination and protocols by which the Secretary The Third Circuit federal appeals court use more folks in the army,” especially and make federal civil rights laws un- notifies the Governor and any Federal recently ruled the Solomon Amendment now when “the nation is at war.” The constitutional, the article speculates. elected official of a state affected by a unconstitutional, on the ground that law Solomon Amendment, and the recent FAIR’s Kent Greenfield denies significant interruption of energy. schools have a First Amendment right to modifications “putting teeth into” the that his group’s legal position would exclude military recruiters. The case is measure, will probably be upheld by the endanger civil rights laws. Greenfield now before the U. S. Supreme Court. Supreme Court, Duggan said, because of said that every First Amendment case Kent Greenfield, a professor at Bos- “judicial deference” to the military. involves balancing the interests of the ton College Law School, is the founder Another group appearing as a government against the interests of the and president of FAIR. Greenfield cites friend of the court is the conservative speaker. Myrick chosen for panel U.S. Supreme Court First Amendment Mountain States Legal Foundation. The According to Greenfield, the precedent as holding that the govern- group’s president and chief legal officer, government’s interest in forbidding ra- Rep. Sue Myrick (NC-9) was ment “can’t force people to speak.” If a William Perry Pendley, said military cial discrimination is powerful enough selected by the Speaker of the House law school allowed military recruiters to recruiters have “a true speech right,” to overcome a racist school’s interest in to the Select Bipartisan Committee to use the school’s career-placement facili- as opposed to the law schools, whose excluding blacks, even if such exclusion Investigate the Preparation for and ties, the school would be implicitly ap- claimed prerogative of excluding recruit- is part of the school’s self-defined mis- Response to Hurricane Katrina. Rep. proving the military’s “don’t ask, don’t ers is “not a real speech right.” sion. In contrast, Greenfield asserts, the Myrick will be joined by 10 other senior tell” policy, according to Greenfield. The law schools mistakenly rely government does not have a compelling members of the House on the Special Sylvia Law, a law professor at New on the Supreme Court precedent of Boy interest in promoting discrimination Committee. York University, is a member of SALT. Scouts of America v. Dale, which de- against gays and lesbians. “I’ve appointed Sue Myrick to Law said that law schools’ antidiscrimi- clares that the Boy Scouts have the First Some people claim that the case this special committee because of her nation policies are “neutral” and “gen- Amendment right to exclude openly involves the First Amendment rights extensive relief efforts and interactions eral,” applicable to all employers. The gay Scoutmasters. The gay Scoutmaster of recruiters, not the rights of law with FEMA in the last 20 years. As Solomon Amendment, Law declares, “wanted to be part of the Boy Scouts,” ex- schools. Mayor of Charlotte she helped get her adopts a “most favored recruiter status” plains Pendley, and this conflicted with Commander Wayne Johnson, a community back on its feet after it was for military recruiters, allowing the mili- the Boy Scouts’ self-defined mission. In former member of the Navy’s Judge Ad- devastated by Hurricane Hugo. tary to evade gay-rights requirements contrast, military recruiters would not vocate General corps, wrote in the April “That’s the knowledge and lead- imposed on other employers. become part of a university if they were 2005 issue of the periodical The Officer: ership we need on this committee, and Marci Hamilton, who teaches at given access to students. “When schools bar military recruiters, that’s why I wanted her on this commit- Yeshiva University’s Cardozo School of The Medill School of Journal- they are, in effect, censoring views with tee,” said Speaker of the House Dennis Law, is a self-proclaimed member of “the ism, which posts information about which they disagree. . .. Is this academic Hastert. CJ small . . . minority of conservative law upcoming Supreme Court cases, has freedom? Why not let the marketplace of professors.” The issue is not gay rights, published an article by David Keating ideas decide? CJ CAROLINA October 2005 JOURNAL CJ Interview  ACLU’s Rudinger: Courts Should Allow Swearing In on Koran

By CAROLINA JOURNAL STAFF that govern the religion or en- open to all religious texts. So we are ask- RALEIGH administration dorse or pro- ing for inclusion of the Old Testament, procedural controversy that of oaths in the mote religion. of the Bhagavad-Gita, of the Koran, of began in a Guilford County courtroom. The It just has to whatever text is in accordance with courthouse in June has now itself statute that we treat all reli- somebody’s faith. Abecome an issue for a court to decide. are challenging, gions equally. At issue? Whether witnesses preparing at least in how it So I don’t Martinez: This is a very emotional to testify in North Carolina should be is being applied think that gen- issue and you have done a number of in- allowed to take the oath to tell the truth in our courts, tleman from terviews, and typically you get a response by placing their hand on a religious text says that peo- Liberty Coun- from folks who are opposed to you—basically other than the Bible. ple who wish to sel had actu- saying that you are trying to eliminate the The American Civil Liberties take a religious ally read our Bible from the courtroom. And even though Union of North Carolina says, yes, and oath may do complaint, be- you have a response that’s very logical and that two Guilford County judges were so by laying cause what we based on your position in the lawsuit, it still wrong when they denied the request their hand on filed in court doesn’t seem to get through to people who to use the Koran. To make their point, the Holy Scrip- is not seeking are very concerned. How do you respond to the ACLU has filed a lawsuit against tures. to take the Bi- the emotion of your lawsuit? the State of North Carolina. Jennifer The other ble out of the Rudinger, executive director of the two statutes courtroom. We Rudinger: I understand people of ACLU North Carolina, joined Carolina give people the have no objec- faith who are wanting to continue to use Journal’s Donna Martinez in mid-August options of tak- Jennifer Rudinger, executive director of ACLU-NC tion to people the Christian Bible, and we say, “you ab- for an interview to explain the case. ing a religious choosing to be solutely should be able to continue to use oath by raising sworn in on the the Christian Bible in the courtroom.” We Martinez: This began when a person their hand in the air without the use of Bible if that is the holy text in accordance are simply asking folks to consider that of the Muslim faith requested that the Koran, any text or book whatsoever. The third with their faith. we are a religiously diverse society and not the Bible, be used for her swearing- option is a secular oath where “affirm” nobody is trying to replace Christianity. in when she was a witness in a Guilford replaces the word “swear” and the words Martinez: The second argument that We just need the government to not County courtroom. Why did the ACLU “so help me God” are deleted. Those those who are opposing you on this discuss a take sides. We need the government to become involved? second and third options are fine in the lot, has to do with the slippery slope. That is, adopt policies that are inclusive of all way that they are being administered, if this goes forward — someone can choose people of faith, particularly when you Rudinger: Well, initially what hap- but the first option — where people which religious text they would like to be are swearing people into the courtroom pened in that case is that she was not al- may use the holy scriptures — is being sworn in with in a courtroom —where does and you want them to tell the truth. It lowed to use the holy text in accordance applied in our courts to mean only the it really end and who decides? For example, really, if for their faith, it would be a with her faith, which is Islam, and we Christian Bible. if someone were to be a Satanist, and walked more important oath, something they heard about this and it sparked a debate. into a courtroom and said that they wanted would take more seriously. There was an Islamic center in Guilford Martinez: So you view that as dis- to be sworn in with a book that discussed that offered to donate a bunch of Korans criminatory? Satanism, would that be appropriate? Would Martinez: What’s next in the suit? to the court system — to be on hand to it be an option if your lawsuit prevails? be used for this purpose — and the court Rudinger: Absolutely. By allowing Rudinger: Well, the state has system said, “No, thank you.” only the Christian Bible to be used in Rudinger: That is their constitu- about a month to file their answer to So, interfaith groups, Muslim the administration of religious oaths in tional right. It really is. The government our complaint, and then at some point groups, the ACLU — a number of folks the courtroom, our state government is should not be in the business of deciding it would be scheduled for hearing in have weighed in on this — and it’s been discriminating against people of faith what religions are appropriate or accept- Wake County Superior Court, and it may an ongoing debate for about a month who happen not to be Christian. The gov- able and what religions are not. ultimately end up in the North Carolina and a half now. We wrote a letter to the ernment cannot take sides in the religion But if our statutes allow the use of Supreme Court to interpret our existing Administrative Office of Courts at the debate and must remain neutral. texts for people of faith, then it has to be statutes. CJ end of June. The Administrative Office of Courts is the rulemaking body for the Martinez: Now those who support court system, and we asked them to issue the policy as is, and therefore would oppose a statewide rule that would interpret an your lawsuit, really make two arguments as existing statute, which says people may I have read about this and listened to what lay their hand on the Holy Scriptures. We is very animated conversation on talk radio. asked the AOC to interpret Holy Scrip- Let’s talk about a couple of those. The first tures broadly enough to be inclusive of one was made in a Raleigh News & Observer multiple religious texts. story that ran on July 27, and it came from a Several weeks later the AOC got lawyer with a group called Liberty Counsel, back to us and basically punted the which is based in Florida. The gentlemen, ball. They declined to take any action. Mr. Erik Stanley, is quoted in that story with So we do not believe that the legislature this quote: “The ACLU is not attempting to needs to do anything about this. The bring accommodation. That already exists. statute as it is drafted, we believe, is They’re trying to erase history. Courtroom broad enough already to be inclusive oaths have always been done on the Bible.” of multiple faiths. That’s the end of his quote. He is correct that there is long standing tradition and Martinez: So you’re looking for the history in this country of the Bible as Holy North Carolina courts system to clarify the Scriptures, as holy text. How do you respond definition of Holy Scriptures. Right now, as to his argument? it’s been used, evidently that is interpreted as only the Bible. Although, people do have Rudinger: Well, we certainly can- an option when they’re sworn in to have no not continue discriminatory practices text used at all, correct? just because that’s how we’ve always done things. It is a well-settled precedent Rudinger: That is right. There are that the government must remain neu- three different statutes in North Carolina tral and it cannot discriminate against October 2005 CAROLINA  Education JOURNAL

State School Briefs Industry has surpassed tobacco in revenue

Bible class passes muster Is Child Care in N.C. a Crisis or a Conundrum? For more than a decade, Wake County Public Schools has offered By KAREN WELSH high-school students an elective Contributing Editor Bible class written by district teach- RALEIGH ers and praised for its emphasis on perators of a flourishing indus- academics, not religion. try in North Carolina claim to Two years ago, Wake added be suffering a crisis, each year an optional curriculum offered by Obegging the General Assembly for a Greensboro organization whose additional financial backing. Yet, the goal is to get the Bible back in public industry’s total net worth exceeds the schools, according to The News & accumulative revenue taken in by all Observer of Raleigh. the state’s tobacco farmers combined That curriculum has sparked a and generates more money and jobs lawsuit in Florida and, more recent- than most other organizations across ly, an intense school board debate North Carolina. in Texas. This year, the Greensboro This wealthy enterprise is the group, called the National Council state’s licensed child-care industry. This includes Head Start, Smart Start, Even on Bible Curriculum in the Public Licensed child-care centers in North Carolina employed 46,000 last year and had $1.5 Schools, removed sections of the Start, Early Head Start, Montessori billion in revenue course on the relationship between programs, early-intervention programs, the Bible and science, and on the full-day child care, and part-day pre- ing significant gains to meet the needs rors in their reports. One report saying accuracy of archaeological findings school. Together, they employed 46,000 of every child. that only 12 percent of needy children as related to the Bible. people and raked in $1.5 billion in rev- “We are requesting that action be receive child-care assistance is false, But some scholars say the cur- enue last year. Each year their cumula- taken to ensure every child in the nation Riedl said. Using the correct formula, riculum still promotes a religious tive voices grow louder throughout the has the opportunity to begin school on Riedl said 80 to 90 percent of children in message -- that the United States is state, demanding more assistance. a solid foundation that assures their need of subsidy are currently served. a Christian nation and the Bible its One of the reports often cited future success,” she testified. “I believe This holds true in Currituck foundation document. by professionals in the quest for more the investment in the lives of young County, where Social Service Director In Wake, the curriculum hasn’t funding in the child-care industry is children will demonstrate that making Kathlyn Romm said of the 459 children, been a matter of contention. “America’s Child Care Crisis: A Crime the needs of young children one of the from ages 6 weeks to 5 years old, enrolled “I evaluated the curriculum Prevention Tragedy.” Published in Janu- nation’s highest priorities yields signifi- in licensed day care in the county, only thoroughly and found it to be ac- ary 2000, it was researched and written cant benefits to society.” 46 children are waiting for a subsidy. ceptable material,” said Melinda by Dr. T. Berry Brazelton and other The numbers game, as Ponder Romm said she expects that number to Stephani, an administrator for cur- well-known authors, for the Fight Crime: described, and the waiting lists can be drop to 31 in the coming weeks. riculum and instruction at Wake Invest in Kids Foundation in Washington misleading when it comes to the alleged Riedl also found many families County Public Schools. “I have D.C. Robert Carroll, writer for the online child-care crisis throughout North Caro- who qualify and sign up for child-care- yet to have one complaint from a Skeptic’s Dictionary and Mass Media lina. Janet Fain, program manager in the subsidies have chosen to make other parent.” Bunk, said that although the report is Division of Child Development for the child-rearing decisions for their family. authored by an impressive list of JDs, N.C. Department of Health and Human “Enrollment of children in school or a MDs, PhDs and some police chiefs, the Resources, said there is a waiting list of Head Start program, or informal child Durham official promoted conclusions offered were incorrect. 25,597 children. However, these families care arrangements with immediate fam- “Unfortunately, the entire report aren’t waiting for child-care services, ily, neighbors or other parents, often lead The administrator who paved from the Fight Crime group is couched in but rather for child-care subsidy and families to turn down public child care the way for Durham high schools to terms of percentages and extrapolations vouchers needed to help alleviate their assistance,” he said. “Government pro- move to a block schedule format is from those percentages,” he said. day-care costs. grams should not be considered failures receiving a promotion, The Herald- “Not a single reference is made The waiting list is only for children simply because parents choose to use Sun of Durham reports. to the number of children in any of the who qualify for help in paying for day- other child care arrangements.” Patrick Rhodes led the school studies they looked at. There is also no care services. It doesn’t mean they can’t Brian Robertson, author of “Day system’s yearlong high school mention of methodologies used in the secure day care. This misunderstanding Care Deception: The Family Under reform effort as the district’s ex- studies, indicating that perhaps this has created a backlash for businesses Siege,” says the notion that families ecutive director for high schools, a issue was not deemed to be important considering coming to North Carolina. prefer day care for young children is process that included the transition by those studying the studies. One must Some of them have shied away from preposterous. Proponents of institu- to a block schedule with 90-minute take too much on faith for this report to coming to the state because they fear tionalized child care are the ultimate classes at Jordan, Hillside, River- be the basis of any intelligent action on their workers won’t be able to find day manufacturers of the “child care crisis,” side, and Northern. the part of lawmakers, the main group care for their children. he said. The proponents have vilified Rhodes, who served as prin- the report is aimed at.” Currituck County Manager Dan maternal and family-based care, bolster- cipal at Riverside from 2000 to Another disconcerting compila- Scanlon said he couldn’t recruit a major ing the case for day care on the ground June 2004, now becomes the school tion often misused in North Carolina is a business to his area because company that it equals “school” and that parental system’s assistant superintendent list of more than 25,000 children waiting executives thought there weren’t enough care deprives children of an important for secondary curriculum and in- for child care throughout the state. child-care facilities to meet the growing head start, he said. struction. This has concerned legislators, needs of the area. However, quite the “The truth is that their determi- Rhodes replaces Terri Moz- parents, and potential business owners opposite could be true. “I didn’t hear nation to justify the day care regime ingo, the former assistant superin- throughout the state. that there is a crisis of not being able trumps any evidence. And what they tendent of secondary curriculum The statistic is backed up with to provide enough child-care spots,” are determined to bring about is the and instruction who also received further propaganda. In testimony given Scanlon said. “I haven’t heard there are surrender of parental responsibilities,” a promotion this summer. Mozingo before the U.S. House, Karen Ponder, none available.” Robertson said. now serves as the district’s associate executive director for the North Caro- In a report written for The Heritage “The push for a system of publicly superintendent for instruction, and lina Partnership of Children, said that Foundation, “The Myth of a Child Care supported day care certainly reflects an monitors schools at the elementary, only one in seven eligible children is Crisis,” author Brian Riedl confirmed underlying hostility to the notion of parents middle, and high school levels. CJ served with combined funding through that key child-care industry leaders being primarily responsible for their chil- federal and state sources. In return, she continue to use outdated or misleading dren’s spiritual, intellectual, and emotional requested more money to continue mak- information riddled with statistical er- formation.” CJ CAROLINA October 2005 JOURNAL Education  Will Teacher ‘Double Dip’ Rules Commentary Exacerbate Teacher Shortage? A Labor Day Spent Unpredictably By RICK SMITH substitute teachers, said Judy Kidd, ith Labor Day fast approach- McKinney-Vento Homeless Act, lo- Contributing Editor president of the Classroom Teachers ing, my holiday plans were cal education agencies are required RALEIGH Association in Charlotte. in place: a trip to Atlanta, to serve all displaced and homeless Wthen back to work Tuesday. But with students. In North Carolina, state ducators in North Carolina who “We wanted no restrictions,” Kidd want to retire and immediately said. “We wanted uninterrupted service. rumors swirling of declining fuel law allows students affected by go back to work face new require- We feel that teachers should be able to supplies and soaring gasoline prices, natural disasters to enroll in public Ements before they can “double dip.” substitute and to work within other ca- car travel seemed ill-advised. I opted schools without the usual school or Whether the rules will exacerbate a pacities within the school system imme- instead for a weekend of immunization records. teacher shortage in the state remains to diately. Unfortunately, that’s unavailable home-based leisure, my Certainly, enrolling dis- be seen, but some educators are worried in the present form of requirements.” mind spinning with pos- placed children in new that indeed will be the case. Kidd is concerned that a lengthy sibilities. public schools will work The General Assembly this year debate over the legislation has caused But it was not to be. well for many students. faced a dilemma: balancing the needs some teachers to defer decisions about After learning that hun- But New Orleans has of public schools to hire more teachers retirement and returning to work. But the dreds of evacuees from some of the lowest-per- while at the same time establishing most immediate challenge, she said, will Hurricane Katrina would forming schools in the tighter control over retiring educators be a possible shortage of substitutes. be converging on our country. Simply mov- and administrators who instead chose “Where I think we are going to be hometown of Charlotte, ing these students to to return to work immediately. hurt is getting substitutes because they my husband and I headed other struggling schools Double dip- can’t come back over to the Charlotte will only compound an ping, getting re- immediately,” she Coliseum to find out how Lindalyn already unbearable trag- we could help. Red Cross edy. What part, then, tirement benefits “We wanted no restric- said. “They could Kakadelis while also being come back one officials directed us to a should charter schools paid to teach had tions. We wanted unin- day a week im- small area, indicating that and supplementary raised the interest mediately if they we could offer child care to par- service providers play? How can we of Internal Rev- terrupted service.” wanted to. Now, ents. After phoning the children’s offer these families quality educa- enue Service offi- these changes are ministry leaders at our church and tional choices? cials and alarmed Judy Kidd going to knock a number of friends, our new Labor I recently participated in a officials adminis- Classroom Teachers them out of that Day plans were hatched. conference call set up by the Center tering state retire- Association President opportunity.” We were given space on a hard for Education Reform, updating ment funds. H o w e v e r, tile floor, between a closed conces- education leaders from several Legislators Kidd acknowl- sion stand and a men’s restroom. At states on the efforts of charter school on one side of the edged that educa- 9 a.m. on Labor Day, our supplies operators working directly with debate introduced legislation that tors realized the IRS concerns had to be consisted of a few stuffed animals, relief efforts. While there is much would have enabled retired educators addressed. “We certainly didn’t want to crayons, Red Cross coloring books yet to do, early results are encourag- to return to work without any penalties. jeopardize the state employment plan,” (about floods, of all things!), and ing. Numerous private schools have Other legislators, concerned that the IRS she said. plastic, modular gates. No more already opened their doors to chil- might crack down on the state’s retire- Rep. Douglas Yongue , D-Hoke, than two hours later, our make- dren affected by Hurricane Katrina. ment plan, pushed legislation to end Robeson, Scotland Counties, disagreed. shift children’s service center was The U.S. Department of the practice. Statistical evidence also A retired teacher and former school transformed into a fully functional Education has established a web showed that double dipping was hurt- superintendent, Yongue was among child-care facility. clearinghouse, “Hurricane Help for ing the retirement plan by encouraging legislators backing a bill that would Kind-hearted, ordinary citi- Schools” (www.ed.gov/Katrina) teachers to quit earlier than expected, have enabled retired teachers to work zens provided us with all we need- matching schools assisting Katrina’s thus drawing down contributions. without penalty. The bill failed. ed: a 12 x 25 foot carpet, abundant victims with donors. In addition, The IRS and retirement fund wor- “We were just trying to streamline toys, a television, Disney videos, CER has successfully persuaded the ries prevailed. “We were so far out of the process that when educators reached boxes brimming over with books, U.S. Department of Education to compliance that it’s a wonder the IRS had the number of years to officially retire diapers, play pens, a changing table, set aside $20 million to pay for new not come in and disqualified our plan,” they could do so, draw retirement and rocking chairs, travel cribs, snacks, schools in hard-hit Louisiana. said Stanley Moore, a legislative fiscal come back,” he said. “They use the word an art teacher outfitted with proj- Jim Geiser, founder of Chil- analyst who was closely involved in the ‘double dipping’ to describe this, but ects and supplies, story tellers, and dren’s Charter School in Baton retirement-work debate. About 1,500 there’s nothing illegal about it. numerous volunteers. Rouge and director of the Louisiana educators a year were retiring earlier “We were trying to reduce the time So went one of my most Association of Charter Schools, has than expected and returning to work, teachers had to stay out. If they stay out memorable holiday weekends. But begun to open satellite campuses costing the retirement plan $5 million six or nine months, they may choose to our assistance, however well-timed, with the Big Buddy Program solely to $6 million a year. “We had people do something else. We wanted to make was only a temporary oasis. I was for evacuees from New Orleans. retiring one day, coming back the next sure we got competent teachers back in left wondering about the fates of the What does the future hold for day, and calling themselves something the classroom.” many children I met. I listened to these children who passed through else,” he said. Also, the school districts must pay one rising third-grader read fluently. my life on Labor Day? No one can Based on 30 years of service and the equivalent of 11.7 percent of the When he told me where he had at- say for sure. But the words of Mar- a salary of $50,000, an educator could formerly retired educators’ new salary tended school, I immediately knew tin Luther ring true: “Everything retire, draw half pay in benefits, and go into the state retirement plan. The funds it was a religious school. What will that is done in the world is done by back to work for $50,000, Moore said. must come directly from the educator or become of him, I wonder, and will hope.” If the goodness and mercy I The compensation package suddenly be taken out of his or her compensation his displaced family have the means witnessed from ordinary Americans increased by 50 percent. package, Moore said. to place him in a similar school? As is at work across the country, then In reviewing the situation, the Educators do not accrue any fur- an educator, I can’t help but be con- hope has its reason. CJ IRS told North Carolina that a total ther retirement benefits once they retire. cerned about the educational needs break in service was required and that Instead, the 11.7 percent goes into the of these children. no pre-existing agreement could be in fund to help compensate for the loss Some experts predict that Hur- place for someone to return to work, of contributions from educators who ricane Katrina could be responsible Moore said. are retiring earlier than expected and for the largest student resettlement Lindalyn Kakadelis is Director of The new rules could mean an im- thus helping deplete the retirement in our country’s history. Under the the North Carolina Education Alliance. mediate shortage, especially in qualified plan. CJ October 2005 CAROLINA 10 Education JOURNAL

School Reform Notes Teacher turnover growing concern

Bonuses at troubled schools Why Are Teachers Leaving the Classroom? Forty-four high schools in By JIM STEGALL the state are performing badly Guest Contributor enough that the governor thinks RALEIGH they need rescue teams to turn s the 2004 school year drew to them around. a close, more than 11,000 North Yet educators in 37 of those Carolina public schoolteachers schools this fall will get at least Apacked up their books and cleaned out $750 each in extra pay, a total of their classrooms for the last time. While $3.2 million, because their student some of them left to teach in other North test scores improved from last year, Carolina schools, most were leaving the The News & Observer of Raleigh public school system for good. Caught reported. between the growing number of veteran Beginning next month with teachers who reach retirement age, and 10 high schools in the Charlotte- the exodus of disillusioned new teach- Mecklenburg district, the special “turnaround teams” will diagnose ers, schools struggle each fall to plug the the schools’ weaknesses, then de- holes left by departing staff. velop plans to correct them. In all “Teacher turnover,” as the phe- nomenon is called, troubles education North Carolina teacher turnover has been 12-13 percent since 2001, much greater than the schools, including Durham’s the national average of 8 percent Hillside and Southern, passing rates officials not only in North Carolina, on state exams last year were below but also throughout the United States. We Can Do About It”), which pointed North Carolina. 60 percent. Most were below that A recent survey conducted by the Na- to five factors that led teachers to quit. However, there is some good news. level the previous year as well. tional Center for Education Information The study claimed that new teachers DPI checks with school systems in Oc- Meanwhile, 3,262 teachers showed that 40 percent of the nation’s were given the hardest assignments tober each year to find out how many and other educators in the 37 quali- public school teaching force expects not and little support, and that teacher- teaching positions are still unfilled two fying schools are getting bonuses to be teaching five years from now. training programs left them generally months after school begins. In October under the state’s ABCs account- On the surface, North Carolina’s under-prepared for the demands of the 2003 schools were operating with 99.2 ability system. turnover problem may be even more profession, particularly in classroom percent of their teaching positions filled. “Parents of children who are severe. The Department of Public In- management. While vacancies were up slightly last failing have nothing to celebrate,” struction, which tracks teacher turnover, It also cited the absence of a pro- October, the vacancy rate was still only said Richard McElrath, a retired reports that the rate of turnover has hov- fessional career ladder, lack of access to 1 percent. Most vacancies were in the math teacher in Charlotte and ered between 12 percent and 13 percent appropriate technologies, and too many areas of exceptional children, elemen- founder of People United for Edu- since 2001. That’s significantly higher demands upon teachers‚ time both inside tary, middle- and high-school math, and cation, a group pushing to improve than the 8 percent rate for the nation re- and outside the classroom, as disincen- middle-school language arts. the district’s schools. ported by the NCEI (although a bit lower tives to remain in the profession. The North Carolina Teacher Work- than the National Center for Education In response, the General Assembly ing Conditions Survey, 2004 seemed to Statistics’ figure of 15 percent). approved legislation to improve teacher indicate that teachers in this state are Institute plans First School DPI collects data from school sys- training and to provide paid mentors relatively satisfied with most aspects of tems to determine why teachers are leav- for new teachers. School administrators teaching. Large majorities cite the sup- They’ve got some land, more ing. DPI’s report shows that the largest were forbidden to give new teachers port they receive from administrators, than $2 million and a plan to revo- group of those who leave (19 percent) extra duties unrelated to their field and the input they have into school deci- lutionize public schools, The News do so to teach somewhere else, and that without their consent. Administrators sions, as benefits of teaching here. & Observer of Raleigh reports. most of those plan to teach somewhere now say that supporting new teachers About one-third of North Caroli- The Frank Porter Graham in North Carolina. But it is the teachers and guiding them through their first na’s teachers participated in this survey Child Development Institute at who are lost entirely to the teaching years in education is one of their high- last year, and the most common com- UNC-Chapel Hill also wants to profession that are of greatest concern to est priorities. plaints were that classes were too large partner with one of the state’s top- education officials, and these tend to fall Technology has been upgraded (48 percent), and that they were given ranked school systems, the Chapel into two categories: experienced teachers in many schools around the state, with too many extra duties and administra- Hill-Carrboro City Schools. who elect to retire, and new teachers who most teachers now having an Internet- tive tasks (52 percent). The percentage of By 2009, the institute plans decide (usually in the first two or three capable computer in their classrooms. teachers who said they were dissatisfied to open First School, an innovative years) that teaching is not for them. In In addition, teacher pay was increased with teaching as a career (13 percent) was program that would bring in 3-year- effect, the state’s teacher work force is until it briefly flirted with (and exceeded, virtually the same as the 12.4 percent olds and teach them through second being drained from both ends. when benefits and local cost of living turnover rate for that year. or third grade before sending them North Carolina’s teachers partici- is factored in) the national average in So while the rate of teacher turn- to traditional public schools. pate in the Teachers‚ and State Employ- 2000-2001. over is troubling to some, it doesn’t The institute recently finished ees‚ Retirement System, which allows But despite these efforts there is no necessarily have negative implications a study showing that although most to retire after 30 years of service, sign that North Carolina is doing better for the oft-commented-upon teacher more U.S. school systems have regardless of age, or after five years of at retaining new teachers now than it was shortage.‚ Teaching tends to be a revolv- pre-kindergarten programs, some service at age 65. Although the income eight years ago. DPI’s Teacher Turnover ing-door profession that people move are just “not very good,” said Don provided is modest, it’s often enough Report does not track teachers who leave into and out of as personal or profes- Bailey, director of the institute. to allow veteran teachers to leave the by age group or experience. However, sional circumstances dictate. The First School would pro- classroom in their 50s and begin sec- it does reveal that of the 11,399 teach- It is also a highly portable profes- vide a “seamless transition” be- ond careers, or work part-time in some ers who left in 2004, the latest year for sion—a comprehensive benefits package tween early childhood and el- other field. which data are available, 7,805 did not and retirement plan, consolidated at the ementary school, Bailey said. The At the other end of the spectrum, have tenure, meaning that they had been state level, makes it easy for teachers second- or third-grade years, he recent efforts by school systems and employed in their school system for less to change jobs frequently in search of said, are a much more develop- the state to keep new teachers in the than five years. personal or professional fulfillment. mentally appropriate time for that profession have yet to bear much fruit. While some of these must have The teacher turnover report for transition than the kindergarten In 1997 the Public School Forum, a been veteran teachers, hired from an- the 2004-2005 academic year is being years. CJ Raleigh-based education-policy think other jurisdiction within the last five prepared by DPI’s Human Resources tank, released a report (“A Profession in years, many would have been new to Division. It is due to be presented to the Jeopardy: Why Teachers Leave & What teaching, or at least new to teaching in State School Board in October. CJ CAROLINA October 2005 JOURNAL Education 11 North Carolina Charter Schools Facing Fiscal Gap

By KAREN WELSH charter school facilities. Contributing Editor “One of the major differences is charter schools RALEIGH don’t receive money for the purchase or building of n terms of educational funding, the monies have their facilities,” he said. “I think the state legislature is been weighed, measured, and found wanting in wrong for not giving them money for their facilities. North Carolina. Charter schools should be able to build facilities that I A 153-page study released in August 2005 deter- are equal to their public school counterparts.” mined children attending charter schools in the state Gerber agreed with that part of Moyer’s assess- are receiving $414, or 5.5 percent, less per student than ment. “The building thing is always the hardest thing public school pupils. The number jumps drastically for for charter schools,” he said. “Buildings and schools charter school students living in Wake County. They go hand-in-hand. The location, appearance, and curb fall behind public school students by $2,727, or 29.5 appeal are important to people.” percent each year. Gerber said at least 10 to 15 charter schools The disparity in funding was brought to light in couldn’t open because they couldn’t find a suitable a comprehensive report by the Thomas B. Fordham building. There may be other legitimate reasons for Institute, “Charter School Funding: Inequity’s Next Students leave for the day at Raleigh Charter High the under-funding. Paul LeSieur, director of School School on Haynes Street (CJ photo by Don Carrington) Frontier.” Business Services for the North Carolina Department “U.S. charter schools are being starved of needed of Public Instruction, was responsible for providing funds in almost every community and state,” the iels, director of research for the North Carolina Policy the numbers to the Fordham Institute. study’s foreword, by Chester E. Finn Jr., and Eric Os- Center, a nonprofit organization dedicated to lobbying He said the discrepancy of funds on paper could berg, says. “These data command the urgent attention legislatures on behalf of charter schools throughout the be result of federal grants and individual school fund- of all policymakers—not just charter partisans—be- state, said the Fordham Institute has done a good job raising that distorts per-pupil amounts. cause charter schools are no less public than their of pulling together the statistics for the report. “There’s a lot involved in this,” LeSieur said. traditional counterparts and typically serve needier “This study is a useful tool,” he said. “It illustrates “Much more than we’re seeing. There can be a lot of students.” the discrepancies charter schools have to go through variances,” he said. “For example, Wake County, with Finn and Osberg said the charter movement to get off the ground. They often struggle the first few a larger population, gets a lot of direct grants into their is at a crossroads, one that has grown from infancy years to get themselves off the ground. Charter schools school system.” to adolescence, establishing itself as a major source tend to face an uphill climb.” LeSieur said charter schools are often eligible of educational opportunity for America’s neediest This report isn’t a shock to the charter school to apply for the funds, but often they don’t have the children. industry in the state, said Roger Gerber, communica- manpower to complete the paperwork needed to They said, however, that enemies of charter tions director for the North Carolina League of Charter secure the grants. schools are under-funding charter schools, prevent- Schools. “This is something we’ve known for a while,” Whatever the reasons for the imbalance, Gerber ing state legislatures from enacting more effective he said. “It shows what we’ve always said—we do said, measures should be taken to make sure charter charter laws and keeping the caps tight, and limiting more with less.” schools are given the chance to succeed. the number of charter schools and how many children The only upbeat note in the study was the find- “It’s the basic principle of what’s fair,” he said. who enroll in them. ing that North Carolina is only a “moderate” offender “Everyone should start off with the same amount of “In some places, (charter schools are) beginning in creating a fiscal gap between public and charter money. Most people want us to be performing at a to show promise as a competitive spur to existing schools. However, Gerber said, $414 per pupil is too higher level than our public school counterparts, but schools,” Finn and Osberg said. “Yet its success and low, and that it should be closer to $1,000 less funding we aren’t on equal footing. It would be nice not to be staying power have only strengthened the resolve of per charter school student. treated like second-class citizens.” its many opponents to cram what they view as an evil In the state’s defense, Jack Moyer, director of Moyer said changes in the system would depend education genie back into its bottle. And keep it on Charter Schools for the North Carolina Department heavily on parents seeing the need and the legislature short rations in the meantime.” of Public Instruction, said state and local officials treat understanding the ongoing needs. Finn and Osberg In taking a closer look at their analyses, North charter school students equitably with their Average said the only way to resolve the problem may be Carolina appears guilty on all counts. Stephen Dan- Daily Money, but not when it comes to a funding through the court system. CJ October 2005 CAROLINA 12 Higher Education JOURNAL Course of the Month UNC Board Nomination Process Under Fire Teaching ‘bout his generation Leaders and nominees weigh in on this year’s flawed and contentious selections his month’s winner is a new distance-ed course in the By SHANNON BLOSSER took place, to meet with members to Dept. of Sociology at North Contributing Writer discuss why they wanted to serve. TCarolina State University: SOC 495- CHAPEL HILL However, those meetings all took place M: Social Movements for Social everal months after the contro- behind close doors; there is no record of Change. The instructor is Prof. Tom versial nomination process for what was said. Hoban, already known to CM for members to the UNC Board of Mills, who was appointed in the playing anti-war music videos in SGovernors was completed, some experts House, said he met with members and his sociology survey course. say they are unsure if the process used gave them his qualifications. He also Hoban announced this new actually followed the law. However, said he sat in on a caucus meeting where class in a mass e-mail. “The class will at least one legislator influential in the nominees were discussed before a vote give you three credits of 300 level decision process contends that noth- was moved to the floor. social science or 500/600 if you are ing illegal occurred in the nomination Grainger, who was re-appointed, a grad student (I need to check this process. also said he went to the legislature to out),” he writes. The difference is, In April, Senate members approved talk to legislators. “Grad students will need to write the nominations of eight members to the “That is the only way to do it,” a research paper based on their Board of Governors after Senate leaders Grainger said. “You go door-to-door.” interests and discipline.” said four nominees — Michael Brader Hayes said he met with key About his new course, Hoban Araje, Luther Hodges Jr., Robert Ken- leadership on both sides of the aisle writes: “You are going to learn how nel, and John Spotswood Russell — had According to Orr, if 10 qualified in the House and Speaker Jim Black to make the world a better place. asked for their nominations no longer nominees were nominated by a Senator and Speaker Pro Tem Richard Morgan We will focus first on the Sixties to be considered. The move sparked for a vote, then those nominees would individually. counterculture as a model of the type criticism from Senate Republicans, who have to be advanced for a vote on the “I was fortunate enough to get of social movement some of us feel said they had not heard of any nominee Senate floor. If there were more names elected,” Hayes said. “I’m very excited that young people need to recreate. asking not to be considered — and espe- on the ballot than the required 16, a com- about being on the board.” You should preview my site: www. cially not of Hodges, who was the only mittee could eliminate candidates to get hiphappy.com. This will be part of Republican under consideration. the ballot down to 16, he said. Campaign contributions your first assignment. We will have In June, House members also “The key is how many qualified regular online meetups, plus some completed their nomination process in people were submitted as nominees,” The General Statute is unclear on cool discussions. If you don’t al- a similar fashion. On June 30, Rep. Bill Orr said. what professional or higher education ready you should watch the Daily Culpepper introduced House Bill 1788 Sen. Jeanne Lucass, D-Durham, background qualifies one candidate Show with John Stewart every night to nominate the House’s slate of BOG who was one of the sponsors of the Sen- over the next to serve on the Board of so we can discuss right after. I also nominees. The bill was brought to the ate legislation, said there was nothing Governors. plan to hang out one night a week House floor for immediate consideration wrong or illegal with the way the Senate However, several BOG members in Raleigh (likely Mon nights) where and was approved — but not before a nominated its BOG members. Luccas, and those who were nominated to serve we can meet in person. Perhaps at protest by some members, including Re- who was abrasive in her answers, said this year are contributors to political the Farmhouse!!” publican Rep. John Blust, who claimed the process used by the Senate has been campaigns, according to state and The course won’t all be cool that the action violated state law govern- in place for some time. federal campaign finance records. Of discussions, hanging out, and ing the BOG election process, especially “It isn’t just one piece,” Luccas the 17 people who were nominated to watching the Comedy Network, General Statute 116-6. said. “It’s an entire quilt.” serve on the BOG this session, 12 gave however. Hoban writes, “You will When the dust settled on the two campaign contributions during the 2004 be working in teams to make real nomination processes, 17 members, Campaigning by nominees election cycle. things happen here in Raleigh and including one to fill an unexpired term, The largest contributor of the 12 around the world.” But never fear: were nominated to the Board of Gover- At least one of the nominees Sen- was Mills, who gave more than $14,000 “At the end you will be hipper and nors. Those members were: chair Brad ate leaders pushed off the ballot had to political candidates, mainly on the happier!!” Wilson, Hannah Gage, Phillip Dixon, questions with the way the vote took federal level. However, he also made An apologetics course on Ray Farris, Peaches Gunter Blank, Willie place. Hodges said he never told Senate contributions to Rep. John Sauls ($250) hippies? Groovy, baby. But why? Gilchrest, William Smith, Jim Phillips, leaders he didn’t want his nomination and Rep. Beverly Earle ($250). Hoban’s web site gives some clues: Bradley Adcock, Dudley Flood, Frank to be considered. Instead, the former When asked if legislators demand- “Hippies, young and old, are the Grainger, Charles Mercer, Fred Mills, BOG member said he wanted to serve ed a campaign contribution in turn for only hope for getting our country Craig Souza, Irvin Roseman, David because he saw some concerns with the their vote, Mills said “No.” back on the right path. ... The time Young, and Charles Hayes. system’s current operations. “That’s a big no,” he added. is right for young and old to join General Statute 116-6 outlines two Hodges met with every Senator Others who did not contribute hands and vote out the right-wing requirements for the election procedure, while attempting to get re-nominated to to political campaigns said they told republicans before they cause any one covering the nominations and bal- the board. He claims that one of his spon- legislators they would not make a con- more damage.” loting and the other specifying when the sors, freshmen Senator Bob Atwater, a tribution. Plus, “it has become difficult vote must occur. According to the statute, Democrat who represents Chatham and “I didn’t give them any chance,” to remain on sidelines as an objec- nomination ballots should include “at Durham counties, was under pressure Hayes said. tive observer (where academics are least twice the number of candidates for from the Senate leadership to rescind supposed to be, professionally),” he the total seats open” if there are enough his nomination. Next election writes. So he didn’t. He became a qualifying candidates. It also says that Hodges said serving on the BOG missionary. “I want to help protect “each house shall hold their elections was the area of public service that he The next time legislators will select the world from the destructive within 30 legislative days after appoint- felt he had the best opportunity to give Board of Governors members will be in American consumer culture,” Ho- ments to their education committees are something back to the state. 2007. Sixteen seats, or half of the BOG ban writes. “We need to pick up the complete.” “I wanted to serve,” Hodges said. membership, will be up for nomination social revolution that the hippies Former North Carolina Supreme “I never had a chance.” at that time. started.” Court Chief Justice Bob Orr, who is the But nothing that Hodges did was Orr said it will be up to members Lucky for Hoban, N.C. State executive director of the North Carolina out of line or unusual compared to what to insure the integrity of those elec- gave him a forum to preach his Institute for Constitutional Law, said the other nominees did in their efforts to be tions. “From now on the Republicans message to the great unwashed statute was “poorly written.” elected to the BOG. Some of the nomi- are going to have to make sure if there — or should that be the great Orr also said that a legal case could nated board members said they made are eight openings that they have 16 washed? CJ be made to question the legality of the appearances at the General Assembly people who are qualified nominees,” elections. throughout the session, before the votes Orr said. CJ CAROLINA October 2005 JOURNAL Higher Education 13 Edwards Outlines Center Plans Commentary

By SHANNON BLOSSER Edwards to serve as the executive direc- When Is a Student NOT From N.C.? Contributing Writer tor. Nichol has since left UNC to serve as CHAPEL HILL the president of the College of William n one of the strangest state popecenter.org/inquiry_papers.) n front of a crowded UNC-Chapel and Mary in Virginia. budget provisions in years, if a One of the components of the Hill Law School Rotunda, former Since being named executive direc- student from Ohio (or any other U.S. News calculation is “student U.S. Senator and Vice President tor, Edwards, a Democrat, has been on Istate or even a foreign country) is quality,” which they measure by the Icandidate John Edwards outlined his the tour with his One America Commit- awarded a full scholarship to attend SAT scores of the enrolled students. plans Wednesday to address poverty tee, a political action committee estab- one of the campuses of The higher the average through the Center on Poverty, Work lished to insure Democratic majorities in the UNC system, then SAT score, the better and Opportunity. state legislatures across the country as that student can be offi- a school looks to U.S. E d w a r d s , well as promoting other issues and his cially counted as being a News. And that is why who is serving as potential 2008 presidential campaign. North Carolina resident. the out-of-state student the center’s ex- Edwards has also given speeches in key What is going on? Why cap is an annoyance ecutive director, election states such as New Hampshire say that a kid with a to Chapel Hill and NC said the poverty and Iowa. New Jersey driver’s State. They have to turn issue was more Wednesday’s event was to promote license is a North Caro- away some students important now the center and to introduce its staff and a linian? from other states every given the affects lecture series on poverty. On Oct. 31, the The answer is that year with SAT scores of Hurricane Ka- center will host former Republican Vice this bit of definitional that are higher than trina, which has President candidate and founder and legerdemain is designed average so as to stay left homeless hun- John Edwards co-director of Empower America Jack to evade the long-stand- within the enrollment dreds of thousands Kemp in a debate with Edwards. ing cap on out-of-state residents cap. in the New Orleans and central Gulf The lecture series will also include who may enroll in the state univer- Therefore, the budget provi- Coast area. According to U.S. Census a summit on Nov. 3 on “The Shifting sity system. Under state law, UNC sion is motivated in part by a desire data, the U.S. poverty rate rose from 12.5 Landscape of Poverty: Bridging the Gaps campuses cannot enroll more than to be able to admit more high SAT percent in 2003 to 12.7 percent in 2004. in Poverty Research and Policy.” 18 percent of their students from applicants from other states so Edwards called poverty the “Jack is a very thoughtful and good non-residents. Since the taxpayers of Chapel Hill and State can — maybe greatest moral issue facing the country man,” Edwards said. “We’re excited to the state put up most of the money — gain a spot or two in a meaning- today. have him here.” to operate the UNC system, the less college beauty pageant. The cost “Poverty is the problem,” Edwards Edwards said the majority of the argument goes, most of the places will be felt by some North Carolina said to a crowd of 200 people. “Work center’s work will focus on research that for students ought to be reserved for students who won’t get into the is the solution. Opportunity is what’s has been conducted by faculty members students whose parents pay taxes flagship institutions and will have to missing.” and students at UNC as well as ideas be- into the state treasury. settle for their second-choice schools The Center on Poverty, Work and ing presented by recognized leaders and Whether the percentage is 18 instead. Now that isn’t a disaster. Opportunity was created shortly after experts on poverty related issues. or 24 or 15 or some other number is Lots of students don’t get into their Edwards lost his bid to be vice president “We have a lot of opportunity to do arbitrary. This isn’t a math problem first pick schools. But stacking the during the 2004 election. It was cre- good things,” Edwards said. “We need where there is a right answer. In re- deck against state residents over ated by former Law School Dean Gene to have everyone’s perspective on what cent years, there have been forthright something as trivial as one maga- Nichol, who set up a professorship for needs to be done.” CJ attempts to increase the percentage, zine’s college rankings seems hard but they have failed. This year, a to justify. A majority of the General stealthy ambush appears to have Assembly thinks otherwise, though. Private colleges help out, too worked where frontal attacks were The “full scholarship = state previously defeated. resident” provision was also pushed Who wanted this provision by the athletic booster clubs at the in the budget? The top brass at flagship schools. Providing a full UNC Helps Katrina Victims Chapel Hill did. In the past, they scholarship to get a prized athlete have argued that their school would into State or UNC costs them less By SHANNON BLOSSER All 16 of UNC campuses plan to benefit from greater “geographical — about $13,000 per year less — if Contributing Writer provide assistance to hurricane victims. diversity” if the enrollment cap were the student only has to pay resident CHAPEL HILL Duke plans to open its doors to at least raised. Uttering the word “diversity” tuition. So this is also a way of he University of North Carolina 75 students. Other schools in the state has become the all-purpose thought stretching the funds of the athletic system is joining other members such as Salem College, St. Andrews, stopper in academia — no one who booster groups. They can help lure of the Southern Association of Peace College, and North Carolina Wes- questions any aspect of the incessant into the state the star linemen and TColleges and Schools to provide spaces leyan College are also making plans for chant for more diversity can remain point guards they want to see bring for students affected by the catastrophic students from the Gulf Coast. a member in good standing of the glory to the sports teams and have damage caused by Hurricane Katrina in At UNC-Chapel Hill, the affected education community. Often, it’s more money left over for other New Orleans. students had to be a resident of North used to hide other motives and that’s booster projects and activities. Universities such as Tulane and Carolina to be considered. The school the case here. There’s nothing wrong with Loyola in New Orleans have cancelled only expects students to enroll in two or Each year, U.S. News & World those groups stretching their bud- classes for the fall semester, while oth- three courses because the semester has Report publishes its college rankings. gets, but is that important enough ers have slowly re-opened after Katrina already been in session for two weeks The enterprise is something like a to go through the gyrations of — a strong Category 4 hurricane when at the time they enroll. beauty pageant in that there is no declaring students who are clearly it made landfall near New Orleans on Students will be required to pay objective way of saying that Prince- residents of other states to be North Aug. 29 — caused massive flooding for all tuition and fees. ton is better than Harvard, any more Carolinians? throughout the city leaving hundreds of North Carolina State is also pro- than there is in saying that Miss Wis- Apparently a majority of the thousands of residents homeless. viding distance education courses to consin is better than Miss Arizona. General Assembly thinks so. In a prepared statement, UNC affected students. According to NCSU Nevertheless, many college admin- What do you think? CJ President Molly Broad said preference information, students in good standing istrators take the U.S. News rankings will be given to North Carolina students at their home institution will be eligible seriously and will go to considerable Leef is the executive director of who were attending school at one of the to enroll for courses. lengths to move up. (The Pope Cen- the Pope Center for Higher Education affected universities. However, Broad “We join the nation in mourning ter has published a critique of the Policy. Visit PopeCenter.org for more said, accommodation for the displaced the devastation and loss of life as a result U.S. News system, online at www. information about its programs. students will only be to the extent that of Hurricane Katrina,” NCSU Chancellor each campus can provide. James Oblinger said. CJ October 2005 CAROLINA 14 Higher Education JOURNAL Bats in the Belltower Legislature Offers Controversy, NCAA Issues Further Challenges New Regulations for Higher Ed

By SHANNON BLOSSER crease in funding for UNC campuses. To Schools’ ‘Offensive’ Mascots Contributing Writer The UNC portion represents 12.1 percent INDIANAPOLIS, IND. (Dutch), Louisiana Lafayette CHAPEL HILL of the $17.2 billion state budget. Included n NCAA committee has (Ragin’ Cajuns), Luther College he North Carolina General in UNC’s allocation was funding for the issued new demands to (Norse), Maryville College (Fight- Assembly’s long session of 2005 controversial North Carolina School of several colleges and uni- ing Scots), Michigan State (Spar- saw controversy surrounding its Science and Mathematics tuition waiver versities across the nation seeking Tdiscussions of higher education issues. program, which allows graduates to at- A tans), Monmouth College (Fighting justification for their continued use Scots), New Mexico Tech (Pyg- Controversy primarily centered around tend a UNC system school of their choice of offensive mascots, NCAA of- mies), Northern Kentucky (Norse), two pieces of legislation that Senate without paying tuition. ficials announced today. At issue Notre Dame (Fightin’ Irish), Ohio leaders attempted to push through The House’s version of the budget is enforcement of the NCAA’s new Valley University the budget process, only one of which had eliminated funding for the NCSSM edict against “hos- (Fighting Scots), saw the light of day when the budget tuition waiver program, but it was in- tile and abusive Portland State was passed nearly two months behind cluded in the Senate’s version. racial/ethnic/ (Vikings), South- schedule. Also in the budget is a provision national origin ern Cal (Trojans), The legislative session saw the Uni- for $72.8 million in enrollment growth mascots, nick- UNC-Greensboro versity of North funding, which names or imag- (Spartans) and Carolina system gives money based ery,” with which Wooster College receive an 11 per- A divisive tuition pro- on the number of schools must (Fighting Scots). cent increase in students at each abide in order to But it’s funding from the posal was removed, but campus. The bud- general revenue get also requires have eligibility not just race or the UNC Board of Gov- to participate in ethnicity be- budget. UNC’s that UNC lead- NCAA postseason ing mocked by budget appropria- ernors commissioned a ers, the Office events. schools, Knicker- tion is $2.1 billion of State Budget The Execu- twist said. “Sev- for the 2005-06 fis- task force to study the and Management tive Committee on Making Foolish eral other categories of individuals cal year. and the General Pronouncements During the Off- are affronted every day by univer- Discussions issue. Assembly’s Fiscal Season, reputed to be the NCAA’s sities being hostile and abusive to on two legislative Research Division busiest committee, initiated the lat- them by mascots,” she said. proposals led to a review implemen- est spate of demands. Their purpose Among them: gun owners. rift between UNC-Chapel Hill leaders tation of the funding. is to clarify and expand the NCAA’s Knickertwist’s committee has com- and supporters and UNC system lead- UNC leaders, including President position on offensive mascots, said piled a list of school mascots that ers. UNC-Chapel Hill sought through Molly Broad, have lobbied for legisla- committee head Giselda Knicker- are likely gun owners, which the the budget process a provision that tors to include funding for enrollment twist. committee thinks may be offensive would allow the school and N.C. State growth in UNC’s continuation budget “People seemed to think we to liberals, thieves and legislators. University to set their own tuition rates instead of the expansion budget simi- were just pretending to be against They include Appalachian State without approval from the UNC Board lar to what is done with the Average ethnic and racial mascots in gen- (Mountaineers), George Mason (Pa- of Governors. The second proposal Daily Membership funding with the eral to justify our harassment only triots), George Washington (Colo- would allow schools to charge in-state Department of Public Instruction. Of- of schools with Indian mascots,” nials), Massachusetts (Minutemen), tuition rates to scholarship students from ficials with the Office of State Budget Knickertwist said. “These actions Mississippi (Rebels), Nevada, Las out-of-state. and Management have said that the show we’re serious about the mas- Vegas (Runnin’ Rebels), Okla- The tuition provision was first in- enrollment growth is in the expansion cot issue. It isn’t just meddlesome homa State (Cowboys), Tennessee cluded in the Senate budget and received budget because there is no guarantee overkill to compensate for liberal (Volunteers) and Wyoming (Cow- lobbying support from the political of a free higher education in the state guilt. We swear.” boys). Some of those mascots even action committee Citizens for Higher Constitution. The NCAA has demanded brandish guns openly, Knickertwist Education, a group of UNC-Chapel Hill Outside of the budget, higher mascot justifications from several said. alumni and supporters that had given education — both the UNC and the more schools that have identifi- “Do you think the NRA [Na- several hundred thousands in campaign North Carolina Community College ably ethnic or ideologically ques- tional Rifle Association] members contributions to legislators during the System — were seen to benefit by the tionable mascots. The committee wish to be identified with moun- 2004 campaign. UNC leaders were op- legislature’s passage in late August of acted quickly to identify offending tain men, cowboys or American posed to the tuition waiver, saying that a lottery in North Carolina. Ten percent schools, Knickertwist said. “We patriots?” she asked. “I bet if you it would rip the system apart. of the Education Lottery Fund, which is didn’t burden ourselves with inves- asked them, they’d be offended. I Eventually, during the budget funded through revenues from lottery tigating the origins of each offensive know I would be.” conference committee sessions, the games, will go to the State Educational mascot, and why should we? We Knickertwist said that femi- tuition provision was omitted from the Assistance Authority to fund college and never have before,” she said. “What, nists are also probably offended by final budget proposal that was signed university scholarships. like we should presume the schools depictions of pirates and raiders by Gov. Mike Easley. However, Board of Legislators also approved changes didn’t intend for their own sym- because of “all that testosterone Governors members decided to commis- to the Umstead Act, which protects small bols and images to be hostile and and saber-rattling.” So the commit- sion a task force, led by BOG member businesses from unfair competition from abusive?” tee has also demanded mascot jus- Hannah Gage, to study tuition issues state government. The changes allow Schools the NCAA committee tifications from Charleston South- across the system. UNC system schools to participate in identified as likely having offensive ern (Buccaneers), Colgate (Red The scholarship provision re- business that would further the mis- ethnic mascots included: Alfred Raiders), East Carolina (Pirates), mained in the budget. Critics claimed sion of the university, primarily serve University (Saxons), Arkansas, East Tennessee State (Buccaneers), that the provision would allow UNC the students or employees, provide a Little Rock (Trojans), Cleveland Hampton (Pirates), Middle Ten- schools to sidestep a cap on the number related university service to alumni, State (Vikings), Edinboro University nessee State (Blue Raiders), New of out-of-state students. The provision or enable the local community to use (Fighting Scots), Gordon College of Orleans (Privateers) and Rutgers- was also pushed by the Citizens for the university’s facilities, equipment Ga. (Highlanders), Gordon College Newark (Scarlet Raiders), Higher Education as well as by athlet- or expertise. of Mass. (Fighting Scots), Hofstra “The landlubber community ics boosters who saw the provision as a UNC officials said the changes (Flying Dutchmen), Idaho (Van- would find them offensive, too,” way to save money on athletic scholar- would allow UNC schools to participate ships. in ways to help economic development dals), Iona (Gaels), Iowa Central she added. CJ The budget contained a large in- in the state. CJ CAROLINA October 2005 JOURNAL Higher Education 15 Change is inevitable Solutions to the Unsustainable Higher-Education Cost Explosion

By RICHARD VEDDER • Lack of • P r i c e salaries are becoming commonplace Special to Carolina Journal Market Disci- Discrimination: for superstar faculty, coaches, and uni- RALEIGH p l i n e : M o s t U n i v e r s i t i e s versity presidents. Teaching loads have s college students begin a new universities are have discovered fallen (a typical full professor at a major academic year, many parents are nonprofit. There what airlines re- public university is in class no more than reeling from tuition fees. This is no bottom line. alized a genera- five hours per week). Afall’s probable average 8-percent in- Did Yale have tion ago — and crease at public universities, added onto a good year they increas- Potential solutions double-digit hikes in the two previous in 2004? Who ingly charge the What is the solution? New forms years, means tuition at a typical state knows? Its stock maximum the of competition (e.g., for-profit institu- university is up 36 percent over 2002 is not traded. customer will tions, online schooling, more use of — at a time when consumer prices in Administrators bear. They have community colleges, new approaches general rose less than 9 percent. In in- and faculty are raised sticker to certifying skills) are emerging. State flation-adjusted terms, tuition today is not rewarded for increasing profits by prices, giving discounts (scholarships) legislatures have sharply reduced their roughly triple what it was when parents reducing costs or improving product to those who are sensitive to price. In- share of funding for public universi- of today’s college students attended quality. When prices rise in the for-profit creasingly, these discounts go not mainly ties, forcing some schools to slash costs, school in the ’70s. sector, entrepreneurs rush to supply the to low-income students but to talented reduce bureaucracies, increase teaching Tuition charges are rising faster good, leading to higher supply and lower students prized by universities seek- loads, get rid of costly underutilized than family incomes, an unsustainable prices. How many universities advertise ing to improve ratings on the athletic graduate programs and more. Some trend in the long run. This holds true that they are cheaper than their peers, field or in theU.S. News & World Report schools are talking of using buildings even when scholarships and financial or offer better value? rankings. more than eight or nine months a year, aid are considered. One consequence of • De-empha- • Stagnant or are cutting down on the use of expen- rising costs is that college enrollments are sizing Undergrad- (Falling?) Produc- sive tenured faculty. Colorado is shifting no longer increasing as much as before. uate Instruction: tivity: While mea- funds away from institutions and into Price-sensitive groups like low-income Data from the Na- How many universities suring productiv- student hands in the form of vouchers, students and minorities are missing tional Center for advertise that they are ity in post-second- reasoning that the student-customer, not out. A smaller proportion of Hispanics Education Statis- ary education is the producer, should be sovereign as in between 18 and 24 attend college today tics show that most cheaper than their difficult, the ratio nearly every other transaction. than in 1976. The U.S. is beginning to colleges (but not of staff to students The cost of higher education can- fall below some other industrial na- community or lib- peers, or offer better has risen over time. not rise faster than incomes indefinitely. Change is coming: it is just a question tions in population-adjusted college eral-arts colleges) value? There are now six attendance. have reduced the non-teaching pro- of when, and in what form. CJ There are six factors in the cost share of resources fessionals for ev- explosion: devoted to under- ery 100 students, • Rising Demand: The “natu- graduate teaching, spending more on up from three a generation ago. Unless ral” consequences of a rising demand other things — research, administration, teaching and research have soared in Richard Vedder, who teaches econmics — higher prices and a larger quantity student services (luxurious recreational quantity and quality, which seems un- at Ohio University, is author of “Going consumed — are exacerbated by soar- and student centers), athletics, etc. Only likely, productivity has fallen. Broke By Degree: Why College Costs Too ing third-party payments. Since 1994, about 21 cents of each new inflation- • “Rent Seeking” Behavior: Better Much.” Vedder will be the keynote speaker financial-aid payments (mostly federal adjusted dollar per student since 1976 Lives for the Staff: Faculties have shared at the John W. Pope Center for Higher Educa- loans and grants) have risen by an ex- actually went for “instruction.” Govern- in the increased income of universities. tion Policy’s Annual Conference on Oct. 8 at traordinary 11 percent per year. When ment subsidies and private gifts given Salaries of full professors at research the Hilton Raleigh-Durham Airport at RTP. someone else pays the bills, we become to support affordable undergraduate universities are up well over 50 percent To register for the conference, contact George less sensitive to price. instruction are often spent elsewhere. in real terms since 1980. Mid-six-digit Leef at [email protected].

h e a d l i n e R s e R i e s

bob barr (Raleigh luncheon event) october 4, 2005, brownestone hotel

ed meese (Charlotte luncheon event) Phone 919-828-3876 october 26, 2005, Myers Park country club for ticket inforMation ed meese (winston-saleM Dinner event) october 26, 2005, PieDMont club

robert novak (Raleigh luncheon event) DeceMber 7, 2005, brownestone hotel October 2005 CAROLINA 16 Local Government JOURNAL Town and County Lack of ‘Automobility’ Key to N.O. Tragedy

Greensboro sewer lines By RANDAL O’TOOLE Contributing Editor Greensboro officials are ex- BANDON, Ore. amining extending sewer service hose who fervently wish for car- to Forest Oaks at local residents’ free cities should take a closer request. The move is aimed at en- look at New Orleans. The tragedy suring the community continues to Tof New Orleans isn’t due primarily to have a grocery store, The News & racism or government incompetence, Record of Greensboro reports. though both played a role. The real cause “The impact that this will have is automobility — or more precisely, to on our community will be great,” the lack of it. Forest Oaks resident and local TV “The white people got out,” de- news anchor Cindy Farmer said clared The New York Times. But, as the to Greensboro City Council. “The article in the Times makes clear, the only choice we are being offered is people who got out were those with au- to come to you for help.” tomobiles. Those who stayed, regardless This summer, the commu- of color, were those who lacked autos. nity’s only grocery store, a Winn- What made New Orleans more Dixie, closed when the chain left vulnerable to catastrophe than most U.S. the state. Forest Oaks can’t attract cities is its low rate of auto ownership. a replacement in the empty space According to the 2000 Census, nearly because the shopping center’s sep- one-third of New Orleans households do tic system recently failed. not own an automobile. This compares Being auto-dependent, as these I-40 rush-hour motorists are, is not such a bad thing in Greensboro had previously to less than 10 percent nationwide. There a crisis (CJ photo by Don Carrington) agreed to extend sewer service to are significant differences by race: 35 parts of Forest Oaks, though not percent of black households, but only of evacuation, and failing to get those every single autoless low-income fam- the area where the shopping center 15 percent of white households do not buses to people who needed evacu- ily—not a Lexus or BMW, certainly, but is situated. own an auto . But in the end, it was auto ation. But people who owned autos a functional source of transportation that Farmer also expressed con- ownership, not race, that made the dif- didn’t need to rely on the competence would have allowed them to escape the cern that the shopping center, ference between safety and disaster. of government planners to be safe from current disaster. should it be abandoned, would “The evacuation plan was really Katrina and flooding. They were able to While I don’t think that buying become an eyesore. based on people driving out,” an LSU save themselves by driving away. Most low-income families new cars is the “What are they going to think professor told The Times. On Saturday apparently found refuge with friends or best use of our limited transportation when they drive past this decrepit and Sunday, Aug. 27 and 28, when it in hotels many miles from the devasta- resources, it would produce far greater shopping center?” she said. appeared likely that Hurricane Katrina tion. Meanwhile, those who didn’t have benefits than building rail transit. City Council was supportive, would strike New Orleans, those people autos were forced into high-density, Studies have found that unskilled and asked staff to look into the who could simply got in their cars and crime-ridden refugee camps such as the workers who have a car are much more matter. drove away. The people who didn’t have Superdome and New Orleans Conven- likely to have a job and will earn far “I think we ought to find a cars were left behind. tion Center. more than workers who must depend way to do it,” said Councilwoman Critics of autos love the term “auto- Rather than help low-income on transit (see, for example, http://ti- Yvonne Johnson. dependent.” But Katrina proved that the people achieve greater mobility, New nyurl.com/dlqq4). That is why numer- automobile is a liberator. It is those who Orleans transportation planners decided ous social service agencies have begun don’t own autos who are dependent years ago that their highest priority was programs aimed at helping low-income — dependent on the competence of gov- to provide heavily subsidized streetcar families acquire their first car or maintain Fayetteville annexation ernment officials, dependent on charity, rides for tourists. an existing one. dependent on complex and sometimes * In the late 1980s and 1990s, New Yet when I point out the compara- Orleans spent at least $15 million con- tive benefits of providing mobility to With a major Fayetteville an- uncaring institutions. verting an abandoned rail line into the low-income people vs. building rail nexation scheduled to go in effect As revealed in the data, the num- 1.5-mile Riverfront Streetcar line. transit lines to suburban areas that al- at the end of September, Cumber- ber of people killed by hurricanes in * In 2004, New Orleans opened ready enjoy a high degree of mobility, land County commissioners are the United States steadily declined the 3.6-mile Canal Street streetcar line rail advocates often respond, “We can’t concerned about the impact the during the 20th century. Economists at a cost of nearly $150 million. let poor people have cars. It would cause unusual timing with have on the commonly attribute such declines to * New Orleans was planning to too much congestion.” Yes, as the Soviet ability of some homeowners to increasing wealth. Wealth differences spend an additional $120 million on a Union discovered, poverty is one way pay. are also credited with the large number Desire Street streetcar line. to prevent congestion . “I think this will be extremely of disaster-related deaths in develop- These tourist lines do nothing to New Orleans is in many ways a difficult,” Commissioner Diane ing nations vs. developed nations. But help any local residents except for those model for “smart growth”: high densi- Wheatley said to The Fayetteville what makes wealthier societies less who happen to own property along the ties, low rates of auto ownership, and Observer. vulnerable to natural disaster? There are line. The city was not deterred by its own investments in rail transit. This proved Annexations are normally ef- several factors, but the most important analysis of the Desire line showing that to be its downfall. fective July 1, with one years worth is mobility. each new rider on this line would cost While the city was vulnerable from of municipal property taxes due People with access to autos can taxpayers more than $20. being built below sea level, many cities the following January. While Fay- leave an area before it is flooded or hit About 26,000 low-income fami- above sea level have proven equally etteville would like to have made with hurricanes, tornadoes, or other lies in New Orleans don’t own a car. If vulnerable to storms and flooding. In it annexation effective July 2004, storms. When earthquakes or storms all the money spent on New Orleans the end, New Orleans’ people suffered lawsuits held up action. strike too suddenly to allow prior evacu- streetcars from 1985 to today had been primarily because so many lived without State law forbids having taxes ation, people with autos can move away spent instead on helping autoless low- autos, thus making them overly depen- due in January for annexations that from areas that lack food, safe water, or income families achieve mobility, the dent on the competence of government take place after Sept. 1. As a result, other essentials. city would have had more than $6,000 planners. CJ the owners of about 20,000 parcels Numerous commentators have for each such family, enough to buy of land being taken in will have 21 legitimately criticized the Federal good used cars for all of them. Add the months of Fayetteville property Emergency Management Agency and other government agencies for failing to money the city wanted to spend on the taxes due in January 2007. CJ foresee the need for evacuation, failing Desire Street streetcar, and you have Randal O’Toole is an economist for to secure enough buses or other means enough to buy a brand-new car for The Thoreau Institute. CAROLINA October 2005 JOURNAL Local Government 17

Work product papers at issue Commentary New Law Overrides Verdict Annexation is About Money On Concealing Working Papers ith the recent deluge of pay about $1,800 because of the hurricane coverage, it is back taxes due to Fayetteville that easy to overlook or sim- will be overdue on Jan. 6, 2007! By PAUL CHESSER for several media organizations. Bussian Wply ignore issues of significant local This nation was founded Associate Editor and Mark Prak, a lawyer for North Caro- consequence. But in Fayetteville, by individuals who believed that RALEIGH lina broadcasters, represented Carolina the forced-annexation fight is rarely liberty allowed one the freedom decision last year by a North Journal and the NCPA in a lawsuit against fodder for Page 3 and beyond. With to be removed from the subjective Carolina appeals court judge the state Department of Commerce over the inclusion of nearly 42,000 newly whims of tyrannical rulers. At the preventing government law- the agency’s failure to timely produce annexed residents as of Sept. 30, very least, it should be expected Ayers from concealing much of their public records of the state’s incentives it is doubtful that this issue will that city leaders would seriously work prompted legislators to approve package for Dell Corp. Lawyers for each go away, much to the consider the desires of a new law this year that overrides that side are discussing a possible settlement chagrin of those who the residents in question verdict. in the case. implemented it. before subjecting them But gov- Hindered Even Cumber- to annexation. But again, ernment lobby- “With this decision, the by the Court of land County com- this annexation is about ists didn’t stop Appeals, gov- missioners are con- the desire for new city there. They in- court dealt a rough blow to ernment law- cerned, as evidenced tax revenue. It is not troduced bills yers last year by Commissioner Tal about what the citizens that would have the work product privilege.” put together a Baggett’s recent com- want. The city wants it allowed state proposed leg- ment about “feeling for fire departments, po- and local agen- Mary Penny Thompson islative remedy the brunt of this thing, lice protection, planning, cies to withhold Lawyer for DENR to restore what even though all of us economic development, many forms of they considered have gone on record public works and more. documentation their work pri- opposing this annexa- The taxes being that have historically been considered vacy rights. A committee of the Bar tion.” So, why is it that generated aren’t suffi- public information. Association’s Government and Public the folks being annexed oppose it, cient to fund this without a signifi- Panic set in during the middle of Sector section said responding to the elected commissioners oppose it, cant tax increase. Without a tax in- last year among lawyers in the North McCormick decision was its “primary but City Council members, at the crease, the revenue must be found Carolina Bar Association’s administra- issue,” and set a quick deadline to come behest of staff, still stuck to their or cuts must be made. It’s easiest to tive law, and government and public up with draft legislation. Lawyers for lo- guns to annex people against their find that revenue where there is a law, sections. The state Court of Appeals, cal-government associations, including will? neighborhood with an established in an opinion written by Judge Wanda Greg Schwitzgebel of the N.C. League of Simply put, they want the tax base. And they found 20,000 Bryant, had decided unanimously that Municipalities, also worked on the proj- tax money! It isn’t about wanting parcels to do it. If city officials lawyers representing governments may ect. According to October 2004 meeting to provide needed services. It isn’t truly need additional revenue they not withhold so-called “work product” minutes of the Sector, “Council members about making Fayetteville more should raise taxes, otherwise, they papers from public scrutiny. discussed the need to ‘strike a balance’ attractive to prospective businesses. should use innovative approaches The case focused on a private in the legislation between the need for It isn’t even about improving the such as “performance manage- company in Raleigh, Hanson Aggre- confidential attorney-client communica- quality of life. In North Carolina, ment” or “competitive sourcing” to gates Southeast, Inc., that had sought tion and the needs of the public.” it’s about adding revenue instead become more efficient. the release of all records that the city The finished product was a bill, of raising taxes to pay for stagnant The League of Municipalities held relating to its property. A Raleigh sponsored by Sen. Daniel Clodfelter, property values, declining inter- will argue that “forced annexation” zoning inspector had asked Hanson to D-Charlotte, that allowed government est in downtowns, and the need to is necessary because people living stop using part of its land for excavation. custodians of records to “deny access continue to increase local spending. in unincorporated areas adjacent The city’s lawyer, Thomas McCormick, to a public record that is also a trial And, wouldn’t you know, North to towns use city services when pre-emptively sued the company after preparation record.” Carolina is one of only seven states they shop and socialize but don’t its records request, seeking a declaration But the legislation provided great that allows forced annexation. pay their fair share. But cities also from the court that said Hanson had no latitude for local officials, because it To put things in perspective, benefit from sales taxes left by right to his materials. allowed them also to withhold public between the April 2000 census those paying citizens. This premise After the appeals court decision, documents that might fall under an and July 2003, of the 314,000 folks misses the point that city services government lawyers immediately co- anticipated “legal proceeding that has that have been added to our city should be provided to those who alesced to criticize the ruling. not commenced.” Parties seeking re- populations, 164,000 (52 percent) want them, not forced upon them “With this decision, the court dealt cords that are claimed to be under the have been added from annexation. through egregious government a rough blow to the work product privi- litigation provision would be required Has there been severe demand by growth. lege,” wrote Mary Penny Thompson, to request their availability through the residents to be annexed? People The real answer in North a lawyer for the state Department of judge overseeing the case. actually chose to live in an area that Carolina is to allow citizens to have Environment and Natural Resources, Lawyers for the NCPA, as a wasn’t in the city, so the answer is a voice in their annexation. North in a June 2004 N.C. Bar Association counterweight to the new proposed somewhat intuitive here. And the Carolina isn’t a referendum state, newsletter. restrictions on records access, sought an Fayetteville annexation is nothing but adding the words “with the Attorneys, in times before a trial, amendment to the bill that would have short of astounding, conscripting consent of the governed” would are allowed to protect their preparation automatically awarded attorneys’ fees more than 40,000 residents into go a long way to restoring faith in materials as a rule. But lawyers for open to be paid by government agencies to their jurisdictional limits. local government when considering government said allowing such a shield citizens winning public records lawsuits. In recent news coverage, the annexation. CJ in public records cases would enable That change passed the full Senate, but residents in question will owe 21 officials to operate secretly by using a House Judiciary committee removed months worth of city taxes when lawyer “work” privileges for cover, and the automatic-fees provision before the they are billed next year because by forestalling records requests through bill passed the full chamber. city-service coverage starts in Adams is vice chairman of the lawsuits. Current law leaves decisions about September of this year. In short, Lee County Board of Commissioners “It’s kind of a license for a lawyer to the awarding of fees to the discretion of someone with a home valued at and director of the Center for Local hide from the public whatever he wants a judge, but Bussian said that in almost $100,000 will pay $918 in county Innovation. Visit www.LocalInnova- to hide,” said John Bussian, a lawyer for all cases judges don’t allow the public or taxes this year. Next year they will tion.com. the North Carolina Press Association and media to recover legal expenses. CJ October 2005 CAROLINA 18 Local Government JOURNAL

Local Innovation Bulletin Board From Cherokee to Currituck Beware of ‘Green’ Mandates Charlotte’s Myers Park Scene

nvironmentally friendly build- graphics or whether this is the latest of Battle Over New Mansions ing standards (green building speculative bubble in the real estate By MICHAEL LOWREY standards) might work well for market, the Wall Street Journal says. Esome types of structures but should In 2004, for the first time, the na- Associate editor not be made mandatory for all new tional median price of a condominium RALEIGH onstruction of a number of large, government facilities, says Todd was higher than that of a single-family high-priced homes in a tradi- Myers, director of the Center for En- home. Between 2001-2004, condomin- tional Charlotte neighborhood vironmental Policy at the Washington ium values appreciated by 57 percent, Chas been stopped because the houses Policy Center. while those of single-family homes have run afoul of a controversial inter- Mandating any green build- rose by 25 percent. Condo popu- pretation of an obscure and previously ing standard limits the flexibility of larity is widespread, and includes rarely enforced zoning clause. builders to make choices appropriate traditional urban areas, resorts, and The dispute is focused in Char- to each particular structure. Still, gov- second-tier cities such as Minneapolis, lotte’s highly prestigious Myers Park ernments chose to adopt the Leader- Charlotte, and Omaha, Neb. neighborhood though it has implications ship in Energy and Environmental Demographic changes in the for other neighborhoods. As houses have Design standard, which will likely middle class can explain some of gotten bigger in recent years, smaller raise the cost of housing for consum- this, the Journal says. The ideal of the houses (with small being something ers and increase tax burdens. two-parent home with 2.2 children of a relative term) in Myers Park have Advocates of mandating green in the suburbs is being surpassed by been torn down and replaced by bigger building standards said it will cost an array of arrangements and many are going to have problems.” homes. only an addition zero to 2 percent in homeowners now consider the ur- Charlotte’s zoning administrator is “We get calls all the time from up-front costs while cutting energy ban condominium more luxurious studying the issue and changes in city people saying ’Oh my God, all of a sud- and other costs dramatically over and convenient than a house with policy are possible. den I’m in the shadow of this huge house. time. However, the studies that ad- a yard. What can I do?’” Ken Davies, a lawyer vocates cite for these statistics are Economists and housing experts for the Myers Park Homeowners As- Durham incentives flawed: think that many people are buying sociation, said to The Charlotte Observer. • An estimated 16 percent of speculatively, causing prices to rise “We had to tell them ‘Nothing.’ Then we The Chinese computer maker new government buildings use LEED faster than economic fundamentals stumbled on this rule, and we’re able to Lenovo is asking for $14 million in compared to only 1 percent of new can support, and that the ratio of real do something about it’.” incentives, including $4.7 million from commercial buildings, indicating that buyers to investors will ultimately The rule in question is a require- Durham County, to keep its operation in if LEED’s promise of dramatic energy determine the strength of the market. ment that at least 65 percent of a lot in the Research Triangle Park area. At least savings were true, many more busi- In the past five years, developers Charlotte be kept as “open space.” City some Durham County officials don’t nesses would incorporate them into have started construction on about inspectors investigate only possible seem inclined to grant their portion of their construction. 802,000 units. violations of the rule if someone com- the requested funds. • In one study, LEED projects plains about a possible violation. And “I think that would set a horrible were found to be cost-effective as the neighborhood association in Myers precedent,” County Commissioner advocated; however, the study looked Park recently has discovered the rule Lewis Cheek said to The News & Ob- only at projects where the owners Trash bad garbage levies and has started to complain. server of Raleigh. “I just don’t think it’s chose to follow LEED and does not While seemingly a straightforward a good idea.” include cost estimates from projects Recently, the city of Kingston in requirement, Charlotte’s definition of Durham County adopted its cur- where LEED was rejected because of Ontario, Canada voted to “equalize” “open space” is less than clear. City or- rent incentivives policy, which focuses cost or other considerations. fees for garbage collection, but ac- dinance defines it an “as area of land or on creating new jobs, in 1996. The county • LEED standards, geared to- cording to the city, “equalize” means water, which is open and unobstructed has never used incentives to attempt ward office buildings, are not suitable charging for garbage collection based including areas maintained in a natural to keep an existing employer in the for other types of buildings such as in part on the assessed value of one’s or undisturbed character, or areas im- county. warehouses, schools, and prison fa- house, writes Filip Palda of the Fraser proved for active or passive recreation.” “Our policy has proven very suc- cilities, and LEED cost estimates do Institute. The city has interpreted the recreational cessful for us,” Commissioner Becky not take into account the long-term Kingston aldermen presented area portion of “open space” to include Heron told the newspaper. “I see no maintenance costs derived from ad- their tax increase as an exercise in swimming pools and basketball and reason to change it, and I wouldn’t vote hering to LEED standards. balanced redistribution, but neglected tennis courts. to do it, I can tell you that.” Rather than mandating such to explain how this would change the city’s revenues. This manipulation of Patios, however, have been deemed A third commissioner, Michael standards, governments should al- to be nonrecreational by city officials and Page, however, was in favor of the low the ongoing development of a garbage levies is an example of how don’t count toward open space. Drive- incentives competitive system for voluntary politicians twist the good idea of pay- ways don’t count as open space, either, Earlier this year, Lenovo bought green building standards. A dynamic ing to use city services, Palda said. though city inspectors have historically the PC division of IBM for $1.75 billion. market process will enable standards With the garbage levy, Kingston given a 400-square-foot exemption. The As a condition of the sale imposed by to continually improve by respond- has a two-part pricing system for combination of a long driveway and the U.S. government, the now Chinese- ing to the needs of consumers and collection — citizens pay both a per- large patio on a small lot has the potential owned unit must move out of IBM’s RTP builders, adjusting to new technology bag fee and the fixed levy, which is to create a zoning violation. campus. The company has about 1,900 and experience, using competition supposed to cover the fixed costs of Developers strenuously object to employees in Durham County. In addi- to promote a variety of approaches, the system. the city’s interpretation that most any tion to Durham County, the company Myers said. However, the garbage levy goes into general revenues and may exceed paved surface doesn’t count as open is looking at sites in Atlanta, New York what the city spends on garbage col- space. Developers also note that they state, and overseas. lection. became aware of the interpretation only The company is also seeking more Condo bubble? To discourage garbage gen- after building permits had already been than $5.5 million from Durham plus a eration, the city council will have to issued. “I think they’ve overstepped grant of $2,500 for each new job created. As condominium prices reach increase per-bag fees and lower fixed their bounds,” Charlotte lawyer Collin It also wants $1.5 million in state money new heights, many observers wonder costs than what Kingston actually Brown said to the newspaper. Brown’s and to be reimbursed for employee train- whether the trend is driven by demo- charges. CJ clients include several homebuilders. “If ing at Durham Technical Community they continue, people across the board College. CJ CAROLINA October 2005 JOURNAL Local Government 19 Development and Defense Training at Loggerheads

By MICHAEL LOWREY begin landing approaches at a higher something had to be done. would move to Cecil Field outside Associate Editor altitude and descend more steeply into “The reality of life for Oceana is as Jacksonville, Fla. Cecil Field is a former RALEIGH Oceana and Fentress than they would you fly the landing pattern at whatever Navy F/A-18 base that closed in 1999. mong the most demanding tasks at sea. It’s also not particularly dark at height you are, you are flying over build- Florida offered to give the field back to in aviation is landing a fighter night. Noise concerns limit when and ings, schools, churches, and shopping the Navy; the BRAC staff determined jet on a moonless night on the where Navy planes can fly. centers” said Commissioner James Hill, the facility was a viable option. Amoving, pitching deck of an aircraft Nearly one-third of Virginia Beach a retired Army four-star general, during The simplest, though not necessar- carrier at sea. Touching down just a is exposed to average noise levels that the commission’s final deliberations in ily the most likely, path forward would few yards short or to the left or right exceed federal recommendations. Thou- August. be for Virginia Beach to be unwilling or can have fatal consequences. It’s a task sands of people live, work, and shop in “In good conscience, many of unable to meet BRAC’s demands. In that that Navy pilots spend countless hours potential crash zones near the ends of us up here have said we’ve got to do case, the Navy’s F/A-18s will move back training for by making repeated practice Oceana’s four runways. Virginia Beach something about that because when the to Cecil Field, and Cherry Point likely landings at land bases. has been generally plane augurs into won’t get the anticipated two F/A-18 It’s the quality and safety of these unwilling to reign Lynnwood Mall Super Hornet squadrons. training opportunities that lie at the heart in development I want to have at With the need to mitigate Oceana’s of the ongoing debate about the location near Oceana. “Oceana is not the long- least had my say encroachment gone, the Navy’s require- of the Navy’s main East Coast fighter Despite all on this subject,” ment for the Washington County OLF base and a proposed, controversial auxil- this, the Navy did term future master jet he said. would be greatly reduced. It would be iary landing field in Washington County, not recommend “Oceana is likely, though not certain, that the Navy N.C. Recent action by the Defense Base that its fighter base for the Navy.” not the long-term then would not proceed with the OLF. Closure and Realignment Commission jets move out of future master jet A move to Cecil Field and future only makes the situation going forward Oceana in this Samuel Skinner base for the Navy,” Former Transportation Sec’y force cuts could also let the Navy and less certain. year’s base closing said former Trans- Marines consolidate their East Coast Naval Air Station Oceana, in round. Rather, the portation Secre- fighter squadrons at two bases instead Virginia Beach, Va. is the Navy’s East Navy’s preferred tary Samuel Skin- of three through a future BRAC round. Coast master jet base, the airfield upon solution is to build ner. “The Navy The likely odd-man out would be Marine which most of the planes that fly from a new outlying has said that. It’s Corp Air Station Beaufort in South Caro- the aircraft carriers operating out of landing facility—a landing strip for its obvious as you look at the future of the lina, the smallest of the three facilities. It the East Coast are based. Nearly 200 jets to practice landings—in rural Wash- Navy that it will not be.” also had a lower military value in 2005 fighter jets are based there, and they ington County, N.C. to take some of the Skinner said many commission- than Cherry Point. make more than 300,000 takeoffs and pressure off Oceana. In a similar vein, ers also thought “that we owe one last Should Virginia Beach decide to landings a year at Oceana and Fentress two Navy F/A-18E/F Super Hornet chance to the people of Virginia to get comply with the commission’s demands, Field, a practice field in the nearby city squadrons would be based at Cherry their act together” before moving the the situation going forward is unclear. of Chesapeake. Virginia Beach is also Point, not Oceana. fighters off the base. a rapidly growing community with a The Navy also noted in its BRAC The commission voted to keep While Oceana would be the answer for population of more than 400,000 and recommendations that it did not recom- the F/A-18 squadrons at Oceana only the moment, the BRAC also required Virginia’s largest city. mend closing additional air stations this if certain stringent conditions were met the secretary of defense to undertake The combination of those factors year as insurance against additional by Virginia Beach, Chesapeake, and the an immediate review of Cecil Field and is the crux of the problem. Develop- future encroachment at Oceana. It has Commonwealth of Virginia by March 31, other possible sites and recommend a ment has encroached upon Oceana and also started to consider building a re- 2006. These include agreeing to spend long-term solution. Fentress. It is degrading the quality of placement for Oceana, though such a $15 million a year to buy out property in Until the study is complete, includ- training available while creating serious move would not happen until far into the highest accident potential area and ing a projected time frame and cost, it’s safety concerns. the future. enacting restrictions on future develop- impossible to determine what the next The old military adage is that In July, the commission, on its mo- ment near the airfields. step is and whether the Washington you should train like you fight, which tion, decided to review the situation at Should Virginia Beach and the County OLF will still be needed by the doesn’t happen out of Oceana. Pilots Oceana. It came away convinced that rest not meet the conditions, the planes Navy. CJ

Purchase Your Copy Today!

Here’s Where I Stand

by Senator Jesse Helms

Available at your local bookstore or visit www.jessehelms.com

Visit www.jessehelms.com October 2005 CAROLINA 20 The Learning Curve JOURNAL

From the Liberty Library Quick read but not watered down

• In The Neoconservative Revo- Hitchens’ Jefferson Volume Rekindles Interest lution: Jewish Intellectuals and the Shaping of Public Policy, Murray • Christopher Hitchens: Thomas Jef- a 21st century perch can be annoying, Friedman explains the role that Jew- ferson — Author of America; he is not unfair. His respect for Jefferson ish intellectuals have played in the Harper Collins; 2005; 188 pages; is why he’s able to add enlightening development of modern American $19.95 context, instead of apologetic explana- conservatism. The focus is on the tions for some of Jefferson’s well-known rise of a group that began to have an By RICK MARTINEZ paradoxes. impact on American public policy Guest Contributor For example, instead of being during the Cold War and up to the HILLSBOROUGH pained, Hitchens is amused that Jeffer- invasion of Iraq. It presents a portrait ust about everybody knows about son is not above citing divine providence of the life and work of the original Thomas Jefferson, but few people to justify man’s right to lead a secular small group of neoconservatives have read much about him. And for life. He finds similar irony in Jefferson’s including Irving Kristol, Norman Jgood reason. Nearly every book written invoking of states rights in drafting Podhoretz, and Sidney Hook. Fried- about one of this nation’s great men is legislation that would negate the Alien man suggests the neocons have been as voluminous as his intellect and just and Sedition Acts in Kentucky — the so significant in reshaping modern as intimidating. same argument his opponents used to American conservatism and public That mold is broken with Christo- perpetuate slavery. policy that they constitute a neocon- pher Hitchens’ Thomas Jefferson—Author Jefferson’s devotion to limiting the servative revolution. Learn more at of America. It’s a quick read but hardly power of government and its submission www. cambridge.org. a watered-down “Jefferson for Dum- to the will of the people is well-docu- mies.” The book is just as much com- mented and often quoted. mentary as it is biography, and part of Yet, Hitchens notes those prin- • Publisher Steve Forbes the Harper Collins Eminent Lives series, free” — are only half the story. In the full ciples took a back seat when Jefferson wants to start his own uprising in which pairs distinguished authors with passage Jefferson wrote, a semicolon, negotiated the Louisiana Purchase. Flat Tax Revolution: Using a Postcard central world figures. not a period, follows the word free. The Jefferson’s initial reading of the Constitu- to Abolish the IRS. The former presi- A self-described contrarian, Hitch- rest reads: “nor is it less certain that the tion did not find presidental authority to dential candidate says countries ens is one of the few commentators who two races, equally free, cannot live in acquire territory without congressional around the world have freed their can be read in The Weekly Standard and the same government. Nature, habit, consent. taxpayers to do just that—and so The Nation during the same week. Hitch- opinion have drawn indelible lines of Jefferson even went so far as to can the United States with a simple ens’ primary contribution, other than distinction between them.” prepare an amendment that would flat tax that will slash tax rates, spur refreshingly precise use of language, is Freeing the slaves was only part grant constitutional authority, just in economic growth, and “put the IRS insight, not revelation. of Jefferson’s plan to abolish slavery. case someone got nosey. But the amend- out of business.” Forbes contends He rightfully pays homage to the He also favored deportation. From this ment was kept in the drawer because, that a 17 percent flat tax would: save brilliance of the designer of democracy, and numerous other citations, Hitchens at four cents an acre for a land mass citizens time, money, and worry; yet uses Jefferson’s nearly life-long inter- argues that Jeffer- that propelled the create jobs, and bring back ones lost est in other men’s wives to ground him son’s opposition to United States to overseas; stop special interests from in mortal vulnerabilities and imperfec- slavery was based major-power sta- getting tax breaks at your expense; tions. Hitchens is clearly comfortable on high moral con- Jefferson emerges from tus, few felt the and eliminate shady accounting in with Jefferson’s considerable paradoxes siderations that need to quibble business. See www.regnery.com for and determines they ultimately define had little to do Hitchens’ examination over constituional more details. his remarkable life. with the equality of far from the legend usu- technicalities. The first contradiction Hitchens blacks. In fact, Jef- J e f f e r s o n explores is the one known to nearly every ferson had a higher ally presented and prob- emerges from • A current competing tax re- middle-school student: The man who au- opinion of Indians, Hitchens’ exami- form proposal is the one from radio thored the Declaration of Independence whom he consid- ably closer to what he nation far from talk show host Neal Boortz and U.S. owned slaves his entire life. He freed six ered the equal of the legend usu- Rep. John Linder of Georgia, who slaves — the children of Sally Hemings, Europeans. actually was: a highly ally presented and have co-written The Fair Tax Book: of whom Jefferson is presumed to be For Hitchens, principled pragmatist. probably closer to Saying Goodbye to the Income Tax and the father. Presumed is noted because this is evidence of what he actually the IRS. They propose replacing the although Hitchens presents it as fact, the sloppy science, not was: a highly prin- federal income tax and withholding DNA testing often cited as conclusive racism. Jefferson cipled pragmatist. system with a simple 23 percent of Thomas Jefferson’s fatherhood also based his conclu- Hitchens’ refusal retail sales tax on new goods and revealed there were 25 other male adult sions on the lack of notable achievements to idolize Jefferson serves only magnifies services. This dramatic revision of Jeffersons living in Virginia who carried by American blacks. That shouldn’t be his mortal accomplishments. the current system, which they say the Y chromosome that fathered Eston surprising, given slaves weren’t formally Hitchens notes Jefferson is one of would also eliminate the “reviled” Hemings. educated. Forced servitude also has a the few men to have his name associated IRS, has already “caught fire in the But since few of the 25 ever visited way of sapping ambition and fostering with a type of democracy. While there American heartland,” with more Monticello, the study, headed by Dr. discontent. Jefferson’s fear of a black up- have been many democratic revolutions, than 600,000 taxpayers signing on Eugene Foster and a team of geneticists rising fueled by retribution and reprisal it is the American Revolution — the in support of the plan. Boortz and determined “the simplest and most was another reason he favored coupling one Jefferson gave form to through the Linder say their plan would end the probable” conclusion is Thomas Jeffer- emancipation with deportation. Declaration of Independence — that annual national nightmare of filing son fathered the Hemings children. Jefferson’s shortcomings as a continues to inspire. income tax returns, while at the same Any allusions the reader may cultural anthropolgist are ridiculed by Hitchens’ portrayal ultimately time enlarging the federal tax base have that Jefferson’s romantic interest Hitchens, and in doing so, the book’s pri- ignites or rekindles an intellecutual by collecting sales tax from every in Hemings is a human reflection of mary shortcoming is revealed. Hitchens curiosity for Jefferson. It’s hard to come retail consumer in the country. The the principles of equality he eloquently looks back on Jefferson and some of his away from this volume not wanting FairTax, they say, would transform penned in the Declaration of Indepen- biographers with 20-20 hindsight, only to know more about Jefferson’s public the fearsome bureaucracy of the IRS dence, are cleverly shattered. Hitchens rarely recognizing the limitations of the and private life. Ideally, it should not into a more transparent, account- reveals that the words carved in stone knowledge base and social norms of the be the first book one reads, but one that able, and equitable tax collection at the Jefferson Memorial — “ Nothing day. Criticism and judgment are always is referenced often during a continual system. More at www.harpercollins. is more certainly written in the book easier when the outcome is known. exploration of the man who authored com. CJ of fate, than that these people are to be While Hitchens’ observations from America. CJ CAROLINA October 2005 JOURNAL The Learning Curve 21 Locke Foundation Launches North Carolina History Project

deas about the past affect current example.” and economic ied and overlooked topics. Educators decisions and have future conse- In many U.S. “History is philosophy approaches, re- and students, in particular, will benefit quences. history courses, cent North Caro- from using an online encyclopedia of I For this reason, the John Locke instructors assign leading by example.” lina surveys fail to the Old North State named northcaro- Foundation launched the North Caro- texts based on par- question seriously linahistory.org. lina History Project on Aug. 15, 2005 adigms that com- Lord Bolingbroke government inter- The project will also be a research to offer North prise what some vention and only and information resource for local Carolinians an call the postmod- one — soon to be historical associations. Carolina Journal alternative his- ern Triumvirate: race, class, and gender. released — devotes much attention to readers can expect short essays relating torical perspec- To be sure, the use of these methodolo- the past 70 years. Some even present the past to current events and examin- tive. Without gies can reveal the complexity of hu- advocates of laissez-faire principles ing understudied topics. Subscribers forgetting past man thought, emotion, and action and as unsophisticated yokels or mindless to other publications and journals will problems, the shed light on overlooked contributions reactionaries. read longer essays investigating, for project will ques- to America. (I, for one, study African- In Hugh Talmadge Lefler’s and instance, the origins of free political and tion whether American history.) Albert Ray Newsome’s North Carolina: economic institutions and the contribu- government in- Dr. Troy But frequently their use simplifies The History of a Southern State (1963), tion of North Carolina to national history. tervention had Kickler the past. Forgetting that people are indi- for example, readers learn that during Interested North Carolinians will also unintended costs viduals, many scholars interpret every the early 1800s the “individualistic have opportunities to attend historical or, at best, substituted one problem for human action through a race, class, or philosophy of laissez-faire,” defined by tours and lectures. another. gendered determinism. Many others the authors as a belief that “government The N.C. History Project is not a In many histories, the solution to assert that all three methodologies are should be a policeman for the protection debunking effort. Its mission is powerful social and economic problems is always distinct yet inseparable — a secular of life and property and nothing more,” yet simple: to offer North Carolinians government intervention; and such Trinity of sorts. led to the state’s “backward condition” a better understanding of their history intervention is criticized only when Consequently, the current Ameri- (310-312). Thankfully, the narrative goes, by asking different questions of the past deemed timid. Also rejecting historical can narrative of the rich, the whites, and luminaries finally trumpeted interven- and to present that history even when materialism — the Marxist belief that the males oppressing the nonwhites, tionism. conformity of historical opinion is ex- the roots of all historical change and de- the poor, and the females, even if it To be sure, surveys published in pected. It’s an effort to tell an unheard velopment are found in material things distorts the past and divides a people, last two decades avoid inflammatory story, and tell it well, while it can still — the project will show that ideas matter. is sacrosanct; and as the story goes, only language, yet what they include and be remembered. CJ As the early-18th century English states- government intervention can stop this omit reveal a longstanding bias. man and philosopher Lord Bolingbroke perpetual oppression. In many ways, the N.C. History Troy Kickler is director of the North said, “History is philosophy leading by Using traditional political Project will present formerly understud- Carolina History Project.

œÀÌ Ê >Àœˆ˜>½ÃÊ œÃ̇7>ÌV i`Ê*œˆÌˆV>Ê/>ŽÊ- œÜÊ
««i>ÀÃʜ˜ÊÊ /iiۈȜ˜Ê-Ì>̈œ˜ÃÊ
VÀœÃÃÊÌ iÊ-Ì>Ìi 1/Ê7
/ÊÊ9"1Ê --Ê/¶ .OW.#30).nFEATURING#AROLINA*OURNALSœ ˜Êœœ` HOST /œ“Ê >“«Li ANDCOMMENTATORSFROMACROSSTHEPOLITICALSPECTRUMnIS NOWREBROADCASTWEEKLYONMANYlNERADIOSTATIONSACROSS.ORTH#AROLINA

!SHVILLE 7:.. !- 3UNDAYS !- $URHAM 7$.# !-  3UNDAYS !- 'ASTONIA#HARLOTTE 7:2( !-  3ATURDAYS 0- 'OLDSBORO 7'"2 !- 3UNDAYS 0- 'REENVILLE 7.#4 !- 7EDNESDAYS0- +INGS-OUNTAIN 7+-4 !- 3ATURDAYS !- ,AURINBURG 7,,# !- 3UNDAYS !- -ONROE#HARLOTTE 78.# !- 3UNDAYS !- /UTER"ANKS 79.$ &-  3UNDAYS !- 2ALEIGH 7$.: !-  3UNDAYS !- !- 2OCKY-OUNT 7%%$ !- -ONDAYS !- 3ALISBURY 7340 !- 3ATURDAYS !- 3MITHlELD 7-0- !- 3UNDAYS 0- 7ILMINGTON 7!!6 !-  3ATURDAYS 0-

œÀiÊÃÌ>̈œ˜ÃÊ>Àiʍœˆ˜ˆ˜}ÊÌ iʘiÌܜÀŽÊܜ˜°ÊÊ 6ˆÃˆÌÊÜÜÜ° -* °Vœ“ÊvœÀÊÕ«`>Ìið October 2005 CAROLINA 22 The Learning Curve JOURNAL

Short Takes on Culture Ten Commandments To Festival! Huzzah! Roy Moore’s Battle for Morality • Medieval Times death. The first explanation is based * Roy Moore, with John Perry: So Help Eight locations, including Myr- on “reality” and the argument that Me God: The Ten Commandments, Judi- tle Beach, S.C. Emily was a very sick girl who suf- cial Tyranny, and the Battle for Religious fered from epilepsy and some form Freedom; Broadman and Holman; 2005; ever forget that kitschy, of psychosis. The alternative explana- 261 pp.; $24.99 cheesy fun is still fun, and tion is demonic possession. Medieval Times fairly pegs The film makes each explanation By MAXIMILIAN LONGLEY Nthe cheese-o-meter. A national chain, seem plausible, even though both Contributing Editor you get a combination of dinner the- have flaws. At its core, the film is about RALEIGH ater, rodeo, and gladiatorial combat challenging the audience to decide for he author of this book, Roy Moore, all delivered with surprisingly high itself which version it believes, or to presumably needs no introduc- production values. The premise is that explain away what really did happen tion. He’s the former chief justice you are a lord, or lady, transported to Emily Rose. Tof Alabama who made headlines by back to the age of knights and castles — DAREN BAKST installing a Ten Commandments monu- to witness brave warriors have at it ment in the state’s judicial building and for the hand of a fair princess. Plus refusing to remove it when ordered to do you get food—a big leg o’turkey, so by a federal court. For this act of defi- vegetable soup, potatoes—all eaten ‘Elephant:’ weighty questions ance, Alabama’s Court of the Judiciary sans utensils, medieval style. It was removed Moore from office, and the “Elephant” surprisingly good. • (2003) former justice continues his campaign But the main attraction is the HBO Films for God in government at the Founda- knights walloping each other with Directed by Gus Van Sant tion for Moral Law. swords, maces, axes, sparks flying, So Help Me God is a combination horses galloping. All pretty much Gus Van Sant’s “Elephant” fol- memoir and political treatise, alternat- they appear to someone near the front of irresistible to the young boys in audi- lows 10 high school students on the ing between describing the events of the courtroom. The text of the Ten Com- ence, and done with enough flash and morning that two of them — loners Moore’s life — especially his fight for mandments cannot be made out. drama for everyone to enjoy. Medieval Eric and Alex — stage a Columbine- the right to display the Command- Regardless of size, the ACLU sued Times is expensive at $42 per adult style school shooting. It asks many ments — and defending the position Moore over his display of the plaques and $26 for kids 12 and under (and questions, but answers few of them. that America’s legal heritage is based on and his practice of opening court ses- more still for the “royal package,” gift Van Sant hints at possible rea- acknowledgement of God. Moore even sions with prayer. While he could have shop trinkets, or a tankard of ale) but sons for the boys’ decision:They play favors the reader with some samples of had his legal expenses paid by the Ala- as memorable family fun presented violent videogames, it’s too easy to his poetry — of which it could be said bama taxpayers, Moore chose to raise the with some skill and flare, you could purchase guns, their parents don’t that their best quality is their brevity. money privately, from his enthusiastic do much worse. Huzzah! care. He suggests many possible Moore’s narrative rings true, supporters. — JEFF TAYLOR reasons, but doesn’t commit to any of because it is consistent with what the Moore’s supporters managed to them; at one point “Elephant” alludes public saw of his stubborn character take the case out of federal court and to the boys’ possible homosexuality during the confrontation over the Ten into the Alabama state courts, where as another reason they might feel Commandments monument. the state Supreme Court ultimately You decide in ‘Exorcism’ isolated from their peers. Moore declares that he is not in dismissed it on a technicality. His vic- More troubling is Van Sant’s favor of the government compelling tory against the ACLU earned Moore a • “The Exorcism of Emily Rose” portrayal of the other students he fol- citizens to adopt evangelical Protestant great deal of popularity in Alabama. In Screen Gems Inc. lows throughout the movie, most of beliefs. He declares that all citizens are 2000, he was elected as the state’s chief Directed by Scott Derrickson them victims of the slaughter. They equal before the law regardless of reli- justice, largely on his fame as the “Ten are just as isolated as the murderers, gious belief or lack thereof. The First Ta- Commandments Judge.” New horror films often are all dealing with their own problems. ble of the Ten Commandments — those Fully riled up by the ACLU’s op- compared to “The Exorcist.” These One student lies about his alcoholic commandments specifying man’s duties position, Moore decided to issue a clear comparisons only disappoint movie father. toward God — are not enforceable by challenge to their worldview. He com- audiences as they expect more than Another revels in his artwork, the government, Moore says. missioned the building and installation can be delivered— a problem worse rarely interested in human interac- Moore’s faith in a personal God, to in the state’s judicial building of a big for a film that has “Exorcism” in its tion. A third refuses to dress out in whom he gave the credit for any posi- stone monument with the text of the title. the locker room, afraid the other girls tive developments in his life, developed Ten Commandments. The ACLU, the To put to rest any comparisons will laugh at her. Any one of these early on and never left him. His family Southern Poverty Law Center, and oth- to the famous 1970s demon-posses- students, through Van Sant’s lens, grew up in rural Etowah County, Ala., ers sponsored another federal lawsuit. sion film, or to other genuinely scary could have chosen the same path as in circumstances of what most American The federal appeals court for the horror films, “Emily Rose” does have Eric and Alex. readers would regard as poverty. Admit- 11th Circuit said that Moore’s display creepy moments, but generally is not Van Sant’s picture of high ted to the U. S. Military Academy at West violated the First Amendment, and the very scary. However, it is thought- school is unconvincing: Students are Point, Moore obtained military training federal district court ordered Moore to provoking and entertaining. consumed by their own problems. that reinforced his already considerable remove it. Moore refused. At this point, It tells (“based on a true story”) Teachers and administrators are self-discipline. many of Moore’s former allies parted of a 19-year-old girl who may be pos- noticeably absent. No one attends Moore boasts of the steps he took company with him, claiming that the rule sessed by demons. Instead of going classes; it’s unclear whether classes later as a trial judge in Etowah County to of law demanded compliance with the completely supernatural with spin- are even conducted. It’s impossible promote more efficient trial procedures. federal court order. Moore, on the other ning heads, the filmmakers examine to reconcile Van Sant’s gloomy vision As it turned out, though, a battle over the hand, contended that the rule of law the issues surrounding the death and of high school with the reality we see public acknowledgement of God took demanded defiance of unconstitutional exorcism of Emily through the trial in our own communities. up an increasing portion of the judge’s orders by the federal courts. of the exorcist, Father Moore (Tom Despite its flaws, “Elephant” time. Moore opened his court sessions A state panel removed Moore from Wilkinson) who is charged with neg- asks the important question: why? with prayer. Also, wishing to give God office for disobeying the federal court. ligent homicide in her death. Audiences would be better off at- the credit for his success, Moore decided Though Moore had been removed from Throughout the film, two dif- tempting to find the answers on their to display small wooden plaques of the office, he hasn’t been silenced, and he ferent explanations are provided for own. Ten Commandments in his courtroom. hopes to fight in the political arena for the strange events that lead to Emily’s — JENNA ASHLEY ROBINSON CJ These plaques were not very big. A pho- the public acknowledgement of God in tograph in the book shows the plaques as the public sphere. CJ CAROLINA October 2005 JOURNAL The Learning Curve 23 Lott’s Memoir Takes Advantage of Thurmond Remarks • Trent Lott: Herding Cats: A Life in political enemy he entered the a Democrat, Rep. William Colmer, that Politics; Regan Books; 312pp.; $27.50 of Lott’s—criti- Senate in 1995, Lott embraced the Republican Party. He cized him on I had taken him ran as a Republican—and won—after By SAM A HIEB CNN, saying under my wing. Colmer’s retirement in 1972, claiming Contributing Editor Lott’s words He was protégé victory in a district that was 90 percent GREENSBORO were “the very and I helped Democratic. long with North Carolina’s Jesse definition of him get plum Lott could sense a movement brew- Helms, Trent Lott is the second a racist com- assignments ing after the 1978 congressional elections Southern Republican to publish ment.” and committee when a new breed of conservatives, Ahis memoirs. Like Helms’ Here’s Where W h i l e positions.” including Dick Cheney, Dan Quayle, I Stand, Lott’s Herding Cats: A Life in Lott character- While the and Newt Gingrich, won election to Politics is drawing notice for addressing izes is remark light Lott shines the House. sensitive racial issues. as “innocent and on this politi- The movement was really ready But while race was a subject that thoughtless,” he cal spectacle is to take off after Ronald Reagan’s elec- hung over Helms’ entire 50-year career also blames the interesting, the tion to the presidency in 1980. Things in politics, Lott’s 30-year political career media for treat- rest of the mem- went swimmingly for a while, with Lott was damaged by a single “innocent and ing the incident oir is relatively serving as House minority whip. But thoughtless remark” that set off a fire- as a “hanging unexciting. creeping deficits and the Iran-Contra storm leading to his resignation as Senate offense.” Re- Lott grew scandal caused the Reagan administra- majority leader in December 2002. signing his post up in a work- tion to stray from its policy of fiscal Lott uttered these infamous 40 would be the ing-class fam- responsibility. words at a party honoring South Caro- only way to re- ily in his native By the late 1980s, Lott sensed lina Sen. Strom Thurmond: turn to a normal Mississippi. something wasn’t quite right with the “I want to say this about my state: life. His father, president. When Strom Thurmond ran for presi- Lott does have kind words for Chester Lott, scraped out a living as a “During one visit to the Oval Of- dent, we voted for him. We’re proud of many of his Republican colleagues who pipe fitter, crane operator, sharecropper, fice, I remembered speaking to President it. And if the rest of the country had didn’t exactly rush to his defense. and store manager while his mother Reagan, and he looked like I didn’t followed our lead, we wouldn’t have President Bush, who continues to worked as a schoolteacher. His father know who he was,” Lott writes. “I had had all these problems over all these take heat for not reacting quickly enough battled alcoholism for years, a problem no details, of course, but I knew he was years, either.” to difficult situations, finally called Lott that would eventually result in divorce having memory problems. His troubles That statement angered civil several days after he resigned from the after the younger Lott left for the Uni- had obviously begun.” rights activists and many Democrats, leadership post: versity of Mississippi, where he quickly Lott’s election to the Senate in 1988 who viewed it as an endorsement of “He said he felt bad about rumors became a big man on campus. was engineered by none other than Dick Thurmond’s segregationist platform that the administration was undermin- Lott went on to study law at Ole Morris, who went on to become the mas- when he ran for president in 1948. Lott ing me, and was proud of how I handled Miss, where he encountered liberal, termind behind Bill Clinton’s successful maintains he was trying to boost the my decision to surrender my office,” Yale-educated professors whose mis- presidential campaign. Clinton was dif- spirits of the 100-year-old Thurmond, Lott writes. “I will always remember sion, in Lott’s view, was to “lead these ficult to work with, Lott says, because who, we know now, had just turned the my response clearly: ‘Thank you, Mr. poor, barefoot Southern boys out of the he was constantly making conservative calendar on the last year of his life. President, but the rumors did hurt me wilderness.” overtures while obviously being pulled The remark was made in front of a and you didn’t help when you could “What those young professors back to the left by Gore and first lady large audience and broadcast live on C- have.’” did was create a backlash,” Lott writes. Hillary Clinton. SPAN. But as word spread second-hand Nor does he have kind words for “Instead of making us more liberal, they Semi-interesting stuff. Yet, one gets — mainly though the Internet on liberal Sen. Bill Frist, who became Senate major- helped create a generation of thoughtful, the feeling that, without the Thurmond blogs, the story began to gain steam. ity leader after Lott’s resignation. issue-oriented conservatives who grew incident, Lott isn’t as interesting — or But the story really took off when “I consider Frist’s power grab a up to run Mississippi politics.” polarizing — enough figure to warrant a former Vice President Al Gore — an old personal betrayal,” Lott writes. “When It was while he was working for pot-stirring, bestselling memoir. CJ

To register or purchase tickets for an event visit www.jessehelmscenter.org or contact us at 704-233-1776 Since 1991, Carolina Journal has provided thousands of readers each month with in-depth reporting, informed analysis, and incisive commentary about the most pressing state and local issues in North Carolina. Now Carolina Journal has taken its trademark blend of news, analysis, and commentary to Upcoming Events and Programs the airwaves with Carolina Journal Radio. A weekly, one-hour newsmagazine, Carolina Journal Radio is hosted by John Hood and Donna Martinez and features a diverse mix of guests and topics. The pro- gram is currently broadcast on 18 commercial stations – from the mountains to the coast. The Carolina Oct 11 Helms Forum with FCC Chairman Kevin J. Martin Journal Radio Network includes these fine affiliates: City Center Marriott, Charlotte, NC tickets available for purchase Albemarle/Concord WSPC AM 1010 Saturdays 11:00 AM Asheville WZNN AM 1350 Saturdays 1:00 PM Oct 17 Being An American: Exploring the Ideals That Unite Us Boone/Lenoir/Hickory WXIT AM 1200 Sundays 12:00 PM Burlington WBAG AM 1150 Saturdays 9:00 AM Teacher Workshop* - The Jesse Helms Center, Wingate, NC Chapel Hill WCHL AM 1360 Saturdays 5:00 PM Elizabeth City WGAI AM 560 Saturdays 6:00 AM Oct 31 The Cold War: Understanding the Clash with Communism Fayetteville WFNC AM 640 Saturdays 1:00 PM Gastonia/Charlotte WZRH AM 960 Saturdays 1:00 PM Teacher Workshop* - Friday Center, Chapel Hill, NC Goldsboro WGBR AM 1150 Saturdays 12:00 PM Greensboro/Burlington WSML AM 1200 Saturdays 12:00 PM Nov 14 US Ambassador to the United Nations John Bolton Hendersonville WHKP AM 1450 Sundays 5:00 PM Jacksonville WJNC AM 1240 Sundays 7:00 PM limited tickets available Lecture - Wingate University, Wingate, NC Lumberton WFNC FM 102.3 Saturdays 1:00 PM *Teacher workshops are free to educators Newport/New Bern WTKF FM 107.3 Sundays 7:00 PM Salisbury WSTP AM 1490 Saturdays 11:00 AM The Jesse Helms Center seeks to continue the work of Senator Jesse Helms by promoting Siler City WNCA AM 1570 Sundays 6:00 AM principles upon which he built his life and career: free enterprise, representative democracy, Southern Pines WEEB AM 990 Wednesdays 8:00 AM traditional American values, and a strong national defense. Founded in 1988, the work of the Whiteville WTXY AM 1540 Tuesdays 10:00 AM Helms Center involves education, historical preservation and public policy promotion through Wilmington WAAV AM 980 Saturdays 1:00 PM a variety of programs for students, scholars, and the general public. The Jesse Helms Winston-Salem/Triad WSJS AM 600 Saturdays 12:00 PM Center is a 501 (c) (3) non-profit, non-partisan organization supported by tax-deductible For more information, visit www.CarolinaJournal.com/CJRadio donations. October 2005 CAROLINA 24 Opinion JOURNAL

Commentary Two Americas Revealed

ews item, The News & Ob- thousands of square miles. Towns server of Raleigh (Sept. 7, such as Kinston, Trenton, Grifton, 2005): Snow Hill, Tarboro, Princeville, NJohn Edwards says the aftermath Greenville, and many others disap- of Hurricane Katrina underscores the peared under floodwaters as high “two Americas” theme of his presidential as 30 feet. All their highways inun- campaign last year. dated, the towns were mere islands “We see the poor and working class cut off from the rest of the world. of New Orleans who don’t own a car and No food, no water, no medicine, no couldn’t evacuate to hotels or families gasoline, no supplies of any kind far from the target of Katrina,” Edwards could come in, except by helicop- said in e-mail messages to ter, for days, or weeks in supporters Friday. “We some areas. see the suffering of families In eastern North who lived from paycheck to Carolina, local rescue paycheck and who followed workers, reinforced by the advice of officials and an army of commu- went to shelters at the Civic nity volunteers, went Editorial Center or the Superdome or to work immediately. stayed home to protect their Soon, the state arrived possessions.” with help, including the Easley Legacy: Taxes, Secrecy Richard Edwards added, “We Wagner National Guard. Like in have been too slow to act in New Orleans, federal n a couple of years or so the public best, reflect mixed results. High school the face of the misery of our help arrived days later. will begin to assess the two terms of graduation rates, meanwhile, remain brothers and sisters. This is an ugly and Soon after, thousands of volunteers Gov. Mike Easley. All heads of state abysmal. Discounting the governor’s horrifying wake-up call to America.” and money from across America I— be it presidents, prime ministers, or spin, any benefits of economic give- began to pour in. Rescue opera- governors—want history to remember aways are impossible to measure. At last, John Edwards and I tions continued weeks later. them kindly. That being the case, Ea- Secrecy has been one of the have found something on which But, that’s where the similari- sley might want to consider altering administration’s greatest accomplish- we both agree. There really are two ties end. the course his administration has been ments. Every budget approved by Americas. As Edwards said, Hur- I don’t remember widespread sailing since 2001. Easley came to him at the last minute ricane Katrina made that crystal looting, killing, and incidents As it now stands, Easley will be of the General Assembly session and clear: of women being raped. I don’t known for steaming full speed ahead in through the legislature’s back door. All On one side, there are Ameri- remember police deserting their two critical areas: raising taxes and hoist- of the administration’s major economic cans who assume responsibility, posts and robbing stores. I don’t ing a curtain of government secrecy. “incentive” packages — totaling more work together, cherish their inde- remember local or state officials Immediately upon taking office, than $900 million — offered to Merck, pendence, and live free or die, as shirking their duties. Easley set about raising taxes. The after- Dell, and Boeing, were passed via the they say in New Hampshire. I don’t remember North Car- math of Sept. 11 and a recession, at first, back door of the legislature and without On the other side, there are olinians, either the public or politi- provided convenient excuses for the gov- adequate time for debate. Americans who expect others to cians, using the complicit liberal ernor to lighten taxpayers’ pocketbooks. In 2005, the legislature proposed, feed and house their constituents mainstream media to find federal Although they were the ones to suffer and the administration supported, a and raise their children from cradle scapegoats. I don’t remember any- the ravages of high unemployment at number of bills further restricting access to grave, blame others for their one spewing hatred and charges of the time, North Carolina’s taxpayers to public records: mistakes, stir up dissension, and racism. I don’t remember anyone, begrudgingly accepted the additional • Strengthening the government’s demand that the government—tax- with an eye on the next election, burden of higher taxes. right to recover its costs should a judge payers— shield them from any of trying to take political advantage Soon, though, President Bush’s tax determine that a citizen or the media life’s inconveniences and injustices. of a tragedy. cuts began to work their way through filed a public records lawsuit in bad I’m not talking about the in- Therein probably lies the the economy — even in North Carolina, faith or for frivolous reasons; the same nocent victims of Katrina. Anyone most tragic situation: that in a albeit more slowly than in other states privilege for the public was approved beset by such a disaster needs all time of crisis the radical element — allaying Easley’s need to again blame by the Senate but deleted by the House the help we can muster. Millions that controls the Democratic Party, the recession. Since then, every budget Judiciary Committee; of Americans, myself included, are rather than focusing on the promo- Easley has signed — four in a row — in- • Limiting access to the working rushing to offer assistance, be it tion of unity and reconstruction cluded huge tax increases. The damage records of government lawyers; with our money, food, or time. of a devastated area, seems to be now totals $3.8 billion — a record pace • Withholding information on As one who experienced first- working harder to damage the of almost $1 billion a year — more than pre-published materials used for univer- hand a similar catastrophe here in Bush administration and to create when he took office. sity research and studies and financial- North Carolina, I know what it’s division in our nation. What do the state’s citizens have donor information. Also, information like to live amid the misery of an Edwards should know better. to show for it? Easley likes to measure about government volunteers, private area engulfed by floodwaters of His fellow North Carolinians, and his so-called progress by two standards: phone numbers of public-agency em- biblical proportions. They called it good Samaritans across America, economic development and education. ployees, government e-mail lists, and the 500-year flood. I was the editor set the standard of behavior during If spending is the yardstick — by all draft documents of government em- of The Free Press in Kinston when Floyd. He, and his cohorts, would accounts, the Easley administration ployees. Hurricane Floyd swamped the do well to review that lesson. CJ has been enormously successful. Since Thanks to Easley and his lieuten- eastern part of the state in Septem- he took office, the operating budget for ants, the public’s pocketbook and its ber 1999. the Department of Public Instruction right to know what state government Floyd, and Hurricane Dennis has grown by about $1.33 billion, or is doing have taken a beating in the just before it, dumped a total of up Richard C. Wagner is the editor about 25.4 percent. The Department of past five years. The administration 30 inches of rain and ravaged the of Carolina Journal, newspaper of the Commerce’s budget has soared by about has little time left to repair significant homes of hundreds of thousands John Locke Foundation in Raleigh, $42.5 million, or about 60 percent. damage. It could start by reopen- of North Carolinians and tens of N.C. The report card? DPI test scores, at ing government to its citizens. CJ CAROLINA October 2005 JOURNAL Opinion 25 Just Say No to New Taxes Commentary It is irresponsible for public officials not to take a pledge Building Schools a New Way elf-styled “progressives,” re- Why should politicians running orth Carolinians are about to ping $2 billion over the next 10 years gardless of party or ilk, pride for Congress or president pledge not to get a rude awakening about building and renovating schools. themselves on being courageous raise federal taxes? Because hundreds building public schools — They want to start with voter ap- enough to advocate tax increases to fund of billions of dollars are spent annually S Nwith the rudeness in direct proportion proval of a $427 million bond this the government services needed for a by Washington on pork-barrel projects, to the amount of misleading rhetoric November, followed by three more civil, civilized society. They are focusing corporate welfare, entitlements for the coming from state and local politicians half-billion-dollar bonds in 2007, on the wrong issue, however. middle class, and wasteful projects that about the role that a state lottery will 2009, and 2011. Advocates of limited government do not carry out federal constitutional play in defraying the cost. If all this came to pass, how are not against taxes. They are simply functions in an effective manner. In 2001, the N.C. much of the resulting asserting that current federal, state, Why should politicians running Department of Public In- $200 million in annual and local budgets fund programs that for North Carolina General Assembly struction released a report financing costs will the are far outside the core, far down the or governor pledge not to raise state listing $6.2 billion in un- state lottery pay for? Just fiscal priority list, and far beyond the taxes? Because hundreds of millions of met construction needs in $18 million, or less than ability of government actors to deliver dollars are spent annually by Raleigh the state’s public schools. 10 percent. Implementing effectively. on pork-barrel projects, corporate wel- Since then, localities have the school system’s capital It isn’t really about the taxes, in fare, entitlements for the middle class, issued some $2 billion plan will mean another other words. It is about the spending. and wasteful projects that do not carry in debt for schools’ capi- big tax increase in Meck- Very few on the Right say they out state constitutional functions in an tal needs. But during an lenburg, the state’s high- would refuse to pay the taxes necessary effective manner. April appearance on State est-taxed urban county to police the streets, enforce contracts, And why should local politicians Government Radio, Le- — roughly a 22 percent and perform other rights-protection running in municipal races this fall anne Winner of the North increase in the property- duties. across North Carolina pledge not to raise Carolina School Boards tax rate, according to John Most on the Right would add, at local taxes? Pretty much for the same Association reported that Locke Foundation calcula- the state level, that taxes are appropriate reason, albeit to a lesser extent (much of the next round of assess- tions. to fund certain public goods that would what local governments misspend they ment would likely peg the statewide Something similar is under be costly if not impossible to perform are ordered to misspend by higher-ups, construction needs at as much as $9 way in next-door Iredell County, voluntarily, such as the provision of city for example). billion. which also has a school bond on streets, or that are required in a self-gov- Is it irresponsible for local politi- How can such a staggering the ballot this fall. The $45 million erning republic, such as the guarantee cians to pledge “no” to new taxes? Of price tag be afforded? By passing a item would, if passed, raise property of a minimum level of education (which course not. Until government is pared to state-run lottery, Winner said. taxes by about 7 percent. Local citi- may be funded through taxes but not its core responsibilities, and better priori- This is fatuous nonsense, as zens have formed Quality Education necessarily provided through govern- ties set, it is irresponsible not to make I am sure the school-board lobby- without More Taxes, a group to cam- ment-monopoly schools). such a pledge. CJ ist well understands. The expected paign against the Iredell-Statesville annual take for school construction bond as excessive. “We want to get from a North Carolina lottery will be a better education for our children ... in the neighborhood of $170 million. but we don’t have to raise property Even if leveraged to issue general- taxes to do that,” one organizer said. Intrusive Regulation in Action obligation bonds — as officials in “The quality of education is not how Mecklenburg, Cumberland, Iredell, fancy the building is.” Effects of mandated health-insurance costs not just theoretical Lenoir, and many other counties Exactly. Lottery or not, North are already contemplating — this Carolina taxpayers simply cannot ree-market types are often found largely subsidized services even if their revenue stream will inevitably play afford to shoulder the cost of what arguing that government regula- marginal medical benefit is rather low. a small role in financing the schools school officials want to spend in tion imposes significant but often Expecting these higher claims payments, that administrators, politicians, and the coming decade. Nor should Finvisible costs. Using the state to compel insurers must increase premiums to keep assorted activists wish to build in they have to. As education ana- individuals or firms to do something, or the plans solvent. The result is more ex- the next decade. lyst Terry Stoops argues in a new not do something, is essentially a form pensive insurance for some employees During the legislative ma- Locke Foundation study, there are of taxation that is paid either through and, well, more expensive insurance for neuvering that led to the lottery’s better ways for our communities cash or through foregone opportuni- other employees — the ones who lose passage, House Speaker Jim Black to accommodate increasing enroll- ties — but the tax isn’t collected as health coverage bought collectively at cleverly suggested that the only ments. They include changes in how on-the-books revenue, so its costs are the workplace and must venture out on alternative to state-run gambling to school-capital plans are formulated underappreciated. the individual health-care market. pay for schools was a bill authoriz- and carried out, redesigned schools The National Center for Policy North Carolina has an egregious ing another big sales-tax increase that focus more on education than Analysis in Dallas posted a good exam- record when it comes to benefit man- — which, if adopted by all 100 coun- on other amenities, the use of pub- ple of this phenomenon on its Idea House dates. Among the Southern states, North ties, would cost about half-a-billion lic-private partnerships to build and site recently. Summarizing a study Carolina ranks 4th in the number of dollars annually. Black’s argument operate schools, and giving parents from the National Bureau of Economic insurance mandates (with 45), while was clever but dishonest. The lot- more school choices to alleviate the Research, the piece stated that every nearby states such as Tennessee (38) and tery was never an alternative to enrollment pressure many districts 10 percent increase in health insurance South Carolina (28) impose fewer. If the tax hikes. It was just a supplement. are projecting. costs reduces by 1.6 percent the chances NBER paper is correct, then, some of the Every county seeking the new sales- Obviously, successful schools of being employed. In part, what seems joblessness in our state is attributable to tax authority in 2005 will seek it in need facilities. But larger, more to be going on here is that employers these regulations, most imposed by acts 2006, given that politicians know it ornate, more costly buildings do not reduce their full-time employees in favor of the General Assembly. Thanks a lot, is less unpopular to raise sales taxes make schools more successful. It’s of part-timers to whom they do not have ladies and gentlemen. than property taxes (which is why time for innovative thinking and to pay non-wage benefits. The second point is that these fiscal conservatives should think better priorities in North Carolina Two points need to be made about regulatory effects are impossible to show twice before embracing sales taxes, education. CJ this. First, regulation plays a significant without using some kind of statistical as some do). role in increasing the cost of health in- modeling. You may not be able to see Consider the case of Charlotte- Hood is president of the John surance. Mandated benefits — forcing physically the effects of an intrusive Mecklenburg, North Carolina’s Locke Foundation and publisher of insurers to cover specific treatments or regulation, but that doesn’t make such most populous school district. CMS Carolina Journal.com. Comments may illnesses — leads to higher utilization, effects theoretical. They are practical officials want to spend a jaw-drop- be sent to [email protected]. since enrollees will tend to use free or realities, unfortunately. CJ October 2005 CAROLINA 26 Opinion JOURNAL

Editorial Briefs

Don’t lift retirement tax cap

Raising or removing the current cap on income subject to the Social Security payroll tax is a bad idea, the Cato Institute’s Michael Tan- ner says. Public opinion polls show widespread support and President Bush appears open to the idea — but only in the context of larger reforms that would also include the creation of personal accounts. The removal of the cap would, however, have serious repercussions. It would be the single largest tax increase in U.S. history: $1.3 trillion over the first 10 years while giving the United States one of the highest marginal tax rates in the industrialized world, and potentially could severely disrupt economic growth. Increasing the cap to 90 percent of covered wages (about $150,000 per year) would extend the date by which Social Security begins to run a deficit by three years. In exchange for this massive tax increase, Social Security would gain only an additional seven years of cash-flow solvency — that is, until the trust fund is exhausted and additional general revenues are needed to pay benefits. Removing the income cap would not ad- dress Social Security’s other shortcomings. It would not give workers ownership and control Bush in the Eye of a Political Firestorm over their money, nor would it allow low- and middle-income workers to accumulate a nest s Congress returns from Labor Day recess, That is what the secretary of the Department egg of real, inheritable wealth. Lifting the cap President Bush finds himself in the eye of a of Homeland Security was set up to do. Rearrang- wouldn’t increase Social Security’s rate-of-return political firestorm. With about three years ing the flow charts won’t get it. What is needed is for younger workers. Aleft in his presidency, Bush is faced with problems of a strong and decisive leader of the caliber of Rudy monumental proportions. Giuliani. Decisive presidential action is required, On the front burner is the war in and time is of the essence. Iraq, two Supreme Court nominations, ille- As I mentioned earlier, illegal im- Good times down under gal immigration and border security, rising migration and border security are two gasoline prices, and the perceived lack of critical legislative issues before Congress Now in its 14th year of uninterrupted initial response by some critics to Hurri- this session. We are getting absolutely growth, Australia is experiencing its lowest rate cane Katrina’s devastation of New Orleans no cooperation from the Mexican gov- of unemployment in 28 years (5.1 percent), a low and the Gulf Coast. How the president ernment in stemming the tide of illegal inflation rate (2 to 3 percent) and a stock market that handles these issues could largely define immigrants flooding across our border. In is hitting record-breaking levels, writes American his presidency. August, New Mexico Gov. Bill Richardson Enterprise contributor Tom Switzer. Americans are looking for the declared a state of emergency, “Due to a Why then has Australia been so exceptional? straightforward leadership that the presi- Marc chaotic situation involving illegal aliens Thank a smart mix of free-market reforms and pru- dent exhibited after Sept. 11. The reaction Rotterman smuggling and illegal drug shipments” on dent monetary and fiscal policies, Switzer said. to Hurricane Katrina and the initial federal his Southern border. Shortly thereafter, In the late 1970s, the free-market position response has been divided along partisan Gov. Janet Napolitano of Arizona fol- was adopted by conservatives such as future lines. Unlike Sept. 11, Americans have not rallied lowed suit. Prime Minister John Howard; then the tradition- around the commander in chief. Many policymakers realize that border secu- ally socialist Labor government ditched its old In regard to Katrina, make no mistake about it; rity is homeland security. Article IV, Section 4 of shibboleths in the mid 1980s and implemented the long knives of the left are out in force and have that Constitution reads, “The United States shall a reform agenda. the president in their sights. The Rev. Jesse Jack- guarantee to every State in this Union a Republican Prime Ministers Bob Hawke (1983-91) and son and others on the extreme left are attempting Form of Government, and shall protect each of them Paul Keating (1991-96) converted the nation’s to make the evacuation of New Orleans into a race against invasion.” It is estimated that more than protectionist mentality to the idea that living stan- issue. This is race-baiting at its worst and has no 500,000 aliens enter this country illegally every year. dards depend on Australians’ ability to compete in place in American politics. By some estimates, more than 10 million illegal im- the global marketplace. From this idea flowed the In New Orleans it was the poor blacks and migrants have broken the law with impunity. agenda of tariff cuts, lower taxes, reduced union poor whites who had limited options when it came If we are truly at war — then our borders must power, budget discipline, low inflation, financial time to flee the city. By and large, it was those with be secure. Currently we have 37,000 American and exchange-rate deregulation, privatization of means — and a car or the ability to get an airline troops in South Korea at the DMZ. The president government-owned businesses, and more inde- ticket — that got people to safety. Clearly, in some should consider sending those troops to our North- pendent monetary policy. ways all levels of government failed the people of ern and Southern borders to stop the flow of people Howard has sustained and extended these New Orleans. who are entering our country illegally. reforms since his election in 1996; the benefits have It’s obvious that the leadership of FEMA and Politically, the president has had a bad sum- included a surge in productivity, lower interest Homeland Security are too constrained by a mas- mer. Good policy is good politics. If Bush takes dra- rates, and a wider choice of goods and services sive bureaucracy to respond swiftly to a national matic action on securing our homeland and defining at lower prices. emergency. In light of the terrorist threat that still our mission in Iraq his poll numbers will take care Australian society now offers unparalleled confronts this country — alarm bells should be of themselves. CJ opportunities. Far from producing Dickensian going off in the White House and Congress. What sweatshops, as predicted by the unions, the work- is needed is someone with the authority to cut Marc Rotterman is a senior fellow at the John Locke place changes have produced steady and low-in- through the bureaucracy and get direct access to the Foundation and treasurer of the American Conservative flation wage growth. CJ president. Union. CAROLINA October 2005 JOURNAL Opinion 27 What Is Keeping the NCLB Goals From Being Met?

To the editor, maximized. It is well known that the improvement in that passing percent- achievement growth would have to be here has been much written and EOG tests concentrate on “basics” and age, for each and every group. The 14 percent to meet the 2005 standard spoken about the No Child Left are almost exactly the same from year ultimate goal is a 100 passing percent- for passing percentage; to meet the Behind set of goals—by report- to year. age for every group by the year 2014. 2008 standard the annual achievement Ters, educators, and citizens. Everyone The teachers, who are forbidden Therefore, every evaluated student growth would have to be 18 percent; has an opinion on whom is to blame from seeing the actual test questions, must meet minimum performance to meet the 2011 standard the annual for why past know, nevertheless, which areas to standards by 2014. achievement growth would have to progress in meet- emphasize. The principals and the In addition to codifying and be 29.5 percent. Meeting a standard of ing the NCLB Letter teachers are exhorted to focus, focus, evaluating the groups, the NCLB 100 percent in 2014 is, in fact, impos- goals is now in focus on the most relevant test topics. provides another layer of evaluation sible. If the 2014 goal were reduced to decline. So who, Practice tests are given before the final upon the schools themselves. A school 99 percent, the achievement growth if anyone, is to to the test. Weaker students, who might fail does not meet NCLB standards unless for each of the previous three years blame? the success standard, receive as much all codified groups (of more than 40 would have to be 103 percent. These In the lingo Editor special attention as the teachers can students) within that school meet the are totally unrealistic goals. of the election possibly provide. Approximately 5 standards. If there are 29 such codified The overall average for an- campaign of percent of the enrolled students are groups in the school, then each must nual improvement in achievement 1992, “It’s the excluded from the tests; the rules for meet the passing percentage standard. (achievement as defined by the fixed goal set, stupid.” The goal set itself is these exclusions are constantly being If one group does not meet the pass- EOG tests) for all students has been programmed for failure. discussed and amended. ing percent standard, then the school about 15 percent a year until recently. It can be predicted that, in 2008, The metric of success for the faces sanctions. The public humilia- Even if management could main- the number of schools that fail to individual student is “passing” the tion is meant to goad principals and tain that rate for the next nine years meet the new NCLB standard will be test, i.e., meeting the minimum condi- teachers toward better metric perfor- the 76.7 passing percentage for 2005 greater than in 2005. It will certainly tions for acceptable performance. The mance. would rise only to 92.05 percent. not be proper to “blame” the teachers minimum acceptable score, or cut line, So, why is there an apparent Ninety-two percent falls far short of and principals. It may be proper to for the test itself does not change from regression now, in 2005? 100 percent. blame the superintendents, the State year to year. There is a range of ques- The NCLB requirements for the If the present goal set is main- Board of Education, the Department tions from less difficult to more dif- passing percentages for grades three tained, there will be much unnec- of Public Instruction, and the Wash- ficult, but individual “passing” is very through eight in reading rise from 68.9 essary gnashing of teeth over the ington bureaucracy for their failure to approximately equivalent to actually percent in 2002 to 76.7 percent in 2005, next nine years. Schools will spend recognize the serious flaws in the goal knowing the answers to no more to 84.5 percent in 2008, to 92.2 percent so much effort on unrealistic goal set. Even today, these agencies deserve than 50 percent of the questions and in 2011, and to 100 percent in 2014. achievement that genuine classroom some blame because the problem has guessing the answers to the remaining Similar numbers apply to math. If an- learning will suffer. been explained to them and they have questions. The percentage of students nualized, the step increase per year is William T. Lynch, Ph.D. chosen to ignore the analysis. within any group—e.g., white, His- 2.6 percent. However, a linear incre- Apex, NC The NCLB program, based on panic, economically disadvantaged, or ment in annual passing percentage the End of Grade tests, is intended to any other of 10 categories—that meet performance does not represent a uni- demonstrate test score improvements this minimum “success” metric is the form annual improvement in achieve- Dr. Lynch is a research analyst, from year to year, and is managed so “passing percentage” for that group. ment. For a group that barely met with special expertise in testing evalua- that the probability of “success” is NCLB demands a linearly rising the 2002 standard, the annual rate of tion. There Is Good News on Prices; All We Have To Do is Look

’m a “silver lining” person. I try products have been falling. homebuyers $130 monthly for every purchased much less frequently than to look for good news, especially Here’s a partial list of consumer $100,000 borrowed. Interest rates gasoline. during times when there appears products whose prices have fallen on automobile loans are lower by 3 Yet won’t higher gasoline prices Ito be only bad. We’ve certainly had since 2000. The numbers refer to the percentage points, making $20,000, eventually work their way through our share of bad news cumulative price reductions 36-month car loans cost $30 less per these other products and eventu- about prices recently. It from 2000 to 2005: comput- month. ally cause their prices to rise as well? seems like almost every day ers down 47 percent, TVs These savings have largely Not necessarily. Although gasoline this summer gasoline prices off 46 percent, toys and compensated households for the is a component of most other prices have gone up. It started VCRs have fallen 27 per- higher gasoline prices they’ve had to through their impact on transporta- with the typical increases cent, appliances and cam- pay. This is one reason why consumer tion costs, their importance is often we see when vacation travel eras are 10 percent cheaper, spending has continued to roll on, overstated. The latest data show gaso- picks up. Then, of course, clothing lower by 9 percent, despite the added costs at the pump. line costs account for only 5 percent of we’ve all been shocked at furniture 6 percent cheaper, Why haven’t these price de- all spending in the economy. the gas pump after Hur- new vehicles 4 percent less, clines, and the savings they’ve created None of this should be interpret- ricanes Katrina and Rita hit and tools and sporting for consumers, received more notice? ed as minimizing the added burden the Gulf Coast. goods off 3 percent. A big reason is that gasoline prices are that both households and businesses As we’ve been bom- Almost everything we more obvious. They’re displayed on face when gasoline prices rise. Clearly, barded with this bad price buy for our homes, drive, every major block and intersection, budgets would be in better shape if news, it’s easy to wonder or wear, has fallen in price. and we constantly see them as we gasoline prices were lower. But some whether there’s any good news on The price declines are saving the aver- drive to work, school, and shopping relief has been afforded by the lower prices. Indeed, as gasoline prices have age household more than $700 annu- centers. Plus, most of us buy gasoline prices and costs for many other prod- climbed fairly steadily during the last ally compared to what they spent in at least once a week, so they’re con- ucts we buy. The “big” price picture five years, haven’t they pushed up the 2000. stantly on our mind. indeed looks good. CJ prices of virtually everything we buy And the good news on prices In contrast, other prices are hid- and consume? doesn’t stop here. It’s also much den in stores, catalogs, and magazines, Michael L. Walden is a William I’m happy to report the answer cheaper to borrow money today and we know about them only if Neal Reynolds distinguished professor at is a resounding “no.” At the same time than it was at the start of the decade. we’re actively looking for the product. North Carolina State University and an that gasoline prices have been rising, Thirty-year, fixed-rate mortgages are In addition, products such as furni- adjunct scholar of the John Locke Founda- the prices of many other consumer down 2 percentage points, saving ture, electronics, and even clothes are tion. October 2005 C a r o l i n a 28 Parting Shot Journal Why Is the NCAA Silent About All Those ‘Fighting Scots’?

By JON SANDERS heritage. Ga., whose stu- struck you as daft that athletes would Contributing Editor Driven off dents call them- rally to fight to win under a symbol RALEIGH their land, forced selves the “High- they regarded as cheap, cartoonish n Aug. 5, the NCAA announced into speaking a landers?” And mockery. Perhaps you also saw that a new policy to “prohibit NCAA foreign tongue what about the there did not seem to be that much of- colleges and universities from and giving up many schools of fense taken by Americans of “fighting” Odisplaying hostile and abusive racial/ traditional dress “Fighting Scots” Scots heritage. ethnic/national origin mascots, nick- and clan iden- — Edinboro Uni- I don’t think so, however. If so, names or imagery at any of the 88 NCAA tity, should these versity, Gordon your NCAA would have been showing championships.” people now be College (Wen- American Scots more respect than you Then in the same press release, forced to witness ham, Mass.), showed Native Americans. Because by all the NCAA did was chide schools what the NCAA Maryville Col- now it’s self-evident that you made no that had Indian mascots, nicknames, calls the “hostile lege, Monmouth such consideration of the origins, history, and imagery. And this despite NCAA and abusive” use College, Ohio and honor of the Native American mas- President Myles Brand being quoted to of their ances- Valley Univer- cots, nor of the preponderance of Indians affirm that “The NCAA objects - toin tors by colleges sity, and Wooster who weren’t offended by them. stitutions using racial/ethnic/national and universities’ College? So what if I, an American of Scots origin references in their intercollegiate athletics depart- N o w heritage and “therefore” a representa- athletics programs.” ments? What maybe, Presi- tive of all, no matter what the rest say, President Brand, presumably say ye, President dent Brand, you were to complain about the “Fighting “racial/ethnic/national origin” doesn’t Brand? would want to Scots?” It seems the NCAA would have mean just “Native American.” What I But your say that your to do something about them, right, to want to know is, as an American of Scots N C A A o n l y NCAA checked show equal consideration to Indians and heritage, where’s my people’s protec- cares about In- into those mas- Scots? In fact, for the NCAA to show tion? My people come from a proud dians. Your list of cots already? truly equal consideration, I suppose I tribal tradition, too — in fact, Highland 18 schools sub- Perhaps you saw, wouldn’t even have to be of Scots heri- Scots, who either migrated to or were ject to your new as I have, that no tage — I’d just have to say I was (think brought to the Americas by English mas- policy had nary a mention of the many offense was intended at all with those of a “Ward MacChurchill”). ters (yes, some Highlanders were slaves schools who “continue to use [Scots] mascot decisions. Maybe you saw that But fortunately for you, President — one of the results of “the Clearances”), imagery or references.” Why is that? the mascots were colorful and a tribute Brand, you’re off the hook for now. I’m often were befriended by the Indians Why could you not permit your list to the Scots’ irrepressible spirit—more not about to do such a daft thing. Go because of their mutual regard for tribal to include Gordon College of Barnesville, honor than “hostility.” Maybe the notion Fighting Scots! CJ

We Have North Carolina Talking!

Every week, hundreds of thousands of North NC SPIN has been called ‘the most intelligent THE NC SPIN TELEVISION NETWORK (Partial) Carolinians watch NC SPIN for a full, all-points half-hour on North Carolina TV’ and is consid- WLOS-TV ABC Asheville Sundays 6am discussion of issues important to the state. Poli- ered required viewing for those who play the WWWB-TV WB55 Charlotte Sundays 11pm tics • Schools • Growth • Taxes • Health Trans- political game in the Tar Heel State — whether WJZY-TV UPN46 Charlotte Sundays 6:30am portation • Businesss • The Environment they are in government, cover government, WHIG-TV Indep. Rocky Mount Sundays 10am, 2pm want to be in government, or want to have the WRAZ-TV FOX50 Raleigh-Durham Sundays 8:30am A recent poll showed 48% of North Carolina ear of those in government. WRAL-TV CBS Raleigh-Durham Sundays 6:30am Sundays 5:30am ‘influentials’ — including elected officials, lobby- WILM-TV CBS Wilmington WFMY-TV CBS Greensboro Sundays 6:30am ists, journalists, and business leaders — watch If your company, trade association, or group WRXO-TV Independent Roxboro Saturdays 6pm NC SPIN, with 24% saying they watched the has a message you want political or business WITN-TV NBC Washington-New Bern Mondays 12:30am show ‘nearly every week.’ Thousands of North leaders to hear, NC SPIN’s statewide TV and Cable-7 Independent Greenville Mondays 6pm Carolinians also visit NCSPIN.com and get the radio networks are the place for you to be! Tuesdays 6:30pm latest political news, rumors, and gossip from its Call Carolina Broadcasting (919-832-1416) for Saturdays 9pm Mountain News Network Sundays 9am weekly newsletter “Spin Cycle.” advertising information about TV or radio. Mondays 5:30pm (WLNN Boone, WTBL Lenoir) Tuesdays, 12:30pm