INSIDE THIS ISSUE: DEPARTMENTS Legislature North Carolina 2 C A R O L I N A Education 8 to hold spe- Local Government 10 From Page 1 14 cial session Higher Education 17 on Medic- Books & the Arts 20 Opinion 24 aid/2 A MONTHLY JOURNAL OF NEWS, ANALYSIS AND OPINION Parting Shot 28 JOURNALFROM THE JOHN LOCKE FOUNDATION August 2014 Vol. 23 No. 8 STATEWIDE EDITION Check us out online at carolinajournal.com and johnlocke.org McCrory Signs Bill Repealing Common Core State Board to adopt best standards, maybe some Common Core By Barry Smith Associate Editor RALEIGH ov. Pat McCrory on July 22 signed into law Senate Bill 812, legislation rewriting the edu- cationalG standards in the state’s pub- lic schools and, as supporters argue, leading to the re- placement of feder- The Common Core curriculum has been controversial from the start, with passionate adherents on both sides. Opponents claim ally inspired Com- it was developed in secret and pushed full-blown on the states. Proponents say the nation needs federally mandated common mon Core State education standards. Standards with standards appro- mission to recommend rigorous and it would have banned all Common Although the federal government did priate for North age-appropriate standards for North Core standards. not develop the standards, Washing- Carolina students. Carolina schools. The bill would not Common Core State Standards ton has helped pay for Common Core McCrory, in a prevent the adoption of individual are curriculum and instructional stan- tests. The U.S. Department of Educa- statement released Gov. Pat McCrory Common Core standards if the com- dards in English language arts and tion has meshed Common Core stan- when he signed mission deemed them appropriate. mathematics for students in kindergar- dards within the Obama administra- the bill, argued that S.B. 812 “does not The final law was similar to a ten through 12th grade. The National tion’s Race to the Top program. change any of North Carolina’s educa- Senate version of the bill passed by Governors Association, the Council S.B. 812 “does initiate a much- tion standards.” that chamber earlier in the legislative of Chief State School Officers, and needed, comprehensive and thorough The new law replaces Common session. The original House version of Achieve Inc. developed them. review of standards,” McCrory said. Core standards. It sets up an 11-mem- the bill would have established a com- The Bill and Melinda Gates Foun- ber advisory academic standards com- mission with two fewer members. And dation has funded much of the project. Continued as “McCrory,” Page 14 Elections Board Looking at Wray Spending PAID along with $17,700 for meals and other RALEIGH, NC U.S. POSTAGE PERMIT NO. 1766

NONPROFIT ORG. spending. Investigation focuses Wray paid for these expenses from his campaign account, even on Democrat’s Campaign though he filed for and collected the per diem reimbursement every state fuel-purchase claims Fuel lawmaker is entitled to receive cover- ing many of the same expenses. By Don Carrington Purchases The board’s probe of Wray in- Executive Editor cludes several additional years of cam- RALEIGH paign spending. esponding to a State Board of The document — a spreadsheet The elections board “required Elections investigation looking intended to provide additional infor- that Wray provide details regard- into the possible use of cam- mation about his campaign spending ing documented meals, mileage, and paignR funds for personal benefit, state — attempts to match fuel and meal lodging expenditures which were not Rep. Michael Wray, D-Northampton, purchases he made from July 2011 to properly provided in the campaign’s has submitted a document to the board June 2013 with campaign or legislative disclosures,” said the board’s spokes- that is at odds with public statements activities. Over that period, his cam- man, Josh Lawson, to Carolina Journal. he has made about his campaign fund paign reports listed 427 fuel purchas- The John Locke Foundation 200 W. Morgan St., #200 Raleigh, NC 27601 spending. es amounting to more than $28,000, Continued as “Board,” Page 15 PAGE 2 AUGUST 2014 | CAROLINA JOURNAL North Carolina C a r o l i n a General Assembly to Hold Special Medicaid Session

By Dan Way ly enhanced benefit packages,” Senior said. “They started Journal Associate Editor offering services that had never been offered before in the RALEIGH former Medicaid program.” Rick Henderson edicaid reform will have to wait until fall, as the That was particularly true for adult services such as Managing Editor two chambers of the General Assembly were un- dental, expanded outpatient benefits, and expanded physi- able to agree on structural changes in the health in- cian services. Don Carrington Msurance program for the poor, disabled, and elderly before “Overall, the plans have committed to increasing pro- Executive Editor lawmakers took a lengthy recess. vider reimbursement rates for physicians significantly after The state Senate on July 24 voted to shift Medicaid two full years of operation,” Senior said. That is the oppo- from the current fee-for-service model to one paying pro- site of what critics of the North Carolina Senate plan have Mitch Kokai, Michael Lowrey viders a set per-member-per month fee, moving Medicaid said would happen to provider rates under managed care. Barry Smith, Dan Way from the Department of Health and Human Services to a In an environment where patients can choose among Associate Editors new department, and allowing hospital- and physician-led competing options, plans must attract good doctors and accountable care organizations to bid against insurance- nurses, offer innovative service packages, and do quality Chad Adams, Kristy Bailey based managed-care organizations for regional contracts. work. Plans that fail to meet health quality outcomes and David N. Bass, Lloyd Billingsley The health plans would pick up any costs exceeding their patient satisfaction standards could be assessed damages or Kristen Blair, Roy Cordato budgets. lose their contracts. Becki Gray, Sam A. Hieb The House, however, refused to agree to the Senate Senior said Florida encountered two types of physi- Lindalyn Kakadelis, Troy Kickler changes, voting 106-0 July 30 to reject the cians when the state moved to George Leef, Elizabeth Lincicome Senate rewrite of House Bill 1181. After competitive bidding and plans Karen McMahan, Donna Martinez the two chambers agreed on an updated capping annual per-patient pay- Karen Palasek, Marc Rotterman $21.3 billion General Fund budget plan ments. Jesse Saffron, Michael Sanera George Stephens, Terry Stoops for the current fiscal year, lawmakers “There were some provid- Andy Taylor, Michael Walden said they would return in the fall to deal ers who really pushed back hard, Karen Welsh, Hal Young with Medicaid reform. that were ambivalent about the John Calvin Young Under the Senate’s model, a new new system, didn’t like it,” he Contributors Department of Medical Benefits would said. have opened its doors in September to A second group of prac- Julia Albert, Joseph Chesser begin assuming Medicaid responsibili- tices “have embraced the system, Chad Higgenbottom, Matt Shaeffer ties from DHHS. By July 1, 2016, if the [and] have done very well,” Se- Emma Wheeler DMB had received approval from feder- nior said. Pediatric Associates of Interns al regulators, it would become the state’s Broward County is just one ex- Medicaid agency. And by July 2018, all ample of a practice that has done Published by The John Locke Foundation Medicaid plans in the state, both provider-led and managed so well that it is expected to expand statewide. 200 W. Morgan St., # 200 care, would assume full risk for any cost overruns. Gregory Griggs, executive vice president of the North Raleigh, N.C. 27601 Carolina Academy of Family Physicians, is among critics of (919) 828-3876 • Fax: 821-5117 Mirrors McCrory’s plan the Senate plan. His group backs the House version. www.JohnLocke.org The version of H.B. 1181 that passed the House mir- “Any cost savings they achieve are going to be taken rors Gov. Pat McCrory’s vision of ACO, provider-led plans. out of state and not reinvested in North Carolina,” he said of managed-care organizations. “If you look at the quality Jon Ham That bill contains far fewer details than the Senate’s version. Florida Medicaid director Justin Senior is not surprised metrics that other states have put forward, the Medicaid Vice President & Publisher HMOs fall well behind what Community Care of North that some North Carolina doctors and hospitals object to Carolina does.” John Hood the Senate’s Medicaid plan. The Sunshine State experienced Chairman & President provider pushback while implementing a similar plan that CCNC vs. managed care this year is expected to save taxpayers $600 million. Herb Berkowitz, Charlie Carter “Change is difficult for providers to get used to,” Se- But critics of the nonprofit CCNC, which adminis- Jim Fulghum, Chuck Fuller nior said. “They have a certain way of doing business in ters Medicaid for North Carolina under contract, say fed- Bill Graham, Assad Meymandi terms of the way that they bill, and how they provide servic- eral data demonstrate that CCNC does more poorly than Baker A. Mitchell Jr., Carl Mumpower managed care on a number of measures, and Kaiser Family David Stover, J.M Bryan Taylor es. It is set up in accordance with the incentive structure of Foundation reporting lists North Carolina’s Medicaid costs Andy Wells the fee-for-service system, and they’re comfortable with it.” Board of Directors Fee-for-service systems pay health providers for every under CCNC among the highest in the nation. patient visit and service delivered. Under that model, North Some states, including Louisiana and Georgia, em- Carolina Journal is Carolina taxpayers footed $2 billion in budget overruns the braced the CCNC model but shelved it after failing to achieve savings or improved health outcomes. a monthly journal of news, past four years. analysis, and commentary on Jeff Myers, president and CEO of Washington, D.C.- Like other critics of the Senate’s plan, Rep. Marilyn state and local government based Medicaid Health Plans of America, argues that critics Avila, R-Wake, a primary sponsor of the House plan, said and public policy issues in of managed care are wrong to portray managed-care enti- it was impractical to expect the two chambers to agree on a North Carolina. ties as greedy, out-of-state corporations seeking to siphon reform package in the waning days of the session. ©2014 by The John Locke Foundation profits from North Carolina. Inc. All opinions expressed in bylined articles “I still think we need to sit down and go item by item” “I can’t think of a state that has a significant popula- are those of the authors and do not necessarily over the plans to determine what is best for the state, tax- tion that is covered by a capitated risk plan where our mem- reflect the views of the editors of CJ or the payers, and Medicaid recipients, Avila said. staff and board of the John Locke Foundation. bers don’t have a significant investment in that state of peo- Material published herein may be reprinted as Florida’s plan a model ple that have jobs paying taxes, and facilities where those long as appropriate credit is given. Submis- individuals work,” Myers said. Large managed-care plans sions and letters are welcome and should be The Senate plan draws heavily from Florida’s reform typically employ between 500 and 700 people in a state. directed to the editor. model, which started as a five-county pilot project in 2006 “Even nonprofits still have to derive some form of CJ readers wanting more information and is now in its second year of statewide rollout. Senior profit to continue to run. Doctors have to do that, too, or between monthly issues can call 919-828- said 54 of Florida’s 67 counties are now on board; the rest they would close up their facilities. Hospitals have to do it, 3876 and ask for Carolina Journal Weekly were slated to enroll Aug. 1. or they would close their facilities,” Myers said. “Everyone Report, delivered each weekend by e-mail, This year’s results, compared to a benchmark year, is making a margin because that is how business works, and or visit CarolinaJournal.com for news, links, and exclusive content updated each weekday. show Florida saved about 5.1 percent on its per-member- that’s the way our economy is designed.” Those interested in education, higher educa- per-month payments, or “about $600 million,” Senior said. Although critics rail against corporate man- tion, or local government should also ask to Florida allows provider-led and managed-care entities aged-care plans, the state is not powerless to prevent receive weekly e-letters covering these issues. to compete for five-year contracts in a defined region. or punish abuses, including the authority to termi- Providers rendered price concessions and “significant- nate contracts, Myers said. CJ AUGUST 2014 | CAROLINA JOURNAL PAGE 3 North Carolina Walker Over Berger in 6th Congressional District GOP Runoff By Barry Smith opposition in November, is the likely cused on his message as he goes into in both the Republican and Democrat- Associate Editor winner of the seat, barring a write-in the general election campaign. “Do ic primaries. Ernie Coleman won the RALEIGH campaign. you want to send to Washington some- GOP primary and will face Democratic reensboro minister Mark Berger, son of state Senate leader body who believes in bigger govern- runoff winner Al Whitney in the No- Walker stunned Rockingham Phil Berger Sr., built a huge lead in ment, or do you want to send some- vember general election. County District Attorney Phil fundraising over Walker, reporting body to Washington who believes in Landric Reid won the Democrat- BergerG Jr. in the July 15 runoff for the more than $460,000 during the election limited government?” Walker asked ic runoff primary for sheriff in Anson 6th Congressional District Republican cycle to Walker’s $315,000. Berger also regarding Fjeld. County. nomination. outspent Walker in advertising by a 6-1 In a statement, state Democratic Curtis Lambert won the GOP Walker defeated Berger, who led margin. But Walker focused on grass- Party chairman Randy Voller said, “We runoff for sheriff in Jackson County. in the first primary, in a heated contest roots campaigning, are excited about Charles Blackwood won the by a margin of 60 percent to 40 percent. including the use electing Laura Fjeld Democratic primary runoff for sheriff Walker will face Democrat Laura Fjeld, of phone banks, to represent the citi- in Orange County. a former UNC system official, in the yard signs, and zens of her district. In county commissioner races: November general election. The win- door-to-door can- Laura Fjeld under- • Faye Lacey won the GOP pri- ner will take the seat being vacated by vassing of the dis- stands the impor- mary runoff in Avery County. longtime GOP Rep. Howard Coble, trict, which paid tance of small busi- • David Allen won the District who did not run for re-election. off. nesses and buying 3 GOP primary runoff in Randolph Walker was aided by higher-than- I m m i g r a - local. As our con- County. expected turnout in the runoff elec- tion became a key gresswoman, she • Berlester Campbell won the tions. The News & Record of Greensboro issue in the dis- will fight to pre- District 2 Democratic primary runoff reported that turnout was 6 percent in trict following the serve local control in Robeson County. the 10-county district, far surpassing June defeat of U.S. and be a partner the 2 percent or 3 percent anticipated House Majority with local county • Stony Rushing won the GOP by election watchers. Walker increased Leader Eric Cantor, and municipal gov- primary runoff for an at-large seat in his vote total by more than 70 percent, R-Va., by university professor Dave ernments to improve the quality of life Union County. garnering nearly 19,000 votes in the Brat, who chided Cantor for his sup- for all citizens of the 6th Congressional Three clerk of court GOP run- runoff compared with 11,100 in the port of immigration reform. District.” offs were held July 15. Kim Richards May primary. Berger’s tally fell from Following Cantor’s loss, both Two areas of the state had prima- Sigmon won in Catawba County. Jim 15,100 in May to slightly less than Berger and Walker tried to convince ry runoffs for district attorney. Mixson won in Iredell County. Steve 13,000 in July. GOP runoff voters that they were In District 10 — Wake County — Owens won in Rutherford County. In North Carolina’s other con- strongly opposed to “amnesty” for ille- John Bryant defeated Jeff Cruden 64 Lee King won the Republican gressional primary runoff, Josh Bran- gal immigrants. Walker, who thanked percent to 36 percent to win the GOP register of deeds runoff in Henderson non defeated Gardenia Henley 66 voters in the 6th District for nominat- nomination. Bryant will face Democrat County. percent to 34 percent to capture the ing him, said the margin of victory sur- Lorrin Freeman in the November gen- In Cleveland County, Tott Griffin 5th Congressional District Democratic prised him. eral election. won the Democratic runoff for coroner. nomination. Brannon will face veteran “We wouldn’t be very truthful if In District 25, which includes Josh Lawson, a spokesman for GOP Rep. Virginia Foxx in November. we told you we expected to win with Burke, Caldwell, and Catawba coun- the State Board of Elections, said more In the only state legislative run- 60 percent,” Walker said on election ties, David Learner defeated Jay Gaith- than 105,000 North Carolinians cast off, Shelly Willingham defeated Rusty night. er Jr. 62 percent to 38 percent to win ballots to decide 19 runoff contests Holderness in the Democratic runoff He said he could not identify a the Republication nomination. Learner across 37 counties. For the first time for the 23rd House District, which in- point when the tide turned to his favor. has no Democratic opposition in No- since 2006, no statewide race required cludes Edgecombe and Martin coun- “I think it was just a message over vember. a second primary. ties. Willingham garnered 52 percent 14 months,” Walker said. “We contin- Primary runoffs for sheriff were “Turnout was higher than any of the vote to Holderness’ 48 percent. ued to build people before politics.” held in four counties, including Beau- second primary over the past de- Willingham, who faces no GOP Walker said he plans to stay fo- fort County, where there were runoffs cade,” Lawson said. CJ Keep Up With State Government Be sure to visit CarolinaJournal. com often for the latest on what’s go- ing on in state government. CJ writ- ers are posting several news stories daily. And for real-time coverage of breaking events, be sure to follow us on Twitter (addresses below).

CAROLINA JOURNAL: http://www.twitter.com/CarolinaJournal JOHN LOCKE FOUNDATION: http://www.twitter.com/JohnLockeNC PAGE 4 AUGUST 2014 | CAROLINA JOURNAL North Carolina State Briefs Report: N.C. Pension May Be Underfunded Democrat dark money By Dan Way 3 percent and 4 percent. That is “the “The North Carolina Retirement Billionaire Jim Simons, a Associate Editor safest way to go, and less risk for your Systems assumes a 7.25 percent rate of major contributor to Democratic RALEIGH pension obligations means less risk for return on investments, the fourth low- political candidates, funds, and recent study concluded that businesses when they’re interested in est among state plans,” he said. “This causes, has come under fire from North Carolina’s $87 billion selecting a state to locate plants or op- rate is consistent with the median ex- federal investigators, a move that state pension fund is the sec- erations,” Hogan said. pected return over the next 20 years has not gone unnoticed by the Aond-best performing plan in the na- The new accounting procedures from a recent asset-liability modeling North Carolina Republican Party. tion, even though new government- are an improvement but do not go study.” The Washington Free Beacon mandated accounting methods show “nearly far enough because the stricter “We’re fine with the standards website reported that at a Senate it might be underfunded by more than standards will apply only if you are that we have right now,” said Mitch committee hearing July 22 on the $15 billion instead of operating in the less than 80 percent funded,” Hogan Leonard, a spokesman for the State “Abuse of Structured Financial black, as official state figures claim. said. Therefore, North Carolina would Employees Association of North Caro- Products,” senators from both par- “It is good not have to use that methodology. lina, a major contributor to the state ties blasted Renaissance Technolo- news” for the The six studies looked at pen- pension plan. He believes that using gies, a hedge fund run by Simons, state in terms of sion underfunding as a percentage of the new accounting methods would that has used creative accounting taxpayer liability a state’s gross domestic product — a continue to show North Carolina is methods to shield itself from more and as a recruit- measurement of the market value of all among the best-funded plans in the than $6 billion in federal taxes. ment tool to lure goods and services produced. country. Bloomberg.com reported business and According to North Carolina’s “The other [states’] funds are that the Internal Revenue Service industry, said officially reported figures, the state not as well-funded because they don’t is challenging a “particularly ag- Aloysius Hogan, pension plan has $1.1 billion in assets meet the standards they need to meet gressive” technique used by Si- a senior fellow above its payout liabilities. as far as the employer contribution or mons, which led to Renaissance at the Washing- But a study by James Naughton the employee contribution,” Leonard skirting hundreds of millions of ton, D.C.-based N.C. Treasurer of Northwestern University, and Rein- said. Janet Cowell dollars in taxes owed by Simons Competitive En- ing Petacchi and Joseph Weber, both of In the CEI report, Sarvis said one terprise Institute. Massachusetts Institute of Technology, of the problems with state pension and other investors. Simons’ esti- “Your pension funding is solid.” arrived at very different results using a funds is that they are defined-benefit, mated net worth is $15 billion. Robert Sarvis, a lawyer, software 20-year average from 1990-2009. rather than the defined-contribution One group that has benefited engineer, economist, and Libertar- When re-estimating the plan us- plans that most private corporations from Simons’ largess is the Senate ian candidate for Virginia governor in ing fair market value based on Trea- use. Majority PAC, a group founded 2013, conducted the meta study, “Un- sury rates, it showed North Carolina’s Under a defined-benefit plan, by Senate Majority Leader Harry derstanding Public Pension Debt, a pension plan was “the amount Reid that works to elect Democrats State-by-State Comparison,” for CEI. $15 billion in the of benefits to to the Senate. The Washington Free It amalgamated six separate studies to hole, representing be paid out Beacon report said that on one day compile state rankings. 5.4 percent of the to future re- in March, Simons gave $2 million However, Hogan cautioned, $15 state’s GDP. tirees is fixed to the Senate Majority PAC and billion “is nothing to sneeze at,” and CEI did not by a formula $1 million to the House Majority “having to pay these pensions means evaluate the vary- and legally PAC. Citing CQ Roll Call, the Free taxpayers are going to be on the hook. ing methodologies guaranteed, Beacon said that Simons has do- And when you pay it you’re going to and time periods so public nated nearly $13 million to Demo- have to raise the money either by cut- of the six studies, pension pro- cratic candidates, committees, and ting services or by raising taxes and instead averag- grams that are interest groups since 2008. revenue fees.” ing the composite underfunded Will Allison, a spokesman for Government officials generally results. The CEI may require the state Republican Party, lashed use much rosier financial predictions results showed further infu- out at Democratic U.S. Sen. Kay than the private sector. Public pension North Carolina’s sions of cash, Hagan, whose GOP opponent in plans incorporate a “key fudge factor” state pension un- lest they be- come insol- November, House Speaker Thom in rate of return on investments. By derfunded at 0.9 vent,” Sarvis Tillis, has been the target of at- predicting a high rate of return, based percent of state on riskier investments, a government GDP. wrote. tacks by the Senate Majority PAC. A defined-contribution plan al- does not have to shift as much tax That means North Carolina The campaign watchdog group locates a set amount of money to em- money into near-term funding of the ranked “the second most responsible OpenSecrets.org reports that as of ployees to invest as they see fit to best system. state in the union in terms of funding July 22, the Senate Majority PAC meet their needs. If risky investments tank, higher their public pension debt,” the same has spent more than $5 million at- “There are a lot of legislators who return projections may not pan out. position at which the Census Bureau tacking Tillis and more than $1.4 would support a defined-contribution ranked North Carolina in its study, million backing Hagan. And because the state officials over- plan,” Leonard said. “We want to stay Hogan said. “The reality is that Senate seeing the pensions reduced their cash with the defined-benefit concept be- “North Carolina has one of the Majority PAC is run by Harry Reid allocations to pursue riskier invest- cause at the end of the road it’s better best-funded state pension plans un- and relies on huge donations from ments, the pension plans are left un- for the employee.” derfunded. der any reasonable measure because people like James Simons, anti- Before the long session in 2015 a The independent, quasi-private with only one exception in 75 years, Second Amendment billionaire House committee “will at least get a Government Accounting Standards the General Assembly has fully funded Michael Bloomberg, and radical hard look” at an optional retirement Board establishes investment regula- the retirement system each year,” said left-wing billionaire Tom Steyer system that would allow employees to tions and guidelines for state and local Schorr Johnson, a spokesman for state so they can deceive North Caro- choose between defined-contribution governments. It has a new methodol- Treasurer Janet Cowell. linians by airing false attack ads or defined-benefit plans, Leonard said. ogy kicking in this year, “and it does “For the purpose of calculating against Thom Tillis,” Allison said. “If you offered two plans, then push people to take more conservative the annual required contribution rate that would mean less money would Hagan’s campaign office did estimates” of return on investment, necessary to ensure the current and fu- go to the defined-benefit plan. In the not respond to a request for a com- Hogan said. ture financial health of the North Caro- long run, that could cause benefit re- ment on the Simons investigation CEI and others recommend us- lina Retirement Systems, the Board of ductions,” Leonard said. “It could hurt or the Republican assertion. CJ ing the 10- to 20-year Treasury bond Trustees consistently follows the ad- the folks who were depending on that rate of return, which ranges between vice of our actuaries,” Johnson said. who are already retired.” CJ AUGUST 2014 | CAROLINA JOURNAL PAGE 5 North Carolina Amendment Would Allow Felony Defendants to Waive Jury Trials

By Barry Smith searched,” Rowell said. Associate Editor “I think it’s legitimate to ask what RALEIGH are the potential costs if this passes,” oters in November will be able Rowell said. “My concern is not with to decide on a proposed con- people who can afford private counsel stitutional amendment giving and can afford the best legal advice. NorthV Carolinians charged with a fel- My concern is the people who may ony the option of waiving a jury trial take advantage of this waiver may be and allowing a Superior Court judge to the people who do so not in their best render a verdict. interest.” Currently, the N.C. Constitution Dick Taylor, CEO of the N.C. states that, in felony cases, “No per- Advocates for Justice, a trial lawyer’s son shall be convicted of any crime but by the unanimous verdict of a jury in group, said criminal defense lawyers open court.” Unlike many other states, who are members of the group were The proposal was sponsored by it’s hard to explain to a 12-person jury reluctant to agree with anything that the N.C. Constitution does not provide former state Sen. Pete Brunstetter, R- when a judge would pick it up auto- the option of a bench trial for felony would erode the right to a trial by jury. Forsyth. Lori Kroll, who was Brunstet- matically.” But since the option was the defen- defendants who prefer that alternative. ter’s legislative general counsel, said Daughtry said the intricacies of dant’s, they chose not to oppose the The proposed change would al- the N.C. Conference of District Attor- an insider trading case could be diffi- change. The group also decided not to low defendants in nondeath-penalty neys approached Brunstetter and her cult for a defense attorney to explain to felony cases to request in writing, or with recommendations to increase ef- a 12-member jury, oppose the amendment since it would state in open court, that they waive ficiency in North Carolina’s superior but much easier not apply in capi- their right to a jury trial. A trial judge courtrooms. They came up with the for a judge to com- tal cases. would have to grant consent for the idea of allowing defendants to waive prehend. The origi- request. jury trials. “If I had Some are nal bill allowed While the amendment passed Rep. Leo Daughtry, R-Johnston, made a million concerned about the defendant to the state House, 104-1, and the Senate, who is an attorney, thinks the change when [a compa- waive a jury trial 44-0, some criminal defense attorneys is a good idea. ny] went public, the effect on in any felony case. have expressed concerns about the ef- “Sometimes I feel that I’d be I would be wor- However, that was fect the change might have on indigent better off waiving a jury and letting ried that the jury indigent changed in com- defendants or others who may not be a judge hear it if the issues are very may conclude mittee to exclude able to afford expensive legal help. defendants complex,” Daughtry said. “Sometimes that I was guilty,” death penalty cas- Daughtry said. es. Eric Row- Kroll said ell, an attorney in Charlotte who was that the judge would be responsible a prosecutor in South Carolina, said for making sure a defendant truly pre- he’s concerned that if the amendment ferred not going before a jury. passes, the least advantaged might be “The judge has to believe the de- the most hurt by the change. fendant is knowingly and voluntarily “My primary concern is the po- Seeking an executive director tential for abuse,” Rowell said. waiving his right to a trial by jury,” The John W. Pope Center for Higher Education Policy in Raleigh, North Caro- Rowell notes that people waive Kroll said. “Then it’s up to the judge.” lina, is seeking an executive director to continue its decade of work in the field of their legal rights all the time. “They If the amendment is ratified Nov. higher education reform. waive their right to silence; they waive 4 by voters, it will take effect Dec. 1 and their Miranda rights; they waive apply to criminal offenses arraigned in The Pope Center is a 501(c)(3) public charity dedicated to the pursuit of excel- their right to not have their vehicle Superior Court on or after that date. CJ lence in college and university education, especially in North Carolina. We rec- ognize that public and private institutions of higher education are challenged in the pursuit of their traditional goals of preparing young Americans for leadership, citizenship, and personal achievement. The Pope Center works to remedy that by creating awareness of operational complexities of educational institutions and proposing alternatives through written articles, reports, lectures, conferences, and personal relationships with elected officials, members of college and university boards, administrators, educators, and other policymakers.

Responsibilities

· Working with the Pope Center board of directors to assure that the organiza- tion has a long-range strategy to achieve its mission. · Managing a staff (currently eight) to carry out that strategy. · Overseeing the management and finances of the Pope Center. · Raising funds in cooperation with the board of directors. · Enhancing state and national recognition of the Pope Center’s efforts.

Desired Skills and Qualifications

· Significant experience in nonprofit or education management. · Ability to lead, select and manage creative thinkers. · Ease at speaking before a wide range of audiences. · Experience raising money for nonprofit or education causes. · Commitment to the mission of the Pope Center and a philosophy of limited government. · Excellent writing and editing skills.

The John William Pope Center for Higher Education Policy 353 E. Six Forks Rd #200, Raleigh, NC 27609 PAGE 6 AUGUST 2014 | CAROLINA JOURNAL North Carolina O’care Exchange Subsidies Likely to Be Decided by Supreme Court By Dan Way guides us is higher still. Within consti- Associate Editor tutional limits, Congress is supreme in RALEIGH matters of policy,” the decision said. he U.S. Court of Appeals for the A limited judicial role in that arena D.C. Circuit on July 22 ruled 2-1 “serves democratic interests by ensur- that the federal government can- ing that policy is made by elected, po- notT tax employers in order to provide litically accountable representatives, health insurance subsidies in North not by appointed, life-tenured judges,” Carolina and 35 other states that re- the decision said. fused to establish Obamacare exchang- es, potentially threatening the national ‘Tough decision’ health reform. The Halbig ruling “was a tough That same day, the U.S. 4th Cir- decision by some principled judges cuit Court of Appeals in Richmond to make because all the pressures” are unanimously upheld the subsidies, re- not to undermine a law that’s in effect jecting similar arguments by plaintiffs in another case. Both lawsuits charged and to just say, “Who are we as judges the Internal Revenue Service with re- to stand in the way of a president who writing the law in 2012 illegally. was re-elected?’” said Thomas Miller, Because of the split in the circuit House already announced “the sub- structure of related provisions, and the a senior fellow at the American Enter- court decisions, legal observers believe sidies would remain in effect until legislative history of the act, we are un- prise Institute. the U.S. Supreme Court ultimately will there’s a definitive, final ruling.” able to say definitively that Congress The Halbig judges listened to ar- decide the issue, which affects some 5 In King, the 4th Circuit unani- limited the premium tax credits to guments, looked at the way the law million people who bought taxpayer- mously upheld the IRS Obamacare re- individuals living in states with state- was written, and decided “we’re not subsidized insurance policies on the write in an opinion announced a few run exchanges,” said the opinion, writ- supposed to be another legislature federal exchange. hours after the Halbig decision. Two ten by Judge Roger Gregory. which fixes the problems that other other pending federal lawsuits chal- “With only 16 state-run exchang- people created,” Miller said. ‘One’s right, one’s wrong’ lenge the IRS ruling that subsidies can es currently in place, the economic Federal attorneys are seeking re- view of the Halbig ruling from the full “One’s right and one’s wrong, be issued on the federal exchange. framework supporting the act would slate of D.C. Circuit judges. With or that’s really the gist of it,” said Sam crumble if the credits were unavailable ‘Not surprised’ without that review, the case could end Kazman, general counsel of the Wash- on federal exchanges,” the ruling said. up in the Supreme Court, whose next ington, D.C.-based Competitive En- Kazman said he was not sur- In Halbig, the majority opinion term opens in October. terprise Institute, of the decisions. prised by the 4th Circuit outcome. written by Judge Thomas Griffith re- The reasoning used by the Hal- Kazman coordinated the plaintiffs’ During oral arguments, the judges lied more heavily on the judicial phi- big judges got some support on July arguments in the Halbig v. Burwell asked tough questions of the plaintiffs, losophy defending the plain mean- 25 when a video surfaced of Jona- case before the D.C. Circuit and also indicating they were leaning toward ing of text. In this case, they said, the worked on the King v. Burwell case be- the government’s position. “conclusive evidence” is that the law than Gruber, the key architect of the fore the 4th Circuit. If upheld, Halbig “has the poten- clearly made subsidies available only Affordable Care Act, saying specifi- Kazman said he was pleased tial to jeopardize subsidies for hun- on state exchanges. cally that the bill was written to al- with the Halbig decision. It reversed an dreds of thousands of North Caro- “Our ruling will likely have sig- low only state-run exchanges to be IRS ruling that subsidies could be paid linians. Without access to affordable nificant consequences both for the mil- eligible for subsidies, in an effort on federal exchanges, even though the coverage, these families and individu- lions of individuals receiving tax cred- to force states to create exchanges. wording of the Patient Protection and als may go without the health care they its through federal exchanges and for Gruber claimed he had mis- Affordable Care Act — the formal title need,” said North Carolina Insurance health insurance markets more broad- spoken, but several hours later an of Obamacare — limited the payment Commissioner Wayne Goodwin. ly,” the opinion stated. audio recording surfaced with him of subsidies to insurance policies sold “I am frustrated by the lack of “But, high as those stakes are, the saying the same thing, this time on the 14 exchanges set up and oper- state control in this matter, but my staff principle of legislative supremacy that from a prepared text. CJ ated by individual states. and I will monitor this issue closely as “It’s a victory not just with re- it plays out in the courts, and we will spect to Obamacare but really, more continue to support and advise the importantly, with respect to the whole people of North Carolina the best that notion of the rule of law, because you we can under the law,” Goodwin said. had IRS here pretty much rewriting “Nothing is changing for Blue Share your CJ some provisions of the Obamacare Cross Blue Shield of North Carolina statute,” Kazman said of the ruling by customers right now,” said company the D.C. Circuit. spokesman Lew Borman. The insur- Finished reading all “That’s bad enough in the normal ance giant is one of two insurers pro- course of things,” he said. viding coverage plans on North Caro- lina’s federal exchange. the great articles in this Rewriting versus implementing “We will be following the issue month’s Carolina Jour- “But when you have an adminis- very closely, and it will likely be many months before the issue is settled,” tration that is as set on expanding its nal regulatory power as this one is, then Borman said. “In the meantime, we ? Don’t just throw it the danger of an agency rewriting the will continue to support our customers law instead of just implementing it re- and will keep them informed of any fu- in the recycling bin, pass ally gets much, much larger,” Kazman ture developments.” it along to a friend or said. “For that reason, it was at least Expansive view as important as for whatever impact it has on Obamacare.” In the King ruling, the judges neighbor, and ask them He expects the D.C. Circuit to took a more expansive view of the IRS issue a stay barring the government rule than the Halbig majority. to do the same. from collecting subsidies, though at “Having examined the plain lan- press time there was still no word of guage and context of the most relevant Thanks. that action. But, he noted, the White statutory sections, the context and AUGUST 2014 | CAROLINA JOURNAL PAGE 7 North Carolina JLF: State Lawmakers Should Get Rid of New E-Cigarette Tax

By CJ Staff Carolina legislators to set an example RALEIGH for other states proposing taxes on e- orth Carolina lawmakers cigarettes. In other words, imposition should “make history” by of this tax is primarily about yielding becoming the first legislative to pressure from special interests.” bodyN to repeal a state tax targeting Curry and Cordato take aim at electronic cigarettes. John Locke Foun- the process used to approve the new dation researchers make that recom- tax. Legislators inserted it in a 48- mendation in a new Spotlight report. page law originally dubbed “Omnibus A vote to scrap the tax would Tax Law Changes.” “The point of this mark an about-face for the N.C. Gen- brand new tax has little to do with the eral Assembly, which voted in May to overall purpose of the omnibus legisla- make North Carolina just the second tion, and the only way to vote against state in the nation to adopt an add-on the e-cigarette tax was to vote against e-cigarette tax, following Minnesota’s the entire bill, which most people be- lead. Eighteen other states have con- lieved to be necessary,” Curry said. sidered and rejected similar taxes. Lawmakers interested in an “No matter how you slice it, the aboveboard legislative process would e-cigarette tax is bad tax policy,” said have pulled the e-cigarette tax from the report co-author Sarah Curry, JLF di- omnibus tax bill, debated it separately, rector of fiscal policy studies. “It runs and voted on it as freestanding legis- counter to basic principles of economic that is, the government should extract require a tobacco license to sell, distrib- lation, she said. “The citizens of North efficiency and individual liberty. It the money it needs from taxpayers ute, and import e-cigarette products.” Carolina deserve transparency in the hurts small businesses. Plus the leg- without distorting their freely made In addition to an increased reg- lawmaking process, and they did not islative process that produced the tax receive it in this case.” decisions,” he said. “All excise taxes, ulatory burden, the new tax will in- lacked transparency. It’s time to re- The report documents 18 other including this e-cigarette tax, distort crease the product’s cost. The new tax verse course.” states’ rejection of e-cigarette tax pro- decision making by penalizing some also provides an unfair advantage to The new law is scheduled to take posals over the past two years, includ- consumer choices relative to others. large companies that already deal with effect June 1, 2015. It would add 5 cents ing New York’s rejection of the idea As a matter of pure economics, it is not tobacco-related rules and licenses, of tax on each milliliter of “consumable two years in a row. appropriate for the government to tax Curry said. product,” meaning the liquid solution, Curry and Cordato also note a some goods and services more heavily “Small businesses will be forced or e-liquid, that’s used in e-cigarettes. minimal potential impact for North than others.” to increase spending on lawyers and Until the law takes effect, e-cigarettes accountants to comply with new li- Carolina’s nearly $21 billion General will continue to be subject to state and Beyond economic theory, the re- Fund budget. “The new tax is expected port examines the potential impact censing and reporting requirements,” local sales taxes. she said. “These extra costs could to raise only $5 million, which is al- on businesses that sell e-cigarettes in “The current North Carolina cause some existing e-cigarette busi- most meaningless in the context of the North Carolina. tax policy with respect to the sale of nesses in North Carolina to shut down, overall budget picture,” Curry said. “More than 80 small e-cigarette e-cigarettes gets it right,” said report to the benefit of big competitors.” North Carolina should forgo co-author Roy Cordato, JLF vice presi- businesses operate in North Carolina, Speaking of big competitors, Win- that money and instead adopt a better dent for research and resident scholar. and small businesses dominate the ston-Salem-based R.J. Reynolds Tobac- policy, Curry said. “The N.C. General “They are taxed at the same state and market, at least for now,” Curry said. co Company requested the new tax in Assembly should recognize its mis- local sales-tax rates that apply to other “The e-cigarette tax stands to hurt the first place, Curry said. “While not take and come clean with the citizens consumer goods throughout the econ- those small businesses, in addition to currently in the e-cigarette market, R.J. of the state, who clearly deserve bet- omy.” potentially tens of thousands of other Reynolds is expected to be a big, if not ter,” she said. “Lawmakers can do this The new tax violates the first retailers and wholesalers, because it the biggest, player in the near future,” by making history and becoming the principle of efficient taxation, Cordato classifies an e-cigarette vapor product she said. “RJR argued that the Minne- first state in the country to repeal an e- said. “That principle is neutrality — as a tobacco product and will therefore sota tax was too high and asked North cigarette tax.” CJ Locke, Jefferson and the Justices: Foundations and Failures of the U.S. Government

By George M. Stephens

Preface by Newt Gingrich

“This book is about American politics and law; it is also about the roots of the Contract with America. A logical place to find the intent of the Founders is in Locke, [and] Stephens makes a contribution to highlighting this.” Newt Gingrich Former Speaker U.S. House of Representatives

Algora Publishing, New York (www.algora.com) PAGE 8 AUGUST 2014 | CAROLINA JOURNAL Education

COMMENTARY Final Budget Deal Includes Slowing the Summer Slide Large Raise for Teachers By Barry Smith years, pay for first-year teachers would or many students, summer system assigns students to a base Associate Editor rise from $30,000 to $35,000. Berger is synonymous with sun- school (either traditional or year- RALEIGH said setting the base pay higher gives ning and snoozing. Summer round). Parents may apply to a enate and House leaders on July future legislative sessions the opportu- Fis also the season of learning loss. “calendar option” on the opposite 29 rolled out the outline of their nity to modify teacher compensation Aptly (and alliteratively) dubbed schedule of the base school. Place- $21.3 billion General Fund bud- further. “summer slide,” this seasonal skills ment is not guaranteed, however. get,S including an average 7 percent “We now have a platform that drop-off adds up to one month of Do year-round schools de- pay increase for teachers. we can build on to do things such as lost learning. For some students, liver? Some studies reveal modest The plan does not eliminate master’s supplements, such as paying the downward slope is especially academic benefits; others do not. teacher assistant positions, protecting teachers additional amounts for teach- steep, influencing educational at- According to sociologist Paul Von a priority of Gov. Pat McCrory. It also ing in hard-to-staff areas or in hard-to- tainment years later. Hippel’s research, year-round provides state employees $1,000 an- staff schools,” Berger said. “Those are nual pay increases plus added benefits things that will come in the next ses- What’s the best predictor students learn more than tradi- averaging roughly $240. Most state sion and the next session.” of summer learning, or its lack? tional-school students during the employees also will receive five bonus Budget writers also made room The family pocketbook reigns as summer, but less during the rest vacation days. for film incentives in the 2014-15 summer sovereign. Children with of the year. However, year-round Senate President Pro Tem Phil spending plan, but not for historic affluent parents access a schooling is linked with Berger, R-Rockingham, said the bud- preservation tax credits. smorgasbord of enrich- higher reading scores for get was the culmination of three years The budget includes a $10 mil- ment options: travel, low-income students. of work following the 2010 elections, lion film grant program that would camps, or lessons. Lower- Public-private when Republicans took over the Gen- replace the film production tax credit, income students face partnerships, such as eral Assembly and put the “state back which expires Dec. 31. The tax credit fewer choices. those supporting sum- on solid financial footing.” for renovating historic structures also So significant is mer bridge programs for “Responsible was left out of the fi- summer learning loss for disadvantaged kids, are budgeting decisions nal budget. “It’s in- these kids that it accounts promising. The nonprofit and pro-growth eco- consistent with the for much of the growing Breakthrough Collab- nomic policies have principles of tax re- socio-economic achieve- KRISTEN orative (which won an also enabled legisla- form,” Tillis said, not- ment gap by ninth grade. BLAIR award from Johns Hop- tive Republicans to ing that investors are That’s the finding of kins) coordinates inten- offer at this time the able to make a return long-running research sive, six-week summer largest teacher pay on their investment. from Johns Hopkins Uni- sessions for low-income increase in state his- Berger also said versity sociologist Karl Alexander middle schoolers in 27 cities. tory,” Berger said. the budget makes and colleagues. Students attend programs during House Speaker room for a new $20 During the school year, three consecutive summers and Thom Tillis, R-Meck- million “closing” or students across the economic receive follow-up guidance in high lenburg, agreed that job catalyst fund if the spectrum actually make similar school. Results are impressive. the groundwork for this year’s teacher General Assembly approves Senate- learning gains, Alexander has For all students, the least ex- pay increase was laid in 2011. backed legislation creating and ex- found. Summer ushers in more pensive summer pastime ― read- “The way that we got to the point panding incentive programs for busi- languid learning for all, but low- ing books from the public library we are today is because of difficult de- ness recruitment. income students are hit hardest. ― also is among the most enrich- cisions we had to make in 2011 to get Other provisions in the budget Cumulative seasonal losses are ing. Placing books “in the hands of the fiscal house in order,” Tillis said. agreement include: largely responsible for the differ- children,” according to New York “Now we’re in a position to provide • A pay increase for state troop- ence between poor and affluent State Librarian Bernard Margolis, these historic pay increases, to provide ers ranging between 5 percent and 6 kids in college-preparatory class “is the best antidote for the ‘sum- pay increases to state employees and percent. placements or four-year college mer slide’ in children’s reading teachers, to fulfill a promise we made • An additional $800,000 for Op- attendance. achievement.” to the educators back in February.” portunity Scholarships, allowing chil- “Calendar reform”― convert- My mother would agree. The Legislative leaders note that the dren from low-income families to at- ing some traditional schools to daughter of a widow who worked $282 million price tag for the teach- tend private school. The new funding year-round schedules ― has been as a telephone operator, my mother er pay increase is the largest dollar is added to the $10 million approved amount in state history, although ear- last year. The extra money will help touted as a way to mitigate sum- spent long summer days at the lier legislative sessions have provided more children attend private school mer slide. In February U.S. Sen. public library with books as com- salary increases that were larger in per- than originally planned. Mark Kirk, R-Ill., introduced legis- panions ― and transports, even, to centage terms. • Converting the current 37-step lation to pilot year-round schools another world. She went on to be- The 7 percent pay raise averages teacher pay system into a six-step in some low-income districts come a high school English teacher $3,500 per teacher, Berger said. He said schedule. nationwide. (later, earning a doctorate from the increase would move North Caro- • An across-the-board, $500 pay In North Carolina, school Georgetown University). A devot- lina teachers from 46th in the nation to raise for public school teaching assis- districts have increased year-round ed proponent of summer reading, 32nd in average teacher pay. tants. schooling to boost performance or she required me to read up to 500 The Senate originally had pro- • Preserving current Medicaid accommodate growth. The Wake pages a week in the summertime. posed an 11 percent increase for teach- eligibility levels. The Senate proposal County Public School System Many summers (and pages) ers who gave up tenure. The House originally would have made some dis- operates 50 year-round elementary later, I can recall the opening lines proposed a 5 percent pay increase with abled patients ineligible for Medicaid. and middle schools. Other systems to her favorite Emily Dickinson no tenure strings attached. In the end, • Maintaining current funding statewide offer year-round options, poem: “There is no frigate like a teachers were not required to surren- levels for the state’s university system. albeit on a smaller scale. book to take us lands away.” The der tenure to get the 7 percent raise. • Reducing Medicaid spending Year-round schooling isn’t comparison serves us still. CJ Superintendents would continue by $135 million through payment cuts desirable for every family, so par- to have broad flexibility in spending, to providers. ents always should get to choose. Kristen Blair is a Chapel Hill- Berger said. At press time, the budget plan Currently Wake County’s school based education writer. Tillis said the budget boosts start- had not passed either chamber and ing pay for teachers. Over the next two had not been signed by McCrory. CJ AUGUST 2014 | CAROLINA JOURNAL PAGE 9 Education Report: Charters Give Students, Taxpayers More Bang For Buck By Dan Way amount of money spent. percent in reading. Charlotte mayor, and one of the found- Associate Editor One is a cost-effectiveness study Terry Stoops, director of research ers of the Sugar Creek Charter School, RALEIGH based on student scores in the National and education studies at the John said there is “a dramatic, growing gap” new national study concludes Assessment of Educational Progress. Locke Foundation, characterized that between the two education sectors in that charter schools in North The researchers devised a value mea- as “a pretty significant spread.” North Carolina. Carolina and other states uni- surement showing how many NAEP Charter schools in all states de- Vinroot has been lobbying law- formlyA outperform traditional public points were earned for every $1,000 in- livered a greater aggregate return on makers for several years for more char- schools, and have a significantly better vested in per-pupil spending. investment than traditional public ter school funding and believes this return on investment for taxpayers. The other is a return-on-invest- schools by a weighted average of 3 latest report bolsters the case. In 2003 One finding of the report refutes ment component, which arrives at an percent for a student with one year of the funding differential between char- critics who have claimed North Caro- estimate of students’ lifetime earnings charter school education, and 19 per- ters and traditional schools was just 8 lina charters cherry-pick the best stu- potential based on gains in student cent if half of the K-12 years were spent percent. It widened to 17 percent by dents from district schools. To the con- achievement. in a charter the time of the study. trary, the report concludes that charter “We find that school. In North “This report’s analysis shows schools serve higher levels of minor- while charter schools Carolina, the re- not only that charter schools are out- ity, low-income, and special-needs in some states have turn on invest- performing school systems, but in fact students than their traditional public uneven performance, ment was 1.31 charter schools have more free and reduced-price lunch students — that school counterparts. the average charter percent higher means poor people, probably — and in this study outper- for one year, more special-education children, and ‘A descriptive look’ forms [traditional and 9.2 percent more minorities than they do in the public schools] on higher for 6.5 “Our main intention was to sim- [traditional] school system,” Vinroot ply provide a sort of descriptive look both the cost effec- years. said. at what charter school productivity tiveness and the ROI “This is was like just because no one has ever measures, overall and a significant ‘Better job for less money’ for each of the states study mainly done this at a national scale,” said Al- “So we’re doing a better job for bert Cheng, one of the authors of “The and the District of Co- because there’s lumbia,” the report said. a lot of criticisms, especially during less money with a more difficult pop- Productivity of Charter Schools,” who ulation, bottom line,” Vinroot said. “I researched the report for the School National cost-effectiveness num- the time the data were taken from, that bers show that charter school students North Carolina’s charter schools were hope it means that finally this legis- Choice Demonstration Project at the lature will begin to understand they scored 17 points higher on average in underperforming, that they weren’t University of Arkansas. need to be fairer to charter schools.” math on the weighted NAEP assess- performing as well as traditional pub- “Our report isn’t really a study of According to the study, 48.9 per- ment results than traditional public lic schools” when direct student-to- absolute achievement levels, but how cent of North Carolina charter school student performance measurements much bang do you get for your buck,” school students, or 40 percent better in students were from low-income fami- were used, Stoops said. Cheng said. “Charter schools are op- productivity. Charter school students lies eligible for free lunch programs erating more effectively and getting a scored 16 points higher in weighted “This asks a different question. compared to 47.2 percent of traditional greater return on investment” for tax- reading assessments, or 41 percent bet- It’s not just how the kids are perform- public school students. There were payers despite funding inequities that ter. ing, it’s how much money are we put- 56.8 percent of charter school students favor traditional public schools. In North Carolina, NAEP- ting in and what are we getting out, eligible for free or reduced-price lunch The study includes 21 states and weighted results for cost-effectiveness and that’s a very different question programs compared to 53.9 percent of the District of Columbia. It is based showed that charter schools outscored than just comparing student perfor- traditional school students. on numbers from the 2010-11 school traditional public schools by 14 points mance,” he said. North Carolina charter school per every $1,000 invested in both math year. There are two measures of pro- Complementary reports student demographics include 8.5 per- ductivity in the report showing charter and reading. That means charters out- cent in special-education programs schools generated better results than performed traditional public schools The University of Arkansas study compared to 7.5 percent in traditional the traditional public schools for the by 26.38 percent in math, and 27.25 complements another recent research public schools. report from the liberal Center for Sugar Creek Charter School’s American Progress ranking individual student population comprises more school districts’ return on investment, than 90 percent poor, black children, Stoops said. Vinroot said. “Almost 90 percent are at grade At the time the University of Ar- level compared to maybe 30 or 40 per- Visit our Triad regional page kansas study was done, North Caroli- cent of their peers in the [Charlotte- na spent $9,999 per-pupil at traditional http://triad.johnlocke.org Mecklenburg] school system here, and public schools and $8,277 for charter across the state, and we’re doing it with school students. A separate University 70 percent per dollar. And we’re doing The John Locke Foundation of Arkansas study released in April, has five regional Web sites span- it in an old, worn-out Kmart building, “Charter School Funding: Inequity Ex- so I know it can be done,” Vinroot said. ning the state from the mountains pands,” awarded North Carolina a D He said he is “very, very dis- to the sea. for that funding disparity. gusted” with accusations that charter “Our research can’t prove that schools filter for only the top-perform- The Triad regional page includes charter schools, if they were to get ing students. news, policy reports and re- more money, would maintain their lev- “We’ve got 500 kids waiting on search of interest to people in el of productivity. It’s not a slam-dunk the doorstep trying to get into our the Greensboro, Winston-Slem, case where the implication of this re- school that has about 1,000 students in High Point area. port is to fund charters at a greater it now, because the parents understand level,” Cheng said. we’ve done a better job,” Vinroot said. “But definitely there’s consider- Senate Education Committee It also features the blog Pied- ations of equity and efficiency in terms members Gladys Robinson, D-Guil- mont Publius, featuring com- of how we manage and steward public ford, Angela Bryant, D-Nash, and Don mentary on issues confronting dollars,” Cheng said. “These are sa- Davis, D-Greene, and House Education Triad residents. lient issues, and we hope to bring both Committee vice chairwoman Tricia Co- sets of values into discussions of public tham, D-Mecklenburg, who are fre- The John Locke Foundation | 200 W. Morgan St., Raleigh, NC 27601 | 919-828-3876 funding and public policy.” quent critics of charter schools, did not Richard Vinroot, a lawyer, former respond to requests for comment. CJ PAGE 10 AUGUST 2014 | CAROLINA JOURNAL Local Government Town and County Critics Say Raleigh’s Plastic Bag Tax a Loser Asheville airport runway Asheville Regional Airport is By Dan Way year come from China. Plastic bags are made from ethane, a Associate Editor set to begin one of the most signifi- natural gas waste product that is converted to polyethylene. cant projects in its history, reports RALEIGH Reusable bags are made from oil-based plastic polypropyl- the Asheville Citizen-Times. The air- pponents say a tax on plastic bags being explored by ene, which is not recyclable. port will relocate its runway, build the Raleigh City Council would be “extraordinarily A 2007 “life-cycle analysis” comparing the overall regressive,” could cost consumers $1.8 million an- costs of recycled plastic bags with paper bags using 30 per- a new taxiway, and open signifi- Onually, would not help the environment, and may be un- cent recycled materials found — per 1,000 units — manufac- cantly more land for development. constitutional. turing paper bags required nearly four times more energy, The airport currently has a “We’re just of the belief that $1.8 million should be produced double the greenhouse-gas emissions, resulted single 8,001-foot runway, with a spent on groceries and not telling people how to carry their in five times more materials in the municipal waste stream, taxiway including the airport’s groceries home,” said Mark Daniels. “I’m not of the opinion and used 17 times more fresh water. passenger terminal and general that we should have government dictate what is better for Then there are health concerns about food-borne ill- aviation operations. The distance a consumer.” nesses transmitted by reusable bags resulting from meat between the runway and taxiway Daniels is chairman of the American Progressive Bag juice leaks or other food particles that remain in unwashed doesn’t meet current safety stan- Alliance representing the national plastic bag industry, and bags. dards, though the airport can con- senior vice president of sustainability at Hilex Poly, the na- Researchers from the University of Arizona and Loma tinue using them as is indefinitely. tion’s largest manufacturer and closed-loop recycler of plas- Linda University in 2010 found bacteria contamination in The area west of the runway is un- tic retail carry-out bags. He said the Raleigh market com- nearly all the reusable bags they studied. Half contained developed. pares to Washington, D.C., which in coliform bacteria, and 12 percent con- The runway is due for resur- 2013 collected roughly $2 million in tained E. coli. In 2010 a girls soccer facing, but the airport instead will plastic bag taxes. team in Oregon was sickened in a no- relocate it. Work will begin soon on Andy Ellen, president and gen- rovirus outbreak linked to a reusable a temporary runway well west of eral counsel of the North Carolina bag. Retail Merchants Association, said the the existing runway. When that is ‘Garbage patch’ refuted complete, the existing runway will state constitution prohibits local gov- be closed and rebuilt. Completion ernment from regulating commerce Daniels also said myths about of that work will allow the tempo- or trade, and bars the state from regu- the environmental impact of plastic rary runway to be repurposed as lating commerce or trade on a local bags abound. As an example, Daniels a taxiway, giving the airport taxi- level. Nor is there statutory taxing au- cited Andres Cozar, a research scien- thority from the General Assembly to ways, which meet current separa- tist at the University of Cadiz, Spain, impose the fee. tion standards, on both sides of its who originated the theory that there new sole runway. Council asked to consider were 1 million tons of plastics swirl- The western taxiway would ing around the world’s oceans. Cozar open land for development for Raleigh City Councilman Bon- and a team of scientists embarked on aviation-related enterprises. The ner Gaylord raised the possibility of a nickel or dime tax on a global research mission to document the pollution. entire projected is estimated to cost plastic bags in a June 18 query to the city manager’s office. Their studies found only 7,000 tons, yet environmen- Gaylord asked whether a “rational nexus” existed to charge talists continue to cite the million-ton “garbage patch” theo- $64 million. a nickel or dime per bag to raise money for stream cleanup. ry refuted by Cozar’s own research. Updating noise maps “The council hasn’t asked us to take any action on Daniels also pointed out that the Karen Beasley Sea this,” said Dan Howe, assistant city manager. “Mr. Gaylord Turtle Rescue and Rehabilitation Center on Topsail Island, For the first time since 1998, asked for some information on where this is taking place, which since 1996 has maintained an index of sick and in- Charlotte Douglas International and how it works, and we provided that information, and jured turtles, has not documented a case of a turtle being Airport is updating its noise maps. that’s pretty much where it’s sitting right now.” injured by a plastic bag. The updated maps likely will re- In the city’s email response to Gaylord’s query, Howe The risk to sea turtles and other marine life was cited quire some homeowners to choose said the Solid Waste Services Department has discussed the to justify passing North Carolina’s only plastic bag ban, in either being bought out or hav- matter. the Outer Banks counties of Currituck, Dare, and Hyde. The ing their houses insulated against ban took effect in 2010. Merchants there are required to use noise, reports The Charlotte Observ- Waste impact minor paper bags made of recycled material and must give a nick- er. “A Raleigh grocery bag tax is an example of misguided el credit to shoppers bringing in their own reusable bags. The areas exposed to the most policy. They’re thinking about taxing a product that contrib- “We think that the bag ban on the Outer Banks has noise are under the paths aircraft utes less than one-half of 1 percent of the municipal waste been a total, utter failure,” Ellen said. use when landing or taking off. stream, and that’s according to the Environmental Protec- Impact on businesses The closer to the airport, the higher tion Agency” and a variety of other scientific studies around the noise level. the country, Daniels said. A study by the N.C. Department of Environment and To qualify for sound insula- One reason the volume of plastic bag litter is low is Natural Resources “has shown no decline in plastic bags tion, a structure must be exposed to high levels of reuse and recycling, Daniels said. More than found on the beaches or in that area, but what you have seen an average of at least 65 decibels of 1 billion pounds of plastic bags and polyethylene film have is a tremendous increase in costs to the retailers, which ul- noise, with aircraft noise between been recycled in 11 of the past 12 years, making it “the fast- timately get passed on to the consumers,” Ellen said. Those 10 p.m. and 6 a.m. being scored est growing recycling infrastructure in the U.S.” include higher costs for paper versus plastic bags. 10 decibels higher due to the time He said his company, Hilex Poly, spends tens of mil- Merchants also had to update cash register software of day. Houses, schools, churches, lions of dollars a year reprocessing the product, and studies at their own expense to account for the reusable bag rebate, nursing homes, hospitals, and show 70 percent of plastic bags are reused “for hundreds of and chain stores must adjust their bookkeeping systems to other similar uses are eligible for reasons” by nine out of 10 Americans. account for differences unique to their Outer Banks stores, According to the website A Bag’s Life, which publish- soundproofing if they’re above the Ellen said. One retailer paid more than $40,000 to adjust es a plastic bag recycling site locator, there are 85 drop-off threshold. its computer software while issuing only two reusable bag sites within 10 miles of downtown Raleigh, and 197 within Using previous noise maps, credits the first year. 25 miles. the airport has insulated about Retail Merchants Association surveys of members 1,000 houses plus six churches and Environmential and economic impacts on the Outer Banks found “less than 3 percent or 4 per- three schools. The airport also has cent of the transactions actually involved someone bring- ing in a reusable bag to a grocery store, even after all the purchased about 400 properties in Daniels said plastic bags have a smaller carbon foot- print than paper bags. About 95 percent of the 600 million publicity and hype,” Ellen said. And visitors continue to the highest-noise areas. CJ to 700 million reusable bags shipped into the country every bring plastic bags from elsewhere. CJ AUGUST 2014 | CAROLINA JOURNAL PAGE 11 Local Government Raleigh Wants to Limit Advertising COMMENTARY On Vehicles in Front of Businesses W-S Speech Ordinance

By Michael Lowrey “It’s one of the top half-dozen Grants Notable Exemption Associate Editor [tennis] venues in North Carolina, and RALEIGH the fact that it’s public on top of that is n June 26, in McCullen recent cases, this preferential treat- he city of Raleigh may place lim- very cool,” said Chris Barcklow, presi- v. Coakley, the U.S. Su- ment raises serious constitutional its on the use of signs on vehicles dent of the Asheville Tennis Associa- preme Court struck down concerns. But whether it is constitu- to advertise local businesses, a tion. Ounanimously a Massachusetts law tional or not, it is certainly bad pol- Tproposal that has drawn heated oppo- Clay courts are rare in part be- requiring pro-life activists to stay icy. One of the greatest benefits of sition from business owners. cause they are expensive to maintain. outside a 35-foot “buffer zone” free speech is the competition that is around abortion clinics. Although created through the open exchange Many small companies attract Despite charging a fee to play at As- the outcome of this landmark First of information and beliefs. Scholars attention from potential customers by ton Park, the facility loses $120,000 to Amendment ruling was call this the “marketplace parking a car or truck painted with $150,000 in operations annually. unanimous, the justices of ideas.” corporate logos and other advertising “The amount of subsidy on a per- were deeply divided in It works like any materials on a nearby street. While user basis at Aston Park is significantly their legal reasoning. other free market. Just as such vehicles occasionally are used for greater, at least in my experience, than One key dispute competition among busi- deliveries or oth- anything else we involved an exception in nesses benefits consumers, er purposes, they do” in city gov- the law: Massachusetts competition among dif- primarily serve ernment, said prohibited pro-life pro- fering viewpoints benefits as a form of mar- Cherokee Vice Mayor Marc testers, and most other the public discourse — it keting. Hunt. people, from speaking helps society separate The Ra- to Hunt notes inside the buffer zone. the strong ideas from the leigh Planning that the city pro- But the state permitted RICHARD weak ones. And as in any C o m m i s s i o n vides a subsidy abortion clinic employees DIETZ other marketplace, we would end this of about $13 each within the zone to speak should be wary of govern- practice with Currituck time a player freely. Four of the nine ment intervention in the proposed regula- steps onto the justices believed that this marketplace of ideas. tions that would court. exception doomed the law without Supreme Court Justice John require such vehicles to park behind The city is considering options any further analysis. The majority Paul Stevens aptly summed up this buildings or, if that’s not possible, they to reduce losses at the facility. They disagreed and ruled that a more concern in an opinion years ago: “must be located as close to the prima- include increasing the fees charged to detailed First Amendment analysis “The First Amendment directs us ry entrance to the building as the site use the tennis center — current fees still was necessary. to be especially skeptical of regula- allows” and at least 100 feet from the are $160 a year for city residents or Residents of Winston-Salem tions that seek to keep people in street. $200 for those living outside the city, recently became subject to a speech- the dark for what the government “If you have a vehicle with sig- with discounts for seniors — reducing restrictive law with an exception perceives to be their own good.” nage on it, and it’s parked purely to maintenance, or having a private com- like the one To be fair, attract attention, then that would be a pany run the center. in McCullen, favoring the sign, and that would be prohibited,” although the speech of cer- said commission member Rodney Wilmington derelict houses city’s excep- We should be tain salesmen tion is rooted in over others Swink to WRAL-TV. Wilmington officials are look- The proposal wouldn’t apply to business crony- critical of any laws may seem far ing to target decaying and abandoned ism, not political removed from businesses with large fleets of trucks or houses in the city more actively. While that favor one small companies that use their vehicles viewpoints. The censoring one the city once made a priority of enforc- new ordinance, side or another on a daily basis. ing minimum housing standards, a group of speakers Bob King, owner of Seaboard Ace which took in an important change in policy and budget cuts dur- effect July over another public debate. Hardware, disagreed with the pro- ing the Great Recession have resulted posed new rule. During special events, 1, requires But in a robust in a degradation of the city’s housing door-to-door democracy like his company uses a brightly painted stock, reports the Wilmington Star- salesmen in ours, there is classic car to help customers find his News. Winston-Salem to obtain a license little risk of our freedoms disap- store, which has no sign visible from The city first targeted derelict and a city-issued ID before making pearing overnight. Instead, the the street. houses in the late 1990s, forming a sales pitches to city residents. The greatest threat to our liberty is the “It is a major part of the way we team of code enforcement and police law applies to all forms of commer- slow erosion of our rights, in steps do business,” he said to the Raleigh officers, issuing notices of violations. cial sales except one — it exempts so small that we barely notice. News & Observer. “A lot of us small Violators had to attend a hearing, dur- newspaper salesmen. For this reason, we should be merchants, our vehicle is one of our ing which the city would issue an or- There are, of course, obvious critical of any laws that favor one main ways of advertising.” der requiring that a house be repaired reasons why Winston-Salem’s print group of speakers over another — Asheville tennis center within three to six months or torn newspapers, struggling to maintain no matter how remote or insignifi- down. The city averaged about six their subscriber base in the digital cant that favoritism might appear. By all accounts, Asheville’s As- teardowns a year over that period. age, would want an exemption from Because, if society becomes accus- ton Park Tennis Center offers facilities In 2005, things changed, as the this ordinance and the resulting tomed to our government playing comparable to those in many country city gave property owners two years registration fees. And there are ob- favorites among speakers, we may clubs. But the center is running up to make repairs if they worked with vious reasons why politicians in the soon find politicians and bureau- losses that are not appreciated by city the city. Selling the property would city might want to give preferential crats tilting the debate on issues far taxpayers, reports the Asheville Citi- add two years to the timetable, which treatment to the newspapers that more important than which sales- zen-Times. could leave decaying houses in disre- report on them to the public. men are allowed to knock at our Aston Park has 12 clay tennis pair for much longer if the properties But that is little comfort to doors. CJ courts, which are more comfortable to were flipped. And staffing at the hous- other salesmen — of, say, encyclo- play on than asphalt courts, and rare ing team was reduced due to budget pedias, or cable TV, or anything Richard Dietz is a partner at at public tennis facilities. The Citizen- cuts. else — who must comply with sales Kilpatrick Townsend & Stockton LLP. Times reports that only two other mu- “We have a really large back- laws from which the newspapers His practice focuses on appeals and nicipal tennis centers in the state offer log,” said chief code enforcement of- are exempt. constitutional law. He is also a 2014 In light of McCullen and other E.A. Morris Leadership Fellow. clay courts. ficer Williane Carr. CJ PAGE 12 AUGUST 2014 | CAROLINA JOURNAL Local Government Counties Using Schools as Justification For Sales Tax Hikes

By Sam A. Hieb those, only two passed — in Edge- The tax-cap measure was in a to restore classroom teachers, instruc- Contributor combe and Greene counties. House-Senate conference committee at tional supplies and materials, tutoring GREENSBORO In 2013, two counties placed sales press time. Like Wake, Guilford’s sales services, textbooks, and technology. t’s an election year, and counties tax hikes on the off-year election ballot. tax rate is 2 percent (the state rate is 4.75 In a phone interview, school once again can’t resist the urge to Harnett County voters approved the percent), so the pending law would not board chairman Alan Duncan told Car- put a quarter-cent sales tax hike on measure, while Yadkin County voters affect Guilford’s quarter-cent sales tax olina Journal he was confident not only Ithe November ballot, hoping to reap rejected it. referendum. that the sales tax hike would pass, but the rewards of millions in extra rev- The General Assembly may have Local officials believe they have that the additional funding actually enue, all with the consent of taxpayers. gummed up the a new angle to would go to the schools. Guilford, and possibly Wake works for tax- persuade voters “I’m hearing from a large number and Rockingham, would join Bladen, hike supporters this time around, of constituents who say they would be Mecklenburg, Richmond, and Bruns- in the state’s two by claiming that very supportive,” Duncan said. “I have wick counties with “local-option sales largest coun- revenues from a high level of confidence it will be di- tax referendums” on the ballot. Each ties, Wake and the sales tax hike rected toward schools, as commission- measure would hike the current tax M e c k l e n b u rg . would be dedi- ers stated that during their vote.” rate by 0.25 percent. The state Senate cated to K-12 In Rockingham, county commis- passed a bill cap- public educa- sioners were set for a vote to place the Bill would quash referendum ping local sales tion. sales tax hike on the ballot back in July, But a bill in the General Assem- tax levies at 2.5 The plan but instead voted 4-1 to table the issue bly could quash Mecklenburg’s refer- percent, which worked in Da- until mid-August. endum and put a dent in Wake’s abil- is Mecklenburg’s vidson County, News reports on the sales tax ity to join a regional transit plan. current rate. If where 56 percent hikes in local newspapers may ignore Brunswick County voters re- the House — voted in favor of the fact that state statute does not bind jected a tax hike measure on the May which passed a the tax increase counties legally to abide by their state- primary ballot, with only 40 percent different version in a low-turn- ments of intent. of the bill — goes out election — backing it, but in Davidson County a Support of ‘boondoggles’ rate increase passed by a 56-44 margin. along with the Senate’s version, and slightly fewer than 16,000 votes were The saying goes “you don’t get Gov. Pat McCrory signs the measure cast in a county with a population of “The law does not compel the what you don’t ask for,” but odds are into law, Mecklenburg would have to 163,000. county commission to use the addi- taxpayers will say no. At least that’s cancel its sales tax referendum. Davidson plans to use the esti- tional sales tax revenue for public edu- mated $2.3 million annually to finance been the pattern of sales tax referen- Triangle transit issue cation,” said Terry Stoops, director of dums since 2007, according to a tally the construction of a new high school. research and education studies at the kept by the N.C. Association of County Meantime, in Wake County, at In Rockingham, the $1.5 million annu- John Locke Foundation. “In the future, Commissioners. press time commissioners had not al revenue would help bridge a budget it can be used to support any boon- In 2008, 34 counties placed the decided whether to ask voters for a gap in debt service on new school con- doggle, corporate giveaway, or vanity quarter-cent sales tax hike on the bal- quarter-cent hike on top of the current struction. project deemed worthy by the county lot. Three passed. Guilford was one of 2 percent rate. Even if the commission In Guilford, schools Superinten- commission.” the counties that did not approve the puts the 0.25 percent raise on the No- dent Mo Green told the Board of Edu- Moreover, according to the tax hike. The Board of Commissioners vember ballot, the tax cap bill could cation, “there are certainly many, many NCACC, a “board of county commis- put it on the ballot again in 2010, with preclude Wake from joining Orange needs for our district.” sioners is not obligated to levy the tax the same result. and Durham counties in creating a re- Wish list for extra revenue even if the majority of those voting in a In 2012, eight counties — includ- gional transit system, heavily reliant referendum vote in support of a levy,” ing Guilford’s neighbor Alamance on fixed rail, because the county would At the board’s July 8 meeting, which is a possibility should a board County — placed quarter-cent sales have to impose a half-cent dedicated Green presented his wish list for the change its mind or the composition tax hikes on the November ballot. Of sales tax to join the regional system. extra revenue, which included funds of its membership after an election. CJ Help us keep our presses rolling Keep Up With the Publishing a newspaper is an ex- pensive proposition. Just ask the many daily newspapers that are having trouble General Assembly making ends meet these days. It takes a large team of editors, re- porters, photographers and copy editors Be sure to visit CarolinaJournal.com to bring you the aggressive investigative reporting you have become accustomed often for the latest on what’s going on dur- to seeing in Carolina Journal each month. ing the historic 2013 session of the Gen- Putting their work on newsprint and then delivering it to more than 100,000 eral Assembly. CJ writers are posting sev- readers each month puts a sizeable dent in the John Locke Foundation’s budget. eral news stories daily. And for real-time That’s why we’re asking you to help defray those costs with a donation. Just coverage of breaking events, be sure to send a check to: Carolina Journal Fund, John Locke Foundation, 200 W. 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Morgan St., Raleigh, NC 27601 | 919-828-3876 AUGUST 2014 | CAROLINA JOURNAL PAGE 13 Local Government Audit: Former Tarboro Manager Made Excessive Purchases By Barry Smith Among reimbursements Noble before making any purchases because Page said he thought there was Associate Editor received were $15,405 for items pur- Noble often would deplete the depart- some misunderstanding about the alle- RALEIGH chased at the Apple Store, $19,665 for ment’s funds. gations in the report and did not want tate Auditor Beth Wood said an purchases at Boater’s World, $8,316 The report also questions nearly to comment. audit pointing out hundreds of for items from Dick’s Sporting Goods, $85,000 in reimbursements for 455 trips Page provided a three-paragraph thousands of dollars in misspend- $11,071 for Best Buy, and $8,533 for that may not have been necessary and letter to Wood’s office saying the town Sing by top Tarboro officials should items purchased at Bass Pro Shops. $7,000 in questionable reimbursements accepts the auditor’s recommenda- serve as a call for governing boards Items purchased included shirts, cool- for 289 meals at restaurants in Tarboro tions. Attached to his response were across North Carolina to ratchet up ers, gun holsters, life vests, flashlights, over the period. details on how the town planned to their oversight of public funds. helmets, wetsuits, marine equipment, A former department head told respond to the investigation, which “It’s a huge message to cities and knives, and jackets. auditors that while Noble possessed included incorporating some of the councils, that their board members, He also purchased police equip- a town credit card, he preferred to use recommendations into the town’s poli- their commis- ment, including handguns, that were his personal credit card so he could ac- cies. The audit recommends that the sioners, their city not necessary for his duties. “A former cumulate rewards points. council seek legal counsel regard- council mem- police chief said there was no reason Noble retired as town manager ing repayment of the inappropriately bers are watch- the former town manager needed all Dec. 31, 2010, but continued to work spent funds and regularly review the ing their op- the police equip- for the town on town manager’s performance, includ- erations,” Wood ment and clothing,” an interim ba- ing an analysis of his expenses. It also said. “These are the report says. Audit found more sis until July 31, asks the Division of Employment Se- the things that According to 2011. curity to determine whether the clerk council mem- the audit report, than $366,000 The audit violated state law by obtaining im- bers should Noble said he liked also found that proper unemployment benefits. It also have their arms to accompany po- in purchases that a former ac- said the town should require Page to around.” Former Tarboro lice officers on as- counting clerk, repay misrepresented reimbursements On July town manager signments and ‘exceeded scope who left her job for his ex-wife’s health insurance. 22, Wood’s of- Sam Noble needed the same voluntarily, may The audit’s findings have been fice issued an supplies. However, of his duties’ have violated referred to the State Bureau of Inves- investigative audit finding numerous the town manager’s state law by ob- tigation, the Internal Revenue Service, violations and irregularities centered job description says taining more the N.C. Department of Revenue, and on former Tarboro town manager Sam his duties were to “observe depart- than $30,000 in unemployment bene- the Division of Employment Security Noble. mental activities to assess operational fits that she was not eligible to receive. for appropriate legal action. The investigative audit found efficiency,” not to participate as apo- In addition, the audit reported Wood insisted that town coun- that, over a six-year period, Noble lice officer, the report says. that the current mayor, Rick Page, who cils, boards of commissioners, and made nearly $366,000 in purchases that The report says Noble would was the former Electric Department school boards must take an active role exceeded the scope of his duties and charge purchases to other city depart- director, received almost $28,000 in re- in overseeing their professional staffs’ that he obtained more than $87,000 ments. “For example, he purchased imbursements for his ex-wife’s health performance. for universal life insurance premiums $394 of boating supplies from Boat- insurance and that the council failed to “If you’ve got no oversight over without approval from the Tarboro er’s World and charged it to the Elec- oversee town operations to ensure ac- that, then things get a bit lackadaisical, Town Council. tric Department, although interviews countability. lazy,” Wood said. The audit chides Noble for failing with Electric Department employees In an interview with Carolina Wood said the council initially to comply with the town’s purchasing revealed that the department did not Journal, Page said that further investi- conducted its own audit into question- policies. The report says that many of have a boat,” the report says. As a re- gations are under way, and he didn’t able purchases by Noble, apparently the items purchased appeared not to sult of those purchases, one former think it was appropriate to comment after he retired. She said the council relate to his job as a town administra- department head told auditors that he on the report until those measures wasn’t satisfied with the earlier au- tor. had to check his department’s account were completed. dit and reached out to her office. CJ Visit our Western regional page Visit our Triangle regional page http://western.johnlocke.org http://triangle.johnlocke.org The John Locke Foundation has five regional Web sites span- The John Locke Foundation ning the state from the mountains has five regional Web sites span- to the sea. ning the state from the mountains to the sea. The Western regional page in- cludes news, policy reports and The Triangle regional page in- research of interest to people in cludes news, policy reports and the N.C. mountains. research of interest to people in the Research Triangle area. It also features the blog The Wild West, featuring com- It also features the blog Right mentary on issues confronting Angles, featuring commentary Western N.C. residents. on issues confronting Triangle residents.

The John Locke Foundation | 200 W. Morgan St., Raleigh, NC 27601 | 919-828-3876 The John Locke Foundation | 200 W. Morgan St., Raleigh, NC 27601 | 919-828-3876 PAGE 14 AUGUST 2014 | CAROLINA JOURNAL From Page 1 McCrory Signs Legislation Repealing Common Core Standards Continued from Page 1 want them,” Horn said. “The North Carolina Chamber is education experts. Sen. Jerry Tillman, R-Randolph, encouraged that our state will main- Forty-five states have adopted “No standards will change without the said it didn’t make sense to rule out tain higher standards that will be re- the Common Core standards. North approval of the State Board of Educa- totally every Common Core standard. vised to best meet the unique needs of Carolina was one of the earlier states to tion. I especially look forward to the “If you say you can’t take a single stan- our students as they prepare for col- adopt them. The State Board of Educa- recommendations that will address dard and you take one, then you’ve lege, career, and life,” Ebert said. “This tion adopted them in June 2010. testing issues so we can measure what broken the law,” Tillman said. is a significant step toward a reason- Part of the reasoning behind matters most for our teachers, parents, Both Tillman and Horn said that able approach to make standards high- North Carolina’s original push to and students.” the new standards would have North er, and it brings greater predictability adopt Common Core standards was to improve the state’s chances to receive Rep. Craig Horn, R-Union, who Carolina fingerprints on them. and certainty for the education and a grant from the Race to the Top pro- sponsored the House version of the “They’ll be North Carolina stan- the business communities as we work gram. bill, said he went along with those Sen- together to assert North Carolina as a dards,” Tillman said. “We’re repealing Common Core standards have ate provisions because of the support leader in high academic standards and the Common Core, then it will be up to become controversial among some ed- it had received from the business com- the standards commission to pick the work force development.” ucation leaders, elected officials, and munity and the education community. best plan for North Carolina.” Horn said that the final plan in- parent groups, suggesting that some “The goal was to keep the bill as Once the commission recom- cluded principles sought by House standards aren’t rigorous enough. short as we could, to give the commis- mends the standards, they will go to members, including making it clear Others have argued that the math stan- sion the flexibility to seek out the best the State Board of Education for ap- that Common Core standards would dards aren’t age-appropriate in lower standards in the nation,” Horn said. proval. be replaced with state-specific stan- grades. Others have claimed that “We didn’t want to take anything off Earlier this year, both the NC dards, and that North Carolina’s aca- adopting Common Core standards the table.” Chamber and McCrory had voiced demic standards would not be un- would cede some of the state’s autono- That includes some Common support for Common Core. But Lew dermined. He added that the House my to the federal government. Core standards, if the commission Ebert, president of the NC Chamber, wanted to make sure that the stan- Oklahoma, South Carolina, and feels they’re the best for North Caroli- issued a statement supporting the new dards commission included parents, Indiana all have enacted laws repeal- na. “OK, if they’re good standards, we law. principals, superintendents, and other ing Common Core standards. CJ Appeals Court: Police Cannot Continue Traffic Stops Indefinitely By Michael Lowrey As the officer was returning ment’s prohibition on unreasonable ing warrants,” wrote Judge Martha Associate Editor Cockrell’s documents, he smelled a searches and seizures, saying the of- Geer for the appeals court. She said RALEIGH strange odor coming from the car. ficer had no good reason to continue Payne needed “defendant’s consent or n a significant ruling involving Payne believed the odor was a “cover detaining him once the purpose of the ‘grounds which provide a reasonable the Fourth Amendment to the U.S. scent” used to mask the smell of mari- traffic stop was completed. and articulable suspicion in order to Constitution, North Carolina’s juana. Cottrell denied that, claiming it The Court of Appeals agreed. justify further delay’ before” he could second-highestI court has limited the was body oil and showed the officer a “We hold that once Officer Payne question Cottrell further. The appeals court also rejected instances in which a police dog can be small glass bottle with some liquid in it told defendant to keep his music called in to perform a drug sniff in traf- and a roll-on dispenser. the state’s contention that Cottrell con- down, the officer had completely ad- sented to the search. fic stop cases. The officer dressed the original purpose for the The court awarded Cottrell a The N.C. The North Carolina Courts then asked Cot- stop. Defendant had turned on his new trial and excluded as evidence the Court of Appeals trell for consent headlights, he had been warned about drugs and gun Payne found. ruled that police to search his car. his music, his license and registration The case is State v. Cot- officers making a Cockrell said no. were valid, and he had no outstand- trell, (13-721). CJ traffic stop who Payne then told have completed Cottrell that he their initial in- would call for a vestigation and drug-detection found nothing dog to sniff his wrong cannot car. Cottrell said extend the stop he just wanted to without the driver’s consent unless the go home. When Payne insisted that he officers have a “reasonable and articu- was going to call for a drug dog, Cot- lable suspicion of criminal activity.” trell consented to a search of his car. Shortly before midnight on May Payne found in the glove compartment 28, 2012, officer Jordan Payne of the a handgun and a powdery substance Winston-Salem Police Department later determined to be cocaine. Payne spotted Anthony Cottrell driving a also found in Cottrell’s sock a small Dodge Intrepid with its headlights off. plastic bag containing marijuana. Payne pulled the car over and asked Cottrell was charged with pos- Cottrell for his driver’s license and session of a firearm by a felon, cocaine registration. and marijuana possession, and being Cottrell did not smell of alcohol a habitual felon. At trial, he moved to or have glassy eyes, was not sweat- suppress the results of the search. After ing or fidgeting, and did not make a Superior Court judge ruled against any contradictory statements. The of- him, Cottrell pleaded guilty to the ficer ran Cottrell’s documents and de- charges and received a prison sentence termined they were valid. Payne also of between 76 months and 104 months. checked Cottrell’s criminal history and On appeal, Cottrell renewed his learned that he had a history of “drug challenge to the search, claiming again charges and various felonies.” that it violated the Fourth Amend- AUGUST 2014 | CAROLINA JOURNAL PAGE 15 From Page 1 Board of Elections Investigating Wray Spending on Gas Mileage Continued from Page 1 Excerpt from Michael Wray’s Reported Campaign Mileage and Fuel driving for allowable activities. • From Jan. 22-25, the spread- “Publicly filed disclosures indicate ex- sheet shows five fuel purchases total- Date Purpose Miles Fuel Purchase penses in excess of $65,000 for mileage, ing $320 while reporting only 95 miles $40,000 for meals, and $5,700 for lodg- 08/02/13 Jackson-Sheriff Vincent Retirement 38.0 $90.00 of driving for allowable activities. ing paid by the campaign since 2006. Luncheon CJ compared the reports Wray We are seeking clarification regarding 08/04/13 $58.00 submitted with legislative expense re- numerous line-items within each cat- 08/08/13 Caucus event 184.4 imbursement rules, the Internal Rev- egory. Our investigation remains on- 08/12/13 $90.00 enue Service Code, and campaign fi- going.” 08/16/13 $94.80 nance guidelines. The campaign spending became 08/19/13 RR Convocation 10.0 an issue in September 2013 when a Ra- 08/19/13 Enfield Town 64.0 Expenses for legislators leigh News & Observer story showed 08/12/13 Weldon Convocations 13.8 spending from Wray’s political cam- 08/21/13 $99.75 The General Assembly sets the paign account on motor fuel appeared 08/21/13 $75.75 salary for each legislator and expense excessive. 08/22/13 $84.70 reimbursement guidelines. Current Carolina Journal Online in June rates were set Jan. 1, 1995. reported a separate financial issue re- Total 310.2 $593.00 Legislators receive an annual sal- garding unpaid taxes. That report re- Omitted* $140.00 ary of $13,951, paid monthly, and a vealed that Wray, who is the deputy Grand Total $733.00 monthly expense allowance of $559. minority leader in the state House Both amounts are taxable as income. * Spreadsheet omitted two $70 fuel purchases in Durham on 08/07/13 and 08/10/13 The top four leaders in each chamber of Representatives, owed more than that were claimed on the campaign finance report. receive larger salaries and expense al- $100,000 in past-due federal, state, and Source: Spreadsheet submitted by Michael Wray to the N.C. Board of Elections local taxes, according to public records. lowances. Even though Wray is the Wray paid his past-due taxes after he deputy minority leader in the House, learned that CJ was planning a story A CJ review of the spreadsheet In 2013: he is paid the same salary and expense on his situation. and other information from Wray’s • From Aug. 2-22, the spread- allowances as regular legislators. Legislators also receive a sub- Wray serves as his own campaign campaign finance report has found sheet shows eight fuel purchases total- sistence payment of $104 each day treasurer. Wray has refused to speak that many of Wray’s fuel purchases ing $593, but only 310 miles of driving the General Assembly is in session — with CJ about his tax issues or spend- far exceeded the number of miles he for allowable activities. His campaign $728 weekly, even though the General ing from his campaign account. claimed to have driven. finance report shows two additional On July 28, CJ sent the following $70 fuel purchases on August 7 and 10 Assembly rarely meets Fridays, Sat- Wray spreadsheet question to Wray via email: “Did you in Durham that were not reported on urdays, or Sundays. The per diem is ever use your campaign fund to pur- the spreadsheet. intended to cover food and lodging. The N&O story led the elec- chase fuel for vehicles normally driven • On July 15, a Monday, the The $728 is tax-free if the legislator tions board staff to ask Wray for more by any of your family members?” spreadsheet shows a fuel purchase of lives more than 50 miles away from documentation of his travels. On Dec. Wray was asked to call or email $55 and a round trip from his home the state Capitol building. Those living 27, the board received a spreadsheet his answer but never responded. in Gaston to Raleigh of 184.4 miles for 50 miles or less from the Capitol must from Wray listing the campaign and The fuel instead may have been the Democratic treat the per diem official activities associated with his for personal use or purchased for oth- Rural Caucus. On as taxable income, purchases using campaign funds. The er people, possibly family members. his campaign re- because those leg- spreadsheet is labeled “miscellaneous Wray has purchased four specialty li- port for the same Expense islators are not correspondence” and is posted on the cense plates for House members. Three day he reported expected to incur board’s campaign finance websiste, of the plates are displayed on cars purchasing $55 in guidelines for lodging expenses. along with Wray’s other reports. driven by his family members. fuel in Norlina — legislators were In addition, The spreadsheet covers the pe- Examples from three recent years a Warren County each member is riod from January 2011 through mid- reveal several unusual periods of gas town 20 miles last changed reimbursed for September 2013. purchases and vehicle use. from Henderson. one round trip per His campaign re- in 1995 week from his or port shows an ad- her home to Ra- ditional $95 fuel leigh at a rate of 29 purchase in Nags cents per mile. The Head the same day. federal mileage reimbursement rate • On May 15, the spreadsheet for 2014 is 56 cents. shows he made a 184.4-mile round trip Campaign finance guidelines between his home in Gaston and Ra- leigh. It also shows he made a similar North Carolina campaign finance trip the following day. His campaign laws state that candidates and office- finance report shows that he spent $67 holders must limit campaign fund ex- May 15 for lodging at a Raleigh hotel, penditures to specific purposes. Gen- even though his spreadsheet says he erally, the spending must result from traveled between Gaston and Raleigh expenses related to campaigning for both days. public office by the candidate or can- In 2012: didate’s campaign committee. In addi- • From Nov. 14-25, the spread- tion, expenses related to official duties sheet shows nine fuel purchases of of holding public office are allowed. $649, but only 216 miles of driving for Candidates also may donate their allowable activities. campaign funds to charities or other In 2011: political campaigns. • From Sept. 19-23, the spread- A random review of campaign sheet shows four fuel purchases total- reports by CJ revealed that other leg- ing $263, but reported only 148 miles islators bought fuel with campaign of driving for allowable activities. funds during legislative sessions when • From Aug. 10- 15, the spread- they also were receiving mileage re- sheet shows five fuel purchases total- imbursements as well as during times ing $331, yet reported only 166 miles of the legislature was not in session. CJ PAGE 16 AUGUST 2014 | CAROLINA JOURNAL Interview Rose: Capitalism Not Perfect, But It’s the Best System Out There

By CJ Staff RALEIGH “Societies that are capitalist, and ritics often label capitalism as unfair. They say a system have been capitalist for a long time, based on free markets and lim- find that even their poorest people itedC government control leads to wide disparities among the rich and poor. in their societies get plenty to eat, David Rose, professor of economics at the University of Missouri at St. their kids get free education, they get Louis, challenges that argument. Rose discussed the fairness of capitalism health care, and so on and so forth. I with a John Locke Foundation audi- think that’s where if you’re really wor- ence earlier this year. He also spoke with Mitch Kokai for Carolina Journal ried about the people that need to be Radio. (Head to http://www.carolina- journal.com/cjradio/ to find a station worried about, capitalism does a bet- near you or to learn about the weekly ter job taking care of those people.” CJ Radio podcast.)

Kokai: Starting with the very ba- David Rose sic question, the title of your lecture, Professor of economics “Is capitalism unfair?” University of Missouri at St . Louis

Rose: I don’t believe that it’s fundamentally unfair. Now, let’s dis- pense with some obvious things. If you have a capitalistic society, and people are engaged in business as we normal- talism is unfair, but it’s because you tion, that’s a good system. than under any other kind of system. ly think of in a capitalistic society, will have an incorrect premise. Capitalism is the best system on What that means, then, is that there be some people who are behav- the planet that we know of. I am open- people who are able to capture a lot ing in shabby ways and producing un- Kokai: If we set aside that prem- minded to new systems, but of the of those rents are very highly talented fair outcomes? Absolutely, that’s going ise, that fairness would mean equal ones we know of, capitalism is the one people. They have skills that are highly to happen. outcomes for all, why is capitalism that gives the most people the greatest sought after. Those people don’t want But that’s going to happen no something that we should look at in a chance to stay out of that zone of genu- to make that money and then bury it in matter what kind of society you’re more favorable view than those who ine material deprivation. their backyard. They want to buy stuff. talking about. It’s a mistake to say that say, “Oh, it’s unfair, so we need to get Societies that are capitalist, and They want to go places. They want to because bad things happen in a capi- rid of it”? have been capitalist for a long time, do things. Well, all of those things in- talistic type of environment, that it’s find that even their poorest people in crease the demand for labor of people who do things like run hotels or own caused by capitalism. Just as it would Rose: Well, when we worry their societies get plenty to eat, their restaurants and so on and so forth. be unfair to say that all the bad things about things like fairness, what are kids get free education, they get health And, you know, if you go back that happened in the Soviet Union, say we worried about most? Are we wor- care, and so on and so forth. I think 50 years, 100 hundred years, many of circa 1970, is all because of commu- ried that the 10th-richest person on the that’s where if you’re really worried these jobs would’ve been pretty un- nism or socialism. planet doesn’t feel bad compared to about the people that need to be wor- pleasant kind of jobs. But today, they’re That’s not fair. Some of that is just the first-richest on the planet? We’re ried about, capitalism does a better job really not. And as long as a person is because of power-hungry people tak- not worried about that. That’s not taking care of those people. paid really well to wait tables or paid ing advantage of it. So let’s just wipe what we’re worried about on fairness really well to be a cook in a nice restau- away that. Of course, some things or equality. Kokai: Is it safe to say that by rant, or paid really well to work behind about capitalism are unfair, but that’s What we’re worried about when opening the doors through capitalism a desk at a fancy hotel — these are not really confusing the ultimate paradigm we’re worried about fairness and to people making lots of money, that bad jobs. And people can have a good with what’s going on within it. equality is we’re worried about people we have greater opportunities to help life doing the kinds of things that, you Now, the real question in this, is at the bottom who have so little that those who are at the low end because know, depends upon each person’s capitalism inherently unfair? Is it the they suffer serious meaningful depri- of all that money that’s flowing to the personality, but some people are very kind of thing that’s going to produce vation — true misery. They actually do people who are making a lot of money? personal and like those sorts of things. that [unfairness]? And I think that go hungry from time to time. They ac- … I don’t want to get into what’s many people tend to think that capital- tually are cold and wet. They actually Rose: Yeah. I mean, there are best for people, but my point simply is ism is inherently unfair because they might have a broken arm and not have positive things for people at the lower that the kinds of things that the people equate fairness with equality. it set for three days. OK? Now that — rungs going on in several directions. who make a lot of money in a capital- ist system, that they want to do, they’re So if you treat equality and fair- that’s why we worry about fairness. First of all, you can’t give away money willing to pay other people to do it, and ness as being one and the same, and We don’t worry about Bill Gates being you don’t have. And a system that al- as other people — poorer people — get then you observe unequal outcomes, sore about George Soros having more lows people to make a lot of money more money, their willingness to do you’re going to say, “Oh, well, whatev- money than him. produces a surplus that they can then these things goes down, which means er produced those unequal outcomes What does that have to do with use to, literally, directly help poor peo- you have to pay them ever more. is unfair.” And there’s no question that your question? Well, any system that ple in a way that we normally think of. Which is one reason why if you capitalism does not produce equal out- dramatically reduces the number of Now, that’s important. But I don’t go to a place like the United States and comes. Some people make a whole lot people who suffer genuine, absolute think that’s anywhere near as impor- walk around in a poor neighborhood, more money than others. Some people material deprivation — [they are] tant as the less-direct approach or less- you don’t see a lot of agony. Many peo- end up with a great deal more wealth hungry, don’t get enough clean wa- direct effect, I should say, which is that ple are actually having a good time, than others. ter, can’t get a simple antibiotic when in a capitalistic society, the economy doing things they want to do. I’m not So I think that … that’s where the they’re suffering from a sinus infection is growing rapidly. People have very making light of poor people, even in problem comes in. If you equate fair- — being in a situation where keeping strong incentives to come up with new America, but my point is they are not ness with equal outcomes, then you’re them to a minimum or minimizing the and better ways to do things. So total to be confused with poor people in going to correctly conclude that capi- amount of time they’re in that situa- output per person rises more rapidly truly impoverished countries. CJ AUGUST 2014 | CAROLINA JOURNAL PAGE 17 Higher Education N.C. Officials Optimistic COMMENTARY What To Do About ‘Reverse Transfer’ With Law Schools? By Harry Painter of new degrees is projected to reach Contributor 4,400 — but that also assumes that ot so long ago, law school It’s as if the hotel industry RALEIGH USA Funds will continue to provide was a growth industry, could mandate that all hotels must ver since 2006, when Margaret financing. with new schools being have king-size beds, Jacuzzi tubs, Spellings, then the U.S. secre- To qualify for an associate degree createdN and enrollments going ever the plushest of carpeting, and tary of education, issued a report through this process, a student must higher. What a turnaround there state-of-the-art TVs, all justified by Estressing the need for higher gradua- have completed at least 25 percent of has been over the last 10 years. the twin considerations of ensuring tion rates at colleges and universities, his or her coursework at the commu- Enrollments of first-year quality and protecting the con- there has been pressure on universities nity college. Kate Henz, the UNC Gen- to award more diplomas. eral Administration’s associate vice students are back where they were sumer. The reason is not surprising: Na- president of academic policy, plan- 40 years ago. According to the Law The ABA’s power comes from tionally, only about 56 percent of stu- ning, and analysis, is optimistic about School Admissions Council, in laws in most states that prevent dents receive bachelor’s degrees in six the program. 2004, more than 100,000 students people who have not graduated years; the three-year rate for a com- Henz told the Pope Center that applied for law school, but in 2013, from an ABA-accredited law school munity college degree is 29 percent. more than 3,000 student records have just 59,000 did. from taking the bar exam. These numbers reflect both a genuine been sent for evaluations to determine Some law schools have had Those needlessly high costs problem for students and an embar- if they qualify for associate degrees, to lay off faculty and must be paid by students, rassment for universities. although she could not predict how administrators. Four who often incur heavy Reacting to the federal pressure, many would receive them. A key as- independent schools debts while taking lots of schools have taken action, from rais- pect of the program is making students recently had their bonds courses they never will ing minimum admissions standards aware that they qualify, and many stu- downgraded to “junk” put to any use. The ABA (better students are more likely to fin- dents are not aware that reverse trans- status. also mandates that law ish) to seeking out and bringing back fer is an option. The federal govern- school programs take dropouts (some drop- “We’re setting ment has helped to keep three years to complete, outs need only a few up a process for the law school enrollments which means that stu- credits to complete a long term,” she said. degree). UNC’s General Ad- from falling even more. dents must take many Reaction to ministration has even As a Wall Street Journal courses they don’t need editorial noted, the “Pay GEORGE in order to get enough these policies has hired a director of LEEF been mixed. While reverse transfer, Mi- As You Earn” program credits. the University of chelle Blackwell. that was expanded in People who can’t North Carolina mini- So far, the only 2011 “has been a slow- afford the high costs and mum admissions pol- serious problem with motion bailout for law schools.” heavy debt load are unlikely to icy has been effective reverse transfer oc- Students who graduate with heavy consider law school and a career as in keeping out poorly curred in Indiana. debts will be able to escape from an attorney. That has a far greater prepared students, it There, Indiana Uni- paying much of it back provided impact on minority students. also has resulted in versity and Ivy Tech that they go to work for govern- Further, students who survive declining enrollment at the state’s less- Community College reached a stum- ment or for a “public interest” law law school often are so burdened selective colleges. And bringing back bling block. Indiana officials were firm. with debt that they can’t afford dropouts, as UNC-Charlotte has at- concerned that Ivy Tech would receive Unfortunately, law schools low-fee clients. tempted to do, can be expensive. credit for graduating students who are not free to make many changes The change that would have One new program has received completed most of their degrees at the that would be helpful, both for the greatest effect would be to little negative publicity — although it four-year school. law students and for the clients free legal education from the self- has attracted little attention. “Reverse The project has caught the eye of they eventually will serve. That is interested clutches of the ABA. Its transfer” aims to help students who two Democratic U.S. senators: North start at a community college, move on Carolina’s Kay Hagan and Iowa’s Tom because the accreditation standards accreditation standards prevent to a four-year college, but then drop Harkin, who see it as a potential ad- imposed by the American Bar As- innovation and competition that out — having gained neither an associ- dition to the Higher Education Act, sociation require them to operate in would lower costs, reduce time ate degree nor a bachelor’s degree. which is up for reauthorization this costly and inefficient ways. commitments, and improve learn- The basic idea is that two- and year. They have sponsored Senate Arguably the most vociferous ing outcomes. four-year colleges will collaborate, Bill 2506, which would have the fed- critic of the ABA’s law school man- Those changes won’t come awarding associate degrees to former eral government provide tax-funded dates is Larry Velvel, dean of the from the ABA itself. They will oc- community college students who have grants to “identify and reach out to Massachusetts School of Law. In cur only if states repeal the laws accumulated sufficient credit to earn students” that have earned a combina- his short but impassioned book The that give the ABA its stranglehold them. tion of community college and univer- Gathering Peasants’ Revolt in Ameri- on legal education by allowing North Carolina has been part of a sity credits. can Legal Education, he showed anyone to attempt the bar exam, pilot “reverse transfer” project. In 2012, Hagan and Harkin have promot- that law schools could train future no matter where or how he has a group of private foundations put to- ed their bill by saying that 15 states lawyers at much lower cost if only studied. Only then could we get gether nearly $6.4 million to be used in have reverse transfer programs, but the ABA would let them. robust competition among existing 13 states for a two-year program called they don’t explain how a federal role Specifically, the ABA rules schools and an open field for new “Credit When It’s Due.” USA Funds would enhance the process, or how the “are focused on inputs that aggran- forms of legal education. gave North Carolina $450,000. public would benefit from it. dize faculty desires. These include I hesitate to call anything a The Lumina Foundation, one of Many higher education issues, rules limiting the hours of teach- panacea, but allowing a free market the sponsoring foundations, expects from student loans to Pell grants, face a ing, limiting overall workloads, in legal education comes close. CJ this program to result in 2,094 new as- divided Congress. And this one could, demanding large, full-time facul- sociate degree recipients in North Car- too, if the price gets too high. CJ ties, and a requirement that most olina — even with only 15 of the state’s 58 community colleges and eight of the students be taught by full-time, George Leef is director of re- 16 UNC schools participating. Eventu- Harry Painter is a reporter for the tenured professors housed in plush search at the John W. Pope Center for ally, the plan is for all institutions to John W. Pope Center for Higher Education facilities.” Higher Education Policy. participate, at which point the number Policy. PAGE 18 AUGUST 2014 | CAROLINA JOURNAL Higher Education Campus Briefs Tiny Martin Community College Has Big Problems ampbell University, a pri- vate Baptist institution By Harry Painter “Not only did we receive a clean audit, they specifi- located 45 miles south of Contributor cally said that, ‘We don’t have any suggestions to make, nor CResearch Triangle Park in Buies RALEIGH have we found any findings.’” Creek, has grown significantly in n anonymous complaint and student petition to The “State Auditor Information” document, however, recent years. In 2009, Campbell oust the president of Martin Community College alleged that “$356,782 worth of equipment was improperly moved its law school to a reno- sparked a mini-eruption at the close of June. stored. Mold developed to such a degree the equipment was vated 110,000-square-foot building AThe complaint, a 10-page email titled “The Crisis State hauled away and thrown out (for a fee of $7,000).” in downtown Raleigh to connect of Martin Community College,” made the news in Green- Earlier this month, college maintenance supervisor students to the state capital’s legal ville — the nearest major city to the college’s home of Wil- John Roberts corroborated the $350,000 number with evi- hub. It also created graduate de- liamston in Martin County — and was picked up by the dence provided to WNCT. grees in physician assistant stud- Raleigh News & Observer and national education website The document further claimed that maintenance work- ies and public health, as well as Inside Higher Ed. Scott Ralls, president of the community ers moved college equipment to Bear Grass Charter School; a school of osteopathic medicine college system, informed board members of the problem at the former chair- July’s meeting of that opened in 2013. man of the col- the State Board of “We are moving upward and lege’s board also Community Col- into a very prestigious class of in- sits on the Bear leges. stitutions of higher education,” Grass board. It also While there said Mark Hammond, Campbell’s alleged that the vice president for academic affairs are 58 commu- controller received and provost, in a recent interview nity colleges in the what amounted with the Pope Center. state, rarely has an to a raise to per- Now, in another effort to internal conflict of form the duties of move into that “prestigious class,” this extent from Campbell’s board of trustees has one of the small- a chief financial of- approved a proposal to add an un- est campuses in ficer even after the dergraduate engineering program. the system received such public notice. The allegations are school had hired a CFO. If approved by accreditors, it lengthy, specific, and anonymous, and Ralls insists they Gillam said that she does not know whether the col- would become the seventh stand- must be resolved. Martin’s president, Ann Britt, has been in lege has a CFO and denied the charge that equipment was alone engineering program (and that role since 2000, but the complaint aims to end her time sent to Bear Grass. just the second private program) in office. “That 10-page document had very little, little to do in the state. The others are at Duke The email, dated June 16, lists scores of accusations with what actually is the truth,” Gillam said. “There are University, East Carolina Universi- against Britt, the board of trustees, and various staff mem- little pieces that might have a grain of truth and nine grains ty, N.C. A&T State University, N.C. bers of the college. They range from mismanagement of of misrepresentation.” State University, UNC-Charlotte, funds and contract fraud to employee intimidation and ra- She underlined Britt’s “superior” rating on a required and Western Carolina University. cial discrimination — the NAACP since has held an open yearly evaluation by the board and added, “Our board The university says that stu- meeting with students. The email also complains of lesser stands behind Dr. Britt.” dents seeking a private school charges, such as Britt’s poor communication and the delete- She later released a written statement crediting Britt with an engineering program and rious effects of her age (she is 76). with reversing the college’s fortunes: “I can attest that about 15 years ago, our school was on the verge of being closed a Christian heritage have limited The email includes a letter from the Student Govern- by the system office. Only the fact that Dr. Britt was willing options and that Campbell can fill ment Association to the board of trustees, also anonymous, to come here and try to turn things around precluded that that demand. Officials highlight in which the writer claims that more than 80 percent of the event.” the relatively low unemployment student body signed a petition to the “Board of Directors” The auditor’s investigation may reveal just how much rate for engineers (in 2012, just 3.4 asking them not to renew Britt’s contract. WNCT News re- work is still needed to turn things around. CJ percent nationally) and say that ported that “more than 50 percent” signed. In an interview with the Pope Center, Martin Com- some engineering departments in munity College board chair Jackie Gillam said that only 60 Harry Painter is a reporter for the John W. Pope Center for North Carolina don’t have enough students (not 60 percent) from a student body of about 1,500 Higher Education Policy. seats and end up enrolling fewer signed the petition, and some of them than 20 percent of qualified appli- were “ineligible” because they were cants. continuing education students not rep- Campbell is confident that resented by SGA. it can carve out a special place in However, Gillam was unable to North Carolina’s highly competi- provide a copy of the petition, and the tive engineering marketplace. But president’s office did not respond to it is difficult to predict how higher several attempts to be reached for com- education institutions will evolve, ment. Britt told WNCT that she could and employment rates and de- not comment on the allegations until mand for high-skilled workers she had spoken with a lawyer. vary widely across professions, Ralls said in a statement that he time, and geographic regions. A has been “in conversations” with Britt recent report from Georgetown and the Martin trustees. Gillam told University revealed that the unem- WNCT, “We have already begun the ployment rate for recent engineer- process of having an investigation into ing graduates is 7.5 percent. these allegations by external authori- Campus officials and pro- ties including the Office of the State spective Campbell engineering Auditors [sic].” students will need to be prepared The auditor’s office will have its for the fickle environment they’ll work cut out for it. The “crisis” letter face. CJ included a 41-point, three-page docu- ment of “State Auditor Information.” Jesse Saffron is a writer and On the subject, Gillam emphasized in editor for the John W. Pope Center for her interview with the Pope Center Higher Education Policy. that Martin passed its regular audit with flying colors. AUGUST 2014 | CAROLINA JOURNAL PAGE 19 Higher Education Opinion UNC-Chapel Hill’s Embarrassing Academic Problem Not Going Away hree years after the revelation study of student- not the reading grade point averages fall below the that UNC-Chapel Hill’s African athletes’ reading comprehension minimum admission standard, or they and Afro-American Studies De- skills. Issues test), SAT scores, do not meet minimum SAT or ACT partmentT offered no-show classes, the For that and personal scores. Some may fail to meet all three Carolina community is still grappling study, the univer- in experience. (Will- measures. with academic-athletic scandals at the sity hired three Higher Education ingham has not Special admissions are particu- UNC system’s flagship. outside experts specified her exact larly problematic at the system’s most The current question is how to re-examine the methodology.) The athletically competitive schools, N.C. many of UNC’s recruited athletes data on at-risk ath- university, howev- State University, UNC-Chapel Hill, in revenue-producing sports read letes at the Chapel er, after identifying East Carolina University, and Appa- so poorly that Hill campus. Those the 60 most at-risk lachian State University. At Carolina, they should be in analysts stated that the initial screen- student-athletes, gave those students three athletes were admitted who did middle school, not ing test, called the SATA-Reading the SATA-Reading Comprehension not take all the high school courses usually required for admission to college. Vocabulary subtest, given to all 180 test. Based on that test, it claimed the UNC system. Between one and Late last year, athletes and used by Willingham in that a maximum of 10 students in the four athletes (exact numbers cannot teaching specialist her analysis, “should not be used sample had reading problems. be reported due to privacy regula- Mary Willingham to draw conclusions about student The university’s outside experts, tions) were admitted who did not told various media reading ability.” That is because the in an attempt to replicate Willing- meet either the minimum GPA or outlets that some RV assesses only a person’s knowl- ham’s results, concluded that she SAT requirements. At the big sports UNC athletes edge of vocabulary. The three experts could not have obtained her figures schools, athletes’ average SAT scores were reading at JENNA also noted that the SATA-RV has no using SATA-RV tests alone because, and GPAs fall in the bottom quartile of an elementary or ASHLEY grading norms below 10th grade, so they stated, a “majority of the stu- all students, which makes it extremely middle-school ROBINSON Willingham must have extrapolated dents referenced in the public claims difficult for athletes to succeed in the level. Willingham downward to arrive at estimates for scored at or above college entry level classroom. analyzed data for middle and elementary reading levels. on the SATA Reading Vocabulary Whether some athletes read 183 “at-risk” ath- Provost James Dean gave ad- subtest.” below middle-school level or simply letes admitted between 2004 and 2012. ditional details in an interview with But even fellow UNC-Chapel are less prepared than their peers, the The athletes she studied took a battery the Pope Center. He explained that of Hill reading specialist Bradley Bethel, outcome for them and for the univer- of tests to identify potential learning the approximately 180 at-risk athletes, a staunch defender of the university’s sity is the same: The students struggle disabilities. 60 were referred for further screening position and one of Willingham’s to balance sports and classes, and Of those athletes, about 85 per- based in part on the SATA-RV scores. biggest critics, admits that there is a the university has a strong incentive cent came from the revenue sports of Those 60 athletes took the SATA problem with athlete recruitment. In to keep those students eligible — by football and basketball. Willingham subtest for reading comprehension an email to Chancellor Carol Folt, he whatever means necessary. concluded from her analysis that 60 (SATA-RC). Of those, he said only stated that there have been “many Since the earliest days of college percent, or 110 athletes, had reading six showed signs of potential reading student-athletes who were specially athletics, observers have known, as scores that equated to fourth- through problems. admitted whose academic prepared- Harvard University President Charles eighth-grade levels. Worse yet, she There is a huge gulf between ness is so low they cannot succeed Eliot declared at the turn of the last said, another 8 percent to 10 percent Willingham’s figure (up to 120) and here.” century, the fact “that cheating [is] were reading below the third-grade the university’s (six). Part of the dis- Each year, student-athletes are profitable is the main evil.” CJ level. crepancy lies in methodology. admitted to North Carolina’s com- The university countered Will- Willingham, testing the entire petitive sports schools under “special Jenna Ashley Robinson is director of ingham’s research in an official state- 180-student at-risk group, used some talents waivers.” They either lack the outreach for the John W. Pope Center for ment, then followed up with its own combination of SATA-RV scores (but required course prerequisites, their Higher Education Policy. PAGE 20 AUGUST 2014 | CAROLINA JOURNAL Books & the Arts

From the Liberty Library Book review

• Adam Smith became fa- mous for The Wealth of Nations, but Murray’s Curmudgeon’s Guide Insightful and Irascible the Scottish economist also cared deeply about our moral choices • Charles Murray, The Curmudgeon’s Guide to Getting Ahead: pear, at first glance, to require as many communication and behavior — the subjects of Dos and Don’ts of Right Behavior, Tough Thinking, Clear Writ- skills. The reason is simple: Good writing leads to good his other brilliant book, The Theory ing, and Living a Good Life, Crown Business, 2014, 144 pages, thinking. We need good thinking today more than ever. of Moral Sentiments (1759). Now, $17.95. “The process of writing is your most valuable single in How Adam Smith Can Change tool for developing better ideas,” Murray writes. “The pro- Your Life, economist Russ Roberts By David N. Bass cess of writing is the dominant source of intellectual creativ- Contributor shows why Smith’s neglected work ity.” might be the greatest self-help book RALEIGH Stepping beyond advice on good writing to advice on you’ve never read. Roberts explores on’t be fooled by Charles Murray’s kindly, grandfa- good living, Murray has many suggestions on how young Smith’s unique and fascinating ap- therly appearance. He’s just as crotchety as the next people should conduct themselves in all spheres of life, proach to fundamental questions crank in his early 70s, and he’s published a new from the office to the personal realm. such as: What is the deepest source Dbook to prove it: The Curmudgeon’s Guide to Getting Ahead: He encourages youngsters to leave home (something of human satisfaction? Why do we Dos and Don’ts of Right Behavior, Tough Thinking, Clear Writ- that one-third of Millennials haven’t done yet), excise the sometimes swing between selfish- ing, and Living a Good Life. word “like” from their vocabularies, eschew tattoos and ness and altruism? What’s the con- I first encountered Murray’s writings in 2012 when re- piercings, reserve strong language for a select few circum- nection between morality and hap- viewing his excellent book Coming Apart, which explored stances that demand it, never suck up to the boss, dutiful- piness? Roberts offers an accessible the economic and social decline of whites in the United ly observe unwritten office dress codes, watch the movie and thought-provoking view of hu- States. The Curmudgeon’s Guide is quite different in scope “Groundhog Day” religiously, and reject entitlement. man behavior through the lenses of and style, though the book has a similar mission: Impart On the last of these, Murray writes, “If you’re at the ta- behavioral economics and philoso- uncomfortable truths to a (likely) unreceptive audience. ble for more than half an hour and can’t tell who the sucker phy. More at www.penguin.com. Murray, a sociologist and fellow at the Washington, is, you’re it. Similarly, if you’re a college graduate in your D.C.-based American early 20s, and you look • In the fifth edition of Basic Enterprise Institute, be- around at your peers Economics, Thomas Sowell revises gan the book on what and can’t see a problem and updates his popular book on he calls “a lark.” Using with a sense of entitle- common-sense economics, bring- an internal website plat- ment, maybe you have a ing the world into clearer focus form, he started posting problem.” through a basic understanding of advice to AEI’s interns Murray encour- fundamental economic principles and entry-level work- ages youngsters to take and how they explain our lives. ers — most of whom are religion seriously (par- Drawing on lively examples from in their 20s, members ticularly if they’ve been around the world and from centu- of the so-called “Mil- socialized not to do so) ries of history, Sowell explains ba- lennials” — on proper and to consider getting sic economic principles for the gen- dress and conduct in the married in their mid-to- eral public in plain English. Basic workplace. late 20s rather than in Economics remains true to its core That flowered into their 30s. principle: that understanding the The Curmudgeon’s Guide, On the first of fundamental facts and principles of which goes well beyond these, Murray advises economics does not require jargon, workplace etiquette and approaching the topic graphs, or equations, and that basic delves into the niceties of religion with serious- economics can be learned in a re- of proper writing, prop- ness and intellectual laxed and even enjoyable way. For er speaking, and proper rigor. “If you’re waiting more information, visit basicbooks. living. for a road-to-Damascus com. Murray’s points are countercultural. A few are coun- experience, you’re kidding yourself,” Murray writes. “Tak- terintuitive. For instance, he suggests that ambitious young- ing one of the great religions seriously, getting inside its • Dysfunctional government: sters skip the summer internship (or, as Murray calls them, rich body of thought, doesn’t happen by sitting on beaches, Most of us are resigned to the fact “affirmative action for the advantaged”) and get a regular watching sunsets, and waiting for enlightenment. It can eas- that nothing is ever going to change. job instead. ily require as much intellectual effort as a law degree.” As John Micklethwait and Adrian Summer internships are “ridiculously oversold” and On marriage, Murray is unafraid to argue that clichés Wooldridge show us, that is a seri- tend to “seduce” 20-somethings into accepting jobs that about matrimonial bliss are true. “A good marriage is the ously limited view of things. The they won’t enjoy after college simply because they have a best thing that can ever happen to you,” he writes. West’s debt load is unsustainable. connection. In contrast, finding a real job (ideally a service There is no reason to fear “startup” marriages, which The developing world has harvest- job, such as in a restaurant) teaches the average middle- he defines as those in your mid-to-late 20s, compared to ed the low-hanging fruits. From class youngster much-needed humility. “merger” marriages in your 30s. Beginning a marriage earli- Washington to Detroit, from Brasil- Murray devotes a sizable chunk of his crotchety tome er in life has many advantages, one of them being that “you ia to New Delhi, there is a dual crisis to the craft of writing. His tips on usage and style are sug- will each know that you wouldn’t have become the person of political legitimacy and political gestive of a bad-tempered version of Strunk and White’s The you are without the other.” effectiveness. The Fourth Revolution Elements of Style. With all the fervor of a veteran copy edi- Most of Murray’s suggestions are spot on; the big ques- drives home a powerful argument: tor, Murray reminds us never to write “general consensus” tion is whether Millennials have any interest in listening. The race to get government right is (redundant), never to confuse “affect” with “effect,” and, Most will argue that behaviors seen as negative by Murray not just a race of efficiency. It is a above all, never, ever to write “which” when you should are actually good — evidence of a progressive society. race to see which political values have written “that.” No doubt, styles and habits change from generation will triumph in the 21st century— As a practical matter, his two most useful tidbits of to generation, and nothing can stop that. But moral, right the liberal values of democracy and advice on writing well are to, first, find writers whom you conduct remains the same. The overarching theme of The liberty or the authoritarian values admire and imitate their style and, second, come not only to Curmudgeon’s Guide is that young people should be more of command and control. Learn do, but to love, exhaustive research. mindful of the virtues of hard work, selflessness, generos- more at www.penguin.com. CJ Murray’s insights on the art of writing are useful for ity, respect, humility, and faithfulness. One can’t go wrong young people in any career, even tech fields that don’t ap- by following that advice. CJ AUGUST 2014 | CAROLINA JOURNAL PAGE 21 Books & the Arts Tar Heels Not Sharpest of Troops During Spanish-American War ou may have driven by the Although President William regiment traveled by rail to encamp to its disbanding. Camp life prob- Camp Bryan Grimes highway McKinley asked North Carolina to in Jacksonville, Fla. Unfortunately, ably resulted in more casualties than marker on Hillsborough Street provide two regiments of infantry and the men’s train collided with another, combat would have inflicted. Twenty Yin Raleigh (near the YMCA and the an artillery battery, North Carolina resulting in the death of one soldier men died from disease, and 55 were state Republican Party headquarters). provided three infantry regiments and injuries to seven others. classified as disabled. A U.S. Army camp was located there named simply the First, Second, and Once the regiment arrived safely Republican Gov. Daniel Russell in 1898 during the Third Volunteer Infantry Regiments. in Jacksonville, it continued to experi- encouraged the formation of a black regiment, and North Carolina was one Spanish-American The First was the only one deployed ence food and supply problems. Dur- of only three states to form one. The War. to Cuba; the Second disbanded after ing the particularly rainy season of Third looked forward, as historian On the Capi- a short-lived yet infamous term of 1898, many men contracted diseases Joseph Steelman writes, to “prove tol lawn in down- service in the states; and the Third, an in a flooded and overcrowded camp. themselves worthy of the rights and town Raleigh, a African-American regiment, experi- Meanwhile, paycheck delays obligations of citizenship.” monument stands enced discrimination whether sta- continued. Even so, the commanding The Third was stationed first m e m o r i a l i z i n g tioned in eastern North Carolina or officer rejected an offer from Durham at Fort Macon in North Carolina the life a Tar Heel Knoxville, Tenn. tobacco tycoon Julian Carr to lend and then in September transferred and fallen Span- Most white war dissenters the troops their pay. The First eventu- to Camp Poland in Knoxville, Tenn., ish-American War TROY called eastern North Carolina home. ally was deployed to Cuba, only to where in a letter to the secretary of veteran: Worth KICKLER As a result, Piedmont and western perform guard duty on the outskirts war, the regiment expressed a desire Bagley. Maybe you North Carolina residents comprised of Havana. to engage the enemy rather than per- have seen the stat- the majority of the First and Second Mustered in May 1898 and form garrison duty. ue, too. Regiments; in the First Regiment, for commanded by W.H.S. Burgwyn, a In November, the troops were stationed in Macon, Ga. After Fusion Few people remember “the example, only one company came former Confederate officer, the Second politics had ended and an 1898 race splendid little war,” as many Ameri- from the eastern region. Regiment also performed unimpres- riot had erupted in Wilmington, in cans then called the conflict, during Within a week of the president’s sively. At Camp Dan Russell, located February 1899 the disappointed men which hostilities lasted a mere four call for troops, the First Regiment, un- at the N.C. State Fairgrounds, the ill- of the Third returned home. months. Of the nearly 5,500 Ameri- der the command of Col. Joseph Arm- supplied and irregularly paid troops For more information, see Joseph cans who died in the war, only about field, assembled at the ill-prepared performed poorly in regular drills, Steelman, North Carolina’s Role in the 7 percent (379) were killed in combat facilities of Camp Bryan Grimes. The and 27 men went AWOL. Spanish-American War (Raleigh, 1975). CJ — two of them Tar Heels. Accidents, men did not receive paychecks or sup- In six weeks, half of the regiment diseases, and quartermaster unpre- plies in a timely manner. was dispersed to other U.S. camps to Dr. Troy Kickler is director of the paredness took the lives of the rest Two weeks later, once properly perform guard duty. Soon, the regi- North Carolina History Project (northcar- (5,083). equipped with uniforms and guns, the ment’s poor performance contributed olinahistory.org). BOOKS BY JOHN LOCKE FOUNDATION AUTHORS

If you don’t know about Edenton, North Carolina, your knowledge of U.S. history is incomplete and your knowledge of North Carolina insufficient. Organized women’s political activity in America was born in Eden- ton. The concept of judicial review—that courts can declare legislative acts unconstitutional—was champi- oned here. Ideas for a national navy and defense were implemented here. Many passages of the N.C. Con- stitution (1776) and the U.S. Constitution originated here. Leading proponents of the U.S. Constitution (a.k.a. Federalists) lived in this small place, and so did nationally known jurists and politicians. Dr. Troy Kickler, founding director of the North Carolina History Project, brings Edenton, its people, and its actions into proper and full focus in his book, The King’s Trouble Makers. Go to northcarolinahistory.org for more information. PAGE 22 AUGUST 2014 | CAROLINA JOURNAL Books & the Arts Book review The ‘Ruling Class’ Talks Peace, But its Actions Ensure The Opposite • Angelo M. Codevilla, To Make and tors, harbingers of peace,” but “cannot a loss of peace abroad feeds domestic called “enemies of democracy” the Keep Peace Among Ourselves and with All imagine that others would find them strife and results in a loss of peace at very groups the IRS subjected to pu- Nations, Hoover Institution Press, 2014, insufferable.” home. nitive audits. Vice President Joe Biden 209 pages, $24.95. Codevilla makes the case against Communism may have been and Senate Majority Leader Harry Reid socio-economic “nation building” in surpassed as a threat, but “our cultur- even called them “terrorists.” So it’s no By Lloyd Billingsley which the enemies are supposedly ally, historically illiterate ruling class surprise, Codevilla notes, that the “FBI Contributor poverty, ignorance, and disease. This missed the fact that a whole civiliza- infiltrates the Tea Party as it once did RALEIGH default approach, as in Vietnam, “gen- tion mobilized against America.” The the Communist Party — agent of the eaders have good reason to be erates contempt and violence against 1979 seizure of the U.S. embassy in Iran Soviet Union that it was.” wary of books touting “peace,” America.” As for was an act of war that Readers of To Make and Keep Peace but they may now throw such America’s actual en- drew the response of a will verify that those now in charge use Rcaution to the wind. Indeed, To Make emies, the ruling class “minor irritation.” The every opportunity “to direct blame, and Keep Peace Among Ourselves and maintains a recogni- Islamic world quickly distrust, and even mayhem onto those with All Nations deserves the widest tion problem. “learned that it was they like the least.” In these conditions possible readership, particularly from For Franklin now safe to export its Americans “must learn to trust each those who aspire to national leader- Roosevelt, the enemy warfare to the West in other less than ever, while trusting the ship. remained force itself, general and America authorities ever more, forever.” The title derives from Abraham and he maintained that in particular.” For Angelo Codevilla, peace is Lincoln, and author Angelo Codev- stance until Dec. 29, For Barack the “precondition for enjoying the illa, professor emeritus of international 1940 — after the Stalin- Obama, staying on the good things of life,” and peace must relations at Boston University, shows Hitler Pact, the inva- good side of Islamic be statecraft’s objective. “Peace among how the cause of peace has suffered at sion of Poland, and the militants appears to ourselves and with all nations,” con- the hands of America’s ruling class. fall of France — when be job one. To Make and tends the author, “has to be won and The luminaries of that class “be- FDR specifically in- Keep Peace notes that, preserved as it ever has been here and lieved that Stalin was the sine qua non dicted “the Nazi mas- at the United Nations, elsewhere.” Codevilla hopes for new of perpetual peace through the Unit- ters of Germany.” The Obama condemned statesmen who will secure the respect ed Nations,” and that “staying on his Rooseveltians further in equal terms Ameri- of other nations and understand that good side was job No. 1.” But that did “debased America’s cause by identi- cans who insult Muslims and Muslims wars are to be “avoided or won quick- not make for actual peace. Affection fying it with Stalin’s.” They treated who burn and kill Americans. And he ly.” for the Soviet Union and communism the USSR’s partnership in starting the called for imprisonment of the man On the other hand, he laments “deformed U.S. foreign policy, caused war as a nonevent, and “by using the who made the anti-Muslim video that that “we cannot know whether Amer- World War II to end not in peace but totalitarian tactic of airbrushing to try Muslim leaders saw “as good cause for ica can ever live in peace again, what in Cold War, and occasioned conflict justifying their Soviet affections, they anti-American violence” at Benghazi. kind of peace we may win for our- among Americans, the consequences poisoned American political life.” On the home front, the ruling selves, or what peace we may end up of which are with us yet.” Those who held the “we win, class directs the organs of homeland having to endure.” For their part, ter- Codevilla dates the problem to they lose” view of the Cold War, in the security against “all citizens equally rorists and tyrants seem to be getting the era of Woodrow Wilson, the first style of Ronald Reagan, came to be re- rather than against plausible enemies.” the message that the time to act is now. president to criticize the American garded as enemies of peace. By then This fateful error, says Codevilla, “gave So what Codevilla calls the “domestic founding. The Wilsonians spawned a the ruling class “had doubled down civil strife’s deadly spiral its first dead- state of siege” is unlikely to lighten up progressivism featuring “a pacifism as on its Wilsonian sense of intellectual- ly turn.” The “former anti-anti-Com- for a while, if ever. mindless as it was frenetic and provoc- moral entitlement” and “came to re- munists were now anti-anti-Muslim,” Americans disturbed by that ative,” deployed by a “united ruling gard its domestic political opponents and as during the Cold War, the enti- prospect can find further enlighten- class intoxicated with its own virtue as perhaps the principal set of persons tled “progressives” blamed America’s ment in Codevilla’s 2010 book, The Rul- and ideology.” Members of this bipar- whose backward ways must be guard- troubles on their fellow citizens. ing Class: How They Corrupted America tisan class “see themselves as benefac- ed against and reformed.” In this view, As the author notes, Obama and What We Can Do About It. CJ Help us keep our presses rolling Publishing a newspaper is an ex- Share your CJ pensive proposition. Just ask the many daily newspapers that are having trouble making ends meet these days. It takes a large team of editors, re- Finished reading all porters, photographers and copy editors to bring you the aggressive investigative the great articles in this reporting you have become accustomed to seeing in Carolina Journal each month’s Carolina Jour- month. Putting their work on newsprint and nal? Don’t just throw it then delivering it to more than 100,000 readers each month puts a sizeable dent in the recycling bin, pass in the John Locke Foundation’s budget. That’s why we’re asking you to help it along to a friend or defray those costs with a donation. Just send a check to: Carolina Journal Fund, neighbor, and ask them John Locke Foundation, 200 W. Morgan St., Suite 200, Raleigh, NC 27601. to do the same. We thank you for your support. Thanks. John Locke Foundation | 200 W. Morgan St., Raleigh, NC 27601 | 919-828-3876 AUGUST 2014 | CAROLINA JOURNAL PAGE 23 Books & the Arts Book Review Riley: Liberal Policies Big Obstacle to Advancement of Blacks • Jason L. Riley, Please Stop Helping Us That progress, however, slowed and treat any group of students as victims schools. — How Liberals Make it Harder for Blacks then reversed after the federal govern- deserving favored treatment, blacks Worse still, black leaders (again to Succeed, Encounter Books, 2014, 184 ment’s “Great Society” programs that knew they had to excel in school — allied with white liberals) oppose pages, $23.99. were intended to speed up black prog- and did. Black students from inner-city school reforms that would allow at ress took hold. Instead of examining schools graduated with solid skills and least some students to escape dismal By George Leef those policies, liberals have resorted to found their way into good careers de- public schools for alternatives, such as Contributor making implausible excuses for their spite some lingering prejudice. private schools or charters. RALEIGH failure. The trouble with black academic Riley also hammers at liberal here is a great divide in Ameri- Riley’s big target is the idea that achievement began when white liberal nostrums such as the minimum wage. can politics between those who the best or only way for poor minority educators decided that they should With iconic politicians like the late evaluate policies based on their groups to succeed is by obtaining po- not hold black kids to the same rigor- Sen. Ted Kennedy proclaiming that the Tstated intentions and those who insist litical power and then using that pow- ous standards, both in scholarship and minimum wage “is one of the most ef- on looking at the actual results. er to get preferential treatment through decorum, that they applied to whites fective anti-poverty programs,” liber- Overwhelmingly, liberals are in the law. Looking to the government and Asians. als never confront the consequences the former group. They are fond of in- for group advancement is a delusion Riley cites the research of the of the minimum wage. But the ines- stituting laws and programs meant to that has lured blacks late sociology profes- capable truth is that when the law help people — especially the poor and (and other groups) away sor John Ogbu, who makes it artificially more expensive to minorities — but afterwards they don’t from self-reliance and found that academic hire workers, the impact is greatest on want to bother examining the conse- individual improve- underachievement was those with the least skills and experi- quences. In fact, they are prone to at- ment. It has given them rampant among black ence. They are likely either to lose their tacking the motives of anyone who a powerful “civil rights students in the wealthy jobs or never get hired in the first place. dares to suggest that their supposedly industry” that pretends Cleveland suburb of Defenders of the minimum wage helpful laws are counterproductive. to work for their inter- Shaker Heights. Those trot out a few academic studies pur- Wall Street Journal writer Jason ests, but its fixation on students, who never porting that raising it does not dis- Riley has both feet planted firmly in government has done had experienced the courage hiring or lead to job losses. the other camp. He looks at results, little other than creating least bit of poverty or Riley shows why those studies are er- not intentions, and in his book Please dependency and a sense discrimination, knew roneous, mainly because the data were Stop Helping Us, he argues that many of victimization. that they would benefit collected over too short a time period liberal policies that were adopted to In contrast, Asians, from lower expectations for the inevitable labor market adjust- help blacks have proved to be a mill- including recent im- from their teachers and ments to occur. stone around their necks. Riley, who migrants, have focused also from preferential Again, however, nearly all black is black, shows that affirmative action on individual efforts in college admission poli- leaders remain united with white lib- programs, progressive education theo- education, investment, cies. After all, why “act erals in demanding that the minimum ries, minimum wage laws and other and entrepreneurship, rather than white” and work hard when you don’t wage be ratcheted up further. Do they labor market interferences, and other politics. As a result, there is no Chi- have to? really think they’re helping? Or do laws have retarded the economic ad- nese, Japanese, Korean, Vietnamese, Educational policies meant to they simply prefer the cozy alliance vancement of black Americans. etc., underclass that’s mired hopelessly help blacks have done them great with the liberal establishment that sees He points to the inconvenient in poverty. There is, however, a huge harm, yet when the poor achievement more government as the solution to ev- truth (inconvenient for liberals, any- and growing black underclass that has of black students is discussed by black ery problem? way) that the gap between the average been deprived of ability and ambition leaders and white liberals, the talk in- Please Stop Helping Us throws earnings of white workers and black thanks to the reliance on government. variably turns toward making excus- down the gauntlet to those who pro- workers had been closing rapidly in One of the most damaging ways es. Poor results are attributed to “the claim their dedication to advancing the the years following World War II, when that liberal policies have hurt black legacy of slavery and Jim Crow,” or to welfare of blacks and other minorities. government policy remained indiffer- progress is in education. Before it be- enduring poverty, or to “culturally in- If you really care, Riley says, get the ent or even hostile to black Americans. came fashionable for educators to appropriate teaching methods” in the government out of the way. CJ

Books authored By JLF staFFers Free Choice for Workers: Selling the Dream A History of the Right to Work Movement Why Advertising is Good Business

By John Hood President of the John Locke Foundation By George C. Leef ViceDirector President of Research for Research at the at John the W. JohnPope William Center Pope for HigherCenter for Education Higher “[Selling the Dream] provides a EducationPolicy Policy fascinating look into the world of advertising and beyond ... “He writes like a buccaneer... Highly recommended.” recording episodes of bravery, Choice treachery, commitment and April 2006 vacillation.” Robert Huberty www.praeger.com (Call Jameson Books, 1-800-426-1357, to order) Capital Research Center PAGE 24 AUGUST 2014 | CAROLINA JOURNAL Opinion

COMMENTARY Hobby Lobby’s Clash of Rights

t the Bloomberg View blog, other than to respect it. Megan McArdle recently My free-speech rights do not explained why the political entail an obligation on your part LeftA and Right view the outcome of to buy me a bullhorn or a printing the recent Hobby Lobby case so very press; my right to be armed does differently. not obligate you to purchase me a She says there is a fundamen- weapon; and my right to exercise tal clash between how each side my religion freely does not obligate views the nature of rights. As she you to pay for my Bibles or build points out: me a church. Your only obliga- Consider an argument tion with respect to each of these I have now heard hundreds of “negative rights” is to refrain from times. …“Hobby Lobby’s owners using force or threats of force in an have a right to their own attempt to stop me from religious views, but they using my self and my EDITORIAL don’t have a right to im- property in exercising pose them on others.”… these rights. [T]he statement itself The exercise of posi- is laudable, yet it rings tive rights — like the right Money Talks, strange when it’s applied to health care, the right to to this particular circum- a college education, or, in stance. How is not buying the Hobby Lobby case, the And That’s OK you something equivalent right to certain forms of to “imposing” on you?… contraception — imposes s the November election draws precedent; to be tougher in criminal All of us learned some ROY a positive obligation on closer, be prepared for wails sentencing; to respect property rights version of “You have the CORDATO the part of others, i.e., to and moans from the Left and and oppose overreaching regulations; right to your beliefs, but turn over some portion good-governmentA types about the cor- and to resist the temptation to make not to impose them on of the fruits of their labor rupting influence of campaign money policies by judicial fiat rather than others” in civics class. (income) to pay for it. This in judicial elections. letting the legislative and executive It’s a classic negative right. And is because positive rights typically In recent weeks, news stories, branches of government do their duty. negative rights are easy to make imply the right to receive something commentary articles, and even an edi- Without party labels, judicial reciprocal: You have a right to free of charge, or at least subsidized, torial cartoon or two have expressed candidates needed to rely more on practice to the person who holds the right. outrage that this fall’s judicial races advertising and promotion to spread your Hence will be “tainted” by the stain of big their message. Those who could not fi- religion the right money from ideologues trying to buy nance their own campaigns had to ap- without to access the courts. Earlier elections were clean proach donors, and that’s fine — and interfer- contracep- because they were funded in part by consistent with the First Amendment’s ence, and tion is not the public. Candidates for judicial encouragement of political speech. I have a merely the posts will be forced to beg for money This hasn’t sat well with Demo- right not negative on their own, compromised by fat cats crats or the Left, who tried to offset to have right to go on the Right and the Left. The horror! the effects of privately financed your to a phar- The charges are laughable and political messages by setting up the macist and beliefs noteworthy for their ignorance. In N.C. Public Campaign Fund. This purchase birth control pills, which imposed on me. … fact, if liberals want to blame anyone decade-old program offered taxpayer no one in this case has suggested But if I have a positive right for the expanding role of money in subsidies to judicial candidates who should be denied, but the positive to have birth control purchased judicial races, they should start by agreed to campaign contribution lim- right to receive contraceptives at the for me, then suddenly our rights looking in the mirror. its and gave them more money if their expense of someone else. are directly opposed: You have a More than a decade ago, the opponents didn’t take public funding The two kinds of rights cannot right not to buy birth control, and General Assembly began removing after they reached certain spending coexist. The role of the state in en- partisan affilations from candidates on thresholds. I have a right to have it bought forcing positive rights is necessarily for me, by you. judicial ballots. The process started in Two years ago, the U.S. Supreme to use threats of violence and coer- 1998 at the Superior Court level and Court ruled a similar “trigger scheme” For McArdle, this clash repre- cion against the recalcitrant Hobby sents a fundamental problem facing over several years moved through the in Arizona unconstitutional, saying Lobbies of the world to enforce their trial and appellate courts. By 2002, all it was an unjustifiable burden on free American society, and I agree. Tra- obligation. State action invoked to judicial elections in North Carolina speech. As part of the 2013 budget ditionally the “American view” has enforce positive rights inherently became nonpartisan. debate, our General Assembly did been dominated by the concept of violates negative rights. Democrats, who led the changes, away with the Public Campaign Fund, negative rights and has seen rights, As positive rights come to said they wanted judicial races to be- bringing the state in line with the Con- so conceived, as essential to true dominate how our government and come less politicized, but in fact, party stitution but sending the Left off the liberty. many, if not most, people in society labels were stripped from candidates rails. Indeed, the Bill of Rights in think about rights, these kinds of because Republicans were gaining Liberals have called for a return the Constitution traditionally has clashes will become much more seats on the state bench. Republican of the Public Campaign Fund or some- been seen as a list of negative rights prevalent. CJ expressing a fundamental philoso- judicial candidates were perceived to thing much like it. This means they’re phy of “live and let live.” From this be more conservative than Democrats. happy to impose unconstitutional perspective, a person’s right to pur- Roy Cordato is vice president To voters, that suggested Republican restrictions on political speech. As a sue happiness imposes no particu- for research and resident scholar at the judges were more inclined than Dem- result, voters would know less about lar obligation on his or her fellows, John Locke Foundation. ocrats to issue rulings that respected judicial candidates than they should. the law, the Constitution, and legal Some bargain. CJ AUGUST 2014 | CAROLINA JOURNAL PAGE 25 Opinion

EDITORIALS COMMENTARY Film Credit Claims Plant the Seed Backers of incentives need a better script hen liberals debate tax 2011, which lowered the burden on For Fruitful Debate policy, it can be hard to keep low-income taxpayers far more than ’m told that while there is no Moreover, debates in the track of their current posi- the disappearance of the Earned firmly established gift tradition absence of valid statistics consist tions.W They keep changing. Income Tax Credit raised it, liber- for a 28th anniversary, the mod- of political partisans talking past Right now, Democratic politi- als denied the significance of the Iern practice is to signify the event each other — or yelling past each cians and left-wing activists are event. The Republican-led legislature with an orchid. other — with no practical means of castigating Republicans in the General didn’t cut the state sales tax in 2011, Well, July marked the 28th determining which side is correct or Assembly for proposing a reduction they insisted. The lawmakers simply anniversary of the birth of my syn- finding an accommodation between or elimination of North Carolina’s failed to extend a temporary sales-tax dicated column on North Carolina them. tax credit for film and television increase that had been enacted two politics and public policy. It began Consider the current debate production. Yet most of these same years earlier. during my tenure as a part-time in North Carolina about education Democratic politicians and left-wing That’s technically correct. But activists have argued that state taxes by that logic, the Republicans didn’t reporter for a Nash County news- funding, which in media reports are not a significant factor in business eliminate the Earned Income Tax paper, the Spring Hope largely has consisted of decisions. Credit, either. It also was enacted as a Enterprise. By the end of anecdotes and political Are movie moguls and TV time-limited measure and was set to the 1980s, the column was talking points passed off producers the only business leaders expire in 2013. The Republicans chose running in several other as facts. who care about their tax burdens? Are not to reauthorize it. newspapers in eastern WRAL-TV in media-production jobs the only ones Liberals can’t have it both ways. North Carolina as well Raleigh, for example, that state policymakers should strive As for the film incentive, it is as Spectator magazine, a recently told its audience to attract and retain? hypocritical and unpersuasive for Raleigh-based weekly. that North Carolina’s Here’s another consistency politicians and activists to favor a Over the ensuing years, education spending has problem with the Left’s tax claims. special tax break for one industry dozens of other daily and been on a “decades-long Last year, when Gov. Pat McCrory and while opposing general tax relief for community newspapers JOHN slide.” But that’s not what the legislature enacted pro-growth tax all industries. As it happens, careful picked it up. My column HOOD the station’s reporting reform, liberals complained that the academic studies show that while currently appears in more really showed. The share measure eliminated the state’s Earned states with lower overall tax burdens than 50 newspapers a of North Carolina’s state Income Tax Credit. Citing its absence, tend to grow faster, targeted tax cred- week with a combined print circula- budget devoted to K-12 educa- they then claimed that North Caro- its for favored industries produce no tion of nearly 700,000 North Caro- tion is lower today than it was in linians of low to moderate incomes net economic benefits. linians. 1984, to be sure, but that’s not the would actually experience a net tax A grant program for film pro- I traffic in words, not flora. same thing as saying that educa- increase from tax reform, with only duction, which seems to be the direc- And my skills at flower gardening tion spending has declined. What wealthy taxpayers coming out ahead. tion the General Assembly is headed, are truly legendary — in the sense the statistic tells you is that other But when conservatives pointed is preferable to a tax credit, but both of being exaggerated and only categories of spending — primarily out that the state’s sales tax burden are corporate handouts that should be distantly related to real events. So Medicaid — have grown faster than had dropped by nearly $1 billion in rejected. CJ I won’t commemorate the occasion education spending has. with an orchid. Instead, I’ll talk In inflation-adjusted, per- about planting a different kind of student terms, North Carolina spent seed. about twice as much on public Charter Salaries Over the years, I’ve gotten schools last year as it did in 1983- a lot of feedback from readers. 84. While real spending went down Disclosing just teacher pay is consistent with policy Ignoring the usual ad hominem slightly during the Great Recession, attacks, probably the most common it remains (at about $8,630 per pu- he Left has a difficult time that are operated by for-profit busi- criticism I receive is that I focus too pil) higher than in any year before grasping the concept that char- nesses. Several operators balked at much on statistics. “You seem to 2004. Unless you are still enrolled, ter schools are public schools. having any salary data disclosed. But care more about numbers than you or graduated from high school TheT General Assembly provided clar- the version of the bill that went to do about people,” goes the typical within the past few years, North ity late in the short session by enacting Gov. Pat McCrory came to a sensible refrain. Carolina education is more gener- Senate Bill 793. This measure defines conclusion: Salaries of the teachers I certainly value statistics. ously funded today than it was the terms of disclosure for salaries employed by the schools are consid- Would you expect anything less when you were in school. paid to charter-school employees ered public information; the compen- from a columnist, trained in preci- That’s a fact, not an opinion. It while leaving the contracts signed sation of corporate officers and other sion journalism, who runs a think leaves room for plenty of contrast- between the State Board of Education administrative personnel who are tank? But I utterly reject the pro- ing opinions. Perhaps we still don’t and charter operators subject to simi- working for the sponsoring company posed dichotomy between a con- spend nearly enough on education. lar levels of public scrutiny required rather than the school is not. cern for numbers and a concern for Or perhaps the funding added over of other government contractors. Meantime, all charter school con- people. The very reason policymak- the past three decades ought to The law states that “charter tracts, for-profit or nonprofit, are open school personnel records for those to public scrutiny and review. ers ought to use statistical analysis have been spent differently. employees directly employed by These rules are similar to those to make their decisions is that it However contentious that de- the board of directors for the charter governing other state and local will help them serve people better. bate might be, it might be construc- school” are subjected to the same government contractors. If a school Regardless of where governments tive. Here’s something I do know public disclosure requirements faced district picks an architecture firm to set their tax rates, they only have about orchids: The quality of the by teachers in district-run schools. It design a new school building, the firm so much revenue to spend. Without flowers depends on the quality of also requires disclosure of the salaries doesn’t have to disclose the salaries of statistics to establish priorities or the seeds. CJ of board members of nonprofit charter the people who work at the firm. identify cost-effectiveness, govern- school operators. The same rules apply to charter ments often make unwise, harmful John Hood is president of the John The controversy is over the schools, leaving the Left to gripe about decisions. Locke Foundation. status of employees at charter schools other things. CJ PAGE 26 AUGUST 2014 | CAROLINA JOURNAL Opinion MEDIA MANGLE Price of Access Not Always Worth It t seems like a lifetime ago, but remember the euphoria when Baghdad fell in early 2003? Well, we all might have felt euphoric, but Ea- Ison Jordan, who was then the head of CNN news gathering, was feeling a bit guilty. You see, Jordan had been lobbying Saddam Hussein for years to keep a CNN bureau in Baghdad. Nothing wrong with that, you might say, and you’d be right. What was wrong with that was the price Jordan and the CNN executives paid to keep their bureau in the Iraqi capital city: They sold their journalistic souls. On April 11, 2003, after JON we had taken Baghdad, HAM conveniently, Jordan wrote a column in The New York Times titled “The News We Kept to Ourselves.” Jordan said many stories went A Lesson For N.C. Renewal unreported for fear that Iraqis who worked with CNN, or their co-workers, might be put in jeop- y wife and I recently spent a long weekend when the community was down on its luck and ardy of retaliation by the Iraqi secret police. in New York City celebrating our wedding everything was going bad, struggling artists and Consquently, “awful things ... could not be anniversary. It’s amazing how time flies — new entrepreneurs started to give the area a second Mit’s No. 34, thank you. look as an alternative to the rising rents and costs reported because doing so would have jeopar- dized the lives of Iraqis, particularly those on New York City (or simply “The City” to native of Manhattan. Once the initial newcomers thrived, our Baghdad staff,” Jordan wrote. In short, CNN New Yorkers) conjures up many images to people. word of mouth spread, and the Brooklyn economic presented a rosier view of Saddam’s regime than We’ve visited “The City” many times. (My wife renewal took off. Brooklyn — and specifically should have been presented. was born in New York, although not in the city.) It’s “DUMBO” — is now one of the trendiest and hot- I wrote a column the next day for The crowded, busy, noisy, and confusing. People can be test neighborhoods in The City. Herald-Sun in Durham in response to Jordan’s pushy, but they also can be polite and helpful. The North Carolina certainly has communities that admission. In it I asked, “How many Iraqis were City never sleeps — as Sinatra need reviving — both in cities and in rural areas. said — you can find almost any- Are there any pointers New York City could offer? tortured, maimed, raped, beheaded and put in thing anytime. I can think of two. First, conditions can get so acid baths during the time CNN was soft-selling Two things always have bad that they are really good. I know this sounds Saddam’s regime to the world?” struck me about The City. One contradictory, so here’s what I mean. When land, A similar question occurs to me today as I is how young it is. There are 20- rent, and other costs are cheap, someone with a vi- see the news coverage coming out of Gaza in the and 30-somethings everywhere, sion can see these as an opportunity. They can see wake of the increased hostilities between Israel and they’re always on the move. the affordable costs as a way to “buy low” before and Hamas. What, I wonder, is not being report- The other is how much The City costs rise. Once the pioneers show it can be done — ed from Gaza because Western news outlets owe changes. Older buildings are meaning the neighborhood can work — others will their presence there to Palestinian combatants? being torn down and new ones be attracted and economic conditions will improve. Already there are many examples of pro- constructed. Depressed neigh- MICHAEL So a struggling community should showcase Hamas and pro-Palestinian reporting by net- borhoods get revived while oth- WALDEN how a business owner’s dollar will stretch more in works and other mainstream media outlets. And ers face new competition. their neighborhood when compared with the high- keep in mind that pro-Hamas reporting means It is this element of change where New York priced alternatives. Getting a bargain can be the anti-Israel reporting. CNN, MSNBC, and net- City perhaps can provide lessons for other areas, selling point. work reporters have been fixated on the deaths including North Carolina. In particular, the transfor- The second point addresses the roles of the of Palestinian children, all the while ignoring mation of many of The City’s challenged neighbor- private sector (business) and the public sector the incontrovertible reality that Hamas is using hoods illustrates strategies some of our urban and (government). My reading of the success stories of children as shields, and is using hospitals and even rural areas might use to spark an economic turnaround neighborhoods is that the private sector schools as storage areas for arms. revival. has to take the lead, but the public sector has an On July 28, two Western reporters work- On our recent trip, my wife and I took a walk- important supporting role. Businesses look at the ing in Gaza tweeted that a poorly aimed Hamas ing tour of Brooklyn, one of the five boroughs of long run, so they have to be convinced their balance rocket had hit one hospital and that Hamas was New York City. The western part of Brooklyn on the sheets make sense over many years before they’ll using another hospital as a headquarters. Those East River originally was lined with manufacturing invest in a community. two tweets were taken down almost immedi- buildings and firms. However, the general decline But once there’s a critical mass of businesses ately, with no explanation. After Eason Jordan’s in traditional manufacturing and the replacement of that have made the investment, government can confession, I certainly can think of one. water shipping with trucking sent the area into an encourage further private investment by making As I said in my column more than 10 years economic depression. infrastructure commitments. In Brooklyn’s case, the ago, if the price of being able to remain in a Yet today the area is thriving. In the government built parks, improved roads and side- combat zone is to hide the atrocities of the people “DUMBO” (Down Under the Manhattan Bridge walks, and designated some buildings as historic who control the area in which you are working, Overpass) neighborhood of Brooklyn, old manufac- sites to preserve the character and tradition of the then your network, your newspaper, or your ca- turing buildings have been refurbished into lofts, of- neighborhood. ble channel should think about leaving. It’s just fices, small manufacturing spaces, and retail space. Maybe the Big Apple has some lessons about not worth it. CJ The area has one of the highest concentrations of community improvement that we in the South tech firms in The City. The waterfront has been should import. CJ Jon Ham is a vice president of the John Locke turned into a beautiful park with spectacular views Foundation and publisher of Carolina Journal. of the Manhattan skyline. Michael Walden is a Reynolds Distinguished Pro- How did this happen? Local experts say that fessor at N.C. State University. AUGUST 2014 | CAROLINA JOURNAL PAGE 27 Opinion Short Session an Unpleasant Fight

his session reminded me of of daily newspapers or the airwaves are set to expire this year and next. ning this fall. More than 5,500 applica- watching my in-laws fight. It made for high drama. And then there The loudest debate in educa- tions were received for 2,400 available was loud, boisterous, impas- were protesters, hundreds of lobby- tion centered around how much to spots included in last year’s budget. Tsioned, argumentative, at times totally ists, stakeholders. special-interest pay teachers — with a commitment Charter schools continue to expand, unreasonable, accusatory, crazy, pain- groups, and citizen coalitions egging to raise the base salary closer to the with 26 new charter schools opening ful, and yet sometimes funny to watch them on, cajoling and cheering. The national average. And they were suc- this fall, the largest one-year expan- — predictable and surprising. advantage of transparency is we get to cessful. But the more significant de- sion ever. It seemed to go on forever, but see government work; the disadvan- bate actually was not about how much Energy policy should focus on in the end it wasn’t the longest ever tage is we have to watch government but how. Gov. Pat McCrory advocated science, technology, and common (slightly more than work. Democracy is not always pretty. for performance pay based on a career sense, not scare tactics and alarmism. 150 legislative Lower taxes lead to economic pathway enabling good teachers to Regulations and rules were defined days) or most har- growth. Economic growth leads to increase their salary based on student more clearly for hydraulic fracturing. rowing (just 465 job creation, less dependency on performance. Other measures re- Test drills will begin this fall, and per- bills were consid- government programs, and a circle of warded master’s degrees in advanced mitting for wells and operations could ered). The lawmak- prosperity. Tax reforms put in place subject matter studies, added pay for be issued as early as March 2015. ers seemed a little over the last three years are starting to high-demand subjects, reduced the Energy exploration and shale gas de- embarrassed and work — with lower unemployment, current step schedule based on years velopment will lead to lower energy even apologetic at greater job creation, and other signs of of service rather than quality, and costs, a significant economic driver. times. They prom- an improving North Carolina econo- added performance pay to recruit, Coal ash cleanup will result in ised it wouldn’t BECKI my. Momentum is critical to recovery retain, and reward good teachers. Re- evaluating risks, prioritizing removal happen again, but GRAY and long-term economic health. And warding quality and holding teachers sites, allowing the Utilities Commis- we all know that it that means creating jobs. accountable for student performance sion to determine who pays and how will. Decluttering the tax code means are what real education reform is much, and looking to new technology Grateful for the principles they a simpler, fairer system and additional about and will continue in 2015. and innovation for reuse as another adhere to, appreciative of their hard revenue. The Department of Public alternative for disposal. work, and thankful for the end results, A confusing, inconsistently Instruction balked and complained, In the end, good things were we close the door carefully and walk applied business privilege tax will but Common Core State Standards are done. Teachers got raises, government away cautiously from the 2014 short sunset in 2015. Despite disagreement out; a new standards commission will got smaller, the economy is starting to session. among tax experts, a new excise tax review and evaluate educational stan- improve, more people are working, It was the most transparent will apply to the vapor in e-cigarettes. dards striving for the most rigorous in and almost everyone got a tax cut. session in recent memory, with many Unclaimed savings bonds will go the country, ensuring only the best for Now if everyone can just get along. At negotiations that were previously con- into an escheats fund and be used for North Carolina students. least through the holidays. CJ ducted behind closed doors held in education. School choice is thriving. Despite very public meetings. Public exchang- Last year, 48 of 300 special tax court challenges, low-income students es between the governor and legisla- breaks, exemptions, and loopholes in will have an opportunity to attend a Becki Gray is vice president for out- tive leaders, often making the pages the tax code were eliminated. Others private school of their choice begin- reach at the John Locke Foundation. ‘Haves’ and ‘Have-Nots’ of Employment Tenure

fter years of rejecting progres- the job to be immune to the account- Work a week in any industry, and Next’s 2013 PEPG Survey showed sives’ class warfare argument ability we “have-nots” are saddled you’ll spot the co-workers who are that, nationally, teachers are split on about “the haves” and the with. That’s when legislators used the top-notch and the sandbaggers who tenure, tilting in favor of it. Fifty-eight “have-nots,”A I’m a bit embarrassed power of government to bestow on don’t pull their weight. “Career sta- percent of teachers favored tenure, ac- to acknowledge they’ve been right teachers the muscular job protection tus” protects the sandbagging “haves” cording to the survey, while 35 percent all along. Not only that, I’ve been a known as “career status.” Otherwise and penalizes effective professionals opposed it. Earlier this year, a Civi- “have-not” and didn’t realize it. known as tenure, career status ce- whose students demonstrate measur- tas Institute poll of North Carolina’s I’m one of the hundreds of thou- mented teachers as the state’s most able achievement. The very people registered voters showed a virtual tie sands of North Carolinians whose powerful special-interest group. who should be fired — ineffective over tenure: 45 percent saying yes and job performance Because of this special distinc- dabblers whose students languish 45 percent saying no. and value to my tion, the No. 1 factor for a “have” in because of the teacher’s inability to Then there are the parents. Just employer deter- staying employed isn’t performance; lead a classroom — are rewarded for 25 percent of parents favored tenure mine whether the it’s how long he or she has been on the their failure. in Education Next’s national survey, boss keeps me job. After four years, “career status” You won’t find me circling the 55 percent opposed it, and the rest or shows me the kicks in and virtually guarantees that Capitol and ranting and chanting neither favored nor opposed it. Why door. There are no “haves” keep their jobs for as long about being a “have-not.” That would would so few parents express support special protections they want them. make for great theater, but no prog- for blanket job protection? Simple. for “have-nots.” Are you a stellar teacher whose ress. I’ve chosen instead to applaud They know when their kids have a We’re evaluated students are achieving? “Career the state’s legislative reformers for “good” teacher and when their kids on the quality and DONNA status” means you keep your job. Are their courageous fight to end tenure are stuck with a “bad” teacher. And quantity of what MARTINEZ you a mediocre teacher who needs and replace it with long-term con- they don’t want them stuck with a bad we produce, and more training or content knowledge? tracts that require teachers to experi- one again. on what our cus- “Career status” means you keep your ence the same types of pressures we The consequences of continu- tomers have to say job. Are you an ineffective teacher “have-nots” face daily. ing to protect bad teachers are steep. about us. who should be fired? “Career status” Media coverage of this debate Staggering numbers of North Carolina Not so for North Carolina’s ensures that firing you is laborious would have us believe the public is children are being left behind. Add “haves.” It was only a few months and tedious. Every member of the outraged at the prospect of changing them to the pot of North Carolina’s ago that I discovered public school “haves” is the same in the eyes of how teachers are evaluated. Among “have-nots.” CJ teachers enjoy a heaping helping of the “career status” law: a permanent those who muscle their way into job protection pixie dust. Back in 1971, fixture. lawmakers’ offices with sleeping bags Donna Martinez co-hosts Caro- the General Assembly deemed public What a shame, and what an in tow, it clearly is. But that view is lina Journal Radio and blogs at “Right school teachers with four years on obvious misrepresentation of reality. far from representative. Education Angles.” PAGE 28 AUGUST 2014 | CAROLINA JOURNAL Parting Shot Tillis Targeted in Backyard Charcoal Ash Spill Attack Ad (a CJ parody)

By Buck Strickland unfortunate koi. He can’t just claim ig- Environmental Correspondent norance and get away with it.” DURHAM The NCLCV is nonpartisan but ritics of misleading political ads has a political-action committee that by interest groups say a new ad makes contributions to political candi- by the North Carolina League dates that it believes are “pro-environ- Cof Conservation Voters has gone just ment.” too far. It has run similar ads criticizing The ad claims that the silence of Tillis, who faces Democratic U. S. Sen. N.C. House Speaker Thom Tillis, the ‘Thom Kay Hagan in the November election, Republican nominee for the U. S. Sen- for not being tough enough on Duke ate, on what the NCLCV calls an “en- Energy for the company’s handling vironmental disaster beyond descrip- Tillis of coal ash generated from its power tion,” shows that Tillis supports the plants. Hagan was a featured speak- endangering of drinking water and the er at the NCLCV’s annual Green Tie pollution of ponds. Awards dinner in May. The text of the ad reads: killed my pet fish’ Tillis told CJ he was not very Gray sludge everywhere. It concerned about backyard charcoal happened here in Durham. Ash Above is a frame of the ad the N.C. League of Conservation Voters has produced ash pollution. “Charcoal ash is not a threatening our drinking water and that accuses House Speaker Thom Tillis of being unsympathetic to the death of a significant problem. I usually throw our ponds. But Thom Tillis has sided pet fish in a Durham koi pond. (CJ spoof graphic) my ashes in my garden. These ashes are pretty much dirt, anyway. They al- with citizen polluters by ignoring “evironmental disaster” mentioned in Tillis, however, said when con- ways makes next year’s tomatoes more this environmental disaster beyond the ad was the death of one koi from tacted by CJ that he’d never heard of healthy,” he said. description. Extremely high levels of a pond owned by Zooey Ingelstedt, Zooey Ingelstedt or her dead koi. “I toxic pyroligneous acid are entering a performance artist living in Trinity have no idea what the NCLCV is talk- Tillis said he thinks other forces our water supplies. Tillis’ reckless Park in Durham. ing about,” he said. “I’ve never even may be at work here. “The propane silence on this disaster has let pollut- Ingelstedt claims a neighbor, heard of this so-called disaster, so how industry has an interest in curbing the ers off the hook, leaving the people to who was in the habit of throwing the could I be expected to have a position use of charcoal in hopes of selling more pay with their health. Call Speaker charcoal ash from his Weber grill onto on it?” gas,” he said. “I think they’re the ‘dark Tillis. Tell him to hold these pollut- his garden, killed her koi when heavy Smelt huffed that the koi death money’ behind this ad effort.” ing monsters accountable and keep rains caused runoff from his garden. was the front-page story in the last edi- The North Carolina Propane and our drinking and pond waters safe. “As one of our most powerful tion of The Trinity Park News. “This was Propane Accessories Retailers Associa- Carolina Journal hadn’t heard of legislators, Speaker Tillis has failed to the largest fish kill in Trinity Park his- tion’s government affairs director, Hank the “disaster,” so it contacted NCLCV use his clout to protect public health tory. Everybody heard about it,” she Hill, told CJ his organization was not in- spokesperson Delta Smelt. When and our water from backyard charcoal said. “There was even a candlelight volved with the ads, though Hill serves pressed by CJ, Smelt admitted that the ash spills,” said Smelt. vigil on nearby Duke campus for the on NCLCV’s board of directors. CJ

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