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LANCASTER NEWSPAPERS, 1540728/1-217-1 Encode: 677490101007 PU 12/6/2016 3:04:23 PM MAG 140 NBAR .0182 BWA -0.0025 Audit obtained by The Caucus finds Education Secretary Pedro Rivera de- If we can’t get merit selection of excessive billing, cost markups and picts the fight for equitable funding judges, ditching partisan elections is failure to document expenses in and preparing the next generation of the next best thing for voters — and

flawed radio project. PAGE 4 workers. PAGE 10 the bench. PAGE 12

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10 Secretary of Education Pedro Rivera laughs during an interview with The Caucus.

DAN MARSCHKA FOR THE CAUCUS INSIDE THIS ISSUE BAD SIGNALS PARTY TIME IS OVER SEND US A NEWS TIP 4 Audit finds excessive billing, cost 12 If we can’t get merit selection of If you know of a good story, are holding a political markups and failure to document in judges, ditching partisan elections is event or fundraiser, or want to share information about flawed radio program. the next best thing for voters — and a new hire in your agency or firm, please send an email to the bench. [email protected] or mail to THE CULTURE PO Box 1328, Lancaster, PA 17608-1328 6 OF SILENCE CAPITOL DISPATCHES Sexual harassment is part of the ‘cul- Roundups of upcoming hearings, Please remember to include contact information 13 unless you wish to remain anonymous. ture of Harrisburg,’ insiders say. events and fundraisers

TAKING THE LONG VIEW THIS WEEK IN PA HISTORY ON THE COVER 10 Education Secretary Pedro Rivera 14 Excerpts of noteworthy, Illustration by on the fight for equitable funding newsworthy and just plain odd Patrick Kirchner and preparing the next generation political news

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Tuesday, December 12, 2017 T H E C A U C U S 3 ANALYSIS

State police confer in north- east Pennsylvania during a manhunt in September 2014 for accused cop killer Eric Frein. The Harris Corp.’s statewide radio system mal- functioned during the hunt for Frein, forcing state troop- ers to find a workaround.

MICHAEL J. MULLEN | SCRANTON TIMES-TRIBUNE BAD SIGNALS Audit obtained by The Caucus finds excessive billing, cost markups and failure to document expenses in flawed radio project

»»BRAD BUMSTED ing for bankruptcy, and rivalries among obligations under the contract, leading agencies. to disrepair at many tower sites. n internal Wolf administration audit found more than $1 Harris took over the project in 2009. In 2011, the commonwealth entered million in “questioned costs” among state-paid expens- It originally was awarded to M/A Com, a into a contract with Crown Castle Inter- subsidiary of AMP. It was taken over by national to locate private carrier cellular es for maintenance of Pennsylvania’s longest running Tyco Electronics, then Harris. equipment on the towers to generate and largest boondoggle, the statewide radio network. Senate Majority Leader Jake Cor- state revenue. Harris suggested private A man, R-Centre County, has called it carriers “and/or” the state police ap- The Office of Budget under Gov. Tom complicated by the litany of contractors Pennsylvania’s “Big Dig,” referencing parently embarked on a comprehensive Wolf cited the alleged shortcomings by involved over the years. Most are long Boston’s long-running highway fiasco. statewide inspection program to deter- the project’s main contractor, Harris gone. Harris Corp. challenged many find- mine the towers’ sustainability. (It is Corp., in a stinging audit that found ex- The radio system provides mobile ings, saying it appeared most of the data implied in Harris’ response this is about cessive billing, markup of materials and data and voice communication for the it provided for the audit was ignored. making more state revenue from private failure to document expenses. Pennsylvania State Police, which took Moreover, Harris stated, several findings carriers.) The audit was obtained by The over the project’s oversight in 2012. by the Office of Budget ignore the fact The state intends to charge Harris Caucus under the Right to Know Law. It It serves 22 commonwealth agencies, that 95 percent of the work was done for tower inspection and maintenance, covered a period from mid-2012 through business partners and local agencies. It correctly. The company says it conduct- Harris said. Under no legal theory can the end of September 2015. Harris has long been the target of complaints ed 14,500 maintenance inspections. that be viewed as Harris’ responsibility, strongly disputed the findings, but by law enforcement about dropped calls The Florida-based company’s work the contractor said. pledged cooperation. and blacked-out areas in mountainous is national in scope. Harris Corp. does Even if the state were to try to claw regions and cities. work for the Pentagon and NASA among DIRTY AIR FILTERS back the $1 million through negotiations State troopers said they couldn’t rely others. or a lawsuit, as critics have demanded, on handheld phones during the man- The audit found shortcomings rang- it would amount to only a fraction of hunt for convicted cop killer Eric Frein PAYING FOR TOWER ing from dirty air filters to overbilling. a percent of the project’s $800 million in 2014. MAINTENANCE For example, it cited: total cost. A state police spokesman said the — Deficient inspections of the air At issue in this audit is only about agency would not comment on the audit. The towers used for radio transmis- conditioning that keeps the radio sys- $25 million in maintenance and preven- Launched by passage of an appro- sion are a point of dispute between the tem’s electronic equipment at proper tive maintenance costs. But if the same priations bill signed by former Gov. Tom state and Harris. Most of the towers temperatures, resulting in dirty air fil- scrutiny were applied to the mainte- Ridge in 1996, the project ballooned were built in the early 2000s by Rohn ters and coils. As a result, the units work nance work and all contracts over al- to $800 million of late as a result of Industries, Harris said. Rohn Industries harder and their lifespan is shortened. most two decades, taxpayers potentially decades of dismal legislative oversight, a filed for bankruptcy in 2003. — Harris allowing a subcontractor to could have saved more. revolving door between contractors and The audit stated that Harris “failed to charge “questionable markups on mate- Any long-term recouping of costs is state officials, one of the contractors -fil comply” with preventive maintenance rials” billed to the commonwealth.

4 T H E C A U C U S Tuesday, December 12, 2017 ANALYSIS

— Harris could not account for 38 PERSPECTIVE of 360 handsets, which cost $415 each. That’s nearly $16,000 worth of equip- Legislative committees have held ment. hearings through the years to decry — The state’s purchase of 4,300 train- requests for more and more money for ing sessions even though commonwealth the radio system. The questions often employees took only 590 courses. Harris focused on the system not fully working. was paid $15,770 for training sessions the The hearings provided plenty of political Harris Corp. state never received. theater. — Harris was paid $12,612 for spare Inevitably, more money would be responds parts the state “never actually received,” provided, as requested by various gover- the audit says. nors. The biggest users were law en- HARRIS SPOKESWOMAN NATALIE CIAO The audit is riddled with errors, Har- forcement, and few lawmakers wanted provided the following statement in ris’ response stated. to risk being seen as anti-police. response to an Office of Budget audit on After the terrorist attacks in 2001, the maintenance work on the statewide radio THE AUDITOR GENERAL system was pushed beyond its original system: “As a long-standing supplier to purpose of providing a single commu- the Commonwealth of Pennsylvania, Har- During the period the Office of nication system for law enforcement to ris remains committed to working with the Budget audit was underway, Auditor including county and local emergency Commonwealth and has cooperated fully General Eugene DePasquale called off responders. with the Bureau of Audits and the audit a special report on the statewide radio The puzzling issue is how a major con- process. Harris worked very diligently project for which he had been gathering tractor like Harris Corp. could end up in and provided very detailed, objective voluminous documents from the state the state police’s dog house and be placed responses to the audit report in general police. DePasquale did so after meeting in the state’s Contractor Responsibility and specifically to each one of the audit a few weeks earlier with Harris Corp. Program during the maintenance phase. findings. Harris stands by its responses representatives in Harrisburg. The list of companies in the program, and is prepared to defend them. Harris will The audit was one reason cited later by which is typically kept secret from the continue to work with the State and seek DePasquale for not moving forward with public, is a warning to the contractor and to reach a mutually agreed upon resolu- the special report. Another was his belief state agencies that the contractor must tion of the claims in the audit report.” he wouldn’t find much. “What does it get up its game or face being barred from you beyond the ‘The state blew a lot of further state work. money on a bad contract?’” DePasquale Why did the relationship go south? told The Caucus. What could have been done on both DePasquale had also indicated he ends to prevent it? might re-evaluate his position after see- Did Harris’ people on the ground exer- ing the Office of Budget audit. cise enough control over subcontractors? “We have not seen the report,” said Why would a contractor of Harris’ Susan Woods, DePasquale’s spokes- stature let it come to this? woman, when offered the opportunity There are no clear answers. And the to comment. saga continues.

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Tuesday, December 12, 2017 T H E C A U C U S 5 COVER STORY SEE NO EVIL HEAR NO EVIL SPEAK NO EVIL

6 T H E C A U C U S Tuesday, December 12, 2017 COVER STORY

Everyone knows about the sexual harassment going on inside the Capitol. Here’s why no one is talking about it.

»»PAULA KNUDSEN + BRAD BUMSTED

n the 1970s, female lobbyists working in Pennsylvania’s hours, crude jokes and banter common material of a sexual nature. Capitol developed a signal to other women working in the in many fields including politics. Weldon, who founded Phoenix hallways that they were receiving unwanted advances from Those ingredients are considered Fundraising Partners in 2016, said her risk factors for sexual harassment by the description of the Harrisburg climate a male lawmaker or staffer. U.S. Equal Opportunity Commission. for women is not directed at any of her I They are compounded by the fact clients. The signal was asking the man for a me a story or two, but nothing beyond that the General Assembly is a year- “There’s definitely a situation pre- cigarette. that. I suspect that it has to do with the round legislature whose members have senting itself in Harrisburg where power “Almost everyone in those days lack of women in the General Assembly,” expense money at their fingertips. held by elected officials is used to the smoked,” said longtime lobbyist Morgan she said. “I think unfortunately we’re finding wrong end,” she said, suggesting it is Plant. “It was used if the person was too G. Terry Madonna, a political science that it’s a problem everywhere and we all about protecting their careers instead of friendly. It was a signal to be rescued.” professor at Franklin & Marshall College need to take this issue very, very serious- protecting women. Plant heard about the existence of in Lancaster, said he believes women ly,” said Sen. Ryan Aument, a Lancaster “It is almost like we have our hands the signal from other women lobbyists working in some state capitols, including County Republican who has served in tied,” said Weldon. “We have to maintain in the Capitol as she was learning the Harrisburg, “fear reprisals. They fear the Harrisburg since 2011. relationships to build careers for our- trade in the 1980s. inability to get jobs in the future.” “I can’t say in the time I’ve been in selves. A lot of this sexual harassment Not much has changed since then. Most of the allegations do not the General Assembly that I’ve observed against women has become the cost of Sexual harassment and the aggres- become public because of the poten- anything that I believe to be inappropri- doing business.” sive pursuit of women in the workplace tial repercussions to women, Capitol ate. I will tell you I come home at night; I While government staffers work have been “endemic in the 37 years sources say. don’t stay in Harrisburg. I’ve seen some under sexual harassment policies in I’ve been at the Capitol,” said Plant, a But in the post-Harvey Weinstein reporting of some of the things that have the House, Senate and Governor’s Of- respected lobbyist whose clients include era, when there are new allegations and occurred in state capitols around the fice, those in the private sector such as the Pennsylvania Coalition Against Do- apologies on a daily basis, that is likely to country and have happened in Har- Weldon, as well as female lobbyists and mestic Violence. change. risburg and I think some of it happens campaign aides, are pretty much on “I know for a lot of younger women it We are beyond the tipping point. outside of working hours in downtown their own. is still happening,” Plant said. Harrisburg.” “We still live in a culture where not Even as the #metoo movement RISK FACTORS The House and Senate have ethics everyone is believed,” state Victim Ad- sweeps the country, though, Pennsyl- committees to consider complaints vocate Jennifer Storm said. “Not every- vania’s political class has continued to The environment in Harrisburg for against members. one is in a safe place to disclose. We need operate in a protective bubble, of sorts; female staffers and consultants is con- Records reflecting sexual harassment to lead with the assumption that ‘Yes, it’s there have been no public accusations ducive to sexual harassment, numerous allegations or settlements of related happening.’ ” made against a sitting lawmaker, though sources told The Caucus. lawsuits were not immediately avail- the issue is simmering just under the Many lawmakers travel to Harris- able from the General Assembly, Gov. THE BACKDROP surface in Harrisburg. burg from their districts and stay over- Tom Wolf’s office or the Republican and Top legislative officials have told The night near the Capitol on session days Democratic caucuses in the House and There have been high-profile allega- Caucus in recent days they are brac- and for committee meetings. They are Senate. tions of sexual harassment in Harris- ing for complaints against members to away from their families. Some spend There are legal, technical and infor- burg in the past. surface and potentially lead to sexual the evening roaming 2nd Street and hit- mal definitions of sexual harassment. Republican Sen. John Peterson al- harassment and assault claims. ting the bars. The Senate defines workplace ha- legedly made inappropriate advances In interviews with women who work Also of note: 206 of the 253 members rassment and sexual harassment as “any on women who worked for him; accord- in the Capitol, it became clear that sex- of the General Assembly are men. repeated deliberate, unwelcome com- ing to published reports in The Patriot ual harassment is a common occurrence Pennsylvania ranks 39th in the ments, gesture, conduct or physical con- News. Peterson denied the charges, and and that such behavior is even widely nation in the number of women in the tact of any nature: to which an employee a Senate investigation found there was known among members and their staff. statehouse; there are seven women sen- is forced to acquiesce as a condition of not enough evidence to charge Peterson “For women at the state Capitol, it ators and 40 women House members, the employee’s receipt of any benefit, with sexual harassment. He was elected can be a very risky work environment according to the Center for American including but not limited to hiring, com- to Congress, where he served from 1997 with very little opportunity for recourse Women and Politics at Rutgers Univer- pensation, continuation of employment, to 2009. against unwanted advances and com- sity. Only four are among the 30 elected promotion or advancement, or that has In 1997, the state Attorney General’s ments,” said Colleen Weldon, 30, the leaders of both chambers here and none the purpose or effect of unreasonably Office filed criminal charges against a owner of a Republican fundraising firm of them are in top leadership roles. interfering with an employee’s work different Republican state senator, Dan in Harrisburg who began working in Meantime, many young women work performance or creating an intimidat- Delp of York County. Delp was charged state politics in 2009. on campaigns, are employed in consult- ing, hostile, abusive, or offensive work with patronizing a teenage prostitute, “It’s a base, archaic environment,” ing groups and are involved in party environment.” furnishing alcohol to a minor and theft said Weldon, “It’s shocking how bad it work. Some work as legislative staffers Informally, cat calls, unwanted by deception, according to the York Dai- still is.” and secretaries. advances, leering and dirty jokes might ly Record. Delp pleaded guilty in 1998 to Dana Brown, executive director of In other words, the ingredients are be considered harassment by some. the prostitution and alcohol charges and the Pennsylvania Center for Women and all there for sexual harassment — the Those are included in the state House was placed on probation. Politics at Chatham University, said she lack of workplace diversity, significant Republicans’ definition of sexual harass- More recently, Michele Kluk, an as- is surprised that women have not yet number of young adult employees, ment. The House Democrats’ definition sistant attorney general under Kathleen come forward. “gender-powered disparities,” alcohol includes overly personal comments or Kane, spoke out in 2015 about alleged “I had a young woman lobbyist tell consumption “during and around” work questions, suggestive looks, posting of Cont., page 8

Tuesday, December 12, 2017 T H E C A U C U S 7 COVER STORY

Continued from page 7 ist with Emerald Strategies Inc. since sexual harassment she said she experi- 2016, according to state records. enced in February 2014 in a Hazleton bar. ACROSS THE COUNTRY It was after hours for the team of agents and prosecutors who traveled to From California to Rhode Island, Hazleton in a drug investigation. Kluk women lawmakers and lobbyists have Who to call if you’ve experienced accused Jonathan Duecker, who at the been speaking out since the Harvey time was Kane’s acting chief of staff, of Weinstein story broke in October. Since sexual harassment or assault reaching his hand up the back of her the movie producer’s fall, similar cases blouse and later putting his hand on of sexual misconduct have ended or her thigh, according to the Pittsburgh severely damaged the careers of many »»In the case of an emergency or if you are in danger, call 911. Tribune-Review. prominent men, including those on »»To report sexual harassment or assault call the Capitol Police at (717) 787-3199. Bruce Beemer, who was attorney Capitol Hill in Washington and in state- »»To report cases to the Dauphin County District Attorney, call (717) 780-6767. general before Josh Shapiro took office houses across the country. »»The Pennsylvania Coalition Against Rape operates a hotline for victims of in January, fired Duecker. Shapiro fired A state assemblyman in California, sexual assault in need of immediate assistance. The number is (888) 772-7227. Kluk, the woman who alleged sexual for example, was accused of masturbat- »»State employees can contact the State Employee Assistance Program, a free mistreatment. ing in front of a lobbyist in the bathroom assessment and referral service for commonwealth employees and their family The attorney general’s spokesman, at a social gathering in Las Vegas. members. The service provides free, confidential services such as counseling Joe Grace, said he could not comment In California, 140 female legislators, or assistance in contacting human resources. The phone number is (800) 692- because it is a personnel matter. lobbyists and officials earlier signed 7459. Kluk, who is in private practice now, a letter, in October saying, “We said »»Senate employees should file a complaint with a supervisor, secretary of the declined to comment for this story. enough.” Senate or the chief clerk. The Senate secretary’s office is at (717) 787-5920. In 2014, a woman claimed then- “Men have groped and touched us The chief clerk is at (717) 787-7163. Greenlee Partners lobbyist A.J. Marsico without our consent, made inappropri- »»Democratic House employees should report to the House Democratic Office of assaulted her in the firm’s Philadelphia ate comments about our bodies and Human Resources at (717) 783-7801. office. Marsico pleaded no contest in our abilities,” the letter stated. It went »»Republican House employees should report to the House Republican Office of 2015 to misdemeanor counts of simple on to ask, “Why didn’t we speak up? Human Resources at (717) 787-9833. assault, reckless endangerment and Sometimes out of fear. Sometimes out »»House Office of the Chief Clerk employees should report to human resources harassment related to the woman’s com- of shame. Often these men hold our at (717) 787-2372. plaint, according to The Philadelphia professional fate in their hands.” »»The Philadelphia district office for the U.S. Equal Employment Opportunity Inquirer. In Rhode Island, Rep. Teresa Tanzi Commission can be reached at (800) 669-4000. The newspaper also reported on a stated that she had been told by a rank- »»The Pennsylvania Human Relations Commission is at (717) 787-9780. written statement Marsico released ing male lawmaker that sexual favors after his court appearance. In the would allow her bills to progress, ac- statement, Marsico called the 27-year cording to the Providence Journal. old woman a “liar.” Greenlee Partners There are stories starting to trickle suspended Marsico after the criminal out of Pennsylvania’s Capitol, too. charges were filed. He has been a lobby- In October, The Patriot News and

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8 T H E C A U C U S Tuesday, December 12, 2017 COVER STORY

PennLive, citing many female lawmak- aware when these payouts occur, or why. ers, staffers and lobbyists, reported that This is an outrageous and inappropriate sexual harassment is rampant in the use of taxpayer dollars and it must end.” Capitol. But few wanted to go on the The week before Krueger-Braneky record to discuss the story. circulated her memo, Senator Judy Philadelphia Inquirer Bureau Chief Schwank, D-Berks, announced she Angela Couloumbis, in a first-person ac- would introduce legislation banning count of covering the Capitol, recounted non-disclosure agreements in sexual several instances involving legisla- harassment or misconduct cases. “For tors: one who kissed her, another who too long, sexual predators have hidden stroked her arm, a third who told her behind legal practices,” said Schwank, that her reporting was tough because flanked by Democratic lawmakers. she wasn’t getting enough sex. “We can no longer grant predators Later, lobbyist Holly Kinzer went and enablers a place to hide,” Schwank public with details about being “sub- said. jected to a lot of sexual harassment but Wolf has also directed his staff to thankfully never any abuse because the look at a way for harassment victims to abuser would find himself in a cir- file anonymous complaints. cumstance he would not recover from professionally.” ‘CRITICAL MASS’

NO PLACE TO HIDE Lynn Yeakel remembers the “hor- rendous” treatment Anita Hill experi- Gov. Tom Wolf seems to understand enced in 1991 when Hill testified before that Pennsylvania is not immune to such the U.S. Senate Judiciary Committee, behavior. chaired by the late U.S. Sen. Arlen Spec- “There have been disturbing stories ter, about allegations of sexual harass- of threatening and abusive behavior ment against Supreme Court nominee towards female elected officials, report- Clarence Thomas. ers, lobbyists, advocates, and staffers,” Specter’s grilling of Anita Hill was he wrote in an op-ed. one of the reasons Yeakel decided to run Spokesman J.J. Abbott said Wolf’s for U.S. Senate in 1992. She drew nation- comments were based on published al attention in what was called the “Year reports on women’s difficulties working of the Woman,” winning the primary but at the Capitol and anecdotal evidence. losing to Specter. Attorney General Josh Shapiro is “Twenty-six years later women are also calling for change. coming forward in a critical mass,” said “Too many women have been denied Yeakel, now the president of Vision the dignity they deserve at work and in 2020, a national initiative of the Insti- their public lives; #metoo is a critically tute for Women’s Health and Leadership important movement to call out behav- at Drexel University. The initiative ad- ior so that society changes for everyone, vances women’s economic, political and especially for our children and for gen- social equality with a focus on the year erations to come,” said Shapiro. 2020, the 100th anniversary of women’s Wolf said he is supporting bills filed Legislative impeachment voting rights by two female lawmakers in the House Yeakel said it frustrates her when and Senate. efforts women aren’t believed more readily. Rep. Leanne Krueger-Braneky circu- While she believes women have made lated a co-sponsorship memo Thanks- significant progress in certain areas giving week for legislation that would THE LEGISLATURE WAS INVOLVED IN A SEXUAL HARASSMENT ISSUE including representation in the U.S. Sen- create the “#METOO PA General As- earlier this year, but it fizzled with the resignation of the impeachment ate, there is more work to do. sembly Act. METOO stands for Member subject. Lancaster County Sheriff Mark Reese, who had been the sub- Pennsylvania has more room for and Employee Training and Oversight. ject of a state House Judiciary Committee impeachment probe since improvement, she said. The bill would, among other things, ban May, resigned in July. In 2017, only 11 states had fewer the use of non-disclosure agreements by Rep. Bryan Cutler, R-Lancaster, in February introduced an impeach- women in their state legislatures, in- House members. ment resolution against Reese after he was accused of sexual harass- cluding Louisiana, Mississippi, Arkan- In an interview with The Caucus, ment of a female deputy sheriff. The woman sued Reese in federal sas, Tennessee and West Virginia. Krueger-Braneky said she posted a court, alleging she had been harassed since she joined the department In Pennsylvania, Yeakel said, there #metoo incident on social media about in 2015. is such a small percentage of women in a month ago. Although the episode did A month after she was hired, Reese allegedly sent her a lengthy leadership; fewer women in leadership not occur during her time as a legislator, pornographic email that featured a fictional deputy sheriff nicknamed translates to fewer reports of sexual women at the Capitol began approach- “Baby.” The email was included in the federal lawsuit. harassment, she said. “It’s a huge risk, ing her to share their stories. While she “Jess, I call her baby, just started a new job as a Deputy Sheriff. Her particularly if you’re trying to move up had heard rumors before, this was the boss, me, was attracted to her from the first time he saw her, but she the career ladder,” she said. first time she had heard first-hand -ac never knew it. Baby always dresses very nice and I have always taken Brown, of the Pennsylvania Center counts of sexual harassment, including notice. Baby also likes the way I dress too. She hasn’t been issued a for Women in Politics, agreed that low from legislative staffers. uniform yet.” numbers of women impact reporting. The feedback encouraged her to look During remarks to the editorial board of LNP, the daily newspaper in “There is a chilling effect on women for model legislation to introduce in Lancaster and sister publication of The Caucus, Republican Sens. Ryan coming forward when there aren’t the state. Her bill is largely based upon Aument and Scott Martin, who had also sought Reese’s removal from women in positions of power to believe a congressional bill drafted by U.S. Rep. office, talked about sexual harassment. Neither claimed to have seen them and know what it is like,” she said. Jackie Speier, a Democrat from Califor- anything inappropriate in Harrisburg. Krueger-Braneky said there is a nia. Martin also emphasized the need for training. “good ol’ boys” element to Pennsylva- “It felt exactly like what we needed “You make sexual harassment training part of your new hire train- nia government; she agrees that a criti- in Pennsylvania,” Krueger-Braneky ing,” Martin said. “You make it right from the very get-go that this isn’t cal mass of women is needed to change said. “The problem is this is part of the going to be tolerated at your organization … set the tone right away the culture in Harrisburg. There are culture of Harrisburg.” that this is something that is unacceptable.” “no women in the highest leadership One of the elements of her legislation Another male sheriff, Philadelphia Sheriff Jewell Williams, was -ac roles, the most influential roles,” she would prohibit any member of the Gen- cused last month of sexual harassment of female employees in the said. eral Assembly from paying settlement sheriff’s office, according to The Philadelphia Inquirer. Williams previ- Plant said she’s seen no verifiable costs with taxpayer funds. ously settled a lawsuit filed by a female legislative assistant from his improvement in the climate in her 37 Anna McCauslin, deputy state direc- time as a state representative. The Caucus requested a copy of the years. But she’s pleased by the current tor of Americans for Prosperity, said she settlement through the Right to Know Law. The House last week took a movement to hold those in power ac- agrees with a ban on state payment of 30-day extension on the request, bumping the response due date until countable. sexual harassment settlements. January. “What’s going on now is raising “The public should never have to awareness about the issue.” pay for the personal misconduct of any politician,” McCauslin said. “It is also Caucus reporter Sam Janesch contrib- egregious that the public is not even uted to this report.

Tuesday, December 12, 2017 T H E C A U C U S 9 THE INTERVIEW

Secretary of Education Pedro Rivera gestures during an TAKING interview with The Caucus. THE LONG VIEW Education Secretary Pedro Rivera on the fight for equitable funding and preparing the next generation of workers

DAN MARSCHKA FOR THE CAUCUS

»»SAM JANESCH more pure political conversations. performing charter schools that serve and are needed in these communities, hree years after becoming Pennsylvania’s top education THE CAUCUS: What is a recent politi- while at the same time understanding cal divide that you didn’t have to deal that we have charter schools that are official, Pedro Rivera still isn’t comfortable being “the guy with before you were in this role, but not serving their communities and have from the Capitol.” that has really been frustrating for you? become a burden for the local school T : One of the biggest is the district — everything from formula and RIVERA He jokes that when Gov. Tom Wolf increase in the basic education funding, charter-school conversation. As an edu- finances to good strong curriculum tapped him for secretary of education, which is absolutely needed for schools cator who spent all of my career either and opportunities to network. So the he asked the governor if he was sure across the commonwealth. They are still in Philadelphia or here in Lancaster, number of members, both Republican because he had been “one of those very really filling many of the gaps that were we really truly saw what happens when and Democrat, who are kind of falling in vocal skeptics” of state education policy. created under the last administration, you have a really good relationship and line with that understanding is growing. Now it’s Rivera’s job to convince when there was a budget deficit and partnership with a charter school. But We are probably about a year out before those skeptics around the state — and 10-percent reductions. As we looked at you also fully understood the need to we start to really engage in meaningful there are many — that Pennsylvania the 10 percent, some of our neediest dis- have some type of accountability around conversation. schools deserve more money, that they tricts had a greater percentage of their charter schools. And now going into will actually start to see reduced test- funding lost, so they are still filling that Harrisburg, where it’s almost like it’s THE CAUCUS: A year out, so by next ing, that charter school and property tax gap, even with the historic investments very zeroes and ones — it’s either you year’s election? reforms are hopefully coming soon. that we have made. So that’s a positive, like them or you hate them — I was like, RIVERA: That’s interesting. I didn’t “I spent my career trying to ensure making those investments again. “Wait. It’s not that simple. We have good really tie it to the election, per se, but I equity for all students,” Rivera said. “I The second is some opportunities to charter schools which support good can share with you, there’s comfort with totally understand that now when they discuss some real issues around educa- charter schools. We have poor perform- having the conversation behind closed look at me as ‘the guy from the Capitol,’ tion, including conversations around ing charter schools. Let’s remediate or doors. We have great conversations why they are skeptical.” charter schools, conversations around not continue to support poor charter with both the staff and the members Rivera spent seven years as super- community schools, conversations schools.” Unfortunately not everyone of the General Assembly. We have still intendent of the School District of around the ESSA, the Every Student sees the political issue in that way. not been signaled with comfort around Lancaster before rising to secretary Succeeds Act Plan. making it a public discussion and con- of education. There, 84 percent of the The negative is — and it’s probably THE CAUCUS: When do you think any versation, and that tends to be when district’s students were considered eco- the hardest thing for me to continue to substantial effort or headway might be things start moving. I would probably nomically disadvantaged and 17 percent remind myself — that it’s a highly politi- able to be made for the charter school say we’ll start having the conversations were English-language learners. cal issue. I’m an educator. I care about reform? in months, but I don’t think decisions Rivera previously served as head of the educational implications of every- RIVERA: I think there are a good will be made any time soon, or quickly, I the human resources department for thing that happens. I’m in tune because number of members of the General should say. the School District of Philadelphia and it’s part of my job, but I’m not driven by Assembly who are much more ame- executive director of high schools in the politics of it. I’m driven by how we nable to engaging in a real, substantive THE CAUCUS: This year schools were the Philadelphia district. He’s also been serve kids, and I guess always the wor- conversation around charter schools saying that the $100 million dollar a high school and elementary school risome and frustration often lies where and charter school policy reform. I increase they got for basic education principal, bilingual teacher and coordi- you want to move in a direction that is share often, and many of them share my was kind of the bare minimum. They nator for English-as-a-second-language absolutely in the best interest of kids thoughts, that this is really not a charter said they are going to need more next programs. and the best interest of communities school problem, it’s just a bad charter year and this is going to be a perpetual THE CAUCUS: What’s in this year’s that you believe is aligned to best prac- school policy issue that we are dealing problem. What do you see as the number school code and budget that the admin- tice and research. But not everybody with and understanding that the deci- being next year, and do you think that istration likes or doesn’t like? has the same context we have and not sions aren’t binary. If we are going to will be enough? RIVERA: For us, I think there are everyone shares the same beliefs that move forward in a thoughtful manner, RIVERA: It’s difficult to say $100 mil- some really good opportunities within we do. The difficult part this time of the we need to create and establish poli- lion is the minimum, because even to me the budget and school code. Of course, year is getting engaged in some of the cies that are supportive of good, high- as a taxpayer and as a parent, I’m saying

10 T H E C A U C U S Tuesday, December 12, 2017 THE INTERVIEW that $100 million is a lot of money, and THE CAUCUS: And there obviously to schools by reducing two sections. … we contribute into that $100 million. We have been some steps to get that gap We wanted to reduce the test, but not are taking some factors into account. smaller in recent years with the new compromise the integrity and validity of There are legacy costs that are associ- funding formula and some of the things the test. So we were able to reduce those ated with school districts, and of course, that you had mentioned already. Are We, more so, want two sections without compromising the pensions that we all hear about, in- there ways to quicken it though, because that reliability. But we’re also work- creased benefit costs, increased utilities now it is going to take a while as you put to make sure your ing on doing a couple of others things and the like ... technology and upkeep. more money in? that I think will be impactful. One is So when you look at that $100 million, RIVERA: This administration pro- kids are reading on we want to make sure we give the test it’s not saying that it’s not enough to sup- posed that basic funding formula to late enough in the school year so that port students and teaching and learn- the governor, who signed it, and I was grade level, per- kids are engaged in more instructional ing. It’s really much like when you do like, “Wow, this was like a civics lesson. “forming math on time before the test. Right now — and I personal financing. You have a percent- This is how government is supposed don’t agree, I don’t approve, but it’s what age going to maintaining, and a percent- to run.” I felt really good and I walked happens — teachers take a look at what age you can use to increase services and away. Fortunately or unfortunately, I grade level, and is taught on the test and then they back opportunities. Unfortunately, because thought being a working government map from the test and make sure that of rising costs, that percentage that you would always be like that and it wasn’t. have access to col- they teach all the content that is on the used to maintain continues to grow and But I would share that that was abso- test. ... We need to change that. … We are the percentage that you have to create lutely a step in the right direction. … lege and career also working on getting the test back to new programs — let’s say around STEM The challenge is it’s only new money. So them early enough in the school year so or career and technical education — you there is still the larger pot of funds still ready programs. they can actually use it to drive instruc- have less and less of that to work with. remaining distributed in a way that was PEDRO RIVERA, tion. We give them their scores now, and not formula-driven, and lots of factors SECRETARY OF EDUCATION school has already started. THE CAUCUS: The other side of the went into account. And because of that, … By changing the systems of mea- conversation often goes to how we the opportunity to fill the void or fill the surement, we are encouraging schools spend among the highest, on average, hole that has been created historically is and principals and teachers and super- per student in the country and the going to take much longer. The opportu- and kids by engaging them and speaking intendents to really get back to focusing achievement levels are pretty good on nities are limited. So under the current to them, visiting them and seeing their on the data that really matters to teach- average. How do you see the dynam- structure, the only way to fill that gap is reality firsthand as often as I can. ing learning, and not standardized tests. ics of that conversation going in terms to make bigger investments. Or retake That’s going to take time, because there of negotiating these numbers that you a look at how we overall invest and the THE CAUCUS: With the ESSA plan, are folks that are skeptical. “Yeah, all need: $100 million this year, X amount funding pot, per se, or the basic educa- that seems to be another one of those right. Are you really going to do this? Is next year? tion funding for lack of a better terms, things where there is going to be a delay this really what’s going to happen?” So, RIVERA: That’s a great stat. On average, pot or fund, and when you think about before you see a significant impact. Now you know, as I visit communities, I say, across the country, the commonwealth it, it really isn’t an issue of the formula. that it’s going to be fully implemented in “Yes, we are lessening the reliance on of Pennsylvania is among the top quar- The formula is probably one of the most the next year, where do you see the real standardized tests. Important, but not tile average per-pupil spending in the transparent and predictable formulas tangible results coming in the next few the end-all, be-all of instructional suc- country, and we are among the top quar- in the country. It’s a great piece of work, years? cess.” We, more so, want to make sure tile on average performance percentages but as with any formula, the output is RIVERA: You are right in terms of not your kids are reading on grade level, in the country. As you start to dig down, only as good as the input. seeing an immediate impact always be- performing math on grade level, and it really tells a different story. ing one of the challenges. That is one of have access to college and career ready So whereas we’re at the top at per- THE CAUCUS: Property tax reform. the challenges I share with you — being programs. So we will have to say it like a pupil spending, we are at the bottom in Has that been something that you are practical and pragmatic versus politi- thousand times before individuals really terms of equity, and really at the bot- looking at very closely? cal and the need to see something now. start to believe there is a shift. tom four or five in terms of the equity RIVERA: Absolutely. ... We are extreme- … You want to create lasting policy that between poor communities and school ly supportive of responsible reform. will have a positive impact on kids for THE CAUCUS: It sounds like you un- districts in affluent communities and And we provided the numbers and we’ve generations to come. That is how we see derstand why people would be skeptical, school districts. So, for example, the most been able to show what different models ESSA. based on the history of the educational affluent community — which is less than may look like. The only caution I always ... One example is moving away from policy changes. Is that basically why 50 miles from here — invests a little over provide is not to move towards a more our current systems of accountability they are skeptical? $25,000 per student. One of our poor- regressive form of taxation that is going to what we are calling Future Ready PA, RIVERA: Oh, absolutely. I mean, I joke. est school districts, which is less than 25 to, again, hurt your neediest communi- where we want to focus on reading level When the governor offered me the job, miles from here, invests just over $10,000 ties. That is something that the governor in third grade, math level in seventh I was one of those very vocal skeptics, per student in the school district. is definitely in tune with. A good number grade, chronic absenteeism, English which is why I asked him if he was sure That’s the story we continue to tell to of the members of the General Assem- acquisition for English learners, and he wanted me to be the secretary of help folks understand. That is because bly are in tune … but when you come to meeting the needs of our special-needs education. And so I lived it. I mean, I live as a state, we are among the lowest in the table with elected members of the students. We are still looking at test the sands of shifting policy. I lived and terms of what we contribute and what General Assembly, they have a really scores, but lessening the reliance. … And served in a community that was doing we fund in public education. So as a small constituency base and they’re only then the third set of factors we want out amazing things for kids and never being result, we keep going back to the local focused on that small constituency. So look at is college and career preparation. recognized. I served students who had taxpayer to fund our schools and to fund sometimes it’s harder to make a case, So access to international baccalaureate every opportunity and means at their those services. And then what ends up especially around education that has a programs, advanced placement pro- disposal, and those who had none, and I happening is you have affluent commu- positive impact on all, when they are re- grams, dual enrollment with the colleges’ spent my career trying to ensure equity nities with high property value contrib- ally looking through a narrow lens. and universities’ CTE programs. Because for all students. And now, as the secre- uting more, and having to provide less of we also know that we have a stat that we tary, I have the opportunity to do that, a percentage than those in poorer school THE CAUCUS: Do you think there is a keep reminding ourselves of that within and I totally understand that now when districts, which contribute less, and a way to thread the needle there? the next few years, over 65 percent of they look at me as the guy from the higher percentage of what their real RIVERA: We have seen some points of jobs in the commonwealth are going to Capitol, why they are skeptical. Now, I estate is. So that’s one of the inequities. promise. I had to think our ESSA Plan require some type of certificate or degree. have not yet gotten used to and comfort- What is also really important to is probably a great example. Over the Yet below 40 percent of Pennsylvanians able being the guy from the Capitol, but share is that our performance data course of the last three years, we’ve met hold those certificates or degrees. So it I understand why they would look at me also mirrors that investment status. So with over 3,000 stakeholders to kind of is our job to prepare the next generation like the guy from the Capitol. whereas we’re among the top of average engage them in this process and hear workforce. I know I can make decisions in terms of our performance metrics, from them. We visited so many differ- now that are going to improve those THE CAUCUS: Outside your official performance levels, we are at the bottom ent towns and school districts across stats over the course of the next years. If duties as secretary, what do you do in quartile, as well, when you take a look at the commonwealth. … What we submit- I make the mistake of focusing on a big your spare time? Hobbies? What are you predominantly affluent Caucasian com- ted to the governor, to the feds, to the win now at the expense of a generation of reading right now? munities and our communities of color General Assembly, we always remind students, we are going to fail. RIVERA: I have two kids. I have a and less affluent communities. Just if them, “It’s not Pedro’s plan, and it’s not 13-year-old and a 6-year-old. So most of you look at affluence, our more affluent the Pennsylvania Department of Edu- THE CAUCUS: Do you think the level my hobbies have now evolved around communities and students and schools cation’s plan. Three thousand people of testing reduced this year, the number parenting. Between football and dance far outperform our less affluent com- provided feedback around this plan and of questions and sections that were cut class, I try to work out as often as pos- munities and schools. That is where that many of those are your constituency.” out, were enough to reduce the amount sible. … I’m the guy with kids in the back achievement gap lies. So it’s no mystery, So I think that’s how we thread the of classroom time spent preparing for seat of the car, which has been inter- and I think research will continue to needle. I have the luxury of having one them? esting for me, because that’s when you show that where our investments are of the largest, if not the largest, constitu- RIVERA: You can always argue whether learn the most about your kids. If you’re made, those are the students that are ency bases in the commonwealth, and I or not it’s enough. We were able to real quiet in the front seat, then you being more successful. can best serve families and communities give two full days of instruction back hear their conversation.

Tuesday, December 12, 2017 T H E C A U C U S 11 COMMENTARY

FILE PHOTO PARTY TIME IS OVER If we can’t get merit selection of judges, ditching partisan elections is the next best thing for voters — and the bench

»»DAVID A. ATKINSON of campaigning. That certainly is one ingly tricky and expensive to try to trash possibility, but it does not address the all the contenders but one. hen I came to Harrisburg as an intern, a statewide impact of partisan politics undermining — Candidates will need to shop for judicial race was underway. In those comparatively public respect for and confidence in the public forums rather than political func- horse-and-buggy days, high-priced consultants courts. tions to advance their credentials. With If we are wedded to voters picking party endorsements no longer being the were not making a living off judicial races, and party judges, then how about backing political holy grail, kissing political rings loses W parties out of the equation? value. help was mostly ministerial. Judicial state Supreme Court. High-tech tactics, Instead of having party-dominated — Independent voters get to have races ranked low on the party scorecard, heavy interest-group involvement and primaries and elections, hold nonpar- their votes count and will no longer shut making party dollars scarce. big money have become central ele- tisan elections. Set whatever minimum out of party primaries. The Republican candidate dutifully ments of judicial races. This has not qualifications are determined desirable — The screening and rating exercises brought yard signs and bumper stick- improved the ethical scenery any. for the various courts, and then Republi- of good-government groups, legal enti- ers and other paraphernalia down to Prior to the election, Republicans cans, Democrats, independents, Greens ties and others take on greater relevancy state committee for distribution to the put out shabby mailings suggesting our and everyone else can decide if they for voters. Political parties are still free counties. The color scheme involved candidates were more flag-loving and want to put their credentials on the line. to weigh in, but they no longer serve as a chocolate-brown background with patriotic. Then the Republican chair- Rather than the traditional primary, effective gatekeepers. white, yellow and orange lettering. No man doubled down with a contrived there could be a preliminary vote to cull This new structure retains a major one could recall seeing anything compa- disparagement of Democrat Dwayne an unwieldy list of candidates. This ap- imperfection: the impact of big money. rable, but out the material went none- Woodruff. proach would require a separate ballot, Perhaps removing political parties from theless. This struck me as being out of but in the age of technology that surely the equation will make some form of Soon afterward, the Republican Na- bounds, having observed Woodruff’s can be worked out. public campaign financing a more palat- tional Committee sent around a study stellar service on the Interbranch Com- While election officials reflexively able option for state decision-makers. ranking the effectiveness of various mission for Juvenile Justice, convened squawk about the costs attached to any It would be naïve to think any system color combinations in motivating voters. to investigate and recommend remedies change, goodness knows a lot of state can remove distortion, hyperbole and Of several dozen combinations, this one for the notorious Kids for Cash scandal, money is spent on far lesser causes than alternative facts from campaigns. But rated dead last. Republicans were not and hearing his intense commitment to ensuring a respected and trustworthy at least the negatives will be ginned winning many statewide judicial races protecting kids. These pertinent virtues judiciary. up based on personalities and records in those days, especially post-Watergate, get buried in the campaign manure Electoral apostasy, yes, but consider rather than party talking points. so even an effective color scheme would heaped deep. the case. Judicial philosophy, rather A constitutional amendment is re- not have made much difference. Such gratuitous distortion and dis- than party identification, is the great- quired, as would be the case with merit This was my first, small insight into traction from Woodruff’s qualifications est determinant of how a judge will selection or judicial districts. And that is the oddity of throwing judicial hope- raised a few questions. Why do judi- approach controversies. It is dissected a difficult and time extensive process. fuls into the partisan political arena, cial elections make highly intelligent endlessly during the confirmation hear- The easy thing — too often the where intellectual capacity and judicial individuals surrender their discretion ings for federal judicial nominees. default position in Pennsylvania — is to temperament take a distant back seat to and dignity? How does dredging up the When political parties look at pro- stick with the status quo. party registration and regionalism. dark muck of modern political discourse spective candidates, they are assessing But the current structure has been Forty years of watching judicial elec- help burnish the image and perceived electability, first and foremost. Experi- showing its flaws for decades; it is tions and seeing the notable flaws has integrity of the judiciary? ence keeps reinforcing this is not the getting worse as costs get higher and reaffirmed my belief that merit selection The unfortunate answers: winning is best recipe for the high quality judiciary campaigning goes lower, and is not serv- is a better way to go. the prize, and tearing down wins votes. most Pennsylvanians profess to want. ing the public interest in a strong and But despite periods of judicial scan- After four decades of well conceived Advantages to nonpartisan judicial independent judiciary very well. dal and disrepute and concerted advoca- plans for merit selection going nowhere, elections include: If the move to merit selection is not cy for change, the emotional attachment it appears the chances of seeing it imple- — Candidates would still have to in the cards, then Pennsylvania ought to elections has carried more weight mented are equivalent to North Korea go out and meet people and visit parts to test a different approach to elections, with the public than the intellectual- deciding to unilaterally disarm. of the state beyond their home areas one that holds promise for shifting the ism of a nomination and confirmation Is there some middle ground be- — likely more frequently, because the argument from partisan politics to judi- process. tween the two polar methods? party apparatus would no longer be car- cial qualifications and capability. Thus, the treadmill keeps turning. rying them. Judicial candidates are forced to forge NONPARTISAN ELECTIONS — Individuals discouraged from run- David A. Atkinson is an associate of political ties during the course of a ning by the ferocity of negative politics the Susquehanna Valley Center’s Edward campaign, and then those ties become A proposal to create judicial districts might find nonpartisan elections more H. Arnold Institute for Policy Studies. He hammers to batter their motives when is periodically suggested to neutral- inviting. A fuller field of candidates worked for 35 years as a Senate staffer, their decisions are displeasing. ize geographical imbalance on the forces more attention to be paid to including 26 years with former Senate Fast-forward to 2017, and a race for statewide courts and contain the costs qualifications, for it becomes exceed- President Pro Tem Robert Jubelirer.

12 T H E C A U C U S Tuesday, December 12, 2017 CAPITOL DISPATCHES HEARINGS

9 A.M., DEC. 12 10 A.M., DEC. 12 HOUSE AGRICULTURE & RURAL AFFAIRS COMMITTEE HOUSE LABOR & INDUSTRY COMMITTEE Room 60, East Wing Room B31, Main Capitol Voting meeting on HB 1917, which would strengthen training and oversight require- Informational meeting on pre-apprenticeship and the Apprenticeship Grant Program. ments for humane society police officers, and HB 1932, which would require local conser- vation districts and the State Conservation Commission to render written decisions on nutrient management plans for farmers within 90 days. 10 A.M., DEC. 12 SENATE STATE GOVERNMENT AND TRANSPORTATION COMMITTEES 9 A.M., DEC. 12 Hearing Room 1, North Office Building HOUSE FINANCE COMMITTEE Joint public hearing to discuss motor-voter, unlawful voting and cyber security. Room 205, Ryan Office Building 8:45 A.M., DEC. 13 Public hearing on Department of Revenue collection practices; HB 1859, which would LOCAL GOVERNMENT COMMISSION give taxpayers who are delinquent on the payment of a tax liability a 60-day grace period Room 14, East Wing following notification sent via certified mail from the department before they are required Monthly business meeting. to pay applicable penalties or interest; and HB 1867 which would require the department 9 A.M., DEC. 13 to examine in person, at the physical location of the business, the requested papers and HOUSE APPROPRIATIONS COMMITTEE records of a taxpayer when the requests would total 25 pages or more of records. Room 140, Main Capitol Public hearing on special funds related to the Department of Community & Economic 9:30 A.M., DEC. 12 Development. HOUSE URBAN AFFAIRS COMMITTEE Room G50, Irvis Office Building Voting meeting on HB 584, which would allow municipalities with a population of more 9:30 A.M., DEC. 13 than 10,000, or two or more contiguous municipalities located in the same county and LEGISLATIVE BUDGET AND FINANCE COMMITTEE meeting the 10,000-resident threshold, to create community development authorities to Room 461, Main Capitol develop blighted, low-income neighborhoods and to create jobs; HB 1076, which would Meeting to release a report on sexual assault evidence collection. direct land banks to convert a portion of the blighted properties they acquire into housing for the homeless and provide tax credits under the Neighborhood Assistance Program to private developers who partner with land banks and non-profit organizations to rehabili- 9:30 A.M., DEC. 14 tate such properties; HB 1812, which would increase fines on “chronic nuisances” such as HOUSE APPROPRIATIONS COMMITTEE littering, loitering and disorderly conduct; and HB 1814, which would prevent delinquent Room G50, Irvis Office Building property owners from using county trustee status as a defense to an ordinance enforce- Public hearing on special funds related to the Department of Environmental Protection ment action. and the Department of Conservation and Natural Resources.

FUNDRAISERS THE WEEK AHEAD

8 A.M., DEC. 12 6:30 P.M., DEC. 12 10 A.M., DEC. 12 RECEPTION FOR HOLIDAY CELEBRATION FOR RALLY TO SAVE LIVES REP. BILL KORTZ GOV. TOM WOLF Capitol Rotunda AFL-CIO Headquarters Home of Alex & A rally and news conference are held by advocates of organ donation. Harrisburg Kristine Hartzler $250 to $2,000 $125 to $5,000 10 A.M., DEC. 12 MATH AND SCIENCE INITIATIVE East Wing Rotunda 8 A.M., DEC. 12 8 A.M., DEC. 13 A news conference is held to announce school achievements in the RECEPTION FOR RECEPTION FOR REP. BRIAN KIRKLAND National Math and Science Initiative College Readiness Program. Scheduled SEN. JOHN DISANTO Stock’s On 2nd to appear are Department of Education Secretary Pedro Rivera, legislators, Hilton Harrisburg Harrisburg National Math and Science Initiative representatives and school district Harrisburg representatives. $250 to $2,500 8 A.M., DEC. 13 RECEPTION FOR SEN. ROBERT TOMLINSON 2:30 P.M., DEC. 14 8 A.M., DEC. 12 Hilton Harrisburg ADDICTION HELP RECEPTION FOR Harrisburg Capitol Rotunda REP. MIKE HANNA $500 A news conference is held by the acting secretaries of Drug and Alco- Hilton Harrisburg hol Programs, Health and Human Services to discuss what individuals and Harrisburg families impacted by addiction and the opioid crisis should know around the 5:30 P.M., DEC. 13 $500 to $2,500 holiday season. RECEPTION FOR SEN. SCOTT MARTIN Drumore Estate 8 A.M., DEC. 12 Pequea RECEPTION FOR $100 to $5,000 REP. NICK MICCARELLI Hilton Harrisburg 4:30 P.M., DEC. 14 Harrisburg RECEPTION FOR $1,000 SEN. RANDY VULAKOVICH The Duquesne Club 5:30 P.M., DEC. 12 Pittsburgh RECEPTION FOR $500 to $2,500 REP. MIKE DRISCOLL McGrath’s Irish 8 A.M., DEC. 19 Pub & Restaurant RECEPTION FOR REP. SCOTT CONKLIN Harrisburg Cafe Fresco $250 to $1,000 Harrisburg

Tuesday, December 12, 2017 T H E C A U C U S 13 POLITICAL HISTORY THIS WEEK IN PA HISTORY Excerpts of noteworthy, newsworthy and just plain odd political news

Y E A1 R A G O Y E A4 R S A G O Y E11 A R S A G O Wolf nixes ‘thousands’ “Pa. Megan’s Law violates Raymond Shafer of unfilled state jobs ‘single-subject rule’ ” dies at age 89 GOV. TOM WOLF’S ADMINISTRATION PUT A CAP ON THE THE PENNSYLVANIA SUPREME COURT RULED THAT FORMER GOV. RAYMOND P. SHAFER, WHOSE ADMINIS- size of state government by informing cabinet agencies state lawmakers violated the constitution’s ‘single-subject tration pushed through tax hikes and massive spend- that they could not hire workers for thousands of unfilled rule’ in revising Megan’s Law in 2004 and ordered the Leg- ing increases as the state committed more resources to positions in mid-December 2016. The move was designed islature to fix the problems. The rule, which dates to 1864, education and public assistance, died of complications to help overcome an expected $600 million budget short- gives people confidence they can weigh in before a bill is from congestive heart failure on Dec. 12, 2006. He was 89. fall that fiscal year. The elimination of those positions, first passed and helps lawmakers know what they are voting on Shafer, a Republican who served from 1967 to 1971, was reported by The Associated Press’ Marc Levy, meant the ahead of time, wrote Justice Debra Todd for the five-justice the last governor limited to a single term. Gov. Ed Rendell state workforce would be held at about 73,000 salaried majority. “When an act of the Legislature violates the sin- described Shafer as “one of the most dedicated public ser- positions under the governor’s jurisdiction. House Repub- gle-subject rule, all of its provisions are equally repugnant vants in the commonwealth’s history. Pennsylvania has lost licans welcomed the move. “It is time to downsize. There’s to the constitution, and, thus, equally void,” Todd wrote. one of its finest sons.” By the time Shafer’s term ended, been a number of slots that have been vacant for years The changes made to the Megan’s Law legislation included though, the state’s finances were in shambles, The Associ- and don’t need to be filled. That’s what we’re looking to a two-year statute of limitations on asbestos actions, the ated Press’ Daniel Lovering wrote in his obituary. “It was do in restructuring state government,” spokesman Steve jurisdictional parameters of park police, and revisions to estimated that by the time Shafer left office, Pennsylvania Miskin said. real estate law. The sections dealing with Megan’s law cre- was spending $2 million more a day than it brought in,” ated a searchable online database of offenders, set new Lovering wrote. punishments for offenders who did not register, and added luring and institutional sexual assault to the list of of- fenses that require 10-year registration. The lone dissenter, Chief Justice Ronald Castille, noted that “any law passing through the enactment process is the result of salutary legislative compromise and the single-subject rule is not intended to completely discourage such compromise.”

Y22 E A R S A G O Y62 E A R S A G O 230Y E A R S A G O House OKs obscenity Truce in ‘Battle of Pa.’ Second state to ratify crackdown by counties won at Society dinner U.S. Constitution THE HOUSE VOTED 115-77 IN MID-DECEMBER 1995 TO AL- U.S. SEN. JAMES H. DUFF, A FORMER PENNSYLVANIA PENNSYLVANIA BECAME THE SECOND STATE TO RATIFY low each county to set its own standards for obscenity. governor, and Republican National Committeeman G. the U.S. Constitution on Dec. 12, 1787. Delegates to the rati- “We’re talking about giving tools to local communities to try Mason Owlett reportedly mended fences at the December fying convention met at the State House, now known as In- to shut down adult bookstores. That’s what this legislation is 1955 Pennsylvania Society dinner in New York City. The two dependence Hall, five days after Delaware became the first primarily about,” said Rep. Thomas E. Armstrong, a Lancast- had been engaged in what political observers outside the state to adopt the work of the Constitutional Convention. er County Republican who sponsored the bill. The legisla- state described as the “Battle of Pennsylvania” following Pennsylvania’s early approval helped create momentum tion, which later died, would have allowed juries in obscenity the brutal 1950 primaries. “My observation is that the party for ratification in the remaining 13 states, though it didn’t cases to decide whether a book magazine, movie or topless is more united at the top level than it has been for many come without controversy. Opponents of the Constitution bar violates “contemporary community standards” in their years,” state Sen. George N. Wade of Cumberland County alleged the Legislature was acting too quickly and without own county. The law Armstrong was seeking to jettison set told the AP after the dinner. Owlett, who succeeded allowing time for citizens to review the proposals. Twenty- statewide standards. The communications industry worried political boss and Pennsylvania Manufacturers Association one lawmakers authored “The Address and Reasons of the bill would lead to a hodgepodge of local standards and chairman Joseph R. Grundy, held a grip on a sizable bloc Dissent of the Minority of the Convention…” outlined their disrupt the distribution of newspapers, magazines, videos of the Legislature and opposed unemployment compensa- grievances. “The election for members of the [ratifying] and cable televisions shows. “How do legitimate businesses tion, child labor laws, workmen’s compensation, easing of convention was held at so early a period and the want of ... determine in advance what contemporary community tariffs, and pensions for the elderly. Duff, as governor, did information was so great, that some of us did not know of standards apply in each county?” asked Rep. Mark Cohen, a not support this anti-labor view, calling it “Grundyism,” and it until after it was over, and we have reason to believe that Philadelphia Democrat who read a letter of opposition from sought to change what he called “old-fogey thinking at the great numbers of the people of Pennsylvania have not yet the Pennsylvania Association of Broadcasters. top” of the party and formed alliances with more moder- had an opportunity of sufficiently examining the proposed ate Republicans and some Democrats. The battle for the constitution,” they wrote. Republican Party became the “Battle of Pennsylvania.” FROM LEFT Gov. Tom Wolf, former state Supreme Court Chief Justice Ronald Castille, former Gov. Raymond P. Sha- fer, former Rep. Thomas E. Armstrong, former U.S. Sen. and Gov James H. Duff, 1787 Pa. Constitutional ratification.

14 T H E C A U C U S Tuesday, December 12, 2017 Question Authority.

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