Archive for Tim Moffitt
City leaders and a group of organizers here have been fighting state efforts to take over our city’s water system for several years. City of Asheville v State of North Carolina, et al. goes before the state Supreme Court next month. The originator of the bill (an ALEC board member before he lost his state House seat) insisted transferring control to a regional authority was not the first step towards privatization. You know, we just didn’t believe him. The water situation in Flint, Michigan is sure to come up in oral arguments on May 17.
Congresswoman Gwen Moore (D-WI) of Milwaukee is the Ranking Member of the Monetary Policy and Trade Subcommittee that oversees U.S. relations with the World Bank and the International Monetary Fund. She is not too keen on water privatization either. Privatization opponents in Wisconsin recently fought off an effort led by Aqua America Inc. to privatize water there:
The legislation would legalize purchases of water utilities by out-of-state corporations and change existing law to make public referendums on such purchases optional instead of mandatory.
An acquaintance asked Saturday what happens if the Supreme Court rules this summer to lift gay marriage bans across the country. It seems unlikely the Roberts court will overturn rulings in 36 states, he said. He worried that, since so many of the shifts on gay marriage across the country originated in the courts, that the right will not simply use the decision to energize their base in 2016, but to further colonize and control the courts. In fact that has already been occurring, according to Chris Kromm of the Institute for Southern Studies:
Today, special interests are spending record amounts of money on court elections in the 38 states that elect justices to the bench. As a Facing South/Institute for Southern Studies report showed, more than $3 million poured into races for North Carolina’s higher courts in 2014, the first election since state lawmakers — with the help of millionaire donor and political operative Art Pope — eliminated North Carolina’s judicial public financing program.
The controversy over Big Money’s attempted takeover of the courts is now coming to a head. Next week, the U.S. Supreme Court will begin hearing Williams-Yulee vs. The Florida Bar, a case involving a challenge to Florida’s law barring judicial candidates from personally soliciting campaign contributions.
On Asheville FM’s Making Progress Monday, Asheville city councilman, Cecil Bothwell commented on the future of the city’s lawsuit over control of the Asheville water system. McGrady had joined Moffitt and Ramsey in passing the bill stripping the city of control of its water system and transferring control to a regional commission. McGrady delivered what Bothwell describes as “a very unsubtle threat” [timestamp 37:50] to the city and the county’s new, all-Democrat House delegation, essentially, to play ball if they expect to get anything from the GOP-controlled legislature [timestamp 37:50]:
Depending on how that lawsuit occurs will really determine what happens next. But I will tell you — I want to very clear, I’ve talked to again Senator Apodaka about this — if the lawsuit is decided adverse to the position the General Assembly took last time, he and I do anticipate filing legislation to correct whatever the mistake might be. … I’m quite prepared to come back with a different approach to the same issue.
Just because Rep. Tim Moffitt lost his reelection bid doesn’t mean the fight over Asheville’s water system is over. And guess what? There’s still time for more mischief before January.
The case is still in the courts. So stay tuned.
But as some of us have observed, the push to wrest control of water from cities is not a local phenomenon. Others without any connection to the Sullivan Acts are having the same fights around the country. Detroit, for example. Some, like St. Louis, are winning:
A new report from Corporate Accountability International, “Troubled Waters: Misleading Industry PR and the Case for Public Water,” addresses the privatization juggernaut to describe how some cities have dealt with corporate pressure, especially since some of it is predicated on the needs of U.S. water systems for as much as $4.8 trillion in investment in the next 20 years, as private companies, such as the French multinational Veolia Water North America, hinting that privatization would help create the needed capitalization.
The report describes elements of Veolia’s strategy in St. Louis. One example is their offer of consulting services (through Veolia’s Peer Performance Solutions) that would cut public water system costs, but in reality would be a foot in the door toward privatization. After years of pitching, Veolia got the city, including Mayor Francis Slay, to approve a Peer Performance Solutions contract with Veolia, but community activists and nonprofits challenged the idea. Activists formed the St. Louis Dump Veolia coalition to oppose the contract. The Great Rivers Environmental Law Center did its own analysis of the proposed contract, finding that the “contract will have the effect of privatizing the city’s Water Division, and will make city residents captive to Veolia.” According to the Corporate Accountability International report author, Emanuele Lobina, the terms of the Veolia contract would make Veolia “the private owner of all ideas for improving the St. Louis Water Division.”
Ultimately, Veolia failed. withdrew. Perhaps because 33 U.S. cities that went down the privatization path have already “re-municipalized” their water systems. Sometimes the glossy sales pitch is the only thing that shines about these deals.
Moffitt cribbed it:
ASHEVILLE – A company owned by state Rep. Tim Moffitt, R-Buncombe, lifted passages without attribution from other sources and used them in material for use on other legislators’ websites, a liberal Raleigh political group has found.
Progress North Carolina, the AC-T reports, says it found dozens of instances where anything from “a sentence or two” to “long paragraphs” were lifted without attribution. The irony here is what Moffitt told Barry Summers last Friday at last week’s CIBO meeting about his main focus areas in working with ALEC (on tape):
[P]robably my most pressing issue is intellectual property violations by foreign companies that really hurt North Carolina from the pharmaceutical/biotech standpoint.”
That’s right, nobody can violate the intellectual property rights of good, old Americans companies (like GSK, Bayer, or Novartis) except good, old Americans.
Are we not men? WE ARE CIBO!
Let’s see? Who’s on tap this morning at CIBO?
Breitbart on border security – NOT.
What else is news?
Asheville officials said Monday that Wake County Superior Court Judge Howard Manning Jr. ruled state lawmakers last year violated the state constitution and failed to compensate for the cost of building the water system.
The Asheville Citizen-Times cites the mayor on the court ruling:
Mayor Esther Manheimer said that by taking the city’s position on four of the six legal points at issue, Manning’s ruling would be more difficult for the Court of Appeals to overturn. The decision does not address the two other points the city raised, that the law was an unlawful interference with the city’s contract with bondholders.
Manheimer called the ruling “great for Asheville.”
City legal staff certainly deserves a nod for all the hard work. But nobody worked longer hours and more doggedly on this fight — including all the round trips to Raleigh for hearings — than local activist Barry Summers.
But Summers and other opponents of a regionalized system had better be ready for the next round. The state will likely appeal the ruling. The law’s sponsor, Rep. Tim Moffitt, R-Buncombe, called the court ruling “the first step in a very long journey.” And should the ruling stand, Moffitt might legislate again if he can find support among his colleagues for a more broadly written bill that puts more of their cities’ infrastructure in the crosshairs.
Unless Moffitt loses his House District 116 reelection bid this fall. A recent poll PPP poll released by his opponent, Brian Turner, showed Turner with a slight lead and 49 percent of voter with an unfavorable view of Moffitt.
Carolina Public Press scrutinizes Rep. Tim Moffitt’s Media. Moffitt started InTouchNC in December 2012 because he feels conservatives don’t get fair treatment in the media. So in an unusual move, he proceeded to buy up 170 domain names and sell websites to his colleagues in the legislature.
Shortly after Moffitt founded InTouchNC, NC Insider, a news service that covers the General Assembly and the governor’s office, published a report on the company.
The article quoted Moffitt as saying he had “thoroughly vetted” the concept of the business with the State Ethics Commission before launching it. Among the commission’s functions is advising legislators on questions regarding potential conflicts of interest.
However, Moffitt told CPP he did not take that step. “No, I didn’t run it by the Ethics Commission,” he said. Instead, “I reviewed the ethics laws to make sure that I wasn’t going to violate any.”
Contradiction? Misdirection? No.
Another day in Wake County Superior Court yesterday in the case of “Moffitt v. Asheville,” Judge Howard Manning Jr. presiding. Rep. Tim Moffitt and Rep. Chuck McGrady, R-Henderson were on hand for the hearing in the lawsuit challenging Moffitt’s “Regionalization of Public Utilities” law that forcibly transfers control of Asheville’s water system to a new regional authority.
Much hinges on whether or not Moffitt’s bill was deliberately written to evade the state’s constitutional ban in Article 2, Sec. 24 on enacting local legislation “relating to health, sanitation, and the abatement of nuisances.” Asheville activist Barry Summers was there to remind attendees — graphically — not of the water system’s history, but of the legislation’s.
While both McGrady and Moffitt watched the proceedings in court, Asheville’s attorney Dan Clodfelter disagreed with the state’s assertion that the bill was not local in nature. An attorney with the Charlotte-based law firm Moore and Van Allen, Clodfelter himself served as a state senator until last month, when he was named the mayor of Charlotte.
The bill does not specifically name the city of Asheville. But Clodfelter said it was clear that was lawmakers’ intent, rather than creating a statewide bill with a general set of principles to administer.
“Our constitution says what it says,” Manning said, indicating that the constitutional question was the crux of the case. Expect an appeal, however Manning rules.
Moffitt v. Asheville is a style of legal shenanigans we have seen emerge over the last decade from Wall Street to Jones Street to Pennsylvania Avenue. That is, to push the limits of the law to the breaking point and beyond, to knowingly step over the line and — using the law itself for cover — to arrogantly dare anyone to push back. If no one does, or if they do and fail, those who twist the law to their own ends succeed, and the boundary between the legal and the criminal moves again, and not in the direction of the public good. Rinse, repeat. Thus, torture becomes “enhanced interrogation,” fraudulent securities become top-rated investments, and public investments in schools, water systems, highways and airports slowly become the private wealth of oligarchs. Like watching an accident in which everything goes into slow motion, it is happening before our very eyes. Because it transpires in remote meeting rooms under color of law, we the people are not supposed to notice.
(Original post has been corrected. Rep. Nathan Ramsey was not in attendance Friday, but was cited in reporting as an original sponsor of the water bill.)