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Magnolia Political Report #71
June 8, 2006
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No Moore Partnership?

The Partnership for a Healthy Mississippi took what could be a fatal blow last Tuesday when Jackson County Chancery Judge Jaye Bradley vacated her December, 2000, order directing $20 million in tobacco settlement proceeds to the organization. Bradley’s ruling means that the $20 million the Partnership was to receive this year and in subsequent years will now go to the Health Care Trust Fund, the fund the state set up to receive proceeds from the tobacco settlement.

If it is to survive, the organization will either have to get an appropriation from the state legislature or rely on private support. Neither is likely. Earlier this year, the legislature narrowly passed a $20 million appropriation for The Partnership. Barbour vetoed it and it never was close to being overridden.

The Partnership is a private, non-profit group led by former Attorney General Mike Moore, who created the organization when he settled Mississippi’s lawsuit with the tobacco industry. Opponents have always claimed Moore uses the organization to further his political ambitions. They point to facts such as The Partnership having never been the subject of a public audit and its huge grants to political organizations like the Legislative Black Caucus.

Clearly, a lot has changed since 2000. For starters, in 2000, the Governor of Mississippi was Democrat Ronnie Musgrove; in 2006, it is Republican Haley Barbour. In 2000, there was agreement between the then House Speaker Tim Ford, Lt. Gov. Amy Tuck and Gov. Ronnie Musgrove as to how the money should be spent. Partnership arguments aside, even that agreement didn’t constitute an official act of the legislature, but there was no one around with the standing or deep pockets to challenge the cozy arrangement. As chairman of the Health Care Trust Fund, State Treasurer Marshall Bennett would have had standing to file a motion to vacate, but Bennett was a Democrat who probably wouldn’t have rocked the boat even if he thought the order was fishy.

When Republicans Haley Barbour and State Treasurer Tate Reeves took office in early 2004, Moore’s Partnership arrangement began to unravel. Not long after they took office, both filed motions to vacate the order. Attorney General Jim Hood, who also has a seat on the Health Care Trust Fund board, fought the motion on the board. Hood even attempted for a while to prevent the Health Care Trust Fund board from paying its lawyer, loudly proclaiming the board didn’t have standing to file the motion. He only relented when the court sided with Reeves, the non-lawyer, and against Hood, the state’s top lawyer. Either Hood’s legal judgment was cloudy or his politics got in the way.

Judge Bradley’s overturning of her 2000 ruling ultimately puts the $20 million a year into the hands of the state legislature. Though the money technically goes into the Health Care Trust Fund, until this past session, the legislature routinely raided the fund to pay for recurring state government expenses.

Mike Moore was “a bit perplexed” by Bradley’s decision. "The court has ruled that the governor's opposition has somehow extinguished the court's authority to enter its order, and we don't believe that's the law," Moore said. "We agree with the court that she had authority to enter the order when she entered it. We disagree that she loses her authority because the governor objects." Moore, along with those who support The Partnership, cite the work it has done through television, radio, and billboard ads that aim to keep Mississippi’s youth away from tobacco. Partnership opponents point to Center for Disease Control surveys that contradict the Partnership’s claims of having cut smoking among Mississippi’s youth.

Whoever is right, Bradley came down on Governor Barbour’s side not because of The Partnership’s inability to perform, but because she believes that the state legislature is the only body that can legally decide how the money is spent. Governor Barbour praised Bradley for her decision when he said “…that she is a strong enough person to have the gumption to vacate her own order. The only way for the state to spend state funding is for the Legislature to appropriate it through the legislative process." Those who side with the Governor argue that The Partnership has been too secretive about their finances (they are audited by a private firm) and that The Partnership has become nothing more than a political tool to bolster support for Moore, who reportedly has his eye on a U.S. Senate seat.

Mike Moore says that he will continue to fight for The Partnership. As of now, he has three options: he can hope for the court to retract its decision; the court could delay the decision; or Moore could seek a ruling from the Mississippi Supreme Court. The final decision will be up to The Partnership’s board. A Partnership appeal to the Mississippi Supreme Court is expected to fall on deaf ears by most court watchers.

In her ruling, Judge Bradley bent over backwards praising The Partnership for pages while gutting its funding in a few final paragraphs. Treasurer Tate Reeves noted the Health Care Trust Fund board had “an obligation to the taxpayers to protect all money that rightfully belongs to them.” He went on to state, “Educating young people on the consequences of smoking is a worthy goal, but it must be done within the law, and we must have certainty that every public dollar spent is used toward that goal. After today’s ruling, we can move on toward establishing cessation programs that pass both legal and good government smell tests.”


Barbour starting his own partnership for a healthier Mississippi

The Healthy Mississippi Summit will serve as the kickoff event for Governor Barbour’s “Healthy Mississippi Initiative” which strives to improve perceptions and attitudes concerning healthcare in Mississippi. "The goal of 'Healthy Mississippi' is to reduce the chronic disease burden in our state," Governor Barbour said. "This summit will expose key stakeholders of Mississippi's health community to experts from around the state and nation and will provide opportunities for them to learn about programs that have proven successful in other parts of the country."

The event will take place on June 15, 2006, from 9 a.m. - 3:30 p.m. at the Downtown Jackson Marriott (200 East Amite Street). For more information or to register for the summit, call 601-576-2047, or go to www.BarbourConference.com


Bennie serves up ground-Chuck in 2nd CD

 

The most talked about race in the June 6 primary elections has been, bar none, the one between Chuck Espy and Bennie Thompson. Espy, a state legislator, was trying to un-seat Thompson, Mississippi’s longtime Second Congressional District Representative in Washington. After a long battle with probably more talk than action, the incumbent Thompson handily beat Espy in the Democratic primary.

Espy ran a campaign saying that he believes that Thompson had not done enough for the Delta, and that he had a plan to turn things around in that region. Espy wanted to work to boost the preschool literacy rate in the Delta not only by seeking federal money to expand the preschool reading program, but also by paying $48,000 out of his own pocket to hire the Delta’s first master-level reading teacher to work at an unspecified daycare center. Espy also had a plan to attract doctors to the region. He wanted to propose a federal plan to forgive a doctor’s medical school debt if he promises to work in the Delta for at least seven years. Finally, Espy wanted to hire an economic coordinator to help boost job creation in the Delta. "These are things that we're going to implement as soon as the '07 Congress convenes, so people will see immediate results from their newly elected member of Congress.” Espy said with regards to his plan. “Hitting the ground running - that's what we're going to do."

Not surprisingly, Bennie Thompson responded quickly to each of Espy’s ideas to improve the Delta. With regards to Espy’s daycare literacy plan, Thompson noted that federal money cannot be spent on privately-owned daycare centers that operate for profit. If Espy really wanted to help the Delta’s youth, he added, he could have introduced legislation at the state level. According to Thompson, Congress beat him to the punch when it comes to doctors in the Delta. "If he would research the programs,” Thompson stated, “he'd find out that that program has been on the books for over 20 years." As for Espy’s idea to appoint an economic coordinator, Thompson responded by saying that “You can always give a person a title.” He also noted that his office already works with local chambers of commerce on job creation.

Chuck Espy had a lot going for him in this race. He appealed to white voters who are largely unlike the polarizing Thompson. Espy even garnered support from many well-known Republicans, including GOP financier Billy Mounger and MDA Chairman Leland Speed. Espy’s potential for GOP crossover received a great deal attention and even a Democratic lawsuit to close their primary elections to keep “Republicans” and independents out of their primary.

Another weapon in Espy’s arsenal was that of name recognition. Chuck Espy’s uncle, Mike, was Bill Clinton’s Secretary of Agriculture. During his time in Washington, Mike Espy did a great deal of good for the Delta, and he hoped that voters would remember that. Presently, ‘Espy’ is a name seen all the time in the second district since Chuck’s father, Henry, is the Mayor of Clarksdale and his family owns a chain of funeral homes across the Delta.

Chuck Espy’s biggest problem, according to Marty Wiseman, was also the oldest in mid-term elections - it is hard to unseat an incumbent in a congressional race barring some sort of scandal. "I think Chuck Espy has a great political future, but I think one would be fairly foolhardy to bet against an incumbent in a House race. Nationally, it's a rarity." The reason it is so difficult to beat an incumbent is simple. Constituents like the idea of their congressman having seniority, and as the top Democrat on the Homeland Security Committee, Bennie Thompson has just that. "If you go through a lot of little towns in the Delta, Thompson's name is hallowed.” Wiseman added, “He's got a lot of folks who are going to carry his flag for him."

In the end, Wiseman was right. Thompson carried the Second District 65% to 35% with 78% of the votes counted. Between Thompson being an incumbent and Espy’s significant monetary disadvantage, Bennie Thompson proved to be too strong a candidate for Chuck Espy. Espy conceded the election and threw his support behind Thompson. "It's time to get ready to give our support to U.S. Rep. Bennie Thompson as a strong Democrat,” Espy said in a speech in Jackson.

While it is easy to concede the Second District seat to Thompson, it is important to remember that he still has to face Yvonne Brown in November. And Brown winning this election is becoming less and less far-fetched by the day. Wayne Dowdy said so himself when he stated, "Mayor Brown will have huge financial resources, and the Democratic nominee and the Democratic Party will absolutely have to view her as a serious contender." Bennie Thompson’s battle to keep his seat in Washington is far from over.


Gene Taylor to Vote for Speaker Pelosi... if he has to

United States Representative Gene Taylor could be on the hot seat next January when it comes time to cast his vote for Speaker of the House. Taylor has said that he would vote with his party for the first time since 1999 if it would ensure Democratic control of the United States House of Representatives.

Taylor represents a conservative district that is usually reliably Republican. He’s been able to hang on to the seat by not toeing the Democratic Party line in DC. Taylor has the most conservative voting record of all 202 Democrats in the House and has refused to vote for the party leader for the speaker position. In the past two sessions, he chose not to vote for Minority Leader Nancy Pelosi (D-CA) but rather for John Murtha (D-PA). He did the same thing in 2001 when he preferred Murtha over then Minority Leader Dick Gephardt (D-MO), and in 1998, he voted ‘present’ when Gephardt opposed Newt Gingrich (R-GA).

Taylor insists that he is pro-Murtha, not anti-Party. He says that if Democrats ever united behind the widely respected Pennsylvanian for Speaker, "we win that race no matter what."

Though Taylor still plans to support Murtha in January, he will support Pelosi if it “comes down to one vote”

Generally, members of the House vote strictly on party lines, so the Speaker vote is largely a foregone conclusion. However, if Dems pick up seats in November, this year the Speaker’s race could come down to just a few votes.

If Gene Taylor were to support Pelosi, as the fourth most senior of the 28 Armed Services Committee Democrats, Taylor would be in line for a subcommittee chairmanship if the Democrats took control. Taylor said that he thinks he would “make a good subcommittee chairman."

Congressional Democrats have generally let his conservative voting record and lack of support for the party leader in the Speaker race pass without much complaint since they know that he is the only Democratic candidate who can take the Fourth District (in which 68% voted for Bush in 2004), but next year, voting with his party may be in both the interest of the Democratic Party as well as Gene Taylor's.


Clyde Kennard exonorated

Mississippi made national headlines when Forrest County Circuit Judge Bob Helfrich exonerated Clyde Kennard almost 50 years after he was wrongly convicted of burglary charges.

In 1960, Kennard was imprisoned for purchasing $25 worth of chicken feed that he supposedly knew had been stolen; but in 2005, Johnny Roberts, the only witness against Kennard, told the Clarion-Ledger that he was coerced into testifying against Kennard, and that Kennard never did anything illegal. It has been assumed for years that Kennard was actually targeted because he was trying to enroll in what is today the University of Southern Mississippi in Hattiesburg then an all-white campus.

Kennard, a Korean War veteran decorated with three medals, including the Bronze Star, died of colon cancer in 1963, only three years after being released from prison.

In 1993, the University of Southern Mississippi named a building after him, and Governor Barbour declared March 30th to be Clyde Kennard Day earlier this year, but nothing had been done to correct his wrongful conviction - until now.

Former 5th U.S. Circuit Court of Appeals Judge Charles Pickering, Sr., led the charge in hopes of obtaining exonoaration for Kennard saying that “the statute of limitations doesn't run out on murder, and it shouldn't run out on innocence.” Other notable figures helping Kennard included Governor Haley Barbour, former Mississippi Supreme Court Justice Reuben Anderson, former Gov. William Winter, and former Circuit Judge Barry Ford. After the exonoration was granted, Judge Pickering said, “This demonstrates what can be accomplished in Mississippi when we work together. It also demonstrates the tremendous racial progress that Mississippi has made since the 1950s and 1960s."


Clark gets touchy on voting

 

In preparation for the June 6 primary elections, Secretary of State Eric Clark worked to enact a sweeping change in the way Mississippians vote. His campaign, known as "Touch and Vote Mississippi," is an attempt to train election officials (Circuit Clerks, Elections Commissioners, and Party Executive Committees) and voters on how to use new electronic touch screen voting machines purchased by the state. “This year marks the beginning of a historic effort to dramatically improve elections in our state,” Clark said. “We are working at the state level to reach every county election official and, ultimately, every voter in Mississippi.”

“We’re making a big change this year to new, more accurate voting machines,” Clark said. “Any time you make big changes people want to find out for themselves what’s going to be different and how things will work. Our experience has been that when folks try the new machines they recognize a big improvement.”

DeSoto, Hinds, Lee, Rankin, and Yalobusha counties are using machines other than those with electric touch screens supplied by the state.

For more information please visit www.touchandvote.ms.gov.



Mississippi Political Trivia

Click Here to test your knowledge of Mississippi politics for a chance to win a Magnolia Report baseball cap. The winner will be drawn at random from those correctly answering all 8 questions. Please be sure to fill out the form so we know how to contact you if you are the lucky winner.

Austin Barbour of Yazoo City is the winner of a Magnolia Report baseball cap for this round of questions. If you have any suggestions for trivia questions e-mail them to scoop@magnoliareport.com.

 

Do guns cause workplace violence?

 

Attorney General Jim Hood announced a plan to combat violence in the workplace across the state of Mississippi. To achieve this goal, Hood released a manual that contained both warning signs to help detect a potentially violent employee and steps to be taken before and after a workplace conflict becomes violent. Also, AG Hood plans to train one law enforcement official in each of Mississippi’s 82 counties to deal with workplace violence. A similar initiative will be taken to try to eradicate violence in Mississippi schools.

Jim Hood’s goals with respect to ending workplace violence are lofty. “What I want us to get to is a 100 percent reporting of any statement made by an employee in the workplace to the effect of ‘I want to kill somebody’,” Hood said. “If we make it taboo then we won’t have these statements, and many times we won’t have these types of people in our workplaces.”

Hood is not alone in trying to put an end to violence in the workplace. He has been joined by Blake Wilson, president of the Mississippi Economic Council, and Jay Moon, president of the Mississippi Manufacturers Association. Combined they have the means to get the anti-workplace violence message out to more than 7000 employers across the state.

Some say Hood’s plan seems to be in conflict with House Bill 1141 which was passed by the legislature this past session and signed into law by Governor Haley Barbour. Under HB 1141, employees can keep firearms in their automobile so long as the parking lot is not already secured by a gate or security personnel.

Representative Billy Broomfield (D-Moss Point) calls the passage of HB 1141 “a colossal mistake.” “If we’re going to try to curb workplace violence,” Bloomfield insists, “the way to do it is not allow a person to keep something with the ability to take a life so close by.” Broomfield works at Northrop Grumman shipyard, where an employee was shot and killed in 2005.

Charlie Ross (R-Brandon), the author of House Bill 1141, leads the camp that believes that the new bill is quite compatible with Jim Hood’s plans. He believes that this new law gives employees the opportunity to defend themselves against a co-worker who turns violent. Furthermore, Ross believes that “Somebody is going to use a gun to hurt somebody at work, they’re going to do that regardless of what the company rule is on firearms.” Mississippi state law already allows citizens to keep firearms in their vehicles, and this new law, proponents suggest, puts employees and customers on a level playing field.

A fundamental disagreement over the nature of firearms possession is at the root of the disagreement between Broomfield, Ross and their respective supporters. Implicit in Broomfield’s argument is the assumption that guns inherently lead to violence. Ross’ argument rests on the premise that gun possession is not inherently violent and that people should be given the opportunity to protect themselves in the event it becomes necessary.

 

Crawford gets WIRED

Governor Haley Barbour and Alabama Governor Bob Riley have set into motion a new development program called the Workforce Innovation in Regional Economic Development. The WIRED grant is a 15 million dollar grant awarded to East Mississippi and West Alabama by the Federal Government. WIRED will benefit 36 counties in the two states.

The WIRED program is described by the United States Department of Labor as being “designed to support the development of a regional, integrated approach to workforce and economic development and education. The ultimate goal of WIRED is to expand employment and advancement opportunities for American workers and catalyze the creation of high-skill and high-wage opportunities.”

The administration of this grant is a joint effort between the state governments of Mississippi and Alabama. The Alabama Department of Economic and Community Affairs will be the fiscal agent while the Meridian-based Montgomery Institute will be the managing partner. Selection of the directors has been split between the states. Governor Barbour has already chosen a project director, and Governor Riley will choose an associate director in the near future.

Barbour has chosen Mississippi Development Authority (MDA) Director Bill Crawford to head the project. “Bill has done a fine job as deputy director at MDA, and I appreciate his service,” Barbour said. “This new project has the potential to transform workforce and economic development in East Mississippi and West Alabama, and Bill’s experience in the region and proven leadership skills make him the right person for this important assignment.”

Mr. Crawford seems as grateful as he is prepared to take on this new challenge. “I appreciate Governor Barbour’s confidence in me, and I renew the commitment I made to him two years ago — to do my very best to make a positive difference for the citizens we serve.” Crawford will continue to work for MDA in a limited capacity while he works on the WIRED project.

Crawford attended the U.S. Naval Academy and American University, but returned to Mississippi where he received a Bachelor of Science degree in mathematics from Millsaps College in 1971 and a Master of Science degree in education from Mississippi State University in 2001. Other achievements include being a graduate of the Mississippi School of Banking and the University of Wisconsin’s School for Bank Administration with a diploma in financial management. He is a certified facilitator of the “7 Habits of Highly Effective People” workshops and Phi Theta Kappa Leadership.

Governor Barbour has appointed several more Mississippians to work on this project as members of its oversight committee. He chose Meridian businessman Tommy Dulaney, president of Structural Steel Services Inc.; Wade Jones, president of the East Mississippi Business Development Corp.; C.D. Smith, regional manager of BellSouth; and Dr. Wayne Stonecypher, executive director of the state Board for Community and Junior Colleges.

Governor Riley will appoint 5 members from Alabama, one of which will be the president of The Montgomery Institute, Dr. Bill Scaggs, to round out the committee.


Survey Results

Should Jim Hood apologize for saying insurance companies are “in lockstep like Nazis?” (5/8)

Yes                                     49.76%

No                                      36.41%

I don’t care                     13.83%

Other than the Montgomery GI Bill, what will be Sonny Montgomery’s legacy? (5/15)

Statesman who was respected by all                     50.52%

Mr. Veteran                                                             30.66%

Saved the state’s military bases                           9.06%

MSU’s biggest booster                                           8.01%

Montgomery Leadership Institute                             1.74%

Who will win the Democratic Senate primary for the honor of running against Senator Lott? (5/22)

I Don't Care                            59.43%

Erik Fleming                            27.43%

Bill Bowlin                               13.14%


Movers and Shakers

DiAnne Owen, former Director of Scheduling for Governor Barbour, has begun a new job at the U.S. Department of State within the Bureau of Education and Cultural Affairs in Washington, D.C. Owen recently returned from Japan where she served as the Senior Advisor to the U.S. Ambassador to the World's Fair in Nagoya.

Candice Whitfield recently joined Governor Barbour's staff as a Policy Advisor for healthcare, welfare and social issues. Whitfield will be a liason to family groups and various state agencies including MDHS, Medicaid, MDPH, MDMH, and the MDRS.

Prior to serving as Policy Advisor in the Governor's Office, Candice most recently was Director of the Office of Program Integrity for the Mississippi Department of Rehabilitation Services in Madison, where she directed a staff of twelve and provided operational support to units in the areas of policy development, staffing, training and project management.


Quotable Quotes

"[I am] a bit perplexed” -- Former Attorney General, Mike Moore, on Judge Jaye Bradley's ruling against The Partnership for a Healthy Mississippi

“If I’d have wanted to run for governor, I would have run last time or the time before.”-- Mike Moore

"At a time when the Republican Party is in trouble with their conservative base, Bill Frist is taking a page straight out of the Karl Rove playbook to distract from the Republican Party's failed leadership and misplaced priorities by scapegoating[Lesbian, Gay, Bisexual, Transgender] families for political gain, using marriage as a wedge issue. It is not only morally wrong, it is shameful and reprehensible" -- Democratic Party Chairman, Howard Dean on news that Senate Majority Leader Bill Frist, Tennessee Republican, plans to bring to a vote a proposed constitutional amendment that would ban homosexual "marriage."

 

 

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