Decision Virginia

Much ado about ethics, deadlock averted, as lawmakers criticize anti-corruption bill

BY: MIKE VALERIO

After a standoff threatened to derail a deal ending lax gift restrictions and unregulated trips ranging from Napa to Paris, Virginia lawmakers passed new ethics legislation Friday, with the General Assembly adjourning early for the first time in 15 years.

The new restrictions lower caps on all gifts from $250 to $100, and end exemptions for certain intangible gifts - such as meals and trips. Elected officials would now have to report items over $50 and have an assortment of free travel plans pre-approved.

If Gov. Terry McAuliffe (D) signs the legislation, Virginia’s Conflicts of Interest Advisory Council will review future travel itineraries, and require trips to have reasonable connections with lawmakers’ official duties.

The council will have five days to approve or reject travel, with some political trips exempt from pre-clearance requirements.

     Delegates gather in the House Chamber in Richmond, Va. for the 2015 session. Photo via VA Public Radio  

Travel for political events must still be reported on campaign finance filings, and travel necessary for state duties will also be exempt.

But the Capitol delved into deadlock during the session’s final hours, with several senators unconvinced that new ethics guidelines were needed.

The impasse followed earlier debate in the Senate this month, when a handful of Republicans blamed the media for forcing them to pass new anti-corruption laws.

“The press is not going to be satisfied until it’s zero,” said Sen. John Watkins, (R-Powhatan), referring to proposed gift caps. “My admonition would be to the press. Figure it out. Because I don’t think you have yet.”

Senators railing against ethics reform, courtesy Senate Clerk’s Office & Information Systems and Columbia Journalism Review

Senate clerk’s office and Information Systems*

The drama ended Friday, after House Speaker William J. Howell (R-Stafford) and House Majority Leader M. Kirkland Cox (R-Colonial Heights) paid a forceful visit to Republican Senate colleagues. The bill ultimately passed unanimously in both chambers.

Disclosure forms will also be required to be available online, posted in a searchable database within six weeks of filing dates.

Before the high-profile corruption case involving former Gov. Robert F. McDonnell and First Lady Maureen McDonnell, top Virginia lawmakers reported trips ranging from wine tasting in Napa to the Le Bourget Air Show in Paris.

Gift amounts have now dropped precipitously, with the Virginia Public Access Project reporting gifts received by Gov. McDonnell in his first year averaging $661, compared to $99 received by Gov. McAuliffe.

New graphic from @vpapupdates - average value of 1st year gifts plummets from #McDonnell to #McAuliffe #vagov pic.twitter.com/pAT2KlncbJ

— Mike Valerio (@MikeNBC12) January 27, 2015

Despite the General Assembly's passage of ethics reform, lawmakers and advocacy groups said significant shortfalls still exist.

“I am disappointed that essentially, the [Advisory Council] still has no real investigative and enforcement capabilities,” said Sen. A. Donald McEachin (D-Henrico) in a statement Friday.

“There remains no cap on the cumulative value of gifts, and the gift ban has potentially problematic exemptions that render it much weaker than it should be.”

The current $250 limit adopted in 2014 only applies to lobbyists, and caps the total value of gifts a single lobbyist may give to a lawmaker at $250.

The new $100 cap means anyone can give a state official an unlimited number of gifts, as long as each gift has a value of $100 or lower.

Anna Scholl, executive director of liberal advocacy group ProgressVA, said although positive reforms have been made, Friday’s actions are not strong enough.

“Legislators refused to establish an independent and impartial ethics commission with the power to randomly audit ethics filings, investigate signed complaints, and refer findings for prosecution,” Scholl said.

“The approved bill also carves out a loophole for privately-sponsored travel for legislators and elected officials to private conferences.”

House Republican leaders said new ethics regulations will increase transparency in government, and touted lawmakers reaching a deal in time to adjourn early for the first session since 2000.

“Completing our work early saves taxpayer dollars and illustrates that Richmond can rise above the partisan gridlock so easily visible in Washington,” said the House Republican Leadership in a statement.

“While Congress is at a standstill, under Republican leadership the House has worked diligently and efficiently to finish ahead of schedule.”

Sheriff: Morrissey charged with violating work release, must stay in jail

BY: MIKE VALERIO

Sheriff's deputies said Del. Joe Morrissey (D-Henrico) violated the terms of his work release late Thursday, after he campaigned at an Eastern Henrico County shopping center.

Morrissey is now forced to remain in jail, until he is brought before a judge for an institutional hearing. According to the Henrico Sheriff's Office, Morrissey did not notify his supervisors of his intent to campaign at a supermarket near Richmond International Airport.

 

The embattled delegate hit the campaign trail hours after he announced his resignation. In the same news conference, Morrissey declared his intentions to seek the Democratic nomination and run once again for his seat.

Morrissey told NBC12 Thursday afternoon his work release agreement said has the right to meet constituents during the day.

"It's part of the agreement," Morrissey said.

Morrissey handed in his notice of resignation effective Jan. 13, 2015, the date of the upcoming special election.

"Right now there is a bit of a cloud or taint over my seat" Morrissey told reporters. "It's not the political pundits, it's not legislators who should decide whether or not I stay or go. It is the voters in the 74th House District."

Around 3:00 p.m., Morrissey was seen shaking hands with voters at a shopping center along South Airport Drive in Highland Springs.

Morrissey is currently serving a six month sentence after entering an Alford plea on charges of an inappropriate sexual relationship with a 17-year-old receptionist. The plea indicates Morrissey does not admit guilt, but acknowledges there is enough evidence for him to be found guilty at trial.

“Delegate Morrissey's announcement that he will run in a special election after just resigning his House of Delegates' seat is both outrageous and sad,” said House Minority Leader David Toscano (D-Charlottesville).

“To say it is outrageous goes without saying, but it is also a sad and sorry display of political grandstanding that simply hurts the Commonwealth, its political institutions and the constituents that he purports to represent."

House of Delegates Speaker William J. Howell (R-Stafford) railed against Morrissey's decision to seek the seat in the special election, calling it "deceitful, selfish and disrespectful." 

"This is a despicable, arrogant political stunt that should disgust each and every citizen of Virginia," Howell said in a statement. "The people of the 74th district deserve better than this and the obligation now rests with them to retire Mr. Morrissey permanently."

The deadline for political parties to nominate candidates is Tuesday. Prior to Thursday's announcement several candidates already announced their intention to challenge Morrissey for his political seat, including Kevin Sullivan, Lamont Bagby and Matt Walton.  

G. Paul Nardo, clerk for the Virginia House of Delegates, expressed his surprise on how Thursday's situation unfolded.

"A little bit surprised that he chose to run for the seat he is now resigning from on January 13 but that's totally within his prerogative and right to do so," Nardo said.

Morrissey previously had to report to Henrico Jail East every night for three months. He was eligible for work release to practice law and serve in the General Assembly. He also wears an ankle GPS monitoring device.

Prosecutors say the 57-year-old had a sexual relationship with a teenage part-time receptionist at his law office last year. She is now 18 years old and has denied the alleged sexual relationship.

Virginia Medicaid expansion fails, $880 million bipartisan budget fix passes

BY MIKE VALERIO:

After 90 minutes of debate on a bill that would have expanded Medicaid in Virginia, the measure failed to reach a floor vote, killing the idea for the 2014 General Assembly special session.

The compromise proposed by Republican Del. Thomas Davis Rust (R-Fairfax) would have allowed 400,000 needy Virginians to purchase private health insurance, using federal Medicaid funds.

But in a 64-33 vote, the House of Delegates refused to "engross" Rust's bill, meaning the bill never came to a full vote.

"The decision on this bill was made before we arrived in Richmond; the debate was mere window dressing," said House Democratic Leader David J. Toscano (D-Charlottesville). "The rejection of this legislation is further proof that this entire Medicaid special session was a charade."

In an interview Thursday, House Majority Leader Kirk Cox (R-Colonial Heights) said the compromise bill relied on waivers that were unlikely to be approved, and had a series of problems that made its implementation difficult.

"I think going forward when we return in January, we will not be seeing any Republican bills related to Medicaid expansion," Cox said. "We are more concerned with Medicaid reform."

Gov. Terry McAuliffe has fought for Medicaid expansion since his time on the campaign trail, arguing that accepting federal funds will bring back tax dollars sent from Virginia to D.C.

Democratic lawmakers asserted that as money returned to the Commonwealth and 400,000 more Virginians received coverage through Medicaid, more healthcare jobs would be created at home.

"As I've always said, I'm the ultimate optimist," McAuliffe said at a news conference Thursday. "There are no arguments left why we should not close the coverage gap."

Earlier in the special session, both the Virginia House and Senate put on an unusual display of bipartisanship, overwhelmingly passing a measure to close the state's $882 million budget shortfall.

The measure passed the Senate 36-2, and the House 93-4.

BREAKING HB5010 PASSES - bipartisan budget bill, fills Virginia $882 million shortfall. Now heads to Senate #vagov pic.twitter.com/oZYvdM6p0v

— Mike Valerio (@MikeNBC12) September 18, 2014

But in order to balance the books and keep Virginia's financial picture stable over the next two years, lawmakers agreed to cut $192 million to state agencies, $90 million to higher education, and $60 million to local governments.

"Acting sooner rather than later to address the budget shortfall creates certainty for our economy, gives state agencies flexibility to cut spending while protecting the core functions of government, and ensures that Virginia will maintain its Triple-A bond rating," said House Speaker William J. Howell (R-Stafford).

"This responsible action demonstrates clearly that while Richmond and Washington are separated by just 90 miles on a map, we are worlds apart when it comes to spending policy."

Herring impeachment inquiry stopped, minutes after it starts?

BY: MIKE VALERIO

It was a bold move by Del. Bob Marshall (R-Manassas) Thursday, filing two resolutions to start an impeachment inquiry against Attorney General Mark Herring.

Del. Marshall told NBC12 before our 5:30 broadcast we could “christen and baptize the news” of his impeachment inquiry. Marshall said he took the step reluctantly, two days after Herring argued against the Commonwealth’s constitutional ban on same sex marriage.

 

But 25 minutes after we confirmed the developments, a spokesperson for Speaker Bill Howell (R-Stafford) indicated the impeachment effort is going nowhere fast.

"The Speaker has expressed his concerns regarding the Attorney General's actions, but does not believe impeachment is an appropriate or practical recourse at the moment,” wrote Spokesperson Matt Moran Thursday.

Reaction from the AG’s Office was also swift, with Director of Communications Michael Kelly saying three constitutional scholars have supported Herring’s refusal to defend the same-sex marriage ban.

"A small handful of legislators seem to remain oblivious as to how the law works, the role of the Attorney General, and the publicly stated opinion of top legal scholars, including the author of Virginia's modern Constitution," said Kelly.

"It's our hope that this political gambit doesn't distract or take away momentum from reaching agreement on a state budget as soon as possible."

As Ryan Nobles pointed out earlier this week, the criticism from conservative adversaries seems to embolden Herring in his fight against the constitutional ban.

"Having the right to fight for the rights of all Virginians is an awesome responsibility that I am honored to have," said Herring. "It makes all the politically motivated criticisms, and the misrepresentation of my actions and the role of the Attorney General, pale in comparison."

Marshall’s fight also stems from Herring’s position that children of illegal immigrants should be eligible for in-state tuition. The Delegate also noted Herring’s viewpoint that same-sex couples should be alowed to file joint tax returns.

“I have filed these resolutions to obtain the judgment of the House of Delegates on whether Mr. Herring’s behavior on these serious matters reaches the level to warrant impeachment,” said Marshall in a statement Thursday.

“It is the responsibility of the House of Delegates to investigate this matter, and determine whether, in the opinion of that body, Mr. Herring meets the constitutional standard of 'offending against the Commonwealth by malfeasance in office, corruption, neglect of duty, or other high crime or misdemeanor.'"

 

With session drawing to a close, budget deal remains elusive

By: Ryan Nobles 

A lot of posturing, not much progress. 

That may be the way to describe the status of negotiations at the State Capitol. Virginia Democrats, led by Gov. Terry McAuliffe (D) remain committed to only passing a budget that contains an expansion of Medicaid. Republicans, led by Speaker William Howell and Del. Kirk Cox refuse to budge. 

Thursday McAuliffe used the expected roll out of a new program that will combine Medicaid and Medicare programs for Virginians who are eligible for both as an example that the state is ready for wholesale expansion.

The reform is significant and supported by republicans and democrats, but republicans were quick to say it has nothing to do with Medicaid expansion and especially as it relates to the budget.

It seems that despite a lot of public sabre rattling, we aren't much closer to a deal on the budget.

Here is my story for NBC12:

RICHMOND (WWBT)- The announcement of Virginia's move to blend Medicare and Medicaid was going to happen with or without an expansion of Medicaid.

But Governor Terry McAuliffe (D) believes it is an example of how Virginia has worked to reform the process. Republicans still don't believe the state or the federal government is ready for that kind of huge investment.

It was a campaign promise, and Governor McAuliffe continues his push for expansion, any which way he can.

"This Medicaid expansion and how it relates to Medicaid in Virginia this is critical to our budget it is already 20% of our budget," the Governor said in a one on one interview in his office.

McAuliffe continues to hold firm on his belief the budget cannot go through without Medicaid expansion. Republicans argue both sides should be having two different conversations.

'We need a clean budget not one that includes Medicaid expansion something that was inserted and not introduced by the governor something that was inserted by the senate and is holding up the other priority needs of the commonwealth," and said Del. Chris Jones (R-Suffolk) the lead budget negotiator in the House.

According to the governor today's announcement that people eligible for both Medicare and Medicaid can now sign up for one program- is evidence that Virginia has made great strides reforming the system and prepared to cover more people.

"It is a win win it shows that Virginia is on top leading on what we need to do on these health care reforms," McAuliffe said.

But republicans aren't ready to budge, and aren't ready to trust the federal government to hold up its end of the bargain long term.

"We knew this coming in I've met with shareholder groups back in October that were concerned about the contracts," said Jones. "I think there are three insurers they are dealing with. So this is nothing new. There is nothing new with this."

...read the full story on NBC12.com

Meanwhile some 78 thousand Virginians are already starting to take advantage of the new blended program.

Mike Valerio covered that part of the story and how it will directly impact those who are eligible for both programs:

RICHMOND (WWBT)- In an effort to cut confusion and cut costs, Governor Terry McAuliffe announced the merger of Medicare and Medicaid benefits for Virginians enrolled in both programs Thursday. The move eliminates two sets of often misaligned rules, and launches the new endeavor in one new program.

The new initiative is now known as Commonwealth Coordinated Care (CCC), a program that will cover an estimated 78,000 Virginians. Gov. McAuliffe said the goal is to eliminate complicated rules, and to help patients request the care they need.

"Nationwide, individuals who are dually eligible for Medicare and Medicaid typically have the highest and most complex medical needs but are often underserved," McAuliffe said at a news conference Thursday. "CCC will blend all of the benefits currently provided under Medicare and Medicaid into one plan."

Letters are now being sent to all Virginians who are eligible for the plan. The letters provide information on how to enroll, as well as contact information for representatives who can answer questions.

Highlights of CCC include a care manager for each patient, a feature Secretary of Health and Human Resources, Dr. William A. Hazel, Jr. said goes beyond current benefits for Medicaid and Medicare.

"[A care manager] will complete a comprehensive evaluation to understand the enrollee's situation and work directly with the enrollee to develop a plan of care that is tailored to their needs and preferences," Hazel said.

Republicans largely dismissed the announcement as a plan that was already in the works for three years. Advocates for senior citizens also expressed concerns that patients may throw out the enrollment letters by mistake, or not understand the changes.

"Even if the letter is thrown out, people who receive certain medications from Medicaid and Medicare will continue to receive the same medications under the new system," said Cindi Jones, director of Virginia's Department of Medical Assistance Services in a phone interview Thursday. "And if you don't like the new merged plan, you have the right to opt out, and go back to how things were before."

read and see Mike's full story on NBC12.com 

McAuliffe backs away from tough talk on Medicaid expansion but vows to "get it done"

By: Mike Valerio & Ryan Nobles

Both sides claim a shutdown is not where the debate over Virginia's budget is headed, but with no apparent resolution in sight, it is hard to see how it can be avoided. 

Mike sat down one-on-one with both of the primary players in the debate over Medicaid expansion, which is the central tenant that could lead to a breakdown. Governor Terry McAuliffe (D) and House Speaker Bill Howell (R) refused to entertain the idea that their negotiations might end in a stalemate, but they also both refused to give on their positions of expanding health care coverage. 

On the campaign trail McAuliffe was insistent that he would not sign a budget that did not include Medicaid expansion as part of the Affordable Care Act. It was a position that was popular with the party's liberal base. But now as the negotiations begin in earnest, and he is the governor, not just a candidate, McAuliffe has softened his tone on what he will or will not give on. 

"You know, maybe I’m the ultimate optimist here, but I believe we’re going to get it done," McAuliffe said. "Because to me, it makes so much common sense."

But Howell, who rules his powerful GOP caucus with an iron fist, remains committed to letting a commission formed last year take its time and map out a path forward on Medicaid without opening up the program immediately to a whole new pool of consumers. Howell believes the state does not have enough information about how expansion would impact Virginia's bottom line and he does not trust Washington to continue funding the program the way it is promising at the outset of the implementation of the Affordable Care Act. 

"They just don’t have the ability to follow through," Howell said.  "They are $17 trillion in debt today. They’re adding to that debt anywhere between a trillion and a half a trillion a year."

McAuliffe seems frustrated that the GOP won't offer him any wiggle room in the negotiations. He said he is open to hearing their ideas, but so far they have offered nothing but the word 'no'. 

"When you go into negotiation and say, 'no no no no no,' you are the ones, they’re causing gridlock, McAuliffe said. "If they change it, we change it. That’s a simple part of negotiations to do. I’ve been open to that."

Howell responded that negotiations are ongoing, and it is the Governor who should not get hung up on one aspect of a complex budget. 

"I can’t envision the Senate saying 'we’re going to shut this down,' for a plan that isn’t ready," he said. Adding, "If the governor gets a budget, he'll sign it."

Regardless, the showdown has left two sides in a staring contest without much of a path forward. They continue to say they aren't willing to let the budget be held hostage by the impasse, but until someone gives that appears to be where they are headed. 

Virginia politicans love to point out that our legislature works differently than Washington. The next two weeks will demonstrate if that is indeed true. 

Mike's full interview with Governor McAuliffe can be found below:

  

Mike's interview with Speaker Howell can be found here: 

  

You can read Mike's story below: 

RICHMOND (WWBT)-  It’s a shutdown scenario that is possible for Virginia – would Gov. Terry McAuliffe refuse to sign the budget, if Medicaid expansion failed to pass the General Assembly?

 McAuliffe made Medicaid expansion a critical campaign promise last summer. The Governor pledged to bring healthcare to 400,000 Virginians who have incomes too high for Medicaid, but too low to afford quality health insurance.

 In an interview Tuesday, Gov. McAuliffe backed off the threat of a government shutdown. His comments contrasted from statements made on the camping trail, when he promised not to sign a budget unless it included Medicaid expansion.

 “The only ones who are talking about a shutdown are the Republican leadership,” McAuliffe said. “We can get this done. It’s the right thing to do – to bring our tax dollars back to Virginia.”

Republican House Speaker William Howell (R-Stafford) expressed optimism that a shutdown would be avoided, but said Virginia is not ready for Medicaid expansion.

“[Medicaid spending] has grown over 1,600 percent over the past 30 years,” Howell said in an interview Tuesday. “And every dollar that we don’t take from the federal government is one less dollar they have to borrow.”

The problem, in part, stems from trust with Washington. States now have the option of expanding Medicaid to thousands, with the federal government picking up most of the tab. But Republicans do not believe Washington will be able to pay for more Virginia hospital bills with current federal spending levels.

“They just don’t have the ability to follow through,” Howell said. “They are $17 trillion in debt today. They’re adding to that debt anywhere between a trillion and a half a trillion a year.”

But McAuliffe defended the federal government’s ability to keep its end of the deal, and said Virginia could change course if Washington backed out of its promise.

“First of all, they’ve never backed out of their commitment to Medicare,” McAuliffe said. “But if they change [the Medicaid deal], we change it. That’s a simple part of negotiations to do. I’ve been open to that.”

There is now a compromise plan in the Senate tentatively called “Marketplace Virginia,” where Medicaid dollars would be used to fund private health insurance options. McAuliffe said he would be open to the proposal.

“You know, maybe I’m the ultimate optimist here, but I believe we’re going to get it done,” McAuliffe said of expansion. “These 400,000 Virginians are still going to go to an emergency room. They will be treated. Somebody will pay for that. That cost will be borne by our businesses.”

-read and see Mike's full story on NBC12.com 

 

Napa wine tasting, trips to Paris & South Korea: General Assembly gift-giving

BY MIKE VALERIO:

It’s a list of exotic trips and perks for the members of the Virginia General Assembly, rewards and retreats for lawmakers who make only a maximum $18,000 per year.

Members Thursday reported more than $260,000 in free concerts, trips and outings, according to public disclosure forms compiled by the Virginia Public Access Project.

The lawmaker who tops the list of gift totals, Sen. Dave Marsden (D-Fairfax), who reported $11,499 for 2013. A $7,600 trip to Seoul, South Korea is listed within Marsden’s disclosure form, paid for by the South Korean Ministry of Foreign Affairs.

Photo: annandaleva.blogspot.com

Sen. Dave Marsden (left) meets with chairman of the Korean Federation of Industries during a trip in August sponsored by the Korean government.

Marsden’s 37^th Senate District has a sizable Korean population, and the Senator has led efforts to include the name “East Sea,” along with the Sea of Japan in Virginia textbooks. Korea views the Sea of Japan as a name reflective of what’s perceived to be a legacy of Japanese imperialism. The South Korean ambassador headed to Richmond to discuss the issue Thursday with Gov. Terry McAuliffe as well as legislators.

“It was a very successful trip in terms of promoting the East Sea Bill,” Marsden said in a phone interview Thursday. “We promoted Virginia business and at the same time, showed that we deeply care about Koreans who live here in America.”

Speaker Bill Howell (R-Stafford) reported a Napa wine tasting outing provided by Henrico-based Altria. The company paid a total of $238 for the Speaker and his wife for trip to California’s wine country. Altria also paid the bill for meals and transportation during Howell’s trip to the National Speakers Conference.

Howell also received a $536 iPad with cover and duffle bag, paid for by the State Legislative Leaders Foundation. A spokesperson for the Speaker declined to comment on any of the gifts.

A tip to Paris was made possible by tobacco company settlement funds, with Sen. Frank Ruff (R-Clarksville) reporting a $4,235 journey to the Paris Air Show.

Photo: Paris Air Show, Le Bourget, Baltimore Sun

In an email Thursday, Sen. Ruff said the trip to France involved economic development in Virginia, and there would be an announcement Friday related to the visit.

“I have focused my time in the Senate trying to do everything possible to increase economic opportunities in Southern Virginia,” Ruff wrote. “Those efforts not only include talking to prospects but also working to improve the workforce quality to make our region more attractive to manufacturing.”

Rep. Terry Kilgore also attended the Paris Air Show, recording $1,900 in hotel and airfare expenses.

In terms of taxpayer funded trips, 35 members reported more than $1000 in travel expenses to conferences nation-wide. Sen. Walter Stosch (R-Glen Allen) reported the lowest dollar amount for taxpayer funded trips, disclosing $292 for a trip to the National Conference of State Legislatures in Washington, D.C.

Currently, General Assembly members are allowed to accept gifts regardless of amount, a rule that may change following Gov. Bob McDonnell’s gift scandal. However, each January, lawmakers must disclose all gifts valued at more than $50.

At the bottom of the list for gift totals, Del. Manoli Loupassi (R-Richmond) and Former Sen. Harry Blevins (R-Chesapeake) only reported one gift each. Both members accepted a Wawa gift basket, valued at $51.

View the entire list of gifts courtesy of VPAP here.