The Missouri Times - January 10, 2018 by Missouri Times

The Missouri Times

JANUARY 10, 2018

SILVEY DEPARTS

THE SENATE

PAGE 5

LOVE: I WAS

CONFUSED

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NIXON PORTRAIT UNVEILED

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OPINION

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Hey 2nd Amendment supporters – watch your 6! by Jennifer Bukowsky If you force a guy to bring a knife to a gun fight, the outcome of the fight doesn’t tell us much (unless knife guy wins). Imagine that the government compels you to defend yourself in a duel. And your life and liberty hangs (in part or in whole) in the balance. Should you have to defend yourself with an inferior government-issued weapon? Heck, no. But sadly, that’s Missouri’s status quo. The right to bear arms – whether on our person, in our car, or in our castle – is one Missouri has vigilantly protected. But our other Constitutional right of self-defense – the right to counsel - is one Missouri has long neglected. Self-defense is the core of both the Second Amendment right to bear arms and Sixth Amendment the right to counsel. And an individual’s right to defend oneself from the government should be sacrosanct – on both fronts. The legitimacy of the criminal justice system hinges on the idea that a clash between two relatively equal sides will produce an accurate result. Conversely, we cannot be confident in the integrity of a criminal conviction unless that individual had an effective attorney to combat the government’s prosecution. Although we’ve fortified our right of self-defense under the Second Amendment nearly every year for the last fifteen in Missouri, we’ve done virtually nothing to stop the government from trampling upon our Sixth Amendment right to self-defense during that same period. Missouri is 49th in the nation for per-capita indigent defense spending. According to a lawsuit filed in 2017, Missouri does not provide an adequate defense to the indigent in 97% of cases. Gun Grabbing Second Amendment supporters should note that Missouri’s Sixth Amendment constitutional crisis affects gun rights. Were we to graph the number of people who have lost their right to bear arms for life under the federal Gun Control Act, it would look like a hockey stick —going up and up and up. Under that law, any person convicted of a felony or a misdemeanor crime of domestic violence loses his/her gun rights. In 2016, America had an estimated 23 million convicted felons, meaning that over 10% of adults in America have been stripped of their gun rights by federal law. And that doesn’t include individuals who lost their gun rights due under that law for misdemeanor convictions, nor does it cover individuals who have lost their

gun rights under (often broader) state laws that strip individuals of gun rights for misdemeanor convictions. The federal government has 77.7 million individuals — nearly one in three American adults — in its criminal records database. The national “no gun” registry grows exponentially every year. Justice Clarence Thomas recently broke a decade-long silence during oral arguments to sound the alarm about the federal Gun Control Act’s expansive sweep in Voisine et al. v. United States (2016). His dissenting opinion explained: [A] single conviction under a state assault statute for recklessly causing an injury to a family member—such as by texting while driving—can now trigger a lifetime ban on gun ownership. And while it may be true that such incidents are rarely prosecuted, this decision leaves the right to keep and bear arms up to the discretion of federal, state, and local prosecutors. We treat no other constitutional right so cavalierly. At oral arguments, the Government could not identify any other fundamental constitutional right that a person could lose forever by a single conviction for an infraction punishable only by a fine. The federal government strips those with qualifying convictions of their fundamental right to have a firearm to defend themselves and their families. And if the individual was convicted in Missouri, we cannot be confident that the individual did not unjustly lose that fundamental right. Not Fake News The Sixth Amendment constitutional crisis in Missouri is real. I worked for the Missouri State Public Defender (“MSPD”) as a trial attorney in Columbia, Missouri. In just over three years, I handled over 1,000 cases – more than one case per day – ranging from trespass to murder in the first degree. I knew (well before the Missouri Supreme Court disciplined a career public defender) that handling that many cases would inevitably lead me to violate my ethical duties to my clients of diligence, competence, and communication. So, I left. MSPD’s situation has not improved since I left in 2010. In fiscal year 2016, MSPD’s 313 trial division attorneys opened 78,956 cases – an average of more than one case per workday per attorney.

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TWEETS OF THE WEEK

Highlights in 140 characters or less. Chuck Hatfield @chuckhatfield I woulda argued that saying “tall tree long rope” is not lynching. That would be tall tree - short rope. He wanted more of a leash to a tree type deal.

Carrie Tergin @CarrieTergin #JCMO is fortunate to have Senator @Mikelkehoe “Statesman of the Year” and his leadership! @MissouriTimes #MoLeg @MissouriSenate

PHOTO OF THE WEEK

Ryan Silvey @RyanSilvey “Don’t cry because it’s over. Smile because it happened.” -Sen. @JasonHolsman on the Floor, 1/4/2018

Jane Dueker @JaneDueker This is very important. The State Board is shut down until one more member is either confirmed or reappointed after session ends. That is a problem. #EducationShutdown

HOT LIST

SEN. GARY ROMINE SEN. ROB SCHAAF

The featured guest of the The dominant voice on the January 7, 2018 episode first day of session in the of TWMP received a bisenate, he made waves partisan thanks when with the action items on he made it very clear he his agenda for those on plans to block all State both sides of the issues, Board appointments. ranging from collateral source to ethics.

GOV. JAY NIXON

The former governor was welcomed back to the Capitol with open arms from leadership and statewides to have his official portrait unveiled, leaving a longstanding mark on the building.

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SUNDAY MORNINGS KANSAS CITY - 38 THE SPOT AT 10:00 A.M. ST. LOUIS - ABC 30 KDNL AT 11:00 A.M. SPRINGFIELD - MCN 22 AT 11:00 A.M. MID-MISSOURI - MCN 22 AT 11:00 A.M.

STREAM ONLINE AT TWMP.TV

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SILVEY LEAVES SENATE, JOINS PSC by Benjamin Peters

benjamin@themissouritimes.com

The Missouri Senate now has a vacancy, one that will be felt across the state. Sen. Ryan Silvey, one of the most ardent advocates of the “Old Senate” is no longer “of the Senate.” Instead, he now is a member of the Missouri Public Service Commission. “I am pleased to appoint Senator Silvey as a member of the PSC,” Governor Eric Greitens said. “He understands the need for all Missourians to have access to reliable and affordable energy.” “I am honored to be appointed by the Governor to this position of public trust. Governor Greitens understands that Missouri’s energy rates continue to climb while our infrastructure deteriorates. He is a forward thinker, committed to addressing difficult problems like this in a proactive way,” Silvey said in a statement. The Republican senator from Clay County was appointed to serve on the Missouri Public Service and take over the spot that will be vacated by the term-limited Commissioner Stephen Stoll. Commissioners serve six-year terms, and Stoll’s tenure expired on December 13. Both Silvey and former state senator Will Kraus were confirmed by the Senate on Thursday. Kraus is headed to the Missouri Tax Commission. The process of confirming the Governor’s appointees took little time, with President Pro

Tem Ron Richard sponsoring Silvey in the committee hearing. “In 2015, when I named Sen. Silvey as the Chairman of the Senate Committee on Commerce, Consumer Protection, Energy and the Environment, I placed a great deal of faith in his ability to navigate the complex issues the committee handles,” Richard said in a statement. “His knowledge about the utility industry has been evident over the last two years by the way he led discussions and debate in committee and on the Senate floor.” “This is a good fit for him, he already understands the issues because of his chairmanship, and I think he will be a great asset,” Richard said. Senate Majority Floor Leader Mike Kehoe jokingly asking Silvey if he would have ever expected for Richard to be sitting next to him and say such nice things about him. “We have had our differences,” Richard responded. “But that’s not to keep him from moving on with his career.” The nomination of Silvey by the Governor is an interesting one, as the Senator from Clay has at times been at odds with his party’s Governor, most notably when the organization pushing Greitens political agenda, A New Missouri, began attacking senators on social media. Silvey was reportedly on the list of senators who were next on the list after the attacks were issued against Sen. Rob Schaaf. Sen. Jamilah Nasheed asked Silvey how this

appointment came about.. “I would say it came about pretty unexpectedly, pretty quickly,” Silvey replied. “While the Governor and I have had our differences, energy policies are not one of those, we’ve never clashed on that. They called and asked if I would consider the position, and I was honored to do so.” On the floor, Sen. Jason Holsman said that the loss the chamber would feel was “palpable.” “There is honor in the self-sacrifice of his decision,” Holsman. “While I’m sad to see him go, I’ve got news for the folks who they think they know what kind of commissioner he will be. “He will be an independent commissioner, and he will do what he thinks is right.” Silvey has long been interested in utility legislation and has been a staunch supporter of utility modernization. Silvey served in the Missouri House from 2004-2012, where he made waves as the youngest House budget chair in the history of the state and the country. Serving as Budget Chairman in 2011 and 2012, Silvey guided the state through the “Great Recession” by balancing Missouri’s budget without raising taxes, and under his leadership, Missouri kept its AAA bond rating, one of just seven states to do so. He was then elected to the Senate in 2012 after a 52-48 victory over Democratic candidate Sandra Reeves to claim the District 17 seat. In 2017, he served as the chairman of the

Senate Committee on Commerce, Consumer Protection, Energy and the Environment, where his committee heavily debated proposed grid modernization legislation. During the first special session of 2017, Silvey, along with Sen. Doug Libla and Gary Romine, worked tirelessly to guide the proposed utility legislation through the House and to the Senate in a manner that both chambers could agree upon. The senator has also sponsored utility legislation himself, including a proposal in 2016 that sought to amend the state’s regulatory law so that utilities could expect quicker and more predictable returns for their investments in infrastructure. At the time, Silvey described the bill as a way to develop a modern system that “works for today’s issues.” Now, Silvey is taking his experience down the street to the Governor’s Office Building, where he will take his seat at the table with the other commissioners, which consists of two Democrats, Chairman Daniel Hall and Commissioner Maida Coleman, and two Republicans in Commissioners Scott Rupp and Bill Kenney. “The decision to leave the Senate early is bittersweet and one I never anticipated, outside of the context of another race, nor one taken lightly,” Silvey tweeted. “Being a Senator has been a great honor and I will miss it, but I appreciate Gov. Greitens asking me to serve Missouri in this new capacity.”

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Freshman Senators Rowden, Hoskins step up to committee chairmanships by Alisha Shurr

alisha@themissouritimes.com

Two freshman Missouri Senators are stepping up to committee leadership. Senate President Ron Richard, R-Joplin, announced Sen. Caleb Rowden, R-Columbia, as Chairman of the Government Reform committee and Sen. Denny Hoskins, R-Warrensburg, as Chairman of the Veterans and Military Affairs committee. “I am very excited,” Hoskins said. “Veterans issues are very important to me.” Hoskins served in the Missouri Army National Guard where he received an honorable discharge in 2000. His Senate district — 21, which covers Caldwell, Carroll, Howard, Johnson, Lafayette, Livingston, Ray and Saline counties — has a strong military presence, encompassing Whiteman Air Force Base, Warrensburg Veterans Home and the Higginsville Veterans Cemetery. “Veterans and their families have made so many sacrifices,” he said, “not only to our country but to our state and I want to make sure their ideas and concerns are heard.” The eight-member committee currently has two vacant seats. Sen. Wayne Wallingford, R-Cape Girardeau is Vice-Chairman for the

Veterans and Military Affairs committee. Elected to the Missouri Senate in 2016, Hoskins, a Certified Public Accountant, currently serves as the Vice-Chairman of the Agriculture, Food Production and Outdoor Resources committee. He also is a member of the Insurance and Banking, Appropriations and Economic Development committees. Rowden, also elected to the state Senate in

He served on the committee in 2017 and “came to understand its critical importance in working through important litigation and education reforms.” The Government Reform committee handles various types of legislation, including tort reform and education reform measures. Sen. Dave Schatz, R-Sullivan, is ViceChair of the seven-member committee. Rowden was also named to the Appropriations committee, which is responsible, in part, for crafting the state’s budget. “It’s an honor to have been given a role in this critical process,” said Rowden. “I look forward to working with my fellow Senators to prioritize funding for education and job creation as well as much-needed infrastructure upgrades; areas of our budget that grow the economy and improve the quality of life for every Missourian.” Rowden also serves as Vice-Chairman of the Professional Registration committee; is a member of the Appropriations, Insurance and Banking, Economic Development committees; and is part of the Joint Committee on Education.

“Veterans and their families have made so many sacrifices,” Hoskins said, “not only to our country but to our state and I want to make sure their ideas and concerns are heard.” 2016, is replacing Sen. Ed Emery, R-Lamar, as Chairman of the Government Reform committee. Emery was named Chairman of the Commerce, Consumer Protection, Energy, and the Environment committee. “I look forward to working with our committee to advance many of these important measures and working to grow the state’s economy,” Rowden said.

HOUSE SPEAKER: No reason to decouple Missouri’s tax code by Alisha Shurr

alisha@themissouritimes.com

The Missouri Republicans kicked off the legislative session in typical fashion, with taxes being a point of discussion. In an press availability on Wednesday, House Speaker Todd Richardson stated Missouri’s taxes should not be decoupled from the federal code. Missouri is one of several states that links federal income tax changes to the states tax code. Richardson’s stance falls in line with the state treasurer’s. “By nearly doubling the standard deduction we can provide more tax relief to hardworking Missourians from all walks of life,” Eric Schmitt said in a news release in December Richardson stated that he saw no reason to decouple and “reduce the tax cut for Missourians.” President Donald Trump signed into law just before Christmas a significant overhaul of the federal tax code. The plan includes the near doubling the standard income deduction. Under the Tax Cuts and Jobs Act the standard deduction will increase from $6,500 to $12,000 for individuals and from $13,000 to $24,000 for couples. Since Missouri’s code is linked with the federal code, the state’s standard deduction will also significantly increase. This move would decrease state revenue, though by how much is still up for debate. Missouri Department of Revenue Director Joel Walters projected the loss of revenue at less than $100 million and Richardson described the federal tax cut as “a manageable hit” to the state budget.

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Love reneges on oath to abide by ethics committee decision, citing confusion by Benjamin Peters

benjamin@themissouritimes.com

JEFFERSON CITY, Mo. – State Representative Warren Love will not be punished for his controversial post on social media, but the one thing that seems certain is the emotions felt from every side involved in the ethical proceeding. Everyone is confused. Rep. Love is still reeling from the conclusion of the three-hour Thursday afternoon hearing, telling members of the media he was confused when he said that he would accept whatever decision the House Committee on Ethics would deem appropriate. “I was confused,” he repeated over and over again. Rep. Marsha Haefner was confused as to why the Democratic members of the committee motioned for an investigative hearing into the matter after their previous motions failed to bring about any definitive outcome. Rep. Kevin Austin was allegedly confused and misinterpreted the procedure, leading to Rep. Love’s decline to accept the committee’s reprimand. Rep. Gina Mitten is confused as to how and why Love and his counsel can be confused, having had months to prepare for this preliminary hearing. She also wonders why a man who is confused by such matters is considered competent enough to handle legislative affairs. And still, others are, quite simply, just confused by the entire proceeding. But first, let’s back up. The Thursday afternoon ethics hearing stems from a Facebook post back in August when Rep. Love wrote that he hoped the people responsible for vandalizing a Confederate monument at the Springfield National Cemetery would be “found and hung from a tall tree with a long rope.” At a time when state lawmakers were already debating action against Sen. Maria Chappelle-Nadal for his social media post in which she stated she hoped President Donald Trump should be assassinated, African-American legislators and Democrats called for action to be

taken against the Republican representative from Osceola for his comments, which many members implied to be a call for lynching and violence with racial undertones. “Vandalizing property is wrong, but hoping for people to be hung/lynched over it?? Way over the line!!” Rep. Shamed Dogan, the only black Republican in the state legislature tweeted. “What is wrong with us #moleg?” House Minority Leader Gail McCann Beatty, D-Kansas City, called for Love to resign, saying that while vandalism is a crime, the punishment for that crime is not “extra-judicial murder.” But while the Democrats asked for action, it

took a long time for the opportunity to address the matter to finally arrive. The complaint against Love finally appeared before the House Ethics Committee on Thursday, where a threehour hearing produced no real punishment for the legislator’s actions and words. Pleading his case before the committee, Love’s attorney, Melvin Lee Gilbert of Buffalo, Mo. argued that Love’s comments were related to punishment, not a matter of race. He told the committee that his client, whom he was not charging for his services, seemed to be treated worse than the criminals who had perpetrated the crime of vandalism would have been. “Love is not a racist,” his attorney stated. Members of the panel questioned both Rep. Alan Green and Beatty, the two who had filed complaints, before turning their sight upon Love, who had remained seated and silent in the back of the room throughout the first portion of the hearing. Green addressed the committee, speaking

Love’s Democratic opposition hits ‘Lyin’ Love’ after ethics hearing

about a mutual love for history from both himself and Love. But as the chairman of the Legislative Black Caucus, Green also spoke of the offense felt by himself and others due to Love’s post. “I was shocked,” Green said. “Those are not the conversations I have with Warren. That’s not the piece I know.” “This is the past, and the present, too,” he added, speaking to the history of the terminology. “I know that history because it was passed down. What offends one may not offend another.” Green also urged the committee to action, saying that as a legislature, “we should do better.” Speaking with passion, Beatty implored the committee to take action, saying that “vandalism is against the law, but so is a lynching.” “It’s disturbing to think that he thinks lynching is an appropriate punishment,” Beatty told the 10-member committee. “Rep. Love called for a lynching, and four months later, he still doesn’t understand. “This is not a free speech issue because incitement to violence is not protected.” After hours of questioning, including a particularly thorough and grueling inquisition by Rep. Gina Mitten, the committee was left with three choices: dismiss the complaints, order an investigative hearing within 45 days, or agree to a consent order with Love. Having taken an oath upon first testifying, Love replied to the panel that he would submit to the mercy of the panel, which carried three options: either a formal statement of disapproval, a statement of wrongdoing, or censure, which would require a vote by the entire House before Speaker Todd Richardson would decide which punishment to land upon Love’s shoulders. A censure could have meant removal from committees and a loss of speaking privileges in the House, similar to what Sen. Chappelle-Nadal received back in September.

“Are you as embarrassed as I am?” Chase Crawford, Rep. Warren Love’s announced Democratic opponent for 2018, asked in response to a three-hour hearing over a Facebook post. The Thursday afternoon ethics hearing stemmed from Rep. Warren Love, R-Osceola, posting in August that those responsible for vandalizing a Confederate monument should be “found and hung from a tall tree with a long rope.” Under oath, Love said he would submit to the mercy of the panel. However, when the committee voted 6-4 for a written reprimand, Love declined to accept the decision. “He didn’t keep his word — and where I’m from — your word is your bond,” Crawford said. Crawford, a Democrat, is running for Love’s seat in the Missouri House of Representative. District 125 includes Benton, Cedar, Hickory and St. Clair counties. Crawford is on the Hickory County Board of Commissioners, an auctioneer and a self-proclaimed Freemason. Using the hearing as pedestal in the race, Crawford stated, “When the voters in my area talk with me, we discuss roads and the opioid epidemic, the rising costs of healthcare, and how we don’t mind paying taxes as long as they being put to good use. “Today, representative Warren Love wasted my tax dollars — and yours too.” Friday morning, he hit again, reaching out to his email list talking about “Lyin’ Love.” “Warren Love has called for a lynching,” Crawford emailed. “He has lied under oath. He said Abraham Lincoln was a tyrant and called a black man a ‘negro.’ Lyin’ Love disregards this all as ‘cowboy talk.’ It’s not. A cowboy is honest. A cowboy’s word is his bond. And prancing around Jefferson City in a cowboy outfit doesn’t make you one. I’d even guess that lying to the other cowboys is a good way to get yourself tarred and feathered. “This is not 1858. It’s not even 1958. It’s 2018.”

LOVE | CONTINUED ON 12

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by Alisha Shurr

alisha@themissouritimes.com

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Official portrait of Nixon unveiled by Alisha Shurr

alisha@themissouritimes.com

In a day that “belongs to Governor Nixon,” local dignitaries gathered at the Missouri Capitol to unveil the portrait of the state’s 55th chief executive. “From out state parks to our factory floors, from our small schools to our biggest universities, Jay Nixon made a difference,” Sen. Gina Walsh, D-Bellefontaine Neighbors, told a standing-room-only crowd. “Without a doubt, he left Missouri a better place than when he found it and for that we are extremely grateful — well done.” Jeremiah “Jay” Nixon was recognized Thursday with his official portrait honoring his service as Missouri’s governor. Todd Richardson, Speaker of the House, said, “Good people in public office make a difference and I am proud to have had the chance to serve with a good person in the governor’s office.” Nixon spent 30 years in elected positions. “I am grateful for the opportunity provided to me by the people of our great state,” Nixon said. He served six years in the Missouri Senate, 16 years as the state’s attorney general and eight years as governor. “All these pictures make up a portrait of a

man who loves Missouri and the people who live and dwell here,” Walsh said, describing Nixon’s time visiting Joplin in the wake of the 2011 tornado, fighting every day for every job and the miles he traveled hiking and canoeing in Missouri. “My rule and credo was very simple,” Nixon stated, “if it was fair and right and best for the people of our great state. We focused on making things better for generations to come.” Nixon went on to describe his administration as endeavoring to improve the lives of people who would never know what he did or who he was. “Decades from now kids will come to this Capitol for tours and they will look at these portraits and they may not know who each governor was or exactly what they did but maybe, just maybe, they will get the sense that they, like all of us, are part of something that is larger than ourselves,” Gov. Eric Greitens said. The Missouri River and the state’s Capitol building can be seen in the background of a smiling Nixon in the portrait that will join 54 others in the Capitol. “It was a challenge balancing the status of the office with his personality,” painter Bill Neukomn described. “I know it’s not typical of official portraits, but I decided to go with him smiling because that just seemed part of who he is.”

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Riddle aims to revamp Missouri’s boards and commissions

ROMINE PLANS TO BLOCK SBOE APPOINTMENTS by Alisha Shurr

alisha@themissouritimes.com

This Week in Missouri Politics dives right into the issues regarding the state Board of Education in the first show of the year. “The most important thing about the state Board of Education is it should be an independent entity,” Sen. Gary Romine tells Scott Faugn. While the General Assembly was in recess, Gov. Eric Greitens made 10 different appointments to the Board of Education in an effort to get the necessary votes to oust the Education Commissioner. Margie Vandeven was removed Dec. 1. “It’s embarrassing to know someone was hidden until the last fifteen minutes before the final meeting was to start, sworn in and within five minutes was taking to vote to ousts the commissioner,” Romine said. “I will block those five nominees.” The Opinion Maker Panel — David Barklage, Wendy Norwald, Rep. Bruce Franks and Dave Cook — didn’t shy away from the topic. “This shows the inability to understand how politics works,” Cook said. Though the case was made that the governor’s recent move, withdrawing and resubmitting the appointees, was an effort to work with the Senate and give them more time. The Panel also talked about the House ethics hearing for Sen. Warren Love, Franks not putting his hand on his heart during the Pledge of Allegiance, Ryan Silvey’s appointment to the Public Service Commission and other important topics. Find your listings at twmp.tv. The show can be streamed online at twmp.tv Sundays after 11 a.m.

Greitens withdraws, reappoints five members to the State Board of Education by Alisha Shurr

alisha@themissouritimes.com

The governor of Missouri withdrew — and then reappointed — five members to the State Board of Education. In a press release, Gov. Eric Greitens announced that the move was intended to give the Senate “extra time” to evaluate the nominees. The release was sent minutes before the Senate was scheduled to gavel in. “We’re here to help teachers, students, and families succeed,” Greitens said. “We found a great group of leaders in our state to work with us. I appreciate the Senate reaching out, to let us know they want ample time to hear these appointees.” The five interim appointees — Eric Teeman, Eddy Justice, John “Doug” Russell, Marvin “Sonny” Jungmeyer and Jennifer Edwards — were withdrawn early Wednesday. At noon, the start of the 2018 legislative session, the same five members were resubmitted. “I know there is a desire among senators to be involved in this process and to give our advice and consent to well-qualified appointees,” Sen. Ron Richard, President Pro Tem, said in

the release. “Today’s action will free up extra time for the Senate to give prompt consideration to a number of the Governor’s other important interim appointees.” Appointments made while the General Assembly is in recess has 30 days from the beginning of session to be confirmed. Since the interim members were withdrawn and then resubmitted while the legislature is in session, the Senate now has until it adjourns in May to make the confirmations. “The Governor has nominated a number of high-quality individuals to a variety of departments, boards and commissions that are now before the Senate for approval,” said Sen. Mike Kehoe, Senate Majority Floor Leader. “I believe allowing the Senate additional time to weigh in on these very important positions on the State Board of Education was a positive decision by the Governor.” With this move, the productivity of the State Board of Education is in question. Appointments made while the legislature is in session must wait until confirmation to serve. Interim appointments are not held to the same restriction. This leaves the board with three active members — all confirmed under former Gov. Jay Nixon — and shy of a quorum.

by Alisha Shurr

alisha@themissouritimes.com

Legislation to restructure Missouri’s boards and commissions was filed in the state’s Senate on Tuesday. Sen. Jeanie Riddle, R-Callaway County, introduced four bills intending to implement some of the changes recommended by the Missouri Boards and Commissions Task Force. “My goal is to create a functioning and effective Boards and Commissions system,” Riddle said in a news release. The bills — SB 843, SB 844, SB 845 and SB 848 — would reduce the number gubernatorial appointments by 125 and grant appointment

“My goal is to create a functioning and effective Boards and Commissions system,” Riddle said authority to department and division directors responsible for boards and commissions that only serve an advisory role thus shortening the process of appointments and ensuring professionals retain a voice in their specific vocation. “Too often, the size of many of these boards and commissions make it difficult for these groups to effectively conduct their business,” Riddle said. “While many of Missouri’s boards and commissions meet regularly and serve vital roles, there are several that are outdated and no longer serve a purpose. It is my hope that this legislative package is the first step towards shrinking the number of gubernatorial appointments, and that it receives strong bipartisan support.” Riddle’s recommendations stem from a report released Oct. 31 by the Missouri Boards and Commissions Task Force. The task force, formed by Gov. Eric Greitens and led by Lt. Gov. Mike Parson, looked into more than 200 boards and commissions in Missouri. You can read their full report online at themissouritimes.com.

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State Board of Education rendered ineffective with Governor’s re-appointments, so what now? by Benjamin Peters

benjamin@themissouritimes.com

It’s time to talk about the Board of Education. It’s a topic that has been on the tongues of many in Missouri state government, thanks to Gov. Eric Greitens’ moves seeking to replace the state commissioner of education. The saga has been fairly heavily covered by the media outlets in the state, from the beginning to its current status. But this week, with the state legislature returning to the Capitol, the ongoing saga has taken yet another turn. With the announcement that the Governor had reappointed his five interim appointees to the Missouri State Board of Education, it seems that the Governor has rendered the board powerless, which has been confirmed by several senators this week. The Governor’s intent with the procedural maneuver was to buy his appointees more time to be confirmed by the Senate. Comments from President Ron Richard and Sen. Majority Leader Mike Kehoe were included a press release announcing the Governor’s reappointing of his nominees, stating the following: “I know there is a desire among senators to be involved in this process and to give our advice and consent to well-qualified appointees,” Richard said. “Today’s action will free up extra time for the Senate to give prompt consideration to a number of the Governor’s other important interim appointees.” “The Governor has nominated a number of high-quality individuals to a variety of departments, boards, and commissions that are now

before the Senate for approval,” Kehoe said. “I believe allowing the Senate additional time to weigh in on these very important positions on the State Board of Education was a positive decision by the Governor.” But during a Wednesday afternoon press availability, Richard’s responses to questions concerning the matter of the appointments boiled down to one sentiment: protecting the

ability to do our job and do what we do, regardless. When asked what he would do with the appointees now that they have been resubmitted, Richard simply replied: “I guess you’ll have to wait and see.” But even if the nominees are given a hearing, they must first receive the approval of the Senate Committee on Gubernatorial Appointments, which is chaired by Richard. From there, it would be up to the Senate to confirm the picks on the chamber floor, which could be more easily said than done. As stated earlier, some senators have already shared their intent to block the nominees, the most notable of which is Sen. Gary Romine, who chairs the Senate Committee on Education, and Sen. Rob Schaaf, who has been at odds with the Governor since the past legislative session when the Republican governor’s organization, A New Missouri, issued attack ads against him on social media. While speaking on the floor on the first day of the legislative session, both men once again affirmed their intent to obstruct the path to confirmation for the Governor’s nominees. Romine said that “in spite of the conversations we have had, the same names were reintroduced later that same day.” Romine said that the process was carried out in such a way that the Senate was going to

“Governor, give us five new names to begin working on, and we’ll get on with the process,” Romine said. “This is on the Governor.” right and duty of the Senate at all costs. “I’ve taken exception to all governors, Republican or Democrat, pushing in on the business of the Senate and the House,” Richard said. “When you have a quasi-independent board, I think that could’ve been handled better. I’d have been more than happy to help him if he had so engaged us.” When asked about a potential filibuster that several senators have alluded to, Richard said that was assuming he would have a hearing for the appointees and send them out. “Don’t ever take out my ability to do the business of the Senate,” Richard said. “I’m going to protect the Senate at all costs, and our

have to evaluate the process for all boards. “A problem has been exposed on the process of appointments for our boards and commissions, and we need to fix the issue so we are not going to see this in the future,” Romine said. “It’s been abused. It’s got to stop.” The move means that just three of the eight board members are officially active members, but in essence, the five people appointed by the Governor now have no power to make decisions on the board until the Senate confirms them. “That has now created an environment, so the body knows, that there is not a quorum for the State Board of Education to meet until any confirmations take place,” Romine said. In short, the board cannot conduct any official business, whether it be with the search for the next commissioner, the renewal of any school charters, accrediting local school districts or establishing requirements for education, testing, and assessment, or even submitting annual budget recommendations to the Missouri Legislature. Schaaf stated that the Governor had been warned in advance of the repercussions of withdrawing and reappointing the nominees, but said the Governor went ahead and did it anyway. “When the Governor sends his message to us, which he did in the journal, according to the Constitution of Missouri, if he hadn’t withdrawn those names, we would have had thirty days in which to act. And if we failed to confirm, then they would be forever barred from being in that position,” Schaaf explained.

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“And the idea here is that the Governor couldn’t just go ahead and appoint them after. But given that he withdrew them, now they are not allowed to act in their official capacity because he withdrew them, they’re no longer on the board. Now that we’re in session, they’re not allowed to act until we confirm them. And now we have until the end of the session to confirm them, and if we don’t do that, then they are forever barred from being on the Board of Education.” Schaaf further explained that, now that the appointments have been sent to the Senate, the Governor cannot withdraw them. The Senate can send them back, but it requires action from their chamber to do so. “If we send them back, however, there would be nothing stopping the Governor from reappointing them the day after session,” Schaaf said. “We can’t allow these appointments to go back.” “These five only came on the Board because they were willing to make a particular vote that the Governor wanted them to make,” Romine said. “To me, that should put them in a position to be denied the opportunity to serve on the state board, which requires critical thinkers and think based on the own facts and values of the particular issue and not be a puppet of the Governor.” “Right, and they have been proven to be puppets of the Governor, and he has shown that he is willing to remove them when they don’t do his bidding,” Schaaf said. Following the discussion between Schaaf and Romine, Sen. Jamilah Nasheed rose to inquire of Romine, asking if he was willing to go so far as to block the appointments. Romine replied he was. “We don’t have a quorum, so the education board is totally shut down,” Nasheed stated. “They can survive the next five months without a board meeting,” Romine said, noting that the board is only required to meet twice a year. “What if there’s an emergency? They will not be able to function,” Nasheed asked. “To me, it’s an obstructionist move.” “I’m not letting something bad pass just to get something done,” Romine responded. “Our contingent is that if we’re going to have a state board, then it’s going to be people who “Governor, give us five new names to begin working on, and we’ll get on with the process,” Romine said. “This is on the Governor.” But the timing of this all happening is perhaps the most interesting part: it all arrives just days before a public hearing to get input on the traits they want to see in the next commissioner of education. The following day, Tuesday, Jan. 9, the board was scheduled to meet to narrow the field of applicants, which reportedly only consists of one application at this time, and decide whether to extend the application process or hire a group to conduct a national search. But without enough members for a quorum, the Department of Elementary and Secondary Education was forced to issue a news release on Thursday, stating that the board meeting has been canceled for that very reason.

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Mitten put forth a motion to censure Love, which was defeated with a 5-5 vote down party lines. Mitten then took the second option, moving that the committee recommend a written reprimand. That measure passed with a 6-4 vote, but when asked if he would accept the decision, Love declined. That’s when Mitten motioned for the only option left: ordering an investigative committee. But her fellow committee member, Rep. Haefner, questioned why they should do it since they had already established all of the facts of the case in the hearing they were currently holding. Rep. Peter Merideth answered, saying that, at the very least, a hearing would give the public a chance to weigh in on the matter. But that measure failed with another 5-5 vote, with members voting party lines once again. With no other motions to make the hearing was adjourned, and the only potential outcome is that the committee will send its report to the House. Following the hearing, Beatty issued the following statement, saying that Love had dishonorably broken his word by not accepting the sanctions. “Because of a procedural misinterpretation by the committee chairman, Rep. Love’s cowardly reversal essentially made the committee’s reprimand disappear, at least on paper. But we all know what really happened,” she stated. “As a result, I will ask Speaker Todd Richardson to follow the will of the committee majority and exercise his authority to immediately remove Rep. Love from all committees.” Rep. Mitten told reporters that it was a cowardly move by the Republican representative and that his word meant nothing to her anymore. When reporters asked Love for his reaction, and why he had declined to submit to the sanctions after previously agreeing to abide the committee’s decision, he replied he was confused and hadn’t properly understood the question. “I was confused on how I should have answered, I should have said ’no’ the first time,” Love said. “I’m confused, they’re confused, and I can’t honestly tell any one of you what happened. We do know it’s not going to go forward in the way of public hearing, but I think there’s a lot of confusion or unknown about the process.” When asked if he believed that he deserved any form of reprimand, Love responded, saying that he did not feel that he “deserved any form of condemnation.” “Unfortunately, because Rep. Love decided to go back on the word that he gave this committee under oath, there is no punishment. There will not be a punishment contained in the report issued by this committee,” Mitten said. “But it’s really important to note that the Speaker has always had the authority and the ability to institute a punishment for Rep. Love. The fact that he has basically punted on that for so long is disconcerting, to say the least. I’m certainly very disappointed. “But the Speaker still has the ability to do what I recommended in all of my motions; namely, remove Rep. Love from his committees.” A video of the hearing can be found at themissouritimes.com.

Sharing stories of risk and success in the business world

Fitzwater launching ‘The Big Risk Podcast’

Rep. Travis Fitzwater is a man of many talents, but his latest project signals yet another one that many might not have known about. The Holts Summit state representative has been putting together some of the topics he is most passionate about, with one of the mediums he loves: podcasting. Fitzwater is launching a brand new podcast where he will highlight entrepreneurs and founders of businesses. It’s called “The Risk Big Podcast,” which will feature entrepreneurs and leaders sharing their stories of how they took a shot and made it big. “I’ve been talking to my wife and my friends about doing this for awhile,” Fitzwater said. “I finally started recording in October, with some friends and mentors who were inspiring to me, and maybe we can inspire some people who don’t have the gumption yet. And that’s the premise behind: to inspire people to do what they’re passionate about.” Fitzwater will be the first to tell you that he’s no expert in starting a business, having started a few of his own which, as he puts it, “haven’t lasted.” “I did some consulting, but I wasn’t focused enough to keep it going during other life pursuits… big risk life pursuits,” Fitzwater wrote. “If you’re like me, you can’t stop thinking about opportunities. You’re thrilled with the idea of creating something that will provide value to a market of people. You’re even more thrilled with the idea of doing something you’re passionate about. All the possibilities make you ecstatic.” And this podcast marks any opportunity that Fitzwater is ecstatic about. Through it, he gets to explore the world of podcasting as well as that of business and entrepreneurship, while at the same time working with some of his family members to follow a passion. Fitzwater doesn’t have much experience actually producing a podcast, but to undertake this latest venture, he has enlisted his brother

to help record and edit the podcasts as his audio engineer, and his brother’s stepson to take show notes and provide timestamps for each subject. He says that he hopes the podcast will help people take the leap to do what they love with five steps: • Boost your confidence to start • Learn the skills it takes to get off the ground • Avoid mistakes learned by founders • Hear about success and failure • Be encouraged by the results of risk takers Fitzwater says that he hopes to publish a new episode every Monday, but his goal right now is to publish at least a season of 15 episodes, which he says he believes he has roughly eight ready to release. As for guests, he says it’s about whomever he can get through networking, someone with a story to tell. In the first three episodes, which have already been released in iTunes, the podcast features Clyde Lear of Learfield Communications, Shawn Burcham of Pro Food Systems, and Gabriel Hulsey of Redwood Financial Group. He says he has some more already coming down the pipeline, including a PGA golfer and a female venture capitalist, which he’s very excited to share. “It’s fun to do, and to talk with these people about how they have found success in their own way, to do what they love,” he said. “I just hope that hearing these stories of normal people finding ways to be successful will encourage them to go out and do the same.” The podcast takes up a good portion of his free time, which is obviously limited due to the legislative session returning next week and young daughters at home, but Fitzwater says it’s simply something he enjoys doing and is passionate about. “It’s kind of messy to do what you love, but it’s worth it,” Fitzwater said. “It’s really kind of a labor of love.” You can find the new podcast in the iTunes store or at www.riskbigpodcast.com.

The Missouri Times

EVERYTHING YOU NEED TO KNOW ABOUT UPCOMING ELECTIONS FINANCES, OPPONENTS, AND MORE STATEWIDE, SENATE, AND HOUSE

2018 TIP SHEETS

ONLINE AT THEMISSOURITIMES.COM

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THINGS THAT HAPPENED LAST WEEK

1. PSC rules on Empire Districtâ&#x20AC;&#x2122;s hedging practices, opens case to look into effects of new tax reform 2. Rep. Sue Meredith declares she will not run for re-election 3. Gov. Eric Greitens pulls his nomination of Jason Crowell to MHDC 4. Sen. Gary Romine joins TWMP. 5. Fire Fighters endorse Sam Gladney for HD 87. Read on these and more online at www.missouritimes.com. Email your news to pressreleases@themissouritimes.com

The Missouri Times

Lobbyist Moves Courtesy of the Gate Way Group

Former Cruz chief joins Axiom’s PR arm as new president Axiom Strategies, the largest Republican political consulting firm in the country, announced the hire of David Polyansky, a veteran political operative who most recently served as chief of staff to Senator Ted Cruz. Polyansky joins Axiom Strategies as president of Clout, a public affairs firm under the Axiom umbrella. Clout serves eight Fortune 50 companies, over 20 publicly-traded companies, and more than 100 business and trade organizations on federal, state, and local issues, and has already gained a nationwide reputation for helping clients reach their goals. As President of Clout, Polyansky will oversee Clout’s efforts nationwide. This includes lobbying, strategic communications, grasstops outreach, branding, media analysis, media relations, comprehensive competitor research, crisis management, media buying, digital messaging, digital advertising, direct voter contact, and association management. “I am thrilled to hit the ground running as president of Clout,” Polyansky said. “Axiom Strategies is known nationwide for its incredible record of winning campaigns, and to take those the skills and use them in the corporate world

with Clout Public Affairs changes the game.” “The team at Clout is well-known for their layered understanding of state and federal issues affecting businesses and corporations, and with David Polyansky at the helm, there’s no limit to what they can achieve for a clientm” Jeff Roe, Axiom’s founder and CEO, said. “They have the knowledge, the network, and the hustle to meet every client’s goals in a time-

ed to have David Polyansky join Clout as president. We take our campaign discipline, our extensive local and federal networks, and strategy acumen and put it to work for our corporate clients,” said Aaron Baker, Vice President of Clout. “These factors enable us to deliver when a lot of our competitors can’t.” The announcement of Axiom’s formation of Clout and Polyansky’s leadership of it comes on the heels of the introduction of Remington Research Group, an in-house polling firm; the acquisition of High Cotton Consulting, a fundraising firm; the introduction of Axiom’s Direct Voter Contact division and the formation of AxMedia, Axiom’s media buying firm. Axiom has also recently announced the acquisition of Cannon Research Group, a research firm, and Revolvis, a full-scale political consulting firm with a strong West Coast presence. With the addition of Cannon Research Group and Revolvis, Axiom Strategies now has offices in San Diego, San Francisco, Sacramento, and Seattle, as well as offices in Kansas City, Houston, Austin, Columbus, Annapolis, and Washington D.C. (PHOTO/ FACEBOOK-DAVID POLYANSKY)

“They have the knowledge, the network, and the hustle to meet every client’s goals in a timely manner,” Jeff Roe, Axiom’s founder and CEO, said. “In a short time, the Clout team has made a big impact in public affairs, and with David’s leadership, we can’t wait to see what 2018 will bring.” ly manner. In a short time, the Clout team has made a big impact in public affairs, and with David’s leadership, we can’t wait to see what 2018 will bring.” “What makes Clout unique is the depth of experience the team has both in government and campaigns, which is why we’re very excit-

Changes on: 01/05/2018 Richard M Aubuchon Added PROPERTY CASUALTY INSURERS ASSOCIATION OF AMERICA Jacqueline M Bardgett Added DIAMOND GAMING ENTERPRISES INC Jacqueline M Bardgett Added HABITATS OF MISSOURI Jacqueline M Bardgett Added CITY OF ST LOUIS Jacqueline M Bardgett Added SECURE DEMOCRACY John E Bardgett Jr Added DIAMOND GAMING ENTERPRISES INC John E Bardgett Jr Added HABITATS OF MISSOURI John E Bardgett Jr Added SECURE DEMOCRACY Tom Dempsey Added CITY OF ST LOUIS Tom Dempsey Added REGIONAL STRATEGIES Scott Dieckhaus Added MISSOURI SOLAR ENERGY INDUSTRIES ASSOCIATION MOSEIA Erika Leonard Added ALTERRA WORLDWIDE Erika Leonard Added DIAMOND GAMING ENTERPRISES INC Erika Leonard Added HABITATS OF MISSOURI Erika Leonard Added ST LOUIS CONVENTION AND VISITORS COMMISSION Erika Leonard Added SECURE DEMOCRACY John R Parris Added DIAMOND GAMING ENTERPRISES INC John R Parris Added HABITATS OF MISSOURI John R Parris Added SECURE DEMOCRACY Jewell D H Patek Added ASSOCIATION OF MISSOURI ELECTRIC COOPERATIVES Jewell D H Patek Added KANSAS CITY HOME BUILDERS ASSOCIATION Jewell D H Patek Added MILLER COMPANIES Jewell D H Patek Added HEAVY CONSTRUCTORS ASSOCIATION OF GREATER KANSAS CITY Jewell D H Patek Added SAINT FRANCIS COMMUNITY SERVICES Chris Roepe Added DIAMOND GAMING ENTERPRISES INC Chris Roepe Added HABITATS OF MISSOURI Chris Roepe Added SECURE DEMOCRACY Josh Schisler Added CONSERVATIVES AGAINST THE DEATH PENALTY Gary Wheeler Added BIODIESEL COALITION OF MISSOURI

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Support the Missouri First-Time Homebuyer Initiative Here’s how the program works:

Most Americans still dream of owning their own home. Homeownership strengthens communities, provides stability for families and helps build financial strength. But saving enough money for a down payment and closing costs is too hard for many Missourians—especially for young people and those looking to buy their first home. Low paying jobs, the cost of living and high student loan payments are tough obstacles to overcome. Many people don’t know where to start. That’s why we need the Missouri FirstTime Homebuyer Initiative—a new idea to help prospective homebuyers save for their first home.

• Individuals could deposit up to $1,600 ($3,200 for couples) annually into a savings account to go toward a first home purchase.

We should be doing more to help first-time homebuyers— not with government handouts but by providing incentives to encourage people to save more of their own money towards the cost of a home. That’s why we need to ask our legislators to approve the Missouri First-Time Homebuyer Initiative.

• The maximum amount that can be deposited over the life of the account is $25,000; the maximum total amount in the account is limited to $50,000. • Parents or grandparents can contribute to this account as well. • An amount equal to 50% of the annual contribution may be deducted from the contributor’s taxable gross income and any gain within the account would not be subject to state income taxes. • Money from the savings account would have to be used toward the purchase or construction of a first home.

Ask Your Legislator to Support the Missouri First-Time Homebuyer Initiative (HB 1796) Today! MissouriFirstHome.com MO_FTHB_MOTimes_9.75x11.indd 1

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