Opinion

To paraphrase Benjamin Franklin who when asked at the conclusion of the Constitutional Convention in Philadelphia what kind of government had been formed replied, “a republic if we can keep it!” As the General Assembly concluded the work of its annual session this past weekend the same kind of question could be posed as the changes in the Commonwealth’s laws and governance have been so profound. The answer I believe is a progressive state measured not by southern standards but by comparison to all the other states. At the ballot box the state over the last several years has gone from red to purple to blue. All statewide elected officials are Democrats, and both houses of the General Assembly have been controlled by Democrats since the elections in 2019. Far more meaningful than the partisan labels of elected officials are the changes that have taken place in the laws of the Commonwealth.

In the regular and a special session of the General Assembly last year, historic legislation was passed including ratification of the Equal Rights Amendment and lifting of barriers to abortion. Jim Crow era laws were repealed, and the Virginia Values Act prohibiting discrimination in housing and employment was passed. Bills to reduce gun violence were passed as were bills to reduce the school to prison pipeline. Criminal justice and policing reform bills were passed. And more.


Opinion

One of the meaningful traditions that has evolved in the Virginia House of Delegates over the last couple of decades has been the celebration of Black History Month by having a speech each day on the House floor about famous Black persons and their struggles and accomplishments in the Commonwealth. According to History magazine, Black History Month is an annual celebration of achievements by African Americans and a time for recognizing their central role in U.S. history. Also known as African American History Month, the event grew out of “Negro History Week,” the brainchild of noted historian Carter G. Woodson and other prominent African Americans. Since 1976 the month of February has been designated as Black History Month and is celebrated around the world, including in Canada and the United Kingdom.

Virginia has a unique role in Black history. The first enslaved Blacks arrived in Virginia in 1619, and the labors of these persons were central to the growth of the Virginia colony and then state. It was Black laborers who built the grand plantations’ homes and the institutions of higher education while themselves living in meager housing and refused entrance into public schools and colleges. It was Black slave labor that built the early Virginia tobacco economy while being denied all but the most limited income. Black persons supported the lifestyle of the most prominent Virginia families with no public recognition of their accomplishments. As significant as were Jefferson’s words that “all men are created equal” in the Declaration of Independence, they did not apply to the slaves in his household nor to the Constitution that counted them as 3/5ths of a person.


News

I have never known a politician who has not promised better schools, quality of life and safety. Although these standards are defined differently by the persuasion of the persons making them, the promises share one thing in common: to be realized fully will cost money. The true measure of an officeholder comes not in the promises made but whether that person is willing to put their money where their mouth is. I could not be prouder as a member of the House of Delegates and the Appropriations Committee of the budget passed in the House of Delegates last week. The Senate passed a very similar budget with the differences between the two to be resolved in a conference committee over the next couple of weeks.

While debate over the budget is most often about spending, discussions need also to take into account revenues and investments. There had been dire predictions about state revenues heading into the pandemic, but the loss in revenue has not been nearly as great as feared. In addition, federal monies coming to the state for education and for COVID relief helped make up for lost revenue. The Governor’s proposed budget already had more than a billion dollars in reserve, and the House added $150 million to that amount to soften the impact of a decline of revenue next year without the same level of federal relief.


News

In 1998 I chaired a task force of business and community leaders to collectively document what Northern Virginia needed to do to be an “EV Ready Community.” Our work was part of a national effort involving ten communities under the sponsorship of the U.S. Department of Energy and the Electric Vehicle Association of the Americas to prepare for the introduction of electric vehicles. Our inch-thick report was very comprehensive in detailing the infrastructure needed in charging stations, building and roadways, and other changes that electric vehicles would require.

We were ahead of our time. Within about a year of our report the first commercial electric car, EV1, was no longer available and other manufacturers were not offering electric vehicles. Move ahead less than two decades and electric vehicles are becoming commonplace in many areas. I even own one, and on trips in my community I always see more than one.


News

Updated at 7 p.m. with comment from Harmony

Several local assisted living and senior centers are advertising vaccinations if seniors make reservations for residencies, a marketing tactic that is raising concern among county and elected officials.


News

A new bill introduced by VA Del. Ken Plum of the 36th District would repeal mandatory jail sentences for second and subsequent misdemeanor larceny convictions.

Under current Virginia law, anyone who is convicted of a second misdemeanor larceny conviction is subjected to a mandatory jail sentence of at least 30 days (but not more than 12 months). A third misdemeanor larceny conviction is a Class 6 felony, punishable with at least a year in jail.


News

Under current Virginia law a person who steals something of value less than $1,000 can be punished by up to 12 months in jail with fines up to $2,500 along with any restitution that might be owed. As tough as that sentence may seem, if that same person commits another misdemeanor larceny of whatever amount less than a thousand dollars within any time frame in the future, that person under current law can be jailed for between 30 days and 12 months. A third or any subsequent offense at any time in the future results in a Class 6 felony with up to five years in prison.

Persons who practice law defending individuals facing such charges tell me that the accused are most likely to be poor, and the vast majority are homeless and/or mentally ill. Upping the penalties on such persons is neither just for the vulnerable persons involved nor does it make society any safer. With thanks to Justice Forward of Virginia (justiceforwardva.com) for bringing my attention to this injustice, I introduced HB2290 that is now making its way through the House to repeal the enhanced penalties.


Opinion

On the east side of Capitol Square near the Executive Mansion in Richmond is the Virginia Civil Rights Memorial featuring 16-year-old Barbara Johns who led the student walkout that resulted in a civil rights case before the Supreme Court as part of Brown v. Board of Education that found racially-segregated schools to be unconstitutional. With her on the memorial are statues of attorneys Oliver Hill and Spotswood Robinson who argued the case and representations of persons who faced repression throughout Virginia’s racist history.

On the west end of Capitol Square, near where the new General Assembly office building is being constructed, is a lone statue of Harry F. Byrd: Senator,  VA  (1933-1965), Governor of Virginia (1926-1930), and Virginia State Senator (1924-1926).


Opinion

Like most people, I will not be attending any inaugural events this year because of the pandemic restrictions and threats of civil disturbances. The event today does bring back wonderful memories of the first and only inauguration I ever attended. It was on January 20, 1961. In 1960 I had graduated from high school and had not gone to college because of doubts as to whether I could be successful. Instead, I was attending a short-term vocational program in Washington, DC and living in a single room in a boarding house just a half dozen blocks from the White House. Even then I had an intense interest in politics and followed the Kennedy-Nixon campaigns and debates intensely. I loved candidate and then President-elect John F. Kennedy as did millions of others. I was not about to miss the opportunity to go to his inauguration when I was living so close by.

On the day before the inauguration, temperatures dropped to 20 degrees and eight inches of snow fell. I got up early Inauguration Day and literally put on all the clothing I owned and started a trek to the US Capitol on foot. Workers directed by the Army Corp of Engineers had been working throughout the night to haul away as much of the snow as possible from Capitol grounds and Pennsylvania Avenue. The military had brought in flame throwers to melt some of the snow and ice. More than a thousand cars that had been stranded in the area had to be removed


News

Last Thursday’s one-word headline in the Richmond Times Dispatch was in such a large font that it extended across the entire width of the newspaper: INSURRECTION. The generally conservative newspaper that was in its history the mouthpiece of massive resistance against school desegregation could have termed the events at the United States Capitol the previous day a riot, a disturbance, or a protest. That they and many others chose insurrection as the best description of what happened is an indication of the seriousness of it.

No one expressed the situation better than Senator Mitt Romney in his prepared speech delivered at the Capitol as soon as the insurrectionists had been forced out: “We gather today due to a selfish man’s injured pride and the outrage of his supporters whom he has deliberately misinformed for the past two months and stirred to action this very morning. What happened here today was an insurrection, incited by the President of the United States.”


Opinion

I can remember every word of the conversation as if it took place yesterday, but it happened in 1959. I am reminded of the talk as the person speaking to me, Mrs. Lena Kite, passed away last week at age 94. She was the first person to hold the position of guidance counselor at then Shenandoah High School. She called me into her office one day just as I was entering my senior year of high school. She said, “Kenneth (no one called me Ken in those days), it is time for you to think about applying to go to college.” I was dumbfounded! I hardly knew how to respond. I finally uttered, “I cannot go to college; no one in my family has ever gone to college.” She assured me that yes I could go to college.

Mrs. Kite changed the entire trajectory of my life that day. I was about to graduate from high school which was the expectation for me. My parents who taught me so much of the basics of life of honesty, decency, and hard work had themselves finished but a couple of years of schooling. They had not talked to me about college for it was beyond their knowledge and beyond what they thought could be their children’s aspirations. But Mrs. Kite in her new role as guidance counselor knew better and got me to thinking differently about my future. I owe her a great debt of gratitude and told her that the couple of times I saw her over the last decade when we talked about the two degrees I have. Her obituary said that in her role first as a teacher of typing and shorthand and later as guidance counselor she touched the lives of more than 6,000 children. I am sure she had as equally a positive impact on them as well.


Opinion

In two weeks the General Assembly will convene for its annual session that will mark 50 years since the people voted to ratify revisions to the Jim-Crow-laden Constitution of 1902. Up until those revisions, the state legislature met only every other year. The revised Constitution provided for annual sessions to be sixty days in the even-numbered years and thirty days in the odd-numbered years with a provision that any session could be extended up to half its length by a two-thirds vote of the members. Full sixty-day sessions have run over a day or so but have not been extended; thirty-day sessions have always been extended to 45 days to get the work done. The minority party leadership in both houses has indicated that they will not vote to extend the session this year. Not only will the session be shorter, but it will also operate under the restrictions of the pandemic. The House will meet virtually by Zoom, and the Senate that has the smaller number of members will meet partly in Richmond and partly by Zoom. Much business is on the agenda, and careful planning is essential to having a successful session.

The agenda will be full. The budget will need to be revised to reflect the changes brought on by the pandemic. Criminal justice reform that got underway this year has remaining work to be done. Climate change continues, and we must do our part to combat it. Help needs to be given to the unemployed and the homeless or those under threat of eviction. The list is long.


Opinion

In accepting the Democratic nomination for president, Franklin D. Roosevelt promised a “new deal” for the “forgotten man.” In the midst of the Great Depression the country responded to Roosevelt’s promise by electing him president four times. The ensuing legislation in the first hundred days of his administration and throughout the subsequent years as president produced a new deal that transformed the government from a laissez-faire approach to a broader role of government in the economy.

Dozens of bills over as many years set up new agencies of government including the Civilian Conservation Corps (CCC) and the Works Progress Administration (WPA) that put people to work on public projects, the Agricultural Adjustment Administration (AAA) that provided cash subsidies to farmers while controlling the production of staple crops, and the Tennessee Valley Authority (TVA) that provided cheap electricity and flood control over seven states. The Federal Deposit Insurance Corporation (FDIC) and the Securities and Exchange Commission (SEC) acts moved the federal government actively into monetary policy. There are many more.


Opinion

The Constitution requires that after the federal census every ten years there is to be a reapportionment of legislative districts based on population growth and shifts reflecting “one-man, one-vote.” Virginia voters made history this year by approving a constitutional amendment establishing a Redistricting Commission. With Virginia having elections in odd-numbered years including in 2021 elections for governor, lieutenant governor, attorney general and members of the House of Delegates, Virginia is on a fast track to get the Commission underway.

In the special session that ended in October, the General Assembly passed enabling legislation to establish the Commission by November 15. Already the eight legislators who will be on the Commission have been named as well as the retired judges who will participate. In all instances of appointing members, consideration shall be given “to the racial, ethnic, geographic, and gender diversity of the Commonwealth.” The partisan leadership in the House and Senate who made the appointments were prohibited from appointing themselves.


Opinion

So it is in the Commonwealth of Virginia: the action of governance goes on. Since 1619 there has been a form of representative government in first the colony and now the state. The legislative branch, the General Assembly, has since 1971 been meeting every year; prior to that time the House of Delegates and the Senate met only every other year. The legislative sessions convene as prescribed in the Constitution on the second Wednesday of January for sixty days in the even-numbered years and for thirty days in the odd-numbered years unless at least two-thirds of the members agree to extend the session for not more than thirty days. The sessions have always been extended but by not more than 15 or so days. There is talk by the minority party of not agreeing to any extension of the session scheduled to start on January 13, 2021.

In addition to the regular session, there is a reconvened session beginning on the sixth Wednesday after the adjournment of the regular session to consider any bills returned by the governor with amendments or with a veto. The governor may call a special session “when in his opinion the interest may require” or when two-thirds of the elected members of both houses request it. There is a regular beat to the work of the General Assembly: regular session, reconvened session, special session. For even a part-time legislature, the work goes on!


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