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Thursday, January 28, 2016

Posted By on Thu, Jan 28, 2016 at 6:37 PM

click to enlarge Vermont Lawmakers Reach 11th-Hour School Spending Deal
Terri Hallenbeck
Senate Education Committee chair Ann Cummings (D-Washington) explains a compromise school spending cap to the Senate on Thursday.
Vermont lawmakers appear to have resolved a showdown over school spending caps just in time for local school boards to send next year’s budgets to the printers.

The Senate voted late Thursday afternoon for a compromise plan, and the House is expected to follow suit on Friday morning.

The two chambers were at odds over how to fix a school spending cap they enacted last year but that ended up hitting some low-spending districts harder than higher-spenders. The Senate wanted to ditch the caps. The House wanted some spending control in place.

The deal reached Thursday raises the cap by 0.9 percent for 2017, as the House wanted, but exempts districts that spend below the state per-pupil average from any penalties for going over the cap. Penalties for others that go over the limit will be 40 cents for every $1 over, instead of 25 cents as the House had sought.

The plan repeals these caps for 2018, though House Education Committee chair David Sharpe (D-Bristol) said he's committed to crafting some sort of new cost controls for 2018 before the session ends in May.

Lawmakers are still likely to get an earful at town meetings in March about how they left local school boards hanging, but the deal gives school boards some clarity as they pitch their budgets to voters. "We would at least like to let all the schools know what the rules are," said Senate Education Committee chair Ann Cummings (D-Washington).


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Posted By on Thu, Jan 28, 2016 at 5:36 PM

click to enlarge Burlington Says Gun Control Is Not Outlandish
Terri Hallenbeck
Burlington Mayor Miro Weinberger speaks at the Statehouse, as gun-rights activists look on.
Burlington Mayor Miro Weinberger brought new ammunition to the fight over gun control Thursday, as he urged state legislators to let Vermont's largest city ban guns in bars and make other firearms restrictions.

Two years after Burlington residents voted for three gun-control measures — and a year after state lawmakers dismissed the charter changes as unconstitutional — Mayor Miro Weinberger tried to make the case to legislators that there’s nothing outlandish about what the city wants to do. He argued that the three gun-control measures the voters approved are legal, doable and accepted elsewhere.

“I think we made a stronger case this year,” Weinberger said after speaking at the Statehouse. “I sense it’s being treated differently.”

Earlier, Weinberger told the House Government Operations Committee, as about a dozen gun-rights activists waited to counter his arguments: "Gun safety is not an area where Burlington is trying to chart some new path. Today, we are trying to catch up with laws in Texas, Montana, and Alaska."

Sixteen states ban firearms in bars and restaurants, according to information Burlington city attorney Eileen Blackwood supplied the committee. 

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Posted By on Thu, Jan 28, 2016 at 5:08 PM

click to enlarge Did Sorrell Take Official Action to Punish Opponent's Donor?
File: Jeb Wallace-Brodeur
Attorney General Bill Sorrell
An email obtained during an investigation of Attorney General Bill Sorrell suggests he sought to punish a donor to a rival’s campaign during the course of official business.

First disclosed in this week’s Fair Game political column, the email pertains to a September 2014 press conference organized by then-lieutenant gubernatorial candidate Dean Corren and attended by Sorrell. Standing in front of McCaffrey's Sunoco in Burlington, the two called for legislation requiring gasoline distributors to disclose pricing information to the attorney general’s office.

After the event, the head of a local business group raised concerns about Sorrell’s participation, prompting the AG to reply, “I care about the issue, not to mention the $4k a whole seller gave a prior opponent …”

The “whole seller” in question appears to be Skip Vallee, a political lightning rod whose Colchester-based business, R.L. Vallee, Inc., has been accused of driving up gas prices in Chittenden County. Now the Vermont chairman of Sen. Marco Rubio’s (R-Fla.) presidential campaign, Vallee has contributed generously to Republican candidates over the years, including President George W. Bush, who in 2005 appointed him ambassador to Slovakia.

In August 2012, Vallee and his wife, Denise, donated $4,000 to Chittenden County State’s Attorney T.J. Donovan’s Democratic primary campaign against Sorrell. Though Donovan came close to unseating Sorrell, he ended up losing the election by 714 votes, just 11 days after the Vallees made their contributions.

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Posted By on Thu, Jan 28, 2016 at 1:15 PM

click to enlarge State's Attorney Clears Cops in Fatal Burlington Shooting
Mark Davis
Vermont State Police Captain J.P. Sinclair displaying evidence at a press conference
Two Drug Enforcement Administration Task Force members were legally justified in fatally shooting Kenneth Stephens during a December drug raid in Burlington, Chittenden County State's Attorney T.J. Donovan announced Thursday.

As officers swarmed Stephens' Elmwood Avenue apartment, he asked police, "Who wants to die?" He taunted officers trying to break down his door to "hit harder" and raised his muzzleloader rifle when they finally entered.

DEA Agent Tim Hoffman and Vermont State Police Trooper Matt Cannon, assigned to the task force, fired 13 shots from their assault rifles, hitting Stephens seven times. Three other rounds they fired exited Stephens' apartment, and two entered a neighboring apartment. A resident there was not hurt.

Stephens’ rifle could not have fired, because he had not inserted the primer, Donovan said. Cops could not have known that, authorities said.

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Posted By on Thu, Jan 28, 2016 at 12:49 AM

click to enlarge House Vote Sets Up School Spending Standoff With Senate
Paul Heintz
Rep. Dave Sharpe (D-Bristol) speaks Wednesday on the House floor.
After weeks of delicate deliberation, the Vermont House on Wednesday approved a long-promised "fix" to controversial school spending thresholds set to take effect next fiscal year. By a vote of 94 to 52, the House opted to give school districts more breathing room in their budgets — and to reduce the penalties they would face if they overspend.

Problem is, the Senate chose an entirely different path last week — to repeal the thresholds altogether — and its leaders aren't budging. 

"We're standing strong," Senate Education Committee Chair Ann Cummings (D-Washington) said Wednesday.

Though he characterized himself as "eternally optimistic" that the two bodies could reach accord, House Speaker Shap Smith (D-Morristown) conceded late Wednesday that he had no idea how they would.

"If I knew the path forward right now, we would be on it," he said. "But I think it's going to take a fair amount of work — the next couple days and maybe a week."

Time is not on their side. The uncertainty has left local school boards wondering how much money they can spend, even as they race to complete their budgets ahead of Town Meeting Day.

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Wednesday, January 27, 2016

Posted By on Wed, Jan 27, 2016 at 10:23 PM

click to enlarge Garrett Graff Argues There's More to Residency Than Being Here
Terri Hallenbeck
Garrett Graff (right, center) speaking to the Senate Government Operations Committee
Ex-journalist Garrett Graff said Wednesday that he’s not ready to announce whether he’s running for lieutenant governor, but he tried to make the case to a legislative committee that people in his position should be allowed to run.

The Montpelier native spent more than 11 years in Washington, D.C., before moving to Burlington last fall. He argued Wednesday that he meets the constitutional residency requirement for a lieutenant gubernatorial candidate: One must have lived in the state for four years prior to the election. 

“Residency is always a mix of physical presence and intent to return,” Graff told the Senate Government Operations Committee. “Physical presence alone is a poor measurement of where someone might consider home.”

A better measure, Graff argued, is one based on where a person is registered to vote or drive a car, something a person can legally do in only one state at a time.

The 34-year-old former editor of Politico Magazine announced in November that he was moving from Washington to Burlington and considering running for lieutenant governor as a Democrat. Secretary of State Jim Condos and Assistant Attorney General Michael Duane have indicated they don’t think Graff meets the constitution's four-year residency requirement.

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Posted By on Wed, Jan 27, 2016 at 7:44 PM

State Police to Discuss Sorrell Allegations With the FBI
File: Matthew Thorsen
Attorney General Bill Sorrell
Vermont State Police officials plan to meet with Federal Bureau of Investigation agents Friday to determine whether to initiate a criminal investigation into allegations against Attorney General Bill Sorrell, according to a VSP spokesman.

The spokesman, Scott Waterman, confirmed that his agency had "received a complaint of alleged criminal misconduct" from a panel of state's attorneys charged with investigating six allegations against Sorrell. He said Friday's meeting had been scheduled "to determine if an investigation is warranted and who has jurisdiction to perform the investigation if one occurs."

As Seven Days reported in this week's Fair Game political column, Waterman told the newspaper Tuesday that his agency had already launched such an investigation. On Wednesday, he told Seven Days that he had been mistaken and that the state police had not yet done so. He attributed the error to internal miscommunication at the VSP. 

"We are not investigating at this time," Waterman said Wednesday. "We are going to be consulting with the FBI over the next couple of days because there's a question of jurisdiction."

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Posted By on Wed, Jan 27, 2016 at 4:49 PM

click to enlarge Income-Based Residential Property Tax System Proposed for All
Nancy Remsen
Rep. Chris Pearson (P-Burlington) and other lawmakers offering a property tax relief measure
 Thirty-five Democratic and Progressive lawmakers have proposed that Vermont's residential property owners pay education taxes based on their incomes — expanding a system in place for many state residents.

Rep. Chris Pearson (P-Burlington) said the bill would increase the fairness of the school tax by asking higher-income Vermonters to pay the same share of their pay as middle-income property owners. Vermonters with $100,000 in household income now pay about 3 percent of their wages in property taxes, compared to 0.5 percent for households with income of $1 million, he said.

“We believe we have a way to make our school funding more equitable and, at the same time, give most Vermonters a break on their property taxes,” said Sen. Anthony Pollina (D/P-Washington), sponsor of the Senate version of the bill.

Currently, the income-based system covers only taxpayers with household incomes of $90,000 or less and only for a house and two acres. Residential property owners with more than two acres pay an additional amount based on the property’s value.

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Posted By on Wed, Jan 27, 2016 at 9:03 AM

click to enlarge After Raid, Police Commissioners Say DEA Is Overzealous
Molly Walsh/Seven Days
Burlington Police Chief Brandon del Pozo
Note to law enforcement: Don't risk the lives of innocent people when you go after violent drug dealers. 

That was the message that Burlington police commissioners sent Tuesday night at their first meeting since a Drug Enforcement Agency "no-knock" raid on Elmwood Avenue in December. The raid killed convicted drug dealer Kenneth Stevens, and stray rounds that officers fired entered a nearby apartment. No one else was harmed.
 
Little sympathy surfaced during the meeting for Stevens, the target of the raid, whose extensive criminal record included a 2012 conviction for selling heroin to a roommate who died of an overdose. He was also charged in 1996 with shooting his girlfriend's brother in the head.

Still, police commissioner Jerome F. O'Neill, a private attorney and former federal prosecutor, blasted the raid as overzealous and dangerous to law-abiding citizens who lived near Stevens.
 
"Hello DEA," O'Neill said after the meeting. "Get the message: You really need to do things differently around here."

Commissioners grilled Burlington Police Chief Brandon del Pozo for an hour about the December 22 raid. The BPD was involved as a backup to the DEA, which led the exercise.

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Tuesday, January 26, 2016

Posted By on Tue, Jan 26, 2016 at 11:02 PM

Five days before the Iowa caucuses, Sen. Bernie Sanders (I-Vt.) plans to leave the campaign trail Wednesday to huddle with President Barack Obama at the White House.

"The President and Sen. Sanders first discussed this meeting last December when Sen. Sanders attended the Congressional Holiday Ball," White House press secretary John Earnest said in a statement Tuesday afternoon. "The two will meet privately in the Oval Office, and there will be no formal agenda."

The confab comes just days after Obama threw shade at the Vermonter in an interview with Politico, dismissing him as nothing more than a "bright, shiny object" in the campaign to succeed him. The president spoke more favorably about his former secretary of state, Hillary Clinton, who is battling Sanders for the Democratic nomination. 

Though Obama campaigned for Sanders in Vermont in 2006 and Sanders returned the favor in 2008 and 2012, the two have never been close. The Washington Post reported Tuesday that in Sanders' 40 visits to the White House since Obama was elected president, visitor logs showed them meeting privately in the Oval Office just once, in December 2014. 

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