Cut the Turf War and the Tax Hike

February 8, 2010

Every week during the legislative session, the members of the Georgia House of Representatives from DeKalb County hold a meeting to discuss state legislative issues affecting the county. These meetings are usually held on Mondays at noon in the Coverdell Legislative Office Building, across the street from the State Capitol. If you’re in the neighborhood, you should drop in and visit.

The DeKalb Delegation meeting that was held on January 25 was an eye-opener. It included a visit from three of our county commissioners, members of the commission staff, and representatives of the CEO’s office, although not the CEO himself. The tension between the commission’s and CEO’s representatives was palpable, and it nearly grew into open hostility when the commissioners made their presentation.

There appears to be a turf war brewing between the county commission and CEO. My request to these elected officials is a simple one: knock it off. At a time that tax revenues at all levels of government are slumping, citizens are hurting financially, and the county is considering an ill-advised property tax increase to prop up a budget that became seriously bloated after eight years of Vernon Jones, the last thing we need is posturing from county politicians.

The not-so-subtle hostility between the county commission and CEO’s office appears to be related to a December proposal by the commissioners to completely eliminate the CEO position. Because it deals with the basic structure of the county government, that proposal would require the approval of DeKalb’s state legislators. It came out of left field and was not expected by the legislative delegation. If necessary, I will see to it that any such legislation is defeated.

The commissioners also are requesting that we give them the power to approve their own contracts with outside vendors, rather than working through the CEO. Not even the state legislature has the kind of contracting power they are requesting. It simply isn’t a legislative function, and it’s a power that is a breeding ground for cronyism and corruption. This, too, is a proposal that is dead on arrival.

In 2008, the General Assembly passed and the voters approved reforms that enabled the county commission to conduct and set the agenda for its own meetings. This completely removed the CEO’s involvement in those meetings and strengthened the checks and balances between the CEO and county commission. Any further reforms, however, should have the approval of both the CEO and commission before state legislators give them any consideration.

In the meantime, if the county commission is looking for a way to leverage the existing checks and balances that are already built into our county government, I have a recommendation: Defeat the CEO’s proposal for a property tax increase. Rather than posturing to gain a political upper-hand over the CEO, that’s a tangible action your taxpaying constituents will appreciate.


Not the Time for Business as Usual

February 8, 2010

By Commissioner Jeff Rader, District 2

The following commentary on the DeKalb County budget and the CEO’s proposal for a property tax increase is republished with permission from Commissioner Jeff Rader. It’s a worthwhile read:

The more things change, the more they stay the same.

A year ago, I publicly expressed my disappointment in the budget process for DeKalb County. The process, as described in my formal remarks in February 2009, is subject to political considerations and short-term gains at the expense of tough decisions and long-term sustainability.

It was my hope then that the new county CEO and the new governing structure for the county Board of Commissioners (BOC), each with a full year under its belt, would lead to improvements in the preparation of this year’s budget. Sadly, the process seems to have gotten worse, not better.

While major changes may not happen overnight, my recommendations last year included simple, incremental steps to ultimately create a budget that is inclusive and forward thinking. The first and easiest step is to add transparency by sharing the departmental budget requests, typically submitted in late summer, with the general public and BOC.

The requests would be used as a starting point for public and ongoing discussion among various constituencies, notably the BOC, to establish funding priorities for the coming year. Instead, the administration elected to keep the specific departmental requests under wraps. Thus, the BOC is flying blind if it attempts to cut spending because it has limited information on how such cuts impacts each department.

Further, because the departmental requests were not shared with the BOC, the latter did not develop the urgency to finalize its priorities for the coming budget. For what it’s worth, my top budget priorities are public safety and infrastructure. The first is self-explanatory and the second is needed to address an enormous backlog of deferred maintenance, which threatens the functionality of county services.

As in years past, the public’s and BOC’s first look at the proposed 2010 budget was mid-December, the constitutionally mandated date for the CEO to formally present a budget. The BOC, in turn, is mandated to approve the budget by March 1, leaving a mere two months to debate possible revisions, a timeframe that makes it difficult for substantive deliberations.

The CEO’s proposed budget is based on questionable assumptions and actions.

Perhaps the most misguided assumption is that the county tax digest (aka property taxes) will remain the same as it was in 2009. A reasonable person knows the national economy’s downslide was precipitated primarily by the implosion of the real estate market. The general consensus is the real estate market shows signs of, at best, a weak recovery in 2010. The county’s Board of Tax Assessors, in two separate memos this January, estimates the tax digest will decline by nearly seven percent in 2010.

Even if the administration’s revenue forecast is accurate, it still has a roughly $60 million deficit relative to its spending requests. The CEO proposes to close that gap roughly in half by raising the millage rate 1.86 points, and the other half by reducing the labor force through an early retirement offer.

Given the current economic climate, it is not prudent to burden the taxpayers with a tax increase. So a tax increase is not a viable option to address a budget shortfall.

The logical alternative is to reduce expenses by trimming positions from the county work force because labor costs (wages and benefits) comprise roughly 80 percent of the county’s budget. While no one wants people to lose their jobs due to layoffs, the county’s fiscal situation creates the necessity to right size the workforce now. Such a move is an economic necessity when there is not enough money in the financial coffers.

But offering early retirement is not the most efficient method to reduce the labor force, because the employees, rather than the employer, dictate the staff reduction. As a result, the county could end up losing its most talented, experienced and critical employees, creating a deleterious effect on county services.

That in turn could force the county to hire back those employees, or someone else to fill those positions, thus diminishing the financial savings from the initial staff reduction. The worse scenario would be to lose a disproportionate number of employees from public safety departments, which I, again, consider to be the top priority.

Ideally, the administration would identify those positions that could be eliminated with the least impact on county services. That can be done after a careful performance audit of each department to evaluate the correlation between quality of services and its staffing levels.

While the CEO’s budget proposes a reduction in force of 400 employees, it does not propose a comparable reduction in scope of services provided to the county. If the county is able to provide the same scope of services with fewer employees, that will be an indication it has been operating inefficiently in past years. If the county is not able to do so, then the public will suffer from the decrease in quality of services.

Early last year, in anticipation of the tough budget currently facing the county, the BOC considered contracting with Georgia State University to conduct a staffing study to identify excess and redundant positions that could be cut. The administration protested, saying that it would conduct its own study. But the administration did not follow through.

So last November, the BOC approved the staffing study initially proposed early that year. Regrettably, the results will be available towards the middle of February, extremely late in the annual budget process. The sad truth is that more budget cuts will likely be necessary to compensate for the revenue shortfall noted above, and the county may end up cutting the budget all year long.

Either way, it seems counterintuitive that in this economic climate, the administration has passed up this opportunity for fundamental restructuring of its operations. Aside from the consolidation of two development departments and the outsourcing of another development department, there is no significant shrinkage of scope of services outlined in the proposed budget.

In the private sector, companies and entrepreneurs have, out of necessity, discovered new ways of doing business that should reap benefits as the economy recovers. Families and individuals have fundamentally altered their way of life, out of necessity, such as giving up cable television, and eating dinner at home more often. But the administration has declared its intent to conduct business as usual.

The more things change, the more they stay the same.

In my budget commentary last year, I called attention to the county’s inadequate funding for capital maintenance. Historically, the county government has been enamored with the creation of new facilities rather than the maintenance of existing ones.

Last year’s budget set aside 10 percent of HOST (Homestead Option Sales Tax) for capital maintenance. This year, five percent, which projects to $4.4 million, according to the administration. To put that number in context, this time last year, the county was 60 years behind schedule on needed street repaving and had total deferred maintenance liability of more than $260 million. Business as usual.

The administration also proposes business as usual for those employees still in place after the reduction in force. In fact, the CEO’s budget proposes a one percent, across-the-board merit increase. While there are many county employees who are exceptional performers, the economic reality dictates that DeKalb does not have the luxury of offering pay increases, no matter how deserving.

Nor does the CEO’s budget propose any changes in the benefits programs — health, retirement — for county employees. The county, which is self-insured, pays 70 percent of all medical expenses for its employees. With medical costs rapidly escalating nationwide and an aging workforce, the county can not sustain that 70-30 ratio without raising taxes or requiring its employees to contribute more.

The county continues to operate a defined-benefit retirement plan, while the private sector predominantly offers defined-contribution plans. To maintain the promised benefit, the county’s actuaries advise that contributions to the pension fund should be increased to 15 percent of payroll in 2010 ($50 million) all the way up to 25 percent of payroll in 2020 ($105 million), which is a significant cost increase even before factoring the early retirement program.

The county currently pays about 67 percent of contributions to the employees’ retirement plan. That financial obligation is unsustainable. If the county wishes to save its defined benefits program, the beneficiaries must pay a larger share.

Nor does the CEO’s budget propose any changes to the number of paid holidays for county employees. Eliminating a paid holiday saves money and probably has the least impact on county services because government is considered closed that day.

The BOC has two choices to rectify the CEO’s proposed budget. One, it can save money by unilaterally reducing the scope of county services. Two, it can save money by improving the cost efficiency of its current scope of services. Both are difficult tasks because of the limited time frame and information provided to the BOC in this budget process.

In the short term, the latter seems to be the best option, specifically reviewing the compensation structure for county employees, as highlighted in this commentary. This means the budget would be balanced on the back of good county employees. That would be regrettable, but preferable to balancing it on the back of taxpayers.

The CEO describes the proposed budget as “bare bones,” one that provides little more than the essential, required county services. In 2001, the first year of the former CEO’s administration, DeKalb County had a $420 million budget. If that budget was sufficient to fulfill the county’s mandate at that time, then it should have continued to be the benchmark in the subsequent years while allowing for inflationary and population increases. Based on those two statistical factors, today’s budget would be $563 million rather than the $583 requested by the CEO. The numbers suggest there are ample opportunities to make significant cuts in government spending.

The CEO and his team are honorable and well intentioned, but regrettably they have not been able to keep ahead of the extraordinary economic and organizational challenges we are now facing. But it’s not too late to start. Crafting this year’s budget is not a one-time challenge. The county tax base is expected to remain flat for a significant period into the future. The administration needs to reject the premise of relying on short-term fixes in order to resume business as usual.


CEO’s Budget Meetings

January 25, 2010

CEO Burrell Ellis is holding a series of neighborhood meetings about his proposed 2010 DeKalb County budget. Two of these meetings are in our neck-of-the-woods, and one of them will be held tomorrow.

The CEO’s proposed budget includes a property tax increase.

I like and respect CEO Ellis, but believe very strongly that a property tax increase is the wrong answer to an economic downturn that continues to pinch all of us, not just the county goverment. Such a property tax hike only advances county spending that became bloated to excess after eight years of Vernon Jones. Think performing arts center (click for information), among many other things.

The CEO wants to hear from you. He should be commended for his willingness to come to our community to do so. If you want an opportunity to address him about the proposed property tax increase and about the county’s spending priorities, this is your chance.

Here are the dates, start times, and locations of the two meetings:

Tuesday, January 26, 2010
7:00 p.m.
Montgomery Elementary
3995 Ashford Dunwoody Rd.
Atlanta, GA 30319

Tuesday, February 16, 2010
7:00 p.m.
Torah Day School
1985 LaVista Rd. NE
Atlanta, GA 30329


Pages Needed for 2010 Legislative Session

January 25, 2010

The 2010 legislative session has begun and will run through March or April. Each year, I have ten (10) school-age children from House District 80 serve as pages for a day during the legislative session. Pages get to see the legislative process first-hand, receive an excused absence from school, have their photograph taken with their legislator and the Speaker of the House, and are provided lunch.

If your child would like to serve as a legislative page, please e-mail me at repjacobs@comcast.net and include in your e-mail message a telephone number where you can be reached. The ten spaces will be filled on a first-come, first-served basis and are only available to residents of House District 80. Please click here to view a map to determine whether you live in House District 80.


News Clip on Speaker Succession

December 8, 2009

Click here to see this blog featured on 11Alive News.

A “small chorus” singing the right tune made a big difference.


Making the Right Call

December 7, 2009

I just received the following from Speaker Pro Tem Mark Burkhalter:

“Given my responsibilities as Speaker Pro Tem, upon the official resignation of Speaker Richardson, I will call for an election the week we reconvene for the 2010 session of the Georgia General Assembly. Then you may elect a new Speaker who can take this job and be fully committed to it into the next decade.”

This is the right decision for the House of Representatives as an institution and for Georgia. Many of us expressed serious concerns. I am grateful that our concerns were heard and respected.


The Way Forward

December 7, 2009

Last week’s events shook citizens’ confidence in their legislature. I wish that was not the case because, like me, most legislators make the many sacrifices that accompany public service for the right reasons.

But we are where we are.

I hope that one thing is clear: To restore public confidence and put this fiasco behind us, the permanent successor to the current Speaker of the Georgia House of Representatives must be selected in a manner that is as swift, open, and transparent as possible.

The Georgia Constitution provides that Speaker Pro Tempore Mark Burkhalter will automatically become the Speaker of the House when Glenn Richardson’s resignation becomes effective on January 1. Then, the House Rules require that an election in the full House of Representatives be called within 120 days of the Speaker Pro Tem assuming the Speaker’s chair.

That election should occur on January 11, the first day of the 2010 legislative session, even though the rules allow for a transition period that could last through the end of the session. This is the only way we can begin to restore the public’s trust and “right the ship” that must be sailed through legislative waters which, in light of plummeting state revenues, already are fraught with peril.

Put another way, I agree with the widely circulated e-mail that members of the House Republican Caucus received from our colleague, Michael Harden. I am reposting it below in case you haven’t seen it:

Only An Election Allows The House To Move Forward
By Representative Michael Harden (R-Toccoa)

“By now, every Georgian knows that Speaker Glenn Richardson has resigned due to a truckload of personal problems. While I am glad he resigned, I also sincerely hope that he obtains the help he needs and finds peace in the years to come.

Now that this chapter is almost closed, it is time for the Georgia House of Representatives to move on and get back to the business of this state. Unemployment has surged across the state, especially in rural areas, impacting countless Georgia families. State revenues continue to decline damaging everything from public safety to public education. It is long past time we got back to doing what the people elected us to do.

However, we cannot truly move on and begin a fresh start until a new Speaker is fully and fairly elected by the entire House. We must have an election to truly close this chapter and move forward as a legislative body, and that election should happen before the General Assembly Session begins.

The process has worked as the Constitution intends. The Speaker Pro-Tempore will assume the duties of the office temporarily and has 120 days to call an election. However, the calendar undermines what the House needs to do to move past this episode.

Because Speaker Richardson is not officially resigning until January 1, the temporary Speaker could serve through the Session without calling for an election. The House would only have a temporary leader, not a fully respected one. This situation is not acceptable to me or to a significant number of my colleagues.

The longer we wait to hold a real election, the longer this drama will continue and the more damage it will do to the House and to our state.

With all the budget and policy challenges in these difficult times, Georgia needs a Speaker of the House with the full, unquestioned support of the House of Representatives.

Waiting until the end of the Session, or worse, having an election in the middle of a Session, only hinders the House’s ability to pass meaningful legislation and from an “inside baseball” perspective makes the House weaker in its negotiations with the other branches of state government.

We have nothing to fear from open, transparent, and honest government. Let us clear the air and start fresh by electing a Speaker with a clear mandate to lead.

Please do not misunderstand my purpose here. I am not opposed to our current leadership. If fact, I personally like them and voted for them. I would very seriously consider Mark Burkhalter or Jerry Keen if they offered themselves for Speaker. They are strong and capable leaders.

However, a temporary Speaker hurts the House and hurts our ability to govern effectively. There is not a legitimate reason to delay an election. The House can hold an election the first week in January or on the first day of the Session very easily. Then, and only then, will this chapter finally be closed and the House and the state it serves can finally move forward.”


Legislative Town Hall Meetings

November 9, 2009

The state legislators from our area are hosting a pair of town hall meetings this week. I hope you’ll be able to attend these meetings and let your elected officials know what’s on your mind.

Here are the details:

State Senator Dan Weber is hosting a town hall meeting tonight, Monday, November 9, at 7:00 p.m. in the Talmage Room of the Student Center at Oglethorpe University, 4484 Peachtree Road.

All of the senators and representatives who represent portions of DeKalb County will be hosting a public hearing this Thursday, November 12, at 7:00 p.m. in the Fellowship Hall of Chamblee United Methodist Church, 4147 Chamblee Dunwoody Road.

Neither meeting is restricted to any particular issues. All topics are “on the table” for discussion.

I am not able to attend tonight’s meeting because of a schedule conflict, but will be at Thursday’s meeting.


Time to Remake MARTA

October 20, 2009

My colleague, State Rep. Fran Millar (R-Dunwoody), wrote an outstanding op-ed column that ran in this past Sunday’s AJC.

It’s a little-known fact that I ride MARTA to work every so often, on days that I don’t have to take my kids to preschool or otherwise need to use my car. The short trip from either the Chamblee or Brookhaven station, near my home, to the Arts Center station, near my office, is very convenient and usually quicker than I-85.

MARTA cannot be sustained in the long-run on the backs of DeKalb and Fulton County taxpayers. Besides, the time is overdue to think about seamless comprehensive transit solutions that can operate across the entire Metro Atlanta region.

The upcoming debate for the 2010 legislative session over a transportation funding plan presents a rare and tremendous opportunity to explore these issues and remake MARTA.

I’m with Fran Millar on this one. With his permission, I am reprinting the unedited copy of his column that he sent to our colleagues in the State House. I’d like to hear what you think…

“For the past few years I have watched the frustration build with my neighbors and the metropolitan business community (ten counties) on the failure of our state government to deal with our transportation issues in a comprehensive manner.

To compound the problem we have now been told by Georgia State University that MARTA will probably be short $85 million in sales tax receipts for fiscal 2010 and over the next decade could be short $1.4 billion. In other words MARTA can not be financially viable in the long run with only Fulton and DeKalb as its source of primary funding.

2010 is an election year and politically it is imperative that the General Assembly give the public an opportunity to vote on a comprehensive transportation solution. In my opinion a regional approach with a sales tax component has the best chance of acceptance by the public. I know of no other statewide approach that has passed in recent years.

In 2009 we passed SB 200 which created a Planning Division in the Department of Transportation (DOT). The purpose of the Planning Division is to be responsible for planning and transportation (not just highways) policy in Georgia.

It is my intention in 2010 to add to SB 200 or any other approach a Public Transportation division under DOT with the director of that division also being appointed by the Governor. This director can be responsible for operating public transportation agencies in Georgia including MARTA.

At the same time, I plan to introduce local legislation in DeKalb and have one of my fellow members in Fulton do likewise to repeal the current MARTA Act.

Obviously there are details that need to be worked out with the state assuming the assets and liabilities of MARTA. Priority issues include operations and federal funding. Hopefully, in the not too distant future other transit systems such as Cobb and Gwinnett and agencies such as Georgia Regional Transportation Authority and Georgia State Road and Tollway Authority can be incorporated into this comprehensive approach.

Any comprehensive transportation solution voted on by the people requires a two-thirds vote by the House of Representatives and the Senate in order for the initiative to be placed on the ballot.

Local legislation requires a majority of the county representatives and the county senators to sign the bill and a majority vote in each chamber.

This is our one chance to get away from a Department of Highways and have a meaningful Department of Transportation. With this new MARTA financial data, any reasonable person must conclude that Fulton and DeKalb can no longer carry this burden alone. I would hope Fulton and DeKalb representatives and senators would agree with me and insist that MARTA be folded into any comprehensive transit solution.

Furthermore, per Georgia State University, metro Atlanta (ten counties) generates 53 percent of the state income and receives 37 percent of the state’s spending. If metro Atlanta’s physical infrastructure can not allow further growth and/or our competitive position deteriorates, then the balance of our state will not continue to receive this additional funding over what they collect.

This alone should be the necessary incentive for non-metro legislators to support the creation of this public transportation division under DOT and a regional transportation solution with a sales tax component.

No great city in our country (New York, Chicago, Washington, San Francisco) relies only on highways. We either seize the initiative now or in the not too distant future explain to our children why Atlanta is no longer the Capitol of the South. Remember when we were the financial headquarters of the South?

I urge you to contact your representatives and senators and voice your support for this approach. The time to act is now.”

Representative Fran Millar


Brookhaven Arts Festival

October 16, 2009

The Brookhaven Arts Festival is this Saturday and Sunday, October 17 and 18, on Apple Valley Road behind the Brookhaven MARTA Station. Admission is free. Evan and I enjoy strolling through this festival every year and have artwork from the event hanging in our home. Visit www.brookhavenartsalliance.com for more information.