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(Link and graf added by me. - promoted by Dean Barker)
I just saw something on the UL web site about the proposed Concord revenue cap being found unconstitutional. That is excellent news, as these caps would wreak havoc with local budget processes. It also is a big slap in the face of the so-called "New Hampshire Advantage Coalition." And one more reason for John H. Sununu to moan and groan!
That is about all I know, maybe Zandra has more info?
UL:
(Judge) Nicolosi ruled the proposed charter amendment would violate a state law that spells out how cities must conduct their budget approval process. The judge pointed out that the proposed charter amendment "would interfere with the city manager's duty," as directed in the statute, to "present to the city council an original budget that is based upon the financial needs of city departments.''
(Insert trial lawyer/activist judges joke here. - promoted by Dean Barker)
The Superior Court ruled today that Manchester aldermen acted appopriately when setting a vote on the so-called "tax cap" referendum for the city election in 2009. As you may recall, New Hampshire Advantage Coalition, a secretive group whose corporate founders are all employees of a Washington DC law firm, sued the City of Manchester in an attempt to force a rushed vote during the upcoming 2008 general election. This loss in court follows another unsuccessful suit in Concord where NHAC apparently neglected to read the statute, since it failed to have enough local Concord residents sign the court petition. Oops. Now NHAC faces the prospect of an informed discussion in both Manchester and Concord about the merits of the proposed charter amendment, something it was desperate to avoid.
Perhaps NHAC now will disclose the identity of out of state interests funding its operations, not to mention the legal costs of its unsuccessful law suits in Concord and Manchester. It bought $140,000 of air time on WMUR, hired employees and sent out mailers, but refuses to say who is providing that cash. Why so secretive? Why no transparency? Why not do what political parties and political committees do and disclose its donors? What is NHAC hiding, and why doesn't it want NH voters to learn which out of state donors are trying to interfere in our elections? What are they afraid of?
STATE DEMS RENEW CALL FOR SECRETIVE COALITION WITH GOP TIES TO REVEAL ITS FUNDERS AND INTERESTS OF WASHINGTON-BASED INCORPORATORS
(Manchester) - New Hampshire Democrats renewed their calls for GOP leaders to urge the secretive New Hampshire Advantage Coalition to reveal the sources of its funding on the day arguments were being held in Hillsborough County Superior Court to determine whether a NHAC-promoted tax cap question would be placed on the November ballot in Manchester.
Calling the coalition "a front for the Republican Party and its candidates," Kathy Sullivan, a senior adviser to the New Hampshire Democratic Party, said state GOP leaders should admit that NHAC is a partisan political committee and disclose where its money is coming from. In particular, she called on Sen. Joe Kenney, the Republican gubernatorial nominee who has participated in NHAC-sponsored events, and Manchester Mayor Frank Guinta, the group's most vocal supporter, to demand that the group reveal its funders.
"NHAC is a partisan political organization involved in partisan political activities. But it claims nonprofit status as if it is a charitable organization in order to hide its donor list," Sullivan said. "What are they hiding? Why won't NHAC admit who is paying the bills? What is the reason for all the secrecy?"
Sullivan cited media reports that suggest that NHAC openly promoted itself as a political organization before seeking nonprofit status.
The NH Advantage Coalition, according to press reports, was founded to focus on "raising money to support candidates" [Portsmouth Herald, 11/26/06]. In an op-ed authored by Mike Biundo, the organization's chairman, Biundo is described as the "Chairman of the New Hampshire Advantage Coalition, an organization... with the underlying goal of local control, no sales tax, and electing representatives of the people" [NH Insider, 2/15/08]
NH Advantage Coalition was formed as a political action committee, but it has not filed any required financial disclosure with the New Hampshire secretary of state. New Hampshire law requires reporting by political committees that raise or spend more than $500 in support of a political candidate or measure. NHAC apparently claims that it did not raise or spend more than $500 as a political committee; however, during the four months it existed prior to filing for non-profit status, it employed an executive director, posted a web site, and actively solicited donations, Sullivan said.
After starting as a political action committee, the group quietly filed as a "nonprofit" group. Under IRS regulations, non-profits such as NHAC cannot directly or indirectly promote candidates or their campaigns. But the group's executive director, Tammy Simmons, and chairman, Mike Biundo, are candidates for the New Hampshire House of Representatives, and the group spends significant time and resources pushing their message and candidacies around the state under its nonprofit label.
Sullivan also accused the group of being "part and parcel of a radical Republican effort out of Washington, DC to influence New Hampshire's election," citing the fact that the group's incorporators were lawyers or employees of a Washington law firm.
"NHAC was incorporated by employees of a Washington law. Not one is a New Hampshire resident. Not one of them has a clue about issues impacting the state's working families," Sullivan said. "Why did a Washington law firm form a secretive group that refuses to disclose its donors, an organization which is trying to influence our New Hampshire elections?"
You can take the legal basis out of the pledging GOP group, but you can't take the addiction to ideological pledging out of the GOP candidate:
Republican gubernatorial candidate Sen. Joseph Kenney signed a pledge to cap state spending yesterday, and challenged Gov. John Lynch to do the same.
Kenney disavowed any connection with the group sponsoring the pledge, New Hampshire Advantage Coalition.
...Kenney, R-Wakefield, said after signing the pledge, "I have no affiliation or connection with the group, but I support what they're doing." Kenney told reporters, "I'm sure they are abiding by the rules and regulations of the state of New Hampshire."
Shorter Kenney: "I proudly accept all the advantages this shadow GOTV group has to offer me with none of the disadvantages of their alleged legal violations."
You really can't make this stuff up.
Though I suppose one good thing to come out of this farce is that GOPer candidates are leery enough about the charges of the complaint to do these kind of absurd mental gymnastics (though not leery enough to avoid NHAC altogether).
Lynch, of course, is a pledger of a different kind, adding a whole outer layer of absurdity to this air bubble episode.
About two weeks ago, while Dean Barker was luring Republican official and NHAC executive director Tammy Simmons into making comments about how she doesn't like Bush or McCain, she posted one comment under her nom d'blog,"Rockinnh", she asked the question,
"What does Simmons's running for state rep have to do with her being executive director?"
A lot, actually.
Both Simmons and NHAC chairman Mike Biundo are candidates for state legislature, and are promoting their message through NHAC. I don't think they can do that. Why? Because NHAC is corporation with 501 [c] 4 non-profit status, a status that prohibits the organization from engaging in political speech which promotes a candidate.
Eric Green, 29, was collecting signatures to support putting a tax-cap petition on Concord's ballot in November when the assault took place, the police said. Green was volunteering for the New Hampshire Advantage Coalition, a group that's coordinating a push for tax caps in several cities. The caps would limit cities' tax increases to the rate of inflation.
"It's unfortunate an alleged incident occurred involving one of our volunteers," Biundo said. "If it did occur, it's not something that would be condoned at all."
According to a police report, Green was collecting signatures from passers-by July 28 in front of City Hall when he became engaged in a "lively debate" with the man, whom the report describes as having a physical disability. The two did not know each other. During the conversation, Green allegedly asked the victim to back away from him. The victim, who uses a cane, backed up and continued talking with Green, the police report said. The victim told the police that Green came closer to him, standing "nose to nose" with him, and told him to back up again. As the victim approached the curbing, Green pushed him, the report said. The victim lost his balance and fell to the ground.
"if it did occur" - that reminds me of something former RNC committeeman Tom Rath said about phone jamming back in the day - "if it happened".
The Republican "New Hampshire Advantage Coalition" (NHAC) - with the strong support of the Union Leader - is trying to change city charters across the state so that city governments cannot raise taxes above the rate of inflation. More specifically, they would not be able to increase tax revenue raised, more than the Department of Labor's CPI increases. Some details here. A two-thirds city council vote would be needed to override the restriction.
(Let's pause for just a moment to say goodbye to the finally-expired Republican chant of, "We should run government like a business!" No business would ever adopt bylaws that locked its prices into some national metric with no flexibility to respond to its own changing market. Let's also bow our heads for the old refrain, "We should run our government like I run my family finances!" In that Republican's family I suspect Johnny and Susie get food and clothes no matter what the CPI does.)
This is a remarkably stupid idea. Let's see if we can find nine flaws.
