Colorado

Hillman: No 2010 candidacy

Republican National Committeeman Mark Hillman will not seek any elected office next year, he announced in a mass email to friends on Sunday afternoon. The former Senate Majority Leader and acting State Treasurer had been mentioned as a possible candidate for the GOP nomination as US Senator, Governor, or 4th District Congressman. He lost narrowly to Democrat Cary Kennedy for State Treasurer in 2006.

Mark is a close personal friend, a regular contributor to this blog and our radio show, and an outstanding conservative leader. We can hope to see him back in political combat, and ultimately in public office, one day soon. Here is the text of his announcement:

I have decided not to seek elected office in 2010. Much has changed since I last ran in 2006 - my wife and I have "settled down" in my hometown of Burlington and a six-month-old boy has drastically changed our priorities. Campaigning for statewide or federal office is very demanding and our party deserves candidates who are willing to make that campaign a top priority. At this time, that simply isn't a commitment I am willing to make.

I am truly grateful for your support over the years and if, in a few years, it turns out that another campaign is right for me, for my family, and for Colorado, I would be honored to again have your support.

In the meantime, I intend to work hard as your friend, as a conservative committed to limited government and constitutional freedom, and as your Republican National Committeeman to do all I can to help our candidates and our party succeed by returning to our roots and unifying around our core conservative principles.

Yours for freedom, Mark Hillman

Other states envy TABOR

(Denver Post, Feb. 15) How dumb do they think we are? The state is in a $600 million hole because Gov. Bill Ritter and Democratic legislators ignored advice from Republicans – and even some fellow Democrats – to restrain spending and save for a rainy day. Now those same spendthrifts want us to remove constitutional guardrails so they can rev the budget again when good times return. Family budgets are breathing easier, after Ritter and former Speaker Andrew Romanoff got spanked by voters on three tax increases last November – Amendments 51, 58, and 59. But we’re taken for suckers on this too. Dem leader Paul Weissmann already talks of “floating an issue back to the voters” that would goose revenues and gut the Taxpayer’s Bill of Rights (TABOR). Meanwhile, a judge has red-flagged the governor for raising property taxes $120 million without taxpayer approval as constitutionally required. The state Supreme Court hasn’t yet ruled on this money grab, but the spending lobby must expect to win. They’re now brazenly planning another evasion of TABOR without citizens’ permission – this time to bust the 6% general fund growth limit. Sue them if you dare.

The Taxpayer’s Bill of Rights, part of the Colorado constitution since 1992, states that “its preferred interpretation shall reasonably restrain most the growth of government.” That means we the people get the benefit of the doubt. Gov. Ritter, Sen. John Morse and other Democrats, Rep. Don Marostica and other Republicans, are all sworn to support the constitution. Have they forgotten?

They give off an air of casualness toward that oath of office, impatience if not scorn for TABOR and its limitations, and ill-concealed disdain for the millions of Coloradans who don’t know what’s good for us in terms of rosy scenarios, free-wheeling fiscal policy, and a “trust me” approach to government. Their track record forfeits our trust.

“Trust me” became California’s fiscal motto back in the ‘80s, after their voter-approved tax and spending limit was undone by education mandates. (Sound familiar?) The state is now $42 billion in the red and Gov. Schwarzenegger has ordered furloughs. He has wished aloud for something like TABOR to stop the madness.

Taxpayers in many other states share Arnold’s wish, as I recently confirmed with an hour of phoning. Budget analysts from Tempe to Kennebunkport, unless they’ve drunk the big-government Koolaid, endorse the wisdom of a population-plus-inflation growth formula, tempered with flexibility and recession reserves. They say people here should realize how fortunate we are.

“Watch out, Colorado. Without TABOR you could end up like Ohio,” warns David Hansen of the Buckeye Institute in Columbus. He describes a “generation-long spending spree” that has turned their low-tax, high-growth state into one with high taxes and no growth, “totally uncompetitive in the 21st century.”

Reports are similar from neighboring Pennsylvania and distant Arizona. Spending grew twice as fast as population plus inflation in both states since 2002, leaving them today with deficits far worse than Colorado’s. Absent fiscal guardrails, politicians “rode the revenue roller coaster sky-high, then crashed with it,” citizen lobbyist Tom Jenney told me from Phoenix.

TABOR may pass this year in Maine, polls suggest, after Democrats spent recklessly following defeat of a 2006 proposal. Oklahoma fiscal reformers have similar complaints and hopes. Ken Braun of the Mackinac Center observes that spending limits and rainy-day provisions after 1995 would have spared poor Michigan its budget agonies since 2002.

How irresponsible for Colorado’s philosopher kings to propose trading our prudent discipline for these nightmares. Delivered from temptation, a character in Bunyan exclaims: “Then it came burning hot into my mind, whatever he said, and however he flattered, when he got me home to his house, he would sell me for a slave.” Nothing personal, but we should likewise hotly distrust the TABOR-busters.

No jihadists to Supermax, continued

Seems I hit a nerve with my post about Gov. Ritter's collision with international law if Gitmo prisoners are moved to Colorado SuperMax. Indignant comments by Bill Menezes on this site and at PoliticsWest.com claimed I'm all wet. But his objections shatter on the clear text of the Geneva Conventions and relevant case law. His attempt to obfuscate salient facts with irrelevant minutiae fails the test of common sense, as well as established national and international legal precedent.

As mentioned in my original post, the salient fact is the prohibition on internment of combatant detainees (both actual prisoners of war and “unlawful combatants” – more on that later) in civilian penitentiaries.

In the operative provision, Menezes puts undue weight on the qualifying language before the comma: "Except in particular cases which are justified by the interest of the prisoners themselves, they shall not be interned in penitentiaries."

Common sense will inform the reader that the “particular cases” exception to the general rule is applied to individual detainees who are, for whatever reason (generally certain medical conditions, threats from fellow prisoners, or conviction of a civil crime in addition to their combatant detention status) better served or cared for in a civilian facility. Note that this exception is expressly in the interest of the prisoners themselves, not for the convenience or political benefit of the detaining power.

However, since common sense appears to be in general short supply, there is also an established body of case law and the commentary of the International Committee of the Red Cross (ICRC) that applies:

“Internment of prisoners of war in [p.183] penitentiaries is in principle prohibited because of the painful psychological impressions which such places might create for prisoners of war.” Citation here.

So in summary: The facts of international law and treaty (Geneva Convention III Relative to the Treatment of Prisoners of War) and our obligations under those laws (and U.S. statute) are clear: persons falling under military jurisdiction as prisoners (irrespective of their combatant status) are NOT to be detained in civilian penitentiaries as a matter of policy.

Some exceptions MAY be made on a case-by-case basis, in the interest of the prisoners themselves, but in practice and precedent this is applied VERY restrictively. Ergo, Governor Ritter’s proposal to bring detainees from Guantanamo en masse to Colorado’s civilian SuperMax prison would in fact violate international law and our treaty obligations.

PS - The non-functioning link correctly pointed out by Bill in the original post has now been corrected. We apologize for the typo. The link goes to the Yale University Law Library’s “Avalon Project” – a superb resource and reference for documents on international law.

If the Rocky folds

As Tom Daschle exits the Obama administration in his tax-free chauffeured limo, kudos to the Rocky Mountain News for editorializing today that this hypocritical scofflaw wasn't fit for confirmation as HHS Secretary. Sorry to see nothing on that from the Denver Post editorial page. A Rocky editorial likewise called for the rejection of Tim Geithner, another tax cheat, as Treasury Secretary last week. Unfortunately only 34 senators agreed -- and unfortunately, again, nothing from Post editors on that one either.

The Post did have an excellent Sunday editorial on Feb. 1 pointing out many flaws in the $819 billion stimulus bill, but the Rocky's editors were earlier and stronger in their condemnation of this legislative monstrosity.

One of the things Colorado will lose if the Rocky Mountain News goes away is an outspoken editorial voice that is usually, not always, more friendly to the conservative position and more skeptical of the liberal position than Denver's other daily, the Post. Let's hope it doesn't happen. Our state would be the poorer for it.

No taxpayer bailout for Colo. pensions

When President Bush and Congress first proposed a financial bailout for Wall Street investors last September, a grassroots chorus - from the Left and the Right -decried using public taxpayer funds to pay off the debts of private investors. In Colorado, the state's largest pension fund has lost 25 percent of its investment assets - $11 billion - in the past year, jeopardizing its long-term ability to pay retirement benefits promised to some 413,000 current and former government employees.

A year ago, after enjoying a 10 percent return on investment, assets of the Public Employees Retirement Association had grown to $41 billion or about 78 percent of the funds needed to pay $53 billion in promised benefits to retirees.

Now, PERA's assets have fallen to barely $30 billion. An estimate by the legislature's Joint Budget Committee pegged PERA's current funding ratio at 56.8 cents on the dollar, using 2007 liabilities. However, the actual number is undoubtedly worse given that PERA's liabilities (i.e., promised benefits) grow by more than $3 billion annually.

PERA officials, as is typically the case, aren't asking the legislature for hasty changes. While that may be wise as it applies to PERA's investment strategy (which generally exceeds its benchmarks), failure to deal with PERA's unaffordable benefit structure is irresponsible. At last, that costly reality may be inescapable, even for PERA and its apologists.

Even in a strong year like 2007 when PERA's investments grew by 10 percent, its liabilities still grew faster, adding $160 million to its funding deficit.

PERA lawyers assert that benefits can be retroactively increased (as they have been), but that once increased, those benefits can never be reduced, even for someone who has worked just one day for a PERA employer. But what if those increased benefits threaten the solvency of the fund? PERA had behaved as if that could never happen.

Worse still, PERA's party line is that the responsibility to make up for any shortfall rests with taxpayers, represented by state and local governments who contribute to PERA's pension funds on behalf of their employees.

With that in mind, it's worth explaining how PERA's retirement plan is funded.

State government, most school districts and many cities and counties deduct 8 percent from their employees' paychecks and send it to PERA, along with a 10.15 percent employer contribution and a 1.5 percent supplemental contribution (which will increase to 6 percent by 2013 to help return to full funding). That's a total contribution rate approaching 24 percent of payroll ­ compared to 12.4 percent for Social Security.

That money, more than $1.25 billion a year, is invested by PERA staff with direction from the PERA board of directors, 80 percent of whom are themselves PERA beneficiaries. Taxpayers have no meaningful input.

In short, PERA rewards its members with higher benefits when its aggressive investment strategy pays off but soaks taxpayers for a bailout when that strategy backfires.

If PERA can simply charge its losses to the taxpayers, no wonder it sees no urgency in an unfunded liability of nearly $30 billion or an unsustainable benefit structure or funding models that assume incredible rates of return for decades into the future.

That certainly sounds like using public taxpayer funds to pay off the debts of private investors. While that's a great deal for PERA members, most of whom can retire at age 55 and collect $2,658 a month, it's a lousy deal for other taxpayers on Social Security where the retirement age is 67 and the average monthly benefit is $1,089.

Because PERA won't go belly up tomorrow, the expedient course is to kick the problem down the road. When the day of reckoning finally arrives, current PERA board and staff will be long gone.

After contributing generously to fund state employees' retirement and giving those employees virtually unlimited control over their pension investments, Colorado taxpayers deserve to be freed from this heads-they-win, tails-you-lose proposition.

If PERA beneficiaries want their pension fund to invest aggressively, they should also bear the responsibility if those investments backfire.

Former State Treasurer Mark Hillman served as a member of the PERA board ofdirectors. To read more or comment, please go to www.MarkHillman.com