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Monthly Archives: September 2010

The City Manager’s Selective and Deceptive Use of Data

Over a month ago, Whitewater’s city manager, Kevin Brunner, used his Weekly Report to tout data from the Wisconsin Taxpayers Alliance that he contended showed the strength of Whitewater’s fiscal position. (Predictably, the website of a local politician ran the figures that Brunner posted in full, without commentary.)

Brunner aimed to show that, using data from the Wisconsin Taxpayers Alliance’s MunicipalFacts (spelled that way), Whitewater’s fiscal position was better than most of the Wisconsin cities in the 12,500 to 17,500 population range. See, Brunner’s July 30th Weekly Report.

There were two reasons to be suspicious of Brunner’s contention. First, if conditions were as bright as he claimed, the city would not be facing a fiscal shortfall into the hundreds of thousands. Second, Brunner did not include all the data that appear in MunicipalFacts.

Brunner included categories from the report that he found favorable, but a review of the actual, entire document quickly revealed that he omitted some of the data for the cities in Whitewater’s population group. (Brunner never mentioned that he selected only some of the available data. He pointed readers to a link to the report that he erroneously contended “can be accessed online” at http://www.wistax.org/pubs/. All the data are not online, but are instead only available if one buys or finds a copy of MunicipalFacts.)

I located the most recent, and complete, copy of the report, and here’s a comparison that Brunner chose not to include in his Weekly Report. The City of Whitewater depends on more shared revenue from the State of Wisconsin that just about any other city in the population group:

Shared Revenues (in Thousands)
State shared revenue payments received by municipality.
High: $4,152
Median: $901
Low: $276
Whitewater: $3,656

Shared Revenues Per Capita
Per capita shared revenue payments.
High: $325
Median: $62
Low: $20
Whitewater: $259

As Brunner’s administration is so dependent on outside assistance, and as state payments are shrinking, the administration finds itself with less than before — and that’s one reason we have a fiscal shortfall.

Other communities in our population group are simply far less dependent on Madison as a cash cow. These data were available in the printed report, but Brunner chose not to include them. (I’ll presume it was a choice, unless two of the pages were stuck together in his copy, and he simply forgot about the millions that Whitewater receives from the state that most population group cities do not.)

We have significant poverty and significant need, and a bureaucrat’s selective use of data changes none of that sad truth.

Daily Bread for Whitewater, Wisconsin: 9-21-10

Good morning,

Today’s forecast for Whitewater calls for a day of thunderstorms with a high temperature of eighty-four degrees.

In the City of Whitewater, the Urban Forestry Commission meets this afternoon, from 4 to 5:30 p.m. The agenda is available online. Later, at 6:30 p.m., there will be a meeting of Whitewater’s Common Council. The agenda is available online, also.

Over at Wired, there’s a video that shows how destructive shark finning — killing sharks for fins — has been. In Video: Shark-Finning Puts Species on Verge Extinction, Annaliza Savage describes the problem:

Shark-finning has increased over the past decade for a number of reasons, including increasing demand for shark-fin soup and traditional cures, improved fishing technology and improved market economics, according to the conservation group Shark Water.

Shark fins go for big money. A single dried fin can fetch up to $300.

A growing Asian middle class now has access to shark-fin soup, a dish once reserved for royalty. Cities like Shanghai have multistory shopping centers dedicated to fish and animal sales, which include bin after bin of shark fins.

Here’s an accompanying video:


Link:
http://link.brightcove.com/services/player/bcpid90402333001?bclid=90190339001&bctid=605835578001 more >>

Since 2009, Unemployed More Likely To Drop Out Of Labor Force Than Get Jobs

Since 2009, a layoff victim has been more likely to give up looking for work and drop out of the labor force than to find a job, according to a new report from the Roosevelt Institute, meaning employment prospects for the jobless are the worst they have been since the government started keeping track of them.

Via Since 2009, Unemployed More Likely To Drop Out Of Labor Force Than Get Jobs.

Official’s Misconduct: Calumet County District Attorney Ken Kratz’s Treatment of a Crime Victim (Update 4)

Governor Doyle, doing the right thing, announced that he will promptly begin the removal process of Calumet County District Attorney Ken Kratz. (I’ve criticized Doyle on economic issues, but is doing the right thing, commendably in this matter, of victims’ rights and prosecutorial misconduct.)

Consider a second instance of misconduct, as reported in the story to which I have linked, above:

Earlier Monday, Doyle’s office released a letter from a second woman who says Kratz made inappropriate comments to her and even invited her to watch a crime victim’s autopsy.

In a letter sent Friday, the woman said Kratz contacted her on Match.com in December. She said they had dinner at a Green Bay restaurant in January, and that during the meal Kratz took several phone calls from detectives investigating the disappearance of a woman who investigators believed had been killed.

The woman, whose name was redacted from the letter, wrote that Kratz discussed several aspects of the case with her that had not been released to the public. The woman wrote that she and Kratz communicated by text for a couple of days after their dinner.

The woman wrote in the letter that Kratz eventually sent a text “inviting me to go with him to the autopsy (provided I would be his girlfriend and would wear high heels and a skirt).”

At the State Journal, there was an earlier report, before Gov. Doyle spoke, with additional, disturbing details about Kratz’s misconduct in the prosecution of a domestic abuse case.

It was misconduct for Calumet County D.A. Ken Kratz to send a domestic abuse victim vulgar, propositioning text messages while he prosecuted her ex-boyfriend for attacking her. It was far, far worse for Kratz to say that he might reduce the charges only minutes before he started propositioning her. (Kratz denied suggesting as a reduction only days ago; records made at the time, now revealed, show that he is accused of exactly that.)

[Crime-victim] Van Groll told state investigators the text messages started coming after she met with Kratz to be interviewed about the case. She said she thought it was odd he asked at the end of the conversation whether she would mind if he reduced the charge [against her attacker] from a felony to a misdemeanor, according to the Division of Criminal Investigation records made public Monday. She responded that strangulation is a felony.

Minutes after she left his office, Kratz started sending the series of messages.

Van Groll’s attorney, Michael Fox, said the discussion of a lesser charge gave the text messages greater impact. Van Groll told police she felt pressured to bow to Kratz’s wishes or worried he’d retaliate.

“She was frightened that, to the extent she didn’t at least be civil to this district attorney, that charge might be lessened and her greatest fear was that it would be dropped altogether,” Fox said.
“Whether intended or not, it amplifies the harmful nature of the statements he made to her.”

Kratz has hired an attorney of his own, and the latest AP story makes clear that the purpose of hiring counsel is to try to keep his job. (He’s not looking to protect himself against a civil claim, if any, from the victim, but to keep his official post.)

He must be removed from office, and the State of Wisconsin must be prepared to contest any attempt he makes to retain his post. Wisconsin district attorneys (through their own association), crime victims, legal experts, and several legislators have called for Kratz’s dismissal.

Governor Doyle is right to act, and swiftly, against an official unworthy of the public trust.

For prior posts, see Official’s Misconduct: Calumet County District Attorney Ken Kratz’s Treatment of a Crime Victim, Official’s Misconduct: Calumet County District Attorney Ken Kratz’s Treatment of a Crime Victim (Update), Official’s Misconduct: Calumet County District Attorney Ken Kratz’s Treatment of a Crime Victim (Update 2), and Official’s Misconduct: Calumet County District Attorney Ken Kratz’s Treatment of a Crime Victim (Update 3).

Official’s Misconduct: Calumet County District Attorney Ken Kratz’s Treatment of a Crime Victim (Update 3)

I’ve posted before about the Calumet County District Attorney, Ken Kratz, who sent a series of vulgar, propositioning text messages to a domestic abuse victim while he was prosecuting her ex-boyfriend on a felony charge. Kratz should never have sent the messages, and should have resigned immediately after sending the first one. There are some updates about his conduct.

Kratz’s Misconduct is as a Prosecutor. There’s a fine story in the Wisconsin State Journal that summarizes nicely that Kratz’s text messages were ethically wrong: “As soon as he hit the “send” button on sexually charged text messages, Calumet County District Attorney Kenneth Kratz should have known he was creating an ethical minefield, legal experts said.”

His misconduct should be evident to anyone:

Prosecutors have additional requirements beyond what private lawyers must follow. Among them is to be “ministers of justice” who treat all parties fairly.

[Richard] Supple, a former prosecutor for New York state’s lawyer-regulation system, said the temptation in Kratz’s situation might be to come down unreasonably hard on a defendant to curry favor with the victim.

Or, if he and the victim had a falling out, to go easy on the defendant.

“A DA’s obligation is to do justice, and that includes justice to everybody, including the defendant,” said Supple, a partner at Hinshaw & Culbertson, which has offices in Wisconsin.

It’s unavailing to contend that Kratz broke no criminal laws; his actions violated his professional obligations as a prosecutor.

Where was Wisconsin’s attorney regulatory agency, the Office of Lawyer Regulation? It was someplace, anyplace, where it was convenient to do nothing. (Kratz contends that the OLR found no violations in his conduct; the OLR contends that it is not allowed to release any information about Kratz’s conduct.)

Kratz Gets a Lawyer, Goes on Medical Leave. See, Calumet County DA Ken Kratz Goes on Medical Leave. I don’t know all the reasons that Kratz has a lawyer, but one is sure to be the possibility of legal action from the recipient of Kratz’s messages. He’s also announced that he’s going on medical leave, although his ailment is undisclosed.

For prior posts, see, Official’s Misconduct: Calumet County District Attorney Ken Kratz’s Treatment of a Crime Victim, Official’s Misconduct: Calumet County District Attorney Ken Kratz’s Treatment of a Crime Victim (Update), and Official’s Misconduct: Calumet County District Attorney Ken Kratz’s Treatment of a Crime Victim (Update 2). more >>

Downsizing the (Federal) Government

Last Friday’s comments included proposals to reduce military spending and spending on bridges & bike paths that go nowhere.

There’s a lot that’s been said about Alaska’s proposal for a Bridge to Nowhere, but it’s true that we have our own, genuine, half-completed project in Whitewater. We’ve not had the publicity, and reporters’ attention, that Alaska got for a mere proposal (Gravina Island Bridge). That hardly seems fair; we got less attention for a real bridge than Alaska got for an earmark that was finally rejected.

I posted one part of a much larger Cato e-book on downsizing the federal government, and possible cuts for the Department of Transportation. The e-book has proposals for all of the federal government, including ideas for reducing defense costs.

(Sections on reducing expenditures by federal department on the DownsizingGovernment.org website are going up department-by-department, and defense is slated for posting sometime soon.)

There’s no question that America has enemies, and we have to right to defend ourselves against those enemies. Tat doesn’t mean we have to spend on every project that’s technologically possible.

More significant, it’s a free-market domestic economy, unburdened by too much spending, that makes possible the wealth that sustains an adequate defense. A productive economy greatly improves the security of America, as it serves as a source of plenty for us, object of admiration for our allies, and formidable safeguard against our enemies.

There’s room for cutting every department of the federal government, including defense.

Small Whitewater, Wisconsin will undergo her own budget deliberations, having held a preliminary meeting about which I’ll comment later. When those deliberations begin, it will make sense to take stock of what local political leaders have proposed, and what’s possible.

For now, it’s enough to say that there’s not been much justification for the status quo. It’s easy to offer platitudes about how many projects we need, but politicians and bureaucrats (bureaucrats most of all) owe the community more than insistence that Whitewater has to keep doing what she’s been doing. Last year, for example, Whitewater’s city manager, Kevin Brunner, began his budget proposal with the contention that demand for services kept rising, and so an increase in the levy was justified. On the contrary, he found from Common Council that keeping the tax levy from increasing mattered more than a supposed popular desire for more taxing.

Worse still, spending and borrowing on multi-million dollar projects provide no benefits to struggling residents; they’re empty efforts of bureaucratic vanity.

Nor, by the way, is cutting anywhere a good idea. Some services are more important than others, and selecting isn’t as cut-and-dried as some budget cutters think.

(For example, I think I can demonstrate that Whitewater should cut elsewhere than Parks and Recreation. I know that at least one Council member is keen to cut there; I’m confident that I can show it’s a bad idea.)

There’s a straw-man view that anyone wanting to cut is a hard-hearted person, interested in cutting with indifference to ordinary people’s lives.

Those who are looking to impose that stereotype will prove disappointed; serious, necessary cuts for reform don’t rest on, or harm, ordinary people, but improve their lives.

Wisconsin Attorney General Hosts Public Records Seminar

The Wisconsin State Journal reports that Wisconsin’s Attorney General, J.B. Van Hollen, will host an open records seminar this week in Madison. The Wisconsin Department of Justice will hold several public records seminars, live or video-taped, over the next few weeks. See, Wis. AG to host first open records seminar.
Free registration for the seminars is available online.

Wisconsin’s Public Records Law (WPRL, ss. 19.31-19.39) and Open Meetings Law (WOML, ss. 19.81-19.98) are necessary checks on government officials otherwise often unchecked.

Daily Bread for Whitewater, Wisconsin: 9-20-10

Good morning,

Today’s forecast for Whitewater calls for a twenty-percent chance of thunderstorms and a high temperature of seventy degrees.

In the City of Whitewater today, there will be a Parks and Rec Board meeting. The agenda for that meeting is available online.

For those looking for a bit of cat-bloging, here’s your fix:

Wired reports from the National Zoo in Washington that Baby Lion Cubs Get First Vet Exam” —

They were great first-time patients and all four cubs appear to be healthy at this time,” veterinarian Katharine Hope at the National Zoo said in a press release. “Their eyes are starting to focus on things, their hearts and lungs sound clear, they are all strong and in good body condition and it looks like some of their lower teeth will start erupting soon.”

Here’s a link to a live cub cam:
http://nationalzoo.si.edu/Animals/GreatCats/default.cfm?cam=LC1#cam

Image courtesy National Zoo.

Recent Tweets, 9-12 to 9-18

Bacteria Ate Mostly Gas, Not Oil In BP Spill http://huff.to/d9vqu7
September 16, 2010 9:09:38 PM

RealClearMarkets – AP – Markets – – US homes lost to foreclosure up 25 pct on year http://bit.ly/aZgEU4
September 16, 2010 9:06:10 PM CDT

BBC News – Pigeon flies past broadband in data speed race » FREE WHITEWATER http://bit.ly/9i2uow
September 16, 2010 8:58:20 PM CDT

Exceptionally difficult times for America U.S. poverty rate jumps to 14.3 percent; highest since 1994 http://bit.ly/cfMvGD
September 16, 2010 10:08:13 AM CDT

Calumet County DA ‘sexted’ abuse victim http://bit.ly/bK4QGs
September 15, 2010 7:08:48 PM CDT

I’m not sure, but he’s welcome: The Liberty Papers »Blog Archive » Jon Stewart Is Becoming A Libertarian http://bit.ly/8XtcOZ
September 15, 2010 5:47:18 PM CDT

Outlook Clouds Fed Move – WSJ.com http://bit.ly/bF5EDt
September 15, 2010 5:27:44 PM CDT

Filling Up Prisons Without Fighting Crime: Mark Kleiman on American’s Criminal Justice System » FREE WHITEWATER http://bit.ly/9PxviH
September 15, 2010 7:58:26 AM CDT

Odds Whitewater, WI’s school district will invite her back? Lt. Gov Lawton to speak to Freedom from Religion Convention http://bit.ly/cMTFus
September 14, 2010 7:13:38 PM CDT

It’s an engaging series, but the Aeneid it’s not RT @wsjfree: How ‘Halo: Reach’ Is Like Classical Literature http://on.wsj.com/cdSHkF
September 14, 2010 2:38:41 PM CDT

Citizens are neither pawns nor obstacles of bureaucrats’ grandiose dreams
September 14, 2010 2:25:42 PM CDT

Are small-town squires so imperious that they see vote as privilege? Perhaps they see citizen’s rights as merely official inconveniences
September 14, 2010 2:23:48 PM CDT

Local gov’nt-biz schemes brought debt & distressed districts, will city administration chart a new course Will old dogs learn new tricks?
September 14, 2010 2:20:11 PM CDT

Whitewater WI’s gov’nt-business partnerships were hyped They were resource-diverting in better times They’re even more harmful in hard times
September 14, 2010 2:15:43 PM CDT

Whitewater WI saw limited progress from 2000-2007, but not for reasons officials thought, so no likelihood of success as conditions worsened
September 14, 2010 2:12:08 PM CDT

Note to the stodgy town fathers of Whitewater, WI: voting is a right, not a privilege
September 14, 2010 1:31:29 PM CDT

The Poetry of Government Waste: Innovation Center Haiku « FREE WHITEWATER http://bit.ly/9fTtWK
September 14, 2010 10:22:43 AM CDT

An unfortunate trend in many cities: RT @WiStateJournal: [Madison] City government borrowing 3X more than 10 years ago http://ow.ly/1906T9
September 14, 2010 10:16:10 AM CDT

Mother obsessed with computer game neglects her three children and lets two dogs starve to death | Mail Online http://bit.ly/ajZJuO
September 13, 2010 6:42:23 PM CDT

Cuba to lay off 500,000 state workers over 6 months, allow private jobs immediately CNN http://bit.ly/94YzYn chance better private income
September 13, 2010 3:27:30 PM CDT

davidgumpert: Six things to know before defying food police (it’s lonely, get your family on board, hire a lawyer) http://bit.ly/cPwdSb
11:49 AM Sep 13th

RT @IJ: If you can’t beat ‘em, sue ‘em! Find out how people use campaign finance laws to silence unpopular speech: http://iam.ij.org/bBdCqY
10:30 AM Sep 13th via Seesmic for Android

Record gains for US poverty with elections looming — GazetteXtra http://bit.ly/95R1cR
4:10 PM Sep 12th via bitly

The fallen status of books makes it hard times for hardcovers. – By Jack Shafer – Slate Magazine http://bit.ly/cu6mqQ
4:03 PM Sep 12th via bitly

RT @nature_org: via @fastcompany @arielhs: Dog park powered by pooch-poop created methane. http://nature.ly/abWRwD
3:47 PM Sep 12th via Seesmic for Android

RT @WiStateJournal: Curiosities: How are plastic sheets and bags made? http://ow.ly/18YyRI
3:47 PM Sep 12th via Seesmic for Android

“Got $85,000? 9 luxury suites at Lambeau available” by GazetteXtra http://bit.ly/bMsS1e
3:35 PM Sep 12th via bitly

Archaeologists find wealth of artifacts at Koshkonong Township dig http://bit.ly/cZlr2f
3:33 PM Sep 12th

Simultaneous roles on City Council, Community Development Authority & Tech Park Board: a trifecta for boosterism of wasteful projects
11:14 AM Sep 12th

When local pol & ersatz newsman links spending story he should mention he’s on the CDA & Tech Boards that approved $ http://bit.ly/alMqXl
11:09 AM Sep 12th

Wasteful Spending Excuses from Brunner and Telfer: “UW-Whitewater Breaks Ground on Technology Park” » FREE WHITEWATER http://bit.ly/9XZ2RN

From the Institute for Justice: Defending the Right to Ordinary Speech

Is it possible, in America, that government will not allow citizens to make a living describing national landmarks without holding a license from the state? A license, literally, to speak about our democratic heritage. Not a business license — no, a second license from government — by which government claims to permit a person to speak. However wrong such a restriction surely is, the District of Columbia imposes that very constraint on ordinary speech.

The Institute for Justice, a libertarian, civil liberties law firm, has taken the case of Tonia Edwards and Bill Main. Here’s what Tonia and Bill do, and what the District of Columbia claims as the power to imprison them, for up to three months:

“The government cannot be in the business of deciding who may speak and who may not,” said Robert McNamara, a staff attorney with the Institute for Justice, a national public interest law firm with a history of defending free speech and the rights of entrepreneurs. “The Constitution protects your right to communicate for a living, whether you are a journalist, a musician or a tour guide.”

Together, Tonia Edwards and Bill Main run Segs in the City, which provides fun and informative Segway “safaris” in Annapolis, Baltimore and Washington, D.C. There is, however, a key difference between the three cities: In D.C., doing this makes them criminals. Currently, for telling their customers that the National Archives houses the Bill of Rights, Tonia and Bill could be fined and sentenced to 90 days in jail.

The District’s licensing scheme makes it illegal for anyone to “guide or escort” anyone else for hire without first passing a test and obtaining a special license. The prohibition on unauthorized talking covers all of the public spaces in D.C. – including roads and sidewalks.

“This is a very important case because it is about our constitutional right to speak,” said Tonia Edwards. “We have a business license to operate, but the government cannot force us to get an additional license to speak. When we win, we will protect not only ourselves, but the free speech rights of countless other entrepreneurs as well.”

Here’s a video about the case:



Link: http://www.youtube.com/watch?v=tEByACY4k9M.

It has should never be, under the United States Constitution, the place of government to require a permit to speak about places, objects, or ideas. Speaking on these topics is a right of all Americans, and mere speech must not fall under the control of federal, state, or local officials. more >>