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“A battle over executive authority versus legislative authority is brewing over the firing, and subsequent re-instatement of the Executive Director of the Pennsylvania Office of Open Records, Erik Arneson.”- Read more.

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Will the third time be a charm for the pro-medical marijuana advocates?

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Tax Cut Power Grab

The Harrisburg Tax Collector to replace the local property tax collector- same tax, different collectors

Opinion- The Editor dissects Governor Wolf’s property tax cut proposal and what it means to Tioga County.

Paul Gordon Collier- An old adage comes to mind when I think about the current debate over property tax reform.  The old adage goes something like this, “He who owns the gold makes the rules.”  This idea of the one who holds the gold being the one who makes the rules is the primary principle why I stand in opposition to a tax cut that could save my family over $1000 a year.

Who should hold the gold? Harrisburg or Local Communities?

As we covered in the last issue of the Tioga Freedomist, Governor Tom Wolf has released his budget for the fiscal year starting in July of 2015.  One of the major components of his budget proposal was property tax reform.

Governor Wolf’s budget outlines a plan the Governor claims will reduce property taxes by as much as 50 percent.  He plans on doing this by funding education through a severance tax (so-called ‘fracking tax’) and other new taxes on everything from cigarettes to child care.  His plan calls on Harrisburg increasing the percentage it pays for public education from 35 percent to 50 percent.  To put that in perspective, that increases Harrisburg’s part in the public education budget by a staggering 43%.

What most people might hear in this debate is that Governor Wolf will cut your property taxes by 50 percent.  As a homeowner, let me tell you that this news would personally have a huge impact on my family’s financial situation.

But, if you simply stop at the opening sentence, you will miss some very important intended or unintended consequences of such a move, as well as miss out on the possibly disputable fact that, at the end of the day, you will still be sending as much of your money (if not more) to governments (be they local, county or state) as you were before the promised 50 percent property tax cut.

The Wolf tax cut is not a tax cut at all, but a re-assignment of tax collector.  The local and county governments will not be collecting as much revenue as they were, but the state government, Harrisburg, will be collecting more.

As anyone who has ever sat in on a local government meeting knows (be they borough meetings or county meetings), a majority of the actual work that that local government does is grant writing and lobbying for a bigger cut of the budgets of the governments higher up in the hierarchy.  Any dollar that comes from a higher office always has strings attached.

If you want to excel in local government, learn how to be an effective grant writer.

What this proposal actually means, if it were to go through, is that the power of local governments would be even more reduced while Harrisburg’s power increases.  A smaller group of individuals will have greater say on the money that local schools get and the conditions the local schools must meet to accept that money.

Coupled with this proposal to replace the local property tax collector with the Harrisburg sales tax collector is Governor Wolf’s bipartisan commission to develop a fair funding formula that will ‘distribute education dollars to local districts.”

This commission will decide whether Tioga County gets to keep more or less of the money the state collects from it, with a significant portion being money that the localities once had the power to control themselves.  Perhaps, if Tioga County is one of the fortunate localities favored by this commission, it may get MORE money than the state collected.  Maybe Tioga County will get some of Dauphin County’s dollars, or, as is more likely, maybe Dauphin County will get some of the dollars our local school districts once collected and put back into our schools.

When one hears of a tax cut, one that could actually reduce their taxes by $1000 or more a year (as in my case), one cannot help but be tempted by such a proposal. But when the benefit of that savings (even if it were NOT offset by new taxes, ones that will actually regressively affect the bottom 20 percent) means a loss of local sovereignty and more direct accountability by a local community, I must singularly, aggressively, reject such a power grab by Harrisburg.

Patrick Henry once said, “Give me Liberty or Give me death.”  Perhaps I can change that to, “Give me local sovereignty, even if it means higher property taxes.”

What he meant to say was this, “Give me local sovereignty, even if it means higher property taxes.”

America was founded on a principle of individual liberty from which we created the great laboratory where many ideas could be tried, with the successful ones being repeated by other local communities.  This proposal is yet another step towards killing the great engine that made America one of the most significant innovators of the past 200 plus years.  The more we consolidate power in small circles, the more we kill that great engine, Liberty.

Read about the Governor’s Budget here.

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PA Governor Tom Wolf addresses the PA General Assembly

Paul Gordon Collier-  Governor Tom Wolf has recently introduced his first PA Budget this past Friday, the 6th.  He presented an outline of his budget proposal to the PA General Assembly.  The budget is an overall increase of $5 billion from last year’s budget (a 16 percent increase), which includes $4.7 billion in tax increases, the largest tax increase in PA history.

That tax increase, coupled with what is missing from the Governor’s budget, addressing the public employee pension issue the Republicans have been calling for, leaves Harrisburg insiders skeptical the budget will ever be passed.

The overall theme of his budget is ‘schools that teach, jobs that pay, and government that works.”  According to the Governor, his budget seeks to be bi-partisan in nature.

Governor Wolf stated, “As you know, I campaigned on the idea that we need a new approach to governing Pennsylvania — one that challenges the status quo and takes on old problems in fundamentally new ways.  And one of the old problems we need to put to rest is the idea that Democrats and Republicans can’t work together to solve Pennsylvania’s problems.  I believe we can.  And that’s why I have made it a priority the past six weeks to meet with just about every Member of this body, both Democrats and Republicans.”

Governor Wolf has an aim in his budget proposal to eliminate the current $2.3 billion deficit while also working to ” rebuild the middle class.”

The budget proposal contains some popular tax cuts among republicans, a significant shift  and increase in PA public school education funding, reductions in property taxes, the severance tax on natural gas, tax raises in both the personal income tax and sales tax, a proposal to raise the minimum wage and an expansion of Medicaid through the Affordable Care Act.

One of the key parts of his budget plan that will have the greatest impact on Tioga County is his proposal for funding. Governor Wolf is proposing a few key tax cuts and tax increases,  including the severance tax on the extraction of natural gas (read our article on that proposal here).

“I am proposing a five percent severance tax that is projected to generate more than $1 billion in annual revenues.  The impact fee dollars are preserved and will continue to support communities where drilling takes place,” Governor Wolf said.

Other tax increases come from a proposal to increase the personal income tax from 3 percent to 3.7 percent, a 23 percent tax increase, as well as increase in the PA Sales Tax from 6 percent to 6.6 percent, a 10 percent increase.

There is also a proposal to add  a $1 per pack of cigarettes tax, earmarking the revenue for education funding.  But the Governor also had some good news in the form of direct and indirect tax cuts.

Governor Wolf has outlined a method of indirectly reducing property taxes (which will be detailed below).  This tax reduction is part of his overall assertion that he will reduce taxes for “average middle-class homeowners by 13 percent.”

On this point, Governor Wolf cited the legislation proposal last July by Republican House Majority Leader Dave Reed.  Citing numerous republicans supporting this legislation, Governor Wolf hopes for a bipartisan approval of this part of his budget.

In response to this part of the Governor’s Budget, the majority leader responded, ““I do appreciate the governor’s efforts to provide property tax relief. People across the state should not have to choose between paying their property tax bill, or buying medicine or heating their homes.”

According to Wolf, his budget, “will reduce the average homeowner’s property taxes by 50 percent, putting more than $1,000 each year in their pockets.”

Wolf also proposes some tax cuts that republicans have long wanted, including a cut in the corporate net income tax rate from 9.99 percent to 5.99 percent in the first year and 5.4 percent by the year 2018.  With that tax cut, he also proposes cutting corporate tax loopholes that, according to Wolf, enable “70 percent of companies that do business in Pennsylvania (t0) not pay corporate net income taxes at all…”

The governor would cut the so-called “Delaware loophole” that allows PA corporations to incorporate in Delaware, avoiding the corporate net income tax altogether.

The Governor also proposes phasing out the Capital Stock and Franchise tax, something the Republican majority leader supports.  “We agree with the need to reduce the state’s Corporate Net Income tax (CNI) and are relieved the governor took any Capital Stock and Franchise Tax (CSFT) discussion off the table. Now begins the discussion to realistically reach these goals,” Majority Leader Reed responded.

Governor Wolf does offer a a higher tax forgiveness threshold from $32,000 a year for a family of four to $36,400 a year.

One of the key components of his budget is to add $2 billion in public education funding.  Wolf explained that “This budget increases our investment in public schools at every grade level.  It also recognizes that our responsibility to provide a great education does not begin at kindergarten and end with high school.  That’s why my budget also expands access to early childhood education by increasing the number of children in Pre-K by 75 percent.”

The budget also plans on adding $15 million to community college funding, but with a significant string attached to that increase, a call to freeze tuition.

According to Wolf, his plan will reduce homeowner property taxes by 50 percent by replacing the lost funding from what the Governor characterizes as education cuts by the former Governor (see our article about this debate over the definition of cuts).

A significant change in Pennsylvania public school funding is being proposed by Governor Wolf in this budget.  The Governor calls on increasing the state’s percentage of public school funding from 35 percent to 50 percent.  This will be the first such increase in PA funding percentages in over 40 years.  This plan to increase funding percentages, the Governor asserts, will allow local communities to cut property taxes that were raised due to the budget cuts of the last 2 years.

Another major proposal from the Governor is the creation of a bipartisan commission to develop a fair funding formula that will ‘distribute education dollars to local districts,’ Governor Wolf stated.  He added, ” that means poorer urban and rural districts are not getting the help that they need.”  The criterion for this formula will be based on  district size, poverty levels, and student makeup.

Governor Wolf made it clear that he was for an increase in the minimum wage to $10.10 an hour.  He did not propose a timeline for how to get there.

Finally, the Governor announced his intention to reverse the former Governor’s decision to turn down the Federal funding to expand the Medicaid program, an issue that is sure to wrangle the feathers of the GOP-controlled legislature.

What is noticeably missing from this budget is a campaign promise by Governor Wolf to create a progressive personal income tax.   His flat tax increase in personal income tax goes against his campaign promise to not burden families making $70,000 to $90,000 a year with any tax increase. His budget proposal seeks to offset those tax increases with reductions in property taxes.

Republicans believe that the lack of a progressive tax is either because Wolf knew he did not have the PA constitutional authority to enact such a tax or he knew such a tax would never pass a republican-controlled House.

Even Democrats acknowledge the budget is ambitious, “The governor deserves credit for proposing an aggressive approach aimed at solving Pennsylvania’s most pressing problems,” Senate Democratic Leader Sen. Jay Costa (D-Allegheny) said about the $29.88 billion spending plan. “It is bold; it is responsible; and, it is necessary in light of the structural deficit that exceeds $2 billion, the gaping education funding hole and jobs deficit that Pennsylvania faces.”

While Republicans responded by stating “The Governor is proposing devastating tax increases totaling $4.7 billion for the upcoming fiscal year – the largest in state history.  His proposal would raise taxes by $12 billion over the next two fiscal years – about $1,000 for every man, woman and child in Pennsylvania. Families will pay more in personal income taxes and sales and use taxes, which, under the Wolf plan, increases and makes additional items taxable.  It is immensely concerning that in his proposal, there is nothing that will keep property taxes from going back up.”

Our local State Senator, Joe Scarnati III, also the Senate President Pro Tempore reacted to the Wolf Budget with this statement, “Over the past four years Pennsylvania’s economy has been on the right track, as Pennsylvania’s unemployment rate is at the lowest rate in more than six years and with the right fiscal policies, it can go lower.  We will not allow the irresponsible budget proposed by Tom Wolf to destroy the hard work we have done over the past several years to develop a strong business climate and increase access to good family sustaining jobs across Pennsylvania.”

Our local State representative, Matt Baker, stated, “The recently unveiled 2015-16 budget proposal by Gov. Tom Wolf represents the largest tax increase proposal in the history of Pennsylvania. It would be a $4.7 billion tax hike, which is a 16 percent increase over this year’s budget, for a total of $33.8 billion in spending. I strongly oppose this unprecedented and massive tax-and-spend plan that would hurt so many working families struggling to pay their bills and provide for their families…..The Sales and Use Tax, under his plan, would now include things like baby diapers, child day care, textbooks, doctor’s visits, attorney’s fees, long-term care, wheelchairs, coffins and many other items and services. ….(on the Severance natural gas tax) This is an industry that has provided many families with good jobs and boosted the local economy throughout the Northern Tier. I think we need to be careful that we do not drive this economic giant and job creator out of the state due to such heavy financial burdens.”

Political insiders mostly agree that the budget, as proposed, is dead on arrival.  But, even as Representative Baker points out, the process has begun during which some version of the Wolf budget may yet emerge.

Representative Baker stated, “, the governor’s budget address is only the first of many steps in the budget process. During the month of March, the General Assembly will be holding budget hearings with each of the state agencies to determine spending priorities and help us to flush out a final budget plan that will set Pennsylvania up for long-range success and does not place undue burdens on taxpayers. ”

We will keep you posted on these developments as they emerge.  Read the Editor’s Opinion on the Property Tax Cut Proposal here.

You can watch the Governor’s complete speech here:

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Paul Gordon Collier- At a speech delivered today at Caln Elementary School in Thorndale, PA, Governor Tom Wolf hinted at a move that will be sure to stir up controversy in the gas industry.

During the speech, which was the kickoff to Governor Wolf’s “Schools that Teach Tour”, the Governor outlined a plan for taxing the value of natural gas, as well as adding a fixed state fee based on cubic feet estimates of Marcellus Shale Natural gas. This is being called a severance tax.

The tax revenue Wolf estimates to generate from this plan would amount to $1 billion a year. He has already earmarked that tax revenue to go to public schools. During the speech, Wolf cited the ‘cuts’ his predecessor made, Governor Tom Corbett, to education spending, promising to restore those cuts through this proposed severance tax plan.

(See our October 2014 Article addressing the debate on whether these were cuts or not)

Governor Wolf detailed a plan that would place a 5 percent tax on the estimated value of the gas based on the current market price, as well as a 4.7 cent tax per thousand cubic feet of estimated Marcellus Shale natural gas.

In a key part of this speech, Governor Wolf said, “We can get Pennsylvania back on track, and we can start by passing a commonsense severance tax that will help fund our schools – an idea with bipartisan support. The commonwealth ranks 45th in the nation in percentage of state funding for public education, and, as a result, we have seen larger class sizes, fewer teachers, and vital program cuts. These cuts have made it more difficult for students to get a strong education in Pennsylvania’s public schools. This is the right thing to do for our children and our economy and to move Pennsylvania forward.

In May of 2014, when the Wolf campaign was floating around the idea of a severance tax, Tom Shepstone, in an article on naturalgasnow.org (a pro-natural gas industry organization) had this to say about the plan, “Robbing Peter to pay Paul is a poor strategy, no matter how much Paul may applaud it. West Virginia, relatively speaking, has the highest state tax burden of any oil and gas state examined. The Pennsylvania severance tax proposal would move us closer to West Virginia and stymie what we have. It’s foolish. Robbing Peter never works.”

In a poll taken back in June of 2014, commissioned by the same group, Natural Gas Now, the numbers present a mixed opinion from Pennsylvanians on the idea of a severance tax:
“Among the three-quarters of voters who have been following the natural gas severance tax debate, 55% favor adding it, 34% oppose it, and the remainder is not sure. Just one-third (33%) favor a severance tax if it results in jobs leaving the state while 58% oppose it if it costs jobs.”

If Pennsylvanians make a connection between jobs and the severance tax, then support for the tax drops to 33 percent. If no connection can be shown between the severance tax and it having a negative effect on jobs, then support is strong at 55%.

The PA State Senate has 30 Republicans and 20 Democrats while the General Assembly has 119 Republicans to 84 Democrats. By coupling the severance tax with increases in the PA Education Budget, Wolf has a chance to put pressure on the Republican-controlled Assembly and Senate. A battle in the legislature, which, at present, may seem to be a losing battle for Wolf, could set up a key issue for democrats to run on in 2016.

The Education budget was a central theme of the Wolf campaign, and many view the recent election as a mandate by Pennsylvania voters to increase spending in the education budget. Republicans counter that there is no such mandate, that Corbett’s handling of the Joe Paterno firing had more of an effect on the election than did the debate over education spending.

It should be noted that the same electorate that sent Governor Wolf to Harrisburg also sent record numbers of Republicans to Harrisburg in the Assembly and the Senate. However, the Wolf campaign did run on a platform focused on education spending.

Regardless of whether or not the Governor has a mandate, the fight in the legislature is sure to be a fiery one. If the Governor does have a mandate, if the Pennsylvania voters do not make a connection between the severance tax and potential job losses, then the democrats may just have a winning issue for 2016.

Here is the full policy memorandum outlined by Wolf to PA Legislators:

Pennsylvania’s schools have suffered from $1 billion in funding cuts and a lack of resources. We have seen larger class sizes, fewer teachers, and program cuts that make it more difficult for students to get a strong education in Pennsylvania’s public schools. If we are going to get our Commonwealth back on track and be competitive in the 21st century economy, we must provide our young people with the educational foundation necessary to be successful.

Pennsylvania currently ranks 45th in the nation in the percentage of funding the state provides for public education. This is intolerable. Pennsylvania must take the lead in investing in early childhood, K-12, and higher education.
With Pennsylvania sitting on one of the largest deposits of natural gas in the world, it is up to us to use this resource wisely so it benefits all Pennsylvanians and helps to fund our schools.

Pennsylvania is currently the only major gas-producing state in the country that does not charge a tax on oil and natural gas extraction – and we’re failing to tax this resource at a time when our schools need more funding. If states like Texas, West Virginia, and Oklahoma are able to charge a severance tax to fund key priorities, it is long past time Pennsylvania does too.

In order to ensure that we are appropriately funding education at all levels, I am today proposing the Pennsylvania Education Reinvestment Act. This will raise needed new revenue for our state’s public education system by imposing a reasonable tax – in line with our neighbors – on the extraction of natural gas within the state.

The tax proposed in the Education Reinvestment Act will be modeled after the severance tax in neighboring West Virginia, which like Pennsylvania has seen a recent boom in production of natural gas from unconventional drilling.

Implementing a similar structure to West Virginia will ensure that Pennsylvania is competitive with neighboring states. In addition, this approach has the benefit of being field tested. West Virginia offers proof that a state can build a thriving unconventional natural gas industry while simultaneously using a portion of the proceeds to help make a better future for its citizens.

I am proposing a 5% plus 4.7 cents per MCF tax. My proposal would not be on top of the existing impact fee but includes it. My proposal would continue the payments made to communities impacted by drilling that are currently funded by the impact fee.

We can get Pennsylvania back on track, and we can start by passing a commonsense severance tax that will help fund our schools – an idea with bipartisan support. At a time when our budget is facing significant challenges and our schools are struggling, it simply makes sense to pass a competitive, commonsense severance tax.

Key Features
Tax of:
• 5% of the value of gas at the wellhead;
• 4.7¢ per thousand cubic feet of volume severed.
Reasonable exemptions for:
• gas given away free;
• gas from low producing wells;
• wells brought back into production after not having produced marketable quantities of gas.

A tax with this structure is expected to generate over a billion dollars in fiscal year 2017 with revenue expected to grow with production. This number is based on the following estimates of production from both conventional and unconventional wells:
• 2015: 4,915.0 bcf
• 2016: 4,978.2 bcf
• 2017: 5,065.3 bcf
• 2018: 5,114.0 bcf
• 2019: 5,186.2 bcf
• 2020: 5,265.5 bcf
Finally, the Education Reinvestment Act will contain provisions to protect property owners who lease land for natural gas exploration. No portion of the tax imposed in this legislation will be allowed to be deducted from royalty payments.
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Governor Tom Wolf

STAFF- Governor Tom Wolf has raised the pay for government employees, lifting a freeze on COLAs (Cost of Living Increase) which previous Governor Tom Corbett imposed.

Governor Wolf will be raising the salaries of his Cabinet officials to levels that assumed COLAs would have been applied for the years in which they were imposed. This lifting of the COLA freeze will affect 19 government departments and cost an additional $230,346 this year, a year in which Governor Wolf comes in facing a $4.2 billion deficit.

We find this perspective from the Tioga County PA Dems-
” I wonder why the right thinks a boss should not give his employees raises just because he works in government? I think Wolf is just trying to take care of his employees like a good boss. – Jason”

We find this from an editorial carried by triblive.com

“Think greed, arrogance, entitlement and self-service before public service.  So much for Tom Wolf’s “unconventional governor” pledge. Making a show of his own frugality, he plunders taxpayers’ pockets to fill those of his top officials.”

What’s your opinion? Is this a demonstration of a good boss doing right by his employees or is this a demonstration of bad government taking money away from the citizens to pay itself? Share your opinion with us on our Facebook page or email us at tioga@freedomist.com

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Acting PA State Police Commissioner, Col. Marcus Brown

Paul Gordon Collier- Before Governor Tom Wolf took office, he selected a new PA State Police Commissioner, Col. Marcus Brown, to replace Col. Frank R. Noonon.  Noonan was from Clarks Summit PA, Brown was coming off of a position as the Superintendent of the Maryland State Police.

At the time, Tom Wolf had this to say about his selection, “Colonel Marcus Brown has been in law enforcement for 25 years and has improved each law agency he has led.  As the head of the Maryland State Police, he led a commitment to a diverse workforce by recruiting in areas with high minority populations and historically black colleges.  As a result of his leadership, the Maryland State Police is one of the most diverse agencies in the region.”

Brown is the current acting commissioner until he gets confirmed in the PA Senate.  That confirmation faces a new challenge, not based on Brown’s law enforcement experience, but on what he wears.

Brown’s previous law enforcement experience was in California.  What’s missing from Brown’s resume is any PA State Police experience or certification. Coming in from the outside, Brown’s selection is causing waves in the department that may have found expression in a Facebook group started by retired PSP Trooper, Thomas Stuckey.  The Name of the Facebook page is “he didn’t earn it, he shouldn’t wear it.”

What Stuckey is referring to is the uniform that Brown now wears, one which, Stuckey claims, is only earned if you go through the PSP Academy, which Brown has not.  The Facebook group has over 2400 members and counting, mostly retired PSP troopers.

Stuckey does not have an issue with Brown being the Police Commissioner, he only has a problem with Brown wearing the uniform.  Stuckey explains,  “You don’t see the secretary of defense putting on an army uniform. You don’t see the secretary of the navy putting on a navy uniform. Those uniforms are earned.”

The Wolf administration has answered this critique through their spokesman, Jeff Sheridan, who said,“Colonel Brown believes that he should wear the uniform in order to represent the organization because he has such tremendous respect for the men and women who every day wear that uniform and are out on the streets.”

It should be noted that two other PA State Police Commissioners, Dan Dunn and Frank Noonan, who did not go through the PSP Academy chose not to wear the uniform.

While the Stuckey group was created in response to Brown’s decision to wear the PA State uniform, the issue of Governor Wolf hiring a PA State Commissioner from outside the PA State Police ranks has riled some.  Wolf’s move is seen by some within the PSP community as telegraphing an adversarial nature with the PSP right at the beginning of his 4-year term.  Others applaud Wolf, believing that the PSP needs a fresh perspective to help create more diversity in the ranks.

Here are some of the comments from the Facebook page:

Ken SmithHe didn’t earn it He shouldn’t wear it

It takes a LOT to EARN that uniform. Most people don’t even KNOW what it takes, even BEFORE putting your life on the line. For this POLITICIAN to wear the PSP uniform MAKES ME SICK!

Janet DeLucaHe didn’t earn it He shouldn’t wear it

Were there not any PSP officers that could fill this position?

Pollyanna Vastine BarrallHe didn’t earn it He shouldn’t wear it

This is a joke. My husband EARNED the right to wear a Pennsylvania State Police uniform. He put in the time and is still protecting and enforcing to the bestof his ability.

You want to wear it? Earn it. Just because you are appointed doesn’t give you the right to act like you went through the paces for that honor.

That’s a disgrace!

Duffy MargesonHe didn’t earn it He shouldn’t wear it

Dan Dunn and Frank Noonan had respect for the uniform and those who DID earn it, so they did not wear it. This new poser, wannabe statie obviously has no respect for either.

Morgan MercerHe didn’t earn it He shouldn’t wear it

I am the daughter of a retired state police men and I think this is absolutely appalling. Troopers put blood, sweat, and hard work into finishing the academy and the uniform is a symbol for that, among other things. Brown wearing this violates that symbol and is an insult to all troopers who have put in the hours. That he would have the audacity to think he deserves wearing it says a lot about him

Here is the latest from Tom Stuckey himself,

Tom StuckeyHe didn’t earn it He shouldn’t wear it

All !!! I want to thank everyone for your support and encouragement!! I have just completed calling all the Pa Senate reps. and asking them to NOT confirm Mr. Brown. I did an interview with FOX43 today that will be on at 5&6 tonight. Please call your Senators!!! Some have not heard of this. I will continue to push until Mr. Brown is removed. Grey88 / Grey Nation!!

The group has gained an additional 500+ likes in the past 24 hours and appears to be catching momentum, with an effort galvanizing around stopping the confirmation of Brown in the Republican-controlled PA State Senate.

Our region’s State Senator is Republican Joe Scarnati.  If you would like to call Scarnati to either support or oppose the confirmation of Col. Marcus Brown, you can call his Harrisburg office at 717-787-7084

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Erik Arneson

Paul Gordon Collier- On January 9th, Office of Open Records Executive Director Terry Mutchler resigned from her post a news conference in the Capital Rotunda.  She was originally appointed by Governor Ed Rendell in 2008.  The appointment followed the signing of the Right to Know Law, which gives Pennsylvanians a right to access to public records.   The office was created to oversee the execution of the Right to Know law.

The timing of Mutchler’s resignation is questionable, as it opened the door for then-Governor Tom Corbett to appoint a new Director to a six year term, which he did 2 days later.  Governor Corbett selected a republican senate staffer, on Januaary 11th. The move was met with ciriticism from the democrats and then-governor-elect Tom Wolf.  Mutchler’s term officially expired in April, but Governor Corbett had not chosen to re-appoint her or replace her.  Mutchler’s reason for resigning was given as taking an opportunity to work for a Philadelphia law firm.

Arneson is a Republican Senate Aid, who was the communications and policy director for Republican Sen. Dominic Pileggi since 2005.  He was also one of the  architects of the rewriting of the Right to Know law.

At the time of the appointment, then-Governor-elect Wolf questioned the ‘closed door’ nature of the 11th hour appointment.  While he did not question Arneson’s ability to do the job, he questioned the political motivation behind such a late move by Governor Tom Corbett.

He stated, at the time of the appointment, “I think this is the kind of thing that makes people skeptical. It makes them suspicious that something isn’t right.”

After being sworn in, Tom Wolf quickly moved to fire Arneson, who initially found out he lost his job when he showed up only to be denied access to his office.

Now Arneson is responding to the firing by suing Governor Tom Wolf.  The legal issue here is whether Governor Wolf has the constitutional right to fire a Corbett appointee on the basis that the appointee was made in the last days of the Corbett administration.  The lawsuit was joined by the Senate Majority Caucus.  It seeks an immediate injunction against Wolf’s actions, which would restore Arneson to the director position, at least until a final ruling could be made.  A hearing is scheduled for February 3rd.  We will follow up when we get the results of that hearing.

Here is a part of Governor Wolf’s response to the lawsuit:

By removing Mr. Arneson, I am standing up against an effort to destroy the integrity of the Office of Open Records and turn it into a political operation.  These attempts to change the office, which exists to protect the public’s right to know, are the exact reasons people distrust their state government. When given the choice between protecting the public and playing politics, I will stand with the people of Pennsylvania.”

“The actions taken by my predecessor in the eleventh hour, when he named Erik Arneson, a longtime Republican staffer, as executive director of the Office of Open Records, were anything but open and transparent.  As a public servant I strive to promote democracy and change the culture in Harrisburg. I will continue to fight for the integrity of the Office of Open Records. Today’s lawsuit does nothing to alter my conviction.”

Republicans argue that Wolf’s firing of Arneson because he didn’t like the way Arneson was appointed is a violation not only of the people’s trust in ways that far surpass Corbett’s 11th hour action, but is also overtly illegal.

The political wrangling over an office which is all about government accountability to the people it serves is not lost on any political observer, no matter their political persuasion

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