Fattah and his Appeal

So, in a big victory for the City and for campaign finance, the City kept its right yesterday to regulate its own elections. Whether you like the current law or not, if you believe in the home rule of Philadelphia, you should be happy that the City won this case. Why? Because over the last ten years, the City has seen its ability to self-govern severely limited in guns, schools, gambling, zoning (billboard law and its effects), lending and parking. What Fattah was arguing was that the City also didn’t have the ability to regulate its elections. He lost. However, now, Fattah is still going to appeal. Ugh.

It is not like I don’t get why Fattah and Brady want the limits lifted: here they both are, thinking they have a history of service, thinking that they will ably serve the City and help people, and now pompous Tom Knox swoops in with his millions, runs commercials over and over, and catapults himself to the top of the polls. Put simply, it is not “fair.”

Of course, fairness is not why we have campaign finance regulations. If this was all about fairness, we would have strong, public financing of elections, free TV time, and other things like that. Fattah told me that he is for public financing, and, that may be true. But, it seems like a more abstract “I am for it” than anything else. His policy proposals, which lay out all these wonderfully ambitious programs that may or may not be able to be implemented, say he will study public funding. Given how hard it will be for Fattah to put into place all the programs he pledges to accomplish, I am not exactly confident that something he wants to “study” is exactly going to be a priority. So, if he got his way, his appeal wins, the City no longer has a right to regulate campaign finance, Gerry Lenfest cuts him a half million dollar check, Jonathan Saidel gives Brady 2 million dollars, and the Wild West begins.

Strategically, I don’t even get why Fattah would appeal. At this point, the Supreme Court probably wouldn’t hear the appeal for weeks. And then a decision takes a while, meaning that Fattah, who is doing OK in polls, but at 18 or 20 percent, is not where he needs to be, needs to expand his base of voters. Now all he is going to do is piss people off.

I dislike Tom Knox, a lot. And so, the argument from Fattah (or from Jim Kenney) is, “your principles are going to land us Tom Knox.” And, I get that concern. But, as much as I dislike Knox, we cannot do public policy that way. If they were really concerned with this- Kenney could have proposed a real compromise to his bill. I might have not liked the compromise, but it would have been pretty hard to argue and organize against it. Instead, he went for broke, as Fattah is doing now. Bad idea.

The best part about Fattah is that he is incredibly ambitious. The worst part about him is that is so confident in himself, that he thinks the appearance of a couple Gerry Lenfests giving half a million are not a big deal, because he thinks he has enough personal integrity where it doesn’t make a difference. (John Dougherty had a similar argument for ignoring the Committee of Seventy, saying that ethics were inside of him, or something like that.) But, its not like everyone in the City magically trusts Fattah. If he wins, he will win with 70 percent of voters going for someone else. Being self-assured in his own ethical stances is simply not good enough.

I don’t think Fattah will be John Street, version 2.0. But, given that he has gone out of his way to show Street love at forums, given that Street clearly wants Fattah in office, etc, the perception that he is another Street is at least understandable. The last thing we need is another 8 years of a Mayor with a sub 30 percent approval rating. But given Fattah’s now close associations with Street, I don’t understand how he doesn’t get that people don’t magically trust him to properly deal with people who make 50k, 100k, and one million dollar donations. Or, why people don't simply "get" that he won't do what John Street did, and just put his head in the sand as corruption flourished around him.

Does this whole thing make me definitely vote against Fattah? No. But, does it make me more likely vote for someone else? Yes.

I think you touched on an

I think you touched on an interesting point.

You said he told you he is for public financing and will look into it. But if his appeal works, it means Philly can't implement any public financing changes. So in essence, he is tottering on a lie, if not just blowing smoke.

How can someone say they are for a proposition that they are actively fighting to make illegal to implement?

It also coincides with some of his other issues, i.e. the airport. He says he is going to look into it as being a revenue stream, even though the federal government, where he currently resides and hasn't worked on changing the law, has it illegal.

As the saying goes, actions speak louder than words. He has said he wants to do certain things, but actions have shown otherwise.

I don't think that is true.

I don't think that is true. Because public funding is a voluntary system, it generally can exist when normal campaign finance cannot.

Except the Supreme Court

Except the Supreme Court might set precedent that campaign finance laws is state's rights.

Basically my point is, if he stops here, he is leaving himself completely able to implement other campaign financing issues. If he proceeds with the appeal, it is very feasible that he could screw the whole pooch.

Just hard to say he is for Philly doing new policy while in the court system that could result in specifically retracting that ability from Philly.

A Major Victory for Home Rule?

The key issue in the court case is whether the city has the authority to make campaign finance laws. If Fattah's appeal is successful, the city might not have the right to make such laws.

And the larger issue is the city's authority vis a vis the state. I don't see how anyone committed to home rule can support any legal action that would diminish our authority.

By the way, the judge that wrote the decisions, Doris Smith-Ribner, ruled in my favor when Rosita Youngblood tried to knock me off the ballot when I ran for State Rep. three years ago. Her opinion then was careful, thorough, and firmly grounded in a careful reading of law and precedent. I have not read her decision in this case but have heard that it has similar qualities. This may well be a major breakthrough in the city's efforts to assert itself with regard to the state.

I'm not taking a position on the Mayor's race right now. I do like some of what Chaka Fattah is saying. But I'm distressed by his position on this issue. And I think that all of us who protested Kenney's bill ought to be saying loud and clear that this decision should stand.

Ironic

Does this mean that a candidate for mayor of Philadelphia (Fattah) is actually taking a case to the State Supreme Court in an effort to take away Philadelphia's right to regulate its own elections solely because he wants to win the election?

He's arguing that Philadelphia should LOOSE this right because he wants to be mayor of Philadelphia?

He wants to take rights away from Philadelphia AND wants my vote?

How does this not make him loose your vote? Loose everyone's vote?

Because some people are

Because some people are more caught up about Knox than about the principles (no, I am not referring to you Dan, I know you are standing by your principles more than your dislike of Knox).

They all have major flaws is the problem

Fattah's position in this case is outrageous as everyone on this thread has agreed. There is no justification for it, and a win for Fattah could have implications far beyond the campaign finance issue. It could set a precendent that deeply infringes on Philadelphia Home Rule power across the board by holding that whenever the state legislates on something, the City can't, even if the state hasn't expressly preempted us.

But the problem is, all the candidates are deeply flawed. Brady is synonymous with all that's wrong with the machine, Evans led the fight to preempt the City's power to regulate predatory lending, Knox furthers the notion that it's great to just buy elections, and Nutter engages in magical thinking about spending but not taxing.

I give up. I'm working on the Council races.

And after you made that nice

And after you made that nice succinct list, it makes ya wonder ...

Why hasn't anyone publicly posed these flaws to the candidates and had them address them? By public, I mean at debates and interviews, not blogs where they don't get put on the spot.

Stan, before you give up on the mayor's race...

Would you like to let everyone know that you were wrong about Michael Nutter "killing" Angel Ortiz' living wage bill in City Council and that Councilman Ortiz has now publicly refuted your claim?

Don't you think that would be the fair thing for you to do?

I support Michael Nutter for Mayor

No, I'm not wrong

I just have a different opinion than Councilman Ortiz. What I am reminded of from Councilman Ortiz' statement (that was circulated in an email exchange that I saw just yesterday) is that this particular assassination had many hands. But Councilman Nutter played an important role, one which I witnessed up close and personal. To the extent that I oversimplified by suggesting that Nutter alone was responsible, I regret it.

Whatever Nutter's role in the living wage saga, I can still never support him due to his record on taxes. That goes to the ability to fund the government, and therefore, virtually everything of concern in this election. There's one major reason I can't support each of the candidates; taxes is it for Nutter. But number two remains the role he played in cashiering the living wage bill.

Your opinion?

It seems to me, from the Ortiz statement that I saw circulated, that Councilman Ortiz' opinion is that your memory/opinion is wrong. As you have stated before, Ortiz was the bill's sponsor and in his statement he said that he and the main co-sponsor Councilman Mariano could not put together enough votes for passage and that was the reason it failed. He also explicitly stated that Michael Nutter did not kill the bill.

Did you witness Nutter's role more "up close and personal" than the sponsor of the bill did?

I suppose one man's oversimplification is another's misrepresentation.

I support Michael Nutter for Mayor

Dr. Stuff, whoever you are,

I was lead staff on the effort to pass this bill. Councilman Ortiz had his perspective from his position on what happened; I had mine. From my perspective I have misrepresented nothing. I saw things Ortiz didn't see; I was involved in meetings Ortiz didn't attend. And vice-versa. As much as I respect Councilman Ortiz I beg to differ with him on Rick Mariano's sole responsibility for cashiering this bill. He begs to differ with my view. But that view remains: Rick had his role, and Councilman Nutter had his role. And that's what I saw.

And Dr. whowever you are, you can try to drag this dialogue out for another week or so and insist that there's only one true picture of the universe, and it's whatever the lead Councilman says it is. But the world of Council is multi-dimensional which is why it is often suggested that if you're not keen on watching sausage made, stay far away from the legislative process. On this particular bill,the sausage bits were flying around like crazy. And lots of them, thrown by various principles and stakeholders, went "splat" And Councilman Nutter, not alone mind you, but actively involved, was in there splatting with the best of them.

Believe me, or believe me not; it's what I saw. There's nothing useful to be gained by developing an inquistion on the matter; because it's all going to come down to opinions and serve as a massive distraction from figuring out what we need to do as a city. Dr, if your diagnosis is that we need endless regurgitations of our histories on this, I hope you will reconsider. No one will benefit. No one will be proved right or wrong, and much space, time and effort will have been totally wasted.

However if it pleases you to impugn my integrity to bring this to an end, that seems to be par for the course on this site. So go have another whack at it at your pleasure. I'm not playin'

Commonwealth Court Decision a Victory for Home Rule Power

The Commonwealth Court decision was a victory for Philadelphia's home rule power. As one who three times supported--and helped push through the House-- legislation making clear that Philadelphia had the right to impose tougher campaign finance legislation than the state required, I am glad to know that the Commonwealth Court thinks that such legislation is not necessary.

This means that campaign finance reform will not be dependent on the whims of the State Senate if the Supreme Court does not override the Commonwealth Court.

I remain convinced however that Philadelphia's statutory scheme is defective. Philadelphia should follow the lead of Congress--which started limiting contributions in the 1970's--and set up much higher limits whenever one candidate spends more than $350,000 of his or her own money, and to ban an incumbent from raising money to pay off a personal debt in excess of $350,000 during his or her term of office.

Further, I would welcome a public financing plan such as has been adopted in New York City, where each small private contribution produces a much larger contribution of public funds.

No, spending a lot of personal money does not guarantee victory, and yes, a candidate who can raise the same amount of money from supporters is a stronger candidate.

But the underlying principle that campaign money should be limited is deeply undermined when the limits encourage people to spend unlimited personal resources to overwhelm all those facing limits. The more it is obvious that the power of money gets mayors elected, the less power that individual voters and groups of voters have.

Ad the beauty is that, if

And the beauty is that, if the Supreme Court upholds Fattah's challenge, groups like this can then proceed to fight for the best reform we can since it will be completely in the hands of our mayor and council.

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
Syndicate content