Monday, January 9, 2023

Legislative Update, Start of the 2023 Session

 

    Pomp and circumstance can get a bad rap sometimes. “Get over yourselves. Go to work.” Returning to it this week to open the 2023-4 legislative session after missing it in 2021 due to COVID reminded me of why it matters. It emphasizes for all of us the gravitas of what we are doing, representing the people of Vermont -- 150 representatives, 30 senators, a governor, and four other constitutional officers all pledging to uphold the constitution and to do our best together to promote the interests of our state.

The news media may focus on the governor’s inauguration and his inaugural address (his emphasis this year was equal opportunity for our rural areas), but every orchestrated piece of the ceremonies bear meaning. The National Guard escorts honored guests to the well of the House (the center section). This includes all past governors (Howard Dean, Jim Douglas and Peter Shumlin were all there), members of the Vermont Supreme Court, and the incoming state officers. They are Auditor Doug Hoffman, Secretary of State Sarah Copeland-Hansas, Attorney General Charity Clark, and Treasurer Michael Piechak. This year, only one is a returning official (Hoffman), which means a major transition in state leadership.

The Senate files in to its designated seats of honor in the House chambers; the Guard presents the colors; all join in the pledge. The Star-Spangled Banner was sung by none other than François Scarborough Clemmons, best known as Officer Clemmons on Mr. Roger’s Neighborhood and a resident of Vermont (I didn’t know that!) The student chorus from Middlebury Union High School sang “America the Beautiful” and “These Green Mountains.” There were two invocations and one benediction.

Some of the small traditions help carry the sense of weightiness and significance of the events. For example, a committee of six (three Representatives and three Senators) is formally appointed by the presiding officer (the Lieutenant Governor, who like reps and senators were sworn in the day before) to walk out in procession to the Governor’s office and then escort the governor-elect into the House chamber.

As commentator David Moats said later, “It was a grand day when Vermonters could feel pride in the governing institutions of their state, in their leaders, and in the spirit of community that unites people of widely different experiences and viewpoints. It was a day of patriotism in the old-fashioned sense.

“The inescapable contrast was evident to anyone who tuned in to the goings-on under way in the U.S. House of Representatives.”

***

Much of the feel-good will ebb away as we plunge into work and the controversies we will inevitably face. We elected a Republican Governor but a “super-majority” Democratic House and Senate, meaning majorities of more than two-thirds, thus capable of overturning any veto of legislative priorities.

There will be some restraint in the actions of the general assembly, since members know they will face elections in two years and would risk losing seats if they pressed farther left than the state’s voters want. Thus, while the voice of Republicans could theoretically be disregarded altogether, it will not become irrelevant. They will point out excesses and try to mitigate perceived harms.

Perhaps most importantly, they will keep alive the role that I have always believed to be most essential to our democratic process: that it is in the robust debate of different perspectives and the melting pot of ideas that we develop the best paths forward on difficult issues.

That segues directly to a discussion of my committee appointment in the House, which drew some media attention.

For all my previous 20 years in the House, I have had a significant focus on mental health and am well known for that work. I speak above all for those, like me, who have faced the challenges of mental illness. That comes within the context of our overall health care system with its failures and gaps. I have been part of the team working urgently to attempt to address growing costs and the need for equity in access. For the past six years, I have been vice-chair of the House Health Care Committee. Less than two years ago, the Speaker referred to the committee chair and me as her “A-Team” in health care.

Last fall, I took on a vocal, statewide volunteer role speaking out in opposition to passing Article 22, the constitutional amendment on reproductive rights. I’ll not repeat here the long discussion of the differing perspectives and why I believed presenting the opposing view was so important. The amendment was not only a priority of the Democratic majority and the Speaker but was also of great personal importance to her, a former policy director for Planned Parenthood. So, this past week, she punished me by removing my vice-chair position and my health care committee membership altogether.

It did not come as a surprise to me. I knew from the start that there was a political risk to be outspoken on the issue. But I felt compelled to follow my own moral compass and speak out for what I believed in. I heard from others that she was under pressure from allies to demote me. In mid-December, I was told I would be moved to the Commerce Committee, which covers subjects for which I have no background. A few days before the start of the session, that was changed to the Human Services Committee.

What saddened me greatly was not so much the move, but the inability of the Speaker to put core principles of free speech and public debate ahead of differences of opinion. If a person with a position that is contrary to that of the ruling majority can be punished for speaking out publicly, there is a chilling effect on all debate over controversial subjects. Regardless of any specific topic, it bodes poorly for the democratic process. As Voltaire said, “I disagree with what you say, but I defend to death your right to say it.”

The move smacks of the Washington politics that we try so much to hold as a contrast to ourselves. It is not what we sometimes term, “the Vermont way” or what Moats called “the spirit of community that unites people of widely different experiences and viewpoints.”

The Speaker denied her decision was retribution, but her explanations did not hold much water. She told news media that it was a part of her effort to balance committee needs given an unprecedented number of new incoming legislators and the unprecedented number of committee chairs who retired last year and had to be replaced. She noted that those new chairs needed to have their committees balanced between taking in new members and having support from experienced ones. Yet she played that out in my case by flipping me with a 14-year member of the Human Services Committee. Rep. Topper McFaun from Barre Town became vice-chair of Health Care and I took his slot as ranking member of Human Services. Both those committees have first-time chairs, and both of those chairs have worked for years alongside each of us on those committees; we each have developed expertise in the committee subject matters. Topper himself strongly objected to being moved from Human Services.  

I think it was the voters of Northfield and Berlin who represented “the Vermont way.” You overwhelmingly disagreed with my position on Article 22 at roughly the same as the statewide average, 75 percent. And yet you honored me with the top number of votes to return as your representative, significantly ahead of a pro-Article 22 candidate. The message was clear (and some said it directly to me last fall): We do not agree with you on the reproductive liberty issue, but we respect the work you do for our district and state as a whole and will continue to support you. Many specifically referenced my work in mental health.

I won’t stop working on mental health, although my role will be as an advocate rather than a participating member of a legislative committee. I won’t stop working for constituents, or listening to your perspectives, whether they differ from mine or not. And I will put as much energy into my new committee as I did my old, rebuilding my existing knowledge of its subjects of jurisdiction, which include childcare, Reach-Up, services for elders and those with developmental disabilities, neglect and abuse, and related topics.

***

Rep. Ken Goslant, my district-mate, has been reappointed to the Judiciary Committee, where he has now built four years of expertise in its jurisdictional matters.

As we begin this new session, do keep in mind that some of the controversial and high-profile issues that predominate the media are often not the most fundamental matters for the future of our state. The legislature’s largest responsibility is the state budget, which shapes our priorities both in revenue and spending choices. Our future also rests on workforce development, the education of our children, social equity, and climate change resiliency. But whether big or small, please remember that both Ken and I want very much to hear from you when you have concerns or perspectives to share. He can be reached at kgoslant@leg.state.vt.us, and I am at adonahue@leg.state.vt.us

Best for the New Year to all.

Anne

 

For those who may be interested, I’m going to supplement this update with a section of the report that new member Gina Galfetti of Barre Town sent to her constituents, since it covers another first-day event that I had not included, since my updates are already so long. But this is a good summary:

During lunch, at 12:23pm to be precise, we were sent an email giving notice of a Resolution that we were to consider for the afternoon. And this is where things got interesting. In an unprecedented move, the majority party had decided to put a rather weighty item up for our consideration with little prior notice. I say consideration rather generously, for what could 51 new members know, having never engaged in a committee meeting let alone floor debate?

The Resolution H.R. 4 was a complete overhaul of the House’s committee structure. The resolution eliminated long standing committees such as Fish and Wildlife and replaced them with things like “Energy and the Environment” and “Agriculture, Food Resiliency and Forestry.” It also tasked multiple Committees with the same tasks in what is sure to create troubling overlap in the future.  The Resolution proposed to eliminate a number of committee chairmanships and completely alter the makeup of long-standing committees. At a time when 51 new members would have certainly changed the makeup of many committees anyway, and continuity and institutional knowledge would be needed, this Resolution dropped like a bomb on the stability of the House.  

When we returned to the floor, few members — especially first-year members — had any idea what was going on. The Speaker gaveled up into session, and the Resolution was put up to vote. One lone voice of questioning arose, and that was from Representative Anne Donahue of Northfield. Donahue proceeded to question one of the sponsors of the Resolution as to its meaning and scope. The sponsors of the bill scrambled to answer questions and soon Donahue was hushed up without getting any good answers to her questions.

 As Donahue sat shaking her head, the Resolution was passed and business returned to “normal” with the assignments of committees taking place…

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