Showing posts with label Legislature. Show all posts
Showing posts with label Legislature. Show all posts

Friday, October 7, 2011

Turn Out the Voters, or Turn Out the Lights


There are basically two ways to improve the electoral performance of a party - in other words, to win an election. The first of these is to persuade voters to vote for your party. The second is to persuade more of the voters who are already persuaded to vote for your party, but who would not vote without the extra prod of some “turnout” effort, to show up and vote. This much, you don’t have to read this blog to know. For some time, the strategy of the Alabama Democratic Party has been centered on the former. Efforts to do the latter have historically been limited to localized efforts in the African-American community.

The typical Democratic campaign of recent years has consisted of collecting large sums of money from a small handful of groups: AEA, the plaintiff’s bar (i.e., “trial lawyers”), that part of the gaming industry that prefers creating jobs in Alabama to creating jobs in Mississippi, and to a lesser extent organized labor. This money was then spent - not always effectively - mostly on television ads for individual candidates. While we did do some effective negative campaigning, which has been shown to be effective by both professional experience and academic studies, most of our negative was focused on individual Republican candidates. In the meantime, our better-financed opposition added a generous dose of “party negative” to their mix, painting every Democrat as an abortion-supporting, gay-loving, God-hating, gun-seizing acolyte of the conservative bete noir of the cycle. This was, of course, reinforced by channels other than paid media, such as talk radio and thousands of “apolitical” pulpits and “Christian voter guides.” Whatever its merits (and I have written elsewhere about the need for party-based positive and negative media), this has clearly been a persuasion-oriented strategy.

Beginning in the 1990’s, and culminating in the 2010 loss of the Legislature and every statewide race, this strategy became less and less effective. Not only has the strategy been shown to be ineffective, it is becoming increasingly impossible to maintain. The Legislature has shown that it is determined to frustrate AEA’s constitutional right to collective political action by any means necessary, and we can no longer count on their historical level of financial support. The plaintiff’s bar has been victimized by a decade of Republican Supreme Court control. When the Alabama Supreme Court says it’s OK for a corporation to make a deadly product without paying damages, or for a bank to lie about its loans and investments, those lawyers don’t collect judgments. From those judgments come their fees, and from those fees their historic support. To the extent these lawyers have tried to hedge their bets by contributing to Republicans, they have been rewarded with ... more “tort reform.” As to the gaming industry, we all know what’s happened there.

This is the point at which we have to ask ourselves whether we Alabama Democrats have a turnout problem that has contributed to our electoral reversals. There are several ways to answer this question. “Yes.” “Si.” “Ja.” “Oui.” “Да.”

In my last post, I looked at some of the margins in the 2010 Alabama House races. Here, I want to shift perspective to the total vote turnout in each of the 105 districts, and compared it to the Republican percentage of the vote in each district. The results are reflected in this chart:



This chart shows a compelling correlation between the total number of votes cast, and the percentage of the vote taken by the Republican candidate. The two trendlines representing the figures for the contested races stand, taken together, at almost a perfect-correlation 45º angle.

Keep in mind, this chart is showing total vote, not percentage of registered or eligible voters voting, on the Y axis. Varying rates of voter registration, or shifts in population between the 2000 Census on which the 2010 districts were based, could produce a slightly different result. However, low registration rates are just as indicative of an organizational problem as low turnout rates. As to possible effects of demographic shifts, while final 2010 Census results aren’t out, it seems evident so far that Alabama didn’t experience the intensive growth in white suburban areas, and depopulation of black counties and neighborhoods, that it did in each of the preceding three decades. Total vote, in roughly equal-population districts, is a workable rough metric of turnout. A correlation this strong isn’t going to be significantly altered by accounting for these variables, and the operational consequences of the numbers reflected are still significant.

Clearly, we could have won several close House races by boosting turnout: identifying likely Democratic voters, and giving them whatever encouragement and assistance was necessary to get them to the polls. Focused turnout efforts work. Could we have retained control of the House (and presumably the Senate)? That would have been a tall order in 2010’s atmosphere, but we clearly could have held enough seats to deprive the Republicans of their filibuster-proof present majorities. This alone would have made an upgrade in the turnout game worthwhile.

More troubling is a set of numbers, represented on this chart by the vertical arrays of red and blue dots at the 100% and 0% GOP votes, respectively, on the X axis. These represent the 30 districts in which the Republican nominees were unopposed, and the 29 districts in which Democratic nominees were unopposed. The quickest use of the Mark I Eyeball statistical analyzer will show that there were more votes cast for unopposed Republicans than for unopposed Democrats. A lot more. Specifically, the 30 unopposed Republicans got a total of 389,012 votes, an average of 12,970; while the 29 unopposed Democrats trailed with 263,232, an average of 9,077.

Why should this trouble us? After all, we weren’t going to win many of those House seats anyway, right? The problem is, these numbers, both in the Democratic and Republican districts, probably almost entirely reflect straight party voting. While this would require detailed analysis of precinct-level results in those limited counties whose machines separately report straight ticket votes for verification, common sense tells us this is so. It’s a little difficult (though well worth the trouble) to vote. Almost no one is going to go to that trouble just to vote for their cousin/neighbor/deacon, the Representative, and not bother with the rest of the ballot. This is particularly true in the case where that Representative is unopposed - why bother? For decades, knowledgeable political observers have zeroed in on uncontested races as a rough measure of straight-ticket voting.

Given this, these numbers have significance both above and below the Legislature on the ballot. They reflect a serious shortcoming on the part of the Party in identifying and turning out Democratic voters. How serious? If each of the unopposed Democratic House members had averaged the same 12,970 votes as the unopposed Republicans, unopposed Democrats would have received, in the aggregate, 112,987 more votes, the vast majority of whom would have been straight ticket Democratic votes. For those with short memories, Jim Folsom, Jr., only lost his re-election bid for Lt. Governor by 46,009 votes. I am willing to wager that at least some local races were lost in these underperforming districts.

I also want to make one thing clear: I am not pointing out the Democratic Representatives in whose districts these shortcomings happened. While I do know one or two of them whose contribution to the Party effort leaves something to be desired, by and large voter identification and GOTV is a Party function, not that of an individual candidate. I am merely using House districts as a convenient and useful metric. The shortfalls were also noticeable in those districts with contested races. On a related note, I am not one of those Democrats who try to complain that the reason for our defeat was that “the blacks didn’t get their vote out.” In fact, of the 29 unopposed Democrats, six were white candidates in white-majority districts, and five of those six were in the lower half of the unopposed Democrats, in total votes received.

Fortunately, this is one area where the Alabama Democratic Party is on the ball. Under the leadership of Judge Kennedy, and Executive Director Bradley Davidson, the Party has undertaken a major voter identification project. This effort seeks to reach most voters before the 2012 election, and virtually all voters before 2014, to identify the partisan leanings (or independence) of each voter. The Party will then be in a position to target GOTV efforts on Democratic voters, and improve the dismal turnout statistics reflected in the above table. (We will also be able to target undecided voters with persuasive messaging!) This is something the Alabama Republican Party has been doing for nearly a decade now, in a very intense, well-funded and organized effort, and the past disparity in these efforts goes a long way toward explaining the results in 2012. For those who want to get involved, the Party website has a page devoted to the training sessions being offered. If you never get involved in another Democratic campaign effort, this is the one to join. It is going to change the face of Alabama politics, and for the better.

As long ago as the proto-democratic Athenian constitution of Draco (c. 650 B.C.E.), citizens were fined for failing to appear at the sessions of the Assembly to vote. A number of modern democracies follow the same practice. The United States does not, and should not, follow this practice. But voter apathy is a problem, and it’s particularly a problem when the Republicans are doing more about it than Democrats.

Sunday, April 17, 2011

Three to Life - The Myths of Teacher Tenure “Reform”

JUNE 5, 2013 NOTE TO THOSE WHO FIND THIS PAGE: I HAVE NOTED ON MY TRAFFIC LOG THAT THIS PAGE CONTINUES TO GET A LOT OF HITS FROM SEARCH ENGINES, BASED ON SEARCHES FOR “ALABAMA TEACHER TENURE LAW.” I AM FLATTERED BY THE CONTINUED ATTENTION. YOU SHOULD KNOW THAT SB301 PASSED ON MAY 26, 2011, AND SOME, BUT PERHAPS NOT ALL, OF THE PROVISIONS OF SB310 DISCUSSED IN THIS POST ARE NOW LAW. YOU SHOULD CONSULT AN ATTORNEY OR, IF YOU ARE AN AEA MEMBER, YOUR UNISERV DIRECTOR FOR ADVICE ON THE LAW AS IT PASSED. THANKS!

One of the more closely watched bills at this stage of the 2010 Regular Session of the Alabama Legislature has been SB310, a Republican proposal to “reform” the teacher* tenure law in Alabama. The list of the bill’s sponsors reads like a Who’s Who of the hard-core GOP political apparatus: Senators Pittman, Dial, Waggoner, Marsh, Taylor, Beason, Williams, Blackwell and Whatley. The bill’s main sponsor, Sen. Trip Pittman of Baldwin County, has been quoted as saying the object of his bill is “making it easier for school boards to get rid of the bad ones [teachers].” (Please note how the linked story from The Birmingham News contains a couple of short “balance” quotes from AEA Executive Director Paul Hubbert, and devotes many column-inches to quotes and “horror stories” from the bill’s proponents. Nice balance, Si.) The Mobile Press-Register has fallen in line with the Business Council line on the bill.

Don’t believe that hogwash. This bill, pure and simple, has two objectives: (1) punishing teachers who, through AEA, supported Democratic legislative candidates in 2010, and provided support for Gov. Robert Bentley in the 2010 Republican Primary over Business Council insider Bradley Byrne; and (2) intimidating teachers from such political activity in the future.

Before getting into the specifics of the bill, let’s take a thumbnail view of the tenure rights of a classroom teacher under current Alabama law. (Slightly different standards and procedures apply to principals and other supervisors.) First off, a school board may non-renew a teacher’s contract before the end of their third year on the job for good cause, bad cause, or no cause at all. After that time, a teacher is considered tenured, or in the awkward language drafted by a lawyer, has “attained continuing service status.”

Let’s suppose that a tenured teacher is accused of having shown up at school on a couple of occasions under the influence of alcohol. The teacher denies this. Let’s assume for the sake of argument that the teacher was in fact as sauced as Otis Campbell on the days in question. Whether the superintendent and board of education propose to terminate the teacher, or suspend him for more than seven days, the procedures are roughly the same.

First, the board must give written notice to the teacher, setting forth the proposed discipline and the general grounds for it. A tenured teacher may only be fired for “incompetency, insubordination, neglect of duty, immorality, failure to perform duties in a satisfactory manner, justifiable decrease in the number of teaching positions or other good and just cause.” The teacher may then insist on meeting with the board before it votes, and that hearing must be held between 20 and 30 days of the notice. If the board votes to fire or suspend the teacher, the teacher may ask for a hearing before a neutral arbitrator. If the teacher and the board can’t agree on an arbitrator, one is appointed by the Federal Mediation and Conciliation Service, a federal labor agency. That arbitrator (called a “hearing officer” in the statute) must hold a hearing between 30 and 60 days after his or her appointment. The arbitrator may uphold the firing, may reverse it and order the teacher reinstated, or may impose a lesser sanction such as a suspension or reprimand. (Such a reprimand could be considered if the teacher ever screws up again, and an attempt is made to fire him.) Either party may ask the Court of Civil Appeals to review the arbitrator’s ruling, which may only be reversed if that Court finds the arbitrator’s ruling “arbitrary and capricious.” Suspensions of less than 7 days, or of transfers to another school in the same system, are subject to a similar procedure, except that the arbitrator’s ruling may not be appealed, and is final. A teacher’s contract is not “canceled,” i.e., he is not fired, until the hearing officer issues his or her opinion, and he must continue to be paid. This safeguards the innocent teacher from being starved into accepting a lesser punishment, transfer, or abandoning a meritorious fight for his job. Except for the substitution of a prompt hearing with an arbitrator for a hearing with the former State Tenure Commission, this is basically the law as it has existed since 1939.

So, if our hypothetical teacher actually did have a pint of Mr. Boston Vodka for breakfast, he will be fired in fairly short order, but not without an adequate opportunity to establish his innocence. He also has the right to prove to the arbitrator that he is in fact the best teacher in the system, the alcohol problem is the result of a recent family problem, that he’s getting help for it, and that both he and his students would be better off if he were given a lighter sanction. I guess the sponsors of the bill would rather replace this unfortunate chap with a rookie. Or someone who wouldn’t dare support a Democrat.

According to the Alabama Association of School Boards, which is pushing SB310, since the arbitrators replaced the Tenure Commission, they have heard 145 termination cases. The school boards have won 83 (57%) of those outright; the teacher was fired. Teachers have been reinstated without sanctions in only 20 cases (13%), and in 42 cases (29%); the arbitrator has imposed a lesser sanction on the teacher. It sounds like there is a real need for the current safeguards for a number of teachers, but that boards of education are well able to get rid of the true bad apples.

SB310 makes some draconian changes to the law that has worked well since 1939. Among these are:

  • Probably the worst aspect of SB310 is that it radically amends the procedure for a teacher to obtain neutral review of his or her dismissal. Instead of a speedy hearing before a neutral arbitrator, the teacher would be forced to file an action in the local circuit court, where it would go on the docket behind every other earlier case. Chief Justice Sue Bell Cobb recently ordered drastic reductions in court operations in response to budget shortfalls. In this environment, those reviews would take months - or more likely, years. Years during which, under SB310, the teacher would not be getting paid. And the circuit judge would not have the discretion an arbitrator has under the current law to impose a lesser sanction. The judge would have to work from a typed transcript of the board’s “hearing,” and could not observe the demeanor of witnesses, as they would in any other case, to assess the credibility of the witnesses. (Under current law, the hearing officer observes both the teacher and the witnesses against him at a live hearing.) Finally, the judge could only reverse the board on “an express finding by the court that the decision was arbitrary and capricious, a manifest abuse of discretion, or the product of a material violation of the procedural rights of the employee.”
  • In addition to the current limited grounds for firing, SB310 provides that a teacher could be fired for “a consistent or pervasive record of inadequate student achievement or performance under the employee’s supervision.” In other words, a first-rate career educator could be fired if her students perform poorly on tests, even if that’s because she’s teaching in an overcrowded, under-equipped school in a socioeconomic disaster zone, where students have never done well on standardized tests. The board doesn’t have to fire her, mind you, but if she dares support the wrong candidate in the next election, those scores are grounds for termination.
  • SB310 would eliminate all independent review of a suspension of a teacher for less than 45 days. No arbitrator, no independent hearing, no nothing. In case you don’t grasp the full import of this measure, consider that teachers are usually paid over twelve months for nine or so months’ work. A non-reviewable 44-day suspension would result in the loss of nearly a quarter of the teacher’s annual salary. If I were a superintendent wanting to settle a personal score, a 44-day suspension might work better than a termination that might be reversed on review.
  • The bill likewise removes all transfers to another school from the current review process. This may not sound like an issue to many non-teachers, but I have at least 15 teachers in my immediate extended family, and you can rest assured transfers have historically been used for retaliatory purposes. Transfers are often not benign. Suppose that I were a teacher at Orange Beach Elementary School in Baldwin County, and I had even bought a home near there after gaining tenure. If I dare support the opponent of an incumbent school board member, she can arrange to have me transferred to Vaughn Elementary School in Stockton which, according to Google Maps, is 63 miles and 1 hour 39 minutes from Orange Beach Elementary. In an era of $4.00 a gallon gas (those are stop-and-go, not freeway, miles), that’s not a hassle, it’s an economic hardship.

As I noted starting out, this is all being done in the name of academic standards. SB310 is even called “The Students First Act of 2011.” This proposal, and others like it, have occasionally garnered support from fuzzy-headed otherwise-progressive Democrats who also insist that charter schools wouldn’t re-segregate Alabama education. A news flash for them: educational employment in Alabama is already knee-deep in Big-P Politics. SB310’s virtual abolition of tenure would give incumbent local board members and elected superintendents a green light to fully politicize the hiring processes in their systems. (Which might have the unintended political effect of entrenching Democratic machine control in places like the Black Belt, where boards are solidly Democratic.) It also greases the rails for those local board members who need to transfer or fire a qualified, experienced teacher to make room for their niece or nephew who just got out of college and needs a teaching job in the home county. There’s nothing “Students First” about that.

One of the weak excuses given for this bill is that it’s “too hard to fire an incompetent teacher in Alabama, and we have to make it easier for the sake of educational standards.” It takes three years for a teacher to attain tenure under current law. Three years. Does anyone think it takes New England Patriots Coach Bill Belichick three seasons to decide if a player is good enough for his team? If a teacher is that substandard, three years is plenty of time to figure that out, and get rid of him.

The bill’s prospects are sadly good, in the current machine political atmosphere of Montgomery. A handful of Republicans like Sen. Cam Ward of Shelby County, and Reps. Blaine Galliher of Etowah County, Todd Greeson of DeKalb County, and Owen Drake of Jefferson County, seem to be vacillating on the bill because of its extreme reach. A veto by Gov. Bentley would not be surprising, given his political debts to AEA. Of course, a simple majority overrides a gubernatorial veto in Alabama, and the kleptocratic GOP leadership wants this bill badly. They have rebuffed Dr. Hubbert’s public offer to support any bill, in his words, “to expedite the hearings and have them quicker and more efficiently,” which would remove one of the major complaints of SB310’s sponsors. I, for one, would forgive any Democrat who reached out to these Republicans to encourage them to remain independent of the latter-day Boss Hoggs trying to impose their iron hands on the legislative process. This bill would also be a good opportunity for my readers to try out the site’s newest feature: a page with hyperlinks for e-mailing letters to the editor of most of the newspapers in the state.

Politicians have had it in for teachers since at least 399 B.C.E., when Anytus and Meletus, a couple of extremists in the Athenian Assembly, arranged for the execution of Socrates, whose teaching was not acceptable to the political powers that were. Opposing the contemporary version of this unibrow hatred of education is as good a cause as any to rally around in this session. And I wouldn’t be honest if I didn’t acknowledge my glee at the way GOP overreaching is turning teachers into Democratic activists at a pace Dr. Hubbert can only dream of achieving.

*Although I use the word “teacher” throughout this post, the tenure law also applies to a wide range of support personnel such as custodians, bus drivers, and cafeteria workers. I just figure you don’t want to read “and/or support personnel” 60 times.