eNews

 

In this issue:

• Volunteers needed for opioid data sharing pilot
• Funding falls short of transportation needs
• Governor proposes teacher salary increase
• Lead up to the approaching state and federal budget actions
• School capital funding plans differ greatly
• Mental health joint subcommittee updates
• Wireless deployment FCC update

 

Volunteers needed for Opioid data sharing pilot program

Participation is encouraged for all VML members

The Data Sharing and Analytics Advisory Committee, which was created to support the new Chief Data Officer as part of the state law establishing the officer (Chapter 679), met on Wednesday, December 12 to discuss the report that they are required to submit to the General Assembly. The committee determined that it will ask the General Assembly for an extension on the deadline, so they can provide a more robust and detailed assessment on how to proceed with merging data from across the state; particularly data related to the Opioid Pilot program.

The pilot program will look for ways that state agencies and local partners in the health, behavioral health, corrections, law enforcement and other domains can collect data and share information related to opioid addiction while addressing concerns related to confidentiality.

To this end, the committee asked VML to solicit contact information from our member localities who would be able to participate in the pilot program. If you are interested in participating, please send me your contact information so you can help with this important work that promises to benefit all.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Stretching pennies to meet transportation needs

SMART SCALE requests dwarf available funding.

At the Commonwealth Transportation Board’s December workshop, staff presented a SMART SCALE Update on the Round Three requests. The Board’s task over the coming months will be to 1) share the scores of the requested projects with the public, 2) develop a new Six-Year Improvement Program incorporating the approved requests between the months of February and April, and 3) adopt a new improvement program by next June.

As the table below shows, this will be no easy assignment. SMART SCALE is about investing limited tax dollars in the right projects that meet the most critical state transportation needs. Total SMART SCALE requests hover just below $7 billion and available resources to meet the demand are estimated at $800 million.

Transportation staff expect that 23 of the total requested projects (4.9%) will be screened out:

Almost 60% of the 23 anticipated rejections were due to project readiness concerns (VDOT views project readiness as critical to minimize risks for major project changes and cost overruns).

However, by the end of the process most of the 468 projects will face being scrubbed because estimated resources barely cover 10% of the project applications. Despite funding actions taken by the General Assembly in recent legislative sessions, it seems that the goal of maintaining the Commonwealth’s transportation infrastructure while meeting increasing, new demands remains out of reach.

VML Contact: Neal Menkes, nmenkes@vml.org

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Governor proposes additional 2% salary increase for teachers

Salary increase would bring Virginia closer to the national average

Governor Northam’s Tuesday announcement of $268.7 million in proposed new spending for education included an $88 million outlay for increasing teacher’s salaries. Virginia has consistently ranked between 29^th and 34^th in a comparison of annual average teacher salaries among states for the past six years. Currently, statewide teacher salaries are nearly $8,000 (or 13%) below the national average (see chart below) but are scheduled to increase by 3% effective July 1, 2019. The additional $88 million proposed by Governor Northam would support an additional 2% increase statewide.

(Source: National Center for Education Statistics, 2008-2017)

The larger raise would bring Virginia one step closer to meeting the national average. Under the proposed budget amendment, Virginia teachers could see an average increase ranging between $2,552 and $2,843 per year.¹

Governor Northam’s proposal would also increase the state’s per-student allocation. A $35 million enhancement to the Supplemental Lottery Per Pupil Allocation would help address the 9% overall reduction in state support for K-12 education since 2008. An additional $35 million would support the At-Risk Add-On Program which serves school districts with higher populations of low-income students by providing dropout prevention initiatives, afterschool programming and specialized instruction. Finally, a one-time allocation of $80 million would support school capital spending (discussed further below).

In a separate press release Thursday, the Governor also proposed increasing state funds for school safety. A proposed $36 million allocation would represent the first phase of a three-year process to hire additional school counselors across the state, with the hope of reducing the average counselor-student ratio to 1:250. This aligns with presentations made to the Administration’s Children’s Cabinet and the House Select Committee on School Safety over the past several months. Additionally, the Governor’s proposal includes a $3.3 million enhancement for the Virginia Center for School Campus Safety to support staffing needs, school grant programs, and increased training opportunities.

The Administration’s full budget proposal will be outlined on Tuesday, Dec. 18 in a joint address to the House Appropriations Committee and the Senate Finance Committee.

¹The Virginia Department of Education reports an average budgeted teacher salary for Fiscal 2018 of $56,861. However, this figure does not include wages for substitute teachers, which are included in data reported by national institutions.

VML Contact: Jessica Ackerman, jackerman@vml.org

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Recent developments presage big news on state and federal budgets next week

Gov. Ralph Northam introduces budget initiatives while Congress and President Trump spar over conditions to avoid a partial federal government shutdown on Dec. 21

Gov. Northam held press briefings this week to announce budget initiatives in public education and in environmental cleanup and conservation.

Northam’s K-12 amendments are expected to boost spending by nearly $269 million to increase teachers’ pay, address school construction needs, enhance state funding support on a per-pupil basis, and provide more fiscal muscle for at-risk-student programs.

The governor also rolled out a plan to increase funding by $90 million a year for controlling agricultural runoff and other water-quality programs. The plan includes dedicating $50 million a year to capitalize a storm-water assistance fund for localities in order to reduce pollution coming off parking lots, roads and other impervious surfaces.

Northam’s five-year plan would raise total water quality spending to $773 million through 2024.  Gov. Northam also proposed an additional $11 million for land conservation efforts.

The news on the federal budget front is clouded by politics and theatrics.  If there’s a script to explain how President Trump’s demands for $5 billion to build a wall along the southern border of the United States can be reconciled with the Democrats’ insistence that they will go no higher than $1.6 billion for border security, the time to share is now.

The evaporating House Republican majority is struggling to finalize a position that fulfills the president’s funding demand. The internal strife within the House Republican Caucus makes achieving a consensus position problematic and even if a partisan-only proposal passes the House of Representatives, it is unlikely to survive Senate consideration.

In the new congressional session, the Democrats will be the majority party in the House of Representatives. It is possible that Republican Congress may end up adopting a temporary stopgap measure and give the Democrats a “holiday surprise” to figure out in January.

Perhaps Congress and the president should make use of these tips from the Mayo Clinic to help handle holiday stress.

VML Contact: Neal Menkes, nmenkes@vml.org

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Dueling school capital funding plans to be considered this session

Proposals from Gov. Northam and Sen. Stanley differ on state’s projected windfall from internet sales tax

The General Assembly will consider at least two proposals this session to address funding needs for school capital improvements across Virginia. Governor Northam’s proposed increases for education spending will include a one-time, $80 million allocation to revive the Literary Fund, the state’s low-interest loan program for school construction projects. This plan contrasts with one anticipated from Senator Stanley, head of the Senate Local Government Subcommittee on School Facility Modernization, who has spent the past six months stumping for a plan to raise up to $2.5 billion to fund similar projects.

Both plans rely on anticipated internet sales tax revenue as a result of the recent Wayfair decision; however, projections of the resulting revenue vary greatly. For example, the U.S. Government Accountability Office (GAO) in 2017 estimated that Virginia would receive between $190 million and $300 million annually – a broad range. Consultants for Senator Stanley project even loftier earnings in the $500 million range. Moreover, the Virginia Division of Legislative Services reported that 19 of the country’s 20 largest internet retailers, such as Amazon, Walmart and Apple, began collecting sales tax before the Wayfair decision was issued, which means those taxes are already included in the state’s annual revenue.

Governor Northam’s proposal takes a conservative approach, anticipating that Virginia will see an increase of approximately $150 million total; he plans to divert roughly half of that for school capital loans. Senator Stanley, on the other hand, proposes that $300 million (out of his total $500 million projection) be committed to finance school reconstruction bonds. According to his plan, the bonds could generate as much as $2.5 billion in revenue to support capital projects across the state. While the latter plan would come closer to meeting an estimated $5 billion needed statewide, questions remain as to its feasibility.

Neither plan assumes a need to adhere to the stipulations of HB 2313, passed in 2013, because that bill assumed action by Congress (not the Supreme Court) no later than January 1, 2015. As a reminder, HB 2313 would have allocated the bulk of any internet sales tax revenue to transportation projects.

VML Contact: Jessica Ackerman, jackerman@vml.org

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Senator Deeds’ mental health joint subcommittee seeks continuation; approves draft bills for 2019 session

Local funding will be a topic for coming year’s workplan

Facing a December 2019 expiration, the members of the Joint Subcommittee to Study Mental Health Services in the Commonwealth in the 21^st Century voted on Dec. 4 to seek continuation of its work for an additional two years. The Subcommittee, headed by Senator Creigh Deeds, began its work in 2014 and has been tackling mental health issues related to public safety and criminal diversion, housing, crisis and emergency services, and system structure and financing.  Questions about the mental health system’s structure and financing, including issues related to the local government contribution to the system through the local match to community services boards, will be on the agenda for the subcommittee’s workplan in the coming year.

At the Dec. 4 meeting, the joint subcommittee also approved several draft bills to be introduced during the 2019 General Assembly Session:

• A bill to direct the Board of Corrections to establish minimum standards for behavioral health care services in local correctional facilities (including regional jails) and procedures for enforcing these standards. The standards would address the sharing of medical and mental health information and records, as well as procedures by which a community services board (CSB) that provides behavioral health services in the jail to bill the sheriff or superintendent for provision of services. Several jails already have such service contracts with their CSB.
• A bill to clarify the ability of jails, CSBs, and other health providers to share, with an individual’s permission, medical and mental health information and records of an individual in order to improve health/mental health oversight and treatment.
• A bill to amend the Department of Criminal Justice Services training standards and to model policies for law enforcement for sensitivity to, and awareness of, persons experiencing mental health or substance abuse crises, including chronic homeless inebriates.
• A bill to direct the Supreme Court of Virginia to develop a statewide evaluation model and conduct continuing evaluations of the effectiveness and efficiency of all local specialty dockets (such as mental health dockets). This would include a requirement that each local specialty docket submit evaluative reports to the Supreme Court; the Supreme Court would submit annual reports to the General Assembly.

An additional bill regarding mandatory outpatient treatment was deferred for the year.

The committee also approved moving forward with legislative proposals regarding temporary detention orders (TDOs), including a bill to ensure that custody of a person held under an emergency custody order (ECO) is maintained until the temporary detention order (TDO) that has been issued in a timely manner is served. This will give law enforcement assurance that they are acting within the law to maintain custodial authority during the transition between an ECO and a TDO.  This was an issue highlighted by the Virginia Chiefs of Police this past year during VML’s Human Development & Education Policy Committee meeting.

The Deeds Subcommittee also is recommending to the Joint Legislative Audit and Review Commission (JLARC) that it review and provide information regarding the structure/financing of Community Services Boards (CSBs). JLARC recently created a special workgroup to address human services issues. This examination will include the issue of the local government match to CSBs.

Structure and financing of the public system will be more fully addressed by the Deeds Subcommittee in the coming year, with assistance from its system and financing workgroup and an expert panel led by Dr. Richard Bonnie, Director of the Institute of Law, Psychiatry and Public Policy, at the University of Virginia School of Law.

VML Contact:  Janet Areson, jareson@vml.org

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Wireless deployment FCC update

League petition referenced in recent FCC Order

As you may recall, the FCC Declaratory Ruling and Third Report and Order entitled “Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment” deals with local requirements that effectively prohibit the deployment and provision of wireless services. No one filed in opposition and the time to do so has run out. However, earlier this year VML (in conjunction with several other municipal leagues) filed a petition for reconsideration of the Order.

This week we received some news (albeit through indirect means) regarding our petition. The National League of Cities had filed a Motion for Stay of the Order which was denied. However, in the Order Denying the Motion for a Stay there was a footnote which stated “In addition, one petition for reconsideration of the Order has been filed. The present order should be not construed as expressing any view on the merits of that petition.”

There are also several lawsuits outstanding regarding the Order, but unless other action is taken by the FCC or the courts, the Declaratory Ruling and Third Report and Order becomes effective on January 14, 2019 and the aesthetics standards associated with the Order take effect 180 days after the Federal Register publication date (Oct. 15, 2018).

We will continue to monitor the status of this order and our petition in the weeks and months to come.

VML Contact: Michelle Gowdy, mgowdy@vml.org

 

In this issue:

• 2019 VML Policy Statements
• VML Events: Newly Elected Officials Conference, Finance Forum and Legislative Day
• Can Virginia afford bills in its drawer?
• Comments requested for judicial access rules
• Unmet housing needs subject of Executive Order
• Economic storm clouds
• Body camera workgroup update
• VDOT recommends against heavier truck study participation
• Elections are settled, politics remain unsettled
• Private education progress report
• Redistricting update
• Town of Leesburg earns Stairway to Success award
• EVGA nominations now open

 

2019 VML Policy Statements now available

The 2019 policy statements are now available on the VML website. The six statements reflect VML’s stance on issues and concerns that could be considered by the 2019 General Assembly. The statements were adopted by the membership at the business meeting during the VML Annual Conference in Hampton in October.

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Upcoming VML events

We have some events coming early in 2019 that you won’t want to miss:

Tuesday, January 8, 2019:

• 2019 Newly Elected Officials Conference will be held in Richmond at the Greater Richmond Convention Center (GRCC) 403 N 3rd Street. For more information about the Newly Elected Officials Conference, please contact Jessica Ackerman at (804) 523-8521 or jackerman@vml.org.
• 2019 Finance Forum will also be held in Richmond at the GRCC, 403 N 3^rd For more information about the Finance Forum, please contact Neal Menkes at (804) 523-8523 or nmenkes@vml.org.

For those who require lodging for either of the above events, we have secured a block of rooms at the Downtown Richmond Marriott 500 E. Broad Street, for January 7 and/or January 8. The Marriott is conveniently located next to the GRCC. You may use this link for reservations.

Thursday, January 24, 2019:

• 2019 VML Legislative Day will be held at the Omni Hotel Richmond, 100 S 12^th Street. Legislative day will include lunch and a legislative briefing, the opportunity to visit with your delegation members and/or attend committee meetings, and a reception at the Omni Hotel Richmond. We suggest that you arrange to meet your legislators at the reception and take them to dinner afterward if is suits. For more information about VML Legislative Day, please contact Janet Areson at (804)-523-8522 or jareson@vml.org

For those who require lodging, we have secured a room block at the Omni Hotel January 23 and/or January 24. You may use this link for reservations or call (800) 843-6664.

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Can Virginia afford all the bills in the drawer?

Shush, don’t tell anyone, but the 2019 legislative session really begins on December 18, 2018 not January 9, 2019 as advertised. Why? Because, on that December date Gov. Ralph Northam will introduce his amendments putting his imprint on the 2018-2020 budget, a budget which was originally developed by his predecessor former Gov. Terry McAuliffe. And with the submission of those amendments, members of the General Assembly will begin their scrambling and jockeying for policy objectives and money.

The good news

Actions taken by the General Assembly in June 2018 put the Commonwealth in a strong financial position. Deposits to the state’s Rainy-Day Fund and the newly created Cash Reserve Fund helped to persuade S&P Global Ratings to affirm Virginia’s AAA rating and to upgrade Virginia’s financial outlook to stable (the chart below from this year’s Senate Finance Committee Retreat shows the ups and downs of Virginia’s cash reserves).

The better than expected revenue collections is likely to lead to a re-forecast of state tax collections in Northam’s budget amendments.  Based on economics and actual year-to-date collections, Senate Finance staff expect overall general fund revenue growth of 3.3 percent in FY 2019 and slightly higher growth in FY 2020.

The economics do seem to support the higher revisions.  From September 2017 through September of this year, the Federal Reserve Bank of Richmond notes that total employment in Virginia grew 1.7 percent.  Payroll employment growth in Virginia, at long last, is matching job growth in the U.S.  The unemployment rate edged down 0.1 percentage point in September to 2.9 percent and was down 0.7 percentage point since September 2017.  (The charts below from the Federal Reserve Bank shows payroll growth in Virginia’s major metropolitan areas.)

The not so good news

The good news on the general fund outlined above is tempered by the fact that over the past ten-years changes in inflation and population growth have effectively flattened general fund growth. The growth in the state budget has been stoked by non-general fund revenues such as college tuition, federal grants, fuel taxes, and special fees that cannot be appropriated for K-12 education, law enforcement and other programs of local government interest.

The chart below (prepared by the Joint Legislative Audit and Review Commission from the Commission’s 2018 State Spending Report) shows the change in appropriations adjusted for inflation and population growth, FY09-FY18.

Potential pitfalls in the 2019 session

Federal tax reform adds $1.2 billion in additional expected general fund revenues over the current biennium, driven chiefly from individual income tax collections. The General Assembly will have to decide how much of the revenue will be returned to Virginia taxpayers and how much will go to new spending. These decisions will be further complicated by two facts. First, the tax breaks for individuals provided under the Tax Cuts and Jobs Act are temporary and will expire. Second, the amount of additional revenue is likely to trigger constitutionally mandated deposits to the Rainy-Day Fund, perhaps in the range of over $200 million in FY21 and again in FY22. The ice is too thin to think these dollars can be used for permanent new spending.

At the Senate Finance Committee retreat, staff identified a minimum of over $600 million in possible funding commitments and risks. It is interesting to note that these commitments and risks barely, if at all, touch on issues of interest to localities (see the chart below).

 

Commitment/Need	GF Cost in Millions
Medicaid Forecast	$462.5
Medicaid Administrative Disallowances	40
Children’s Health Insurance Forecast (FAMIS/CHIP)	18
Piedmont/Catawba Operations	13
Major Employment & Investment Project Obligations	50
Inmate Healthcare (increases if offender medical costs & Fluvanna)	36.5
Census & Staffing at State Mental Health Hospitals	21.7
Hurricane Florence (amount the federal government won’t reimburse)	10.8
Forensic Science Caseload	3.3
State Police Communications (STARS)	TBD
Other Items	TBD
TOTAL FOR BIENNIUM	$655.9

 

Senate Finance staff also identified several other items of importance but did not assign price tags.  These include replacing the state’s human resources information system, expanding broadband to unserved and underserved areas of the state, addressing deferred maintenance needs of state capital assets, and finalizing the state’s information technology “divorce” from Northrop Grumman. This list like the one above does not address local government concerns. Nor does it include increasing provider rates for physicians who participate in Medicaid, carrying out the provisions of the Amazon HQ2 deal, or meeting mental health challenges.

Will the General Assembly find the will and means to increase funding for K-12 education, local law enforcement, local and regional jails, stormwater, and other state-mandated or state high-priority issues? The governor’s budget amendments submitted December 18 will be the first indicator to use to start answering these questions. Stay tuned.

VML Contact: Neal Menkes, nmenkes@vml.org

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Virginia Supreme Court requests comments on proposed judicial records access rules

The Office of the Executive Secretary of the Virginia Supreme Court (OES) recently proposed regulations related to the access to judicial records with comments due in December. An October 19 press release presenting the new rules states in part “…the publication of these Rules will contribute to transparency by providing an available reference regarding access to judicial records.”

The Supreme Court is requesting comments on the proposed rules; comments are due by Dec. 3, 2018 and must be sent to Patricia L. Harrington, Supreme Court of Virginia, 100 North Ninth Street, 5^th Floor, Richmond, VA 23219 or emailed with the subject line: “Comment on Access to Judicial Records” to scvclerk@vacourts.gov.

There is a somewhat complicated backdrop to these proposed rules. In 2017 the Daily Press and the Office of the Executive Secretary (OES) were involved in litigation regarding the definition of “custodian of record” for the purposes of the Virginia Freedom of Information Act (FOIA).  OES denied access to the records that the Daily Press sought, stating that the local circuit court clerks were the custodian of the records. Ultimately, the Supreme Court ruled that this denial was correct, but the litigation brought a swell of legislation during the 2018 session. Two identical bills – HB780 and SB564 – passed that required OES to create a nonconfidential database with public access by July 1, 2019.

In the meantime, prior to the OES announcement, a judge ruled that the Freedom of Information Act did not apply to Virginia’s judiciary. He concluded that the judiciary and OES had sovereign immunity against FOIA lawsuits.

We have yet to see if the General Assembly will take this issue up again this year, but there is a definite possibility.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Executive order addresses unmet housing needs

A new state policy focusing on quality, availability, and affordability of housing in Virginia is the subject of Executive Order Number Twenty-Five (EO25), which was recently issued by Governor Ralph Northam.

EO25 will focus on developing housing policies and actions that increase the supply of permanent supportive housing, including programs to reduce homelessness and housing instability for vulnerable populations. In a November 15 press release, Secretary of Commerce and Trade Brian Ball says that the administration’s efforts will “encourage engagement of our various housing and community development partners including local governments, the business community, nonprofit organizations, and other interested stakeholders.”

According to the Governor’s office, the policy will address the shortage of quality affordable housing by coordinating economic development efforts with housing production, supporting housing production technology, and supporting regional and local pilot projects that increase the supply of affordable housing units. The effort will prioritize the development of affordable housing in close proximity to employment and educational opportunities.

Finally, this effort will include work with stakeholders to reduce the rate of evictions across Virginia. The Commonwealth will evaluate potential pilot programs that provide eviction relief, counseling, and education services.

VML Contact: Janet Areson, jareson@vml.org

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Are economic storm clouds just over the horizon?

The answer to the question posed in the title of this piece depends on who you ask, what evidence they cite and how far away you position the horizon. Many economists agree, however, that the economic barometer is changing and that the economic growth the nation has enjoyed since the end of the Great Recession will not last forever.

Currently, sunny skies seem to prevail

The current economic expansion may well end up being the longest period of economic growth since the end of World War II. Consider the following:

• The number of job openings in 2018 is expected to exceed the number of unemployed Americans.
• Total nonfarm payroll employment increased by 250,000 in October, following an average monthly gain of 211,000 over the prior 12 months.
• In October, job growth occurred in health care, in manufacturing, in construction, and in transportation and warehousing.
• The October unemployment rate of 3.7 percent is the lowest in years (see the chart below).

Worrisome signs that the weather may be changing

Declining labor force participation rate – Even with a sinking unemployment rate, the percentage of Americans who are working or seeking a job is declining. The labor force participation rate – the proportion of the working-age population that is either working or actively looking for work – is an important labor market measure because it represents the relative amount of labor resources available for producing goods and services.

In 1998, labor force participation stood at just over 67.0 percent. Ten-years later the figure dropped to just below 66.0 percent. In October of this year the rate was 62.9 percent. Of course, increased worker productivity and the passing of the Boomer Generation from the workplace to retirement partially explain the participation rate decline. However, the overall economic impact of this trend may mean a worker shortage is upon us.

High corporate debt – Non-financial corporate debt is at an all-time high as a share of the economy with a significant amount of that debt ($1.3 trillion) working its way into the “leveraged loan” market where they are bundled into securities known as collateralized loan obligations and are sold to investors. In this manner, corporate loans rated BBB become AAA- rated bonds under the theory that although any single borrower might default, the chance that most of them would do so at the same time should be negligible.

The Great Recession was preceded by a similar scheme in which household mortgages were bundled together as collateralized loan obligations. Although there are now laws and regulations to protect the financial markets regarding mortgage loans, unregulated lenders like hedge funds and private equity firms are free to continue this practice. The U.S. Court of Appeals for the D.C. Circuit ruled that non-bank entities that stitch together these corporate debt securities are exempt from federal regulations that require banks to hold on to at least 5 percent of these debt instruments.

How big is corporate borrowing?  In the last decade, the amount of corporate bonds outstanding nearly doubled to $9 trillion from $5.5 trillion with much of that surge ($2.5 trillion) in the form of bonds rated BBB, near the riskier end of the investment-grade spectrum. Which companies have gone on the bond binge?  They include well-established companies such as General Electric, AT&T, CVS Health, Sherwin-Williams and Campbell Soup.  If the economy slows and corporations have trouble generating enough cash to service their debt, the spillover will hurt individual Americans seeking to get or refinance a mortgage or get a car loan or a credit card.  In other words, the ripple effect will resonate throughout the economy.

Increasing federal government debt – The federal government has generated an additional $2 trillion in debt since 2017, bringing the total amount owed by federal taxpayers to $21.7 trillion.  As the Federal Reserve Bank slowly raises interest rates the cost to service the nation’s debt increases, squeezing federal spending and capital needed by the private sector for business activities. Within a few years, the United States will spend more on interest payments than it does for the entire $400 billion Medicaid program. If that isn’t enough to cause worry, then consider that some projections show that shortly afterward the interest on the national debt will grow larger than appropriations for national defense.

The disorder of the federal government’s financial affairs will likely lead to even greater discord in the already divided Congress. No bi-partisan path has been proposed, and the new budget President Trump will introduce in January is unlikely to rally enough support to deal with this sea of red ink.

Escalating trade war – President Trump announced earlier this week that he expects to move forward with plans to escalate tariffs on $200 billion worth of Chinese imports beginning January 1, even as he readies to meet later this week with Chinese leaders at the upcoming G-20 meeting in Argentina. Trump promises to slap tariffs of 10 percent to 25 percent on all remaining imported Chinese goods. He has already imposed a 25 percent tariff on a separate list of Chinese imports valued at more than $50 billion (the U.S. bought more than $522 billion worth of Chinese goods in 2017).

Will the tariffs work? Some economists are skeptical because the Trump administration’s stance does not act to reverse the overvaluation of the U.S. dollar. The dollar has risen more than 7 percent this year against the currencies of major American trading partners, part of a 22 percent gain since the end of 2013, according to the Bank of International Settlements index. The stronger dollar makes U.S. goods more expensive for foreign markets while making imported products less expensive for Americans.

What’s the effect of currency changes on U.S. trade? Since April of this year, the Chinese yuan has dropped 9.5 percent against the dollar, seriously eroding the 10 percent and 25 percent tariffs that the president has imposed on that country’s goods. A quick victory on trade seems uncertain.

Inverted yield curve – Economists use the nomenclature “inverted yield curve” for when long-term interest rates are lower than short-term interest rates. When an inverted yield curve occurs, as it did just prior to the recession years of 1980, 1990, 2000, and 2008, the markets were signaling that the Federal Reserve Bank should start cutting interest rates to try and prevent a recession.

Ten-year interest rates are currently a mere 0.25 percentage points above the two-year rates. Another rate hike or two should produce the inversion. The average length of time between inversion and recession is 12 months, meaning an economic slowdown could occur in the next presidential election year.

The forecast

So, is an economic recession or slowdown in economic activity possible? The answer is yes, because the business cycle goes both up and down. But, when this will occur, how long it will last, and where it will measure on the misery index are questions that cannot be definitively answered today.

VML Contact: Neal Menkes, nmenkes@vml.org

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Body camera workgroup finds short-term compromise; more work to be done

The use of police body cameras by localities has created some benefits for law enforcement, the public, and the Commonwealth attorneys. However, issues related to policies and infrastructure that are not attuned to the new technology have arisen.

The 2018 General Assembly approved language directing the state Compensation Board to convene a workgroup to address issues raised by some Commonwealth attorneys regarding the need for more staff (i.e. attorneys) to review local law enforcement body camera footage to be used in the prosecution of crimes. The basis of the argument made by the Commonwealth attorneys was that State Bar ethics policy requires that an attorney review all footage related to an incident/arrest. Depending on how many officers with body cameras responded to a call or incident, and how long the cameras were recording, the amount of video footage could be voluminous.  The Commonwealth attorneys’ proposal would have required local governments to pay for the additional staff.

The workgroup was convened early this fall and held three meetings. At the last meeting, the group came to a tentative agreement on some short-term language that would call for either the use of a ratio of one entry-level assistant Commonwealth attorney for up to 75 body worn cameras used by local law enforcement; for every additional 75 cameras, the same ratio would apply (the original proposal from the Commonwealth attorneys was a 1:50 ratio). The proposed language also would allow a locality and a Commonwealth attorney’s office to negotiate an agreement about resources using a different formula, as needed, to accommodate the additional workload resulting from the requirement to review, redact, and present footage. This proposed language would be submitted as a budget amendment in the 2019 Session and would be in effect until a more thorough study of the impact of body camera video use is completed (see below).

The proposed language would also require that the workgroup continue to study the impact of the body worn cameras on the workload of Commonwealth attorneys’ offices with a reporting date of Dec. 1, 2020. This study would look more closely at the hours of video footage received from local law enforcement and how it is categorized (felonies, misdemeanors, and traffic offenses); the number of hours spent by Commonwealth attorneys’ offices redacting video; and other information determined necessary for this analysis.

Local representatives on the workgroup asked that any efforts with the General Assembly in the coming year focus first on getting the state to fully-fund its share of Commonwealth attorneys’ offices as stipulated in the Code of Virginia and the Appropriations Act. The Commonwealth attorneys agreed that this was a priority item for them.

Other issues in this discussion include the ability of clerks of the court to handle the technology needed to use the footage in court and the infrastructure needed for court facilities to support the use of the technology.  Finally, the state support of Commonwealth attorneys will need to be addressed as part of the proposed use of body cameras by state agencies, such as the Virginia State Police.  These issues were not included in the scope of the Compensation Board workgroup; it is uncertain how, when or by whom these issues will be addressed.

VML Contact: Janet Areson, jareson@vml.org

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VDOT advises against participation in potential heavier truck pilot program

After a months-long review, the Virginia Department of Transportation (VDOT) has released a draft report recommending against any commitment by the state to participate in a hypothetical federal pilot study of heavier, six-axle trucks. Various industries have pressed lawmakers to consider raising the weight limit on trucks on Virginia interstates from the current 80,000 lbs to 91,000 lbs to accommodate the larger trucks. They argue that using six-axle trucks will increase efficiency in ground transportation, particularly as states farther west have eased restrictions. However, family advocates, trucking companies and insurance providers have raised concerns about the safety of operating the heavier machines on Virginia’s roads. In their report, VDOT staff cited these concerns, as well as others related to a lack of sufficient data regarding the impact to existing infrastructure, compliance and enforcement. Furthermore, VDOT staff determined that the lack of an existing federal study in which to participate rendered any firm commitments on the part of the state premature.

A final report from VDOT will be released ahead of the 2019 session.

VML Contact: Jessica Ackerman, jackerman@vml.org

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The elections are over, but not the politics

Those annoying and seemingly unending political commercials interrupting our favorite television shows have gone away. The robocalls asking you for money, votes and opinions have also disappeared.  But don’t be fooled by the relative calm, the political drama continues with the federal government facing a partial shutdown as early as next Friday.

With the December 7 deadline looming, Congress has seven unfinished spending bills to enact for the federal fiscal year that began October 1. If the two parties and President Trump cannot agree, a continuing resolution will be needed to keep the federal government functioning.

The outstanding FY19 appropriation bills make up about 25 percent (or $313 billion) of the discretionary spending subject to budget caps.

The “show stopper” issue is the president’s border wall. Trump wants a $5 billion appropriation and a commitment from legislators to guarantee several years of wall construction money. Although the Republicans control both houses of Congress, through the lame-duck session until the end of the year, at least nine Democratic votes are needed in the Senate and maybe more than that in the House of Representatives to pass the spending bills.

Democrats say they already have a deal on $1.6 billion in border security, limiting new funding to previously deployed and operationally effective designs. That’s not in sync with the president’s position.

However, the border wall is NOT the only issue separating Democrats from Republicans, representatives from senators, and Congress from President Trump.  Here is a sampling of other “wrinkles” that need to be ironed out.

• The Food for Peace program provides grants for food shipments to foreign governments and nongovernmental organizations to combat famine and malnutrition. The Senate, the House, and the Trump Administration all have different positions.
• Democrats want to block the Census Bureau from adding a question on citizenship status, contending the question will discourage foreign-born residents from responding to the survey for fear of deportation.
• Democrats are arguing for a policy rider to add language allowing the U.S. Attorney General to block gun purchases by individuals on a terror watch list.
• Democrats and Republicans are tussling over an additional $380 million in funding for Election Assistance Commission Grants to thwart computer hacking.
• Budget cuts and policy changes in the EPA’s regulatory programs and species preservation programs authorized under the Endangered Species Act are in the sights of Congress and President Trump.
• Border politics also include funding to expand the average daily population in Immigration and Customs Enforcement (ICE) detention centers and to hire additional ICE Enforcement and Removal officers.
• The perennial hot-button issues of including abortion benefits in the health insurance plans for federal workers and continuing the “Dreamers” program for people who were brought to the United States as children are also on the bargaining table.
• Emergency disaster aid to help with recovery from the hurricanes and wildfires that ravaged the country this year will also have to be addressed.

Will the federal government cease operating, or will a continuing resolution put off for another day the resolution of all the issues? It would seem that the November election fell short of settling everything.

VML Contact: Neal Menkes, nmenkes@vml.org

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Private special education progress monitoring report released

Graduation rates and attendance were among the proposed new progress and outcome measures for private special education programs presented to the Joint Subcommittee for Health and Human Services Oversight, meeting on Nov. 26 in Richmond. Other recommendations for progress and outcome measures were:

• Individual student progress
• Standardized test scores
• Return to public school setting
• Post-secondary transition
• Suspension and expulsion
• Restraint and seclusion
• Parent satisfaction
• Student perspectives

In addition to these recommendations, the presentation also covered additional issues to consider, including:

• Shared responsibility between local schools and private schools for progress monitoring of individual students.
• How a decision to return a student to a public school is made between an IEP team and parent(s) (Virginia is one of three states that require parental consent for such a decision).
• The lack of law/regulation in Virginia regarding any requirement that a private school be accredited (half of the VDOE-licensed schools are accredited).
• How and to whom would progress/outcome data be reported (current recommendation is to begin with the 2019-2020 school year but further measuring protocols are needed).

The presentation was made by Scott Reiner, the executive director of the Office of Children’s Services and Hank Millward, the director of specialized education facilities and family engagement in the Virginia Department of Education.

The presentation stemmed from a workgroup convened at the direction of the 2018 General Assembly, which has been grappling with the steady growth in the number of children served through the Children’s Services Act (CSA) in private day special education programs as well and the increased cost. The number of children served in the private day settings increased from 2,971 in FY2013 to 4,101 in FY2018 and CSA expenditures for private day special education rose from $101 million in FY2013 to $178 million in FY2018. Local governments pay a share of those costs under CSA.

The workgroup was asked to identify and define outcome measures to assess student progress in private placement that included assessment scores, attendance, graduation rates, and return to the students’ public school. Further, the Department of Education examined rules and regulations regarding private education placements and public special education programs.

As a reminder, another study of private special education is underway as well.  The Office of Children’s Services has contracted for a study on the rates paid by localities to special education private day programs licensed by the Department of Education. This study, which is not due until July 1, 2019, will examine the adequacy of current rates, provide recommendations for implementing a rate-setting structure, and consider the impact on local school districts, local governments, and public and private educational services providers.

VML Contact: Janet Areson, jareson@vml.org

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House Republicans request redistricting stay, and a later primary

Following the Supreme Court’s decision to review his standing in the case, Speaker Kirk Cox has filed a motion for the Fourth Circuit Court to suspend current efforts to redraw Virginia’s district boundaries, and to allow Virginia to move its House primary from June to September. Having added the case to its order list earlier this month, the Supreme Court likely will not hear the case until February, with a ruling not expected until mid- to late spring. Speaker Cox, filing on behalf of House Republicans, argues that the timing of the hearing will create confusion ahead of a busy primary season, and that a new district map may ultimately be deemed unnecessary. Currently, legislative primaries are scheduled for June 11; Cox has requested that the date be pushed to September 10.

All House and Senate seats in the General Assembly will be up for election in November.

A copy of Speaker Cox’s press release can be found here.

VML Contact: Jessica Ackerman, jackerman@vml.org

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Stairway to Success award presented to Town of Leesburg

The Virginia Municipal League (VML) presented the Gold Level Stairway to Success Award to the Town of Leesburg on Tuesday, November 27, 2018 during the town’s council meeting. Rich Williams, Town of Leesburg Parks and Recreation Director, accepted the award. Leesburg earned the award for allowing the use of government buildings for preschool activities, such as “A Room to Grow” held at the Ida Lee Park Recreation Center (where the award will be displayed) as well as displaying art by preschool students in public buildings, sponsoring workshops and activities supporting childhood nutrition, healthy eating, physical fitness, and hosting preschool performing arts events.

Former VML President and Town of Blacksburg Mayor, Ron Rordam established the Stairway to Success initiative to honor localities for engaging in actions that enhance the early childhood experience and to encourage local government involvement in early childhood education.

VML Contact: Sandy Harrington, sharrington@vml.org

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Excellence in Virginia Government Awards (EVGA) nominations now being accepted

Nominations are being accepted through Monday, December 17, for the 2019 Excellence in Virginia Government Awards, sponsored by the L. Douglas Wilder School of Government and Public Affairs at Virginia Commonwealth University.

EVGA celebrates people and organizations in the public and private sectors who have made significant contributions to the practice of government and the well-being of Virginia’s communities and citizens.

Nominations are being sought for six awards: Community Enhancement, Hill-Robinson Expansion of Freedom, Innovation in Government, Private-Public Partnership, Unsung Heroes, and Lifetime Achievement. Nominations should be submitted online.

An awards luncheon will be held April 11, 2019 at the downtown Richmond Marriott.

For questions regarding the public nominations process, contact Paula Otto, the Wilder School’s senior director of special projects, at piotto@vcu.edu or (804) 828-1146.

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In this issue:

• Register for VML regional legislative update sessions
• March for More for Virginia schools to be held in Richmond
• Newly Elected Officials conference registration now open
• VML essay contest for 7^th graders now accepting entries
• State seeks to conform with federal tax changes in time
• House recommendations for school safety
• Medicaid budget shortfall due to bad assumptions
• Health care commission pursues jail-based health/mental health service recommendations
• Fall edition of VDOT newsletter now available
• Virginia State Crime Commission discusses pretrial services
• U. S. Supreme Court to weigh in on Virginia redistricting case (again)
• New Federal tool for rural communities battling opioid addiction
• Grants training in Portsmouth
• Digital Cities Survey winners
• Hampton’s housing authority rated top performer

 

VML fall regional legislative update sessions are almost here

Time is running out, so register now to take part in one of these valuable learning experiences:

Northern Virginia:
Tuesday, November 27^th, 1:00-3:00 p.m.
The Barns at Rose Hill
95 Chalmers Court
Berryville, Virginia 22611

Southwest Virginia:
Wednesday, December 5^th, 6:30-8:30 p.m.
Anna’s Restaurant
100 Monroe Street
Narrows, Virginia 24124
$15 registration fee

Registration for the events is available via the VML website.

VML Contact: Jessica Ackerman, jackerman@vml.org

 

March for More to take place in City of Richmond

Dec. 8 event aims to unite voices to fight for more money to make better schools for stronger students

Teachers, parents, students, community organizations, and elected officials from across Virginia are all invited to join this rally. Stand up, and let’s march to send a message to our state leaders that K-12 education needs more funding because students deserve a quality education regardless of where they live.

The march will start at Martin Luther King, Jr. Middle School, 1000 Mosby Street, Richmond, VA and end at the Bell Tower on Capitol Square.

Remember, in the last year for which figures are available (2016-2017), local governments statewide paid more than 51 percent of all operating costs for K-12 education and most of capital costs.  Local governments do their part; it’s more than time for the state to step up and do its part.

Find out more online at www.MoreBetterStronger.com

 

VML Newly Elected Officials conference to be held January 8, 2019

This conference is designed primarily for newly elected officials, but it is also a useful refresher course for incumbent officeholders and staff.  Topics to be covered include:

• Council-Manager Relations
• Freedom of Information Act
• Conflict of Interests Act
• Public Officials’ Liability
• Budgeting Basics

The cost is $65. Registration is available via the VML website.

VML Contact: Jessica Ackerman, jackerman@vml.org

 

VML “If I Were Mayor” essay contest accepting entries

The Virginia Municipal League (VML) invites all Virginia 7th Graders to join its essay contest, “If I Were Mayor,” to tell others what they would do as mayor (or elected official) to make their city, town or county an even better place to live. Regional winners receive $150 and one statewide winner (chosen from the regional winners) receives an additional $250.

Contest rules and details available on the VML website.

VML Contact: Rob Bullington, rbullington@vml.org

 

Is time running out for the state to conform with federal tax changes?

The Virginia Association of Certified Public Accountants has made immediate tax conformity its top legislative priority to reduce complexity for both taxpayers and tax preparers.

Virginia’s Secretary of Finance Aubrey Layne, who also happens to be a Certified Public Account, agrees with his professional association’s priority.

In a recent appearance before the Senate Finance Committee, Secretary Layne warned the legislators that the Commonwealth could lose $370 million in income tax revenue if the state does not conform the state tax code to align with last year’s sweeping changes in federal tax law.

Based on work done by Minnesota’s tax agency to gauge the impact of state tax de-conformity from the federal Tax Cuts and Jobs Act, Layne told the Senators that taxpayers would have to complete new tax forms reflecting 20 adjustments for individuals and 30 for businesses.

The Secretary favors General Assembly action to conform the state and federal tax codes as the first order of business in 2019, putting off the debate on tax policy changes until a future legislative session. However, given the estimated $594 million windfall to Virginia as a result of federal tax changes, it is unlikely that the legislature will issue a pass on the tax policy debate.

Gov. Ralph Northam has already announced his preference to use half of the windfall to refund the full amount of the earned income tax credit to eligible taxpayers. Republican legislators are wary about conforming to the new federal tax policies, asserting that Northam’s proposal is a redistribution of tax money that should be returned to the taxpayers who paid it.

The political stakes and revenue implications are huge. In case anyone has forgotten, next year is an election year with all 140 seats in the General Assembly up for grabs and taxes will certainly be a campaign issue.

But, making policy changes to benefit taxpayers has its own risks. The federal tax breaks for individuals are temporary and will expire by the close of 2025. So, unless the tax cuts are made permanent, the federal tax bills for individual filers will then go up and the state tax revenues will likely go down. At that point, the General Assembly will be put in the position of choosing between cutting the state budget or raising state taxes – a choice most state legislators would rather avoid.

VML Contact: Neal Menkes, nmenkes@vml.org

 

House recommendations for school safety prioritize counseling and increased security staffing

In its last meeting before the upcoming session, the House Select Committee on School Safety presented a final list of 24 recommendations for school security enhancements across the Commonwealth. Foremost among these, the committee seeks to address concerns that counselors are overly burdened with administrative duties by recommending that counselors be required to spend an established percentage of staff time on direct services to students. The committee also proposes permitting retired law enforcement officers to take on full-time school resource and security officer positions without forfeiting retirement benefits. Currently, law enforcement retirees can work a maximum 80 percent schedule without losing benefits, limiting the pool of available highly-trained security staff. The full House will consider the complete list of recommendations during the upcoming General Assembly session.

When introducing the committee’s proposals, Speaker Kirk Cox emphasized the importance of mental health and early intervention as means of mitigating potential threats in schools. However, as Delegate David Toscano observed, the committee’s funding estimates appear misaligned with its priorities. While many of the 24 recommendations include indeterminate fiscal impact assessments, an estimated $5.3 million would support training and security versus $2.2 million backing mental health supports. Fiscal responsibility for other recommendations, such as the hiring of additional school staff to take over administrative responsibilities (i.e. test coordination) from counselors, could potentially fall disproportionately on localities.

The committee plans to release the full text of the final report no later than December 14.  Additional information on the committee and its work is posted at https://studies.virginiageneralassembly.gov/studies/462.

VML Contact: Jessica Ackerman, jackerman@vml.org

 

Bad assumptions punch a hole in the Medicaid budget

Budget shortfall of over $460.0 million will challenge Gov. Northam’s and the General Assembly’s plans for the 2019 Session.

The state budget for the 2018-2020 biennium assumed the Medicaid budget would increase by 2.5 percent in FY19 and by 3.4 percent in FY20. These rates, which were approved by state decision-makers based on a November 2017 forecast, are significantly less than the 7 percent average annual growth rate over the past ten-years.

The state general fund commitment to Medicaid spending is driven mainly by enrollment growth, inflation in certain medical provider rates, and increased supplemental payments to hospitals. The state budget, which was signed into law in June, provided an additional $575.8 million of general fund dollars for the biennial forecast.

So, what happened?  The recently-released November 2018 Medicaid Forecast shows that spending in FY19 will increase by 6.2 percent — not 2.5 percent.  For FY20, the new forecast revises downward the spending increase from 3.4 percent to 2.6 percent.

Comparing the November 2018 forecast with the state budget passed in June, the general fund shortfall in FY19 is $202.2 million and in FY20 is $260.3 million.

Last year’s forecast underestimated the enrollment numbers of low-income children, overestimated utilization savings in Medicaid’s fee-for-service program and missed the growth in hospital claims and expenditures. Policy changes that pushed for greater managed care changes have not produced the dollar savings assumed in the forecast. Managed care rates also increased above the 2017 forecast.

In response to such significant changes, the Department of Medical Assistance Services (DMAS) replaced the actuary responsible for developing last year’s forecast. However, a presentation made at the House Appropriations Committee Retreat pointed out that several unresolved issues remain. DMAS has not completed the data analysis necessary to explain the reasons that cost savings have not been realized. House Appropriations staff did make clear that “better integration of Medicaid forecasting, actuarial analysis of managed care expenditures and rate development, and budget development is needed.”

For local governments, the Medicaid shortfall could hurt efforts to persuade the state to do more in K-12 funding and other high-priority programs, including the restoration of money taken from the Communications Sales and Use Trust Fund. Gov. Northam’s budget amendments will include his proposal to address the Medicaid shortfall. Those amendments will be submitted to the General Assembly’s money committees on December 18.

 

VML Contact: Neal Menkes, nmenkes@vml.org

 

Health care commission adopts recommendations for jail-based health/mental health services

On Nov. 7 the Joint Commission on Health Care considered 10 recommendations from its two-year study of the quality of health care services in jails and prisons, and the impact of requiring community services boards to provide mental health services in jails. Of these, the commission adopted three to pursue as legislative or budget actions in the 2019 General Assembly session:

• Amending the Code to require the Board of Corrections to adopt minimum health care standards for all local and regional jails, whether they were already nationally-accredited or not (the original recommendation would have addressed only those without national accreditation).
• Requesting the Compensation Board, Department of Behavioral Health and Developmental Disabilities, and Department of Corrections to create a single statewide HIPPA compliant release form to be used for all people served through community services boards and the state behavioral health system to allow for better information sharing.
• Requesting that the Secretary of Health and Human Resources, Secretary of Administration and Secretary of Public Safety and Homeland Security establish a “Local and Regional Jail and Mental Health and Substance Use Disorder Best Practice Committee.”

VML Contact: Janet Areson, jareson@vml.org

 

Fall 2018 edition of the Local Assistance Division Newsletter now available

The Local Assistance Division Newsletter communicates general information about local programs to both local governments and VDOT staff. The Fall 2018 Edition of the newsletter highlights the 2018 Local Programs Workshop and provides updates on the proposed qualifications program, a new CTB Policy for reporting on At-Risk SMART Scale projects and the pending federal rescission.

Other important updates and reminders for locally administered projects are addressed including LAP-MAP, NVAP (for collecting construction data for locally administered projects), local on-time advertisement trends and the importance of maintaining good project schedules. This edition also includes updates on several funding programs and the application cycle for the SGR and Primary Extensions, Revenue Sharing, and Transportation Alternatives Programs.

Address any questions to Julie R. Brown (Director, Local Assistance Division), julie.brown@vdot.virginia.gov

 

Virginia State Crime Commission discusses pretrial services

Stakeholders recommend expansion of services to all localities

Staff from the Virginia State Crime Commission and Department of Criminal Justice Services (DCJS) presented an update on the 2018 study of the pretrial services program and additional areas for study to the State Crime Commission on Nov. 8 in Richmond.

Both the Virginia State Crime Commission and DCJS have been studying pretrial services. The Virginia State Crime Commission gave DCJS recommendations for the program last December and conducted a statewide needs assessment. DCJS convened a stakeholder workgroup earlier this year to gather feedback and recommendations and began implementing a plan to improve administration and uniformity of the program in the pretrial agencies across the state.

Outcomes and recommendations from the stakeholder group included the following:

• Pretrial services should be expanded to all localities.
• Pretrial services should provide both investigations and supervision.
• The risk assessment tool (VPRAI) should include separate risk scores for risk level to public safety and risk level for failure to appear.
• The tool should guide the intensity of supervision.
• DCJS should work with stakeholders to develop training modules/coordinate training of local pretrial stakeholders.
• Training should focus on the importance of transfer of information between pretrial agencies, judges, prosecutors, defense attorneys and other stakeholders.

In addition, a workgroup is developing a new funding formula for the program because the current one is out-of-date with the growth in the program over time.

DCJS staff said that its workplan includes more frequent visits to pretrial services program sites, and enhanced monitoring of each program (including quarterly analyses of agency data beginning in the spring) to ensure compliance with DCJS standards and guidelines. Additionally, modifications and enhancements to the case management system will address data issues and gaps discovered by the Virginia State Crime Commission study.

At the same time, the Virginia State Crime Commission has a project underway through Dec. 31, 2018 to follow a cohort of adult defendants charged during a one-month period (Oct. 2017) to capture data related to final case depositions, public safety factors (i.e. new arrests prior to final disposition) and instances of failure to appear.

A few members of the Virginia State Crime Commission expressed skepticism of the recommendation to expand the program to all localities when it was not yet clear from the study whether the program was effective in meeting its goals, or even if it was a better alternative to having no program at all.

DCJS staff answered questions from Virginia State Crime Commission members regarding the accuracy and effectiveness of the risk assessment instrument, the link between the level of supervision and safety issues, and policy regarding auditing of cases when something goes wrong. Staff also said that they would re-evaluate the recommendation to expand the program if the new data showed reason to do otherwise.

Additional information is posted on the Virginia State Crime Commission’s website at http://vscc.virginia.gov/meetings.asp.

VML Contact: Janet Areson, jareson@vml.org

 

U.S. Supreme Court to hear appeal in Virginia redistricting case

In the latest twist to Virginia’s ongoing redistricting drama, the U.S. Supreme Court agreed Tuesday to hear new arguments in the case, looking specifically at whether the GOP, led be Speaker Kirk Cox, has the standing to bring an appeal against the Fourth District’s June ruling. Traditionally, a court ruling can only be challenged by an individual or group it directly harms.

While this new development does not automatically affect the Fourth Circuit’s development of a new map, to be drawn by Dr. Bernard Grofman of UC-Irvine, House leadership could request that the Supreme Court place a hold on the proceedings until after the appeal.

This is not the case’s first appearance before the Supreme Court. Whereas the Fourth Circuit originally confirmed that the House’s use of racial thresholds in the 2011 map was acceptable, the Supreme Court instructed the court to reconsider the case in 2017 using a narrower legal standard. Upon review, the lower court determined that House leadership had improperly restricted minorities into fewer districts to allow for higher concentrations of likely GOP voters in surrounding areas.

The case is expected to be heard in the spring of 2019. The Supreme Court’s full order list can be found here.

VML Contact: Jessica Ackerman, jackerman@vml.org

 

New Federal tool available to help rural communities address opioid epidemic

The Rural Resource Guide to Help Communities Address Substance Use Disorder and Opioid Misuse is a new resource for rural community leaders looking for Federal funding and partnership opportunities to address opioid misuse and build community resilience. It was developed by the Rural Opioid Federal Interagency Working Group.

In May 2018, the White House Office of National Drug Control Policy (ONDCP) convened the Rural Opioid Federal Interagency Working Group to help address the opioid crisis in rural communities by improving coordination and reducing potential overlap among federal agencies. ONDCP and U.S. Department of Agriculture (USDA) co-chair the group, which includes representatives of the Departments of Commerce, Education, Health and Human Services, Housing, Justice, Labor, Transportation, and Veterans Affairs; the Corporation for National and Community Service; and the Appalachian Regional Commission.

The Rural Resource Guide is the second tool announced this month in USDA’s Community Opioid Misuse Toolbox (available for free on USDA’s Rural Opioid Misuse Webpage) which is a suite of tools to support grassroots strategies to address the opioid epidemic. Earlier this month, USDA launched the Community Assessment Tool, an interactive database to help community leaders assess how and why the opioid epidemic is affecting their region.

USDA Rural Development provides loans and grants to help expand economic opportunities and create jobs in rural areas. This assistance supports infrastructure improvements; business development; housing; community facilities such as schools, public safety and health care; and high-speed internet access in rural areas. For more information, visit www.rd.usda.gov.

VML Contact: Janet Areson, jareson@vml.org

 

Grants Training in Portsmouth, VA – December 13-14

The Portsmouth Police Department and Grant Writing USA will present a two-day grants workshop in Portsmouth, December 13-14. This training is for grant seekers across all disciplines and is appropriate for beginning and experienced grant writers from city, county and state agencies as well as nonprofits, K-12, colleges and universities.

Click here for full event details.

Contacts:

Tammy Pitts
Grant Writing USA
888.435.7281 toll free
tammyp@grantwritingusa.com

Sgt. Dillon
Portsmouth Police Department
757.393.8088 x15
dillonb@portsmouthva.gov

 

2018 Digital Cities Survey Winners announced

Virginia Beach first place winner in its population category

In November, Virginia Beach was named the first-place winner of the 2018 Digital Cities Survey for cities with populations between 250,000 to 499,999 by the Center for Digital Government. This was the third year in a row that the city received this ranking.

The annual survey, which is in its 18^th year, recognizes cities that are using technology to tackle social challenges, enhance cybersecurity, improve transparency and more. Virginia Beach’s achievements included integrating Smart City priorities with the city council ‘s 10 strategic goals, installing 12 Internet of Things (IoT) sensors to mitigate the effect of sea-level rise and flooding and to support disaster preparedness and recovery, and appointing a chief data officer to improve open data and transparency.

Other first-place winners were Los Angeles, CA; Bellevue, WA; Westminster, CO and Coral Gables, FL. These cities were among ten recognized at an awards banquet held Nov. 8 during the National League of Cities’ conference in Los Angeles.

Other Virginia cities were also recognized for their use of technology, placing in the top ten of their respective population categories. Lynchburg tied for second place in the population category of 75,000 – 124,999.  Also placing in the top ten of their population categories were the cities of Alexandria, Norfolk and Hampton (125,000 – 249,999 population); Roanoke (75,000 – 124,999 population); Salem and Williamsburg (Up to 75,000 population).

 

Hampton’s housing authority rated top performer by HUD

The Hampton Redevelopment and Housing Authority (HRHA) has been rated a “High Performer” agency in both key measures used by the federal Department of Housing and Urban Development, according to a city media announcement released in early November.

HRHA scored more than 91 points of a possible 100 on the Public Housing Assessment System for the fiscal year ending Dec. 31, 2017.  That set of standards grades public housing — fiscal management, physical buildings, and construction and ongoing funding. The agency earned a perfect score on the Section Eight Management Assessment Program for the same time period.

 

• eNews Dec. 14, 2018   In this issue: Volunteers needed for opioid data sharing pilot Funding falls short of transportation needs Governor proposes teacher salary increase Lead up to the approaching state and federal budget actions School capital funding plans differ greatly Mental health joint subcommittee updates Wireless deployment FCC update   Volunteers needed for Opioid data sharing pilot […]
• eNews Nov. 29, 2018   In this issue: 2019 VML Policy Statements VML Events: Newly Elected Officials Conference, Finance Forum and Legislative Day Can Virginia afford bills in its drawer? Comments requested for judicial access rules Unmet housing needs subject of Executive Order Economic storm clouds Body camera workgroup update VDOT recommends against heavier truck study participation Elections are […]
• eNews Nov. 16, 2018   In this issue: Register for VML regional legislative update sessions March for More for Virginia schools to be held in Richmond Newly Elected Officials conference registration now open VML essay contest for 7th graders now accepting entries State seeks to conform with federal tax changes in time House recommendations for school safety Medicaid budget […]
• eNews Nov. 1, 2018   In this issue: October issue of Virginia Town & City now available online Registration open for legislative update sessions Deadline to submit comments on proposed cable rule changes Funding for core services in the 2019 General Assembly session Deployment plan for NextGen 9-1-1 NextGen 9-1-1 webinar SIEC meeting in Roanoke Small cell deployment update […]
• eNews Oct. 18, 2018   In this issue: New and updated resources on VML website Interest rates on the rise State revenues jump 4.0 percent in September Small victory gained at FOIA Council Procurement process study gets underway DSS, DMAS continue health care expansion work Code Commission takes up Title 15.2 issues   New and updated resources on VML […]
• eNews Oct. 5, 2018   In this issue: 2018 VML Conference a success Introducing the 2018-2019 VML Executive committee 2019 Legislative Program Conference and Mayors Institute speaker presentations available soon Updates from the redistricting battle Wireless infrastructure group makes progress VDOT group discusses new guidelines and permits Amazon wage increase to affect local governments? Virginia shipyards benefit from bipartisan […]
• eNews Sept. 20, 2018   In this issue VML conference reminders and updates Register for 2019 Finance Forum and VML Legislative Day 5G meeting at the Capitol School safety issues considered by House committee Federal government shutdown likely avoided Republicans propose alternative map in redistricting battle Good and bad news from the Labor Department Eviction issues and homebuilding trends […]
• eNews Sept. 7, 2018   In this issue Register now for VML annual conference; Mayors Institute; Sept. 21 is cancellation deadline Bullington joins VML staff Proposed policy statements now available House school safety subcommittee hears from students Questions raised about proposed funding model for school modernization Redistricting debate heats up in Richmond Registration now open for Oct. 30 broadband […]
• eNews Aug. 23, 2018 – Part 2   Inside this issue Kaine, Stewart to speak at VML annual conference FOIA Council heats up; Punts on additional penalties Using income from online sales tax for school renovations proposed Push for more school counselors in school safety discussions FOIA Council adds more training sessions Don’t forget: Applications open for serving on VML’s Executive Committee […]
• eNews Aug. 23, 2018 – Part 1   There is a lot of economic news, and this week VML has taken a closer look at what this news means for the state and for the upcoming session. Be sure to read these stories: Too much money has its own set of problems The numbers behind the numbers in next year’s debate on […]