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Tuesday, November 27, 2007
When a lobbyist just won’t do: Atlanta’s fight to keep its water system intact
The Atlanta Journal-Constitution
Ordinarily, a politically astute and well-connected person, when she sees legislation at the state Capitol mushrooming against her interests, will go out and hire yet another lobbyist.
Lobbyists are like shoes to women or power tools to men. You can’t have too many, and if the spare you pick out doesn’t fit one occasion, it might do for another.
But Mayor Shirley Franklin of Atlanta is not ordinary. Instead of a lobbyist, she has enlisted a federal judge in her fight — a decisive, perhaps even preemptive tactic.
Much like bringing a Glock to a knife fight.
Eight months ago, along partisan lines, the Republican-controlled state Senate passed S.B. 306. The Greater Fulton Water Authority Act now lies with a House committee, theoretically available for debate when the Legislature reconvenes in January.
The measure is sponsored by David Shafer of Duluth, who has been part of the effort to free Republicans north of Atlanta from the domination of a Democratically controlled Fulton County.
Right now, the city of Atlanta currently supplies water to most of unincorporated and newly incorporated Fulton County, often at slightly higher rates than city residents pay.
S.B. 306 would allow the establishment of a rival water and sewer authority to become “the primary supplier of water and sewer utilities” outside Atlanta. Even if that means appropriating Atlanta-owned water and sewer lines — at a fair price, of course.
The object, argues Shafer, is to give local consumers more control over what they pay for water.
But as this drought has revealed, water systems throughout Georgia— not just in Atlanta — provide essential streams of cash to local governments. (Pun very much intended.)
On Nov. 2, attorneys for the city of Atlanta appeared before U.S. District Court Judge Thomas Thrash, who for the last 10 years has overseen the lawsuit that has forced Atlanta to spend billions of dollars to clean up the water that it puts back into the Chattahoochee River.
The city attorneys made two points. First, if S.B. 306 passes, it could undercut the city of Atlanta’s customer base, and thus jeopardize Atlanta’s ability to pay for the repairs required by the lawsuit’s consent decree.
Secondly, the lawyers pointed out the humor that can be found in Section 309E of the federal Clean Water Act. If a state action — a piece of legislation, say — undermines a city’s financial ability to comply with a judgment, then that state is required to pick up the tab.
The state of Georgia would have to pay for the reconstruction of Atlanta’s water and sewer system.
You can read the transcript of the hearing by clicking here.
But let us point out some strong thoughts expressed by Judge Thrasher. It’s clear that he’s become a major fan of Mayor Franklin.
“Frankly, I expected excuses, delays, obstruction, incompetence. And under Mayor Franklin’s administration, non of that’s happened. The works been done. It’s been done on time, I think pretty much done within budget. And it really is a remarkable accomplishment,” Thrash said.
“So the final thing I will say is that I will exercise every power I have to provide the city with whatever it takes to finish the job,” the judge said. “If it means enjoining legislation, I will do it. If it means imposing financial liability on the state of Georgia, I will do it….
“I don’t want to get into any conflict with the state of Georgia or the Georgia General Assembly, but I have just got to have everybody understand that I am going to do what I have to do to see that the city finishes this job,” Thrasher said.
We talked to Shafer, the sponsor of the bill. He disputes the financial impact that S.B. 306 would have on the city of Atlanta and its sewer repairs.
But Shafer also concedes the bill is not likely to move forward. House Speaker Glenn Richardson has classified S.B. 306 as local legislation, which would require approval by two-thirds of the Fulton County delegation for passage.
But if the Speaker changes his mind, and S.B. 306 does proceed, there’s a judge who could be waiting at the other end. With more to say about the legislation than any lobbyist ever could.
Lewis: No friend of thine
The Atlanta Journal-Constitution
Rep. John Lewis has many friends. But Keith Leaphart, a novice congressional candidate in Pennsylvania, just found out he isn’t one of them.
Two Philadelphia newspapers reported today that Leaphart, a doctor and Democrat making his first run for public office, hoped to draw potential donors to a major fundraiser by promising them a “special invited guest.”
That guest was supposed to be Lewis, an Atlanta Democrat and civil rights icon - except Lewis never agreed to attend the event.
It fell to Lewis’ chief of staff, Michael Collins, to bring Leaphart, 32, back to earth. Collins told Leaphart that Lewis didn’t remember ever meeting him. Moreover, the guy Leaphart is running against, Democratic Rep. Bob Brady, is a decade-old friend of Lewis’ - and not the imaginary kind, either.
Leaphart said he met Lewis and was promised his support at a Congressional Black Caucus event in Washington in September.
“I’m sure that you did meet the congressman and that he wished you well and offered his support of you as a young, aspiring public servant,” Collins wrote to Leaphart. “But not as an endorsement of your candidacy.”
David Dix, finance director for Leaphart’s exploratory committee, took the bullet for the campaign.
“I mistook his encouragement as support, at which point we offered an opportunity for Congressman Lewis to join us,” Dix told the Daily News. “In no way did we intend the special invitation as an endorsement,” Dix told the paper.
Lewis’ name has since been removed from the invite, Dix said.
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Because when Georgia Democrats party, there’s no substitute for an Applebee’s
The Atlanta Journal-Constitution
The hotel list for state delegations to the 2008 Democratic National Convention in Denver is now making the rounds.
No surprise, but New York and California have choice downtown spots, along with the Vermont delegation.
The Georgia delegation will have its digs at the Doubletree Denver hotel in Stapleton. The hotel web site says that’s 20 minutes from the airport and six minutes from downtown Denver.
Let’s assume that boasts of easy access are as exaggerated in Colorado as they are in Georgia. That would put the Georgia delegation somewhere in Denver’s equivalent of Smyrna.
Look at the entire list here, and a geographic analysis by Colorado Confidential, a local blog, here.
Perhaps the best way to measure Georgia’s clout in the upcoming convention — three days in late August — is to look at the company the delegation will keep.
Housed at the same hotel will be delegations from Alabama, South Dakota and North Dakota. All noted Democratic powerhouses.
Matt Towery’s getting excited….
The Atlanta Journal-Constitution
About a Florida poll of Republicans that Insider Advantage is conducting following the CNN/YouTube debate on Wednesday. You’ve got to see his pitch. Chris Matthews has nothing on him.
Republicans ready to field an African-American against Barrow?
The Atlanta Journal-Constitution
Larry Peterson at the Savannah Morning News is reporting this morning that a former staffer to U.S. Rep. John Kingston, the Savannah Republican, is considering a run against U.S. Rep. John Barrow, the Savannah Democrat.
The staffer is Karen Bogans, now a government and community affairs consultant. She is African-American.
“I’m more in it than out,” Bogans said.
Significantly, Kingston sounded close to backing her. “I would lean toward endorsing her,” he said. “She’s a hard worker, very knowledgeable, very presentable and very articulate.”
This means two things. First, of course, is the fact that Kingston likes her. But given Kingston’s stature in the region, it also means that — very possibly — this is the candidate that Republicans have chosen to rally around next year in their continuing effort to oust Barrow.
