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	<title>The Zion Chronicle &#187; State</title>
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	<description>Recording Bits and Pieces of Heaven in Theory and Practice</description>
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		<title>We Need a New Generation in Washington</title>
		<link>http://www.davidjmiller.org/2012/we-need-a-new-generation-in-washington/</link>
		<comments>http://www.davidjmiller.org/2012/we-need-a-new-generation-in-washington/#comments</comments>
		<pubDate>Wed, 01 Feb 2012 22:14:36 +0000</pubDate>
		<dc:creator>David</dc:creator>
				<category><![CDATA[National]]></category>
		<category><![CDATA[politics]]></category>
		<category><![CDATA[State]]></category>
		<category><![CDATA[2012]]></category>
		<category><![CDATA[Dan Liljenquist]]></category>
		<category><![CDATA[Orrin Hatch]]></category>
		<category><![CDATA[Pursuit of Liberty]]></category>
		<category><![CDATA[senate]]></category>

		<guid isPermaLink="false">http://www.davidjmiller.org/?p=2727</guid>
		<description><![CDATA[Investors Business Daily has a pro-Hatch propaganda piece up that deserves a few tweaks. First, the headline says that republicans must gain control of Congress for the economy to recover. Do we really need to remind everyone that Republicans had &#8230; <a href="http://www.davidjmiller.org/2012/we-need-a-new-generation-in-washington/">Continue reading <span class="meta-nav">&#8594;</span></a><div class="tantan-getcomments"><a href="http://www.davidjmiller.org/2012/we-need-a-new-generation-in-washington/#comments">(2 comments)</a></div>]]></description>
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			</div><div style="clear:both"></div><div style="padding-bottom:4px;"></div><p>Investors Business Daily has <a href="http://news.investors.com/Article/599546/201201311827/gop-must-take-senate-for-economy-to-boom.htm">a pro-Hatch propaganda piece</a> up that deserves a few tweaks.</p>
<p>First, the headline says that republicans must gain control of Congress for the economy to recover. Do we really need to remind everyone that Republicans had almost uninterrupted control of Congress from 1995 to 2007. Had Republicans retained control of Congress beyond 2007 does anyone really believe the economy would not still have gone into the great recession?</p>
<p>Second, IBD claims that re-electing Orrin Hatch is crucial if Republicans regain control because &#8220;Orrin Hatch will be the first genuine free-market conservative to {become chairman of the Senate Finance Committee}.&#8221; Yes, the same Orrin Hatch who cosponsored <a href="http://en.wikipedia.org/wiki/PROTECT_IP_Act">PIPA</a> until it was politically untenable and wanted to blow up the computers of anyone with pirated software while his own website was powered by an unlicensed copy of software is now &#8220;a genuine free-market conservative.&#8221; The author, Ernest Christian, claims that all the prior chairmen of the committee whom he had worked with were either liberals or moderates. I&#8217;ll take him at his word on that but his description of moderates as &#8220;too often &#8230; unwilling to make a clear-cut choice between the free-market principles of conservatives and the big-government desires of liberals&#8221; is perfectly descriptive of Hatch. The fact that Mr. Christian has been working with every SFC chair since 1970 shows what is really going on here &#8211; it&#8217;s one old political dog going to bat for another.</p>
<p>For those who want to see the economy truly recover there is only one answer &#8211; we need a new generation of conservatives in Washington and we need enough of them there to change the way the rest of the Republicans act in office. As soon as we say &#8220;new generation&#8221; you know that Orrin Hatch will never fit that bill &#8211; he&#8217;s as entrenched an incumbent as you&#8217;ll ever find.</p>
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		<title>Addressing Abysmal Voter Turnout</title>
		<link>http://www.davidjmiller.org/2012/addressing-abysmal-voter-turnout/</link>
		<comments>http://www.davidjmiller.org/2012/addressing-abysmal-voter-turnout/#comments</comments>
		<pubDate>Tue, 24 Jan 2012 23:02:33 +0000</pubDate>
		<dc:creator>David</dc:creator>
				<category><![CDATA[culture]]></category>
		<category><![CDATA[politics]]></category>
		<category><![CDATA[State]]></category>
		<category><![CDATA[civic participation]]></category>
		<category><![CDATA[Instant Runoff Voting]]></category>
		<category><![CDATA[Pursuit of Liberty]]></category>
		<category><![CDATA[voting]]></category>

		<guid isPermaLink="false">http://www.davidjmiller.org/?p=2719</guid>
		<description><![CDATA[Would non-partisan runoffs be a possible solution to address our declining levels of voter participation in Utah? <a href="http://www.davidjmiller.org/2012/addressing-abysmal-voter-turnout/">Continue reading <span class="meta-nav">&#8594;</span></a><div class="tantan-getcomments"><a href="http://www.davidjmiller.org/2012/addressing-abysmal-voter-turnout/#comments">(1 comment)</a></div>]]></description>
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			</div><div style="clear:both"></div><div style="padding-bottom:4px;"></div><p>Adam Brown had an interesting post about <a href="http://utahdatapoints.com/2012/01/why-is-utahs-turnout-falling/">possible causes for low voter turnout in Utah</a>. Adam suggests three possible causes for low voter turnout but essentially dismisses the relative youth of our state as being a cause not supported by the data (and he knows data analysis). That leaves us with two possibilities (according to his post):</p>
<blockquote><p>Second, maybe it’s because general elections have become much less competitive over the years. &#8230; If people believe that their votes are less likely to sway the outcome (either way), then they might not bother to show up.</p>
<p>Third, maybe it’s because Utah strengthened its caucus-convention system in the 1990s, making it harder to force a primary and easier to win in convention.</p></blockquote>
<p>I won&#8217;t pretend to have any insights into which of those two options might be a driving factor. What I thought was interesting was that in suggesting potential solutions to the three possible causes he listed <a href="http://en.wikipedia.org/wiki/Two-round_system">non-partisan runoffs</a> as a potential way to address each of the two plausible causes of the problem.</p>
<p>This was interesting to me four a couple of reasons. First, back when I was doing a lot more political writing than I have been recently, the issue of increasing participation in the political process was one that I was vocal about addressing. I suggested that increasing levels of citizen participation would be akin to our nation experiencing <a href="http://pursuit-of-liberty.davidjmiller.org/2008/a-new-birth-of-freedom/">a new birth of freedom</a>. Second, because in <a href="http://pursuit-of-liberty.davidjmiller.org/2008/a-step-backwards-in-utah/">lamenting the voter turnout in 2008</a> &#8211; where we actually had fewer people voting than in 2004 despite a larger population of eligible voters &#8211; I suggested an idea that was very much like non-partisan runoffs (a term I had not heard before today). My suggestion was that in voting districts where one party received more than 60% of the votes that party would be required to field two candidates on the ballot. That idea really would work best in a runoff system where the top two candidates, regardless of party (assuming neither got over 50% initially), then had a runoff (I would suggest the Saturday after the election). In areas where the dominant party managed to get both of their candidates in the top two it would be the equivalent of an open primary between those two candidates (after the party delegates had weighed in on which two candidates should carry the banner at their conventions).</p>
<p>A chart from <a href="http://utahdatapoints.com/2012/01/purging-utahs-voter-rolls-will-not-boost-turnout/">an earlier post by Adam</a> shows that prior to me becoming old enough to vote, Utah always had at least 60% participation or more in presidential election years and 40% participation or more  in non-presidential election years. Since that time we have never hit either of those benchmarks and our participation has gone from above average to below average (measured against the rest of the nation). That leaves me with two questions:</p>
<ol>
<li>Is this a generational issue?
<ul>
<li>Did people starting about my age an younger lower our participation levels by not stepping up to the plate when they came of age?</li>
</ul>
</li>
<li>What effect would an idea like non-partisan runoffs have?
<ul>
<li>What would it take to implement such a systemic change?</li>
</ul>
<ul>
<li>How could we make such a system work in conjunction with the rest of the nation where federal elections are concerned?</li>
</ul>
</li>
</ol>
<p>I would love to hear what others think about those questions because if I really thought it would make a difference and that it was possible to make such a change I would start finding ways to get the issue on our legislative agenda (not this year of course &#8211; that would be impossible).</p>
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		<title>Redistricting in Ut(opia)</title>
		<link>http://www.davidjmiller.org/2011/redistricting-in-utopia/</link>
		<comments>http://www.davidjmiller.org/2011/redistricting-in-utopia/#comments</comments>
		<pubDate>Fri, 30 Sep 2011 21:23:10 +0000</pubDate>
		<dc:creator>David</dc:creator>
				<category><![CDATA[politics]]></category>
		<category><![CDATA[State]]></category>
		<category><![CDATA[2012]]></category>
		<category><![CDATA[congress]]></category>
		<category><![CDATA[Pursuit of Liberty]]></category>
		<category><![CDATA[redistricting]]></category>

		<guid isPermaLink="false">http://www.davidjmiller.org/?p=2691</guid>
		<description><![CDATA[I have been watching the redistricting process with interest although I have not been able to be as vocal in the discussions as I might have wished. This late in the process we can see the forces at work and &#8230; <a href="http://www.davidjmiller.org/2011/redistricting-in-utopia/">Continue reading <span class="meta-nav">&#8594;</span></a><div class="tantan-getcomments"><a href="http://www.davidjmiller.org/2011/redistricting-in-utopia/#comments">(2 comments)</a></div>]]></description>
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			</div><div style="clear:both"></div><div style="padding-bottom:4px;"></div><p>I have been watching the redistricting process with interest although I have not been able to be as vocal in the discussions as I might have wished. This late in the process we can see the forces at work and the concerns being raised. On top of that, I have been asked how I think the lines should be drawn (not what my map would look like so much as how I would go about drawing it). It time now to no longer be silent. Before the final vote on the maps is completed by the special legislative session I need to speak up &#8211; and so should everyone else who has not already been heard in this process.</p>
<p>I have been pleased with the process at times and disappointed with the results at other times. I am going to talk about what has happened in the redistricting process so far, good and bad, and also answer the question of what I think is the appropriate process for completing this decennial task.</p>
<p><span id="more-2691"></span></p>
<p>Redistricting 2012</p>
<p>The redisctricting process started off on a positive note this time as the census granted us a fourth seat. That was expected but it was nice to have it official. The next positive step came as the legislature vowed to conduct the process in a transparent and participatory way. This included the fact that they made a tool available online where anyone could submit a map for consideration. Some people may complain that the promise of transparency was an illusion but if we are honest we must admit that generally speaking the process has been very open to inspection even if the development of specific maps was done without discussion.</p>
<p>Personally I was also excited when the House District base map was adopted because it placed me in a house district that was not straddling a county line &#8211; meaning that the county delegates in my precinct now have a say in selecting the nominee for their state representative rather than being forced to leave that responsibility with a lower number of state delegates from the precinct.</p>
<p>Everybody knew when this process started that the most maneuvering would come in connection with the Congressional District map. This has proven clearly to be the case. The problems associated with this map are not unique but people tend to care more about the outcome of this map than they do about some of the others. Most of the disappointing aspects of our redistricting process this year have centered on this map.</p>
<p>Right from the beginning while the maps for state house, senate, and school board were being developed the maneuvering for the congressional district map was already commencing. Democrats were preemptively accusing Republicans of planning to gerrymander the districts to oust Congressman Matheson. Coupled with that assertion they were vocally calling for the committee to carve out a safe democratic district in Salt Lake County so that the urban Democrats there would not feel disenfranchised by being lumped into districts with Republican dominated suburban and/or rural regions.</p>
<p>Despite such an ominous beginning on that important map I was very pleased when the <a href="http://www.redistrictutah.com/category/maps/u-s-congressional-6-finalists">six finalists</a> were announced from the committee. Among the six maps were pizza slices as the Republicans tended to favor and doughnuts as the Democrats advocated for. There was one map among the finalists that was drawn by a citizen and even one map that bore no resemblance to either pizza or doughnuts.</p>
<p>The saddest part of the process came a few days later when the committee took one of the more political of the six finalists and incorporated the worst of both Democrat and Republican wishes to a horrid <a href="http://www.redistrictutah.com/maps/congress-redistricting-committee-adopted-congressional-map-92711">combination pizza/doughnut</a> where half of the city of Bountiful is in the same district as St. George while carving out a safe Republican district in Utah County that is nearly surrounded by the convoluted South Davis to St. George district.</p>
<h3>My Vantage Point</h3>
<p>In order to put my description of the ideal redistricting process in context I feel I should share my political persuasion for any who are not already familiar with it. I am decidedly conservative. Of the two major parties I definitely identify most closely with the Republicans and would love to see Republicans in all four of our congressional seats &#8211; especially if they were serious about a sustainable fiscal policy (just being &#8220;Republican&#8221; is not good enough for me). I have been unimpressed by all the &#8220;Fair Boundaries&#8221; posturing which really amounts to an anti-Republican position despite the rhetoric of fairness. That being said I believe in the principle that everyone should get a fair say in the representation. I don&#8217;t believe that we should have four Republicans in Congress simply on the basis of a cleverly drawn map. Likewise I do not believe that we should create districts based on the current incumbents (either to protect or to oust them).</p>
<h3>Redistricting Ideal</h3>
<p>The ideal way to do redistricting would be to ignore any political considerations. It should be done by a trained cartographer/statistician who has no connection to the area being mapped. They should have access to the census data on population but no record of voting history or incumbency. When the number of districts is not changing the lines should follow the existing district boundaries as much as possible to maintain continuity for voters (especially if the lines had previously been determined according to these criteria). If the number of districts is changing there should be no reference to existing boundaries except possibly if one of the existing districts correlates closely to the ideal population for the new districts.</p>
<p>The problems in the current process are all political considerations such as how to protect or oust incumbents and what defines a community of interest.</p>
<p>The ideal process would be so politically agnostic that if citizens were randomly reassigned to new places of residence so that the population density was unchanged and demographics were completely altered the map would make as much sense before the reassignment as it did after. It makes sense to keep a county or city within one political subdivision where possible and to split it between as few as possible when necessary.</p>
<p>If we followed those criteria the best map of the six finalists was <a href="http://www.redistrictutah.com/maps/u-s-congressional-6-finalists/congress-david-edward-garber-%e2%80%9cgarber-cds-d%e2%80%9d">the one by David Garber</a>. The second best of the six was <a href="http://www.redistrictutah.com/maps/u-s-congressional-6-finalists/congress-steve-clark-%e2%80%9csteven-clark-amended-u-s-house-districts%e2%80%9d">the one by Steve Clark</a>. Both of these were far and away better than the map by Rep. Sumsion that was tweaked to form the adopted base map. I am confident that the reason the Sumsion map was chosen instead was because of the other thing that those two maps have in common, they were both drawn by citizens (another political consideration) and therefore did not have a champion on the committee with as much emotional investment as Rep. Sumsion had for his map. In saying this I am not accusing Rep. Sumsion of anything nefarious or sinister. I fully expect that the author of each finalist map would consider their own map to be the best of the bunch. The problem is that these two maps, which were the best of the bunch, did not have a government official behind them to push for their adoption. I suspect that they were the first two dropped by the committee and that the Harper and Sumsion maps were the last two standing because they each incorporated the doughnut concept that the Democrats favored.</p>
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		<title>GRAMA Answers &#8211; A First Pass</title>
		<link>http://www.davidjmiller.org/2011/grama-answers-a-first-pass/</link>
		<comments>http://www.davidjmiller.org/2011/grama-answers-a-first-pass/#comments</comments>
		<pubDate>Thu, 24 Mar 2011 21:51:07 +0000</pubDate>
		<dc:creator>David</dc:creator>
				<category><![CDATA[culture]]></category>
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		<guid isPermaLink="false">http://www.davidjmiller.org/?p=2628</guid>
		<description><![CDATA[I really appreciated the 36 questions that came out of the first meeting of the GRAMA working group and wanted to offer one perspective on a first pass at answering those questions. I will say upfront that the answers provided &#8230; <a href="http://www.davidjmiller.org/2011/grama-answers-a-first-pass/">Continue reading <span class="meta-nav">&#8594;</span></a><div class="tantan-getcomments"><a href="http://www.davidjmiller.org/2011/grama-answers-a-first-pass/#comments">Leave a Comment</a></div>]]></description>
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			</div><div style="clear:both"></div><div style="padding-bottom:4px;"></div><p>I really appreciated the  <a href="http://www.senatesite.com/home/36questions/">36 questions</a> that came out of the first meeting of the GRAMA working group and wanted to offer one perspective on a first pass at answering those questions. I will say upfront that the answers provided here are subject to modification or revision based upon more detailed information. Consider this the legislative intent or deliberative process version of any final answers. Before answering the questions I wanted to make one related comment.</p>
<p>When I saw that Common Cause was running a full page ad in the Salt Lake Tribune today calling for the repeal of HB 477 I worried that they were positioning themselves to take some credit after it gets repealed tomorrow (and it will). As citizens we need to be careful in our consumption of information. We need to make sure that we are not fooled by the claims of any interest group. Common Cause appears to be using this situation to help them jump start the reopening of their Utah chapter. I don&#8217;t know whether that will be a good thing in the long run or not &#8211; I don&#8217;t know much about the group &#8211; but we should not confuse their core advocacy for open government with any significant work to get this repealed. It was the uproar by the citizens of Utah that brought about this legislative reversal, not the political astuteness of some interest group.</p>
<p>Now, on to the questions:</p>
<p><span id="more-2628"></span></p>
<ol>
<li><strong>Is there any reasonable expectation of privacy for an elected official? If yes, what should be private? What should be public?</strong> Not unless the person was elected against their will. They chose to be a public figure and should expect that their actions are under public scrutiny because they have the opportunity to make public policy.</li>
<li><strong>Does it make a difference if an elected official uses a publicly funded or a privately funded device?</strong> Not at all.</li>
<li><strong>When are the personal notes of a government official public records?</strong> Anytime they have any connection to their office or to anything voters might consider relevant in deciding whether to continue supporting them as an officeholder.</li>
<li><strong>What personal records of an elected official should be protected, and what should be public? Should a government official be required to release personal notes created solely for his or her own use? If so, what constitutes a personal note? Does the form matter (handwritten, diaries, appointment books, computer files)? Does it matter if those notes are or are not related to policy or government duties?</strong> This gets to the heart of this issue. I&#8217;m not sure there is a clearcut or lasting answer to this question. Some things are clear though, any record created for their personal use and not shared with others or related to policy or government duties ought to be considered private. The form of those notes only matters insofar as the form may be used to help define of the note was considered to have been shared.</li>
<li><strong>Is there a difference between a digital conversation and a digital record? How should channels of communication like text messages, IMs, Email, video chat, Twitter DMs, Facebook Messages and voice mail be considered under the GRAMA statute?</strong> The difference between a digital conversation and a digital record is whether the medium is designed to be preserved or discarded. Digital records such as blog posts are designed to be preserved while digital conversations such as twitter are not (just see how easy it is to retrieve or search old tweets, it&#8217;s not nearly as reliable as old blog posts). The default assumption on the part of government should be to preserve where possible. Holders of government office need to realize that the more information people have the more likely they are to agree with their elected officials. Those in favor of open government already realize that officeholders tend to make reasonable official positions in direct proportion to the amount of information they share with the public.</li>
<li><strong>How should we categorize the increasing new channels of electronic communication as they arise?</strong> Categorizing is not as important as retaining the default assumption of &#8220;preserve where possible.&#8221;</li>
<li><strong>Who owns the records? The elected official, the elected body, or the company that provides the electronic forum? I.e. Facebook, Twitter? Who should archive these records?</strong> For formal meetings and conversations the elected body owns the record. For informal settings the elected official owns the conversation. In all cases the owner is responsible for archiving records where possible. The better they do the more prepared they will be to respond to watchdog groups who already archive anything they feel they can use.</li>
<li><strong>Who should pay the real costs for searching and producing these records?</strong> the owner of the information should pay the costs of archiving the record while the person requesting access should pay the costs of searching and reproducing the records.</li>
<li><strong>Does a citizen have an expectation of privacy when they contact their elected official?</strong> Only if their contact is unrelated to policy or government function.</li>
<li><strong>Should records that contain information about a person’s health be protected?</strong> Generally yes.</li>
<li><strong>Should personal Email addresses be classified as protected records?</strong>Yes.</li>
<li><strong>Should a lobbyist have any expectation of privacy when they contact an elected official?</strong> No.</li>
<li><strong>The more complicated the rules for privacy become, the more complex and expensive the legal review in responding to records requests will be. Who should pay these costs?</strong> First, the rules should be simplified as much as possible. Second, the requestor of the information should generally pay those costs of compliance.</li>
<li><strong>Should the GRAMA statute contain intent language? If so, should the intent language be allowed to trump the actual text of the code?</strong> Intent language only opens the door for inconsistency of interpretation. If the text of the code alone produces results different than the intent of the legislature then the code should be altered. The intent should be included in the discussion when creating and debating the text of the code.</li>
<li><strong>Currently, GRAMA does not address which party has the burden of proof on an appeal to show that the public interest in disclosing a record outweighs the record’s private or protected status. Who should bear this burden of proof?</strong> If the legislature feels that information disclosure is in the public interest they should proactively make it available. The burden of proof when someone wants protected information made public should reside with the requestor.</li>
<li><strong>What protections should be afforded to the internal and deliberative processes in the three different branches of government?</strong> With the possible exception of judicial deliberations, the common sense of office holders should be such that their deliberations should be able to withstand public scrutiny. Likewise the public should be astute enough to figure out how much credence to give to anything that occurs during the deliberative process.</li>
<li><strong>Is there any situation in which a deliberative process should be protected? Should private creative brainstorming play any role in the policy-making process?</strong> In the legislative and executive branches at least creative brainstorming should be part of the process but it need not be private.</li>
<li><strong>Should the governor &#038; legislature be allowed to discuss policy issues with staff in private before they take a public policy position? After a bill is passed or policy is made public, does this protection remain or open up retroactively?</strong> Yes, they should be allowed to have private discussions with staff before taking a public position but those discussions should be made available to public scrutiny once the position has been taken.</li>
<li><strong>Should elected officials’ discussions with their staff be presumed to be protected or presumed to be open? Under what conditions should elected officials’ communications with staff be presumed to be private?</strong> They might have a temporary protected status while choosing a public position. The only time they should be presumed private is when those communications are related to the staffing itself rather than any government function (in other words communications about people joining or leaving the staff may be presumed to be private).</li>
<li><strong>Is there a time-frame equation that could be useful in making information public? I.e. records presumed protected for a certain amount of time, then presumed public.</strong> it would be perfectly reasonable for a record to be presumed protected for the length of time it takes to review the record and correct any obvious mistakes.</li>
<li><strong>Should any person or organization be given a special exemption from fees associated with a GRAMA request?</strong> No.</li>
<li><strong>If the request requires the review or search of a large number of records, extensive redacting or other work, legal review, or technical expertise, who should be required to cover the cost of the request?</strong> The requestor.</li>
<li><strong>Should we revise the current GRAMA policy of not charging for the first 15 minutes spent to fulfill a request?</strong> Not unless there is some agreement on a longer period for free initial effort.</li>
<li><strong>Should the wise use of taxpayers’ funds be part of the assessment equation when assessing fees? In other words, should governments have the ability to waive fees if it is in the public’s best interest?</strong> Yes.</li>
<li><strong>Should the audit records of the State Auditor and Legislative Auditor General be protected if their disclosure would interfere with an audit, investigation, or internal procedures?</strong> Yes.</li>
<li><strong>Should attorneys representing a taxpayer-funded government entity have the same protections as attorneys representing private entities when creating documents or having communication about reasonably anticipated litigation?</strong> Probably.</li>
<li><strong>Should records relating to fiscal notes on legislation be protected until the legislation has passed or the session has ended?</strong> How about protected until the legislation reaches the floor for debate or the session ends &#8211; whichever comes first.</li>
<li><strong>What role does private communication among elected officials, constituents, and interested parties play in formulating good policy? What effect would classifying a record public or private records have on the legislative process?</strong> Private communication has no advantages in forming good policy, only in forming bad policy. When records are classified as public it serves as a deterrent to foot in mouth disease.</li>
<li><strong>What role should our legislature’s part time status play in the classification of information?</strong> Their part time status means that whatever they do in their employment outside the legislature should receive the same protections as any other employee unless it has some connection to government function or policy.</li>
<li><strong>Looking forward, how can we automate the legislative process of archiving records and properly making them available?</strong> That is a technical question and a technical answer is outside the scope of what I would try to address here even if I were qualified to do so.</li>
<li><strong>How does the decentralized and geographically dispersed structure of the legislative branch affect record production and storage of records?</strong> It has little bearing in our digital age.</li>
<li><strong>Is there a defining line or equation we could use to discern between the private life and public life of a elected official? Is there a same or similar line that would also work for a governor, citizen, activist, lobbyist, media representative or a government employee?</strong> The simple line is that before they declare their intent to run is their private life and after they are no longer a candidate or officeholder is also private life. Everything else is public life. For all others their life is public to the degree that they affect or seek to affect public policy.</li>
<li><strong>Is there a role for confidential discussions in the deliberative process in the different branches of the government?</strong> I don&#8217;t see how this question differs from questions 16, 17, &#038; 18.</li>
<li><strong>Given recent advances in technology we have experienced an exponential increase in the volume of potential records available, and a concurrent increase in demand for those records. Given the reality of limited government resources, how should this workload be managed?</strong> Along with the volume and demand for records brought on by technology we also have an increase in the capacity of technology to help manage the records and consequently the workload. Is there actually a greater demand on resources or has technology already compensated for the theoretical extra burden of extra records and extra demand? If there is more burden on government resources the demand will be managed if the cost of record retrieval is paid by the requestor.</li>
<li><strong>What technological advances do you foresee over the next 10 years that will effect how we might archive and access public records?</strong> The ability to archive and access records will probably improve at least as fast as the number and type of records increases but I can&#8217;t guess what changes the next 10 years will bring. Perhaps the legislature should be required to periodically review GRAMA and determine if changes have become warranted.</li>
<li><strong>What further policy questions should we consider as we bring GRAMA into the next century?</strong> No further questions your honor.</li>
</ol>
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		<title>The Straw Man of Teacher Pay</title>
		<link>http://www.davidjmiller.org/2011/the-straw-man-of-teacher-pay/</link>
		<comments>http://www.davidjmiller.org/2011/the-straw-man-of-teacher-pay/#comments</comments>
		<pubDate>Tue, 01 Mar 2011 20:08:46 +0000</pubDate>
		<dc:creator>David</dc:creator>
				<category><![CDATA[Education]]></category>
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		<guid isPermaLink="false">http://www.davidjmiller.org/?p=2619</guid>
		<description><![CDATA[photo credit: 2create I saw a post on Facebook, and later an email, with a title about how overpaid teachers are. The post went on to show mathematically that teachers are not overpaid by any reasonable measurement. Teachers and their &#8230; <a href="http://www.davidjmiller.org/2011/the-straw-man-of-teacher-pay/">Continue reading <span class="meta-nav">&#8594;</span></a><div class="tantan-getcomments"><a href="http://www.davidjmiller.org/2011/the-straw-man-of-teacher-pay/#comments">(6 comments)</a></div>]]></description>
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<p>I saw a post on Facebook, and later an email, with a title about how  overpaid teachers are. The post went on to show mathematically that  teachers are not overpaid by any reasonable measurement. Teachers and  their unions would certainly appreciate the logic in their favor but the  real value that I found in the post was not simply the numbers  presented but the example that the post provides of using numbers to  keep the debate uninformed. While it showed very convincingly that  teachers are not overpaid (either literally or in relation to the  service they provide) it masked the complexity of the issue by ignoring  the crucial questions of how much we spend on education (it&#8217;s much more  than teacher pay), whether we can afford the cost (whether or not the  cost is a bargain), and what other alternatives we could explore to  address the real issue (which is how we make sure that our children have  a decent education available to them).</p>
<p>First let me list a few numbers (and their sources) that I would  like to use in illustrating what was unsaid in the other post. I would  like to thank <a href="http://www.utahbecky.com/" target="_blank">Becky Edwards</a> for helping me obtain the current numbers for the state of Utah that I am using. (Becky is currently the <a href="http://www.utah.gov/house/detail.html?i=EDWARRP" target="_blank">Representative for House District 20</a> in Utah and a member of the House Education Committee.)</p>
<ul>
<li>The post compared teaching to babysitting and,  using that assumption, concluded that parents should be perfectly happy  to pay $20 per day for 6.5 hours of babysitting for each of their school  aged children. Using that $20/day figure they calculated that teachers  would be making over $100K per year. I don&#8217;t expect to use that $100K  figure but wanted to include it here to briefly illustrate the  conclusion of the original post.</li>
<li>The post also claimed that the average teacher  salary was only $50K per year. I will be using that number because it  seems reasonable and convenient but would like to state that I have made  no attempt to independently verify its accuracy or its source.</li>
<li>The state of Utah currently spends $3.34 Billion on elementary education per year.</li>
<li>The  state of Utah currently employs 32,473 elementary school teachers. (As  far as I can tell that does not count administrators and other staff.)</li>
</ul>
<p><span id="more-2619"></span></p>
<p>It is easy to see that teachers salaries are only a  part of what we spend on education. Multiply 32,473 by $50K and we get  $1.62 Billion or 48.6% of our education budget. The other 51.4% goes to  other education costs. Note that none of this education budget even  includes the various book fairs, walk-a-thons, and other fundraisers  that schools are perpetually engaging in. If the issue were simply a  matter of teachers salaries we could easily pay them more. The fact is  that less than half of our education cost is teacher salaries. Whoever  originally wrote the document was probably thinking of all the fuss in  Wisconsin where the Governor and the Republican members of their  legislature are pushing legislation that would take away the collective  bargaining rights of teachers for things other than salary &#8211; that should  give us a clue that the real problem is not teachers with exorbitant  salaries but rather unsustainable long-term benefits such as pension and  health care costs.</p>
<p>I recently read <a href="http://www.nationalaffairs.com/publications/page/dodging-the-pension-disaster-preview" target="_blank">an article</a> about how dire the fiscal situations of state and local governments are in this regard (of course that is more than teacher salaries or even education) and the obstacles that stand in the way of fixing the structural problems that prevent something as simple as a salary cut or a tax increase from  solving the issue:</p>
<blockquote><p>.  . . in most places, state legislators are overmatched by savvy  public-employees’ unions and by pension-fund managers wedded to the  status quo. Their influence explains why, though 18 states enacted some  sort of pension reform in 2010, very few will offer real, long-term  relief to taxpayers.</p></blockquote>
<p>I feel very fortunate that my own State Senator, <a href="http://www.danliljenquist.com/" target="_blank">Dan Liljenquist</a>,  had the position and expertise to make sure that Utah is one place  where we have enacted reforms that effectively address those structural  imbalances. (To learn more about Dan and his efforts to make sure that  Utah has a sustainable fiscal future read the article or visit his  website.)</p>
<p>I also recently talked to a friend of mine who is a Democrat and a  public school employee. I thought it was very telling to hear him bring  up the subject of what was happening in Wisconsin and express his hope  that the governor and the Republicans there would be able to win this  fight and break the teachers union. His perspective was that unions only  effectively protect the incompetent educators. He contends that the  educators who are good at what they do are hampered by the fact that  unions make it nearly impossible to fire ineffective educators or to pay  effective educators based on their merit. While he believes, as I do,  that there was a time when unions were a necessary tool to ensure that  owners of various industries did not exploit their workers the fact is  that the unions of today are more often the bullies. The contracts that  teachers unions negotiate burden taxpayers with costly benefit packages  while taking their dues out of the anything-but-excessive salaries of  teachers and then they cry foul when taxpayers suggest that they should  not pay part of teachers&#8217; salaries when those teachers are spending  their time on union activities rather than classroom activities.</p>
<p>The conversation with my friend illustrated the wide variety of  alternatives that need to be considered in order to address the  education issue. Simply throwing more money at the issue will not solve  it. We need to look at ideas like merit pay, year-round school, reduced  class sizes, increased parental involvement, etc. Some of those ideas  seem promising to me, others seem neutral or even counterproductive. One  idea I have not heard suggested anywhere that sounds very promising to  me is grade clustering. Having a teacher teach, for example, three  grades would allow for much more continuity in the education of each  student. If the teacher still had a class size of thirty they would only  have ten new students in one year that they would have to get to know  and they would have more flexibility to have students work with older or  younger peers based on their shared personal ability-levels. This would  also allow parents to work with a single teacher for an extended period  of time so that they could collaborate more effectively rather than  working with a virtual stranger for the entire school experience of at  least their first child. To buy into this we would have to accept the  fact that teachers are not interchangeable automatons where there is  little overhead involved in switching teachers every single year  throughout a student&#8217;s academic career.</p>
<p>The $3.34 Billion Utah spends on education represent a substantial part  of the roughly $12 Billion state budget &#8211; a budget that must also go to  pay for so many other services that we collectively expect our  government to provide such as higher education and various types of  public safety and welfare services. Anyone who says that we should  devote more money to education should make sure to offer some examples  of where the state should get more revenue or what state services should  have their budgets reduced to free up the money they want to give to  education. It is also perfectly fair to ask whether there are areas in  the $1.72 Billion in education spending that does not go to teacher  salaries that is wasted. Do we pay administrators too much or employ too  many administrators? Are we using our physical resources effectively?</p>
<p>Regardless of what side of the debate someone is on, it does no good for  anyone to hold up the Teachers&#8217; Salary straw man and proceed to beat  their opponent in effigy.</p>
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		<title>Orrin Hatch&#8217;s Insurmountable Obstacle</title>
		<link>http://www.davidjmiller.org/2011/orrin-hatchs-insurmountable-obstacle/</link>
		<comments>http://www.davidjmiller.org/2011/orrin-hatchs-insurmountable-obstacle/#comments</comments>
		<pubDate>Thu, 17 Feb 2011 19:54:36 +0000</pubDate>
		<dc:creator>David</dc:creator>
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		<guid isPermaLink="false">http://www.davidjmiller.org/?p=2609</guid>
		<description><![CDATA[photo credit: Gage Skidmore Two years into his bid for re-election (yes, he has already been in obvious campaign mode for two years), in a recent tweet Orrin Hatch invited people to let him know if he was on the &#8230; <a href="http://www.davidjmiller.org/2011/orrin-hatchs-insurmountable-obstacle/">Continue reading <span class="meta-nav">&#8594;</span></a><div class="tantan-getcomments"><a href="http://www.davidjmiller.org/2011/orrin-hatchs-insurmountable-obstacle/#comments">(4 comments)</a></div>]]></description>
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photo credit: <a href="http://www.flickr.com/photos/gageskidmore/5449117483/">Gage Skidmore</a></div>
<p>Two years into his bid for re-election (yes, he has already been in obvious campaign mode for two years), in a recent tweet Orrin Hatch invited people to let him know if he was on the right track. My tweet length response was that he could not get on the right track unless he were to publicly admit to the errors in his past voting record. Upon further reflection I have a very non-tweet-length reply as I realized that, at least for me personally, that may not be enough.</p>
<p>Anyone who has been in office for 34 years will have votes in that time which should have been different. Anyone who has been alive for 34 years will have grown and changed within the last 34 years of their life. In other words, I would not expect a pristine record from anyone in Hatch&#8217;s position. I don&#8217;t consider seniority to be an insurmountable obstacle any more than I consider it sufficient reason to grant him another six years. To mitigate such a long tenure, I will only consider Hatch&#8217;s last two terms and pretend that his first 24 years in office were impeccable.</p>
<p><span id="more-2609"></span></p>
<p>The first part of Hatch&#8217;s insurmountable obstacle is based on the consideration of how many of the problems our nation currently faces either originated during his last two terms or have grown substantially in his last two terms. The answer is, virtually all of them. That means that he must be able to account for what he has been able to do to mitigate any of the current issues while he was in office and they were growing. Worse than that, for one of those two terms his party had control of the executive branch and both houses of Congress. He would need to demonstrate how he opposed the choices they made which have contributed to our current predicament. Unfortunately for him, he hasn&#8217;t got a leg to stand on here. In all that time he spent his energy trying to convince anyone who was concerned with the direction of the country that what the federal government was doing was the right thing. Hatch&#8217;s record showed no signs of improvement when Democrats took control of the House in 2006. It has shown some hint of improvement after Obama became president but how are we to trust that his opposition to ill-advised policies of the new president were based on principle rather than on the fact of the president being in the opposing party?</p>
<p>This first part of his problem would be somewhat mitigated if Hatch were to do as I suggested in my tweeted response and publicly admit to the glaring mistakes in his voting record and say unequivocally that given the opportunity he would vote differently if he could do it over again. The best I would expect to see from candidate Hatch would be for him to duck and cover like Bennett did by claiming that they did the best they could with the information at hand at the time.</p>
<p>The second part of Hatch&#8217;s insurmountable problem is even more damning to his chances for re-election than the first part. Even if he were to admit to being part of the problem as our nation&#8217;s challenges were increasing over his two most recent terms in office he would then have to convince me (and other voters) that not only had he come to see the light now but that there was some safeguard in place that would give us some assurance that he would not bend to the political winds of the day the next time the Republican party got drastically off course. That&#8217;s a very real concern because I don&#8217;t believe that the party is on course particularly right now. I think they see how the political winds are blowing against much of what they have been doing and are riding the fact that those winds are also blowing against the actions of Democrats who currently wield the bulk of political power. Once the power is back in their hands as a party I see no assurance that the Republicans as a party would not step right back into their &#8220;anyone who disagrees with us is un-American&#8221; mindset of the recent past.</p>
<p>Heading into this 2012 election cycle I have no doubt that Hatch&#8217;s voting record and rhetoric will be even better than it was throughout the 2010 election cycle when he was not up for re-election but could already see the political tides against him. Regardless of how good his voting record is leading up to November 2012 I see very little chance that he could assuage my concerns relating to his lack of reliability in supporting principles of liberty. That leaves the extremely slim possibility of his not being challenged for the Republican nomination as his best hope for re-election in 2012</p>
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		<title>Selective History</title>
		<link>http://www.davidjmiller.org/2009/selective-history/</link>
		<comments>http://www.davidjmiller.org/2009/selective-history/#comments</comments>
		<pubDate>Wed, 11 Nov 2009 23:27:49 +0000</pubDate>
		<dc:creator>David</dc:creator>
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		<guid isPermaLink="false">http://www.davidjmiller.org/?p=2364</guid>
		<description><![CDATA[Perhaps it&#8217;s just me, but if I were Michael Otterson I would find it irksome that the same position I had represented for the church for more than a year was suddenly newsworthy as if something had changed. It looked &#8230; <a href="http://www.davidjmiller.org/2009/selective-history/">Continue reading <span class="meta-nav">&#8594;</span></a><div class="tantan-getcomments"><a href="http://www.davidjmiller.org/2009/selective-history/#comments">(1 comment)</a></div>]]></description>
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			</div><div style="clear:both"></div><div style="padding-bottom:4px;"></div><p>Perhaps it&#8217;s just me, but if I were Michael Otterson I would find it irksome that the same position I had represented for the church for more than a year <a href="http://www.google.com/hostednews/ap/article/ALeqM5giJCBVPLX6vCUGeogYt0B5Wz7UNgD9BTJNCG0">was suddenly newsworthy</a> as if something had changed.</p>
<blockquote><p>It looked like a stunning reversal: the same church that helped defeat gay marriage in California standing with gay-rights activists on an anti-discrimination law in its own backyard.</p>
<p>. . .</p>
<p>The ordinances passed and history was made: It marked the first time the Salt Lake City-based church had supported gay-rights legislation.</p></blockquote>
<p>More than a year ago &#8211; months before the votes started coming in for California&#8217;s Proposition 8 <a href="http://newsroom.lds.org/ldsnewsroom/eng/commentary/california-and-same-sex-marriage">the LDS Church stated its official position</a> that they were supportive of the basic rights of all people, including homosexuals, such as probate rights and housing rights. They stated that they were amenable in theory to the <a href="http://www.equalityutah.org/action/common.html">Common Ground Initiative</a> but could not take a public position on bills that had not yet been drafted.</p>
<p>The position of the church never changed. Some people claim this is a PR move to blunt the backlash over their role in defeating Prop. 8, but the only thing that changed is that unlike the theoretical five bills of the common ground initiative, the Salt Lake City council actually drafted two bills. The church publicly supported the bills &#8211; in keeping with the position they had already taken.</p>
<p>Sadly some people still don&#8217;t get it and are suggesting that the church should take a further step by actually writing bill proposals for the state legislature to consider which would extend these same benefits statewide that were just passed within Salt Lake City. The fact is that the church will do just have they have done up to this point &#8211; they will not write legislation and they will take no position on theoretical bills that have not been written. When bills are written that are acceptable the church will support them. Bills they can&#8217;t quite support will get no comment. In the Utah Legislature they don&#8217;t even have to worry about addressing bills that are worthy of their opposition.</p>
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		<title>Voting Record</title>
		<link>http://www.davidjmiller.org/2009/voting-record/</link>
		<comments>http://www.davidjmiller.org/2009/voting-record/#comments</comments>
		<pubDate>Fri, 13 Feb 2009 18:44:43 +0000</pubDate>
		<dc:creator>David</dc:creator>
				<category><![CDATA[life]]></category>
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		<guid isPermaLink="false">http://www.davidjmiller.org/?p=1863</guid>
		<description><![CDATA[Voting Record will allow recording of votes cast for display and reference purposes. Elected officials can record and display their votes and citizens can track and display the votes of an elected official they follow. Latest Version: 2.0 (March 16, &#8230; <a href="http://www.davidjmiller.org/2009/voting-record/">Continue reading <span class="meta-nav">&#8594;</span></a><div class="tantan-getcomments"><a href="http://www.davidjmiller.org/2009/voting-record/#comments">(14 comments)</a></div>]]></description>
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			</div><div style="clear:both"></div><div style="padding-bottom:4px;"></div><p><a href="http://www.davidjmiller.org/wp-content/uploads/2009/02/voting-record.zip">Voting Record</a> will allow recording of votes cast for display and reference purposes. Elected officials can record and display their votes and citizens can track and display the votes of an elected official they follow.</p>
<blockquote><p>Latest Version: 2.0 (March 16, 2009)</p>
<p>Display templates are introduced here giving you total flexibility in deciding what to display. There is one set of template settings for recent votes and another for search results. Each template is made up of a header, a footer, and an item template. Template tags are used to display the variables specific to each recorded vote such as the vote cast or the vote description. There is also a setting for what to display when no votes are returned in the recent votes and another setting for when no votes are returned in a search.</p></blockquote>
<p>Votes are entered on a dashboard widget:</p>
<p><img class="aligncenter size-full wp-image-1866" title="Vote Record Dashboard Widget" src="http://www.davidjmiller.org/wp-content/uploads/2009/02/vrdw.jpg" alt="Vote Record Dashboard Widget" width="566" height="362" /></p>
<p>A vote management page is available from the posts menu:</p>
<p><img class="size-full wp-image-1867 alignnone" title="Manage Recorded Votes" src="http://www.davidjmiller.org/wp-content/uploads/2009/02/vrpm.jpg" alt="Manage Recorded Votes" width="144" height="163" /></p>
<p>Recent votes are shown by adding &lt;?php recent_votes(); ?&gt; in your theme templates. You can show a search votes form by using the shortcode [ SEARCH-VOTES ] on a page or post. Options for Voting Record include:</p>
<ul>
<li>The option to specify a primary voter (if most or all of the votes being tracked are from one person).</li>
<li>The option to specify header text/code for the recent vote list.</li>
<li>How many recent votes to show &#8211; limited by number of votes or number of days.</li>
<li>What to show before a list of recent votes and what to show before a list of search results.</li>
<li>What to display at the end of a list of recent votes and what to display at the end of a list of search results.</li>
<li>The format for displaying your recent votes or search results lists, including which pieces of information to show.</li>
<li>What to display when no recent votes are returned or when a search comes up empty.</li>
</ul>
<p>To install it simply unzip the file linked above and save it in your plugins directory under wp-content. In the plugin manager activate the plugin. Settings for the plugin may be altered under the Voting Record page of the Options menu (version 2.3) or Settings menu (version 2.5 or later).</p>
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		<title>Starting Something New</title>
		<link>http://www.davidjmiller.org/2008/starting-something-new/</link>
		<comments>http://www.davidjmiller.org/2008/starting-something-new/#comments</comments>
		<pubDate>Wed, 01 Oct 2008 17:36:26 +0000</pubDate>
		<dc:creator>David</dc:creator>
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		<description><![CDATA[At Pursuit of Liberty I have issued an invitation to join with me in forming a new group to encourage wider political participation. The group I will be forming will be open to, even encouraging of, participation by people of &#8230; <a href="http://www.davidjmiller.org/2008/starting-something-new/">Continue reading <span class="meta-nav">&#8594;</span></a><div class="tantan-getcomments"><a href="http://www.davidjmiller.org/2008/starting-something-new/#comments">Leave a Comment</a></div>]]></description>
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			</div><div style="clear:both"></div><div style="padding-bottom:4px;"></div><p><a href="http://www.pursuit-of-liberty.com/make-the-silent-a-minority/">At Pursuit of Liberty</a> I have issued an invitation to join with me in forming a new group to encourage wider political participation.</p>
<blockquote><p>The group I will be forming will be open to, even encouraging of, participation by people of all political perspectives. The only requirement for participation is a commitment to <strong>avoid the playground politics of name calling and guilt by association</strong> . The aim of the group will be to <strong>draw people out of the silent majority</strong> until the silent become the minority by fostering civil dialog between people of differing perspectives. We will not aim to come to a consensus except the consensus that wider participation is better than narrower participation. I would like the group to seek to engage other group members in public discussion of issues so that people who have been silent will have a chance to be exposed to various positions on important issues without the likelyhood of being personally insulted by those who disagree with them. I also would like the group, individually and collectively, to engage in discussing issues with candidates for office and elected officials with an emphasis on local candidates and officials and a balance of local, state, and national issues. (emphasis original)</p></blockquote>
<p>I note it hear in case there is anyone who reads here but not there who would be interested in this effort. If you are, please email me or <a href="http://www.pursuit-of-liberty.com/make-the-silent-a-minority/#respond">comment on the original post</a>.</p>
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		<title>Talk About Tolling</title>
		<link>http://www.davidjmiller.org/2008/talk-about-tolling/</link>
		<comments>http://www.davidjmiller.org/2008/talk-about-tolling/#comments</comments>
		<pubDate>Wed, 03 Sep 2008 20:01:23 +0000</pubDate>
		<dc:creator>David</dc:creator>
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		<description><![CDATA[As another group of local government officials stands up in opposition to tolling the Mountain View Corridor (MVC), I was surprised to read this in the Salt Lake Tribune: While the Utah Department of Transportation has explored user fees as &#8230; <a href="http://www.davidjmiller.org/2008/talk-about-tolling/">Continue reading <span class="meta-nav">&#8594;</span></a><div class="tantan-getcomments"><a href="http://www.davidjmiller.org/2008/talk-about-tolling/#comments">(2 comments)</a></div>]]></description>
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			</div><div style="clear:both"></div><div style="padding-bottom:4px;"></div><p>As another group of local government officials stands up in <a href="http://www.sltrib.com/news/ci_10367642">opposition to tolling the Mountain View Corridor</a> (MVC), I was surprised to read this in the Salt Lake Tribune:</p>
<blockquote><p>While the Utah Department of Transportation has explored user fees as a funding option &#8211; one that could cost some west-siders up to $200 a month &#8211; state Transportation Commission Chairman Stuart Adams said his panel hasn&#8217;t seriously considered it.</p>
<p>&#8220;I don&#8217;t think anyone wants to take a tool out of the toolbox and throw it away,&#8221; Adams said, &#8220;but it isn&#8217;t a tool that has been talked about.&#8221;</p></blockquote>
<p>I could not believe that the Transportation Commission has not discussed tolling yet. The Utah Department of Transportation (UDOT) has and there are rumors that <a href="http://www.landlinemag.com/todays_news/Daily/2008/Aug08/082508/082708-06.htm">congestion pricing will be recommended for freeways nationally</a>.</p>
<p>It&#8217;s about time that the Transportation Commission started talking about this tool &#8211; and <a href="http://www.davidjmiller.org/2008/toll-roads-and-mvc/">they should apply it across the board</a>. Ideally, I-15 and the MVC should each include congestion pricing along-side a free lane or two (meaning always free rather than only free when traffic is low).</p>
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