Archive for July, 2011

Your editor, Lady Liberty here, listening to YOU! This weekend we’ve had several requests to post the piece that Public Citizen president Robert Weissman sent out via email. If you aren’t on our email list by the way, below is a taste of some of the great content you may be missing out on! Click to sign up for our email listserv.

Washington is in the grip of a fever. It’s "Robert Weissman, Public Citizen president"hard to find a word other than lunacy to describe what’s going on.

We are veering toward potential economic catastrophe.

And Congress is hung up on a debate that shouldn’t be occurring. It is debating an imaginary problem that conjures scary future scenarios but ignores dire existing circumstances. The consensus proffered solution to the imaginary problem would damage our country and further weaken our economy.

Democrats and Republicans are at loggerheads, but they are disagreeing primarily about how much harm they want to impose. That’s a very consequential disagreement, but it ignores the fact that we don’t need to impose any harm at all.

Let’s correct some of the upside-down components of the current debate.

1. There should not be a debate over increasing the nation’s debt ceiling.

Prior approval of increases — more than 100 — have been routine, and this time should be no different. Raising the debt ceiling merely authorizes the U.S. government to make good on spending previously authorized by Congress.

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"Public Citizen Money and Democracy Update"Stunning Statistics of the Week:

  • $350,000: The amount of money raised by Democratic bundler and lobbyist Anthony Podesta in the first six months of the year
  • $320,000: The amount raised for Democratic candidates by Podesta’s wife, Heather, in the same time period
  • $167,800: The amount raised by Patrick Durkin, the next-highest lobbyist bundler of the year, for former Massachusetts Gov. Mitt Romney’s campaign
  • $144,100: The amount raised by Republican bundler T. Martin Fiorentino Jr.
  • $130,000: The amount raised so far this year by Michael Graham for the National Republican Senatorial Committee

More support for Obama’s proposed executive order
More than 60 House Democrats sent a letter this week to President Barack Obama, asking him to issue an executive order that would make companies vying for government contracts disclose their political contributions. “Political expenditures are already well-known to those that make them and to the officials who benefit,” the letter said. “With disclosure, the public will have access to this information as well, allowing them to judge whether contracts were awarded based on merit.” The executive order would help to mitigate the effects of the U.S. Supreme Court’s decision last year in Citizens United v. Federal Election Commission, which gave corporations the go-ahead to spend unlimited amounts of money to influence elections.

Not everyone wants disclosure…
The U.S. Chamber of Commerce sent warnings to members of Congress letting them know that voting to shine light on government contractors’ campaign contributions will negatively affect their legislative scorecards. The Chamber, along with many House Republicans, says it believes the executive order is a way to silence political opponents.

Disclosure also feared in state elections
A conservative legal group this week asked a federal court to overturn portions of Florida’s campaign finance laws, wiping out key disclosure requirements. The Institute for Justice – financed in part by the politically active billionaires, the Koch Brothers – is representing three Sarasota-area activists who want the court to block state campaign finance laws from being applied to citizen activists looking to run ads on ballot issues.

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Guest blogger post by Jeremy Greenberg, Public Citizen civil justice intern

When Captain Matthew Wolf of the US Army Reserves was called up for active military service from his New Jersey home, he decided to exercise a benefit Congress created for military men and women under the Servicemembers Civil Relief Act (SCRA).

The SCRA creates procedures that protect soldiers from certain civilian responsibilities so that they may devote their entire energy to their military service. Congress did not want soldiers to be distracted by their civilian obligations. One of the many provisions of SCRA allows service members to terminate car leases and receive a refund for all advance payments made.

However, when Wolf returned his 2007 Nissan Infinity G35 Sedan, the dealer refused to return his payments. He then decided to seek justice for himself and for all other service members similarly situated. He brought a class action lawsuit against Nissan for violating the SCRA.

Unfortunately, Wolf’s lease agreement included an arbitration clause which contained a ban on class actions. Meaning that instead of going to court, Wolf would be forced into a secretive arbitration proceeding controlled by the dealer. In addition, he could not act on behalf of other service members whose rights were also potentially violated because the contract banned class actions.

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One unusually hot debate simmering during the implementation of the Dodd-Frank Wall Street Reform Act deals with a little provision calling on public companies to publish  the CEO’s pay as a multiple of th"Bart Naylor" "Financial policy"e median-paid employee of the firm.  (For detail mavens, it’s Section 953b.)

Industry claims it’s too difficult to measure (which should alarm shareholders who assumed their companies held some grip on payroll figures), or that there’s no interest in the number (which the hot debate itself contradicts).

Comes now a compelling report by the AFL-CIO Office of Investment with persuasive evidence of the valuable promise of this diminutive addition to shareholder reports:  “Why CEO-to-Worker Pay Ratios Matter for Investors.”

The report demonstrates that the number serves a purpose more than rubbernecking the gore of compensation pile-up.

First, the report notes that excessive CEO pay can’t be dismissed as a minor expense. Top executives at large public companies now keep for themselves an average of 10% of their companies’ net profits; approximately double the rate in the early 1990s, according to the AFL-CIO report.

Second, excessive compensation signals mediocrity. Jim Collins of the Stanford Graduate School of Business found that of the companies that generated cumulative stock returns that exceeded the market by at least three times, not one had a high-paid, celebrity CEO. Such celebrity CEOs turn a company into “one genius with 1,000 helpers,” taking focus away from the motivation and creativity needed from all of a company’s employees, Collins concluded.

Likewise, companies with excessive pay make for a bad investment. In 1998, Fortune Magazine began to publish an annual ranking of the “100 Best Companies to Work for in America.” This list was based on extensive surveys that asked employees about the fairness of their companies’ compensation policies, their attitudes towards management, whether they felt respected at work, and their overall job satisfaction. Starting in 1998, $100,000 invested in a weighted index of the “Best Companies to Work for in America” would have grown to about $240,000 as of 2009, compared with only $150,000 in value for the same money invested in the stock market as a whole.

Finally, let us remember that the idea for this ratio came from the business sector. In 1997, James Cotton, then a law professor at Texas Southern University who previously spent 25 years in IBM’s Corporate Law Department, called for publication of this ratio. He argued it would bring context and a degree of reasonableness to executive pay packages. Now, the Council of Institutional Investors, which is a trade association of the largest investment institutions in the United States,  recommends that corporate compensation committees consider the “the relationship of executive pay to the pay of other employees” as factors in developing their executive pay philosophy.

As Washington weighs the merits of this ratio, let’s continue to listen to this sage counsel, and ignore the obviously self-serving, predictable complaints of the overpaid CEOs.

Bartlett Naylor is Public Citizen’s financial policy analyst

LL: Be sure to read Public Citizen’s latest financial report, “Just Not Us“  and other “Two Cents” series report, “Industry’s Opposition to a Modest Pay Disclosure Rule,” which exposes the financial industry lobbying attempts to derail the aforementioned provision of the Dodd-Frank Wall Street Reform Act.

Flickr by 350.org

By Scott McDonald, Public Citizen energy program summer intern. Cross posted from Public Citizen’s energy blog www.energyvox.org.

The Catskill Mountains and the Hudson Valley face the possibility of serious environmental degradation and water pollution if the hydraulic fracturing moratorium is lifted in New York State.  For many who grew up in this area or who currently call it home, this is an appalling and unacceptable possibility.  Many people would go to great lengths to protect this pristine piece of land – but exactly how far would you go?

What if you could halt the sale of public lands in the Catskills – land used for hiking, camping, fishing and so much more – to oil and gas companies that plan to build roads and bring in enormous amounts of equipment and trucks to develop the land for drilling?

What if the sale were being rushed through on behalf of the oil and gas industry in an illegal way?

What if you could save 22,000 acres of the land you love?

What if doing so were illegal, and carried a potential sentence of 10 years in prison and a maximum of $750,000 in fines?

It is likely that when considering this hypothetical situation you answered “yes” to each question, until the last one.  Your righteous and daring mood probably gave way, as you thought there could be a better way to approach the situation, or that at least you still have a decent job in a tough economy, or that you do not want to risk losing your freedom and being away from your family or kids.

These are all valid considerations.

What if someone else was willing to do this on behalf of the community? Would you defend his actions, or would silently let him be made an example of by overzealous prosecution by the government?

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