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BY Jessica L. Beyer Earl, Maher, and Pan's recent article (2022), "The Digital Repression of Social Movements, Protest, and Activism: a synthetic review," captures digital repression across states and presents invaluable conceptualizations of difficult concepts and clear typologies. The article … Continue reading →
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By Seda Yucekurt. Why was the 1918 Influenza pandemic largely "forgotten"? The conceptualization of the pandemic as a catastrophic event is multifaceted, involving socio-historical and cultural dimensions. The potential answer lies in the observation, that it coincided with the final stages of the First World War, allowing for socio-historical interpretations based on this contextualization. Apart from the overshadowing effect of the First World War, as several resources indicate, the experiences of the 1918 pandemic may have faded from collective memory due to inadequate documentation and reporting. Does this oblivion or silence prevail in Turkish literature?
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By David Malitz. Following its first public conceptualization in 2007, the "Indo-Pacific" has been adopted as the geopolitical framework for strategic policies by numerous governments. This global adoption of the "Indo-Pacific", with differing geographic definitions, has led to the emergence of a sizable literature on the region and the different strategies, visions, and outlooks formulated for it. In this literature, it is customary to refer to the German scholar Karl Haushofer (1869–1946) as first geopolitical thinker to use the term "Indo-Pacific" in the 1920s and therefore to claim or imply an influence of Haushofer's thought on 21st century policy.
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In April, most Bossier City residents will be solicited to slap upon themselves again a large amount of property taxes, and to a smaller degree parish residents outside of municipalities face the same. As a result, chances are good that at least some portion of current taxes will be rejected.
All of Bossier City, Bossier Parish, and the majority part of both encapsulated in the Cypress Black Bayou Recreation and Water Conservation District have cued up property tax renewals on the Apr. 27 ballot. The State Bond Commission last week approved for the date a pair of city levies for 8.32 and 2.71 mils for public safety, the parish levy 7.43 mils for the library system, and the district levy of 1.54 for general operations and capital outlay.
The four are for ten years, although the district's starts in 2025 while the other two wouldn't renew until 2026. If all were approved, city property owners with a $225,000 primary residential property within the district boundaries would reestablish onto themselves $350.88 annually in property taxes; those not in the boundaries would add back $327.78; and outside a municipality in the district would sign on again to $134.55, and those only in the parish would re-up to $111.45. (Parish Administrator Butch Ford's shack, which permits him to evade legal prohibition against his employment, is valued so low, below the homestead exemption, that his taxes paid won't change regardless of the outcome of the parish and district votes.)
Citizens within and among these various jurisdictions have reason for skepticism in renewing these taxes. In the case of Bossier City, it would be general profligate spending, in part on luxuries that serve few citizens such as maintaining tennis courts for a private sector operator that hardly any city residents use; high-dollar recreation facilities residents are discouraged, if not prohibited, from using; and huge capital outlay projects that have low overall value such as the duplicative Walter O. Bigby Carriageway.
This has put the city into a debt bind. At the end of 2022, it had $434.5 million in debt, with this declining slowly over the past couple of years. With an estimated mid-2022 population of 62,971, that left it at $6,900 per capita, or in terms of government activities (excluding enterprise activities, in this instance the city-run water and sewerage system) $3,400 per capita. These are the highest levels of any major city in Louisiana, which in part explains why the two major investment services rank the quality of its debt as only in the third-highest and fourth-highest categories (high quality with low credit risk, but with some susceptibility to long-term risks).
Having frittered away dollars on nonessential, if not questionable, items has had consequences such as government activities long-term debt interest of about $9 million paid out (its business activities also cost another $5 million in interest) in 2022 that just a portion of which if freed could back things like firefighter pensions or pay raises for city employees, particularly in public safety. Ironically, adequate funding of public safety is the issue that probably won't lead to a citizens' revolt at the ballot box on city millages because those address public safety, as city fathers decades ago clearly must have envisioned since they cleverly tied these levies explicitly to the most important function local government can have.
That fact will discourage citizens from voting down the items in order to teach a lesson to the likes of City Council graybeards Republicans David Montgomery and Jeff Free, Democrat Bubba Williams, and no party Jeff Darby who oversaw the fiscal mismanagement over recent decades. After all, even as graybeard actions have precluded better pay for public safety, removing the millages would mean no pay and no job for many first responders.
A bit more vulnerable is the parish levy, not only because library operations aren't nearly as central to parish citizens' lives – likely the majority of them, aside from early voting, never have set foot in or connected to the Internet sites of Bossier Parish Libraries – but also as the parish's Police Jury has engaged in a series of legally questionable, if not outright illegal, acts in regards to the library. In particular:
It has had jurors serve on the Library Board of Control since 2016. State law is somewhat ambiguous about the legality of this practice – in fact, Bossier is the only parish for which information is readily available on the web that does this – but an attorney general's opinion on that question soon will be released.At one point, it appointed Ford as head of libraries on an interim basis for several months, which unambiguously broke the law as he did not under state statute have the proper qualifications.Most recently, it appointed all 12 jurors to the Board. Even as it appears they will meet in a kind of rotation fashion, that violates state statute that limits membership to as many as seven parish residents.And, even as some jurors allege they needed to take over the Board because of problems they refuse to specify were endemic to the library system that only they could solve – which rings entirely hollow since jurors were board members for many years before making the board an all-juror affair – if one of those problems was unsupervised availability of graphic materials to children, the problem continues.
These kinds of shenanigans might induce the electorate to pull the plug on library funding, which would still leave around 100 mils of taxation for the parish that could be reallocated for library purposes if so desired. Still, the magnitude of the money that would disappear, as well as arguments that the library does serve school children and others, likely will save the day for this renewal.
None of that applies to the district levy. Few parish residents use the park (and have to pay to get in) yet most get taxed for it, and many of the few hundred property owners to which it is highly relevant since it foists land use controls upon them who pay hundreds or even thousands of dollars a year to it depending upon the activities in which they engage are nonplussed at it. The latter especially have had to endure years of evasive and opaque management accentuated by a series of questionable decisions by its Board of Commissioners and its recently-departed member and (illegally employed) executive director Robert Berry, from favoritism to elected officials who appoint them to resisting accountability to wasting tens of thousands of dollars in fruitless legal expenses and more on grandiose, unrealistic plans (which the renewal still advocates, as it in part would be dedicated to operating a zoo the conceptualization and intentions of which have been thoroughly botched).
That and the size of the millage and the election date conspire to put this renewal in real jeopardy. Already asked to approve about 20 mils, voters might think they can afford to drop 7.5 percent of it that they would see the 1.54 mils as not being missed, even as that comprises over half of park revenues for 2022. And while the election date helps the other levies' chances of renewal, because as very likely these four items will complete the ballot's entirety which will disproportionately attract to the polls the beneficiaries and families and friends of most of the items (i.e., Bossier City public safety employees and Bossier Parish library employees) in favor of these, with close to zero direct beneficiaries of the district more than offset by a number of disgruntled landowners, this hurts the chances of that millage passing (although it could get another shot later in the year if this failed).
Commissioners seem to recognize this and have been trying to engage landowners in a public relations campaign to improve their image. They may need to extend that to the public, who will see their ballots asking for taxes for something most never have heard of, and of those who have many will have heard negative things, that would seem easy for government to do without. Of course, a large PR campaign will cost money of which the district has none, being in the hole $92,650 which would have been nearly three times as much at the end of 2022 if not for an unspecified one-time insurance payout that year.
While each of the three entities smartly asked for renewing at the current millages being paid rather that at the higher amounts that the measures originally authorized, that may not save the District's request from tax-fatigued voters. Rejection of that would send a signal to the District at present as well as to Bossier City and the Parish for the future that voters will take only so much misrule before they start casting retribution.
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A new revelation from Bossier City's contracted city engineer relating to a state grant and a water deal between the city and Port of Caddo-Bossier may explain why a City Council majority passed the deal despite numerous red flags at least one of its members seemed to miss, as part of campaign pursued by the Port, contractor Manchac Consulting Group, and the Republican Mayor Tommy Chandler Administration.
It's frustrating to me, and perhaps repetitive if not boring to readers, to have to go through this again, because the facts outlined below have been discussed time and time and time and time and time again, and well in advance of the Apr. 4 meeting that approved the deal. But it all necessarily deserves another look as a consequence of statements made at the last, Apr. 18, Council meeting shedding light on the possibility that a strategy of ambiguity engaged in by several parties with a vested interest in seeing the deal go through sought to steer, and seemingly successfully did, skeptical councilors away from a true and full understanding of the deal's implications.
By now, details of the water deal are familiar: the Port would issue bonds to pay for a water facility for distribution and treatment that Bossier City would run, which would commit itself to a long-term liability equal to the total cost of the bond issue for the right to run it and keep all revenues past costs once that amount had been reached. While the deal would last 40 years, the obligation to rebate (legally necessary because of city ordinances that don't let the city treat customers in the same water/sewerage class differentially in rates charged) would begin only if and when the city drew a single drop of water from the plant, which could be years into it.
The financial information attached to it made its acceptance on the city's part at best a risky gamble. The Port's executive director Eric England quoted figures that suggested the entire cost of the deal (two separate bond issues, one of 20 and the other of 30 years' duration) would come in around $62 million. Further, given the city's recent history of an 11 percent margin on utility sales and those revenues generated, to reach the point where enough could be made to keep all revenues would require that the Port's tenants boost sales by 92 percent or, given typical city daily production, 11 million gallons of water a day from day one of the deal's kicking off (and would be higher the longer it takes for the deal to begin) – a dubious scenario (alternatively, the new business could be as little as 5.5 MGD, the level at which the city could meets its obligation but not keep any revenues, as the deal states it otherwise keeps half beyond costs up to the amount of bond payments compiled every quarter while rebating the other half, but past that coupon it keeps all).
In other words, unless the city sold to the Port a volume of water so high for so long as to be very unlikely to occur, it would have to hit up utility reserve funds, if not ratepayers, to fulfill its obligation. Yet as has become evident since the Council backed deal, with the full support of the Chandler Administration, at least one councilor, and quite likely others, didn't see it that way. The clearest articulation of that has come from the only councilor in support who has appeared willing to address and has spoken in detail about the deal and his reasons for support, Republican Chris Smith.
In essence, Smith has said he doesn't see the deal as a cumulative payoff to the Port. In his conceptualization of it, once the deal starts the city gathers revenues and issues rebates, but once the Port's bonds are extinguished, the city can leave the deal at any time without full reimbursement. Thus, the perception of risk to ratepayers would diminish substantially.
The problem with this view – let's call it the noncumulative – is it runs very much counter not only to the actual wording of the cooperative endeavor agreement, but also to the public rhetoric of England's. And, as it turns out, was a view that the Chandler Administration didn't discourage councilors from adopting, possibly for a reason revealed at the last City Council meeting, the one after deal approval.
Understanding this requires review of the CEA sections operative to this task. They are worded as follows (emphases added):
SECTION 1.04: Term. The provisions of this Agreement shall remain binding upon the respective parties hereto and their successors in office and shall be in effect for a period of Forty (40) years commencing on the ___ day of ____ , 2023, and ending on the __ day of _____ , 2063.
SECTION 3.02: Receipt of Sewerage. Within the limits and subject to the provisions of Article Ill, Sewer Service of the Code of Ordinances of the City of Bossier City and this Agreement, Bossier City shall accept for treatment such wastewater as may be generated by the Commission and its users. Bossier City will treat all sewerage collected through the sewerage improvements financed with the proceed of the Bonds discussed in Section 1.02 above until such time as the Bonds described in Section 1.02 have been fully repaid, except as otherwise provided in this Agreement.
SECTION 3.05: Invoicing…. Bossier City shall remit to the Commission no later than the fifteenth (15th) day after the closing of each quarter an amount equal to the lessor of: an amount equal to fifty percent (50%) of all collections of revenue by or through the delivery of water and sewer services to the Commission and its users, less documented treatment expenses of Bossier City; and (ii) an amount equal to the pro rata amount of the next ensuing scheduled payment of principal and/or interest (if any interest due) on the Bonds described in Section 1.02 above. In no event shall Bossier City be responsible for remitting such payments described hereinabove, until such a time as water is being delivered and consumed by the Commission and its users.
SECTION 3.05.1: Prepayment. In no event shall the total payments by Bossier City to the Commission exceed the principal and interest payments made or to be made by the Commission on the Bonds described in Section 1.02, unless it is agreed by and between Bossier City and the Commission that early payment or payments should be made on the Bonds. Notwithstanding the foregoing, the total payments by Bossier City to the Commission shall not be less than the principal and interest payments made or to be made by the Commission on the Bonds described in Section 1.02.
SECTION 3.06: Termination of Service. Bossier City may discontinue water service under this Agreement to the Commission or any of its users for failure to pay monthly bills rendered by Bossier City in accordance with Bossier City Ordinances.
Here, four words (those in bold) in 3.05.01 make all the difference. The second sentence of 3.05.01 makes clear that the cumulative view – that once the deal starts the city owes to the Port the entire estimated $62 million, one way or the other by, it would appear, April, 2063 – is the one in effect. And this reflects as well England's rhetoric, who through appearances to the Council – its regular meetings and the first workshop of two – several times proclaimed publicly that the Port would have to be "made whole" in any deal.
Yet by the second workshop, England dropped that phrasing, perhaps because the cumulative liability to the city was pointed out in this space and elsewhere, and who instead began saying that questions about this part of the CEA would have to be referred to the Port's counsel – who, conveniently enough, never made a public appearance to have to take these kinds of questions. Still, not once in public did England ever waver from the assertion that any deal would have to have the Port "made whole" – unmistakably meaning whatever the Port spent on bonds the city would have to cover and that this was the view of the Port on the CEA.
In an appearance on a Bossier Watch narrowcast, Smith tried to discount that ascribed meaning as being reflected in that section, saying it applied only to the possibility of prepayment. This is mistaken in triplicate, beginning with the three words "notwithstanding the foregoing" that negates the interpretation that the rest of the sentence applies only to 3.05.01 while in fact applying to all of Section 3 addressing payments.
It's also mistaken in understanding why 3.05.01 is there. It means that the Port can't force the city to pay more than principal plus interest due in a period unless the city volunteers. And this leads to the fourth important word, which entirely invalidates the noncumulative thesis: "prepayment."
"Prepayment" as a concept can't exist unless a total payment amount already is set in place. If the noncumulative view held, or that the city paid as it went without any further liability, a prepayment clause would be irrelevant, for there would be no final amount on which to calculate what constitutes prepayment, or the excess over the scheduled payment. The very fact that the CEA has such a clause – much like, for example, a mortgage document may have such a clause allowing a borrower to prepay in order to save on interest expenses down the road on the set principal amount – presupposes a fixed liability the payer can't avoid, validating the cumulative view.
The question now becomes how, and most importantly why, Smith and perhaps others were led astray from understanding this. Here, England contributed by alleging that the city could "walk away" from the deal after extinguishment.
However, in only one place in the CEA is deal termination discussed, Section 3.06, where if the Port tenants stop paying, the city stops acting as their utility (even here, it's ambiguous whether the city has pay off the full $62 million in this instance). Nowhere else does the issue of early termination arise.
What England appeared to be referring to as "walk away" is Section 3.02, which states after extinguishment the city can quit treating sewage, and may have led to Smith's and perhaps others' misunderstanding that the deal was noncumulative. But that section doesn't address the overall liability in any way, with it just saying the obligation to treat ends, not the obligation to pay. The second sentence of 3.05.01 – referred to in 3.02 as "except as otherwise provided in this Agreement" – confirms that.
That mistaken inference was reiterated by City Attorney Charles Jacobs, who (after England began refusing to answer questions about financial obligations) parroted the notion that extinguishment meant deal off. Still, nothing in the document allows the city unilaterally to terminate the agreement – which includes paying to the Port an amount of money equivalent to the "principal and interest payments made or to be made by the Commission on the Bonds" – except by Port tenant non-payment.
But why would Jacobs do that or, in a larger sense, not be more diligent in making clearer the actual intent of the CEA insofar as the city's obligations went? It would have been so easy to ask that, for example, the second sentence of 3.05.01 be removed, or that additional language go in that would specify clearly that the city could terminate the deal after extinguishment without owing anything else – and was something that councilors could have directed be done had any realized what was going on and had been of a mind to do that. Yet Jacobs raised no alarms and made no suggestions that would pivot the document from the cumulative to noncumulative view.
The motives of some who backed the deal were quite clear. The ordinance's sponsor, Republican Councilor David Montgomery, since 2008 has made over $600,000 doing business with the Port, on whose governing Commission sits some of his political allies. The city's contractor for utilities Manchac Consulting worked both sides of the street, as months prior to deal approval it had been contracted by the Port to draw up plans for the facility and its ancillaries, and can be expected to play a major role and rake in millions of dollars in commissions in the coming buildout.
The Manchac employee seconded as city engineer, Ben Rauschenbach, throughout the process spoke sympathetically of the deal. As it turns out, that may have been not only because of the prospect that approval would bring Manchac future business, but also because Rauschenbach and Manchac, whether with the initial complicity of Chandler and other administration officials, apparently committed the city to the deal months before Council approval in order to secure a grant from the state.
At the Apr. 18 meeting, in conjunction with an ordinance to appropriate funds, Rauschenbach gave details pertaining to the city having won a long-desired state grant to work on utilities infrastructure in the city's south. It basically means the city can perform the work at one-third cost, ponying up $2.5 million to receive $5 million.
It's not the first time Rauschenbach talked about the project and grant, having brought it up several times over the preceding few months. In the first round the city applied for it but, he said, according to the rubric that scored requests had fallen a few points short. He added that what he thought this time made the difference, even as he noted the project originated for different reasons, was the port deal which he declared "pushed it across the goal line" – "the ability to supply water to the Port was important to getting the five million."
The Water Sector Program grant of which he spoke comes from a $300 million pot from the American Rescue Plan, the large debt-fueled package supposedly responding to the Wuhan coronavirus pandemic. At its monthly meetings, the Water Sector Commission comprised of state legislators makes a decision, which it then passes on to the Legislature's Joint Legislative Committee on the Budget for final approval (memberships overlap).
His comments seemed to suggest recent approval, because the Council only had given the green light to the water deal two weeks earlier. But, in fact, the grant had been submitted back on Aug. 26, 2022, approved by the Commission on Dec. 12, and days later by the JLCB. Indeed, the project scored sixth-highest out of dozens approved. This event even was acknowledged in Ordinance 180 of 2022 passed by the Council on Dec. 20 in that "Manchac Consulting Group has assisted the City in the successful recommendation of the water sector programs $5,000,000 grant award."
How could a deal only approved in Apr., 2023 be part of a grant application approved in Dec., 2022? Only if the city prematurely had inserted the deal as part of that, with the Port's blessing but as yet without the Council's. Keep in mind that at its Oct. 17 meeting the Port had approved its Resolution 19 of 2022 that authorized pursuit of the bonds to build the facility – even mentioning that the money would go to "purchasing the necessary right-of way for constructing and installing a water main, valve, hydrants, and other appurtenances from the southern edge of Bossier City Water System to the Port's campus which will be used to service residential customers along the route, in addition to future industrial tenants of the Port" – six months before city approval ever came.
In other words, the city had to approve the deal in order to make good its promise to the state that the project the state had funded would include the deal. And if that meant the Chandler Administration joining with Manchac and the Port to downplay that the city was making a hard $62 million commitment in order to cultivate the impression that this wasn't so as a strategy to convince skeptical councilors, so be it.
So, who was in on it? Obviously Rauschenbach and Manchac, whose behind-the-scenes maneuvering on this should become a serious talking point when the firm's contract expires next year. That means at some point Chandler and the rest of his administration had to have known and given assent. And as obviously Montgomery, who receives invitations to Port Commission meetings and when the measure first came up, perhaps unaware of what he was letting slip, to the Council delivered an impassioned plea not to delay a matter that "we've been working on for quite some years."
Clearly not were Montgomery's fellow graybeards no party Jeff Darby and Democrat Bubba Williams, who voted against it. Smith's dogged pursuit of workshops to explore the topic suggests he wasn't, nor another councilor who like Smith has a short but clear history of fiscal probity, Republican Brian Hammons, who seemingly unaware that the grant had gone through despite his voting on #180 actually asked Rauschenbach at the last meeting whether the Port deal had contributed to the grant win.
In his Bossier Watch interview, Smith voiced optimism that the decision had been made in an open and deliberative fashion, contrary to the reputation the city has had for its elected officials making backroom deals prior to the election that brought Smith onto the Council. On this deal, that desire seems entirely misplaced. That Smith and perhaps others apparently unwittingly supported a fiscally-suspect done deal isn't so much reflective of a lyric from the rock band The Who, "Meet the new boss/Same as the old boss," but an inability to achieve what the line previous to that counsels: "We don't get fooled again."