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How Not to Testify Before the Legislature

Article by Erik Smith. Published on Thursday, April 18, 2011 EST.

Union Rep Has Odd Idea About Persuasion – Upbraided by Ways and Means Chairman, and Audience Bursts Into Applause

 


Uh-oh, did I say that? Union rep Seamus Walsh gets a talking-to from Senate Ways and Means Chairman Ed Murray.

By Erik Smith

Staff writer/ Washington State Wire

 

OLYMPIA, April 14.—Here’s one of those subtle rules of conduct you might want to keep in mind if you ever testify before the Legislature.

            If you’re asking people for money, it’s probably best not to call them a bunch of gutless fools who lack common sense.

            This technique just doesn’t work very well. Just ask Seamus Walsh, a representative of the Washington Public Employees Association. Apparently he didn’t know it when he sat down before the Senate Ways and Means Committee Wednesday night, but he may have figured it out by the time he slithered out of his chair and slunk out of the room, rather smaller than when he started.

            A tongue-lashing from Ways and Means Chairman Ed Murray had something to do with that. Also the fact that when Murray got through with him, the entire audience burst into applause.

           

            The Set-Up

 

            There are a few things you have to know for this story to make sense. This was one of those hearings that everyone in the Capitol calls a “trail of tears.” The Senate budget panel was holding a marathon hearing on its new spending proposal, meaning that every constituent group that gets a dime from the state was there to lament the deep cuts they will receive this year. And if the hearing was painful for them, you also have to think it wasn’t easy for all those folks on the dais who had to listen. This hearing lasted more than five hours.

            You also need to know a little about Murray. He’s one of the politest guys around, but he’s definitely not someone you would call gutless. Before he was elected to the state House in the ’90s, Murray made his name around the Capitol as a crusader for gay rights. It may not be such a controversial issue now, but back in the day he faced down plenty of angry lawmakers himself. There was one thing about him. Murray always remembered his manners.

            It might also help to know that Murray represents the most liberal district in the state, on Seattle’s Capitol Hill. He not only supported last year’s package of tax hikes, he helped write the thing, and he spoke out against the voter initiatives last November that shot many of them down. In fact, the night before the hearing took place, Murray told reporters that he’d like to run some sort of referendum to at least partially repeal Initiative 1053, the measure that makes it virtually impossible to raise taxes or end business tax exemptions.

            Most people in the room probably knew this. It was on TV. But Walsh must have been watching a different channel.

 

            Gutless Lawmakers

 

            Walsh was there to denounce a plan to furlough employees at the state Department of Revenue. He started pretty much the same way as everyone else, but then he started building:

            “These are people who are working tirelessly every day to generate funding for programs like health care for folks who need it,” he said. “Every day they go to work, they generate new revenue, and every day they don’t go to work they are not generating revenue. An average tax agent or auditor generates about $400,000 or more a year, which is $1,600 a day. So if you furlough an auditor, you save maybe $200 to $250 a day, but you’re also losing $1,600.

            “Everyone who comes up here today is asking you to fund their program, the program that helps them survive, helps them lead their lives, and last week you had thousands of people knocking on your doors asking you to generate new revenue.

            “If you don’t have the political will or the guts to put a revenue referendum on the ballot, please have the common sense not to lay off the people who are currently generating the revenue that we currently make.”

 

            You Want to Talk About Guts?

 

            There were a couple other people on the same panel, and they spoke after Walsh did, and Murray must have been doing a slow burn. But it gave him a few minutes to think. And when they were done, and before they got up to go back to their seats, Murray decided he wasn’t going to take that one lying down.

            “Let me make a comment,” he said. “Seamus, last year, the Legislature had both the guts and the will to put taxes on the ballot, including closing a tax loophole on things like chili, and only five legislative districts in the state supported us. All five were in the city of Seattle. So as somebody who strongly supports closing tax loopholes and tax exemptions, and who actually had a bigger package last year – if you were involved in that, you know that I had a bigger package – I guess the ‘will and the guts’ bit is a bit much.

            “We need a strategy where we can win, and I’m sorry, I’m speaking as a Democrat right now. And you know, I started working a bill in my 20s when I was an activist and I didn’t see that bill pass until I was 50 when I was a legislator, and we didn’t finally win, even when the voters turned us down, when we put it on the ballot – we didn’t win by threatening people and saying they didn’t have will and guts, particularly people who had that will and guts. Some of those lost their elections who took that vote.

           

            Not a Winning Strategy

 

            “So I think we need to find a way to move forward and not point fingers at people who actually tried to do the right thing. This Legislature is not the reason the economy crashed. This Legislature is not the reason there is a $5 billion deficit – actually a $15 billion deficit over the years of the Great Recession.

            “And I don’t think we do ourselves any favors when we impugn people and suggest that we are not willing to act when we act. And I don’t think it’s a winning strategy, as a Democrat who represents the most liberal district in the state – I don’t think it’s a winning strategy for my constituents to get what they need, to impugn the people who were there for us.”

 

            Open Mouth, Insert Foot

 

            Walsh started to say something. “And I’m sorry I – I – I agree that – “

            Whatever he meant to say was drowned out by the cheers and applause from the audience.

            When it finally died down, Murray said, “I love ya, but I’m sorry.”

            And then Walsh stumbled around for a couple of minutes, finally building into yet another speech about how frustrating this year’s budget situation is, and how delighted he would be to work on an initiative to raise taxes. “I look forward to working with the members of this committee to get that passed,” he said.

            But you have to think a simple, “I’m sorry sir, I didn’t know what in the dickens I was talking about” might have been sufficient.


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