Education Author Looks At Education Reform And Teacher Strikes

Diane Ravitch is an author and public education historian turned education activist. Recently, she was in Charleston speaking at the Red For Ed Celebration on the second anniversary of the West Virginia teacher’s strike. She spoke with Eric Douglas about the teacher’s movement and her book, “Slaying Goliath: The Passionate Resistance to Privatization and the Fight to Save America’s Public Schools.” The book details the massive private funding in the educational reform movement that began in the George W. Bush era and the teacher’s movements that have spread across the country in its wake. 

***Editor’s Note: The following has been lightly edited for clarity.

Douglas: Explain what makes you an expert in education and education reform. 

Ravitch: I have a doctorate in the history of education, American education specifically. I began my career by writing the history of the New York City public schools, because that’s where I was living. And since then, I’ve written about a dozen books. In 1991, I went to work as Assistant Secretary of Education for the first President Bush for two years and stayed on a year at a think tank. And then I became very involved in conservative think tanks. I was an advocate for testing and for choice and for all of those things.

Then about 2008 or 2009, I became disillusioned with the things that I had been in support of. And I wrote a book renouncing high stakes testing, renouncing choice, and saying that we needed to support our public schools. It was called “The Death and Life of the Great American School System: How Testing and Choice are Undermining Education.” I have written other books and spoken all over the country about the importance of public education and the importance of making it far better than it is today.

Douglas: In your book, you talk about the difference between reformers and disruptors. Can you explain that?

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Ravitch: The people who now call themselves reformers are actually funded by billionaires. They’re funded by the [Jim, Rob and Alice, children of Sam, founder of the Walmart chain] Walton family, by the [Betsy, US Secretary of Education] DeVos family. I have a whole chapter listing all the billionaires who are funding this so-called reform movement. They’re really not interested in reform. What they’re interested in is privatizing public education so that your local public school will be run by an entrepreneur or corporation or by religious organization and not by the community. And I think this is a disaster. I try to show in the book that none of the things that they have tried have worked. And it’s time for them to start doing some things to actually help children and families and communities rather than putting all of their money into destroying public education.

Douglas: You started out in conservative think tanks and working for a Republican president. You make the point, though, that both parties are to blame. This isn’t a Republican versus Democrat sort of thing. 

Ravitch: President George H.W. Bush supported choice. He didn’t get anywhere with it. He supported testing. He didn’t get anywhere. And then President George W. Bush promoted something called No Child Left Behind, which required every school in America to test every child every year. The reason for it was he said there had been a Texas miracle. And 20 years later, we know there was no Texas miracle but we’re continuing to do what he recommended. 

Then President Obama came along and adopted the George W. Bush plan of No Child Left Behind. And he added something to it called Race to the Top, which was even worse than No Child Left Behind because it was very punitive. 

I spent seven years on the national testing board and I became a very strong critic of standardized testing. I don’t think it’s helping our children. I think that the more we test, the less kids learn, because there’s less time given to instruction. So we have a problem that we have both parties aligned with a very destructive agenda and both Obama and Bush and now Trump have supported charter schools and Trump in particular supports vouchers which has actually been a disaster because wherever vouchers had been enacted, kids are going to schools with uncertified teachers. In Florida they’re taught by high school dropouts. And it’s taking billions of dollars away from public schools. So we’re destroying our public schools in pursuit of something that’s worse than our public schools.

Douglas: I want to talk just a little bit more about testing about why testing is a problem. What’s the biggest issue with standardized testing?

Ravitch: The biggest issue with standardized testing is that first of all, it doesn’t make kids smarter. The more you test them, they don’t get smarter. And we’ve been testing kids now for 20 years, every child, every year; grades three through eight. That’s what George W. Bush’s No Child Left Behind decreed. And that’s still federal law.

With No Child Left Behind we had a federal takeover of public education which had never happened before. The states are responsible for education, local school districts are responsible for education. But now the federal government makes the rules. 

The problem with standardized tests is that they are all normed on what’s called a bell curve. The bell curve never closes. And it’s completely predictable that the kids who have the most, who have the highest family income, highest family education dominate the top of the bell curve. The kids who have the least dominate the bottom of the bell curve. That never changes. That’s true of every standardized test, whether it’s the SAT, the ACT, international test, state test, whatever. Any standardized test you mention will have a bell curve that never closes. And that benefits the haves and disadvantages the have nots.

Douglas: There’s a movement to discredit teachers in general. Where did that come from? Why are we suddenly trying to villainize teachers?

Ravitch: Well, it didn’t happen all of the sudden. I traced it back to a report from the Reagan era called “A Nation at Risk.” This report came out in 1983 at a time when the nation was in the midst of a deep recession. So, the report said our schools are failing and that’s why our auto industry is in trouble. All these industries are in trouble because of our schools, which on its face was a ridiculous idea because schoolteachers and children had nothing to do with macro governmental decisions about the auto industry. The fact was we were still producing gas guzzlers. So they blamed it on the schools. 

When the economy got better, nobody turned around and said, ‘Oh, guess what, our schools are not failing anymore.’ So the governors and the presidents kept up this drumbeat of ‘We have to do something’ about the schools. By the time of No Child Left Behind, there was a consensus that the problem with the schools was not the children, it was the teachers. 

There was this national narrative of ‘How are we going to get better teachers? Well, let’s have merit pay.’ Being an historian of education, I traced the history of America and found out that it’s been tried for about 100 years now. I think the first experiment was in 1925, and it failed. Then they tried it again, and it failed, and it kept on failing. And the biggest experiment with merit pay was just in 2010, at Vanderbilt University, and they used Nashville for their experiment. They said, we’ll pay $15,000 reward to math teachers who can raise test scores, and they had a control group and an experimental group. Both groups got the same results. Merit pay didn’t make any difference. And the reason for that was that both groups of teachers were doing their best. They knew how they weren’t hiding their secret lessons, waiting for somebody to offer them money. So they were teaching their hearts out and they couldn’t get better than that than what they were getting. Teachers can knock themselves out, but in the end, the test scores say more about who’s in the classroom rather than whether the teacher is a good teacher or a bad teacher. So the teachers got demonized, got blamed. We’ve had 20 years of this. And that leads me to why I wrote this book.

Douglas: Go ahead and continue. Why did you write this book?

Ravitch: Well, I’m in West Virginia to celebrate the second anniversary of the West Virginia teacher’s strike. I wanted to be here to thank the teachers, because what they did was incredibly courageous. They started a wave of strike saying, ‘We demand dignity, we demand respect. We demand to be treated as professionals.” Their example started a wave of teacher’s strikes across the country. It’s spread from West Virginia to Oklahoma to Colorado to California, to lots of other states. 

I don’t think that wave of strikes is over, but it really gave hope and inspiration to teachers all over the country who realized that they weren’t being paid enough to live a decent life, that their pensions were in jeopardy, that their healthcare was in jeopardy. Class sizes were too large for them to teach effectively. And the children were living in many cases in desperate poverty and that they needed to have social workers, they needed to have a nurse in the school, they needed to have a library and a librarian. 

I went to public schools in Houston, Texas. I didn’t go to an affluent school, I went to a regular public school. And we had all those things. We had a nurse every day, we had a library with a librarian. Why is this something we can’t afford anymore? This is the thing that puzzles me.

Douglas: Did the teachers in West Virginia accomplish what they set out to, and elsewhere, not just in West Virginia, were they successful? 

Ravitch: I think they were incredibly successful because what they did was unleashed a movement and they stood together, probably for the first time in their lives. They realized that they had power. And anytime in the future if people are ignoring education, refusing to fund the schools, this could happen again. And it should happen again. If the legislature continues to underfund the schools and to give tax breaks to big corporations that are already making millions and hundreds of millions and billions of dollars while not paying to educate the children. 

Did they achieve every demand? No, they didn’t. One of their demands was no charter schools. And the Legislature went right behind their back and passed charter legislation. And this will not help the children of West Virginia. It hasn’t helped. All it does is take money away from public schools. When you take money away from already underfunded public schools, you’re certainly not helping them.

Douglas: That was actually my next question. The Legislature approved legislation to allow three charter schools over the next three or four years. Why not give it a try?

Ravitch: Why not give it a try is we’ve had 30 years of charter schools. So, it’s not like you’re trying something that’s never happened before. It’s happened all over the country. If charter schools were the answer, if vouchers were the answer, we would be looking to Milwaukee and Detroit as models. About half the kids in Detroit are in charter schools. It’s the lowest performing city in the United States.

In Milwaukee, there are three equal sectors in terms of numbers. They have vouchers, they have charters and they have a shrinking public-school system. The public-school system in Milwaukee is overloaded with kids with disabilities. Because the charters and vouchers don’t want those kids. They’re overloaded with kids who don’t speak English because they’re rejected by the vouchers and the charters. And all three sectors are doing the same. 

So when you hear promises of ‘Oh, this is going to be a bold experiment’ – nonsense. We’ve been doing it for 30 years. And what actually happens with charters is you’re inviting entrepreneurs to come into your community and instead of having schools run by the local community, you’re having schools that are run by a corporation, whose headquarters may be in Houston or Los Angeles or some other city and if you have a problem with it, they’ll just say leave.

Douglas: So where do we go next? What’s the next step in fixing education in the United States?

Ravitch: Well, I’d say the next step is that we need to have a commitment as a nation to first of all having a federal government that recognizes its limits. I would love to see the elimination of the federal mandate of standardized testing in grades three through eight. I look at the top performing nations in the world,none of them have a requirement of standardized tests every single year. We’re not a top performing country; we’re right in the middle. But the ones who are far higher than us on the standards on the international standardized tests are not requiring annual testing. 

I went to visit the country of Finland. They have no standardized testing at all. What they emphasize is raising healthy children who are excited about learning. And so they have a recess after every single class, no matter what the weather kids run outside. They’re not told what to do. They just run and play. It could be raining, it could be snowing, they could run out and play. 

They emphasize music and art and they try to make learning as fun as possible. They only hire the best teachers. It’s really hard to get to be a teacher in Finland, but there’s no standardized testing. And when we look at the international test scores, we see that Finland is one of the top performing nations in the world because they emphasize creativity and thinking and love of learning. Things that we’ve completely forgotten about. 

I’d also love to see all these billionaires who are leading the privatization movement come to grips with the fact that they’ve totally failed. I mean, they’ve spent and our federal government has spent billions of dollars opening charter schools. The federal government alone has spent $4 billion starting charter schools, almost 40 percent of the ones they’ve opened have either never opened or closed right after they open. 

In Florida, where there are about 650 charter schools, they have as many charter schools closing every year as they do opening. So this is running schools like a business. And you put your kids there if the charter school will take them. And you may show up one day in January and find a note on the door saying sorry, we’re closed.

W.Va. Teachers to End Strike; Unions Say ‘Trust’ Issues Remain

West Virginia teachers and school employees will be back on the job Thursday after a deadline passed for a controversial education reform bill to be revived. Leaders of teacher and school service personnel unions made the announcement following a Wednesday evening floor session in the House of Delegates.

On Day 2 of a statewide strike, educators lined the House galleries to make for certain the chamber did not take up a motion to reconsider action on the latest version of Senate Bill 451 — a measure that tied pay raises to components like charter schools and education savings accounts.

The bill was effectively killed Tuesday when a motion to postpone Senate Bill 451 indefinitely was adopted on a 53-45 vote. House rules state that Wednesday’s floor session was a deadline for action on the bill to be reconsidered.

Leaders of the American Federation of Teachers-West Virginia, the West Virginia Education Association and the West Virginia School Service Personnel Association made the announcement just after Senate Bill 451’s fate was sealed.

“We had a huge showing on Tuesday and Wednesday. Our people — just like last year — stood united and all 55 counties were out,” West Virginia Education Association president Dale Lee said. “Unfortunately, one county decided they wouldn’t close school. But we had employees, teachers and service professionals that would not let the buses run in that county.”

Classes were not held in Putnam County, despite officials not calling off school Tuesday or Wednesday.

The union leaders said they polled their members across the state leading up to the Wednesday House floor session to get their input on the matter. However, they said that members articulated “trust” issues, given the up and down momentum of Senate Bill 451 and Senate President Mitch Carmichael’s championing of the bill.

“Senator Carmichael has shown us time and time again that we really can’t trust his word and the things that he has pulled has built this great mistrust among our teachers and service personnel throughout the state,” American Federation of Teachers-West Virginia Fred Albert said.

Carmichael said Wednesday he would have to look at a state employee pay raise bill moving through the House before deciding if he would try to incorporate the failed reform measures into the salary increases.

Leaders of the three unions say their members are prepared to head back out on strike should anything else warrant such action.

“The majority of our leaders around this state are saying that they would go back [to school Thursday] with reservation,” West Virginia School Service Personnel executive director Joe White said.  

The coalition of unions stated there were five particular issues with Senate Bill 451, some of which weaved in and out of the measure as the two chambers passed it back and forth over the past few weeks.

“The five triggers were charter schools education, savings accounts, paycheck protections, seniority, and work stoppage language. Those are now gone. If they are revived, those five triggers remain intact. Those five triggers could cause us to go somewhere else,” Lee said.

Also Wednesday, the House Finance Committee took up House Bill 2730, which provides for pay increases for teachers and other state employees.

 

That bill was advanced through the committee and read a first time on the floor. The House will hold a public hearing on the measure Friday at 8 a.m.

 

Unions Call For Day 2 of Teacher Strike, Cite the Slight Chance that SB 451 Could Be Revived

Despite the West Virginia House of Delegates effectively killing a long, sweeping and controversial education reform package, teachers and school employees will be off the job for a second day Wednesday.

Leaders of teacher and service personnel unions cited the slightest of chances that Senate Bill 451 could be revived through a House motion to reconsider action on the measure. On Tuesday, the House adopted a motion to postpone the measure indefinitely, effectively killing the bill on a 53-45 vote.

The lower chamber has until it adjourns tomorrow to reconsider the motion to postpone indefinitely, as per the chamber’s rules.

Senate Bill 451, as amended Monday in the upper chamber, ties pay raises to other components educators and their unions oppose — including charter schools and education savings accounts.

“All three organizations have had conference calls earlier tonight. We’ve heard loudly, loudly and clearly from our members,” West Virginia Education Association president Dale Lee said. “We believe that there is still a minute opportunity for something to happen. So with that being said, all 55 counties will be closed again tomorrow.”

Union leaders said the anxiousness over that possibility was articulated to them through their members, who said it was a matter of trust.

“We want to make it perfectly clear that our trust has been somewhat restored in the House because we have heard from the House today in a positive way. We need to let the members of the House of Delegates know that we appreciate their vote today,” American Federation of Teachers-West Virginia president Fred Albert said.

The union announcement of came after a long, loud day at the West Virginia Capitol, with hundreds of educators screaming and chanting from outside the chamber. Hundreds of others had lined the House’s three galleries.

“Whatever the weather may be tomorrow, we expect for you to be back here to make sure that your voice continues to be heard,” Albert said as he announced the second strike day.

Some county school systems began to call off school even before the union announcement, according to the West Virginia Department of Education’s website

With Gov. Jim Justice and Republican leaders of the Legislature stating their commitment to pay raises — before the midterms and even during this legislative session — the House lawmakers say they plan to run a “clean” bill calling only for state employee salary increases.

According to House Finance Vice Chairman Vernon Criss, R-Wood, House Bill 2730, will be on the committee’s agenda Wednesday.

Kentucky Republicans Request Teacher Emails

The Republican Party of Kentucky has requested the work emails of several teachers, saying they want to see if there is widespread misuse of government resources. Some teachers, however, see it as ploy to intimidate.

The GOP declined to tell the Courier Journal how many requests it has sent or for whom, but the newspaper reports at least some are directed at teachers who unsuccessfully ran for office in November’s election as Democratic candidates.

Laurel County teacher Dustin Allen, a former candidate, says he thinks Republicans are trying “to make everybody afraid to run again.”

Republican Party of Kentucky spokesman Tres Watson said the requests weren’t meant to intimidate. He says they are about “information gathering, whether government resources are used for political activity, and how widespread it is.”

International Firm Hired to Help Off-Ballot GOP Senators with Messaging on W.Va. Teacher Strike

As the 2018 midterm election approaches, some West Virginia Senate Republican leaders are making use of a large and influential worldwide public relations firm to aid in messaging about this year’s teacher strike and the economy. The politicians making use of the public relations services, which an independent expenditure political action committee is paying for, are not on this year’s ballot.

Campaign finance experts say promoting off-ballot politicians is very unusual for independent expenditure political action committees, or PACs, such as the one paying for these services. The public relations firm that’s been hired has made national headlines for its possible connection to the FBI special counsel’s probe of Russian interference in the 2016 presidential election.

Emails from employees of public relations firm Mercury, LLC, sent to West Virginia Public Broadcasting reporters — and others in news media who cover state government — have recently solicited interviews with Senate President Mitch Carmichael.

Those emails — which were sent by Mercury employees Katya Myagkova and Brent Petrone throughout the month of August — sought to have reporters speak with Carmichael regarding the federal Tax Cuts and Jobs Act and federal legislation attempting to curb the country’s opioid crisis. The emails included a banner image with “West Virginia’s Future PAC” and signatures identifying Petrone and Myagkova as Mercury employees.

Emails between Carmichael, Sen. Craig Blair and Mercury employees — obtained by West Virginia Public Broadcasting through a public records request under the state’s Freedom of Information Act — also indicate the firm was helping GOP Senate leadership tailor messaging around a number of issues and craft a “proper narrative” regarding this year’s teacher strike and West Virginia’s economy leading up to the 2018 midterm elections, despite neither Carmichael nor Blair being up for re-election this year.

Emails Show Mercury Helped Carmichael, Blair Craft Messaging on Teachers, Economy

While records show that West Virginia’s Future PAC spent a total of $21,731 in August on digital advertising services from Pittsburgh-based company Fifth Influence in support of Republican Senate incumbents Ryan Ferns, Ed Gaunch and Tom Takubo in the general election cycle, $37,500 the committee spent this reporting period was paid to Fulcrum Campaign Strategies, for consulting and PR services mostly used by Carmichael.

In a July 19 email sent at 8:24 a.m. with the subject “Thank you,” Carmichael contacted Mercury employees Nicole Flotteron, Chapin Fay and Dan Bank — all of whom hold the title of senior vice president.

“Thank you for conducting the on-site meeting/training yesterday. Our team was very impressed with all aspects of Mercury. The outside entities that we invited and that gained further exposure to your team were equally impressed,” Carmichael wrote in the first of two emails sent to Mercury employees July 19. “We look forward to working with you to craft the proper narrative as to the West Virginia comeback story and Republican commitment to education.”

 

Credit Tyler Evert / AP Photo
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AP Photo
Parry Casto, from Huntington W.Va., leads a rally outside the Senate Chambers in the West Virginia Capitol in Charleston, W.Va., Monday, March 5, 2018. Hundreds of teachers from 55 counties are on strike for pay raises and better health benefits.

Another email sent July 19, this one with the subject line “Response to local AFT leaders agreeing with our statement” and sent at 8:37 a.m., Carmichael seeks advice from Flotteron, Fay and Bank in messaging related to teacher unions.

“What do you think of crafting a message in which we commend Christine Campbell, WV-AFT, and Dale Lee, WVEA, for agreeing with us and rejecting the socialist agenda of the national AFT?” Carmichael wrote. “The message could give credit to the WV Teachers for recognizing that the socialist policies of the left wing union bosses is not good for our state and would damage the economic recovery that is occurring under Republican leadership. Your thoughts……”

Days earlier, on July 17, Carmichael drew attention for a thread of eight tweets in which he criticized the American Federation of Teachers’ adoption of a platform at the union’s national conference in Pittsburgh.

Teachers in West Virginia — backed by the West Virginia Education Association and the American Federation of Teachers-West Virginia — went on strike for nine days during the 2018 legislative session demanding better wages and a permanent fix to the health care program for state employees, the Public Employees Insurance Agency.

With the Republican Senate majority once rejecting a 5 percent pay increase for teachers, the strike ended with the passage of a bill doing just that — but adding raises for all state employees — and the creation of a task force on the health care issue. The bill was passed only after being sent to a conference committee between the House and Senate, where members finally agreed to the 5 percent raises.

In the interest of full disclosure, the Educational Broadcasting Authority, which does business as West Virginia Public Broadcasting, is an independent state agency. As such, its employees also received the pay hike.

During and since the strike, leaders of teacher unions and their members have taken aim at GOP Senate leaders — particularly Carmichael — promising an education-focused takeover of the Legislature in the 2018 midterms. Through their political action committees, the unions have supported candidates they see as promoting a pro-public education agenda. The unions have largely supported Democratic candidates.

Carmichael and other top Republicans in the Senate have taken credit in recent months for the pay raise for teachers and all other public employees, despite the caucus’ holdouts that drew out the strike. Some of the messaging around teacher issues has taken place under the consultation of Mercury.

“I’m not up for re-election,” Carmichael said when asked about his use of Mercury for help with messaging on the aftermath of the teacher strike and its potential impact on the upcoming election. “I just want to make sure that the proper narrative is spoken as it relates to the teacher issue, because I think I’ve not — in my years of public service — seen anything have so much misinformation about a particular issue.”

Despite not being on the ballot for the 2018 midterms, Carmichael has been a target — with his name and face being placed on billboards and other campaign materials reading “Ditch Mitch!” and “Ditch the Mitches And Their Candidates,” referring to Carmichael and U.S. Senate Majority Leader Mitch McConnell. The latter of those two advertisements also states that Carmichael was “attacking teachers and public schools.”

Carmichael argues that those efforts, funded by the West Virginia Democratic Party, have mischaracterized him in terms of what unfolded during the teacher strike.

“The press, in large measure, does a good job, but some of those opposing — the people that want to just create havoc — are distorting that message and, so, I think it’s important for the people to know the truth and to hear it as it really occurred,” Carmichael said about the narrative surrounding the strike.

Credit West Virginia Democratic Party
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“The West Virginia’s Future PAC – which is an entity outside the legislative purview — contracted with Mercury to develop that messaging and make sure the story is told in a way that, you know, is sort of what we believe is the truth about the story and cut through all the different aspects of distortions and so forth. So, they’re working with West Virginia’s Future PAC to develop that message and make sure it gets out,” he added.

Other emails show Carmichael forwarded a June 8 email newsletter from the West Virginia Chamber of Commerce to Flotteron. A June 14 email from Carmichael to Flotteron detailed state employment numbers from May sent to members of the West Virginia Legislature from West Virginia Chamber president Steve Roberts. “I’m compiling more data and will forward in a string of emails,” Carmichael wrote to Flotteron.

An Aug. 8 email from Carmichael with the subject line “Fwd: Strikes Again?” included a newsletter forwarded to Mercury employees from The Center for Education Reform sent to Carmichael the day before. The newsletter detailed the possibility of teacher strikes by union members in Puerto Rico and Los Angeles.

More recently, Carmichael sought advice in responding to an email newsletter from the West Virginia Center on Budget & Policy. That Sept. 17 email newsletter from the West Virginia Center on Budget & Policy included the headline “New Census Data Shows Lack of Progress in West Virginia.”

“Help me craft response…..” Carmichael wrote in regard to the newsletter from the West Virginia Center on Budget & Policy.

As for Blair, who serves as chairman of the Senate Finance Committee, emails from Aug. 7 between he and Mercury staff show he asked for help when he forwarded a solicitation from D.C.-based website The Washington D.C. 100 — asking him to author a piece of writing on West Virginia’s economy for the website. According to the email forwarded by Blair to Mercury employee Nicole Flotteron, The Washington D.C. 100 is “a bi-weekly publication consisting of 100-word long stories covering key policy issues and current events.”

“Is this useful?” Blair wrote to Flotteron.

“We will write it for you. Standby,” Flotteron replied.

On Aug. 16, The Washington D.C. 100published a short piece with Blair’s byline titled “Economic Growth in West VA.”

About West Virginia’s Future PAC & Mercury, LLC

A campaign finance report filed recently with the West Virginia Secretary of State’s office shows the independent expenditure political action committee West Virginia’s Future raised $320,250 from May 21, 2018 through Sept. 23, 2018. Contributors to that committee during that time period include a $15,000 donation from DuPont spin-off company Chemours as well as a list of more than 200 names of people who donated funds following a Wheeling dinner event on June 28, where the group raised $284,655.

The first general report from West Virginia’s Future PAC was due Friday, Sept. 29, but wasn’t received by the Secretary of State’s office until Oct. 1. According to the state’s campaign finance reporting system, the organization has been late in filing two of its three other reports that have been due. There is no penalty for a filing campaign finance reports after a deadline.

This image was at the top of news releases and interview solicitations Mercury employees sent to West Virginia reporters.

Among the $149,685.19 in expenses the committee paid during the first general election period from May 21 to Sept. 23, two payments totaling $37,500 were paid to Fulcrum Campaign Strategies for “strategic / communications consulting.” According to the District of Columbia’s Department of Consumer and Regulatory Affairs, Fulcrum Campaign Strategies has been used as a trade name for Mercury, LLC. Company officials also confirmed Mercury does business under that name.

According to Mercury’s website, the company is a “global public strategy firm” that handles public relations, public opinion research, crisis management and mergers and acquisitions. The company’s clients include AT&T, Airbnb, eBay, The Ford Foundation, Hyundai, Pfizer, Tesla and Uber. Mercury also lobbies on behalf of foreign governments.

Mercury has come under scrutiny during the past year for possible connections to President Donald Trump’s former campaign manager Paul Manafort. In September, Manafort agreed to plead guilty to charges in the indictment and cooperate with FBI special counsel Robert Mueller’s investigation into Russian interference in the 2016 election.

In Manafort’s indictment, two companies identified as “Company A and Company B,” were named as having done work under the direction of Russian-friendly former Ukrainian President Viktor Yanukovych. Manafort spent nearly a decade as a consultant to Yanukovych and his country’s Party of Regions. A report from NBC News identified “Company A” as Mercury and “Company B” as the Podesta Group.

According to reports from various news outlets citing court filings from Mueller, Mercury could face legal trouble for their connections to Yanukovych.

“We worked for an [non-government organization] based in Brussels that supported Ukraine’s entry into the European Union, which would have driven Ukraine closer to the west and further from Russia’s influence. The project started more than six years ago and ended more than four years ago,” Mercury partner Michael McKeon wrote in an email when asked about the company’s connections to Yanukovych and the the FBI special counsel’s probe of Russian interference.

“We hired lawyers to advise us on proper disclosure, reported our work to Congress in 9 different public lobbying reports and later voluntarily filed a FARA. Any questions you may have about the work is all in the public filings,” McKeon added.

FARA is the acronym for Foreign Agents Registration Act, federal legislation requiring “persons acting as agents of foreign principals in a political or quasi-political capacity to make periodic public disclosure of their relationship with the foreign principal, as well as activities, receipts and disbursements in support of those activities,” according to the U.S. Department of Justice.   

McKeon also said none of the Mercury employees on the project in West Virginia worked for the non-government organization and most current employees were not with Mercury at that time of the company’s work linked to Yanukovych.

Carmichael said he was unaware of Mercury’s connections to Manafort’s indictment in the Russian probe when he began working with the firm. He said he later became aware of those ties, but has no concerns about the company.

“I’ve just heard, anecdotally, somebody say, ‘You know, hey, this or that’ about Mercury. I don’t have anything other than just a cursory [understanding of those allegations],” Carmichael said.

Asked about Mercury’s work with Carmichael or anyone else in the West Virginia Senate, McKeon deferred to West Virginia’s Future PAC.

Chris Asbuy, an attorney for West Virginia’s Future PAC, provided a statement to West Virginia Public Broadcasting noting pay raises for state employees, reported economic growth, implemented regulatory reforms and other efforts by the Republican majority in recent years. He attributed those accomplishments to the GOP takeover of the Legislature in 2014.

“West Virginia’s Future PAC hired Mercury to cut through the election year political chatter and help tell this remarkable comeback story directly to West Virginians,” Asbuy wrote.

 

Independent Expenditure PACs

Independent expenditure political action committees, like West Virginia’s Future, are created to expressly advocate for the election or defeat of a particular candidate — but not in cooperation with or at the request of that candidate. Typically, independent expenditure political action committees would not raise money for services such as polling or public relations services, according to campaign finance experts.

Dan Weiner of New York University School of Law’s Brennan Center for Justice said promoting non-candidates and paying for services like public relations is atypical of independent expenditure political action committees.

“I would say that is quite unusual,” Weiner said. “Bottom line, it is deeply troubling that a PAC would be funneling unlimited money for sitting office-holders, regardless of whether or not they are on the ballot. That raises quite obvious concerns.”

Weiner said political action committees funding politicians not on the ballot — or services for them — should raise questions about the possibility of political favors being returned in exchange for that help.

Why Mercury, When the Senate Has Its Own Communications Director?

While Mercury’s services have provided public relations support for Carmichael and Blair, the Senate employs its own communications director who works with news media. Jacque Bland currently holds the title of communications director of the Senate, under the supervision of Carmichael in his role as Senate president.

In the position of communications director, Bland works as a liaison between all members of the Senate — regardless of party — and the news media. According to the state auditor’s office, Bland was paid $73,640.01 for her work in 2017.

Asked whether Mercury’s work has affected her job as communications director of the Senate, Bland declined to comment for this story.

Carmichael said the work performed by Mercury — particularly that which is focused on issues related to the teacher strike — is politically motivated and is inherently different than the work Bland does. He said the political messaging should be outsourced to an entity outside the Legislature.

“West Virginia legislative announcements and so forth get published on the Legislature’s website. These recently, on both sides of the aisle, have become very political — they have become too political,” he said.

Carmichael said he has had conversations with Democratic minority leaders Sen. Roman Prezioso and Del. Tim Miley about trying to limit the scope and use of the Legislature’s public information office and get politics out of the equation. Prezioso and Miley confirmed those conversations.

“If it becomes political, you need to use an outside entity to craft that. That message needs to get [put together] outside of here. Jacque does a phenomenal job of getting this messaging — the informational pieces — out to the public. But in terms of it, if it’s going to turn political at all, it needs to be done by a separate political arm outside of this Legislature. And, so, that’s what Mercury’s purpose is,” Carmichael said.

Teacher Strike Still in Focus Ahead of Election with Plans for Additional Raises Announced by Gov. Justice

As the November midterms get closer — and with teachers issues remaining on the minds of voters — Gov. Jim Justice announced this week plans for another 5 percent pay raise for teachers and all other public employees and a promised dedication of $100 million to funding PEIA.

During a news conference Tuesday announcing those plans, Justice touted Republican accomplishments in terms of this past year’s teacher raises and economic growth in general, citing a nearly $120 million budget surplus three months into fiscal year 2019. He also downplayed the role of the unions and the strike.

“Over and over and over, you can say what you want. But, at the end of the day, the teachers’ pay raise last year — the teachers’ pay raise — that all happened not because of people that were ‘rah-rah-ing’ and everything upstairs,” Justice said. “It happened because the good work of the Republicans, the Republicans are the ones that passed it. Your Republican governor is the one came up with the idea of the five percent. Nobody but your Republican governor. The Republican House followed suit.”

Credit Office of Gov. Jim Justice
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Gov. Jim Justice is joined by Republican legislators to announce plans for additional pay raises for public employees in the 2019 legislative session.

Justice acknowledged holdouts by Senate Republicans, but also gave credit to the majority caucus in the upper chamber.  

“It took a little while to get the Senate on board. But when they came on board, what did they do? They came on board for not only the teachers — they came on board for everybody. Everybody got the five percent,” he said.

In a news release dated Oct. 2 — the same day as Justice’s announcement of plans for another round of raises for state employees — Carmichael released a statement through the Legislature’s public information office. Bland is listed as the contact on the release.

“Thanks to pro-growth policies that have been implemented by the Legislature in recent years, our economy continues to expand, while tax revenue continues to increase, leading to historic budget surpluses,” Carmichael said in the release. “In turn, we are able to use that growth to deliver our teachers the pay increases they need and deserve.”

How much the teacher strike and issues related to public education will impact the 2018 general election remains to be seen.

West Virginia Senate President Criticizes Teacher Union's Endorsement Edict

West Virginia Senate President Mitch Carmichael is criticizing a teachers union that won a pay raise earlier this year over what he called its “Obama style socialist agenda.”

The Jackson County Republican said Tuesday on Twitter the American Federation of Teachers’ agenda “doesn’t represent values” of West Virginia families, students and educators.

His statement came after the union voted to demand that all of its endorsed candidates support universal health care, free tuition at public colleges, free child care, and taxing the rich to fund schools. Carmichael urged candidates to reject the “radical” agenda.

AFT-West Virginia President Christine Campbell says on Twitter “expecting candidates to support workers’ issues isn’t radical; it’s imperative for raising the bar in (West Virginia) elections.”

Teachers received a 5 percent raise in early March following a nine-day strike.

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