Author Archives: Laudan

Pushback on Senate’s COVID rules delivers win for transparency, says Fortunato

A major part of Sen. Phil Fortunato’s objection to the Senate’s COVID protocols centered on language in the required testing release form, which currently states:

“In addition to the above I understand and agree that if any Test conducted during my employment, or while I am on Client’s work site or premises, returns positive, I will be required to follow the medical advice provided to me through Client and their designees, which may include isolation, quarantine, and possibly hospitalization.”

Upon questioning, legislative attorneys indicated that it is not legally enforceable, so Fortunato declined to sign the waiver as written. His refusal meant he could not get tested and participate in the opening-day proceedings in person.

“If it’s not legally enforceable, then I don’t see why I can’t strike that language,” said Fortunato. “I appreciate the work the Senate administration is doing to keep us safe, but they are not my doctors. If I contract COVID again, I won’t be signing anything that says I must follow their medical directives.”

In an email to the secretary of the Senate, Fortunato asked if the vendor would accept that section being deleted and if not, would the Senate accept testing from a medical facility that uses the same process. The secretary replied that the vendor will be changing the contested language starting this Friday to:

“I will be required to immediately leave the premises.”

“I am glad they addressed the concerns that many of our members and I had who felt we were forced to sign this waiver under duress to participate in the process,” Fortunato said. “I’ve received emails from staff members saying thank you and that they will be using the new form on Friday.”

Fortunato continues to assert that the testing requirements are additional qualifications not enumerated in the state constitution. With the agreed-upon changes, it makes it least reasonable to participate, he added.

Fortunato tests new Senate COVID rules, is escorted off Capitol Campus

On the opening day of the 2022 legislative session, state Sen. Phil Fortunato put new COVID-related rules to the test. The Senate majority approved requirements for in-person participation in the Senate Chamber, but Fortunato argues that the rules are arbitrary, illogical and don’t supersede his constitutional duties.

“The Senate majority rammed through these rules that don’t pass constitutional muster,” Fortunato argues. “We have now been in an “emergency” for nearly 700 days and it’s becoming clearer that this virus is something we are going to have to live with. It is time to return to normal proceedings and Zoom is not a substitute to being able to represent my constituents on the Senate Floor.”

Fortunato, R-Auburn points to flaws in the safety measures, like weekly testing that undermine the new rules altogether.

“They are saying we cannot be in person unless we receive a negative test result from a test that they agree can give false positives or negatives. One of our members just got back their test results – the only problem is that they never got a test.

“At some point in time we have to push back, and I intend to at every step of the way. I believe the Governor and the Democratic majority, under the guise of public health, have instituted policies that violate our rights and endanger our democracy.”

Testing of legislators and staff multiple times a week when tests for schools and front-line workers are running out sends the wrong message, added Fortunato. “Requiring testing of people with no symptoms when there is a shortage of tests is ridiculous. Why does the majority think we are so special that we should be taking these valuable resources? We are not more important than the people paying our salaries that have had to work this entire pandemic without any safety measures in place.”

When the Senate administration learned that Fortunato entered the Legislative Building without undergoing required testing, Senate Security was called to escort the Senator out, barring him from even participating remotely in his office.

“There are significant questions raised by limiting access to the Senate chamber through rules that add qualifications to the constitutional minimum required be able to exercise the elected office,” said constitutional legal expert Joel Ard. “Fortunato’s principled stand sends a message that constitutional rights, especially for elected leaders, don’t stop at the chamber door.”

Fortunato indicated that he will again attempt to participate in the legislative proceedings in person this Wednesday when the Senate is schedule to vote on bills.

Tax Town Halls

I would like to invite you to share your thoughts at an upcoming Tax Town Hall. There will be discussion on changing the state’s tax structure to make it “more equitable.” There are various options being considered to change the tax code. One such option is to lower the sales tax or property taxes by increasing taxes on “those that can afford to pay more.”

Unfortunately, “those that can afford to pay more” can also move and take their tax dollars with them. When New Jersey increased their income tax rate, one taxpayer moved in 2015 and took his billions of dollars with him. This caused a budget shortfall of hundreds of millions of dollars. Income tax revenue is one of the most unstable revenue streams states can use for budgeting.

Another proposal would tax stock transfers and exempt retirement accounts. Connecticut has tried this. They received a windfall the first year, but saw a massive deficit the following year, counting on the new revenue. People simply stopped doing taxable transfers.

There is a bright spot. Deducting $250,000 from your property values to give some property tax relief.

Beware of the government that says they will tax the “other guy” and pass the savings on to you.

I am supposed to just listen during these town halls, and not offer my opinion. I would ask you to participate and voice yours.

 

Wednesday, November 3, 2021

2:30 – 4 p.m. Sign up here | 6:30 – 8 p.m. Sign up here

Learn more at: https://taxworkgroup.org/

Town Halls

I WANT TO HEAR FROM YOU!

Before the Legislature convenes, I need to know what you think I should be working on for our district. A lot of changes are coming our way, new policy battles and possibly a changing district due to redistricting. That is why I’m holding some virtual town halls. We did quite a few
of them during session and I was able to get some great feedback. So, here is your chance to do it again.

Join me for upcoming virtual legislative town halls! Register at the links below.

Thursday, November 11 – 7-8:30 p.m.

Saturday, November 13 – 7-8:30 p.m.

 

Senate majority’s obstruction disastrous for jobs and public safety

Law enforcement leaders weigh in on vaccine mandates

The Senate Democratic Majority has all but ensured that the Legislature will not be able to call itself into a special session in time to stop the governor’s plan to terminate hundreds, maybe thousands of state employees on Oct. 18 who have not received their COVID-19 vaccinations.

After missing a critical deadline to vote on a historic legislative special session, state Senate leadership finally responded to official inquiries from Senate Freedom Caucus members, who have been leading the effort. Senate Majority Leader Andy Billig said in an email that he does not support even convening the committee for a vote.

“Washington families are suffering and Democrats in Olympia refuse to allow a special legislative session to address the many pressing problems we face,” said Sen. Doug Ericksen, R-Ferndale.  “Now is not the time for leaders to hide in their basement collecting their paychecks while others suffer, while others are losing their jobs, while inflation is escalating, while energy prices are skyrocketing, while our communities are seeing spiking crime rates, while a failed long term care tax needs to be repealed, while home/auto insurance rates are going up by double digits, and while constituents are demanding answers. Leaders do not hide. Leaders rise up to the challenges of our day. We need a special emergency session now.”

New issues continue to arise ahead of the 2022 legislative session that Freedom Caucus members say must be addressed sooner rather than later. In a resolution submitted Aug. 31 to the Senate Rules Committee, the first step in the process, the Legislature was to convene briefly to address the state’s COVID vaccine mandate, and critical public safety policies.

“I’m deeply disappointed that the Senate majority doesn’t have the political courage to convene the Rules Committee so that members can openly debate and vote on the issue,” said Sen. Phil Fortunato, R-Auburn. “We are now going on 600 days without any meaningful oversight of the state’s executive and seeing the effects of so many bad policies that can’t wait to be addressed. Doing nothing means that livelihoods of families are in jeopardy and communities will continue to see higher crime.”

Local law enforcement groups are expressing their frustration with local mandates and the inaction of the Legislature. Public safety professionals from around the state have denounced the recent reforms that are viewed as tying the hands of police, putting the public at greater risk.

“It is disappointing that the legislative majority isn’t interested in a special legislative session to address our state’s profound public safety issues,” said Mike Sloan, the Seattle Police Officer’s Guild president. “Recently passed police reform bills have left law enforcement confused and hesitant to police. This situation has led to low morale and has unfortunately played a role in our critical staffing shortage. Sadly, this has been amplified with the vaccine mandate. I’m fearful that if these issues do not get addressed, our public safety crisis will further deteriorate and our quality of life will suffer.”

“The King County Police Officers Guild is saddened by the loss of the brave men and women whose employment will be terminated for deciding not to take a vaccine,” said Bob Lurry, the Guild’s vice president. “We are losing experienced law enforcement officers that are very difficult to replace. This heavy handed and ill-timed mandate will accelerate the staffing crisis we are already seeing in policing around the state and will make us all less safe.”

Sen. Mike Padden, R-Spokane Valley and ranking member on the Senate Law and Justice Committee, agreed, saying the Inslee Administration has taken one of the most extreme positions in the nation on vaccine mandates by not even allowing for testing as an alternative.

“Rather than listening to the concerns of law enforcement organizations, Governor Inslee is actually doubling down on his top-down approach,” said Padden. “Firing dedicated public safety personnel, who are already-stressed, not only impacts them but also their families who are dependent on them for food and shelter.”

The impeding employment, social service, and public safety crisis precipitated by the mass layoffs means that the Legislature can’t wait until the regular session in January 2022.

“The case for a special session gets stronger and stronger,” said Sen. Jim McCune, R-Graham. “The new restrictions on policing passed by this year’s Legislature are clearly unworkable, and now we face the chilling possibility that law enforcement and other public employees will be fired by decree of the governor. When will our colleagues finally be ready to admit they have a problem?

www.WAFreedomCaucus.org

Update from Olympia

“We must continue to push back” is my mantra. I recently admonished my colleagues for failing to take up a resolution that would have called the Legislature back into session. I’m hearing from constituents and people all over the region, from each end of the political spectrum, that what the governor is doing with these unilateral mandates is wrong.

Under my proposal, the Legislature should have called itself into a special session by Sept. 14, but the Senate Rules Committee had not met for a procedural vote. It’s unlikely that the governor would call a special session to curb his own emergency powers, but under the state constitution the Legislature can call itself into session

The House and Senate early this year adopted joint rules, which begins with a resolution submitted to the Senate Rules Committee, something that has never been done in state history.

We set up this process, but it seems that the majority party is more concerned with protecting the governor’s autocratic powers than representing the people. My constituents are clear that they want the Legislature to act to curb the governor’s vaccine mandates and emergency powers, and protect local control in schools and fix flawed police reform legislation. We can’t do that if the majority refuses to even get on the record.

It appears, however, that rules we just put in place are flawed by requiring a specific date for commencing a special session, with no timeline for when the Rules Committee must convene to vote. On Aug. 31, I sent the resolution for consideration, but legislative leaders have yet to respond.

I want the people I represent to know that I am doing everything in my power to make their voices heard on these issues. All we are seeing is obstruction and delay from the majority. It’s not just my district either. These issues aren’t partisan. My advice to people frustrated over the erosion of their civil liberties and our democracy is to contact Democratic legislators and urge them to support this special session effort.

This isn’t a debate about being pro or anti vaccine. Sadly, it seems we’ve lost the ability to have any rational discussion about these policy issues and how the state should be responding. I’m approaching this from a pro-freedom perspective. If people want to get the vaccines, they should. But the state shouldn’t coerce, force, or threaten people who choose not to. I’m deeply concerned what these mandates will do. While they are meant to reduce virus deaths, are they going to cause more deaths because of lack of nursing staff in hospitals or harm public safety?

Senate Democrats miss deadline on special session vote

State Sen. Phil Fortunato is admonishing his Democratic colleagues for failing to take up a resolution sent to the Senate Rules Committee for a vote. In a letter to Senate Majority Leader Andy Billig and Lt. Gov. Denny Heck, who chairs the committee, Fortunato notes that the Legislature should have called itself into a special session by Sept. 14, but the Rules Committee had not met for a procedural vote.

It’s unlikely that the governor would call a special session to curb his own emergency powers, but under the state constitution the Legislature can call itself into session. Fortunato’s letter started the process outlined in joint rules adopted this year by the House and Senate, which begins with a resolution submitted to the Senate Rules Committee, something that has never been done in state history.

“We set up this process, but it seems that the majority party is more concerned with protecting the governor’s autocratic powers than representing the people,” Fortunato exclaimed. “My constituents are clear that they want the Legislature to act to curb the governor’s vaccine mandates, emergency powers, protect local control in schools, and fix flawed police reform legislation. We can’t do that if the majority refuses to even get on the record.”

Fortunato is concerned that the joint rules are flawed by requiring a specific date for commencing a special session with no timeline for when the Rules Committee must convene to vote. The resolution was sent for consideration on Aug. 31, but legislative leaders have yet to respond.

“I want the people I represent to know that I am doing everything in my power to make their voices heard on these issues,” said Fortunato, R-Auburn. “All we are seeing is obstruction and delay from the majority. It’s not just my district either. These issues aren’t partisan. My advice to people frustrated over the erosion of their civil liberties and our democracy is to contact your Democratic legislators and urge them to support this special session effort.”

Participate in Redistricting

Every 10 years the state’s Redistricting Commission is charged with redrawing the shapes of Congressional and Legislative districts based on changes in population. All the districts are supposed to be similar in population. One of the changes being considered is cutting off parts of our district that are South of Hwy-410 and eliminating Sumner. This would split most of the cities along 410 in half.

If you feel it is as important as I do to maintain the Hwy-410 corridor in one district, consider participating in the process. There is still time to let your voice be heard.

Here are some things to consider:

  • It is important to maintain the continuity of all the cities in the 31st District along the Hwy-410 corridor and the Chinook Scenic Byway as the gateway to Mount Rainier.
  • Many businesses rely on the important tourist trade, and splitting the corridor in multiple districts will make coordination of WSDOT and Capital Budget projects more difficult.

Leave your comments here: https://www.redistricting.wa.gov/participate/describe

Inslee’s extreme actions demand stronger, historic response from legislative branch, Freedom Caucus members say

Since Gov. Jay Inslee announced renewed masking requirements and vaccination mandates, legislative offices have been flooded with messages in strong opposition. The Freedom Caucus is backing a resolution for a historic legislative special session that would cover key policy areas being voiced by their constituents:

  • Public safety;
  • Emergency-powers reform;
  • Vaccine mandates; and
  • Local control over masks schools.

“I feel very strongly that we should send a clear, concise message about personal freedom to the people we represent.  Vaccine mandates and other state edicts should be local decisions. Our constituents don’t want legislative double speak,” state Sen. Phil Fortunato, R-Auburn said. “They are asking us to ‘do everything in our power’ to protect against losing their jobs because of their personal health decisions.”

“The governor has one of the harshest mandates in the country,” said Sen. Mike Padden, R-Spokane Valley. “Even many of those who have taken the vaccine and are supportive of the vaccine effort in general are opposed to this overreaching order. It threatens our workers in state government, K-12 schools, the health-care sector, childcare, and other fields of public service with the destruction of their livelihoods.

“The governor is saying that he will end your career, take food off your table and prevent you from feeding and providing shelter for your family unless you agree to comply with his order to inject a relatively new vaccine into your body. That is an unacceptable encroachment on individual liberty that all lawmakers have an obligation to address.”

Freedom Caucus members point to a lack of legislative consultation and oversight of the governor’s actions. Other states’ legislatures have acted to rein in executive powers. Washington remains an outlier, having been under a state of emergency for more than 550 days with no signs of the executive branch relinquishing its unilateral control.

“This new abuse of power further confirms that the Legislature erred when it allowed the governor to continue his COVID emergency powers,” said Sen. Jeff Wilson, R-Longview. “This has resulted in cruel and harsh punishment to the citizens of Washington. The governor’s actions continue to demonstrate he has no desire to share the decision-making process by keeping other elected officials on mute.”

Underscoring the varying differences in how COVID-19 is handled around the country, state Sen. Doug Ericksen, R-Ferndale noted, “The science in Florida and the science in Washington is the same. Only the governors are different. They have much greater freedoms in Florida than Washington while health statistics are similar.  We need a legislative session now in Olympia to let the voices be heard of those who the freedoms enjoyed in other states.”

As Inslee’s mid-October deadline for forced vaccinations looms, some political allies of the governor and legislative majority are voicing their opposition, even going as far as filing a lawsuit to delay the mandate on state workers. Numerous first responders around the state and nation also are taking a similar stance in opposition to a heavy-handed vaccine mandate as a condition of employment.

“I will stand in solidarity against any vaccine mandate for our children, police officers, firefighters, medical workers, state workers and private-sector workers,” Sen. Jim McCune, R-Graham added. “I’m 100% for medical freedom and constitutional rights. The governor does not have the authority to mandate vaccines under state law. Let’s stand together against this overreach.”