Due Process

“If you accept that non-citizens have no right to due process, you are accepting that citizens have no right to due process. All the government has to do is claim that you are not a citizen; without due process you have no chance to prove the contrary.”

This from Timothy Snyder, author of “On Tyranny.” This after multiple weeks of the current presidential administration deporting nonwhite U.S. citizens, some of whom were just out picking up a pizza, to El Salvador, a country they had never so much as visited. These people had their proof of citizenship on their person, but “immigration” authorities either didn’t look or didn’t care. I shouldn’t say “deported”; these people were sent straight to a foreign prison—charged with no crime, let alone convicted.

Let no one say this isn’t relevant to Hartford. It’s absurd to think that just because it hasn’t happened here yet, it’s not our business. Is this a platform welcoming of civics, or isn’t it? That’s the only question relevant now.

I’m old enough to remember when Joe Biden wouldn’t suspend the filibuster to pass the voting rights act. Biden and other party leaders claimed the filibuster would be useful when their party was in the minority. Well, where are they now? Are we not currently in a desperate-enough situation to warrant a filibuster until this is stopped, and reversed? Will the so-called opposition party mount any opposition whatever? Or will Bernie and AOC urge us in the next election to vote for Gavin Newsom? (A man who recently video’ed himself throwing away the possessions of people without homes.) If they’re told to endorse such a sleeze, we have reason to fear they will.

This is the danger of faux progressive efforts: redirecting real rage into useless ends. It’s why we need a viable third party. It’s why we need to not buy into the duopoly’s lie that voting third party is a wasted vote. The only way they keep their power is if everyone believes the lie.

Erik Krauss’ responses to candidate questionnaire

  • The town’s housing and homelessness committee will soon present the board with a potential survey for Hartford property owners to describe rental housing they may manage. This survey could be voluntary or mandatory. Would you vote to make this survey mandatory for property owners? Do note that, unless it’s mandatory, it’s unlikely that Hartford could adopt any rental regulations beyond the current health and safety code.

I would want to know more about objectives and the potential long and short-term consequences from both rental property owners and those advocating for a mandatory survey, a potential rental registry, and potentially regulating rental properties.  My sense is that it would be valuable for the Town to have complete and accurate information about all rental units but I don’t know enough to provide a simple answer at this point.  I would look forward to learning from the committee, Town staff, and others including economists who focus on the housing market.

  • Would you recommend Hartford alter the boilerplate police policy (the “FIPP”) to comport with the Welcoming Hartford Ordinance?

Yes.  The Town should take all possible measures to uphold the WHO, an ordinance that reflects the will of the voters.  Related to this question are others.  How a department had the authority to adopt the Hartford FIPP which is in conflict with the WHO is a matter I want to understand.  Also unclear to me is the VCJC’s interpretation of state statute concerning adoption and modification of the model FIPP.  I’m hearing that state statute, both in language and intent, was designed to allow municipalities the flexibility that the VCJC is now describing as “problematic”.  The formation of a working group between Town staff, VCJC and AG staff and a delegate of the Selectboard’s choice seems like a practical next step.

  • If faced with a proposal, like I was, to cut the road paving budget by $300,000, would you have voted in support of my motion to cut the police budget by $100,000 in order to share the cuts more equally across departments? (The $100,000 for police was slated for a staffer that had not yet been hired; it wouldn’t have resulted in a layoff.)

I would want the Town Manager’s recommendation if it came down to an either-or decision of this nature.  For example, what are the potential consequences of not funding the PD staffer position for FYE26?  I wonder if there are process improvements that could be made to preempt, avoid, or ease decision making like this in the future?  For example, why doesn’t the Town bundle road rebuilding and resurfacing projects for one or more seasons into a capital improvement project and potentially use a bond to fund that work?  And could the board communicate criteria and parameters more effectively to allow staff to determine the more granular “how” and “when” questions related to funding?

  • Would you have voted to accept the Gaza Ceasefire Resolution proposed to the board by a dedicated group of community members?

Subject to a more thorough review of the language, yes.  Yes, because by the time such a resolution reached a motion, there’s really little point in opposing it.  However, there’s a difference between expressing moral outrage and fighting to win.  I would have wanted to discuss the strategy with the community activists before the item was put before the Board, a move that I did not support.  

What can be achieved by the Town expressing its stance on the conflict using a non-binding resolution?  It carries no weight, conveys no real commitment.  To quote Aric McBay, “There’s a difference between dissidence and resistance.  A dissident believes that those in power are acting badly, that society is unjust, but a dissident doesn’t materially try to stop those things….Resisters put their beliefs into action…they work to disrupt or dismantle the social, economic, and political systems that cause injustice and exploitation.”  If, through local government, Hartford can resist injustices or bad actors (within the Town or elsewhere) I will support that resistance.  I am opposed to consuming Board and staff capacity with non-material expressions of dissidence, however.

  • Do you support the efforts of the newly formed clerical workers union in town government?

If by “support”, you mean do I think the Town should negotiate in good faith with a clerical workers union, then yes.  If there are other means of support I look forward to understanding them.

I support the recommendation of the team leading the feasibility study to form an ad hoc committee to work with the architects, Senior Center staff, and others to evaluate options and make a recommendation to the Board.  Before forming a committee, however, I would encourage the Board to survey and prioritize current Town projects and initiatives.  A committee should be formed and charged in alignment with a timeline when the Town reasonably expects to accept recommendations.  In other words, if the Town thinks the committee’s work will take 6-8 month (for example) it should not be charged two or three years before the Town could expect to act on its recommendations.

  • What would you like to see on the street level of the forthcoming Coolidge Block redevelopment?

To the extent that the Board has a voice in those decisions I would welcome the opportunity to participate in shaping that space.  That said, first I would want to learn more about the public private partnership agreement taking shape between the landowner, developer and Town and reasonable expectations for/from each party.

  • Americans often take vacations to visit societies around the world that build almost exclusively walkable areas. (It turns out that all humans love these areas.) Scholars understand that what took the U.S. in the other direction in the 20th century—actively preventing walkability—was the influence of big money interests on governments, mixed with racism. Hartford was largely built at the densities of the rest of America, car nearly always required. Would you spend your political capital to help create a truly walkable center (or three)? Would you vote to spend town money to map our water and sewer lines, so we know where we can build more densely?

Regardless of the motivation, knowing the location (and condition) of Town infrastructure seems vital to providing the services fundamental to local government.  I recall hearing about efforts to map water and sewer lines years ago.  My default position would be to fund completion of this work if it is incomplete but I would want to understand the current status and reason for suspending the work. 

Many years ago when I read “A Pattern Language” I was sold on the need to design spaces – whether dwellings, institutions, or civic spaces – for humans.  The question, however, seems to take a giant leap from brainstorming to implementation.  If this idea was on “brown paper” at a development brainstorming session, yes, I would put one of my “star stickers” on it.  But before making further commitments I would obviously want to see some level of concept development.

My questions for board candidates

As usual, writing for myself and not the board or town. Budget and Candidates Night is the night of Monday Feb 24th, 7-10pm, at the high school auditorium. I hope to see you there!

Below are the questions for board candidates that I would be keen to hear their answers on. Perhaps they could answer here. If they want to respond at greater length, I encourage them to post elsewhere and provide us a link here. Anyone who doesn’t have another place to post is welcome to email a response to me, and I’ll publish it at my website. (I would of course post a link here.)

  • The town’s housing and homelessness committee will soon present the board with a potential survey for Hartford property owners to describe rental housing they may manage. This survey could be voluntary or mandatory. Would you vote to make this survey mandatory for property owners? Do note that, unless it’s mandatory, it’s unlikely that Hartford could adopt any rental regulations beyond the current health and safety code.
  • Would you recommend Hartford alter the boilerplate police policy (the “FIPP”) to comport with the Welcoming Hartford Ordinance?
  • If faced with a proposal, like I was, to cut the road paving budget by $300,000, would you have voted in support of my motion to cut the police budget by $100,000 in order to share the cuts more equally across departments? (The $100,000 for police was slated for a staffer that had not yet been hired; it wouldn’t have resulted in a layoff.)
  • Would you have voted to accept the Gaza Ceasefire Resolution proposed to the board by a dedicated group of community members?
  • Do you support the efforts of the newly formed clerical workers union in town government?
  • Would you support at least “Option C” of the Bugbee Center proposal? (This option is a thorough remodel, short of a full rebuild.) Here’s the board packet thst contains the proposal: https://www.hartford-vt.org/AgendaCenter/ViewFile/Agenda/_02182025-2914
  • What would you like to see on the street level of the forthcoming Coolidge Block redevelopment?
  • Americans often take vacations to visit societies around the world that build almost exclusively walkable areas. (It turns out that all humans love these areas.) Scholars understand that what took the U.S. in the other direction in the 20th century—actively preventing walkability—was the influence of big money interests on governments, mixed with racism. Hartford was largely built at the densities of the rest of America, car nearly always required. Would you spend your political capital to help create a truly walkable center (or three)? Would you vote to spend town money to map our water and sewer lines, so we know where we can build more densely?

Town policy re: immigration

Hi all,

~representing my own views here and not those of the full Selectboard or town~

Wanted to let you know that at Tuesday’s board meeting, 6pm at Town Hall, we will hear remarks from the Executive Director of the Vermont Criminal Justice Council. This is the organization that drafted the state boilerplate policy our police adopted, which seems to force local police into cooperating with federal immigration authorities, despite Hartford voters’ wishes in 2020.

While it’s not warned in the agenda, I imagine there’s a chance we’ll hear from the incoming police chief, Constance Kelley, who goes by Connie, on the matter. I’m keen to learn where Chief Kelley lands on this.

The VCJC has previously alluded to their alleged power to not train or certify our officers if we alter their boilerplate. In no uncertain terms, Vermont law states that towns have the right to alter this boilerplate to prohibit cooperation with immigration authorities. I’m interested in hearing what latitude the Executive Director feels he has with jurisdictions that follow the letter and spirit of state law.

Remember that you can also witness/participate in the meeting via Zoom over your dinner, or simply write an email to the board and/or town manager.

Zoom link for meetings: 

https://zoom.us/j/549799933

Email to reach all board members: selectboard@hartford-vt.org

Town Manager: jhaverstock@hartford-vt.org

It doesn’t look like the board will vote on Tuesday, so this will be a question for the new board in March. I, for one, will be recommending the police adopt a policy that follows the Welcoming Hartford Ordinance and not the state boilerplate.

Making immigrants, queer/trans people, and the disabled into unworthy “others” in our society was the start of a much darker time in history past. But let’s be clear: this didn’t start under Donald Trump. Joe Biden’s monthly average deportation was 57,000 humans, every month across his presidency. In his first month, Trump has deported 37,660. So let’s oppose this… but let’s not forget we oppose it no matter who’s doing it. Let’s keep the same keen eye and open critique on a Democratic president if there should be one later.

Sticking out our own necks to protect our neighbors, all our neighbors, is the foundation of a society.

Hartford and our local anti-ICE ordinance

The situation I learned about today (Monday) appears, at best, an egregious violation of voter sovereignty. At worst, we in Hartford government are not following rule #1 of the advice in the pamphlet “On Tyranny”:

1. Do not obey in advance. Most of the power of authoritarianism is freely given. In times like these, individuals think ahead about what a more repressive government will want, and then offer themselves without being asked. A citizen who adapts in this way is teaching power what it can do.

Below is a post I made to the local list-serv. It’s date-stamped with references to an upcoming board meeting, but that’s what web-logs are, right? A moment in time? The content will remain important regardless when you read it. Onward:

If you care about how federal immigration law is being enforced in Hartford against our neighbors, you would do well to attend Tuesday’s Selectboard meeting, from 6pm to roughly 9 at Town Hall. It’s promising to be a spicy one, as the board will likely find some time to discuss the Welcoming Hartford Ordinance and how it is being enforced here. Or not enforced, as the case may be.

Wait, you thought we had already secured a Welcoming Hartford? Well, so did I! Ever since I joined the elected board—for whom I am not speaking, by the way—I’ve been regaled with this ordinance as part of why “we’re among the most progressive communities in the country,” especially including policing. However, on Monday, I and the rest of the Selectboard learned that Hartford PD has so far refused to alter a state-standard boilerplate policing policy to allow for the Welcoming Hartford Ordinance (WHO) to fully take effect. How long has this been the case? I’m not sure! Perhaps since it passed four years ago!

For background: the WHO basically describes that local police are prohibited from working with ICE and other federal agents to target, for civil immigration cases, any undocumented neighbors we may have in Hartford. Voters approved the ordinance in 2020 in a wide-margin vote, 1842 to 1177 votes.
Monday, I heard about ICE agents asking for identification at our Greyhound bus stop in White River Junction. Your neighbors may not be protected like you thought they would be with the WHO.

It would appear, according to a September memo from the police chief that the Selectboard was forwarded today, that Hartford police policy still leaves open the door to collaborating with ICE. This is despite legal analysis from ACLU and others that appears to show a department would be fully lawful in following the ordinance, at both the state and federal levels. ACLU-VT seems to have found that the state specifically provided for towns, if they so choose, to enact laws like this. While I’m not an attorney myself, if this is true then any retaliation from the state law enforcement body (such as refusing to train our officers, a specter someone raised today) could be challenged on this basis.

I, for one, believe that not following the wishes of voters—and worse, not informing them of that decision—disqualifies Hartford PD from being described with the term “progressive.” In our search for the next Chief (the outgoing one is departing soon), we should ensure all candidates for the role will revise this state boilerplate to comport with the ordinance our voters fought for.

I’m also curious who else in town government knew about this internal decision, since the board only learned of it Monday. Did officers joke among themselves that “the WHO isn’t actually enforceable anyway,” and laugh all the way to the bank? For what it’s worth, I think it’s more accurate to say that police are defunding *us* than to say the converse. When the board was attempting to make ends meet in the budgeting process this winter, I said I wouldn’t vote for a budget that cuts $300,000 from what the roads department wanted while not cutting anything from what the PD wanted. I proposed that, if we have to cut that much from roads, then we should also cut $100,000 from PD: a sum described to me earlier that evening as being for an as-yet-unhired position this year. (That’s right—an expansion.) With our current board, I didn’t get a “second” for this proposal; no one else would call for a vote. Perhaps that’s because of the idea of a “progressive police department.” Perhaps it’s time to lay that fallacy to rest and to make the department into something the majority of us can stand behind. Starting with the WHO.

If you wish to voice that you don’t appreciate your vote being thwarted by a non-attorney staffer’s legal analysis, which itself is contested by the analysis of attorneys who serve as directors of state-wide legal organizations, then I wholeheartedly encourage you to attend Tuesday’s meeting and say something.

Last but not least: for anyone still wondering why it’s important to work to defend our neighbors in this way: the current U.S. president is apparently giving ICE the latitude to “deport” Native Americans who don’t speak English well. (Think about that for a minute, and how clearly it reveals ICE as a race-based endeavor.)

To Ms. Abetti, the following article shows that last year, 72% of ICE arrests were of someone with a criminal record. This year, only 52% are. So Trump’s ICE is being measurably less choosing of whose lives they upend.

https://www.nbcnews.com/news/latino/ice-trump-deportations-numbers-rcna188937

And: standing up against shenanigans like these hardly means “a country without borders.” If you’d like to discuss ICE and the most moral response to it, we should probably do so without the presence of “straw men” arguments.

What town depts will cut back (and by how much)?

It’s budget-creating season at Hartford town hall! Budgets that department heads submitted to the town manager, who altered slightly and submitted to us on the selectboard, were ideal budgets that would have resulted in an 11% overall budget increase. We couldn’t have that, so we asked the department heads to make cuts. The cuts that came from that effort paint a picture of the priorities of the folks who prepared this budget. What efforts by the town are being asked to sacrifice the most, or the least? Are they your priorities? Let’s find out!

I broke down the cuts presented to the board this week into percentages of the overall department expenditure these cuts would come out of. I say department “expenditure” and not “budget” because I have also attempted to factor in revenues that departments produce on their own. So the percentage cuts I list below (that is, PROPOSED percentage cuts) for each department more closely reflect what taxpayers are paying to fund that department—not just the budget of the department.

As you’ll see below, I found the Department of Public Works is bearing the brunt of the cuts with 17%. The IT department and Parks and Rec follow. Granted, a good chunk of DPW’s cuts is due to moving a large truck purchase from its budget into a proposal for using funds Hartford has collected over the years in a “local option tax” (LOT) account. (The proposal on the table, which will go to voters, is for some of this to fund vehicles for PD, FD, DPW, and Parks.)

If we remove LOT-funded vehicles from the equation, DPW would be asked to cut in the neighborhood of 11% while police would be cutting 0% (since its cuts would be entirely covered by the LOT). This 11% cut would largely come from the paving budget. I work with paving contractors like BlakTop often in my day job; they are ready to take Hartford’s contracts, should we budget for them.

But let’s talk just straight percentages, i.e., not disregarding vehicles to be funded with LOT. Parks and Rec would face a 9.46% cut compared to the PD’s 2.28%. Planning and zoning, the driving force behind the 300+ housing units built here in the last year, would face a 3.68% cut.

I will say that whenever election season rolls around, voters seem to shout from the rooftops that they want us to focus on the physical infrastructure of the town. As you may know, DPW oversees that. Many of these voters might like to see the police budget cut before DPW’s. I would count myself among them.

Here are the data for the cuts. I show my work for it on my website, brandonsmith.com. As always, this has been my personal opinion; I’m not speaking for the town or the board as a whole.

– Boards and commissions: 14.25% cut (relatively small budget)

– Town Manager’s Office: 28.37% cut, primarily due to the exclusion of funding a new facilities manager position next year

– Town Clerk: 1.53% of its cost as a proposed cut. That said, most of this department’s work we are obligated by state law to fund.

– Financial management: 0.43% cut (relatively small budget)

– Assessor’s office: 1.29% cut (relatively small budget)

– IT Department: 15.61% cut

– Police Department: 2.28% cut (100% of which would be restored if voters approve spending local option tax proceeds on vehicles)

– Fire Department: 5.27% cut

– Department of Public Works: 17.70% cut

– Community Health: 60.48% cut. (This seems to be because we are spreading out the cost to town funds outside the general fund, not because we are eliminating the position.)

– General Appropriated Services: 74.60% of its cost as a proposed cut. This is due to our assumption that, until we receive petitions, we are not funding Advance Transit (to whom we grant ~$98K/yr), nor Hartford Historical Society (to whom we grant ~$10K/yr). In my opinion we should assume both these worthy organizations will receive enough petitions to restore their funding, and plan for these expenses.

– Parks and Recreation: 9.46% cut

– Planning and zoning: 3.68% cut (relatively small budget)

Showing the work below. Please pardon the formatting, which isn’t entirely consistent throughout; it was more of a “note pad” for me, but hopefully still legible as a way to check my data.

  • Boards and commissions (Dept 115): $7,876.83 out of $55,276, or 14.25% of its cost as a proposed cut.
  • Town Manager’s Office (Dept 121): $210,547.28 out of $742,047.64, or 28.37% of its cost as a proposed cut, primarily due to the exclusion of funding a new facilities manager position next year.
  • Town Clerk (Two budget departments): $1,100 plus $2,750 (subtotal $3850) out of budgets that have $26,671.00 plus $340,782.41, (subtotal $367,453.41 offset by $98,000 of fees and $17,700 of permits and licenses is $251,753.41 it costs us to run the department), or 1.53% of its cost as a proposed cut. That said, most of this department’s work we are obligated by state law to fund.
  • Financial management (Dept 171): $2,000 out of ($476,633.02 minus $8,627 in fees collected is $468,006.02 cost to run the department), or 0.43% of its cost as a proposed cut.
  • Assessor’s office (Dept 174): $3,950 out of $307,008.00, or 1.29% of its cost as a proposed cut.
  • IT (Dept 181): $78,707.48 out of $504,073.50, or 15.61% of its cost as a proposed cut.
  • Police Department (Dept 211): $95,000 out of $4,298,641.34, minus revenues of 110,000; 5,000; 6,500; 5,500; 9,000; 1,000, with a subtotal of $4,161,641 cost of the department, means 2.28% of PD’s cost to taxpayers as a proposed cut.
  • Fire Department (Dept 221): $114,001 plus $114,494 that they’re declining to transfer to reserve accounts for future truck needs (subtotal $228,495) out of ($5,270,175.26 minus revenues of 40,000, 100, 160,000, 2,000, 700,000, 35,000, 50 for a cost to run the FD of $4,333,025.26), or 5.27% of the cost to run the FD as a proposed cut.
  • Department of Public Works (Many budget departments): $300,000 plus $50,000 plus $280,000 (Subtotal $630,000 of cuts) out of budget departments with budgets of $1,671,576.85; $879,501.96; $78,000; $52,000; $22,500; $591,000, and $264,043.68. (Subtotal DPW budget of $3,558,622.49, with negligible revenues.) That’s 17.70% of DPW’s cost as a proposed cut.
  • Community Health (Dept 412): $51,977 out of $85,947, or 60.48% of its cost as a proposed cut. (This seems to be because we are spreading out the cost to other funds, not because we are eliminating the position.)
  • General Appropriated Services (Dept 425): $108,096 out of $144,896, or 74.60% of its cost as a proposed cut.. This is due to our assumption, until we receive petitions for this funding, that we are not funding Advance Transit (to whom we grant about $98K/yr every year), nor Hartford Historical Society (to whom we grant about $10K/yr every year). In my opinion we should assume both these worthy organizations will receive enough petitions to restore their funding, and plan for these expenses, rather than assume they won’t receive enough signatures.
  • Parks and Recreation (Many budget departments): $40,040.63 plus 2,421.03 plus 111.40 plus 75,000 plus 27,000 (subtotal proposed cuts $144,573.06), cut from budgets of $368,538.56 plus 125,684.03 plus 508,979.34 plus 7,962.50 plus 63,275 plus 400,823.82 plus 13,800 plus 104,352.56 plus 100,520.00 plus 371,565.83 plus 28,938.07. (Subtotal parks & rec budget $2,094,439.71, less revenues of 35,000; 2,000; 275,000; 15,000; 10,500; 75,000; 105,000; 25,000; 500; 7,000; 14,000; 2,000, totals cost to run parks & rec of $1,528,439.) That’s 9.46% of Parks & Rec’s cost as a proposed cut.
  • Planning and zoning (Many budget departments): $11,065 plus $7,500 (subtotal $18,565) out of budgets of 511,782 plus 15,500 plus 500 plus 8,265 (subtotal $536,047, less revenues of 17,000; 2,000; 10,000; 1,200; 890, totaling cost to run dept of $504,957), or 3.68% of planning & zoning’s cost as a proposed cut.

*This doesn’t account for cuts that will become proposals to voters to approve spending money we’ve been collecting from the local option tax. This may or may not get approved by voters, but at any rate, all large departments have asks in there so trying to factor this in helps less when trying to compare departments.
**Some departments have negligible extraneous budget departments they oversee. I generally didn’t include these in calculations.