On Government Union Reforms, Present and Future

Although it (surprisingly) hasn’t made much news since, late last month a St. Louis County district court granted summary judgment to union plaintiffs who had filed suit to prevent enforcement of 2018’s House Bill 1413, which significantly reformed the way Missouri oversaw government unions in the state by adding additional reporting and transparency provisions to protect taxpayers and keep unions accountable. To put it plainly and without going into great detail, I disagree strongly with the court’s decision and hope that it doesn’t mark the end of this chapter in the story of reform.

But while the ruling is disappointing, it isn’t altogether unexpected, either. As I wrote in a paper on the subject of government union reform published earlier this year, “ongoing statutory tweaks and court interventions—driven by interests on both sides of the government–labor debate—seem likely to shape how, and whether, reforms are implemented for years to come.” Government unions weren’t going to give up their power easily even in the face of changes to the law, and it seemed reasonably clear after the lawsuit was filed that an adverse ruling was certainly on the table.

That doesn’t mean reform efforts will or should come to an end as litigation on such matters makes its way through the judicial system. In fact, there was plenty for the state still to do even before the Court’s decision on HB 1413, especially ensuring collective bargaining agreements are catalogued by state regulators, and we observed as much in the paper:

Whatever HB 1413’s eventual disposition, any oversight regime that cannot identify all the subjects of that oversight will fail to meaningfully execute its mission. Without effective oversight, the likelihood of patently illegal contract provisions rises. That’s bad for taxpayers and government workers, but it’s also bad for the rule of law.

Currently the legislature is hearing bills dealing with “paycheck protection” reforms, which we’ve talked about before and were part of HB 1413. But as the legislature takes stock of the government union landscape as it moves toward the completion of its legislative year in May, policymakers should also take a hard look at whether the state can effectively oversee any of the reforms that it’s contemplating and whether it has delegated sufficient power and resources to officials to ensure the will of the legislature is being carried out. Changing the law is fine, but a law that can’t be or isn’t enforced will be ignored.

Patrick Tuohey on KTRS

How much money should a municipality be allowed to make from fees and fines?

This morning, SMI’s Patrick Tuohey joined McGraw Milhaven on The Big 550 KTRS to discuss reports that the Missouri Attorney General is asking to be allowed to enforce portions of a 2015 law that Missouri courts initially set aside in 2016. The law at issue “set minimum standards for municipalities in St. Louis County and capped the amount of revenue they could raise in municipal court from traffic cases.” 

LISTEN: https://soundcloud.com/550ktrs/show-me-institute-reinstating-court-caps

 

A Tired Tale of Incentives

According to an article from the St. Louis Business Journal, the developers behind the Iron Hill complex (a 14-acre development with office, retail and multifamily components) are seeking more than $80 million in tax incentives. The proposed funding would come via a tax-increment financing (TIF) subsidy, a community improvement district (CID), and a transportation development district (TDD)—the trifecta of tax subsidies in Missouri.

This is a tired tale here in St. Louis; developers say they have a great idea and a great plan, and then turn to the government instead of the market to finance their idea. Government officials pick winners and losers by offering advantages to some and not others.

We can point fingers at the developers and say they should seek private investors, but they aren’t the only ones to blame. The various incentive and subsidy programs in St. Louis have created a situation where bargaining for handouts during the development process is the norm. You can’t blame developers for seeking the best deal they can get. It might be too much to ask developers not to reach for the millions of dollars offered to them; we need to get the government to stop offering!

In this particular case, there may actually be good news. Though the St. Louis City TIF Commission approved a motion for a public hearing for this project, there was some resistance from commissioners, and that’s what we need to see more of at the hearing. Good projects shouldn’t need to rely on handouts to be successful, and developers certainly shouldn’t assume taxpayer money will be gifted for private projects. Developers and government officials should allow projects to face market forces on equal footing to see which projects are truly demanded in the St. Louis market.

 

Trolley Delusions, or: How to Fill the Abyss with Other People’s Money

Sometimes, different people look at the same data but draw very different conclusions.

The head of the Loop Trolley Company, John Meyer, thinks that if policymakers don’t bail out the vintage streetcar line, bad things will happen. I look at the trolley’s situation and think that if  policymakers do bail out the line, bad things will happen.

Here’s what Meyer recently claimed in a letter to local leaders: “Inaction [in regards to bailing the trolley out again] will result inevitably in additional burdens on St. Louis taxpayers, the loss of federal funds, the destruction of a transit asset and long-term harm to the reputation of the St. Louis region.”  

Let’s consider these claims in turn.

How is it that should taxpayers not bail out the trolley, they will come to shoulder additional burdens? Perhaps Meyer thinks that the trolley tracks will have to be dealt with in some way or another, eventually, and taxpayers will have to fund that construction. Maybe Meyer is right, but that doesn’t mean bailing the trolley out is less of a burden than allowing it to languish. Moreover, without any more detail, I’m just not convinced that leaving the trolley to languish poses any additional burden to taxpayers; it costs nothing for the tracks to stay in the street.

What about the loss of federal funds? Meyer could be right about this; should the trolley shut down for good, St. Louis could lose out on future grants. But it isn’t clear that this is an unfair result. All the federal money St. Louis got to build the trolley could have gone to other, more deserving projects. There is a worthwhile project that didn’t get funding because St. Louis somehow got $34 million in federal dollars to build a novelty. One of the best ways to reduce poor spending like this is to punish those who encouraged it. (Of course, the federal granting agencies should have known better, too.) Now, if federal agencies pursue a lawsuit to recover some of the grant used to build the trolley, this money would come from agencies supported by local taxpayers. While that’s a real cost, the money would go back to federal taxpayers, some of which are, well, local taxpayers.

Meyer also claims that failing to revive the trolley will destroy a transit asset. While letting the trolley system collect dust isn’t the same as blowing it up, this is more or less true. But I’d quibble with one thing: the trolley is hardly an asset. Assets tend to be worth something, and it isn’t clear the Loop Trolley is worth much more than scrap metal. If the trolley were such an important regional asset, trolley advocates wouldn’t be begging taxpayers, again, for a bailout.

The final claim Meyer makes is that a non-operating trolley will mar the region’s reputation. This is true to a degree, but not the whole truth. The full truth is that the trolley, whether operating or not, is damaging to the region’s reputation. The trolley carries very few passengers, breaks down all the time, and is, well, pretty much a joke. How is having the trolley clanking around the loop any less damaging than having it sit quietly in a warehouse? What’s done is done.

It’s understandable that trolley proponents and employees want the line to get bailed out. But the data are clear—very few people think it’s worthwhile to ride the trolley—and there’s only one serious path forward. Here’s a hint: It doesn’t include any more taxpayer money.    

 

Beating A Dead Trolley

A plan to keep the Trolley running for four more years under Metro’s guidance received no supporting votes during a recent Bi-State Development Agency (Metro) committee meeting.  Metro had spent a month deliberating on the fate of the Trolley, with the recent vote being the latest development.

One part of the proposed plan was to allow riders to use Metro passes to pay for Trolley rides. The plan also would have used the Loop Trolley Transportation Development District (LTTDD) revenue to develop (page 3) a park-and-ride pass program to encourage—or potentially force—Loop business employees to park at a distance and take the trolley to work. If forcing people to park in inconvenient locations is the best way to get people to ride the trolley, that should tell you all you need to know about actual demand for the trolley.

Since this new plan received no support, it will not be sent to the Metro board of directors. Further, the Federal Transit Administration (FTA)—the source of the $34 million federal dollars to construct the trolley—has indicated it may sue the trolley’s tax district for $25 million. If the FTA does file suit, several  entities that benefited from the federal money, such as St. Louis City and County, the LTTDD, and University City, could be on the hook for repayment.

The threatened lawsuit combined with the trolley closing has Metro concerned about future transportation grants being jeopardized. However, sinking millions of dollars more into the trolley is a poor way to try and save face. Bad projects should be allowed to end to make way for better ones, not kept alongside them.

St. Louis County has reiterated that no additional county funds will be spent on the trolley. The question of what to do will now be passed to the LTTDD. The LTTDD board members that have commented indicated they did not know what would come next, while the mayor of the City of St. Louis would like Bi-State to reconsider. If there is a market-based solution to keep the trolley running, let’s hear it. Until then, no more taxpayer money should be spent.

 

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