The Indiana General Assembly overrode a Mike Pence veto Wednesday.  Never before has the legislature called a special veto session to undo an action taken by this, or any other, Indiana governor.  Lawmakers, led by the governor’s fellow Republicans, sent the message today that they make up an equal branch of government.

It took most of the day for lawmakers to meet in private, form a plan, and then carry it out in both the House and Senate where first, the governor’s veto message was read to them.  “If Hoosiers owe taxes they should pay them,” said Pence in the written message, “but when Hoosiers pay taxes that are not owed they deserve relief and the legislation does not meet that standard.”

It’s in reference to a bill that retroactively approved the collection of local income taxes in two Indiana counties where officials simply forgot to renew authorization.  Republicans pushed for the override.  “I believe, and I think many others do as well,” said Rep. Eric Turner (R-Cicero,) “that the same local taxpayers would end up paying more taxes in the future.”

Democrats fought in favor of the GOP governor.  “Condoning the unlawful collection of taxes,” said Rep. Pat Bauer (D-South Bend,) “is a terrible precedent.”

The House vote was 68-to-23 to override the veto and then it was all repeated in the Senate where the vote was 34-to-12.

Afterward the Republican leader in the Senate lawmakers will still work with the governor.  “On this one we had a disagreement,” said Sen. David Long, “and we thought a pragmatic solution was needed.”

This was a meaningful and public defeat for a governor who clearly still has some things to learn about negotiations with the General Assembly.  Mike Pence, meantime, made no public appearances Wednesday.  The only comment from the governor’s office came from his communications director who said that Mike Pence will continue to put taxpayers first.

State lawmakers will work into the evening as they wrap up the 2013 General Assembly.  They still must pass a new 2-year state budget and the tax cut it contains.

Meantime, a controversial bill was withdrawn without a vote.  The bill that opponents call the “ag gag” was the source of a spirited debate in the Indiana House when House Speaker Brian Bosma stepped in and took the bill off the table.

It’s procedural move that could mean the bill is dead.  The so-called “ag gag” would make it a crime to photograph agricultural operations without permission but opponents see it as an attempt to thwart the first amendment.   “To gag whistle blowers.  Why do we always want to do something that is outrageous?” asked Rep. Pat Bauer (D-South Bend.)  “This is something that is outrageous for this time.”

“This bill’s got the same problem as my golf game,” said Rep. Ed DeLaney (D-Indianapolis.)  “It’s not capable of being made good.  The core idea is bad.”

A milder version of the “ag gag” bill could still pass if Senate author Travis Holdman agrees to it.  He hasn’t made that decision yet.

Republicans and Democrats in the General Assembly are getting along.  If you think that’s not news, then you haven’t been paying attention for the last couple of years.

A spontaneous standing ovation in the Indiana House Tuesday was prompted by a unanimous vote.  It came on a bill authored by the GOP House Speaker, Brian Bosma and co-authored by the Democratic Minority Leader Scott Pelath.  “The Speaker and I, I think, generally agreed that we wanted to work on something together of significance,” said Pelath.

It matters because Democrats walked out of the legislative session for extended periods in each of the last two years in the effort to block controversial legislation.  Those Democrats chose Pelath to replace longtime leader Pat Bauer in the off season and the Republicans won a super majority in the 2012 election.

And now, the two leaders are appearing with members of the National Guard to explain that their bill is designed to help employers match up with trained workers with an emphasis on unemployed veterans.  20% of post-911 veterans in Indiana are unemployed.

It’s a large problem but the lack of unity in the House was a large problem, too.  “We’ve been through a rough past few years on a myriad of different issues,” said Pelath, “and thought it would be good for the institution if we could identify something that would matter and that both parties would broadly support.”

The goal is to see the applause inside the Statehouse repeated by voters outside the Statehouse.

Why did the Democrats oust Pat Bauer?

He lost the majority in 2010 and staged two failed walkouts in 2011 and 2012.  That was part of it.  He thinks it was personal, based on age, height, and appearance (the hair jokes won’t go away), and that was part of it, too.  But what Bauer doesn’t realize, or admit, is that there was an expiration date on his post as minority leader because of what he did to get it and what he did to keep it.

The leadership style Bauer maintained ever since he became the Democratic point man in the General Assembly has been rooted in fear and intimidation.   When he was first elected Speaker, supporters were assigned to sit next to members who were on the fence and look over their ballots.  Vote for Pat, or face consequences.

He’s been a micro-manager who gave others little authority and even less independence.  As an example, when Bauer was the Chairman of the House Ways and Means Committee, he handled negotiations on the budget bill.  When he became House Speaker and later Minority Leader, he still handled negotiations on the budget bill, or, for that matter, whatever piece of legislation included the most important deal in a given session.  Republican Luke Kenley seemed to be the only one from the other side who could work with him.  He wouldn’t attend most social events or even many lobbyist luncheons when Republicans were there.

He would listen in on key hearings, and he was known to call committee members (and when the Democrats were in control, chairmen) into his office for mid-hearing strategy sessions.  The stories of behind closed doors temper tantrums and shouting matches are legion.

The list of Democrats who challenged his approach is a list of lawmakers who also possess leadership skills, yet saw themselves demoted by Bauer in an effort to keep control.  Rep. Win Moses (D-Fort Wayne) was moved to the back of the chamber.  Rep. Ed DeLaney (D-Indianapolis) was removed from the Ways and Means Committee.  Rep. Chet Dobis (D-Merrillville ) lost his leadership post and had his office taken away.

The demotion that did Bauer the most damage may be that of Rep. Dale Grubb (D-Covington.)  Grubb was the caucus chairman for the House Democrats up until he returned to the floor during the 2012 Democratic walkout.  It was a tough decision for Grubb, who tried to work within the caucus to end a failed strategy.  He had reached out to GOP leaders seeking small concessions that might give Democrats a reason to come back to work, and, when Bauer rejected them, Grubb made a public statement.  As a result Bauer took Grubb’s leadership position away.

Of course, Bauer also rewarded colleagues and won support for doing so.  Notably, he appointed African Americans Bill Crawford, Charlie Brown, John Bartlett, and Greg Porter as committee chairs and gave leadership posts to two others, Earl Harris and Vanessa Summers.  That made the Black Caucus his base of support.

Bauer maintained a loyal staff, yet that might be part of his problem, too.  Fellow Democrats believe he became isolated and insulated.  Mostly they wanted input into campaign strategy for House Democratic candidates this year and tried to quietly convince him to accept advice from others.  When he refused they set out to replace him.

And when push came to shove, the people behind the movement to replace Bauer included not just Dale Grubb and Ed DeLaney, but also Charlie Brown.  The expiration date had arrived.

He should have seen this coming a long time ago.

Democrats in the Indiana House of Representatives will hold a private meeting in Lafayette tomorrow.   It’s a second attempt to produce a vote of “no confidence” in Minority Leader Pat Bauer.  Bauer is fighting back.

Rep. Bauer emptied the personal effects from his Statehouse office today.  He then returned to tell reporters that he has no plans to leave his leadership post.  Flanked by his wife and Indianapolis Representative John Bartlett, Bauer took issue with the members of his own party who are trying to convince him step down.  “They’re creating the problem and then pointing to me,” he said.  “If I say up, they say down cause there’s a lot of frustration in being in a minority.”

Bauer said it’s a rebellion spurred by outside interests who objected to the walkout he led during the General Assembly earlier this year.  But last week Indianapolis Democrat Ed DeLaney told 24 Hour News 8 it’s all about election strategy.  “What issues do we raise and how do we raise mone and raise public interest to win in November,” said DeLaney, “or at least win more than we have in the last couple of years and that’s what the dispute is about.”  DeLaney also said that “a lot of people think”  that fundraising would improve if Bauer was no longer the face of the Democrats.

The next scheduled leadership vote comes in November and Bauer says that that’s the only legal way to force change.  “I don’t think a no confidence vote at this time would be a true test of what I’m doing or where we’re going,” he said.

Tomorrow we find out if anyone is listening.  Bauer says he won’t attend the Lafayette meeting.  Other Democrats will also boycott.  21 of the 40 House Democrats must be there for the vote to be meaningful.

An unsuccessful experiment designed to change Indiana’s welfare system ended with a court ruling today.  A Marion County judge blamed both the state and IBM for problems that led to the cancellation of a billion dollar contract.

When that billion dollar contract between the state and IBM was terminated, IBM sued the state seeking $100 million dollars.  The state sued IBM, in turn, seeking $170 million.  In his ruling Judge David Dreyer said neither party deserves to win this case.

Governor Mitch Daniels didn’t like the ruling.  It’s a political defeat that amounts to one of his bigger losses.  “There will be an appeal,” said Daniels, “and we frequently win those, so let’s see what happens.”

Judge Dreyer considered the testimony of 96 witnesses along with a million pages worth of documents before deciding that the state owed IBM the relatively small amount of $12.5 million.  “Most of which is equipment, cost of equipment,” said Dreyer, “that’s been retained by the state since the contract was terminated.”

Dreyer’s ruling says it was a case of misguided government policy and overzealous corporate ambition.  House Minority Leader Pat Bauer thinks the ruling provides Democrats with a campaign issue.  “Privatizing poor relief,” said Bauer, “I mean that’s the kind of issues we need to dwell on.”

The governor, however, wants voters to believe this is a story with a happy ending.  “The goal is to fix what we found,” said Daniels, “which was an unacceptably fraud ridden, error ridden, overexpensive, paper driven welfare system, probably the worst in the country.”  He says the goal was accomplished with a contractor that was hired after IBM was fired.

Judge Dreyer previously ordered the state to pay IBM $40 million for subcontractor fees making the total judgement against the state $52 million.  The governor says the money will come out of a fund maintained for such purposes.
He said the ruling will have no effect on the state surplus.

The ongoing efforts by key Democrats to remove Minority Leader Pat Bauer are fueled by the fear that the GOP will increase its majority in the Indiana House of Representatives.  GOP House Speaker Brian Bosma says his strategy hasn’t changed as a result of the efforts, but it includes something we’ve never seen in a state representative race before:  July ads on Indianapolis television..

The ads begin airing tomorrow on behalf of Republican candidate Peggy Mayfield, a candidate in a district that includes parts of Morgan and Monroe Counties.  She is running against incumbent Democrat Peggy Welch, who is vulnerable because of redistricting.  Welch told 24 Hour News 8 that Mayfield is going to have more money than she needs.
Welch also says she will have enough financial support to win.

But it’s Pat Bauer’s plan on where to spend Democratic resources that prompted a failed attempt at a no confidence vote by House Democrats last week as well as continuing efforts to encourage him to step down.  “I’m saying that if I read it correctly,” Indianapolis Democrat Ed DeLaney said yesterday, “that he has not accepted assistance from other members that are trying to broaden our agenda and campaign effectively, then, I don’t know why he wants to continue to be the leader.”

Meantime, Republicans are targeting Peggy Welch and others in an effort to increase a majority that is already 60-40.  If the Republicans pick up 7 seats or more they would have a supermajority that would make it impossible for Democrats to walk out as they’ve done in the last two sessions of the General Assembly.  It’s the sort of benefit that can lead to TV ads in July.

Indiana House Minority Leader Pat Bauer is one of the most colorful figures in the Statehouse and the point man for Democrats for more than a decade.  But his days in a leadership position may be numbered.

Efforts to remove Bauer are continuing and those efforts come from members of his own party.  A number of key House Democrats believe that their chances in the November election will improve if Bauer is no longer their leader.

Some of those members attempted to organize a vote of no confidence on Bauer last Friday.  They were unsuccessful because too few of them were available to conduct a meeting.  That’s not the end of it, however.

Members who blame Bauer for election losses in 2010 and for a walkout strategy that failed are not about to give up.  Indianapolis Democrat Ed DeLaney says, “We’re in the minority.  We don’t have time to be fighting, so I think we need to make a decision this week as to whether Pat Bauer can continue to lead or not.”

When asked if Democrats could better raise money if Bauer’s replace, DeLaney said, “A lot of people think that.”

Attempts to reach Representative Bauer were unsuccessful.  This all started when some of his fellow Democrats tried to offer more input into election strategy a couple of weeks ago and Bauer apparently rejected their help.  Under normal circumstances there would be no leadership election until after voters go to the polls in November, but these are clearly not normal circumstances.

Governor Mitch Daniels is finished dealing with the Indiana General Assembly.

State lawmakers completed their 2012 Session over the weekend and they won’t return until after a new governor is elected in November.  Daniels told reporters today that he is not slowing down in the meantime.  Every major state agency has been instructed to come up with three reforms, improvements, or enhancements.  “We will be marching to see that those are all accomplished by our last day of service,” said Daniels.  “Everyone understands we expect to work hard and still be finding efficiencies and service improvements on our last day.”

House Minority Leader Pat Bauer, a frequent Daniels nemesis, was asked today if he will miss the governor.
He said only, “I wish him well.”

Missing Democrats in the Indiana House of Representatives were fined $1,000 again today for walking out on the right to work debate.  Republicans have a new strategy to counter the protest.

There are two right to work bills, one in the Indiana House and one in the state Senate.  The Senate bill was on hold, but if the stalemate in the House continues there will be Senate votes next week.  State Senate GOP leader David Long stepped into the right to work debate promising to take action soon on a Senate bill and even making light of potential union protests tied to the Super Bowl.  “The idea that right to work is somehow an offense to America when the vast majority of Super Bowls have been held in right to work states since its inception,” said Long, “is kind of comical.”

Meantime, labor leaders produced video of a 2006 speech by the governor in which he promised to oppose right to work.  “I’m a supporter of the labor laws in the state of Indiana,” says Mitch Daniels in the video. “I’m not interested in changing any of them, not the prevailing wage law and certainly not the right to work law.”

Only 5 Democrats came to the floor today and their leader tried to suggest that Republicans are holding things up, but indicated that Democrats may return soon if they can draft an amendment calling for a right to work referendum that would be constitutional.  “So we have experts in Washington and here who are working on one,” said Rep. Pat Bauer.