The Washington Post published a very telling article yesterday on the status of Living Wage legislation in Fairfax County. It detailed the on-going struggle to get the Democratically controlled Board of Supervisors to follow the lead of Alexandria and Arlington and pass this important legislation. So what's the delay you ask?Fairfax officials, citing an opinion from County Attorney David P. Bobzien, say they lack the authority to impose a living wage without approval of the General Assembly.At the core of his (Bobzien's) opinion was Dillon, the doctrine named for John Forrest Dillon, chief justice of the Iowa Supreme Court, who authored the 1868 ruling that localities are limited to those powers expressly granted, or implied, by the state.
That might make sense at first glance. But the Dillon Rule has not prevented other VA localities from passing living wage ordinances. Why?
Arlington adopted a living wage on the strength of the General Assembly's 2000 amendment to the state purchasing law. It allowed local governments to evaluate competitive bids on the basis of "best value," or their overall combination of price and quality of service.
The Living Wage Campaign correctly points out that this amendment to the Public Procurement Act makes living wage legislation legal "because higher wages produce higher quality goods and services." Well that's pretty much a no-brainer right? Not to Jerry Kilgore apparently (emphasis mine)...
in December 2002, then Virginia Attorney General Jerry Kilgore issued an irrational advisory opinion claiming that local governments lack the authority under the Dillon Rule to enact living wage laws because doing so would have no impact on the quality of goods or services procured.This opinion conflicts with basic economic theory, and not surprisingly, six months later, Arlington County ignored the opinion and unanimously enacted a living wage law. Additionally, in 2004, the Virginia General Assembly rejected legislation that would have prohibited localities from enacting living wage ordinances.
But amazingly, it's this dumbfounding opinion by Jerry Kilgore that Fairfax is citing as it's excuse not to pass a living wage!
But Bobzien invoked a 2002 opinion by then-state Attorney General Jerry W. Kilgore (R) that the living wage was a matter of social or economic policy that had nothing to do with government purchasing. Because state lawmakers have never challenged the ruling, Bobzien said, Fairfax is bound by it.Fairfax Board Chairman Gerald E. Connolly (D) said supervisors have no choice but to abide by Bobzien's ruling.
To disregard counsel "could open us up to litigation that could cause serious injury to the taxpayers of Fairfax County," he said
Ok Gerry, fair enough. So, once again let's look to Arlington and Alexandria. Any lawsuits?
Arlington County Attorney Stephen MacIsaac said that since the law was passed in 2003, the county has yet to be sued by a contractor challenging it.
and from the Living Wage Campaign:
Recent examinations of the legal issue by three prominent law firms and University of Richmond law professor Ann Hodges were unanimous in concluding that localities have the authority to enact living wage requirements in order to obtain the best quality services available.Sure enough, both Arlington and Alexandria have used living wage ordinances without court challenge for several years.
So there you have it. Basically Fairfax says they can't pass a living wage ordinance because Jerry Kilgore said so! Give me a break! It should be clear that the legal opinions of Arlington and Alexandria are correct here. But of course that might not carry much weight with Fairfax officials who like to portray our friends in Arlington as radical leftists:
Privately, officials in more moderate Fairfax sometimes quip about "The People's Republic of Arlington".
I find that sentiment to be both arrogant and disgusting.
The Fairfax Board of Supervisors has a choice.
They can either stand with members the faith community, working men and women, and the thousands of their residents who have signed the petition for a Living Wage in Fairfax.
Or they can hide behind the legal opinions of Jerry Kilgore and side with the Chamber of Commerce and corporate interests who are opposed to this measure.
Their choice should be abundantly clear.
This forum is touted as being the mouthpiece for "the Progressive Community" but it's time for those who think that they are in fact progressive to take action, and not bow to the lame Republican excuse proffered by Jerry Kilgore of all people.
You would think that some reader of this site would have the courage to lend a hand for such a progressive program such as this living wage campaign.
Although I'm in Alexandria, I'd be happy to help out in any way possible (words alone are not enough).
Keep up the fight!
I lived in Fairfax County for 25 years before moving to Prince William County so I know quite a lot about Gerry and the fact that he often fails to support core Democratic Party principles.
If refusing to take the actionlegal available to him in his own county to mandate a Living Wage because his own county legal council and Jerry Kilgore offer absurd leagl "opinions" not based on fact is the best ruse Gerry can come up with and the FCDC can't field a true Dem. to oppose him -- and win -- in 2009 (or 2008 if he decides to run for Congress), then the FCDC and the grassroots volunteers need to take action to stop this madness ASAP !!!
Let us not forget why we are Democrats - and I, for one, don't believe it's to blindly follow the dictates of corporate contributors to the detriment of hard working people who need our help more than ever.
I absolutely hate using any Bushism to emphasize a point, but in the caser I'll make an exception: Either Gerry and the Fairfax County Board of Supervisors Dem. majority - and their chairman especially - are for us, Democratic core values and the working poor or they is against us.
I've met the Chairman on several occasions and he seems like a good and decent man. I know that labor has contributed heavily to him in the past, as has the Fairfax Chamber of Commerce. You can see for yourself here:
Unfortunately, it's their choice to side with the Chamber of Commerce and the Dillon Rule is their cover.
Thank you for posting this article. It is absolutely disgraceful that one of the wealthiest counties in America is actively fighting a Living Wage. With the defeat of the Living Wage bill in the State Legislature, our workers have no hope now. We must continue the fight. Keep the faith and don't surrender.
I worked as hard as I knew how for Jim Webb and his beliefs because I knew he would work even harder than I did to deliver on his promises to make those beliefs become law. There is no good reason that any elected Dem. in Fairfax County can't follow Jim's example and do the same. I'm not ashamed of Fairfax County, where I lived for 25 years -- I'm ashamed of my own party for failing to do what they know is right, and what must and can be done now.
Putting political ambitions and corporate interests, campaign contributors or not, above the needs of the working class people and the core values of our party is no virtue. If we behave like the ememy (the GOP) or if we tolerate such behaviour by our party's elected officials, it soon becomes difficult to distinguish us from the enemy.
Maybe it's time for my good Democratic friend in Smithfield, VA, to officially form his Responsibilitarian Party. Except for Jim Webb, I don't like much of what I'm now seeing from either major party. Failure to deliver on important promises is itself a disgrace.
There aren't many issues that generate enough passion in me to speak out and to take strong action. But failure of any elected official regardless of party who refuses to act in favor of a Living Wage is one of those issues.
Again, let the Democratic members of the Fairfax County Board of Supervisors follow the example of Alexandria, Arlington, and Charlottesville or just follow the Jerry Kilgore "it's my opinion" doctrine and then tell the voters before the 2009 Dem. primaries and general elections why they chose not to do the right thing.
Grassroots volunteerism is in large part about passion. My passion on this issue is simple: I'm mad as hell about my party's inaction and I won't take it any more !
Please forgive my poor typing and worse proof reading. I look forward to your comments and better ideas for reaching our Living Wage goal.
T.C.