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14.4.26

Vote for first four amendments, junk last one

Mostly keepers, the May 16 slate of Louisiana constitutional amendments does include one clunker. Let’s see what voters will be asked to vet.

#1 – would allow the Legislature to bypass the State Civil Service Commission in classifying jobs as civil service with protection. Presently, except as delineated in the Constitution, the Commission determines which jobs are unclassified, or those without at-will firing protection (although most, such as college faculty members, have protections equivalent to those in the classified service). Because the Commission is composed of insulated appointees and a classified employee-elected representative, historically its members become inured to backing state employees to the detriment of efficient administration. Elected legislators are the appropriate power center to determine policy of whether a job is necessary and policy-oriented enough to grant greater flexibility to executive branch officials. YES.

#2 – would create a new school district in the new city of St. George in East Baton Rouge Parish. This is nothing new, emulating what three other cities in the parish have done, of which two now outperform substantially the Parish School System. Further, the way the finances work, on a per-student basis the EBRPSS actually will be better off with the carveout. There’s no reason not to grant autonomy (it will require a majority both among state and parish voters). YES.

#3 – would eliminate three education trust funds to pay down unfunded accrued retirement liabilities and compel school districts to grant permanent pay raises to educators and staff (about $2,250 and $1,125 annually, respectively). The Constitution requires UAL pay down over the next few years to make sure the major retirement programs are solvent so for decades districts and higher education have had to pay extra to do this. By substituting in the trust fund balances, which spool out relatively small amounts of money annually for mainly non-operating spending, it relieves districts and systems from having to contribute extra to UAL reduction which then for elementary and secondary education the amendment demands conversion into permanent salary bumps. In essence, it swaps using money in small amounts for peripheral purposes spent well into the future in favor of a big and impactful one-time usage that for the next several years significantly decreases the UAL to save money and funds pay raises. All in all, it’s a tradeoff worth making. YES.

#4 – would eliminate state taxpayer subsidization of parish property taxes on inventory at a parish’s one-time election. Louisiana is one of the few states that allows property taxation on inventory, but then reimburses payers to parishes that cost state taxpayers annually hundreds of millions of dollars (although a legal change will reduce that liability over the next two decades). The amendment would allow the state essentially to bribe parishes to reduce or stop the practice with a one-time inducement and the Legislature could not further change the rules. The current practice discourages economic development and diverts tax dollars unnecessarily, so any diminution, from a siphoning of the flush Revenue Stabilization Trust Fund, would be welcome. YES.

#5 – would bump up the retirement age for judges from 70 to 75. The federal judiciary has ruled there are a number of valid reasons to impose a retirement age upon judges, and these apply in miniature to a higher retirement age. The amendment would increase the chances of bench holders encountering declination of fitness but reluctant to resign, part of having elected terms where especially in rural areas there is less potential voter interaction with a judge, that spurs incapacitation. Not raising the age would reduce the incidence of Judiciary Commission intervention stemming from declining competence. And given that the average life expectancy of men in the U.S. has declined in recent years, there’s not a great case to argue people living longer should extend out the retirement age. It should remain at 70. NO.

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