Vermont State Employees Association Fires Executive Director

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The head of Vermont's second largest labor union was fired Wednesday afternoon, according to several people close to the matter.

By a vote of 10-6, the Vermont State Employees Association's board of trustees terminated the employment of executive director Mark Mitchell, who has ruffled feathers at the organization since joining it in December 2011. The vote came at the end of a day-long meeting Wednesday, much of which was conducted in executive session.

Union spokesman Doug Gibson said he would not comment on a "confidential personnel matter," but said, "I can confirm he's no longer employed at the VSEA."

Board of trustees president John Reese was more forthcoming, saying, "There was a board vote to terminate the employment of Mr. Mitchell."

An ally of Mitchell's, Reese said he opposed the move.

"The board one minute learned some allegations and the next minute voted to get rid of the guy. There was no investigation outside of the allegations," he said. "Based on the allegations that were made, it's crazy, frankly. I think it's entirely unfair and, at the end of the day, Mark will be vindicated."

Reese declined to describe the allegations. Mitchell did not immediately return a call seeking comment.

As Seven Days reported last October, six of the union's 19 staff members departed during a five-week period last fall. Four of those employees told Seven Days their departures were prompted at least in part by disagreements with Mitchell, who they said was causing irreparable harm to the organization.

The 5200-member union, which represents two-thirds of the state's workforce, has since replenished its employee ranks. 

According to Reese, no interim leader has been formally appointed by the board, which plans to meet again next Monday. However, VSEA general counsel Michael Casey has been informally tapped to head up day-to-day operations until the board takes further action.

Read more: Ousted Union Leader Defends Himself as Charges Fly

The original version of this story incorrectly reported the VSEA board of trustees vote total as 9-6. It was 10-6. Apologies for the error.

Is Rusty DeWees a Man with a Plan?

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Have you heard the one about Rusty DeWees running for Congress?

No, seriously.

In recent weeks, the actor and comedian better known to Vermonters as "the Logger" has been talking up the notion that he might run for public office — potentially for the U.S. House seat currently held by Congressman Peter Welch, a four-term Democrat from Norwich.

Asked last week whether he indeed harbored political ambitions, DeWees was circumspect — peppering his answers with plenty of "ifs," "coulds" and "mights." But he certainly didn't labor to put the rumors to rest.

"I'm all over the state. Literally, it's basically a 17-year campaign," the Elmore resident said of his comedy career. "I feel that people don't come to my shows anymore because I'm funny. I feel they come because they know me. And [running for office] would put me in a position to help all these people. So that's what's intriguing about the thought of that."

He added, "If I get five calls a week as an entertainer, how many calls would I get if I were a congressman or senator or dog catcher or fence viewer?"

So what office does the Logger covet?

DeWees said he's unlikely to run for the U.S. Senate, acknowledging that it'd be mighty tough to beat Sens. Patrick Leahy or Bernie Sanders ("But jeezum crow," he said, "they could pass away in their chair."). Nor is he interested in running for governor ("I think the governor thing seems like it's less my speed than being part of a larger group. You're not really representing Vermonters. You're making decisions for them.")

What about the U.S. House?

"If I was taking a big bite, that would be it," DeWees said. "But return to what I said: It could be dog catcher. It could be anything."

Okay, got it. Dude might run for some kind of office, someday. Maybe. So why are we writing about him again?

Well, our phone interview with DeWees took place last Friday. By Monday he was appearing on WCAX's evening interview show, "The :30," to talk about... running for office.

At least, that's what co-anchor Kristin Carlson wanted to talk about.

State's Attorney: Massage Parlor Women Will Not Be Prosecuted for Prostitution

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Local police aren't certain how to respond to revelations that Asian women in Chittenden County massage parlors were performing sex acts for money. But one thing appears to be off the table: prosecuting the women for prostitution.

Chittenden County State's Attorney T.J. Donovan said Wednesday he will not charge any women who perform so-called "happy endings" because his working assumption is that they are human trafficking victims.

"I am incredibly reluctant to ever charge the women with prostitution," said Donovan (pictured). "I view them as victims. People may disagree with me, but I just will not do it."

Instead, Donovan said he would pursue a three-pronged response to the illegal activity: looking for zoning and licensing violations at the establishments; putting landlords on notice that they could be held criminally liable; and providing assistance to any victims.

Donovan's comments followed a meeting with police officials and victim's advocacy groups Wednesday to discuss a response to evidence of prostitution at three Burlington-area massage parlors, first reported by Seven Days last week.

This Week's Issue: Parks, Prostitution, PATRIOTs and Pipes

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In this week's wood pulp-and-ink edition of Seven Days:

• Burlington's Parks and Recreation Department has struggled with management and morale problems for years. Can the new director, Jesse Bridges, right the ship?
• Following last week's cover-story exposé on prostitution in Asian massage parlors in Chittenden County, two of the establishments closed their doors, while a third is still accepting customers. Police have yet to visit any of the parlors, and seem uncertain about how to respond to what could be human trafficking. (Curiously, the adult site that listed the sexual services available at these parlors, Rubmaps.com, appears to be down).
• As downpours intensify, Burlington's storm-water system is fast becoming overwhelmed. Public works employees are working on a fix, but it could be expensive.
• And in Fair Game: U.S. Sen. Patrick Leahy is cosponsoring legislation in response to the NSA phone records scandal that would make public rulings by a secretive surveillance court. U.S. Sen. Bernie Sanders takes on ... the Vermont ski industry? And Gov. Peter Shumlin's real-estate troubles take a political turn.
• Need something lighter? How about a Segway tour, little free libraries, Revolutionary War reenactors or eating without a gallbladder?  

Shumlin Says IBM Layoffs Will Affect Vermont

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Updated below with comment from IBM spokesman

Gov. Peter Shumlin this morning confirmed what has been rumored for weeks: IBM is laying off workers nationwide — and employees at Big Blue's plant in Essex Junction are expected to lose their jobs.

Exactly how many is not yet clear. IBM is one of Vermont's largest employers. 

Shumlin put out this statement this morning:

"We heard from IBM today that sites around the United States, including the Essex facility, will be notified of a workforce reorganization that will result in layoffs.  I am always concerned when we learn that Vermonters face job losses. Our hearts go out to the affected workers and their families, and I pledge my administration's resources to help their transition.  The Vermont Department of Labor has mobilized its rapid response team and is prepared to assist all laid off workers.  

"Vermont's partnership with IBM is very important, but our state is not immune to the forces that are driving this decision in the larger organization. IBM has assured us that it remains committed to Vermont.  It will continue to invest in new and transformational opportunities that will lead to higher value for the company and its workers here.  Job losses are always hard, but it is important to remember that Vermont currently has the third-lowest unemployment rate in the country.  Many employers in Vermont are ready to hire those with the skills and education of these workers.  We will work hard to maximize the Vermont job opportunities for those who face these layoffs."

Stay tuned to Off Message for updates...

Update: 12:44 p.m.

Jeff Couture, spokesman for IBM’s Essex facility, confirms that layoffs are occurring there today but would not indicate how many workers will be let go. Couture also declined to specify the current size of IBM’s Vermont workforce.

“We’re not publicly discussing our strategic plan,” he told Seven Days.

Vermont Labor Commissioner Annie Noonan adds that the state has not yet been notified of the number of layoffs at the Essex plant. She notes, however, that a Vermont Labor Department rule requires notification within 24 hours when more than 25 workers receive pink slips. Noonan says she anticipates receiving such a notice from IBM on Thursday.

State employment officials are ready to assist IBMers who lose their jobs today, Noonan says. “Rapid-response teams” — consisting of counselors, job trainers and other specialists — will be available to help those affected, she said.

Couture is bullish on the long-term prospects for the Essex chip-making plant. “Our business strategy is sound, our products are strong,” he said. “We’re targeting fast-growing business segments, particularly wireless. Most chips we produce go into consumer apps — for example, smart phones and other mobile devices.”

“The long-term business perspective [for the Essex plant] remains positive,” the Big Blue spokesman declared.

Meanwhile, the website Alliance@IBM, which calls itself "the official national site for the IBM employees' union," is filling up with anonymous reports from people who say they've been laid off from IBM.

Editor's note: A previous version of this post incorrectly stated that the state Department of Labor had not yet been notified of the layoffs on Wednesday. In fact, the state had not been notified of the number of layoffs.

Winooski's MyWebGrocer Lands New Investor

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One of Vermont's fastest-growing tech companies has a new majority owner. Silicon Valley equity firm HGGC has acquired Winooski-based MyWebGrocer — the New York Times reported the news today on its DealBook blog; the company also distributed a press release.

In an interview in his Champlain Mill office overlooking the Winooski River, CEO and co-founder Rich Tarrant Jr., confirmed that HGGC has invested "a great deal of money" in his online grocery biz. "They are firm believers that we are on the right track,” he said. Tarrant declined to disclose the terms, but DealBook wrote that sources close to the deal confirmed it was within the $25 to $100 million range. 

Read more on the Vermont Tech Jam blog.

File photo of Brian, Rich Jr. and Jerry Tarrant by Matthew Thorsen.

Burlington Council Upholds Secrecy of Legal Memo on No-Trespass Ordinance

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As Washington debates the balance between government secrecy and citizens' right to know, Burlington city councilors argued Monday night over whether to make public their own government secret: a written opinion from the city attorney's office about the legality of a new no-trespass ordinance.

 

The councilors ultimately voted 8-5 to maintain the secrecy of Assistant City Attorney Gregg Meyer's 2012 opinion on the constitutionality of the ordinance, which authorizes expulsions from the Church Street Marketplace for unruly behavior. The vote broke along party lines, with the council's five Progressive-aligned members against six Democrats, one independent and one Republican.

The showdown centered on an amendment offered by Ward 6 Democrat Norm Blais (pictured) that effectively negated a Progressive-backed resolution calling for release of the legal opinion. Blais told the council that the issue at hand actually involved "politicians' remorse." He implied that the Progs now regretted having voted for an ordinance that the council approved unanimously in February.

The Progressives' effort to make the analysis public did stem, they acknowledged, from subsequent objections by some constituents that the ordinance violates constitutional protections. The Progs responded to those expressed concerns by asking John Franco, a former city attorney now in private practice, to analyze the constitutionality of the ordinance. Franco declared in a five-page memo dated June 4 that "this ordinance is neither lawful nor constitutional."

Progs Set to Challenge Secrecy of City Memo on No-Trespass Ordinance

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The Burlington City Council is likely this evening to reopen discussion of a Church Street Marketplace no-trespass ordinance it unanimously approved four months ago.

Stricken with second thoughts about the wisdom of their votes in February, the council's four Progressive members recently asked attorney John Franco, a fellow Prog, to assess whether the ordinance gibes with the provisions of the U.S. Constitution. It doesn't, Franco concludes in a five-page memo dated June 4.

That finding conflicts with an analysis of the ordinance written a year ago by Assistant City Attorney Gregg Meyer. It argues that giving city officials the authority to ban certain individuals from the Marketplace is consistent with the Constitution. But the basis for Meyer's conclusion has not been revealed to the public. City Attorney Eileen Blackwood says the document's contents come under the heading of "attorney-client privilege" and must thus be treated as confidential.

The Progs got permission from Blackwood's office to share Meyer's analysis with another attorney — Franco.

The four Progressive councilors are offering a resolution at this evening's meeting calling for Meyer's memo to be made public. "We need it to be out there so there can be an open debate," City Councilor Rachel Siegel said in an interview on Sunday.

In response, Blackwood said it would be "inappropriate" for her to comment on the Progs' resolution. Asked how the document's secrecy squares with Mayor Miro Weinberger's stated commitment to transparency in city affairs, Blackwood responded, "If we want to be transparent on something like this, someone has to give me direction" on when the claim of privilege should not be asserted.

The Scoreboard: This Week's Winners and Losers

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Who won the week in Vermont news and politics? Not nearly as many as those who lost it, according to this week's diligently researched and poll-tested Scoreboard.

Check 'em out below and leave your additions and subtractions in the comments section:

Winners:

Jerry Dodge — Gov. Peter Shumlin on Wednesday promised to sell East Montpelier's most famous 16 acres back to his neighbor. Now all Dodge needs is a damn lawyer. Runner-up winners: Reps. Kurt Wright and Patti Komline, who struck just about the right tone in their Wednesday press conference calling on Shumlin to help all the Dodges of Vermont. The Republican reps were wise to mask their political attack as a policy proposal — and to keep the crazies of their party well away from the podium.

Vermont ski slopes — They killed it this year. With 4.5 million skier visits, this was the dankest season since 2001, according to the Vermont Ski Areas Association.

Magic Hat — An armistice has been declared in the war of beers divisible by the number three. In a joint statement issued Thursday, South Burlington-based Magic Hat and Kentucky-based West Sixth indicated they've settled their differences, with the latter company retracting a number of hopped-up statements. So who won? As the Burlington Free Press' Sally Pollak noted, West Sixth appears to have removed a star-like symbol from its logo that was totally wigging out Magic Hat. VICTORY!

Losers and ties after the jump...

Morning Read: Harper's Takes on Burlington F-35 Basing

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First came the Boston Globe. Now comes Harper's. 

Writing on the magazine's new Heart of Empire blog, Harper's contributor Andrew Cockburn has a tough new assessment of the Air Force's proposed basing of F-35 fighter jets in Vermont, casting the cities of South Burlington and Winooski as victims of Eisenhower's famed "military-industrial-congressional complex." (In the final version of his farewell address, Cockburn explains, Ike took out the word "congressional" so as not to piss off his pals.)

Cockburn, it seems, is no fan of the F-35, writing that it "encapsulates in one airframe the full flowering of bloat, corruption and decay attendant to the defense system."

Nor does he think much of the liberal Vermont politicians who support it. 

"While Senators Leahy and Sanders, Congressman Peter Welch, Vermont governor Peter Shumlin, and Burlington mayor Miro Weinberger have belied their purportedly progressive principles in bringing in the F-35's, local citizens have fought back," he writes.

Unlike Brian Bender's piece in the Globe two months ago, Cockburn's piece doesn't include much in the way of new reporting, but if you want to get all riled up about the F-35 or the dreaded military-industrial-congressional complex, you should give it a read here.