General Shinseki: We're Not Doing Right By Him, Our Veterans, or Our Nation

We got word yesterday that Eric Shinseki, Secretary of the VA resigned his position. While we could all see it coming, I’m sorry that more members of Congress asked a few questions before demanding his resignation.

The story began earlier this month when it was learned that employees of the VA hospital in Phoenix were falsifying appointment records. If a veteran asked for an appointment at any VA facility, he or she was supposed to get that appointment no longer than 14 days out; this was shortened from 30 days as a way to cut down on long delays in getting appointments.

Unfortunately cutting the expected wait time by 16 days didn’t change anything else. The reason for the long delays is simple: we have too many patients and too few providers. Middle managers did what they normally do when faced with an impossible deadline: they cheated. The cooked the books to make it seem that they were hitting their numbers when they weren’t.

There are a few articles worth reading on this: The Associated Press and today’s Los Angeles Times give a much more complex picture of this scandal.

I had to do a little digging for this information. It seems the 24 hour news cycle has reduced the story to this: The VA is incompetent, we need to find a scapegoat, and it’s news to go to the top: Eric Shinseki. Congress followed suit and began clamoring for Shinseki’s resignation. It finally became clear that they could clamor (and get on TV) seemingly forever, and a good and talented man fell on his sword.

The problem with the VA is much more systemic. In the last half of the 20th century we had wars in Europe, the Pacific, Korea, Vietnam, along with countless other small actions. In the first decade of our current century we’ve already seen wars in Afghanistan and Iraq. According to the AP article, the VA has seen a 17% increase in enrollments since 2009. Right now the VA carries 9,000,000 patients with 85,000,000 appointments per year. The VA web page shows 2,962 job openings and 746 of these openings are for doctors.

Simply put they haven’t been able to provide enough staff to cover the patients they are tasked to care for. That’s the problem.

Congress needs to provide adequate funding and prevent staffers from having to do this.

And as for General Shinseki, he deserves better than this. We owe him an apology.

San Diego On Fire

If you accessed the news in any format this past week, you’ve been hearing about wildfires in San Diego. For those of us who live here, we’ve spent at least part of the week watching the news if only to know what to say to well meaning relatives and friends who think we are toast.

Every part of our country, and indeed every part of our world, brings challenges. Maybe it’s hurricanes, or earthquakes, or tornadoes, or blizzards. Here in Southern California it’s becoming wildfires. Many found their way here out of love for the weather and the false assumption that watered lawns and full taps magically appeared.

Many also falsely assumed that any fire would be put out before it costs us anything. Since I moved here in 1995 we’ve had a few years where we’ve had fires that have gone out of control. The years 2003, 2007, and now 2014 will remind me of uncontrollable fires. They will remind me that the price of a house with a spectacular view comes with the acknowledgement that a fire may begin far away but hungers for a house with a spectacular view.

Out of good luck more than anything, my home is generally pretty safe from these wildfires. But the homes of the patients I serve are not. I’ve gotten used to the process of learning about the location of the fires and determining which of my patients are in danger. I’ve gotten used to spending hours calling cell phones hoping to find where they went after getting word in the wee small hours of the morning that they have to leave. I’ve gotten used to preparing conversations with people in the last chapter of their lives who need to understand why they can’t die at home because their home no longer exists.

Is there something I can’t get used to? Yes. I can’t get used to hearing politicians who insist that dramatic changes in weather patterns are not due to our actions. I can’t get used to those who have the ability and willingness to trash the futures of our (and their) descendents because the cost of honesty is their re-elections. I can’t get used to the fact that their ambition for wealth or power is more important than anything else.

Nancy and I don’t have children. But we do have nieces and nephews. We do have neighbors, friends, and loved ones who do. We care about the world we’re giving them. We love Southern California. We love the idea that this is a part of the world that welcomed us. We grieve that this may well be a part of the world that will no longer be liveable. We grieve that, unlike our ancestors, we cannot give to the next generation better than we were given.

We don’t see the recent fires in the context of a random event. We see them as the natural result of climate change that our leaders choose to ignore. And we see the need to elect leaders who won’t do that.

Oh, and one more thing: a few days ago I had occasion to drive through one of the areas that burned. The burned areas look like the surface of the moon but I was amazed at how few homes were lost. Part of the reason is that the homeowners followed directions to keep brush away from their homes. But we also need to give a shout out to Cal Fire for their heroism in defending these homes. It’s going to be a long, hot summer and I’m grateful they are on our side.

The Los Angeles Book Festival: Really Guys? Did You Think This Through?

For the past several years I’ve joyfully attended the Los Angels Times Book Festival. For many years it was held on the campus of UCLA but a few years ago it moved to USC. It was a weekend devoted to books, publishing, meeting authors, and just soaking up literary wisdom.

Also for the past few years I’ve gone there on a bus trip sponsored by my favorite bookstore, Warwicks here in La Jolla. A few weeks ago I learned, to my dismay, that Warwicks is cancelling the bus trip. My dismay isn’t that they are cancelling it, but why.

If you click on the “authors and performers” tab on the Book Festival page it takes you to a page that lists authors who will attend part of the festival. And then next to their name is a button to order their books through Amazon (I’m not hotlinking them. You’ll have to find them on your own). Yep, you heard it right. You can, with the click of a button, completely undercut the efforts made by Warwicks and hundreds of other independent bookstores.

I’m sure the festival will get a cut of books purchased through Amazon, and I’m sure this was a business decision. But so much of the flavor of the book festival surrounds independent bookstores and publishing houses, exactly the places Amazon is trying to kill. The festival should be promoting independents, not hastening their demise.

In fairness they later added a link to IndieBound which does benefit independent bookstores, but that still doesn’t level the field. If you click on the IndieBound tab it takes you to a page where it asks for your zipcode and gives you a list of independent bookstores in your area. If you click on Amazon it takes you to their webpage where you can order it at a deep discount and have it shipped. While it may not be the right thing to do, it is certainly the cheapest. The book I’m reading now, The Bully Pulpit: Theodore Roosevelt, William Howard Taft, and the Golden Age of Journalism by Doris Kearns Goodwin retails for $40.00 (and is worth every penny). You can buy it from Amazon for $22.60.

I won’t return to the festival until or unless they change this. I hope it’s not long.

February 13th: Did You Ever Wonder If a Date Is Out To Get You?

I’m not sure why but this date is replete with events in my life. Some of them are good, but most of them are bad. In the years to come I’m thinking of just skipping this day.

On this day in 1994 my godfather died.

On this day in 1995 my grandfather died.

On this day last year my agency, San Diego Hospice died (it actually announced it was closing but spent the next month transferring patients).

Today two of my coworkers (who are co-survivors of the death of San Diego Hospice) were laid off.

On the other hand, some good things happened. Today a friend of mine celebrated 11 years of sobriety, and the daughter of my friends Mike and Dana turn 19 today.

Maybe everyone has a date like this, but it seems that February 13th is the intersection of lots of people and events in my life.

Next year I start the sleeping pills on the night of the 12th and hope to wake up on the 14th.

The Money Chronicles Volume 9: Whatever Time Warner Calls It, It's Not Customer Service

Like many households, we get our TV content through cable, namely Time Warner Cable. We’ve been a customer of Time Warner for about 20 years. About 14 years ago we upgraded to a larger channel package, and about 10 years ago we added high speed internet. During that time the price has gone up, but we’ve made no changes in our plan in 10 years.

Last week got a letter that said our “special promotional rate” is ending and our rates will go up about 28%. But…the good news is that because we’ve been such good customers, our increase will be only 21%.

As they say on ESPN, “C’mon man!” Do they really think this is anything more than a 21% increase in our cable bill? Do they really think I’ve been enjoying a temporary promotional rate for 10 years?

We have several options other than Time Warner Cable, but I like the high speed internet and want to keep our email addresses. So the other night I did a live chat. I’m posting it here:

Nyla> Thank you for contacting Time Warner Cable. At the end of our chat you will be given the option of taking a brief sturvey. My name is Nyla and I would be happy to help you. Hi Tom! Let me access your account detaills for the same. Please allow me a moment.

Tom> Thank you Nyla. I currently get both my cable TV and my internet through Time Warner Cable. Right now I pay $96.00 per month for both. If I cancel my TV but keep the high speed internet, how much would that be?

Nyla> I understand your concern. Please allow me a moment. I see that you are having the bundled service at the discounted rates and you are planning to switch to Internet only plan in the near future. I am afraid as I do not see any new offer that can be set up on your account at his moment. However, I found a good deal of $99.99/mo for 12 months promotion. It includes all the three services as of now. I am afraid, I do not have the code to add that promotion and therefore, I am unable to confirm whether your account is eligible for this promotion. If you want I can provide you the phone number to check the eligibility and check other details available for you. Also, please note that currently your account is on extended promotion.

Tom> Yeah, that doesn’t really answer my question. How much would it be for me to get only the high speed internet access and nothing else?

Nyla> The normal rates for this bundled services are $105.99 and you are getting that at a discount of $26.00 effectively making it $79.99. As your services are bundled I cannot get the actual rates.

Tom> Why not?

Nyla> However, you are having the Standard Internet on your account. The normal rates for that alone currently are $54.99. As two services are bundled and therefore they are at discounted rates. I cannot unbundle them to see the individual charges for each.

Tom> Does that mean that if I cancel my TV cable and keep internet access, my monthly bill from you is $54.99?

Nyla> I can help you with the number to see what you might be eligible for. No.

Tom> OK, then what does it mean?

Nyla> I cannot unbundle the services to get just the Internet prices for you. There are different types of bundles available for different areas, different customers according to different plans. Due to restricted system access, I am unable to do that.

Tom> Can you connect me with someone who can?

Nyla> I request you to call the Customer Service at 1-888-892-2253. Sure. Sorry for the typo.

Tom> I’m talking with you from La Jolla, California. Just out of curiosity, where are you?

Nyla> Tom you have to call the above provided number. We are located in Western India.

Tom> OK Nyla, thank you for your time.

Nyla> Again, my name is Nyla. Thank you for chatting with Time Warner Cable. We value you as a customer and are here to assist you 24 hours a day, 7 days a week. If you would like to take a brief survey, please click on “Close” and the survey will load.

Does it appear to anyone else that Nyla isn’t really customer service, but a salesperson?

Direct TV, expect a call from me.

If You're Going to Washington, BYOC (Bring Your Own Courage)

Earlier this month the government finally reopened, once again within hours of defaulting on the debt limit. I wrote about this a few weeks ago and spoke about the lack of courage from the House Speaker. The deadlock was broken only when a vote was finally called. The House of Representatives voted 285 to 144 (87 Republicans voted to reopen). In the Senate the vote was 81 to 18. Of course this is only valid until January, but I’m sure I’ll be writing more about this later.

The lack of courage I wrote about was brought into clearer focus for me a few weeks ago. I’m currently reading [Woodrow] Wilson by A. Scott Berg. Most of us know him as our 28th President but before that he was president of Princeton University and governor of New Jersey.

In November of 1912 he was elected President. On March 1, 1913 he wrote this to his successor as governor: “The rarest thing in public life is courage, and the man who has courage is marked for distinction; the man who has not is marked for extinction, and deserves submission.”

These past few weeks we’ve found a just how rare courage can be. Congressional republicans find themselves being pulled toward confrontation and away from compromise/progress/responsibility not because they fear being defeated by a democrat in the next election but because they fear being defeated by a more conservative republican in the primary.

In other words, they are putting their own job security above the good of the country. To be fair, they have a point. You can see the latest from Sarah Palin who supports replacing moderate republicans. You may remember Sarah: she ran for Vice President in 2008 and was the candidate who didn’t know that North Korea and South Korea were different nations, and couldn’t name any newspapers in Alaska.

On the other hand, really? Are there no senators or representatives who have enough of a moral compass to put the good of the nation above their own careers?

I write this against the backdrop of someone who died earlier this month: Tom Foley.

Tom died on October 18th. He represented the 5th Congressional district of Washington State from 1965 to 1995 and was Speaker of the House from 1989 to 1995. He was defeated in 1994 by George Nethercutt who ran on a platform of term limits. George argued that Tom’s 30 years in the House jaded him to the point that he was no longer representing his district but had “gone native” in Washington DC; he promised that, if elected, he would only serve 3 terms (6 years). In 2000 he announced that he “changed his mind” and ran again. He ended his House career in 2004 when he ran for Senate and lost.

We would have done better if Tom had won. He could have been the voice of reason

The Obama/Cruz Citizen Throwdown: Chapter 2

In a recent post I spoke about citizen ship issues with President Obama and Senator Cruz (R-TX).

This doesn’t happen often, but I got a response from someone I don’t know who came across this page. I’m not sure who s/he is, but his/her screen name is “Fuzz T. Was.” I’m not able to enter a dialogue, but Fuzz T. Was makes some interesting points that I hope to accurately summarize.

A person is granted citizenship by two routes: by nature and by naturalization. A naturalized citizen is granted citizenship at some point after his birth and the rules for naturalization are governed by the nation. A natural born citizen is someone for whom citizenship is automatically granted and is beyond dispute.

In the United States a person is a natural born citizen by two routes: “Jus Soli” and “Jus Sanguis.” These are Latin terms and translate to “Law of the Soil” and “Law of the Blood.” A person who is born in the United States (states, territories, and holdings) is granted citizenship by law of the soil. Since President Obama was born in Hawaii, he is a citizen by law of the soil. A person was born outside the United States can still be a citizen if one of his/her parents was born in the United States. This person is not a citizen by law of the soil, but by the law of the blood (ie, your direct blood relative). Senator Cruz is a citizen by law of the blood because even though he was born in Canada, his mother was born in the United States. Both men’s citizenship is beyond dispute.

There is a good short article at FindLaw. If I’m reading this right, you can pass citizenship to your child through law of the blood only if you are a citizen by law of the soil or a naturalized citizen. This prevents someone who isn’t a citizen from tracing back to some ancestor who was born in the U.S. even if it was several generations back. If this is true and if someone like Ted Cruz marries a non US citizen, their children wouldn’t be citizens if they are not born in the U.S.

Fuzz T. Was, thank you for giving me the chance to think more about this.

Government Shutdown Day 11: Can We Get Some Adults In the Conversation?

Since my post last week, the only thing that appears to have happened is that the concrete encasing progress has gotten harder. There is no shortage of moving parts in this drama, but allow me to focus on one issue: why Speaker Boehner won’t allow a vote on reopening the government. Earlier in the week President Obama suggested that there were enough votes in the House of Representatives to end the budget standoff. Two days ago, on October 9th, CNN agreed with this. They reported that all 200 Democrats and 19 Republicans would vote to reopen the government without conditions. That’s a simple majority and would allow the Senate to pass it and President Obama to sign it.

But the speaker won’t call a vote. Why not? OK, I can’t read the heart of another person and I’m hesitant to assign motives without knowing the reason, but let me suggest this: Speaker Boehner won’t call a vote because he knows it will reopen the government and cost him his role as Speaker of the House. There is good reason to believe that if the government reopens because of this vote, there will be enough Republicans angry with him that they will replace him as speaker.

Really? This is all about one man afraid to lose his position? And not even his job? No matter what happens he will remain the representative of Ohio’s 8th Congressional District. If he loses his position as speaker he will lose a sweet office and lots of prestige, but nothing else.

I write this against the backdrop of tragic news: On October 6th, San Diego (and all of us) lost Captain Jennifer Moreno, a soldier who was killed in Afghanistan.

Jennifer embodied the best of what it means to be an American. She chose both nursing and the United States Army because she wanted to serve. When she joined the army she (and everyone she loved) knew this day may happen despite their fervent prayers.

What nobody expected was that the $100,000 death benefit promised to her family would be delayed because of the government shutdown. Normally the family receives this benefit within 36 hours to allow them enough money to travel to Dover, Delaware to claim, transport, and bury their loved one. Fortunately Fisher House, a charity that supports military families, will cover the expenses.

Meanwhile, the government continues to be shut down because a guy from Ohio is afraid to lose his title.

President Obama and Senator Cruz: Bet You Didn't See This Coming

I’m writing this at 5:30PM (Pacific Time) on October 8, 2013. I just googled “Barack Obama Ted Cruz” and got 112,000,000 hits. This doesn’t surprise me, but yesterday I found a common link that is still making me laughing.

I podcast Fresh Air on National Public Radio. I’m addicted because I find the interviews smart, interesting, and informative. Yesterday I listened to the podcast from October 1st where Chris Matthews was interviewed; he was plugging his book Tip and the Gipper: When Politics Worked.

Chris worked for Tip O’Neill in the early 1980s and it’s not hard to assume his political leanings. But in his interview he made a point that I’m still thinking about.

A scary percentage of the population thinks that President Obama shouldn’t be President because he was born in Kenya. They are often called birthers and claim that since he wasn’t born in America he can’t be President.

And yet they put their blinders on and support Ted Cruz. Ted was born on December 22, 1970 in Alberta, Canada. His mother was born in the United States and his father was born in Cuba.

Is he eligible to be President? Good question. Article II, Section 1 of the US Constitution says this: “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Persons be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”

In other words, nobody who has been a naturalized citizen (e.g. Henry Kissinger or Arnold Schwarzenegger) can be President, no matter how popular they may be.

But who is a “natural born citizen?” Ted Cruz can argue (and I agree with him) that he is an American citizen by virtue of being born to a mother who was born in the United States. This allows citizenship to children of military parents who serve us overseas, or parents in the diplomatic corps. This prevents Americans who serve us in other countries to have to dash home while in labor only to allow their children the privileges the rest of us take for granted.

So here’s the rub: While nobody with a brain accepts the charges of The Donald or the rest of the birthers, we don’t have to. If Ted Cruz can be President because his mother was born here, President Obama is a legitimate President because his mother was born in Kansas. Even if you don’t believe that President Obama was born in Hawaii.

Government Shut Down, Day 4: It's Officially Time to Get Angry

So how did we get here? Since October 1st the government has not granted itself the power to spend money, setting up the “government shut down” that we now face. It has meant that approximately 800,000 employees of the federal government (including my sister Lisa) cannot go to work and are not getting paid. It has meant that none of us can go to a national park like Yosemite or Yellowstone. We can’t apply for Social Security or watch the pandacam at the National Zoo.

It’s become a throwdown between members of Congress, but perhaps it bears looking at the background. The Constitution enumerates the powers of Congress in Article 1. Section 8 states that the Congress shall “have the Power to lay and collect Taxes, Duties, Imposts, and Exercises, to pay the Debts and and provide for the common Defence and general Welfare of the United States.” Section 9 states: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the receipts and Expenditures of all public Money shall be published from time to time.”

Since the 1921 Budget and Accounting Act, the President is required to submit a budget to Congress by February. If Congress passes the budget, it becomes law effective October 1st (the federal fiscal year is October 1st to September 30th). If they change it (ie, make amendments), it goes back to the President for his signature.

For much of the 20th Century this worked, but it began to fall apart toward the end of the century. As a matter of fact, it last worked in 1997. There is an excellent article in the Washington Post on this.

Since then, Congress has passed a series of “continuing resolutions” and “omnibus spending bills” that have continued funding of the government without ever developing a budget for federal spending. During that time Congress has passed all sorts of laws that have required them to spend money, including Medicare Part D.

During the administration of George W. Bush, federal spending increased from $1.86 trillion to $2.98 trillion. Much of it was devoted to national defense after 9/11 and his wars in Afghanistan and Iraq.

When Barack Obama was elected in 2008 he proposed the Affordable Care Act to expand health care to almost all Americans. It was passed by both houses of Congress and signed into law by President Obama on March 23, 2010. The Republican minority never liked this and pledged to repeal it if they had the chance. In 2012 they gained a majority in the House of Representatives but the Democrats retained the majority in the Senate and President Obama was re-elected in 2012.

Any law that is passed can be repealed, but since both the Senate and the President support the ACA, this won’t happen. The crux of the current government shut down lies in this: the Republican majority in the House of Representatives refuses to entertain a budget or pass a continuing resolution to keep the government funded unless the ACA is “defunded.” By defunding it they essentially say that whether it’s the law of the land or not, Congress will not pay for it. This has the effect of blocking the law without repealing it.

It’s a misuse of their power. Whenever Congress passes a law they make a pledge that they will pay for it, in much the same way I promise to pay for anything I charge on my credit card. By defunding a bill that was legally passed they are no better than someone who takes out a credit card with no intention of paying for what they buy.

It’s time for us to get angry and demand accountability. I understand that the Republican majority in Congress doesn’t like the ACA, but I didn’t like the Patriot Act [sic]. That doesn’t mean that I wanted Speaker Nancy Pelosi to shut down the government and put 800,000 people out of work until it was repealed.

The government needs to go back to work and the Republicans need to understand that they don’t get to hold the rest of us hostage.