Coyote Blog

Just as Republicans were starting to successfully cast themselves as an alternative to blue state COVID totalitarianism, Republicans in Texas decide to dabble in a bit of creepy statism themselves.  I am going to stay away from the abortion issues involved (a policy that has served me well for decades on this blog), but I do want to address the enforcement mechanisms in the law.  From Zero Hedge:

One provision that makes the law unique is the fact that private citizens will be allowed to sue providers and anyone involved in "facilitating coverage", which could mean people who drive others to the abortion clinic could be found liable in court to losses of at least $10,000. The ACLU says this provision "actively encourages private citizens to act as bounty hunters".

It is good to see the ACLU weighing in on the bad aspects of this enforcement mechanism, though it is telling we have never heard a peep out of them when this same private bounty hunting enforcement mechanism has been used in numerous California laws aimed at leftish goals (eg the dysfunctional ADA lawsuit mess and sue your boss laws, both of which substitute private bounty-hunting litigation for what normally would be state regulatory enforcement actions).

At least in the California laws, the litigant had to actually be a somewhat interested party (eg disabled or an employee of the firm).  Texas has unleashed the equivalent of Cuban block captains on their citizens.

This is a terrible precedent.  Conservatives who are really passionate about abortion may not be able to see it, but I can easily imagine this applied to all sorts of awful rules.  How about lawsuits for $10,000 for any parent that drives a kid to school that is not wearing a mask?  How about a $5,000 lawsuit by any citizen against someone who idles their car too long and thus destroys the planet?   Conservatives are handing the Left a gift with this enforcement precedent and we could all be suffering under it soon.

When I argue with folks about the irrationality of certain COVID NPI mandates, eg masks and lockdowns, their ultimate argument when their backs are up against the wall is this:  the government and/or the "experts" would not have mandated these interventions if they did not make sense.  The purpose of this and several following posts is to explain exactly why  they might, or more particularly, why certain government mandates might make sense for government officials even when they make sense for no one else.

Briefly, the case against masks

There are people I talk to that assume that the entire history of science consists of a march towards more and more certainly that public masking is essential to stopping respiratory disease spread and that the only people who oppose this NPI are doing so because Donald Trump or the Baptist Church told us to oppose them.  But there are actually really good reasons to be skeptical of masks as a mandated NPI for this respiratory disease:

• The body of public health research prior to 2020, on balance, held that public masking (and large scale lockdowns, btw) were not effective and generally not recommended (at least once the outbreak is past a very small group).  A good roundup of the studies is here.
• People usually respond to this by saying, well, you wouldn't want your surgeon to operate on you without a mask.  Of course, this use case comparison is absurd, since standing next to someone in line at Walmart for 60 seconds is not really anything like hovering over someone's open incision for 3 hours.   But it turns out that the scientific support for masks even in surgery to reduce post-op infection is surprisingly equivocal.
• The weave of your mask looks to a COVID virus approximately what a chain link fence looks like to a mosquito.  It is not stopping the virus itself.  And this is even before discussing the total lack of sealing against the face I see on pretty much every mask.  And the fact that many people are reusing the same mask for days.
• The argument is thus made that the mask is stopping saliva droplets.  But we have known pretty much since last March that droplets don't spread the disease.  Droplets end up on the floor, not floating around for hours.  The disease is spread best by aerosols, and masks are only marginally effective at blocking these aerosols
• Everything I have said above is EXACTLY what the CDC has said for years.  Here is their info-graphic, still up on their web site.  (Here is a copy I have archived in case they ever take it down: understanddifferenceinfographic-508 )
• A case can be made that masks can make spread worse.  Imagine being on a plane for 4 hours and you have COVID.  Before you ever even get on the plane, you mask is saturated with COVID virus and moisture.  You then spend the entire flight blowing COVID-laden aerosols out through the mask like bubbles from a bubble wand.

Incentives of Government Agencies

But within weeks of the start of the pandemic in 2020, government agencies like the CDC threw out all this history and decided to mandate masks.  Masks were mandated for people outdoors, even when we knew from the start that transmission risks outdoors were nil.   Officials are still mandating masks for children, who have lower death rates from COVID than the flu and despite a lot of clear research about the importance of facial expressions in childhood development and socialization.  Officials are even starting to mandate masks for the vaccinated who, if they are not effectively immune from the disease, are nearly perfectly immune to hospitalization and death from the disease.  So why?

One needs to remember that the officials of government agencies like the CDC are not active scientists, they are government bureaucrats.  They may have had a degree in science at one time and still receive some scientific journals, but so do I.  Dr. Fauci has seen about the same number of patients over the last 40 years as Dr. Biden.  These are government officials that think like government officials and have the incentives of government officials.

I will take the CDC as an example but the following could apply to any related agency.  Remember that the CDC has been around for decades, consuming billions of dollars of years of tax money.  And as far as the average American is concerned, the CDC has never done much (at least visibly) as we never have had any sort of public health emergency when the CDC had to roll into action.

If you think this unfair, consider that the CDC itself has recognized this problem.  For years they have been trying to expand their mandate to things like gun control and racism, trying to argue that these constitute public health emergencies and thus require their active participation.  The CDC has for years been actively looking for a publicly-visible role (as opposed to research coordination and planning and preparation and such) that would increase their recognition, prestige, and budget.

So that is the backdrop.  And boom - finally! - there is a public health emergency where they can roll into action.  They see this new and potentially scary respiratory virus, they check their plans on the shelf, and those plans basically say -- there is nothing much to be done, at least in the near term.  Ugh!  How are we going to justify our existence?  Tellingly, by the way, these agencies and folks like Fauci did follow a lot of the prior science in the opening weeks -- for example they discouraged mask wearing.  Later Fauci justified his flip flop by claiming he meant the statement as a way to protect mask supply for health care workers, but I actually think that was a lie.  His initial statements on masks were correct, but government agencies decided they did not like the signal of impotence this was sending.

There was actually plenty these agencies should have been doing, but none of those things looked like immediate things to make the public feel safer.  Agencies should have been:

1. Trying to catalog COVID behavior and characteristics
2. Developing tests
3. Identifying and testing treatment protocols
4. Slashing regulations vis a vis tests and other treatments so they could be approved faster
5. Developing a vaccine

If we score these things, #1 was sort of done though with a lot of exaggerated messaging (ie they communicated a lot of stuff that was mostly BS, like long covid or heart risk to young athletes).  #2 the CDC and FDA totally screwed up.  #3 barely happened, with promising treatments politicized and ignored.  #4 totally did not happen, no one even tried.  #5 went fabulously, but was an executive project met with mostly skepticism from agencies like the CDC.

Instead, the CDC and other agencies decided they had to do something that seemed like it was immediately affecting safety, so it reversed both years of research and several weeks of their own messaging and came down hard for masks and lockdowns.   And, given the nature of government incentives, they had to stick with it right up to today, because an admission today that these NPI aren't needed risks having all their activity in 2020 questioned.

Incentives for Government Officials

Pretty much all of the above also applies to the incentives of government officials.  Our elected officials of both parties, but particularly the Democrats, have been working to have the average American think of them as super-dad.  Got a problem?  Don't spend too much time trying to solve it yourself because its the government's job to do so.  Against this background, the option to do nothing, at least nothing with immediate and dramatic apparent potency, did not exist.  We have to do "something."

It might have been possible for some officials to resist this temptation of action for action's sake, except for a second incentive.  Once one prominent official requires masks and lockdowns, the media began creating pressure on all other government officials.  New York has locked down, why haven't you?  Does New York care more than you?  We had a cascade, where each official who adopted these NPI added to the pressure on all the others to do so.  Further, as this NPI became the standard government intervention, the media began to blame deaths in states with fewer interventions on that state's leaders.  Florida had far fewer COVID deaths, particularly given their age demographics, than New York but for the media the NY leaders were angels and the Florida ones were butchers.  For a brief time terrible rushed "studies" were created to prove that these interventions were working, generally by the dishonest tactic of cherry-picking a state with NPI mandates that was not in its seasonal disease peak and comparing it to another state without NPI mandates that was in the heart of its seasonal peak.  (We are, by the way, starting to see a similar cascade around the most recent delta-driven mandates -- just today a random Arizona county with no uptick in COVID hospitalizations just required indoor masking for the vaccinated).

And then the whole thing got polarized around party affiliation and any last vestige of scientific thinking got thrown to the curb.   Take Chloroquine as a possible treatment protocol.  Personally, I have not seen much evidence in its favor but early last year we did not know yet one way or another and there were some reasons to think it might be promising.  And then Donald Trump mentioned it.  After that we had the spectacle of the Michigan Governor banning this treatment absolutely without evidence solely because Trump had touted it on pretty limited evidence.  What a freaking mess.  In addition to giving us all a really beautiful view of the hypocrisy of politicians, it also added another great lie to the standard list.  To "The check is in the mail" and "I will respect you in the morning" is now added "We are following the science."

Incentives for the Public

I won't dwell on this too long, but one thing COVID has made clear to me is that a LOT of people are looking for the world to provide them with drama and meaning.  The degree to which many folks (mostly all well-off white professionals and their families) seem to have enthusiastically embraced COVID restrictions and been reluctant to give them up has just been an amazing eye-opener for me.

Incentives for Businesses

Many businesses have been caught up in the politicized virtue-signaling, making a big deal of their support for or opposition to various NPI.  But even without this political element, businesses were always going to be conservative and mandate a lot of this stuff if for no reason than to avoid liability.  If politicians are worried about blame from the media for deaths if they did not mandate every intervention their neighbors required, just think what a corporation worries about.  Any tort lawyer worth their salt can get a jury to blame a customer or employee death, without evidence, on a company that somehow did not follow the CDC advice of the microsecond.

Next Episode

In our next episode, I will discuss the role of poor selection of metrics for crazy government interventions.  Spoiler alert -- focusing on cases via positive readings on an overly sensitive test has led to a LOT of the most recent wave of stupidity.

I know most of you (and I as well, most of the time) are perfectly happy to have the IRS just shut down.   Unfortunately, when one runs a business, there are certain things that have to be done through the IRS, particularly when setting up or reorganizing a new business.  One of my companies made a pro forma request (a subchapter S election) in a request to the IRS dated August 4.  Today, on May 27, I received the one page confirmation that it had been processed.  Unfortunately, I requested the IRS do some more critical things in December, and I am now worried that if there is a FIFO queue then I may have to wait another 4+ months for these to be completed.  The worst of these is we changed our name, and we submitted the change to the IRS to update our FEIN records.  Unfortunately, every time we try to open a bank account or a do a state registration they come back and deny our application because right now the IRS computer shows a mismatch with our FEIN and our new name.  It takes hours and scads of paperwork to explain what is going on every time, making even the smallest things really hard to do.

I want to thank David Hogg for this remarkably honest explanation for why he wears a mask when it is completely unneeded.

While others may not be doing it strictly to avoid looking Conservative, I do think that many young people wear them because they don't want to be mistaken as somehow anti-social or a Neanderthal.

When I am pressured to put a mask on despite having been fully vaccinated 8 weeks ago, I feel like I am signaling as well -- I am signaling that I am a rube who is meekly knuckling under to an irrational state.  It is certainly an eye-opener to see so many of the supposed members of the counter-culture marching in lockstep with state authority.

• I found the immediate arguments about filling the Supreme Court vacancy literally seconds after the announcement of her death to be extremely distasteful.
• I think the idea that she somehow betrayed her supporters by not retiring when a Democratic President was in office with a Senate majority is outrageous.  Court justices shouldn't be in the mode of actively managing the Court's ideological makeup.  That's a political process.  And yes, I say this despite the fact that I would not choose to have the Trump-McConnell axis filling the Court.
• I know several young people who looked to her as a role model, which in the judiciary likely puts her in a Venn diagram circle of one person (unless someone is selling a set of 9th circuit trading cards that I have missed).
• As with most libertarians, I liked some of her decisions and disagreed with others.  Of the latter, Kelo (in the majority) and Citizens United (in the minority, fortunately) stick most in my mind as betrayals of individual rights in the face of expanding government power.
• I think people would be surprised (given the tone of media coverage of the Supreme Court) how many decisions are 9-0
• The way we focus on the Supreme Court almost solely through the abortion lens is frustrating to me.  Can't we have a second Supreme Court, whose job is just to twiddle the abortion knob and the original can be left alone to handle the 99% of the other business the Court addresses?

I am not going to take a position on COVID-19 severity now, if for no other reason as I am not an expert and I think its fine not to clutter the debates about virus responses too much with non-experts (though it is wrong, as discussed below, to censor experts who have heterodox opinions).  I am convinced COVID-19 is "not just the flu" but when I see the governor of Texas being told that there will be a million deaths in Texas alone if there is not a hard quarantine there -- well, I am skeptical.  Like with global warming, the full denier and total alarmist positions are likely both wrong -- with a lot of bad data analysis in the media along the way.  I have decided to focus on the latter.  So here are a few random thoughts:

• The data we have sucks, and thus any conclusions we are drawing mostly suck too.   The data is worse than just being incomplete or bad -- if it was randomly distributed, we could live with that.  But the lack of test kits and how we have deployed the few we have means that the data is severely biased.  We are only testing people who are strongly symptomatic.  If there is a normal distribution of outcomes from this disease, we are only testing on the right side of the distribution.  We have no idea where the median is or how long the tail is to the left side of asymptomatic outcomes.  The only thing we absolutely know about the disease is its not as deadly as the media is portraying as we are missing hundreds of thousands of cases in the denominator of the mortality rates.  The media has also been terrible about reporting on risk factors of those who died.  When a bunch of people died suddenly in Seattle, one had to read down 5 paragraphs into the story to find that they were all over 70 in an old-age home.  Or when prime-of-life people die, facts such as their being type 1 diabetics -- a known severe risk factor for this virus (and one that makes it different from the flu) are left out.
• The media is constantly confusing changes in measurement technique and intensity with changes in the underlying progress of the virus itself.  Changes in case numbers have as much to do with testing patterns and availability than they do with the real spread of the disease.
• While COVID-19 is likely worse than the normal flu, our perceptions of how much worse are strongly affected by observer bias.  Frankly, if every news broadcast every night spent 15 minutes reciting flu deaths each day, we would all be hiding in our homes away from flu.  They present a healthy man in his thirties dying clearly as the tragedy it is, but the spoken or unspoken subtext is, "this is abnormal so this thing is much worse."  But it seems abnormal because we do not report on the very real stories of healthy young people who die of the flu.  My nephew who was 25 years old and totally healthy with no pre-existing conditions died of the flu last month -- and no one featured this tragedy on the national news.
• The data we are getting sucks worse because the media has decided, as one big group, that for our own good they are going to limit all facts about the virus to only the bad ones.  There is a strong sense -- you see it on Twitter both in Twitter's policies as well as Twitter group attacks -- that saying anything that might in any way reduce one's fear of the disease should be banned for our own good.  One of the more prominent examples was Medium removing an article NOT because it was proven wrong but because it took one side of a very open question and it was obviously decided it was "unsafe" to allow that side to even be aired.
  
  This strikes me as a terrible precedent and one with a very slippery slope.  We have had to fight this attitude for years in the climate debate, the bad idea that good science is unacceptable if it gets to the wrong answer.
• The media is never more dangerous than when it understands a little about a scientific topic.  After 40 years of engineering experience with feedback phenomena and exponential effects like positive feedbacks, the media suddenly thinks its the expert now and needs to lecture me that I don't really understand the power of exponential spread.  They are right that exponential disease spread with a highly transmissible virus is dangerous, but their 3rd grade math understanding is so simplistic it makes me scream.  Yes I understand the growth math, but I also understand that the same growth math says that a single bacteria colony in a month of growth should consume the whole Earth and a single chunk of plutonium that fissions indefinitely could destroy the planet.  But neither happens because there are brakes on the doubling process in later iterations.  I don't know in the case of COVID-19 if these brakes are strong or weak, but showing me mindless doubling trees is just insulting.
• Many of the computer model results I am seeing make no sense to me.  I am exhausted with people talking about computer models as if they are some fact, rather than a really opaque calculation on some researcher's set of non-transparent hypotheses.  The only way I respect a computer model is if someone presents it this way, "If X, Y, and Z are true, and you assume A and B, then this model shows what the result might be, with some large error ranges."  Add to this the fact that most modelers run a range of models based on a range of inputs that yield a range of outputs, and then the media picks the most extreme of all these outcomes and presents it as "the model results of experts" without even showing the range of other outcomes.  Arnold Kling wrote something I nodded my head to about COVID-19 and data modelling:

Once you build a model that is so complex that it can only be solved by a computer, you lose control over the way that errors in the data can propagate through the model. For me, it is important to look at data from a perspective of “How much can I trust this? What could make it misleadingly high? What could make it misleadingly low?” before you incorporate that data into a complex model with a lot of parameters.

• It will be interesting to see if anyone goes back to the models making the national news today and reconciles them to actual results.  Certainly no one ever does this in the climate debate, so I am not holding my breath.
• Frankly, I am done with the Precautionary Principle.  This does not mean I am against taking precautions, even strong and expensive precautions, against bad things.  But I am done with the notion that one should ignore the costs of these precautions and not make sensible tradeoffs.  This is even true when trading off the risk to life on one hand with reduction of economic outcomes on the other.  This is in part because reduced economic activity has real effects on human misery and has direct correlations with lifespan and well-being.

Update:  This is exactly the kind of thing I would like to see more of.  Kudos to 538.  When people rattle off ridiculous figures, it causes me to tune out.  I take this seriously.

I am perfectly willing to believe that some school districts somewhere have spending too low to ever provide the education we expect in 2019.  But after sending my kids to a private school that did a fabulous job with kids and whose tuition was lower per student than the spending in most public schools, I have become suspicious of pleas for more and more money.  It seems that lack of money is ALWAYS the claimed problem at public schools.

In fact, I am increasingly convinced the problem is not lack of money but how the money is spent.  As the percentage of staff in most public schools who are administrators rather than teachers climbs over 50%, many public schools are doing exactly what every other government bureaucracy does -- starve spending for actual public services in favor of feeding a growing, increasingly well-paid administrative staff.

Here is this week's example.  Via Zero Hedge:

The Baltimore Teachers Union (BTU) has set up a donation page on their website to raise money and supply classrooms with fans this school year because of 60 Baltimore City School (BCS) buildings don't have air conditioning.

"It's no secret that Baltimore's students have had to weather the spectrum of extreme temperatures in their classrooms. We've all seen the photos of kindergarteners sitting in their coats and mittens at their morning circle. The reverse is true when school is back in session at the end of summer, when schools' internal temperatures have been measured at over 100 degrees. The Baltimore Teachers Union knows that educators' working conditions are students' learning conditions," BTU said on the donation page under the title "Donate to the BTU Fan Drive."

You see this all the time -- teachers begging the public for donations to help them through shortages of basic school supplies.  The blame is always put on public funding -- obviously Baltimore public schools are starved for cash and forced to beg for simple infrastructure items like fans.  But wait:

Of the 100 largest school systems based on enrollment in the United States, the five school systems with the highest spending per pupil in 2017 were New York City School District in New York ($25,199), Boston City Schools in Massachusetts ($22,292), Baltimore City Schools in Maryland ($16,184), Montgomery County School District in Maryland ($16,109), and Howard County School District in Maryland ($15,921). Maryland had one additional school system in the top 10, making it four of the top 10 school systems in the United States.

In the public recreation field, I call this borrowing from the infrastructure.  Infrastructure maintenance and spending is starved in favor of richer deals for growing administrative staffs.  That is why most major parks agencies have billions of dollars in deferred maintenance.  Transit agencies apparently do the same thing.

Prostitution is a person selling sexual services of their own free will.  Trafficking is a form of kidnapping and slavery, when someone is forced to provide sexual services by someone with power over them.

All or even most prostitution is not trafficking, but many in the media and political sphere use these two a synonyms.  I have seen it all week surround the Robert Kraft bust for seeking a private happy ending even before his team played in the Superbowl.   I see this as a victory of traditionally anti-prostitution folks on the Right who have found a way to take advantage of a division on the Left, and specifically a division within feminism, to rebrand prostitution and bring some folks on the Left over to their side.

I am not an expert on feminist politics, but what I do know is the prostitution has created a divide among feminists.  You remember the old abortion chant that feminists wanted the government to keep its laws off their body?  That what a woman did with her body was an eminently private affair and should not be subject to government regulations?  Well, feminists who followed up on this thought in a consistent manner generally supported legalization of prostitution.  Bans on prostitution were seen by these folks as just another example of the male-dominated system limiting women's choices and ability to make money the way they choose.

On the other side more modern feminists see everything through the prism of male power over women.  This is the "all sex is rape" group and for them prostitution has nothing to do with women's free will and everything to do with yet another channel through which men objectify and dehumanize women.  From here it's only a small step to thinking that all prostitution is slavery.  And thus by attempting to rebrand prostitution as trafficking, the Right found new allies on the Left in their campaign against sex work.

Those who read me a lot know I come down on the side of women being able to exercise choice, and I think the only real dehumanizing going on is the denial by modern feminists of any agency among most women.

But real abusive trafficking certainly exists.  How much of prostitution fits this category is impossible to really know as a layman because the media and activists do so much to blur the line in their reporting.  But I will say this:  To the extent trafficking exists, it is not enabled by society somehow being soft on prostitution, in fact it is enabled by the opposite.  By making prostitution illegal, we give unscrupulous people leverage to abuse those in sex work.  Women being abused by men at, say, Wal-Mart have many legal outlets to air their grievances and seek change or compensation -- no one talks about trafficking in Wal-Mart greeters.  But abused sex workers cannot go to the legal system for redress of abuse because they themselves are treated as criminals in the system.  Contributing to this is our restrictionism on immigration.  This is why many real trafficking cases revolve around the abuse of immigrant women, because abusers know these victims have not one but two impediments to seeking legal help.

For a short time 5-10 years ago I thought we might be near a breakthrough in softening the penalties on women voluntarily seeking to make a living through sex work.  Now, my optimism has dimmed.  The success the Right has had in enlisting parts of the Left in rebranding all prostitution as slavery has polluted discourse on this issue and means a lot of women will still be left outside the law.

Via Overlawyered, check out this story unfolding in West Virginia:

Last year’s attempt by the West Virginia legislature to impeach and remove from office several members of the state’s supreme court effectively ended when the state supreme court ruled the impeachment proceedings were unconstitutional. (State ex. rel. Workman v. Carmichael) Now members of the legislature have moved to withhold judicial retirement benefits unless that decision is overturned.

Hat tip to WV Clean Elections for the news article

Under SB 398 as amended yesterday by the House Judiciary committee, the payments for retirement benefits would cease unless Workman v. Carmichael is overturned.

I discussed the shutdown and its effects on the parks my company operates here (spoiler:  all are still open).  Shawn Regan of PERC has a good article in the National Review on the same subject:

....under new shutdown guidelines established by the Trump administration, our parks have been rightfully spared from serving as pawns in Washington’s partisan budget battles as they did in the past.

Under a contingency plan created by the administration, park officials are allowed to keep sites accessible to visitors during the shutdown with skeletal staffs, rather than being forced to close them as was the case during the 2013 government shutdown presided over by President Obama. That means many important visitor activities and park operations — from snow-coach rides in Yellowstone run by private concessionaires to guided battlefield tours of Gettysburg — can continue yielding economic benefits for the surrounding communities. This week, the National Park Service also announced it will begin tapping unspent visitor-fee revenues to bolster operations at some parks.

These new plans are attracting criticism in the familiar anything-Trump-does-must-be-bad vein. Theresa Pierno of the National Parks Conservation Association slammed the administration’s decision to keep parks open, calling it “unrealistic and dangerous,” even though the NPCA repeatedly called for parks to be reopened during the 2013 shutdown. Representative Raúl Grijalva, the new Democratic chairman of the House Natural Resources Committee, pledged to hold hearingson the administration’s decision to support park operations with fee revenues....

The Trump administration’s approach is sensible. Why unnecessarily ruin visitors’ plans or jeopardize the millions of dollars in revenue that local communities receive from park visitation? If visitation begins to pose significant health or safety concerns, the contingency plan gives park superintendents the option to close areas or shut down parks entirely, as some parks have already done.

He goes on to make the very logical point that the vast majority of BLM lands and US Forest Service lands -- whose acreage dwarfs that under management by the National Park Service -- mostly all remain open in every shutdown.  The large amounts of government staffing on NPS lands are needed to handle large visitor concentrations in small areas, something that really is not an issue in most parks in January.

Folks who have been hunting for pictures of overflowing trash cans to paint the current opening of parks as a bad idea could find just as many in the summertime on government lands when the government is not shut down.  Remember, for all the love folks want to throw at the National Park Service at these times, it is an agency that has allowed many of its parks to fall apart, with perhaps $20 billion in deferred maintenance and very little new investment in the modern infrastructure visitors are demanding.  And it has a labor model that is well suited to counting wolves but poorly suited to efficiently cleaning bathrooms and emptying trash cans even when the government is open.  This shutdown is the least of the problems faced by public recreation lands.

I think people get confused about the purpose of the government shutdown.  It is not a punishment, or a timeout, meted out by the law when Congress can't agree on a budget.  It is a mechanical (and logical) requirement that spending on certain activities stop when that spending is no longer legally authorized.  The media acts like it is supposed to be painful, and that Trump is somehow breaking the rules by making it less so.  I often criticize this President, but this is one area Trump should be applauded.  I think the wall funding issue is a dumb reason to go into budget gridlock, particularly when he had 2 years of Republican Congresses to get this done, but given the fact of the shutdown he should be applauded for attempting to reduce its impact on ordinary Americans.  President Obama, for all his reputation of caring and hope, was to my mind overly callous in explicitly trying to make the shutdown more painful for average people.

Several readers have been nice enough to write me and ask how my business is doing during the government shutdown.  As background, my company privately operates public recreation areas, mostly campgrounds, under concession contract.  We manage public lands for many different government agencies, but many of the campgrounds we run are in the Forest Service.  Typically the Forest Service (and National Park Service) must close in this and most other shutdowns.  In fact, public parks are often a significant pawn in budget battles, so much so the term "closing the Washington Monument" has become shorthand for using popular public facilities as a leverage point in spending fights (the fact that politicians always threaten to close the MOST popular public services when money is tight rather than the most useless is exhibit A in why we shouldn't trust our money to Congress).

But all the Federal facilities we operate are still open right now through the government shutdown.  The reason for this is that our company does not receive a dime from the government -- all the money goes the other way.  We operate the facilities essentially under a (very restrictive) lease.  We collect visitor use fees and then pay a bid percentage of those fees back to the Feds as our rent -- this is a huge advantage to the government as before our management they typically lost money even after collected visitor fees and now they are gaining money**.  Since the government does not have to fund these locations, and since their daily operation requires no federal employees, the parks we operate are typically not closed during government shutdowns.

Long-time readers will be familiar with one exception -- in 2013 during the Obama Administration we were forced to close during a Federal shutdown.  Originally, the agencies we work with (particularly the US Forest Service which is part of the Department of Agriculture) gave us the usual guidance, that we were to remain open.  Then, suddenly, our company and those like it were told to shut down.  When I and my trade group attempted to protest the decision with whatever official in the agency made the decision, we were told it came from "above the Department of Agriculture," which narrows the field of possible decision-makers pretty substantially.  My hypothesis, though I can never prove it, was that the Obama Administration wanted to put as much pressure on Congress as possible, and closing the Washington Monument doesn't work as leverage if some damn private company is keeping it open.  My competitors and I banded together and took the US Forest Service to court (past articles here) and were in the process of winning our case when the shutdown ended, but ever since then the US Forest Service has allowed us to stay open in shutdowns.  If you have WSJ access, they actually covered our effort here; I made an early morning appearance on Fox & Friends; Reason TV did a nice piece; and Hans Bader of the CEI was all over the story and a big help in getting the issue some visibility.

Christmas and New Years are popular times for folks to visit in places like Sedona and Florida where we run Forest Service recreation areas, and we are happy we have been able to stay open and serve them this time around.

**Postscript: This private concession management model also has a benefit in state and local budget battles, though it is slightly different.  I can tell you from loooooong personal experience that the public really does not like recreation use fees on public lands.  My taxes should pay for that!  But now, and certainly in the future, our taxes go mostly to fund programmed expenses like healthcare and welfare plus our bloated military.  Anything else is going to be starved -- which leads to the estimated $114 billion in deferred maintenance in federal / state / local public recreation areas and parks ($20+ billion in the National Park Service alone).  Seeing this happening, most of the public has become reconciled to user fees for recreation as long as the recreation fee is used to support the local park they are visiting.

To this end, one reason folks are sometimes leery about private management of these lands is they wonder if their fees are being sucked away to some corporate equivalent of Scrooge McDuck's gold vault rather than supporting operations at the park.  It's the reason I keep this chart up on our web site:

In fact, it is the government agencies themselves that often sweep user fees out of the parks and into general revenue funds.  The Arizona legislature did this for years to the state parks agency.  The result in this situation is that the infrastructure crumbles while the user fees that should be fixing these issues actually has just become another general revenue tax.  I think of deferred maintenance in government facilities -- parks, subways, roads, etc -- as a kind of shadow borrowing where government officials borrow against the infrastructure.  This borrowing is almost invisible, at least on an incremental basis, and often the debt is eventually defaulted on as the infrastructure is never repaired and has to be closed or torn down.  By putting parks under concession management, user fees can no longer be swept away from the management and maintenance of the park, and private companies can often be held accountable for poor maintenance more readily than agencies are able to hold themselves accountable.

Years ago the Forest Service wanted to eliminate car traffic in popular Sabino Canyon near Tucson, AZ, so they closed the road and asked companies for proposals to run a tram service to various stops in the canyon.  While a bit unusual at the time this service started, this is now a very common response to overcrowding in popular natural areas.  These services are typically leased as concessions, with the operator charging some sort of fee or fare from passengers, paying all expenses, and then paying the government an agreed rent in the form of a percentage-of-revenue concession fee.

In my world of campground operations, these concession fees are typically competitively bid and thus variable, but in the world of services like this one, there is a fixed list in the regulations of services and the percentage to be paid.  The problem here started because there is no item on the list for "tram operator".  So the government, in this case the local Forest Service, picked a logical equivalent from the table and told the tram operator what the percentage would be.  The tram operator set his fares based on this and his other costs and went on with business.

Flash forward many years.  The tour operator does a good job and has great reviews but the owner is a crusty guy who sometimes rubs the Forest Service staff the wrong way.  The Forest Service decides at the end of his term to compete the contract (called a permit by the FS) and give it to a non-profit.  Its not clear by the rules the FS can do this -- there are supposed to be protections built in for good-performing concessionaires who have invested a lot in the operation -- so the old permit-holder sued but the courts backed the Forest Service.

That is all back story.  This is what happened next though:

The Forest Service recently and retroactively imposed a 150% increase in a permittee’s fees for the period 2011-2015.  The Forest Service decision was based on the views of outside third party auditors it had hired to audit the agency’s fee assessments during that period.  The permit involved shuttle operations and fees were established under the Graduated Rate Fee Structure (GRFS) which sets fees based on the type of operations.  Because GRFS does not contain a classification for shuttle operations, the agency had previously categorized the operations as “Outfitting/Guiding.”  When the third party auditors reviewed the agency’s prior fees, they believed that the shuttle operations should have been classified as “Rental and Services” by the agency.

In 2016, the auditors completed their review of the prior five years of fee assessments and issued their final audit.  The permittee had paid fees totaling $99,231 for the period 2011-2015.  After changing the classification of the operations under GRFS, the auditors asserted that the permittee owed an additional $148,305 for that period.

This is really outrageous.  The mistake made was by the government -- the private operator logically trusted the numbers on his signed contract and assumed that those were the numbers he was operating under.  To retroactively charge this poor guy an enormous amount of money for a government mistake he had nothing to do with and couldn't even know about is just absurd.  Had he known the government wanted a higher fee before he actually started operations, he could have charged a higher fare to make up for it but now he can do nothing because it is all retroactive.  Its all the worse because this decision has a whiff of retribution about it given that this concessionaire took the government to court earlier over the loss of his permit.

This penalizing of a private company for a government mistake is not atypical in a government audit.  Years ago I had the Forest Service tell our company to do X and Y maintenance projects for them and that they would reimburse us for the costs (it was their responsibility but we were closer and and cheaper so it made sense).  Years later an auditor said that the FS should not have asked us to do the project that way, and that the FS had violated their internal rules.  So instead of just fixing their internal procedures or punishing those guilty in their agency they ... judged I was at fault and told me I had to refund all the money we were reimbursed for the project.  I obviously cried foul -- I told them I was authorized in writing, that I could not un-spend the money, that I had no responsibility for their internal compliance to their internal procedures, and that the error was theirs and I should not be the one punished for it.  As logical as this seems, it took me a surprisingly long time to get them to stop demanding this money back.

A few months ago I wrote:

I was among those who has opposed forced institutionalization.  The practice used to be rife with abuse, and when it was really being challenged in the 1970's it was with recent knowledge of how institutionalization for supposed mental health issues had been used in the Soviet Union as a tool against dissent.  And in a world where political partisans still routinely assign negative mental health diagnoses to their political enemies and have even suggested using mental health diagnosis-from-a-distance to unseat the current President, there is still a lot of possibility for abuse.  But seeing that most of those who would have been in state mental hospitals are now in prison or living (and dying) on the streets, I am open to having made a mistake.   I am still not sure, though, who advocates for such people who are without friends and family and would help guard against their abuse.

I understand that the general media explanation of homelessness is to blame it on the cold heart of whoever was the last Republican President in office, but it is hard for me to correlate national policy with trends in homelessness.  I am maybe 70% convinced that the closing of mental health facilities in the 70's and 80's across most cities and states was the main cause, a hypothesis born out by the high rates of mental illness recorded in most homeless populations.  This is why I think so much government spending for the homeless is wasted -- it all focuses on creating homes, I guess just because of our word choice of "homeless".  If we called them the mentally ill, or perhaps "helpless" rather than "homeless" we might investigate other approaches.

I see a number of sources nowadays trying to pin these closures entirely on tight-fisted Republican governors, and I am sure this is partly true.  But this misses an important element -- that civil libertarians had real issues with both the conduct of these institutions (e.g. One Flew Over The Cuckoo's Nest) and the fairness of the forced-institutionalization process.  Also tied up in all this were Cold War stories of Soviet Russia using institutionalization in mental hospitals as a way to dispose of dissidents.  After all, it is a short step from the totalitarian view of ideology (ie that everyone must believe, not just comply) to declaring that any deviation from the official orthodoxy constitutes mental illness.

Which leads me to this story, which got me started thinking about this again:

Marine Le Pen, the leader of the French far right has been left shocked and furious after a court ordered her to be examined by a psychiatrist to determine if she "is capable of understanding remarks and answering questions".

Le Pen, who is head of the former National Front party - now National Rally (Rassemblement National) revealed on Twitter her shock and anger at being ordered to undertake a psychiatric assessment.

The unusual summoning is in relation to Le Pen having tweeted out gruesome propaganda images from terror group Isis that showed the bodies of people having been executed by the so-called Islamic State.

In March Le Pen was charged with circulating "violent messages that incite terrorism or pornography or seriously harm human dignity" and that can be viewed by a minor.

And as part of their investigation it appears magistrates in Nanterre near Paris have ordered Le Pen to visit a psychiatrist for an expert assessment.

"I thought I had been through it all: well, no! For denouncing the horrors of Daesh (Isis) by tweets the "justice system" has referred me for a psychiatric assessment. How far will they go?!" she said on Thursday.

For some reason my small business now has to fill out three incredibly time-consuming census reports every year.  I don't know what we did to be punished in this way, but each of these (if one were truly diligent) can take more time than a tax return to fill out.

Several of the reports ask for accounting data in ways no private company keeps accounting data, such that really giving them the number they want would take hours or days of recasting thousands of accounting transactions. I try to give them something reasonable but let's just say they get exactly the quality they pay for here.

There does not seem to be any filter or limit on the amount of time government bureaucrats can demand for this cr*p.  Every bureaucrat seems to have some piece of data they think is desperately needed, so every year each of these reports gets longer and every few years another report is added.  It is particularly frustrating because the government is just going to use this data to justify regulating or taxing me more.  My forced unpaid labor is providing ammunition for the government to make my life harder.

And speaking of unpaid labor:  Last time I wrote something like this about how much I hated this data gathering (at that time I only had to fill out one of these) I had economists write me that this is really important data and without it they could not do their job.  You know what?  I don't demand economists perform unpaid labor to support my job, why do I have to provide unpaid labor to support theirs?  If this is such vitally important data, pay me for it.

NY City workers used project housing for orgies while being paid overtime.

Update:  As many of you know, my company privately operates public recreation areas.  One of our sales points vs. public management is, honest to God, that when we have a bad employee we can just fire them.

A while back Bernie Sanders proposed a plan for "government jobs for all" -- a guarantee that the government would hire you at $15 an hour plus benefits and medical care.  All a worker has to do is bother to show up each day to get paid.

The Saudis have done something similar for years.  And now that the program has been in place for a generation, no one in the country has the skills or motivation to do productive private work any more

Nobu’s challenge points to one of the biggest obstacles to Saudi Arabia’s grand economic makeover: How to put Saudis to work.

The architect of Saudi Arabia’s economic overhaul, Crown Prince Mohammed bin Salman, wants to rev up growth and create more opportunities for citizens. Companies, however, are struggling to meet the government’s demands to employ them.

For decades, expatriate workers from countries such as India and the Philippines helped sustain Saudi Arabia’s high living standards by doing jobs Saudis wouldn’t do in kitchens, at construction sites and behind store counters. The oil-rich monarchy endowed citizens with what were essentially jobs for life in the public sector, which means the labor force doesn’t always have the skills, and sometimes lacks the motivation, to fill private-sector jobs.

The pressure to meet the quotas has pushed companies to offer Saudis better salaries and shorter working hours. Some businesses, risking fines and visa troubles, hire Saudis who count on the registered workforce but just sit at home.  Abdulmohsen, an executive at a Saudi logistics company, estimated that half of the Saudis on his payroll are employees in name only.

From Market Watch, but you see the same article everywhere:

This year, like last year, Social Security’s trustees said the program’s two trust funds would be depleted in 2034.

For the first time since 1982, Social Security has to dip into the trust fund to pay for the program this year.

This is like sticking a knitting needle in my eye every time I read it.  Repeat after me:  There is no trust fund.  If it ever existed, it is gone.

OK, I will admit that it does technically exist -- there is a government account for it.  But the trust fund is full of just one asset:  government IOU's to itself.  When Social Security was collecting more money in taxes than it spent on benefits, the extra cash flowed into the trust fund.  Then Congress immediately took the cash out and spent it on... whatever, and left behind an IOU.   I suppose the government pays interest to itself on this debt, but this interest just goes back around in a circle to cover the interest that was just paid out.

Imagine you had a piggy bank where you collected money for a rainy day.  Then one day you wanted a new TV and you took $1000 out of the piggy bank to pay for it, leaving an IOU in the piggy bank for $1000.  I guess you could technically say to yourself that you still had $1000 in assets in the bank, but what good is an IOU to yourself?  I suppose you could even pay yourself interest.  You could take $20 out and then put it back in as interest.  Wouldn't that feel like progress!

This is what the government has done.  You can read numerous articles online that will say that in the case of the trust fund these IOU's are somehow different and really have value.  Here is the simplest way to think about it:  Imagine to cover benefits in a particular year the Social Security Administration needs $1 billion above and beyond Social Security taxes.  If the trust fund exists, the government takes a billion dollars of government bonds out and sells them to private buyers on the open market.  If the trust fund didn't exist, the government would .... issue a billion dollars in bonds and sell them to private buyers on the open market.  In either case, the government's indebtedness to the outside world goes up by a billion dollars.  I will confess there are some technical issues that might differ in the two cases -- perhaps there are different implications for the two approaches on the government debt limit.  But that is just a procedural issue -- in reality there is no economic difference between the two cases.  If there is no economic difference between the trust fund existing and not existing, then in my mind is effectively does not exist.

I received some documents the other day as the result of a FOIA request, and as has been my experience in past requests, a lot of stuff is blacked out that I suspect is redacted merely to protect the agency and its managers from embarrassment rather than for reasons actually allowed in the FOIA rules.  Despite President Obama's claims to run the most transparent administration in history, I believe the problems have only gotten worse over the last decade.  The Administration even limited its own inspectors' general access to information  [how the hell does one punctuate the possessive of the plural of inspector general??].

Generally I do not have the time or resources to get to the bottom of these things, but folks in Congress do.  One of the patterns we have observed in the wrangling of Republicans in Congress with the Department of Justice over the last year have been releases of documents that are initially heavily redacted, and then latter re-released with fewer redactions.  The pattern we are finding is that many of the first redactions were not justified under any of the privilege rules that exist.  They were merely things the agency did not want anyone else to know.

My favorite example comes from Eric Felton in the Weekly Standard:

Some of the questionable redactions, by contrast, are charming efforts at bureaucratic butt-covering. Lisa Page, for example, was discussing with Peter Strzok the challenge of having an intimate meeting in Andrew McCabe’s conference room, given the size of his grand new conference table. “No way to change the room,” Page texts in the version provided by Justice. “The table alone was [REDACTED]. (You can’t repeat that!)” Hmmm, what classified, top-secret, national-security information could possibly have been redacted? The blacked out bit, it seems, was a simple “70k.” The DoJ—and can you blame them, really?—didn’t want Congress to know they were in the habit of spending $70,000 on a conference table.

Ace of Spades writes, in response to a NYT article on the death of a homeless woman:

In Sunday’s NYT there is a long article about a homeless woman who lived on a grate near Grand Central Terminal. She was seemingly intelligent, a Williams grad, and had a promising future snuffed out by mental illness....

What is ironic is that the majority (probably all) of the people involved and interviewed probably support the deinstitutionalization craze that has gripped America since the 1970s. I wonder whether a firm public policy of forced commitment would have helped this woman. My suspicion is that it would have. That is not to say that our institutions were wonderful, but an all-or-nothing approach makes no sense. We have moved the mentally ill out of sometimes awful psychiatric facilities into the revolving door of the street, prison and an early death.

I was among those who has opposed forced institutionalization.  The practice used to be rife with abuse, and when it was really being challenged in the 1970's it was with recent knowledge of how institutionalization for supposed mental health issues had been used in the Soviet Union as a tool against dissent.  And in a world where political partisans still routinely assign negative mental health diagnoses to their political enemies and have even suggested using mental health diagnosis-from-a-distance to unseat the current President, there is still a lot of possibility for abuse.  But seeing that most of those who would have been in state mental hospitals are now in prison or living (and dying) on the streets, I am open to having made a mistake.   I am still not sure, though, who advocates for such people who are without friends and family and would help guard against their abuse.

The "trick":

Democrats in the state House have proposed issuing $107 billion in bonds to backfill the state’s pension funds, which are short $129 billion. Annual state pension payments are projected to increase to $20 billion in 2045 from $8.5 billion—not including interest on $17 billion in debt the state previously issued to pay for pensions.

At the request of state retirees, a University of Illinois math professor performed a crack analysis showing how the state could use interest-rate arbitrage to shave its pension costs. Under the professor’s math, the state could sell 27-year, fixed-rate taxable bonds and invest the proceeds into its pension funds. This would supposedly stabilize the state’s pension payments at $8.5 billion annually, save taxpayers $103 billion over three decades and increase the state retirement system’s funding level to 90% from 40%. Can the mathemagician make House Speaker Michael Madigan disappear too?

I am mostly going to leave highways out of this post.  Most evidence I have seen is that the numbers do not actually show highway infrastructure to be getting worse.  To the extent highways are underfunded, in my mind it is because gasoline taxes paid by drivers and meant for highway repair and construction have been shifted to grand projects like light rail that get politicians excited but carry at least an order of magnitude fewer passengers per dollar spent than do highways.

But in worlds I am more familiar with - government transit agencies and parks agencies - there has been a real deterioration of infrastructure.   Systems like the Washington Metro clearly are falling apart and most public parks and recreation areas have huge deferred maintenance accounts that are growing every year.  California State Parks and the National Parks Service alone have deferred maintenance tallied well into the tens of billions of dollars.

Most of these agencies will argue the problem is -- wait for it -- that they are underfunded by their legislatures.  But this is not the case in my experience.  My company routinely takes over public parks that some government agency said were too expensive to remain open and profitably reopens them to the public -- not only keeping up with the maintenance but paying to catch up on all the maintenance the agency let slide when it was operating the park.

The problem is that most agencies, whatever their stated public purpose and mission, tend to be run for the benefit of their employees.  I understand some but not all the reasons for this, but it is simply an observable fact that this happens time and time again.  This means that the priority is to build up large staffs with good pay and large benefits and retirement packages.   Worse, the preference is usually to build up headquarters and administrative staff, rather than staff that actually does stuff like serve the public or fix things.  When cutbacks need to occur, the priority order always is: cut maintenance first; cut field staff actually doing useful things second; cut administrative staff only in case of the apocalypse; cut benefits packages never.

Deferred maintenance is the way that agency's can borrow without transparency and without any outside authorization to do things like maintain staff in the face of cutbacks.  In effect, the agency is borrowing against the infrastructure the public has built to help fund staffing levels and benefits.  What is deferred maintenance?  It is all kind of things.  It is having one out of three toilets in a bathroom break and just roping it off rather than fixing it.  It is allowing potholes to multiply in the road without repair.  It is constantly chasing more and more leaks in an underground water line and not just replacing it.  It is an acknowledgement that all manmade things have a fixed life.   Take picnic tables.  Let's say a type of picnic table in a campground, of which there might be hundreds, lasts about 10 years.  That means a responsible person should budget to replace 10% every year.  But what if we skip a year?  No one will probably notice if some old tables slide from 10 to 11 years old, and we save some money.  But really we are only borrowing that money, because we will need to do twice as many next year.  But then we do it again the next year, to borrow more, and the bill just increases for the future.  Before you know it, the NPS has $12 billion in deferred maintenance, a $12 billion debt for which there is little transparency and no legislative approval -- and the interest on which all of us in the public pay when we have to live with these deteriorating public facilities.

I have written about this many times, but here is what I wrote about Arizona State Parks several years ago:

At every turn, [Former Arizona State Parks Director Ken] Travous made decisions that increased the agency's costs.  For example, park rangers were all given law enforcement certifications, substantially increasing their pay and putting them all into the much more expensive law enforcement pension fund.  There is little evidence this was necessary -- Arizona parks generally are not hotbeds of crime -- but it did infuriate many customers as some rangers focused more on citation-writing than customer service.  There is a reason McDonald's doesn't write citations in their own parking lot.

What Mr. Travous fails to mention is that the parks were falling apart on his watch - even with these huge budgets - because he tended to spend money on just about anything other than maintaining current infrastructure.  Infrastructure maintenance is not sexy, and sexy projects like the Kartchner Caverns development (it is a gorgeous park) always seem to win out in government budgeting.  You can see why in this editorial -- Kartcher is his legacy, whereas bathroom maintenance is next to invisible.  I know deferred maintenance was accumulating during his tenure because Arizona State Parks itself used to say so.  Way back in 2009 I saw a book Arizona State Parks used with legislators.  It showed pictures of deteriorating parks, with notes that many of these locations had not been properly maintained for a decade.  The current management inherited this problem from previous leaders like Travous, it did not create it.

So where were those huge budgets going, if not to maintenance?  Well, for one, Travous oversaw a crazy expansion of the state parks headquarters staff.    When he left, there were about 150 people (possibly more, it is hard to count) on the parks headquarters staff.  This is almost the same number of full-time employees that were actually in the field maintaining parks.  As a comparison, our company runs public parks and campgrounds very similar to those in Arizona State Parks and we serve about the same number of visitors -- but we have only 1.5 people in headquarters, allowing us to put our resources on the ground in parks serving customers and performing maintenance.  None of the 100+ parks we operate have the same deferred maintenance problems that Arizona State Parks have, despite operating with less than a third of the budget that Travous had in his heyday.

Arizona State Parks has a new Director, but its the same old story.  They have complained about deferred maintenance in the parks for years, but when times are good (and I can tell you all of us in public recreation are having visitation records the last few years) they use the extra money to add headquarters staff and pay headquarters staff more.

State Parks, which receives no state general-fund money, saw a record 2.78 million visitors come to its parks for the fiscal year that ended June 30. The agency generated nearly $17.9 million largely from park fees, another record.

The result: Black has been generous with pay for people she has brought on staff. Some salaries are up to 32 percent higher than what her predecessor paid for the same positions. And she has approved raises of up to 25 percent for some carry-over staff as more money rolls into the agency's coffers....

Meanwhlile, records show [former director Bryan] Martyn's top two deputies were paid $110,250, while Black pays her top assistant $142,000 — 29 percent more. Black brought in a new development chief at nearly $105,000, a 32 percent bump over what the position paid under Martyn.

Black also boosted the pay of the natural-resources chief, who also worked for Martyn, by 25 percent, to $84,000 a year.

State Parks payroll records show Martyn, around the time he left, had 41 staffers making more than $50,000 [incredibly this is apparently personal staff, not the total headquarters staff]. Black had 58 staff members in March making more than $50,000. Black also brought in staff at higher salaries than what Martyn paid, giving some holdovers significant raises.

An agency spokeswoman said Parks is increasingpay to recruit and retain talent, and staffers are dealing with more visitors.

Black said she also has increased the pay of those in the field.

So, as we see some really good years in public recreation, Arizona State Parks is using the extra money to pay staff rather than address fundamental infrastructure issues.   Anyone want to guess what will happen when the next downturn comes?  Will administrative pay be cut?  Will headquarters staff be cut?  Or will maintenance be cancelled and parks closed?  Place your bets.

When companies or other entities get into debt holes they cannot climb out of, their debt is restructured and perhaps partially forgiven or even bailed out, but rules are put in place to ensure more responsible financial behavior in the future.  The same needs to be true of infrastructure spending.  These agencies got themselves into the deferred maintenance holes they are in.  They cannot get out without a bailout, but we should understand that it is a bailout of these agencies and there need to be conditions attached to the funding tied responsible maintenance spending by the agency itself.

I got some attention with a post the other day about an example of something I see constantly -- government employees unwilling to admit even the smallest error.

One reason is that even as someone who runs a company that partners with government agencies frequently, I am still an outsider and a member of the general public.  And government agencies train everyone in their organizations never to give any information to the public that is not fully vetted and controlled.  Government agencies have had their training budgets slashed, but the one training everyone still gets (along with diversity training) is training on how to reveal (or really, not reveal) information to the public.

But I think there is a more important reason for this behavior, and it is one I want to spend a bit of time on in part because it is one of my favorite business topics: incentives.   There is nothing in an organization that is harder to get right than incentives.  And this is doubly true of government agencies because most government agencies don't have, or don't choose to measure, any output variables.

What do I mean by output variables?  Organizations tend to measure both what I call input and output variables.   Let's consider a sales person.  An output variable is a business result, e.g. number of units sold, number of new customers added, revenue of products or services sold, gross margin of products sold, satisfaction rating from customers.  An input variable is a measure of how well process steps leading to that sale were completed, e.g. percent conformance to pricing guidelines, number of sales calls made, number of quotes produced.  If well selected, input variables tend to lead to the output variables but they don't in themselves pay the rent.

Because I am most familiar with them, I am going to use government recreation agencies like a state parks organization as an example.  I have yet to find a government recreation agency that measures its employees primarily on output variables, e.g. customer satisfaction of park visitors, fee revenue collected at park, net income of the park, change in deferred maintenance accounts, etc.  Instead their metrics are -- at best -- based on conformance to process, e.g. was the budget completed on time, was the planning process done right, was all necessary reporting done on time, etc.  I say "at best" because most government agencies have no formal performance metrics at all.  And this is where I get to my favorite incentives / metrics topic of all -- informal performance metrics.

An organization never has no performance metrics at all. They may have no formal, written standards, but every organization has to evaluate and promote talent.  If there are no formal standards, there have to be some informal or unwritten standards that are applied.  And I would argue from my experience that even when formal standards do exist, there may still be informal standards that are more important.

One informal incentive that exists naturally in almost every organization is "don't get caught in a mistake."  On its face this is one of those incentives that seem good -- sure, I would love to have an organization where no one makes mistakes.   But many companies have found that in competitive markets, allowing this informal incentive to become powerful can spell a company's doom.  It has at least two negative effects:  it limits honest communications, because people start hiding their mistakes which in turn keeps information from the rest of the organization that may need it; and it limits risk-taking, which is necessary for most companies to survive in competitive markets, because almost everything a company does to improve contains risks.  Powerful formal performance systems are one way to limit counterproductive informal incentives like this.  But many companies also put a lot of work into their communications and culture to help employees be more open to taking risks and making mistakes.   A vast portion of my communication with my own managers and employees are on this topic.  We try to make very clear the subset of mistakes that are career fatal and where we DO want risk aversion (e.g. racism, harassment, abuse, etc) and treat everything else as a learning exercise.  My response to one of my manager's mistakes is very likely to be, "sorry, that was my fault, I did a bad job of training you (or preparing you, or whatever) for that issue."

Recognize though that all of these corporate steps to head off problems with the informal incentive "don't get caught making a mistake" have largely been lessons of the marketplace.  Time warp back to the 1950's when American companies were fat and happy and not yet really faced with scrappy global competition, and you might well have found highly risk-adverse cultures where people were afraid of being caught in a mistake.  I do not have experience at companies like GM, but I would not be surprised at all to learn that risk aversion dominated the culture and that faced with market extinction, it has spent much of the time since the 1970's trying to purge this risk aversion from its culture.

But in large part, a government organization doesn't face these market corrective forces.  If an agency becomes weak and senescent, it does not get competed into oblivion, it simply goes on and on.  Maybe it gets more tax money to make up for its inefficiency, or maybe it cuts somewhere (such as deferred maintenance in public parks) to make ends meet.   Which means that in most government agencies I have worked with, informal incentives -- particularly "don't get caught in a mistake" -- are extremely powerful.

Most people are familiar with the fact that the default government answer to anything new is "No".  But did you ever wonder why?  I have heard a lot of folks say that it is because government employees are jerks or lazy under-performers or have evil intentions.  But that is really not the case.  With just a couple of small exceptions**, people who enter government are no different than people who enter private organizations.  If they do things that seem bad, it is not because they are bad people but because their information and incentives cause them to do things we perceive as bad.  Take the case of saying "No".  Without any output metrics, most government employees have no incentive to say "yes".  There is no incentive to, say, generate 20% more visitor revenue in parks so there is no incentive to approve new visitor facilities or services that might generate that revenue.  And there is every reason so say "no".  "No" is almost always safe, particularly if one does not actually say "No" but instead say something like, "well, that is an interesting idea but we need to do X, Y, and Z intensive 20-year studies first."  There is virtually no way for any government employee to get caught in a mistake saying that.  So that is the answer most of us get from the government.

Coming back to the original question, I hope this helps explain why agency employees who don't admit error act the way they do -- they are not bad people, they are normal people reacting to a bad incentive.   Imagine in my business if I, say, reversed two numbers on one of the 25 state and local sales tax returns we file each month.  When pointed out to me, I have no problem admitting the mistake because I know it is easily correctable and that it has little to do with my true performance.  But in the government world, things are completely different.  They don't have output variables.  Executives can have full successful careers running parks where the infrastructure is allowed to fall apart, the headquarters become bloated, and visitation stagnates.  But they can be fired for getting something wrong in the process.  Not very often, but just enough pour encourager les autres, particularly in an environment where there are really no other formal metrics to override this fear.

**postscript:  I have found two ways that people who enter government are different from people who enter private business  (people are more different at the end of their careers after they have been shaped by the incentives and culture for a long period of time, but I am talking about upon entry into work).  First, people who enter government tend to prioritize security (e.g. good benefits, difficult to fire) over other aspects of employment.  Note that this just tends to reinforce the risk aversion to making or admitting a mistake even more.  Second, people who enter government tend to be more confident of government solutions to problems and more skeptical of private solutions than people who enter private business.  This latter is another reason why my company, that offers private solutions for traditional government functions, hears "no" a lot.

Our two largest Arizona public colleges are spending over $18 million in public funds just to get rid of their football coaches.

I use the words "public funds" knowing exactly what I am saying.  The schools dispute this, saying:

...no tuition dollars nor public money will fund the buyouts. Both universities have self-sustaining athletic departments

But this is total cr*p.  Money is fungible.  They can pretend that this money comes from athletic program revenues, just as certain electricity customers pay extra to say that their undifferentiated kilowatts from the grid came from a particular solar plan or windmill, but its not true in either case.  Marginal spending is paid for in the end by the marginal source of funds, and the marginal source of funds for universities is tax money.  That is $18 million that could have been spent for about anything in these public education institutions but was prioritized towards trying to upgrade the football coach.

When we operate public campgrounds, we are generally self-sufficient and can do most everything we need to do without any interaction from the government agency.  However, our contract or operating permits require that we submit and get approved an annual operating plan and a couple of other financial agreements.  Most of this is relatively pro forma because we start with the documents from the previous year and things just don't change that fast.

Last year, we had a number of areas where this did not happen.  The agencies we worked with were convulsed with staff shortages and organizational changes that meant that in many cases, there simply was nobody in the key positions that would do these tasks.

So this year, at least two of these locations have gotten staffed up and we have had good early contact with the key agency people.  However, in both cases, instead of saying something like "sorry about the poor response last year, but we had our staff transferred and then were caught short by the Trump hiring freeze which prevented us from filling these open positions for a long time", I get conversations like this:

Agency:  You did not get your operating plan completed last year.  You have a contractual requirement to get this done.  You need to do a better job this year.

Me:  Uh, I submitted the draft operating plan to your office on multiple occasions and never had a response.  Here are copies of at least 12 emails and letters with me begging for a response on our draft plan submission.

Agency:  So hopefully you can do a better job this year.

Update:  Here is my update as to why I think this happens.  Hint:  it is not because government people are bad, it is because they are normal people with bad incentives.

Name the field:  Housing, education, health care.  In most any industry you can name, the sum of the government's interventions tend to subsidize demand and restrict supply.  In health care for example, programs like Medicaid, Obamacare, Medicare, and others subsidize demand while physician licensing, long drug approvals and prescription requirements, certificates of need, etc restrict supply.

If you are wondering why, it turns out that most government regulatory processes are captured by current incumbents, who work to get the government to subsidize customers to buy their product or service while simultaneously having the government block upstart competitors, either foreign or domestic.  For example in housing, existing homeowners form a powerful lobby that limits housing supply through restrictive zoning while demanding that the government subsidize mortgage interest (as well as low-cost mortgage programs) and give special tax treatment to capital gains from homes.   The result in every industry is supply shortages and rising prices.

Yesterday, we saw another classic example.  Federal, state and local governments have spent billions of dollars over the last decades subsidizing solar panel installations in homes and businesses.  But now, they are also simultaneously restricting the supply of solar panels:

President Donald Trump is once again burnishing his protectionist bona fides by slapping imported solar cells and washing machines with 30% tariffs - his most significant action taking aim at the world's second-largest economy since he ordered an investigation into Chinese IP practices that could result in tariffs.

Acting on recommendations from US Trade Representative Robert Lighthizer, Trump imposed the sliding tariffs. Solar imports will face a 30% tarifffor the first year, then the tariff will decline to 15% by the fourth year.It also exempts the first 2.5 gigawatts of imported cells and modules, according to Bloomberg.

And... who would have guessed that Elon Musk would be on the receiving end of another government crony handout?  The patron saint of subsidy consumption will get yet another, as Tesla's solar city is currently building a large domestic panel manufacturing plant, an investment decision that makes little sense without tariff protection.