Center Responds to Mis-Informed Attack by R.I. Attorney General

Attorney General Kilmartin Makes Unsubstantiated Claims and False Assertions

A.G. should seek to champion constitutional rights … not obfuscate them

Providence, RI – With the expectation the state’s top law enforcement official would work to preserve and advance the constitutional rights of his state’s citizens, the RI Center for Freedom & Prosperity, in seeking to educate public workers about said rights, responds to an intimidating statement from Attorney General that attempts to obfuscate workers free exercise of those rights.

By joining Rhode Island’s Governor in seeking to shield public employees from becoming fully aware of their recently restored rights, the state’s Attorney General made a number of unsubstantiated and false claims in a media release from his office yesterday. The Center, along with its national partner, last week launched its My Pay My Say RI public awareness campaign on the MyPayMySayRI.com website.

The campaign is designed to inform public servants of their recently restored first Amendment rights, as ruled by the U.S. Supreme Court in the landmark Janus v AFSCME decision; that workers cannot lose their job or otherwise suffer consequences if they choose not to support the political activism of their union officials by opting-out as a dues-paying member.
The target of the A.G.’s release, termed as an “outside group”, was obviously aimed at the Center and its public awareness campaign. The release, ostensibly, intended to “provide clarity” on the rights of government workers, only served to muddy the waters with a number of unsubstantiated, false, and contradictory assertions.

In claiming My Pay My Say RI  is a “campaign to misinform public sector employees,” the A.G. does not substantiate his attack by providing any evidence or even citing one specific data point that he feels is misleading.

It is false that the Janus decision “only affects … previous fair share agency fee” payers. All public employees are impacted by the Supreme Court ruling. Every worker now has the full freedom to disaffiliate and, as the AG contradicts himself in his own statement, now must affirmatively consent to paying dues.

In discussing “confusion about the rights of … public sector workers” and employees “falling victim to potential misinformation,” per reports and feedback the Center has received from the rank and file, it is union officials themselves who are disseminating misinformation, including the false and potentially illegal responses that:

  • The Janus ruling does not apply to Rhode Island or to one particular firefighter union
  • Those who may choose to exercise their right to opt-out of paying dues to their union would no longer be eligible for promotions or for overtime work
  • Anyone wishing to opt-out of union membership must wait until the end of their current collective bargaining agreement.
  • Just days ago, the Center exposed a threatening letter from a local union to its members in an attempt to coerce them to remain in their NEARI union.

“These responses by union officials – to honest questions by honest workers seeking to make the best decisions for themselves and their families – are blatantly false,” said Mike Stenhouse, CEO for the Center. “I am more convinced than ever that the public service we are providing for public servants is very much needed. It is outrageous that high ranking government officials would conspire to keep public employees in the dark. Nothing we are doing warrants a response from the Attorney General.”

There were additional problems with the Attorney General’s statement.

It is an incorrect assertion that the “outside group” (the Center’s My Pay My Say RIcampaign) is educating public employees on how to “disaffiliate from their collective bargaining units.” It is not legally possible, as far as the Center has been advised, to do what the AG suggests. The campaign does provide an option for workers to opt-out of their government designated union; but public employees, whether they choose to pay union dues or not, legally remain part of the larger collective bargaining unit. It is disconcerting that the chief legal officer of the State of Rhode Island is not aware of this legal nuance.

In no way does the My Pay My Say RI campaign interfere with the legal right for workers to to collectively bargain or for public employees to perform their often vital services, as the A.G.’s statement implies. The Center agrees with the A.G. in supporting the “critical role” of public sector employees.

Finally, the Center also agrees with the A.G. that it is “critical that (workers) seek advice… from (a) reliable source.” However, it is the information on the MyPayMySayRI.com website that is reliable. Conversely, and as evidenced in this statement, misinformation and intimidation put forth by union officials is not reliable.

In July the Governor issued a directive, advising state agencies from providing contact information of public employees from outside groups (that may want to inform them of their rights).

For more information visit the MyPayMySayRI.com website or follow us on Twitter at @MyPayMySayRI .

An SEIU postcard mailer obtained by the Center, combined with the fact that legislatively scheduled Home Care Pay Raises have not been implemented, leads to serious questions about whether or not the Raimondo administration and the Services Employees International Union (SEIU) conspired.

Center Questions if SEIU and Raimondo Administration Colluded in Delaying Home Care Pay Raises

Legislative Home Care Pay Raises Delayed.
Purposely done to aid SEIU?

Is this another case of unions and government conspiring to keep workers in the dark?

Providence, RI – An SEIU postcard mailer obtained by the Rhode Island Center for Freedom & Prosperity, combined with the fact that legislatively scheduled raises have not been implemented, raises serious questions about whether or not the Raimondo administration and the Services Employees International Union conspired to assist SEIU in making a dishonest appeal to unionize these home care providers.

The postcard, which deceptively seeks to compel home care workers to contact SEIU if they haven’t received their promised pay raises, may be further evidence of government collusion with public sector unions to keep workers misinformed.

As highlighted by the Center in its recently launched MyPayMySayRI.com campaign, incomplete and often incorrect information from unions is routinely put forth not only to its own members, but apparently also to those they are recruiting.

Did the Raimondo administration purposely delay implementing the provider pay increase so that SEIU might have a larger opening to recruit them?

Critical aspects of this story were confirmed by Center this morning after reaching out to the RI Partnership for Home Care (RIPHC), the state association that oversees the dozens of private agencies that employ over 7,000 home care providers.

Here is the timeline:

  • January – the Governor’s proposed budget does NOT include a pay raise for home care workers reimbursed by Medicaid funds
  • February – House and Senate bills introduced, establishing a process to unionize home care workers under SEIU. Hearings later conducted, bills held for further study.
  • Early June – House SubA budget (Article 13) includes 10%-20% reimbursement rate increase for home care providers
  • Mid June – General Assembly passes and governor signs budget, including home care pay raises that are to be implemented by July 1, 2018.
  • Late June – SEIU unionization bills suddenly re-appear and are quickly ushered through the General Assembly and signed by the governor
  • Early July – Governor Raimondo issues a directive to shield state worker contact information, so they cannot be apprised of their rights by outside groups
  • Mid July – RIPHC is informed by RI Department of Health and Human Resources that the legislated reimbursement increases would not take effect until at least October 1
  • Early August – SEIU officially endorses Governor Raimondo for governor
  • Late August – SEIU sends out thousands of postcard mailers, seeking to capitalize on the pay increase delay

The SEIU postcard deceptively makes it appear as if the home care agencies received the legislative reimbursement rate increases … but that that they were not passed on to the individual providers in the form of a pay increase. The RIPHC has promised its home care service providers that virtually all reimbursement increases would be passed on to them, however, the agencies have not yet received the scheduled increases.

Was this part of a grand, corrupt scheme? Further investigation is required.

“The idea that hard working Rhode Islanders would have their take home pay purposely held down so that the government can give an advantage to its SEIU special interest friends … is unconscionable,” exclaimed Mike Stenhouse, the Center’s CEO. “As I have noted before, turning over control of this industry to overly politicized and incompetent government bureaucrats is the wrong direction for our state. Why would we want to put government and unions in between patients and their home care providers?”

The Center also points out the incongruity of this “SEIUnionization” attempt and the direction that the nation is heading. After the U.S. Supreme Court decision in the landmark Janus case, which ended the unconstitutional practice of forced payments by public employees to unions, it is clear that America is moving towards more worker freedom and less governmental control over our lives. However, long-time union activists and their crony allies in the government want to move Rhode Island in the opposite direction, seeking to consolidate centralized-control and planning under political insiders and their special-interest allies.

Private Donations and Enemies of Debate

Why we do not report the identities of our donors

From shutting down free speech at events, to forcing nonprofits to publicly report the names and addresses of their donors in the hope of discouraging future contributions, there is a concerted national effort by the left to shut down open and robust public debate.

In response to repeated questions and baseless accusations about our funding sources, including inane claims of moneys received from “the Russians”, the RI Center for Freedom & Prosperity makes the following points:

The vast majority of the Center’s funding is derived from over 500 in-state private donors, who support our mission to see Rhode Islanders live and work in a freer society. The occasional grants the Center may be awarded from national foundations are earned via a competitive grant application process in support of policy initiatives conceived by the Center.

There is no regular source of funding to our Center from any out of state group that seeks to influence our operations.

It is curious why our critics fail to understand that there are many, many concerned citizens in our state who share the Center’s free-enterprise vision. Such donors voluntarily choose to financially support our mission to put forth policy ideas to realize our vision to achieve increased freedom and prosperity, They, like us, believe that all citizens should be able to freely engage in a robust and honest public debate about such ideas.

The Center’s staff and Board of Directors make 100% of the decisions about which policy angles to pursue. We do not do the bidding of any outside group, however the interests of our Center and certain state and national foundations may occasionally overlap.

As an IRS designated 501(c)3 organization, all gifts to our Center, by individuals or businesses, are tax-deductible to the fullest extent of the law.

Our Center also has a long-standing policy not to accept public money or taxpayer funding from governmental agencies.

Regarding the issue of transparency, it is important to note the legal differences between private organizations like our Center, and public entities like government and election campaigns.

  • The U.S. Supreme Court has ruled and upheld that private nonprofit organizations that are funded by private contributions, in order to protect donors from recrimination by corrupt government officials or by over-zealous extremists in the general public (ex., as experienced by early supporters of the NAACP), may keep the identities of their donors private.
  • Conversely, government operations and campaigns for elected office, since they directly involve taxpayer money or public office, are considered as public entities, and therefore should be transparent about and held publicly accountable for their funding sources.
  • Advocating for or against public policy, per multiple federal court rulings, is considered a private and protected first-Amendment right and does not require public disclosure.

For these reasons, the official policy of our Center is to exercise our constitutional right to keep the identities of our donors private; and to protect them from potential recrimination by those who choose not to engage in honest and open debate.

Center, National Group Rip Bristol-Warren Teachers Union Letter as “Threatening”

Coercive Letter is Designed to Scare Teachers Away from Exercising Their Rights

National Group Concurs!

Providence, RI – With an initial meeting tonight, and in response to the June landmark Janus Supreme Court decision and the My Pay, My Say RI worker freedom campaign launched last week by the Rhode Island Center for Freedom & Prosperity, the local Bristol-Warren Education Association (BWEA), desperate to keep dues money flowing, issued an inappropriately “threatening” letter to teachers within its collective bargaining unit, according to a news report on GoLocalProv.com.

The Center and other national labor experts say this letter from the Bristol-Warren teachers union, which over-emphasizes the potential negative consequences of exiting the union, serves as nothing more than a scare-tactic to union members who may not want their dues to support the political activities of the NEA and who may be considering disaffiliation.

Colin Sharkey, Executive Director of the Association of American Educators, a national non-union professional association for educators, when shown the Bristol-Warren teachers union letter shared, “It is disappointing that instead of demonstrating what is valuable about membership and focusing on quality service to members, some unions opted to send letters threatening and misinforming non-members as a way to keep dues flowing. It reminds us why the Supreme Court had to step in to respect the rights of all educators to choose which association to join, but also illustrates how much work still needs to be done to protect those rights. Rhode Island educators, union and non-union alike, deserve better.”

“This letter clearly does not represent the freedom of choice that the Janus decision envisions. The coercive nature of this letter itself may be grounds for legal action, as could any specific misrepresentations made in the letter. Our local and national legal team will soon make a judgment on some of its specific claims,” said Mike Stenhouse, CEO for the Center. “It is encouraging that the NEA is complying with the Janus decision in that they are asking each teacher to affirmatively confirm that they choose to pay union dues, however the threatening tone of the letter defeats the purpose.”

Teachers and all state and municipal employees in Rhode Island can learn about their rights at MyPayMySayRI.com. The campaign is designed to inform public servants of their recently restored first Amendment rights, as ruled by the U.S. Supreme Court in the Janus v AFSCME case.

MyPayMySayRI: It's your paycheck. Union membership is now your choice. Do you know what your newly recognized Janus Rights are?

MyPayMySayRI: It’s your paycheck. Union membership is now your choice. Do you know what your newly recognized Janus Rights are?

The Center, in partnership with the $10 million national education and outreach campaign, My Pay My Say, has already accumulated tens of thousands of email and mailing addresses of government workers. Enough money has been raised to fund phase I of the campaign, which will include thousands of direct mail pieces.

The MyPayMySayRI.com website includes educational information for public employees, with a dedicated section for teachers, and will soon include information on the political spending of certain government unions. The website also includes a page for workers to tell their story if they have unsuccessfully tried to leave their union or have received unsatisfactory responses to inquiries of their employer or union officials.

The website further includes links to an opt-out page where an official letter, requesting exit from the individual’s specific union, can be automatically created and printed, as well as links to a page where individuals can indicate that they choose to remain in their union.

For more information visit the MyPayMySayRI.com website or follow us on Twitter at @MyPayMySayRI .

On the July 2018 Jobs & Opportunity Index (JOI), Rhode Island remains in 47th place in the country.

Jobs & Opportunity Index (JOI), July 2018: Quiet Month in Search of a Boom

July found Rhode Island still in 47th place on the RI Center for Freedom & Prosperity’s Jobs & Opportunity Index (JOI). Of the seven (of 12) datapoints that were updated for the June report, only one was not from the Bureau of Labor Statistics jobs and employment research. Medicaid enrollment was also the only negative marker.

Employment was up from the first-reported number for June by 1,784, while labor force was up 1,082. The larger growth of employment than labor force translated into a drop of the unemployment rate to 4.2%. RI-based jobs increased by 1,400. Also positive were the three alternative measures of employment included in the index. The number of Rhode Islanders who say that they have been unemployed for more than 15 weeks was down by 400 since number last reported. Those saying that they are working part time, but would rather work full time, were down by 1,300. Meanwhile, those who consider themselves “marginally attached” to the labor force held at 4,200. One slightly negative note came with Medicaid enrollment, which increased 197.

Given the improvements in the alternative employment measures, along with the growing labor force, Rhode Island’s rank on the Job Outlook Factor improved from 22nd to 17th. This factor measures Rhode Islanders’ feeling about whether work is available and counts less than the other two factors.

The first chart shows RI still in the last position in New England, 47th in the country. New Hampshire still leads the region, with 3rd place, nationally. Maine slipped two spots, from 15th to 17th, while Vermont remained 21st. Likewise, Massachusetts fell from 34th to 35th, while Connecticut remained 37th.

The second chart shows the gap between RI and New England and the United States on JOI. The third chart shows the gaps in the official unemployment rate.

Results for the three underlying JOI factors were:

  • Job Outlook Factor (optimism that adequate work is available): RI climbed five spots to 17th.
  • Freedom Factor (the level of work against reliance on welfare programs): RI remained 41st.
  • Prosperity Factor (the financial motivation of income versus taxes): RI remained 47th.

Click here for the corresponding employment post on the Ocean State Current.

In recognition of National Employee Freedom Week (Aug 19 - 25), and despite the state's attempt to shield public employees from becoming aware of their rights, we have launched our My Pay My Say RI public awareness campaign and our MyPayMySayRI.com website to educate about public employees rights.

Center Launches “My Pay My Say RI” Campaign to Inform Public Employees of Their Restored Rights

Government Unions and Political Cronies Seek to Keep Public Servants in the Dark

Public Education Will Be Biggest Beneficiary!

Many have already opted out!

Providence, RI – In recognition of National Employee Freedom Week (Aug 19 – 25), and despite the state’s attempt to shield public employees from becoming aware of their rights, the Rhode Island Center for Freedom & Prosperity today launched its My Pay My Say RI public awareness campaign on its MyPayMySayRI.com website.

The campaign is designed to inform public servants of their recently restored first Amendment rights, as ruled by the U.S. Supreme Court in the landmark Janus v AFSCME case. A consistent champion of constitutional rights for all citizens, the Center believes public employees deserve to know that they now have full freedom when it comes to deciding whether or not it is in their best interest to pay union dues; and that they cannot be recriminated against if they choose to leave. Prior to the Janus ruling, all state and municipal employees in Rhode Island were forceed to pay their government-designated unions as a condition of employment.

However, the Supreme Court has decided that because it is their pay, union membership – or not – is rightfully the say of every public worker; especially when workers may disagree with their union’s political advocacy, which is paid for with their dues money.

Case in point is Michelle, a municipal employee in the Ocean State, who opted-out right after the Janus ruling and who said: “I don’t understand why some of my friends continue to pay their dues despite their political views being completely opposite of what the union supports.”

The Center has partnered with the $10 million national education and outreach campaign, My Pay My Say, to launch a customized Rhode Island initiative. “Despite the governor’s and the unions’ efforts to keep public employees in the dark, our Center and our national partner have already accumulated tens of thousands of email and mailing addresses of government workers. We expect to contact them in the coming weeks and ongoing for years,” said the Center’s CEO, Mike Stenhouse. “We have raised enough money to fund phase I of our campaign, which will include thousands of direct mail pieces. The more money we raise, the more awareness we can create.”

The Center believes that public education will be the greatest beneficiary of the Janus ruling. Because unions can no longer force teachers who disagree with them to fund bargaining positions that tie the hands of educators, teachers will be empowered with a stronger voice to fight against ineffective policies.

The MyPayMySayRI.com website includes educational information for public employees, with a dedicated section for teachers, and will soon include information on the political spending of certain government unions. The website also includes a page for workers to tell their story if they have unsuccessfully tried to leave their union or have received unsatisfactory responses to inquiries of their employer or union officials.

“We respect each person’s right to make an informed decision. It’s unfortunate that unions and their government allies do not,” added Stenhouse. “Based on history in right-to-work states, unions will go to great lengths to obfuscate the truth and make it as difficult as possible for workers to exercise their rights. We have already been contacted by workers who were brushed aside when making honest inquiries about the Supreme Court ruling.”

The website further includes links to an opt-out page where an official letter, requesting exit from the individual’s specific union, can be automatically created and printed, as well as links to a page where individuals can indicate that they choose to remain in their union.

The Center’s multi-year ‘worker freedom’ campaign in the Ocean State had a soft-launch in July and, already, many public employees have opted to leave their union, deciding to keep more of their paychecks for their own families. Ongoing, the My Pay My Say RI campaign will include email, direct mail, traditional and digital advertising, as well as other outreach vehicles.

For more information visit the MyPayMySayRI.com website or follow us on Twitter at @MyPayMySayRI.

The Rhode Island Center For Freedom & Prosperity

Center Announces Election of Dr. Stephen Skoly as Chairman

Dr. Skoly, well-known state advocate, assumes Chairmanship

Providence, RI — The Rhode Island Center for Freedom & Prosperity announced today that Dr. Stephen Skoly was selected in July by its Board of Directors to become Chairman of the organization following the resignation of its former Chairman, Mike Riley, who stepped-down to pursue his candidacy for state Treasurer.

Skoly, an oral and maxillofacial surgeon, is well known among many lawmakers for his research and testimony over the years on many legislative issues, especially pertaining to healthcare policy. Skoly joined the Center’s board in late 2017.

“For years I have been impressed with the great work of the Center. I value the importance of this organization in providing an alternative voice to the entrenched status quo. I look forward to growing the Center to become an even more influential organization in our state,” said Skoly, who also produces independent films and documentaries, some of which are currently available on Netflix. “Rhode Island is positioned historically and geographically to produce far better outcomes for our residents than we are currently experiencing. As recent federal reforms have proven, if more families are to lead more independent and prosperous lives, the Center’s free-enterprise policy ideas must receive more serious attention from lawmakers.”

Skoly has also pledged to help lead the Center’s goal to raise awareness among public employees about their restored First-Amendment rights following the landmark U.S. Supreme Court ‘Janus’ decision in June. “Public employees deserve to know their rights; and we have already seen that unions and their government allies will not adequately inform them,” added Skoly.

Skoly’s production company was responsible for creating the popular “Sea Rhode Island” video ad, created at a fraction of the cost, as an alternative to the State’s “Cooler-Warmer” debacle.

The Rhode Island Center for Freedom & Prosperity has submitted a public comment on the proposed change to prevent portions of Medicaid payments to third parties for benefits. This change would have dramatic results on the home care unionization rule.

Center Submits Public Comment On Rule Change To Protect The Home Care Industry From Attempted Unionization

The Rhode Island Center for Freedom & Prosperity has submitted a public comment on the proposed rule that would remove a state’s ability to reassign portions of Medicaid payments to third parties for benefits such as health insurance, skills training, and other benefits customary for employees. 

From: “no-reply@regulations.gov” <no-reply@regulations.gov>
To: mstenhouse@rifreedom.org
Sent: 8/6/2018 12:24:20 PM
Subject: Your Comment Submitted on Regulations.gov (ID: CMS-2018-0090-0001)

Regulations LogoYour comment was submitted successfully!

Comment Tracking Number: 1k2-94p4-ty5d

Agency: Centers for Medicare Medicaid Services (CMS)

Document Type: Rulemaking
Title: Medicaid Program: Reassignment of Medicaid Provider Claims: CMS-2413-P
Document ID: CMS-2018-0090-0001

Comment:
The Rhode Island Center for Freedom & Prosperity, a 501-C-3 public policy think tank in Rhode Island, respectfully submits comment in support of the proposed rule that would remove the regulatory text at 42 CFR 447.10(g)(4) that allows a state to reassign portions of a provider’s payment to third parties for benefits such as health insurance, skills training, and other benefits customary for employees.

Our comment uses as an example a real-life scenario made possible by 2018 Rhode Island legislation that was signed into law earlier this year … allowing for attempted unionization of the home care industry. This private industry in our state, which now successfully provides vital services, could be decimated.

This proposed Medicaid Provider Reassignment Regulation Proposed Rule, would mean that the government can no longer aid unions in their attempt to skim dues from precious Medicaid dollars, intended for the care of our loved ones.


In Rhode Island, about 7500 or so private home care workers are already represented by about 45 private-employer agencies as well as by a statewide association, the RI Partnership for Homecare. These service providers do not consider themselves to be government workers and most of these workers do NOT want to become a quasi-government employee.

The Rhode Island Partnership for Home Care, which oversees most of these private agencies, believes that government-run home care would destabilize the industry.
It is also morally unjust that federal dollars, earmarked for home care services, could have dues automatically siphoned-off by state government unions from workers’ paychecks, then transferred to the unions, with some of the funds ending-up in the political campaign coffers of SEIU. If the proposed rule is enacted, it would be just and proper that 100% of the allocated federal funding for home care services should first go to the workers; and it would then be up to the unions to collect dues – on their own – from those who freely choose to join.Earlier this summer, after a major push by SEIU and other progressive activists, legislation that had been on the back burner was rammed through Rhode Island’s General Assembly and signed by the Governor. This new law could transfer control of the home care services industry from the private sector to the government and its union allies. This proposed rule, by removing the government as its potential partner, would create less of an incentive for SEIU to attempt to unionize this industry.At the same time, the burden on state taxpayers would rise, as the government would surely provide frivolous and unnecessary benefits to allow unions to offer a more compelling reason to unionize.

The new law in Rhode Island seeks to lure home care workers, most of whom are now employed under a successfully operating private ‘agency’ system, to register with the government, becoming quasi-public employees, with their names and other personal information then to be turned over to SEIU labor bosses for the purposes of unionization efforts. A very similar approach was taken in 2013 to unionize the home child care industry; since then, union negotiated – and taxpayer funded – costs to support this industry have since risen dramatically.

This new Rhode Island law is a blatant money and power grab by unions that would crush a smoothly performing private agency system that is providing high quality home care to elderly, Medicaid, and other patients; and essentially turn over control of this industry to overly politicized and incompetent government bureaucrats. The training standards and strict oversight now required of nursing and other home care professionals would be greatly diminished.

Implementation of this proposed federal rule would remove the likelihood that government could insert itself between patients and their home care service providers.

The Center also points out how implementation of this proposed rule would create additional synergy with the direction that the nation is now heading, following landmark Janus decision, which would end the forced unionization and fee payments by public employees. As our country moves towards more freedom and less governmental control over our lives, Americans are experiencing renewed levels of prosperity. Enactment of this rule would maintain this momentum by keeping our state’s home care industry smoothly running under private management and away from the inefficiencies of the political elite and their special-interest allies.