Archive for the ‘Clawbacks’ Category

Report: District of Columbia Job Subsidy Practices In Need of Improvement; Lag Behind Nearby Jurisdictions

February 11, 2015

 

Washington, DC—Despite the District of Columbia embracing four leading best practices, other basic economic development standards and safeguards remain absent.

WebBox_ABetterDealfortheDistrict_FINAL_Feb6Broadly, the District has four major shortfalls:

  • failure to set job creation and job quality standards,
  • lax reporting on project outcomes,
  • failure to enforce existing standards, and
  • the need for an online transparency database.

The report is available at:

http://www.goodjobsfirst.org/ABetterDealForTheDistrict

Despite such shortcomings, experience shows that the District can rapidly change course. For example, recent enhancements raised D.C.’s ranking on job subsidy transparency from dead last to 26th among the states in a 2014 Good Jobs First national report card study.

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JPMorgan Chase Abandons $1 billion NYC Subsidy Effort

October 29, 2014

When The New York Times reported that JPMorgan Chase was seeking close to a billion dollars in incentives to build a new trophy headquarters on Manhattan’s Far West Side, the idea seemed too audacious to be true. As it turns out, it was. The New York Times reports that JPMorgan has abandoned its plan to develop two towers in Hudson Yards and will keep its headquarters in two buildings located at 270 Park Avenue and 383 Madison Avenue.

The de Blasio administration has cause to celebrate the apparent success of its decision not to provide huge economic development subsidies to wealthy corporations for uncertain job promises. New York City Deputy Mayor Alicia Glen responded to JPMorgan’s decision by stating: “This is an outcome that validates our approach, and our belief that these deals often come down to factors that have nothing to do with taxpayer subsidies.” This is a truth that Good Jobs First has been documenting for years.

Just prior to the collapse of the deal with JPMorgan Chase, a group of labor unions and government accountability advocates organized under the banner of the Committee for Better Banks and was about to issue a report detailing the history of abuse of taxpayer subsidies by JPMorgan Chase in New York City.

JPMorgan Chase (previously Chase Manhattan) is a poster child in New York City for the waste of lavish subsidies in return for failed job creation promises. In 1988, after threatening to leave New York City for offices in New Jersey, Chase Manhattan was offered an unprecedented package of city tax subsidies, worth over $200 million in property and sales tax breaks as well as infrastructure payments, to relocate 5,000 of its employees to 4 Metrotech Center in Brooklyn. JPMorgan has not paid any property taxes for 4 Metrotech for the past 25 years, a savings of over $170 million. Additionally, it has benefitted from over $37 million in sales and other tax benefits.

Despite the generous subsidy, the firm never achieved its promise to retain 5,000 employees at Metrotech and create 1,450 jobs. In 1999, Chase Manhattan cut 10% of its New York City workforce when it fired 800 employees and relocated thousands of other workers to Florida, Texas, and Massachusetts. Current full-time permanent jobs at 4 Metrotech Center in Brooklyn are approximately 2,500, less than half of what was originally promised. Since the financial crisis of 2008, JPMorgan has cut about 12% of its citywide workforce.  The New York City Industrial Development Agency recaptured about $100,000 in subsidies from the bank, and its agreement with the city for its Brooklyn location is set to expire in 2015.

What has been less clear to the public is the enormous benefit JPMorgan receives for one of the buildings it currently owns located at 270 Park Avenue. Although it was originally intended to provide incentives to industrial firms seeking to expand in New York City, the Industrial and Commercial Incentive Program (ICIP) is widely criticized for providing excessive subsidies to non-industrial firms. JPMorgan Chase is currently at the midpoint of a 12-year property tax exemption through ICIP for its property at 270 Park Avenue, valued at about $100 million.

Clearly, JPMorgan understands well how to shake the tree for government subsidies. In May 2014, the New Jersey Economic Development Authority offered JPMorgan Chase approximately $225 million in tax credits to retain 2,600 employees in Jersey City. Advocates have called this deal “mind-boggling.” Similarly, Good Jobs First has documented in Subsidy Tracker subsidies received by JP Morgan in 13 states. JPMorgan Chase received $25 billion in bailout assistance (later repaid) from the federal government through the Troubled Assets Relief Program (TARP).

It is too early to know whether the collapse of this particular subsidy deal signals a truly new approach to economic development policy in New York City. However, it is certainly worth commending the de Blasio administration for not bowing to JPMorgan’s original demand. And perhaps it can be a lesson to economic development officials nationwide that taxpayer subsidies are not required to maintain a rich business environment.

Tesla, We Have Questions

September 4, 2014

For Immediate Release September 4, 2014

Contacts: Bob Fulkerson bfulkerson@planevada.org 775-348-7557

Greg LeRoy goodjobs@goodjobsfirst.org 202-232-1616 x 211

Bob Fulkerson of the Progressive Leadership Alliance of Nevada and Greg LeRoy of Good Jobs First issued the following statement regarding reports that Tesla plans to announce it has chosen Nevada for its “gigafactory,” or massive electric-car battery factory.

This is a huge event in Nevada history. If the taxpayer subsidy package for the facility is $500 million or more, as Tesla has demanded, it would be the biggest subsidy package in Nevada history by a factor of more than five. (There is only one recorded eight-figure deal in Nevada history and none over $89 million.)

The announcement only raises more questions:

  1. Was the five-state auction all just a charade to extract bigger subsidies from the state Tesla had already chosen? (Tesla broke ground in an industrial park in Reno, Nevada in July.)
  2. If it was a charade, does that mean Tesla doesn’t need any Nevada subsidies because the business basics drove the project to Reno (which has good access to key material inputs and is also close to Tesla’s assembly facility in Fremont, California)?
  3. When will the full details of the proposed Nevada subsidy package be released to the public? How many days will Nevada taxpayers have to weigh the costs versus the benefits before the legislature votes on the deal?
  4. Will Tesla agree to the Good Jobs First/MoveOn petition demand and allow all five states’ commerce agencies to immediately release their Tesla project files so that taxpayers can see how seriously Tesla considered the other states and how much in subsidies each state offered?
  5. Exactly how does Tesla’s claim of 6,500 new jobs break down? How many would be temporary construction jobs? How many would be permanently directly employed by Tesla? How many would be associated with unnamed suppliers? (Tesla and Panasonic’s joint July 31 press release says half the space will be occupied by suppliers.) Are any of the 6,500 projected jobs indirect or so-called “ripple effect” jobs?
  6. How good will the Tesla jobs be? What will be the median wage for non-managerial production workers? What will the benefit package consist of?
  7. Will Nevada taxpayers be protected by “clawback” language that would require Tesla to refund some or all of the subsidies (and/or lose future subsidies) if the deal fails to deliver all of the promised jobs?
  8. How many of the engineering and other highly-paid jobs at the plant will be filled by people who will move to the Reno area from out of state?

Until these questions are answered, Nevada taxpayers will remain in the dark. Without answers, no one will be able to judge if Nevada elected officials are overspending for a trophy deal.

Ask Tesla’s Elon Musk to Open-Source His Subsidy Demands

September 3, 2014

Good Jobs First has launched a petition through MoveOn asking Tesla CEO Elon Musk to open-source his ≥$500 million subsidy demands.

Sign the petition here.

Embed from Getty Images

Tesla Motors is demanding at least $500 million in taxpayer subsidies, whipsawing AZ, CA, NV, NM and TX siting a huge battery factory.

If it’s really confident that such massive subsidies are justified, Tesla should release the five states from non-disclosure agreements and allow taxpayers to see the files.

Elon Musk: open-source your subsidy-application files and let taxpayers weigh costs and benefits!

 

Sign the petition here.

 

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Virginia Governor Vetoes Bill That Would Ban Pay-To-Play on Subsidies

May 30, 2014
Embed from Getty Images

This week, Virginia Governor Terry McAuliffe vetoed a bill that would have banned corporations seeking Governor’s Opportunity Fund (GOF) subsidies from making contributions or gifts to the elected official awarding those subsidies: in other words, the Governor himself. The bill had unanimous two-chamber support among both Republicans and Democrats, and members of both parties criticized the Governor’s action.

Governor McAuliffe’s primary objection cited in the veto to the bill was that state legislators ought to be held to the same standards. The statute and guidelines state that GOF subsidies are awarded primarily at the discretion of the Governor, though the General Assembly and the Attorney General have a modest oversight role. One co-sponsor of the bill stated that he hopes to re-introduce the bill again next session, though it’s unclear whether the bill will stay in its current form.

It’s a strange moment in Virginia politics. The bill arose out of concern related to the previous Governor’s gift scandal. Just after leaving office in January, former Governor Bob McDonnell was indicted, something that had never happened before in the state.

Is such legislation needed in Virginia?

Good Jobs First previously highlighted an apparent pay-to-play issue in Virginia when McDonnell awarded Northrop Grumman $3 million in GOF subsidies after receiving major campaign contributions from the company.

While banning contributions to politicians from companies seeking subsidies is one way to encourage stronger ethics in government, another approach could be to ban companies from receiving subsidies if they have given or subsequently give contributions to officials awarding or enforcing subsidy contracts. Both would deter pay-to-play practices. Excluding subsidies to campaign contributors would be far easier to implement by shifting implementation away from elected officials and onto agencies awarding subsidies. Just as failing to create jobs can result in recapture or rescission of subsidies, a subsidy contract can undergo a clawback if the agency finds that a company has given to key public officials.

Apparent pay-to-play subsidies are not a problem isolated to Virginia. For example:

  • Texas: As we blogged previously, several newspapers have suggested that economic development subsidies controlled by Texas Governor Rick Perry are tied to fund-raising.
  • Wisconsin: Investigative Reporter Mike Ivey reported this week that the Wisconsin Economic Development Corporation, a privatized economic development agency, has awarded more than 60 percent of $975 million in subsidies to companies that have contributed to Governor Scott Walker or the Republican Governor’s Association.

For decades, state and cities have taken strong stances against allowing gifts and campaign contributions to contractors. Why not ensure the same level of integrity when it comes to economic development spending?

Connecticut’s Open Data Website Leads Nation in Adopting Economic Development Transparency Best Practices

April 1, 2014
Screenshot taken from Connecticut's new Open Data website

Screenshot taken from Connecticut’s new Open Data website

Those looking for a model on how to disclose economic development deals should start their search in Connecticut. No joke: Connecticut is cutting edge when it comes to taxpayer transparency on economic development.

Yesterday, Governor Dannel Malloy launched a new website called Data.CT.gov which aggregates numerous datasets that were previously unavailable or difficult to find. Included in this portal are many economic development programs we have doggedly watched and evaluated for transparency and accountability. Our January 2014 study ranked Connecticut 14th on job subsidy transparency: the states’ new website is a clear improvement that would have boosted their ranking into the top ten nationally had it been in use when we ranked all 50 states.

The Governor’s new transparency efforts came to fruition through two executive orders: one creating the website and the other instructing the state’s economic development agency to compile a searchable electronic database of subsidy information.

What makes the Connecticut website such a great model?

  • Clean Data: Often state agencies put up data in a haphazard fashion. Misspellings, data irregularities, and so forth make the data less useable. Worse, sometimes agencies put up data in static, unsearchable PDFs, not databases which contain the same information. When Good Jobs First imports data into our 50-state Subsidy Tracker database, this sort of messy data requires a great deal of clean-up. It’s clear that Connecticut has taken the time to ensure the data isn’t messy.
  • Relevant Data: The Connecticut portal also includes extremely important data that other states frequently forget to include. These fields include things such as clawback amounts, contract date timelines, job benchmarks, the result of a jobs audit, the amount of a subsidy awarded, the amount of a subsidy disbursed in each year, and the facility address. Including these data fields meets many of Good Jobs First’s best practices recommendations. In fact, the only data that really seems to have been omitted from the database is information about the wages and benefits of subsidized jobs (see here).
  • Data Tools: Another open data best practice is to allow users to easily search through the data. The database includes built-in mapping tools, filters, and charts. As the screenshot above illustrates, taxpayers can now easily see on a map all film tax credit recipients that were issued tax credit amounts greater than $1 million.
  • Downloadable Data: Connecticut doesn’t hamstring users like it used to with a single big PDF. Now the data is available in a variety of easy to download formats including XML, CSV, and, of course, Excel spreadsheets.
  • More Data: Frequently states spend a great deal of time disclosing data about a few major programs, but forget to disclose information about other economic development programs. This database includes tax credits, grants, loans, and other economic development tools. For more discussion about tax credit disclosure, see our previous blog on the topic. Connecticut’s data also includes previously undisclosed data about programs. For instance, it includes street addresses for film tax credit recipients.
  • Potential taxpayer savings: In the long run, the database will also save Connecticut taxpayers money. Frequently, Freedom of Information Act (FOIA) requests cost the government great resources in responding. But the new website will include frequently requested FOIA data. In addition to staff time saved, the enhanced ability for more citizens to know how their tax dollars are being spent will prevent waste, fraud, and abuse and enhance accountability.

We encourage you to go on the website and give it whirl: https://data.ct.gov/Business/Tax-Credit-Portfolio-Point-Map/megq-7hbv

Arkansas Will Claw Back Hewlett-Packard Subsidies

July 11, 2013

DSC_1979 2

Photo and the caption by Arkansas.gov: “Governor Beebe today [Mar 3, 2010] helped dedicate the HP Conway facility. HP expects to employ 1,200 Arkansans at the new facility.”

After laying off 500 workers from its publicly subsidized facility in Conway, Hewlett-Packard will have to repay some of the money it has received from the state, Arkansas economic development officials announced.

When HP opened its customer support facility in 2010 (the deal was announced in 2008), it was supposed to be a game changer for the economic development reputation of Arkansas. The state was willing to pay the price and offered HP state and local subsidies.

Arkansas never disclosed the full value of the subsidy package, but it was reported that the company received at least $17 million upfront: $10 million from the state’s Quick-Action Closing Fund and $7.2 million from city of Conway, including $5 million the city spent to upgrade the industrial park where the facility was later located.

HP was also eligible for various performance-based tax refunds, rebates and credits. Although Arkansas does not publish data on its subsidies, the state made some of that information available to Good Jobs First. The data, now available through Subsidy Tracker, includes: three awards from the Existing Workforce Training Program for a total of $62,882; an income tax credit from the Advantage Arkansas program worth $53,418; and a refund of $21,801 from the Tax Back Sales and Use Tax Refunds program.

After the layoff, the state officials announced that HP no longer met the minimum requirement of 1,000 jobs at the Conway faculty and that the state would work with the company to determine how much money needs to be returned. It is unclear, however, whether the clawback will include only upfront grants or also already claimed tax and workforce training subsidies, and whether HP will have to return any local funds.

Although HP’s layoffs are not good news, it is encouraging that Arkansas is willing to implement the clawback provisions it wisely included in its deal with the company.

The Ongoing Economic Development Privatization Fiasco in Wisconsin

May 7, 2013

Wisconsin Governor Scott Walker must decide what to do with the scandal-ridden Wisconsin Economic Development Corporation (WEDC). Few options remain: ignore it, fix it, or declare it a failure.

The privatized economic development agency was created in 2011. Governor Walker proudly proclaimed that shuttering the state’s Department of Commerce and replacing it with a privatized entity would do wonders for job creation in Wisconsin. Good Jobs First wrote a report documenting the tainted track record of privatized economic development agencies throughout the United States. We warned that these quasi-government agencies frequently lead to unaccountable, opaque organizations spending too much taxpayer dough without jobs materializing. With the Governor’s rosy jobs pledges falling short and the WEDC embroiled in scandal, it appears that the agency is destined to be yet another case study highlighting what can go wrong when a public agency becomes privatized.

Last week another scathing audit by the non-partisan Wisconsin Legislative Audit Bureau found a slew of disturbing practices. This follows on the back of other issues previously reported on our blog. The issues read like a laundry list of everything agencies tasked with managing the public purse ought not to do:

  • Millions in taxpayer money went unaccounted for.
  • The law was broken.
  • Large amounts of taxpayer money were awarded to ineligible projects.
  • Questionable and inexplicable purchases appeared, including sports tickets and gift cards (a similar incident brought down disgraced Baltimore Mayor Sheila Dixon).
  • The agency turned a blind eye to recipients of public subsidies, even though the law required them to report publicly on their progress.
  • Staffers at the organization accepted some $55,000 in gifts during a six month period in 2011.
  • The agency failed to disclose to the public known conflicts of interest from an IT consultant awarded a no-bid contract.
  • The WEDC even went so far as to hire an auditor while that same company was negotiating a subsidy deal on behalf of a client with the agency.

These findings just scratch the surface of what was uncovered. To dig into more of the juicy details, read the Audit Bureau’s full report here (summarized here).

Members of Wisconsin legislature, from both sides of the aisle, are calling for immediate changes (a rarity in Wisconsin politics these days). Sen. Robert Cowles, R-Green Bay, has stated that, “this audit shows there is a significant disconnect between our expectations of WEDC and the reality of their performance with regard to transparency and accountability.” The Senate Minority Leader sounded like Cassandra foretelling the fall of Troy: “This is what we were saying from the beginning… there needs to be more accountability… more reporting… When you create a pseudo-government corporation, you want to make sure that you’re having the benefits of both, not the downsides of both.”

Despite the outrage by members of the legislature, the agency has embarked upon a public relations campaign to defend itself. The new CEO of the WEDC continues to claim that it has corrected its old ways and that the agency had not made “intentional violations” of state statutes. Whether the new CEO has a firm grasp on the agency is questionable: he has been on the job only a short time. All three of his predecessors have resigned amid scandal: one was found to owe back taxes to the state; another took a more lucrative job at his old company just 24 hours after accepting the WEDC position; and the first head of the agency resigned after federal investigators found mishandling of HUD money.

Governor Walker has called for an emergency meeting of the WEDC to discuss the problems at the agency. Later this week, the legislature is set to vote on the WEDC’s budget. Will Governor Walker insist that the agency take the audit seriously and implement sensible reforms like those we called for in our 2011 report? Will the Governor ignore the troubling findings altogether? Or will he disband the privatized agency and reinstate the Department of Commerce as the flagship economic development organization in Wisconsin?

Massachusetts Business Tax Breaks Evaluated in New Report

March 12, 2013

masspirg reportA new MASSPIRG study asks if Bay Staters are “Getting Our Money’s Worth?” from the Commonwealth’s corporate tax breaks.  The organization evaluates 25 different special business tax subsidies for fiscal safeguards and accountability and transparency practices.  Among other findings, MASSPIRG concludes that:

  • Less than one-third of the subsidies are subject to annual spending limits.
  • Few of the Commonwealth’s special business tax subsidies have well-articulated public policy goals.
  • Nearly half of all business tax subsidy programs fail to publicly disclose information important for transparency such as recipient names, program-wide cost to the state budget, or results generated by the program.

MASSPIRG  also finds that state spending on business tax subsidies has more than doubled since 1996; the Commonwealth spent an estimated $770 million in 2012 through programs such as the Economic Development Incentive Program and the Film Tax Credit.  MASSPIRG’s recommended policy options to help the state get the best results from its substantial spending on special business tax subsidies include:

  • Transitioning from business tax breaks to outright grants.
  • Adding mandatory public policy goals and expiration dates to new and existing subsidy programs.
  • Continuing to improve disclosure of subsidies awarded through these programs.

You can read the rest of the organization’s recommendations to help the state get the biggest bang for its buck in Getting Our Money’s Worth? here.

State Chamber of Commerce Favors Clawbacks, Job Quality Standards, Enforcement

March 11, 2013

Image_Maryland_Money

Last Friday, at the Maryland Senate’s Budget and Taxation Committee hearing, representatives from the Maryland Chamber of Commerce endorsed cornerstone Good Jobs First reforms. This includes attaching strings to taxpayer-funded economic development deals such as money-back clawbacks when companies receiving taxpayer money fall short. The Maryland Chamber even implied that these reforms should apply not only to economic development subsidy deals, but also public-private partnerships (sometimes called P3’s) such as the concessions operations at Baltimore-Washington International Thurgood Marshall Airport (BWI).

In our two recent 50-state report card studies, Money for Something and Money-back Guarantees for Taxpayers, we documented the growth of these reforms across the states. It has become common practice for state economic development agencies to incorporate clawbacks and job quality standards into deals, though many states still don’t do enough or apply standards unevenly. But as the Maryland Chamber said, it’s a big problem when these agreements aren’t being adequately enforced to protect taxpayer money.

Below is a transcribed passage of the audio from the Maryland Senate’s Budget and Taxation Committee hearing. We think it serves to show the strong support for reforms like job quality standards, clawbacks and enforcement of clawbacks, even from powerful business interests. This portion of the hearing occurs around 1:05 in the recording.

Senator Richard S. Madaleno, Jr. (D-18th District): While the vice chairman raised many of the issues that I wanted to raise, I just wanted to be clear that you are saying Mr. Palmer, you are saying that there are times when in a contractual relationship between the government and a business we can put strings…

Matthew Palmer, Senior Vice President of Government Affairs at the Maryland Chamber of Commerce: Absolutely.

Senator Madaleno: This is how we’re going to treat your workers.

Mr. Palmer: Right.

Senator Madaleno: And in the case when they don’t and they violate that we can have clawback? You support that structure?

Mr. Palmer: Absolutely. And I think that’s important. As [the ABC representative] talked about with these P3’s, the flexibility of whether it’s [the Department of Business and Economic Development (DBED)] or other places actually putting that into contracts, you know, putting those strings as you said, with those companies and being able to, when they don’t meet those, claw that money back. Say OK, you didn’t meet your needs. I think that is absolutely appropriate and they should be held to it. I think that’s the problem. And unfortunately, it seems to me, in some of these instances [as we have heard from the testimonies of  workers at BWI airport, Baltimore’s Inner Harbor and Hyatt], some of those companies were not held to those standards. So I think that’s a big problem.