Tag: Kansas Democrats

  • Looking for Kansas school efficiency, sort of

    Kansas Governor Sam Brownback started an online Kansas school efficiency task force inefficiency form. In response, Kansas House Democrats have launched a Kansas K12 efficiency survey.

    The Democratic survey contains a few loaded questions that are sure to influence the responses received. For example: “Please describe – as specifically as possible – how the reduction of state public education funding has impacted you, your child, or your school directly (larger class sizes, higher fees, higher property taxes, eliminated programs, fired teachers, etc).”

    First: Spending on schools in Kansas has fallen some in recent years, but just a little bit, as you can see in the chart. The question above specifically references state spending. That, as you can also see, did fall for a few years, but the difference was almost totally matched by an increase in federal spending. That fall in state spending, by the way, happened under the administration of Democratic governors.

    Kansas school spending per student through 2012.

    Second: The question also mentions “larger class sizes” and “fired teachers.” These are personnel issues. If we look at the ratio of students to employees, we see these ratios have changed. For a time they were decreasing, meaning that there fewer students per employee, considering either teachers only or all employees. These numbers have inched back up. But the student/teacher ratio today is still better than it was in 2005.

    Kansas school student/employee ratios.

    Another question reads: “Please describe – as specifically as possible – how your school has INCREASED efficiency as a result of reduced state funding.”

    The use of capitalization to emphasize a specific word lets us know that only increased efficiency stories are welcome. Besides that, there’s a troubling premise in the question, that schools will look to increase efficiency only when funding is reduced. We might think that schools should always be looking for ways to increase efficiency. That lets them either operate on smaller budgets, or deliver more and better education for the same budget.

    Kansas Democratic legislative leaders, however, don’t see things quite that way. They are offended by suggestions that schools aren’t operating as efficiently as possible, charging that critics are demonizing schools.

    But schools can operate more efficiently. In 2010, despite claims that school spending had been “cut to the bone,” USD 259, the Wichita public school district, found a way to save $2.5 million per year by adjusting school starting times, thereby saving on transportation costs.

    If we really believe that schools are underfunded, and that underfunding is harming children, why didn’t the Wichita school district look for and implement this cost-saving measure earlier? Was the threat of reduced funding the necessary impetus, as implied in the Democrats’ questions?

    Surely this isn’t all that can be saved. Kansas Policy Institute looked at K-12 spending in Kansas and concluded that schools statewide are spending as much as $717 million more than is necessary, and that implementing the “best practices” of more efficient districts could eliminate the need to raise taxes or cut spending on other essential services. Volume 3: Analysis of K-12 Spending in Kansas of KPI’s series “A Kansas Primer on Education Funding” also found that, despite district claims that they are underfunded, most districts haven’t spent all of the money they received in past years.

    The competing online survey forms illustrate a problem inherent with Kansas public schools that we don’t see in the private sector. Do we worry whether the grocery store is operating efficiently? No, because the grocery store faces market competition for customers and capital. But Kansas schools — because there is no effective school choice in Kansas — don’t face competition for customers in any meaningful way, and their capital is free of cost. Kansas Democrats (and their moderate Republican allies) fight against school choice to keep it that way.

    We also have to wonder whether Kansas Democrats are really interested in finding school inefficiencies. Eliminating many inefficiencies will mean reducing the number of workers, and government workers are a key constituent of Democrats.

  • Kansas unemployment, the credit or blame

    The unemployment rate in Kansas dropped from 6.2 percent to 5.9 percent in September. Before figuring who to credit for this, we ought to take a look at the underlying trends.

    Kansas Governor Sam Brownback was quick to take credit, issuing the tweet “KS unemployment rate dropped to 5.9% in Sept. lowest rate since Dec. ’08.”

    Jason Perkey, who is Executive Director of the Kansas Democratic Party, wanted to give the credit to President Barack Obama, as can be seen in his tweet.

    Looking at the numbers behind the unemployment number, however, reveals something that I don’t think either party wants credit for: a shrinking labor force.

    Todd Davidson of Kansas Policy Institute took a close look at the numbers that go into forming the unemployment rate, and here’s what he found: “The drop did not come from higher employment. 7,819 fewer Kansans were employed in September 2012 than in September 2011. The unemployment rate is lower because over 20,000 Kansans dropped out of the labor force over the last year.” More details are at Taking a Closer Look at the September Unemployment Rate.

    Graphically, here’s what the situation looks like. The number of people in the Kansas labor force has been declining. When the number of employed takes a slight uptick, the unemployment rate can decline by a fairly large amount. But it’s not part of an encouraging trend.

  • Charges of slashing Kansas school spending

    Kansas Democrats are making claims on campaign mailers that don’t withstand scrutiny. An example is this: “Under the Brownback plan, funding for education has been slashed and local governments are being forced to make up the shortfall by raising property taxes on working and middle class Kansans. (The Wichita Eagle. 7/18/12)”

    Let’s look at the record of spending in Kansas schools. Here’s a chart:

    Kansas school spending per student through 2012.

    Does this look like school spending has been “slashed?”

    It’s true that a component of school spending known as “base state aid per pupil” was cut, although it’s rising now. We need to understand, also, that base state aid per pupil is just part of school spending, and most schools spend much more than that.

    Specifically, base state aid per pupil for the last school year was $3,780. But the state spent an average of $6,983 per pupil that year, which is an additional $3,203 or 84.7 percent more than base state aid. Overall spending from all sources was $12,656 per pupil. Both of the latter numbers are higher than the previous year.

    But school spending advocates — and Democratic campaign mailers and many newspaper editorial writers — focus only on base state aid. They present base state aid per pupil as the primary benchmark or indicator of school spending, despite the fact that it is only a small part of the Kansas school spending formula and disguises the overall level of spending.

    Focusing only on base state aid per pupil is wrong. Doing so allows the school spending lobby to make an argument that is superficially true, but deceptive at the same time.

    But it’s easy to understand why there’s the focus on school spending. It’s easy to persuade parents — and anyone, for that matter — that if we want the best for Kansas schoolchildren, we need to spend more.

    The school spending advocates have done a good job promoting their issue, too. On a survey, not only did Kansans underestimate school spending levels, they did so for the state portion of school funding, and again for the total of all funding sources — state, federal, and local. Kansans also thought spending had declined, when it had increased. See Kansans uninformed on school spending. Similar findings have been reported across the country.

    Spending more on schools is seen as an easy way to solve a problem. But the problems facing Kansas schools will require different approaches, and the Kansas school establishment won’t consider them. For a list of reforms that are needed, but resisted, see Kansas school reform issues.

    Base state aid compared to Kansas state spending and total spending. State and total spending has risen even though base state aid is mostly flat.
  • Kansas spending is the problem

    While Kansas Governor Sam Brownback has some good ideas in his State of the State address and tax reform plan, there are two important points that need to be made.

    First, the governor has said that tax reform is designed to be revenue neutral. That goal means that if one person pays less, someone else has to pay more. It also means that the state’s thirst for spending is not quenched. It is continued spending that prevents us from dramatically reducing or eliminating income tax rates in Kansas.

    Critics of lowering income tax rates point to the advantages that states with no income tax have. Texas is often mentioned, where it is said that the state’s oil wealth and the taxes it generates make it possible for Texas to have no income tax.

    There are two rebuttals to this argument. First, Kansas may have much new activity in oil and gas in the very near future. With the severance tax and taxes from other economic activity — as many as 25,000 jobs and $5 billion in investment over five years — new revenue may be flowing to the state. Brownback has called for limiting the growth of state spending to two percent annually, with revenue growth above that dedicated towards reducing income tax rates.

    The second rebuttal is that states with low or no income tax generally spend much less than Kansas. Using figures I compiled for 2010, Kansas state spending per person is $4,923, which ranks it 35th among the states. Only 15 states spend more than Kansas, on a per person basis.

    Texas, with no income tax, spends $3,703 per person. Florida, another state with no income tax, spends $3,300 per person.

    Kansas Democrats have called for restoring school spending, and increasing it in the future. They have other plans for state spending, too. That’s why it is important that Kansas implement something that 47 states have, but Kansas does not. Unfortunately, the governor didn’t mention it in his address. That missing ingredient in the Kansas state financial plan is a rainy day fund.

    Rainy day funds operate in different ways in the states that have them, but generally there are strict rules about spending the money in the fund. A rainy day fund would have helped Kansas whether a downturn in revenue without resorting to a tax increase. That’s vitally important, as once tax increases are in place, they are very difficult to remove. We have such an example of this now in Kansas: The increase in the statewide sales tax, promoted to last just three years, is now recommended to be permanent, according to the governor’s plan.

    (Shifting sands: Kansas Senator Carolyn McGinn, who voted for the sales tax increase, now wants it ended a year earlier than originally planned. That was a transparent response to her having to face a conservative challenger in her primary election this year. But now she finds herself opposing the governor on this issue.)

    Kansas has a requirement for a 7.5 percent ending balance in the general fund. That requirement is often waived by the legislature, as it has been for several years in a row. Rainy day fund legislation is often implemented in states’ constitutions, which can’t easily be waived or ignored by spending-happy legislature. The strict requirements as to how and when the fund balances can be spent is much different from a simple ending balance. Kansas Democrats, for example, are calling for spending the year’s ending balance.

  • Kansas and Wichita quick takes: Wednesday January 11, 2012

    A legislator would do this? In his At The Rail column, Kansas statehouse reporter Martin Hawver speculates that even routine procedural votes, as well as votes in committee, may be material for campaign ads and mailers in this election year. “You’ve seen the mailings in election years, you know, the ones with a photo of a few lines apparently ripped from the official journal of the House or Senate. The scrap is always tilted a bit to make it more visually interesting. And, by gosh, that bit of an official document almost always shows — usually with a swipe of yellow highlighter — that a candidate voted for or against something that the rest of the brochure deems politically or fiscally or culturally important. … So, we’re going to be watching closely, to see whether a vote in a committee on something relatively unimportant becomes the theme of a campaign or two out there, and whether the public will be much moved by a vote even when it is dramatically presented as a fact ‘ripped from the official record’ of some committee or another. Key might be that it’s the final votes, not necessarily some little acting-out behavior in a committee, that is the real indication of just where a legislator is on legislation that you care about.” … I should tell you this: I’m more than a little shocked to learn this goes on in Topeka.

    Where to see, listen to State of State Address. Tonight’s 6:30 pm address by Kansas Governor Sam Brownback can see seen on television by tuning in to KTPS (Wichita), KTWU (Topeka), or Smoky Hills Public Television. Radio coverage is on Kansas Information Network, KSAL-Salina 1150 AM, KANU-Lawrence/Topeka/Kansas City FM 91.5, KANH-Emporia FM 89.7, KANV-Olsburg/Junction City FM 91.3 and in Manhattan on FM 99.5, KANZ- Garden City FM 91.1, KZNA-Hill City FM 90.5, KHCC-Hutchinson/Wichita FM 90.1, KHCD-Salina/Manhattan FM 89.5, KHCT-Great Bend/Hays FM 90.9, KMUW-Wichita FM 89.1, KRPS-Pittsburg KS FM 89.9, KCUR-Kansas City Missouri FM 89.3, and online at www.KWCH.com, kslegislature.org, www.khi.org, and www.am580wibw.com.

    Kansas Policy Institute launches blog. In its newsletter, the Kansas Policy Institute announces the start of a blog: “We believe this will be a venue to have an open discussion on the challenges facing our state and advancing liberty and freedom. Of course, we will continue the work we’ve been doing, but this is an opportunity to provide more real time analysis, share videos and stories from around the web, and allow concerned Kansans can debate the issues of the day.” The blog is located at KPI Blog. … KPI’s primary communications with Kansans have been through policy analysis and reports, and through newspaper op-ed columns. The blog should make KPI a more familiar source of news and information.

    Kansas House Speaker criticized. “Continuous abuse of power and nepotism” along with his role in a lawsuit against the State of Kansas are the charges leveled against Speaker of the Kansas House of Representatives Mike O’Neal. The writer of the letter with the charges is Kansas Representative Owen Donohoe of the 39th district, which covers parts of Johnson, Leavenworth, and Wyandotte counties. … In 2010 O’Neal faced an legislative ethics panel investigation into his role as attorney for clients suing the state. The panel decided that O’Neal broke no rules, but that the legislature’s ethics rules should prohibit what O’Neal was doing, citing the “appearance of impropriety” such actions create. … In 2009, O’Neal faced a complaint relating to nepotism, and a panel found there was insufficient evidence to support the charges. … Last year O’Neal made several committee reassignments that were seen as motivated by a desire to silence critics of policies that O’Neal supported. These included Rep. Charlotte O’Hara for her position on health care issues, Rep. Kasha Kelly for her position on state spending, and Donohoe himself. Coverage is at More trouble brewing for House Speaker O’Neal and Kansas Republican legislator blasts House Speaker Mike O’Neal. … The public policy issue is this: Does legislative leadership — Speaker of the House, Senate President, Committee Chairs — have too much power? From my observation of the Kansas Legislature over the past few years, my answer is: Yes.

    Kansas presidential caucus. Kansas Republicans will hold their presidential nominating caucus on Saturday, March 10th. Participants must be registered as Republicans to participate, and the last day to register as such is February 17th. Photo ID will be required for admission.

    Democrats urged to help Republicans. In an email, Kansas National Education Association (KNEA), the teachers union, urges Kansas Democrats to help Republican select their nominees in the August primary elections. Writes the union to its minions: “Given the registration advantage that Republicans have over Democrats in Kansas, it is not surprising that many elections are decided in the August primaries. In many districts the Republican nominee will likely win. This means that unaffiliated and Democratic voters are very limited in the influence they can have on who will be their Representative or Senator. The reality is that, while it might feel good to register your disgust with both parties by registering as an unaffiliated voter, it dramatically reduces the influence of your vote in the election. … If you want your vote to have a greater influence this year, then we would urge you to consider your registration and participation in the primary election in August. If you live in a district that will likely elect a Republican in the general election, wouldn’t it be nice to have a say in which Republican that will be? If you want that voice, you will need to be a registered Republican by July 16, 2012.”

    Kansas health issues. The Kansas Health Institute News Service has identified the issues related to health that are important in this year’s legislative session. Medicaid reform and health care exchanges are the first two mentioned, with Medicaid reform a very large and important issue. The article is Health issues facing the 2012 Legislature.

    Separation of art and state. Kansas Governor Sam Brownback may be wavering on his opposition to state funding for the arts in Kansas, according to Lawrence Journal-World reporting. I recently urged legislators — borrowing a term from David Boaz — to respect the separation of art and state. In his book The Politics of Freedom: Taking on The Left, The Right and Threats to Our Liberties, Boaz explained why this is important: “It is precisely because art has power, because it deals with basic human truths, that it must be kept separate from government. Government, as I noted earlier, involves the organization of coercion. In a free society coercion should be reserved only for such essential functions of government as protecting rights and punishing criminals. People should not be forced to contribute money to artistic endeavors that they may not approve, nor should artists be forced to trim their sails to meet government standards. Government funding of anything involves government control.”

    Numbers trouble Americans. “Many Americans have strong opinions about policy issues shaping the presidential campaign, from immigration to Social Security. But their grasp of numbers that underlie those issues can be tenuous.” The Wall Street Journal article Americans Stumble on Math of Big Issues covers this topic. “‘It’s pretty apparent that Americans routinely don’t know objective facts about the government,’ says Joshua Clinton, a political scientist at Vanderbilt University. Americans’ numerical misapprehension can be traced to a range of factors, including where they live, the news they consume, the political rhetoric they hear and even the challenges of numbers themselves. And it isn’t even clear how much this matters: Telling people the right numbers often doesn’t change their views.”

    Capitalism. “The Occupy Wall Street movement expresses valid frustrations, but do the protesters aim their accusations in the wrong direction? Economics Professor Chris Coyne draws the distinction between crony capitalism and legitimate capitalism. Crony capitalism is government favoritism fueled by handouts and is responsible for the plight of the 99%. Legitimate capitalism, on the other hand, uses competition to align consumer and producer interests and serves to improve everyone’s standard of living. … Coyne says: “What we need is constraints on government … The minute you open the floodgates of government handouts, people are going to start lining up to grab them. And the people that are going to tend to get those handout are those that have money and political connections. So the solution to this is simple. Instead of spreading out losses, we need to do is to allow people to earn profits when they produce things that people value, and suffer losses when the fail to do so. When you have that type of system, the only way to earn wealth is to improve peoples’ standards of living.”… This video is from LearnLiberty.org, a project of Institute for Humane Studies, and many other informative videos are available.

  • Kansas and Wichita quick takes: Monday December 6, 2010

    Cato scholar to speak on economic freedom. Friday’s meeting (December 10) of the Wichita Pachyderm Club features noted Cato Institute scholar, Principal Attorney at the Pacific Legal Foundation, and author Timothy Sandefur. He will discuss his recent book The Right to Earn a Living: Economic Freedom and the Law. A description of the book at Amazon.com reads: “America’s founders thought the right to earn a living was so basic and obvious that it didn’t need to be mentioned in the Bill of Rights. Yet today that right is burdened by a wide array of government rules and regulations that play favorites, rewrite contracts, encourage frivolous lawsuits, seize private property, and manipulate economic choices to achieve outcomes that bureaucrats favor. The Right to Earn a Living charts the history of this fundamental human right, from the constitutional system that was designed to protect it by limiting government’s powers, to the Civil War Amendments that expanded protection to all Americans, regardless of race. It then focuses on the Progressive-era judges who began to erode those protections, and concludes with today’s controversies over abusive occupational licensing laws, freedom of speech in advertising, regulatory takings, and much more.” … Of the book, Dick Armey said: “Government today puts so many burdens and restrictions on entrepreneurs and business owners that we’re squandering our most precious resource: the entrepreneurial spirit and drive of our people. Sandefur’s book explains how this problem began, and what steps we can take to ensure that we all enjoy the freedom to pursue the American Dream.” … The public is welcome and encouraged to attend Wichita Pachyderm meetings. For more information click on Wichita Pachyderm Club.

    Success factor for liberals identified. On last night’s installment of The Right, All Along: The Rise, Fall & Future of Conservatism, economist Arthur Laffer issued this assessment of the presidency of Bill Clinton: “Two groups I love are principled conservatives and unprincipled liberals. And Bill Clinton I viewed as an unprincipled liberal. And he did one of the best jobs — one of the best presidents we’ve ever had.” It’s an interesting observation by Laffer that for liberals to have success, they must be unprincipled.

    Joshua Blick for Wichita City Council. A website for a candidate for Wichita City Council district 4 is up and running. Joshua Blick’s site says: “Joshua Blick is an active leader in District 4; he is the President of his neighborhood association and a local business owner. Joshua also passionately supports the growth and sustainability of new jobs for Wichita, and improving the quality of living for every resident in this great city.” District 4 covers the southwest side of Wichita. The incumbent council member, Paul Gray, may not run again because of term limits.

    Washington is why the economy is not growing. Mark Tapscott of the Washington Examiner runs through the reasons why the economy is not growing: “On every front, the federal government is creating more investment-killing tax uncertainty, issuing endless pages of new bureaucratic regulations on the economy, and preventing firms from taking actions that could create hundreds of thousands of new positions and kick-start a muscular recovery with real legs. … Obama is also tightening the federal bureaucracy’s regulatory straightjacket on economic growth. As the Heritage Foundation reported a week before the election, the hidden tax of regulation costs at least $1.75 trillion annually. … Then there is the Obama Permitorium on energy exploration and production here in the United States, which threatens even greater long-term damage to the economy’s ability to generate new jobs and growth. … Instead, Obama is spending billions of tax dollars to subsidize alternative energy programs that cannot possibly replace the energy produced by oil, coal or natural gas until 2030 at the earliest.” The full article is Mark Tapscott: Washington is why the economy is not growing.

    Rasmussen polls from last week. Current Congress not appreciated: “Most voters continue to give this Congress poor marks in its closing days, and they still don’t believe the national legislature has passed anything to significantly improve life in America.” Full story here. Ability of Congress to substantially cut spending is doubted, especially by Republicans. See Most Voters Don’t Expect Big Spending Cuts From New Congress. About half of Americans believe that lenghty unemployment benefits increase the number of unemployed people. See Americans Question Whether Extended Unemployment Benefits Do More Harm Than Good. Almost half say repeal of Obamacare would be good for the economy. See Health Care Law.

    Kansas Democrats not quite dead. Tim Carpenter of the Topeka Capital-Journal looks at the results of the November election in Kansas and the future for Kansas Democrats. An important process to watch is reapportionment, when new legislative districts will be drawn: “The reapportionment debate is likely to have an urban vs. rural character as districts are reconfigured to correspond with population growth in urban counties, especially Johnson County, and erosion of residents in rural areas of the state. The math isn’t clear yet, but results of the 2010 Census could trigger loss of two rural Senate districts and six rural House districts.” As for the future of Democrats, two observers say “They are back in the Stone Ages” and “We’re seeing a definite balance-of-power shift.” One observer warns that breakdown of the “union of Republican social and economic conservatives” could be an opening for Democrats and moderate Republicans. See KS Dems: Weaker, but not dead.

    Young Republicans group started. Lynda Tyler of Kansans for Liberty is shepherding a new group of young Republicans. Writes Lynda: “Do you know a high school student, child, grandchild in the teen years who is interested in learning more about politics and getting involved? Perhaps you would like to get them involved. Chase Blasi has started the Sedgwick Teen Age Republicans group known as STARS. We are sponsoring them and would like to help the group grow so see below for details on their next meeting.” Lynda is hosting a Christmas Party for this group. Write to her at lyndaty@swbell.net for more information.

  • Kansas Democrats described as ‘imploding’

    Larry J. Sabato, who is director of the University of Virginia Center for Politics, is a respected national political analyst who publishes Sabato’s Crystal Ball, an informative look at campaigns and races around the country.

    In the most recent issue Sabato takes a look at 2010 gubernatorial races and concludes that “There’s now no question that the gubernatorial turnover in November will be historic.” He estimates that Republicans will add six or seven states to the count of those states with Republican governors.

    In Kansas, Sabato is pointed in his criticism of Kansas Democrats and Governor Mark Parkinson:

    Kansas: Gov. Mark Parkinson (D), who succeeded Gov. Kathleen Sebelius (D) when she joined President Obama’s Cabinet as Health and Human Services secretary, has left his party high and dry. He refused to run in 2010, and to add insult to injury, he picked as his new lieutenant governor a Democrat who also pledged not to run. Despite a respectable Democratic candidate in Tom Holland, the election is all but over. Republicans will re-take the governor’s office with current U.S. Sen. Sam Brownback. This is a remarkable example of the governing political party imploding. The GOP can count this one as in the bag.

    Sabato rates Kansas as a “solid Republican takeover.”

    While Sabato describes Kansas Senator Tom Holland as “respectable,” if Holland was attempting to use his votes in the senate this year to establish a record that might appeal to moderates, he failed in that effort. In the Kansas Economic Freedom Index, Holland is the only senator who scored 0%, meaning that voted against economic freedom in all votes considered by this index.

    While it may be that the Kansas Democratic party is imploding, it has done very well in placing its members in statewide office. Considering Kansas statewide elected offices, five of the six are held by Democrats, and none were elected to their current positions.

    Governor Parkinson, while elected lieutenant governor in 2006, rose to his present position when Kathleen Sebelius resigned as governor to take a position in President Obama’s cabinet.

    Lieutenant Governor Troy Findley was appointed by Parkinson to replace himself.

    Secretary of State Chriss Biggs was appointed by Parkinson when Republican Ron Thornburgh resigned earlier this year.

    Attorney General Stephen Six was appointed by Sebelius when the incumbent, a Republican-turned-Democrat resigned.

    Treasurer Dennis McKinney was appointed by Sebelius to replace Republican Lynn Jenkins, who won election to the United States Congress.

    On the Kansas Supreme Court, there are three Republicans and three Democrats, with one Justice being unaffiliated, according to a Kansas Liberty story. In 2005, an analysis by the Kansas Meadowlark had the breakdown as five Democrats and two Republicans.

  • Tillman story may leave wrong impression of Wichita tea party

    The Wichita Eagle news story Democrat Tillman enters race for 4th District seat may give its readers an incorrect impression of the Wichita tea party protest held on tax day.

    In the story, the reporter quotes Robert Tillman as saying “Confederate flags (were) flown at the Republican tea party.”

    The first half of this statement is true, but hardly indicative of the sentiment of tea party protesters.

    I have about 360 photographs that I took at the tea party. Looking at them, I saw one confederate flag.

    I called Robert Tillman, the subject of the story and whose quote appears above, and asked him how many of these flags he saw. He said “at least two.”

    At least 2,000 people attended the Wichita tea party. So a rate of one confederate flag per 1,000 people, I’d venture to say, hardly supports the impression that readers may get from this story.

    By the way, an informal survey by a television reporter of 100 people at the tea party found 46 who identified themselves as Republicans. So the claim that it was a “Republican tea party” is not substantiated either.