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September 27, 2006
Attention Corruption Shoppers - Please bring your malfeasance to the register
The window on unethical behavior is closing
Welcome again to autumn, when we indulge in some of our favorite things: college football, Halloween, apple cider, and a chance for the ever-reaching spread of bureaucracy to place well-meaning obstacles in the way of simple, efficient self-governance. The Tennessee Ethics Commission officially starts commissioning (for lack of a better verb) on October 1. Before you get all defensive about how we need to enforce good behavior by elected politicians, remember one thing: the Ethics Commission is a product of the FBI sting known as “Operation Tennessee Waltz.” Okay, and one other thing: those accused in that operation apparently broke laws that were already on the books. The enforcers of these laws should include agencies already in existence.
No, we’re talking about ethics-shaving, not law-breaking. For example, is it legal for the Speaker of the Tennessee House of Representatives to be married to a top lobbyist whose clients undoubtedly seek to influence legislation, over which the Speaker enjoys considerable guidance? Sure it is. Is it ethical? There’s the catch. A set of conditions is neither ethical nor unethical. How humans navigate through the conditions helps define their ethics. Surely the ethical way to handle such a situation is for all employers of said lobbyist to clearly indicate their interests to the public, and for the spouse in the House to abstain from being directly involved in matters that...well, wait a minute. We might have a problem here. Next example, please.
Aside from the particularly convoluted scenario above — which, by the way, is not made up — the key element to legislative ethics is disclosure. The people demand to know what effort (i.e., money) is being expended for which cause, and can subsequently make informed decisions based on the very public documentation of such absolutely legal expenditures. You don’t “disclose” the taking of a bribe. As the tapes in the William Cotton trial demonstrated, you try to keep such things a bit out of sight. “That’s how they got Gass,” Cotton cautioned. That’s how they got you, too, Mr. Cotton. You and Charles Love practiced a little too much disclosure, albeit you knew it not. Sadly, the new Commission’s activities will focus more on (often petty) prohibitions than on simply providing the means for the public to become informed about the money that inevitably propels their civic reality. Interstate comparisons are dangerous at best, but a risk worth taking is pointing out once again that Washington (the state) has had an elected, fully “toothed” Public Disclosure Commission since 1971. It’s late 2006, and Tennessee is installing a buddy-appointed panel that will have trouble enough just navigating the many exceptions to all the proscriptions.
To demonstrate just how manacled the Commission will begin its life, take the recent news story about Economic Commissioner Matt Kisber, Toby and Brenda McKenzie, state Senator Jerry Cooper (he’s named in yet another scandal? this makes three), and some whopping loans made to Kisber’s company. Several who thought the whole thing didn’t smell just right inquired to the new ethics panel about looking into this matter, but the answer came back negative. See, the Commission doesn’t start work until October 1. In essence, that means that unethical acts committed through midnight on September 30 will receive that old “three monkey” treatment. You’re almost out of time, so get those checks and wire transfers going.
What’s unclear (to this writer, anyway) is how the Tennessee Election Commission’s responsibilities overlap with those of the Tennessee Registry of Election Finance. Lobbyists will now be required to register in a timely manner with the Ethics Commission, but it’s assumed that candidate fundraising filings will still be sent to TREF. Expect some confusion, and some of those frustrating “by the book” charges as a result. It’s the way of inter-agency dynamics (see under “Federal Government”). In addition to more stringent registration laws, the same act that establishes the Ethics Commission prohibits campaign contributions from lobbyists, contingency fees to lobbyists, contributions from employers and employer PACs (while the legislature is in session, so expect those last-minute parties to continue), legislators using lobbyists’ credit cards, and gifts from lobbyists to legislators (presumably the aforementioned Speaker’s wife can give him a birthday present, since there’s an immediate family exception), plus a 12-month lock on the so-called “revolving door” and mandatory ethics training for lobbyists (no long lines for that teacher’s job). Oh, and bribery and lying about it (or about any of the above) are summarily off limits. The Commission is given authority to levy fines ($10,000 max) and to call witnesses during its investigations. This column’s most cherished part is the new rule about open committee meetings and public notice given for committee votes.
It’s probably unfair to prejudge the Tennessee Ethics Commission before it begins, but we’ve been disappointed before. It’s only the smallest consolation that this new group will even meet at all, since a 2003 ethics panel commissioned by then-new Governor Phil Bredesen simply shrugged off its entire existence. That’s not the most comforting precedent, but we’ll see what happens.
[This column appears in the September 27, 2006 Pulse.]
Pulsations | By joe lance | 10:25 AM