Tag: legislature

Facts Aren’t Always Impartial

Post author By David
Post date June 19, 2013
No Comments on Facts Aren’t Always Impartial

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I was listening to Doug Wright this morning talking about the John Swallow situation and I found myself laughing at the linguistic gymnastics he was engaged in trying to discuss the situation without suggesting that impeachment might be the proper course of action to untangle the mess that Mr. Swallow has created.

I can’t decide whether the verbal somersaults were a result of Mr. Wright trying to appear unbiased while secretly agreeing with the Eagle Forum that impeachment should be reserved as a tool we use after we know an official is guilty of serious crimes such as the FBI might investigate or if it was simply a result of Mr. Wright not understanding that being personally impartial does not require the pretense that the facts of the situation be impartial – as if there are facts in favor of Mr. Swallow the way there are so many facts that clearly demonstrate that a legislative investigation is already warranted. Of course there are many unproven allegations out there but there are enough allegations backed up with enough evidence to clearly warrant an investigation by the House.

Here is my unbiased (and unvarnished) opinion. Unless the House is able to investigate and prove that the many emails, recordings, and receipts that we already have in relation to Mr. Swallow’s interactions with Mr. Jensen and Mr. Johnson were fabricated then Mr. Swallow has clearly violated the public trust and should not hold any position of public trust – even if everything he did was technically legal as Mr. Swallow obviously believes (which is why he insists on directing our focus to the existing investigations by the FBI – which necessarily cannot address the issue of public trust).

Tags Doug Wright, impeachment, John Swallow, KSL, legislature

culture Local State

Demanding Accountability

With Kevin Garn resigning, the possibility of closure for the legislature over this sad story is within sight. By resigning promptly Rep. Garn has demonstrated greater wisdom than some of his colleagues who facilitated this public circus by allowing this to be aired from the chamber floor and then giving him a standing ovation.

Out of respect for the seriousness of this situation and the honor that should prevail within the elective body this should have been handled somwhere other than the floor of the house. Regardless of where the public announcement was made it should not have been followed with applause for any reason. (I might make an exception if he had chosen to announce his resignation in the same prepared statement.) I’m not saying that his colleagues should have publicly castigated him when he made the announcement but there was nothing to applaud in his admission of shameful past actions.

I believe that anyone who participated in that inappropriate applause should publicly explain their participation. Anyone who does not do so in the next few days should face at least a token opposition in the primaries by an opponent who will demand an explanation of that action. There are only two possible explanations: “I was foolishly caught up in the crowd” or “I was coerced to join in the applause.” Either reason should be publicly acknowledged.

I questioned my own representative relative to what happened and her explanation was in line with “it was a reaction to very surprising news.” In her own words she said:

At that time, his statement was so out of context for what we were expecting to hear . . . My personal reaction at that initial moment of hearing the 2 minute statement was thinking that while his political career was most likely over, 1) that the forthright nature of the confession was admirable and courageous, 2) the work he had done as a legislator was effective . . . and 3) he had been a real support to me on several tough issues this session. Those 3 thoughts, combined with the fact that in the House we have a propensity to stand and clap for everything, led to that reaction from all of us. Also, when Speaker Clark finished his statement it was an invitation to stand and support our colleague. There was no condoning or justification or excusing the behavior included in the statement, however.

Now, understand, the standing/clapping is a very different issue than condoning the initial behavior . . .

However, I can see how inappropriate the clapping was and the message that it sends to the public. It is confusing and misleading at best and ultimately was the wrong reaction to a wrong venue for a significant statement such as this. (From private email correspondence—used with permission.)

I consider that to be a reasonable explanation especially in light of a statement she made later that as more information has become available she is very disturbed by the behavior.

I think it is as important for the public to be conscious of how much more we know now than was public when his statement was read as it is for public officials (now and in the future) to recognize that a very measured public response is always in order (whether in drafting laws or in supporting a colleague) because the public will still see their initial response after more information is available.

Tags 2010, Becky Edwards, Davis County, House 20, Kevin Garn, legislature, Utah

State

Return of the Food Tax

Curtis Haring is concerned about the possibility that the state legislature will reinstate the food tax that they repealed all too recently. Considering that the state is facing a budget shortfall in the neighborhood of 3/4 of a Billion dollars, it is a very legitimate concern for Curtis and a very legitimate consideration for the legislature.

I wish that I could provide a link to the poll Curtis cited showing that 68% of Republican political insiders who favor bringing back the tax on unprepared food. (Curtis has now provided the link to that poll – thanks.) On the other hand I can provide a link to a report from Senator John Valentine stating that Governor Herbert has submitted a budget devoid of any tax increases. I hope that budget is also free of numerous fee increases, but either way I recognize that it is the legislature and not the Governor who will ultimately pass a budget bill to deal with the shortfall.

Amazingly, amid his criticism of what he expects out of the Republican legislature, Curtis fails to mention even a hint of disappointment with Democrats despite his acknowledgment that the same poll showed that 81% of Democratic political insiders favored reinstating the food tax. (With the link to the poll Curtis also provided the correction that 81% of Democratic political insiders are against reinstating the food tax.) While I hold out hope that the food tax will stay dead, based on what Senator Valentine said about the Governors proposed budget, I am absolutely confident that if the food tax returns it will be the result of the democratic super-minority in the legislature being unwilling to make necessary cuts along with a good chunk of Republican legislators who do not have strong principles against government control of virtually everything. It will be the Democrats and these semi-principled Republicans who are unwilling to make unpleasant cuts in waste and some not-truly-critical programs who force the return of the food tax if it does come back to life.

Looking forward to the next legislative session I would give at least 50% odds that the food tax returns to Utah. If it does, I hope that final suggestion that Curtis makes – that any tax increases (and I would add fee increases) in the budget have a sunset clause built in so that the legislature is required to revisit those increases as the economy recovers in the next couple of years – is attached to the budget bill that finally passes.

Tags connections, legislature, taxes, Utah

General

Legislator as Advocate

Many times during campaigns for legislative offices voters and candidates alike portray officeholders as leaders. I think this is a mistake. A more accurate portrayal would be of officeholders as advocates. Their job is one where they speak out for positions and principles, but it is not possible for a legislature to be made up entirely of leaders. Obviously some legislators will be leaders, those who are able to rally other legislators to support the ideas and positions they are advocating but all legislators should be advocates while only some of them will be leaders – that is one of the primary differences between the legislative and the executive branch.

Voters may prefer that their legislator be a leader, but they must insist that their legislator be an advocate. If they choose a leader who cannot be an advocate they will be frustrated and disappointed. If they choose someone who is an effective advocate for them and their positions they will be satisfied. If they are able to have a legislator who is effective both as an advocate and as a leader then they should feel very fortunate.

Tags discourse, ideal, leadership, legislature

General

Legislator as Negotiator

Politics is the art of the possible.

So said Otto Von Bismarck in 1867 and he was surely right. One of the challenges for an idealist is that compromise is a necessary and appropriate component of the political process. It happens within parties and it happens within legislative bodies. In both cases compromise is necessary because all decisions in those settings affect a number of people who are in a variety of life situations and hold varying goals for themselves and their communities and good decisions cannot be made without addressing the concerns and perspectives of those various parties. Some dislike this reality – and certainly some use it as an excuse to abandon all principle, but the ability to recognize when and how compromise is appropriate is an important skill for any good legislator.

Obviously the ability to analyze and communicate with colleagues and constituents is a critical prerequisite for a legislator to be an effective negotiator. The real challenge once the analysis and communication abilities are in place is knowing how to balance the ability to negotiate with the understanding of what values or positions are non-negotiable. A legislator should be a good negotiator, but they should not be a chameleon or even a contortionist.

Part of their negotiation must be that there is a core which is immutable – one that they have communicated to constituents. The constituents should be able to depend upon this core of principle to predict how their legislator will represent them and the legislator should be able to articulate how their actions during negotiations conform to those core principles. Once the core of principles has evaporated in the face of their legislative record constituents should be quick to replace their legislator – and a legislator should expect no less from their constituents.

Tags campaign promises, civic participation, communication, ideal, legislature

General

Legislator as Analyst

Earlier this year at a town hall type breakfast meeting I had the chance to ask Senator Bennett what he considered to be the most important task of a Senator. I was not very impressed with his answer that the most important thing was to try to see the future clearly. I still argue that keeping their oath of office is what all the actions of an elected official should revolve around, but upon further reflection I think I have a better understanding of what he meant and it was closer to acceptable for me. His third item in the list of of most important jobs was that they should do their homework. I think that what he was trying to get at was that legislators need to study the information that is available to them and then make wise decisions about how to deal with whatever information is available. After all, that is the whole point of a representative form of government – voters are essentially selecting someone who will have access to more information than most of them with the expectation that the elected official will make a better than average decision with that more comprehensive information.

While that task of analyzing information to make decisions should be anchored to keeping the oath of office it is truly one of the most important tasks of a legislator. As an analyst, a legislator must always be seeking as much information as possible on the issues they are called to decide upon. They should seek that information from their constituents as well as all the official sources of information that are brought before them (such as task forces and committee reports). Their job is to take all that information to put together as accurate a picture as possible of the reality they are dealing with and then make as wise a decision as possible with that understanding.

Tags civic participation, ideal, legislature

General

Legislator as Communicator

Post author By David
Post date October 12, 2009
2 Comments on Legislator as Communicator

The job of being a legislator demands that anyone who hopes to fill the role be a capable communicator. I’m not talking about the ability to speak in sound-bitese (although there is a place for that). I am talking about the ability to send and receive messages to voters and to other public officials they are called to work with (both outside and within the legislative body they are or hope to be members of).

Sending messages requires the ability both to craft a message and to deliver it in a way that it will be understood. That’s easy to say, but doing it is tricky as the message must be understood across a variety of media. The message must be understandable when it is delivered in written articles, interviews, town halls, sound bites, and in the various abbreviated forms that dominate the realms of advertising. Publishing is very easy in this age (just ask me, I’ve been publishing thoughts for years on many subjects), but some people realize that and seem to forget that actual communication is much more complicated.

Receiving messages requires the ability to listen, read, or observe without filtering the input to remove any data that contradicts expectations. It also requires a willingness to be open to input from all sides and to make people aware of that willingness. That openness and ability to productively engage with detractors as well as supporters is crucial for a legislator to be effective and to have the necessary information to represent their constituents.

The skills of communication are one of the qualifications of a legislator that are crucial as part of the campaign and the actual job. In fact, the skills of communication should be vastly more important in re-election campaigns than fund raising (this is less true when first campaigning for an office). The only ability that should be as necessary as communicating in a re-election is the ability to work tirelessly.

Tags communication, legislature, media, thoughts

General

A Legislator as a Person

When I assert that anyone who would be a good legislator must have some basic life qualifications I base that assertion on the example outlined in the Constitution where requirements are set for members of the House to be at least 25 years old and members of the Senate to be at least 30 years old. Basic age requirements such as these may be among the few life requirements that are truly objective and quantifiable but I believe they are indicative of a larger (although still limited) set of subjective requirements that must be met by a good legislator. The age requirements set forth are appropriately different for different offices. The purpose of the age requirements is the same – it is intended to promote a level of maturity and life experience commensurate with the duties of the office.

Another subjective requirement of a good legislator include the ability to connect with the people that they would be representing so that they can understand their constituents and relate to them. Obviously they cannot expect to experience everything of concern to their constituents, but the ability to listen and empathize with those they represent. Due to variety among the constituents empathy will not always mean agreement but so long as the legislator feels that they are above the constituents rather than among them they will be unable to accurately and dependably represent their perspective within the legislative body.

The last subjective requirement that I would include is a degree of stability in the life of the legislator. While anyone can have their life disrupted unexpectedly it is unwise to choose a legislator whose life is currently riddled with disruptions. In a stable society the effects of legislation are often long lasting and thus should be protected as much as possible from avarice and caprice. Witness the situation in Massachusetts where the democratic legislature made a law when they had a republican governor that the governor could not name a replacement in the event of vacancy in the seat of their senators. Now a few short years later they have a democratic governor and an actual vacancy – so they change the law rather than wait to fill the seat after a special election as they had prescribed before. It is important that legislators have lives that are stable to give them the best chance at creating laws which will also be stable. A legislator who has a life currently marked by stability will be more likely to plan for the future for himself and for those that he represents.

Tags ideal, legislature, thoughts

General

An Ideal Legislator

I seem to have caught the interest of some people when I offered to describe the job of a being a legislator. I said that it would take multiple posts (and it will), but I thought I should start out by explaining the scope of what I would be describing.

My view is that being a legislator involves being a person and thus the job of a legislator demands some qualifications within the life of the person filling the role. I believe there is a lot of room for variation, but there are some things that really are necessary in the life of someone who would be a good legislator. (If I still have any atheists among my readers let me just offer that having any religious belief or affiliation is not among the qualifications.)

Being a legislator also involves being a candidate in the vast majority of cases (there are obviously exceptions where someone is appointed to fill a vacancy in a legislative body) thus there are ways that an ideal legislator would approach the campaign process differently than a less-than-ideal legislator. Watching campaigns today is a good way to observe how far our current political environment is from the ideal. (I know that when I talk about this there will be people who argue that what I say is impractical – in fact I would not be surprised if some of what I say gets labeled “political suicide.”)

Finally, being a legislator obviously involves participating in the process of crafting legislation. This is the most important aspect of what makes an ideal legislator and in some ways the least well understood. I would argue that a legislator who truly does their job in this area should not have to actively campaign for re-election other than to defend themselves against any unfair attacks from challengers. (I do make some exception in this for those who have not served a full term because of being appointed, and possibly also for first term representatives because they have served less than two years before voters are asked to vote again on filling their seat.)

Tags change congress, ideal, legislation, legislature, thoughts

State

End of the Session

When the legislative session started in January my representative, Becky Edwards, promised to blog each day of the session. Now that the session has ended I want to thank her for keeping that promise as well as the rest of her efforts to keep her constituents informed of what she was doing to represent us including publishing her votes each day for the last half of the session (every day since she got the vote tracking tool to record her votes – a total of more than 300 votes before yesterday).

I hope that she slept in today as much as she deserved – and then I’d love to see a list of the votes she cast yesterday. (It’s probably a huge list.)

Tags 2009, House 20, legislature