Everybody
seems to know that it’s a better thing to do what one should than to do what
one can. That knowledge, however, often fails to guide people in their
decision-making.
We
have an example of that right here in the valley: a case of somebody who
doesn’t quite understand the meaning of the biblical injunction in Luke 16:13.
That’s where Jesus is quoted as saying something about serving two masters.
What
he says is you can’t do it. Why?
“No
domestic is able to serve two lords, for either the one he
will hate, and the other he will love; or one he will hold to, and of
the other he will be heedless.” There are an endless number of translations,
but they all are more-or-less the same and the message they convey is the same.
The
language of the New Testament is remarkable in that it is probably the earliest
expression of what we call today a conflict of interests.
Put
the thought into a modern context, and you have something like this: an
advocate for two parties can never be relied upon to pursue with equal
dedication the goals or needs of both parties if their interests compete.
That’s
exactly what’s going on in Solvang.
The
mayor of the town, Linda Jackson, also is the executive director of the Solvang
Chamber of Commerce. Surely she believes, as the members of the chamber probably
all believe, that what’s good for the town’s business community is good for the
town. But that isn’t necessarily true. Sometimes advancing the interests of
business is detrimental to the private interests of at least some of the
townspeople. So, on its face, there is a potential that Jackson, representing
privately the interests of the town’s business community, might be confronted
with an awkward choice between supporting a policy that benefits the chamber’s
membership at the expense of the city’s private citizens, or another that
benefits the citizenry but is detrimental to the business community.
It’s
not a question of whether Jackson is an honorable mayor. We’re sure that she
is. Indeed, all the members of the city council are honorable people.
Yet
honor is sometimes not enough. If forced to make a choice between what’s good
for the broader mass of the city’s citizens and what’s good for the business
interests who employ her, how will Jackson choose? And is it fair that she be
forced to make that choice?
In
general, politicians in California solve problems like that by saying, in
effect, “if that situation ever arises, I’ll leave the room and let others make
the decision.” It’s called recusing one’s self.
As
it happens, just such a situation did arise in Solvang — in fact, it came up
twice in two weeks. And both times, Jackson refused to recuse
herself. She sided, and voted in her capacity as a
member of the city council, with a narrow interest against the broader interest
of the city at large.
Jackson
maintained that, after consulting with the city’s attorney, she concluded that
she did not have to recuse herself. But that opinion,
and her decision to cast a ballot while serving two masters who had interests
in conflict, was based on what we think was a very narrow interpretation of the
circumstances, which were these: the chamber, for which she works, received a
grant of $24,000 from the Chumash Foundation, which is funded by the Chumash
Casino. The grant apparently was presented to the chamber the very same day
that the council was considering a proposal to send a letter to the office of
Gov. Arnold Schwarzenegger opposing expansion of gambling at the casino. But
her employment by the chamber did not create a conflict of interests, she was
told, because the chamber is a not-for-profit organization. We think that’s a
pretty narrow loophole.
The
letter has not been sent because both times it came up, Jackson voted not to
send it. Her vote gave the “no” faction a 1-vote majority.
Might
she have voted the same way if the casino had not given money to the chamber?
Of course she might. She might have done so if she had never worked for the
chamber, too. That’s not the point.
Government in this country, in this state, in
this county, and even in Solvang, only works because people have faith that
clean hands are attending to their business. We respect our
government’s actions because we believe the process is fair. It is therefore
incumbent upon everyone involved in the process not only to be fair and honest
in their public actions, but also to appear to be so. It’s not good enough for
the process to be fair: it also must look fair.
And
when somebody who works for an entity that appears to have a stake in the
decision being made disregards the objections of her peers and the public and
votes to advance the interests of that one stakeholder, it is irrelevant that
her vote might be based on reason or on beliefs that have nothing to do with
her employment. It still looks bad.
When
push came to shove and Jackson was asked to step aside for appearance’s sake,
she refused to listen to the request. It can be fairly said of Jackson, as it
was of another Jackson in 1861, that, under fire, she stood her ground like a
stone wall.
We
don’t think Solvang needs its own Stonewall Jackson, and the voters of Solvang
don’t need to see her stonewalling her colleagues on the council, who know good
and well, even if she does not, that the people they serve want and need to
believe that the system works the way it’s supposed to, and that the deck isn’t
stacked against them.
That’ll
be 2 cents, please.