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0818, 24 Oct 18

Conflict in Washington County

Here is my full column that ran in the Washington County Daily News yesterday.

Before he became the father of Texas, Stephen Fuller Austin served for a time in the territorial legislature of Missouri. He was a savvy, energetic legislator whose personal interests often aligned with the interests of his home district of Washington County.

For example, Austin aggressively pushed for a tariff to protect lead mining, the primary business in his district and his family’s business. He also advocated fiercely to get the government to grant a more favorable charter to the Bank of Missouri, of which his father was a founding director. Both efforts were intended for the benefit of his district and Missouri with the convenient side effect of directly benefitting Austin and his family.

The blurring of public and personal interests by elected officials is as old as representative government itself. This blur came to the fore in Wisconsin’s Washington County and has resulted in county leadership essentially forcing a supervisor to resign.

When the Washington County Board supervisor for District 11 moved away a few months ago, the County Board appointed a replacement, William Blanchard, to serve out the rest of the term. On Oct. 3, Blanchard submitted his resignation “under duress” due to an insurmountable conflict of interest.

At issue is the fact that Blanchard’s daughter receives significant care from various county departments. Upon investigation, county officials determined that because so many departments were involved, the only way to avoid the potential conflict of interest was for the county to outsource his daughter’s care to another county, at significant expense, or for Blanchard to resign.

The Washington County Ethics Board issued an opinion that although there was no “wrongdoing or ethical violation … there is a conflict of interest,” and “Blanchard should resign.” To that end, County Board Chairman Don Kriefall, County Administrator Josh Schoemann and County Attorney Brad Stern told Blanchard that he needed to resign.

This raises all kinds of questions. What constitutes a conflict of interest? According to the county’s code of ethics, a conflict of interest results from an official’s “action or failure to act in the discharge of his or her official duties which could reasonably be expected to produce or assist in producing a substantial economic or personal benefit.”

In this case, the potential conflict of interest exists if, and only if, Blanchard uses his office or votes on issues related to services that his daughter receives. The simple solution, which Blanchard offered to do, is for him to recuse himself from such votes. This is common and routine for elected officials. The Washington County Board, like every elected board, is riddled with conflicts. Supervisors and their families work for the county, use county services, serve on municipal governments, work in businesses that do work with the county, etc. It is impossible to have an elected county government full of citizens who do not actually live in the county.

For Blanchard, county officials insisted that they would need to outsource services for his daughter to avoid a potential conflict. Why? Again, the simple and cheap solution is for Blanchard to recuse himself if there is a conflict of interest. Outsourcing services to another county just to avoid a potential conflict of interest with one supervisor is an expensive overreaction. It is not the county’s duty to avoid the conflict. It is the supervisor’s. If the supervisor commits an ethical offense related to a conflict of interest, then the County Board can take action.

What is concerning about this is that county officials constructed an unreasonable standard to force an elected official out of office. Blanchard was faced with either resigning or being responsible for forcing the taxpayers to pay thousands of dollars of additional costs to care for his daughter. He was forced into this decision even though the simple act of recusing himself from relevant votes would have adequately sufficed to avoid a potential breach of ethics.

The downside of Blanchard’s potential conflict of interest is that he may have to skip a lot of votes. This would bring into question whether or not he is adequately representing the citizens of his district. But that decision is not for the county administrator, county attorney or County Board chairman to decide. That decision is up to the voters of District 11.

In a representative government, elected officials only have one boss — the people. Barring criminal corruption in office, which would justify removal from office, it is up to the people to decide who they want to represent them. If Blanchard recuses himself from a lot of votes, it is up to the people to decide whether that is good enough or not. And frankly, given that Washington County has a ridiculously large board with 26 supervisors, and it is exceedingly rare for any vote to come down to a single supervisor’s vote, it is unlikely that Blanchard’s vote would ever result in a “substantial economic or personal benefit.”

Washington County’s leadership undermined the tenets of representative government when they forced Blanchard to resign. It wasn’t their call. It should have been left for the voters to decide.


0818, 24 October 2018

1 Comment

  1. Kevin Scheunemann

    Well articulated!

    I have been victim of ethic codes being used as a weapon to take my vote out of a political discussion as well.

    In my case it was a board member attempting to enforce an ordinance, retro-actively on a local church, at great expense. I opposed such unfair action. I also sit as a “Leadership Team” member of the church. Board member went to League of municipalities and got a lawyer to torture out a non legal opinion email, that if I even commented on the topic at meetings I could be violating “ethics code”. I recused myself to be safe, while the ridiculous political attack against the church continued. In retrospect, seeing this Blanchard story, I now see how these “ethics codes” are being weaponized to detriment of simple, open, political debate.

    If it were not for the the total vulgarity and disgust of liberal intersectionality and political correctness, this weaponizing of ethic codes would be the chief danger to free and open debate.

    Owen is very correct about his concerns on this.

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