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City to Citizens: Go Away!
How nervous? A proposed law in the works for over a year surfaced last
week in a public hearing of the city's Ethics and Elections Commission.
The proposal would require any "paid lobbyist" or group that contacts a
city official more than 12 times in a quarter, or spends more than $200
to influence public opinion on an issue, to register with the city as a
lobbyist and file extensive financial disclosure information.
While the general idea of disclosure, and the professed motives of the
ordinance's authors, are noble, the details are anything but. Effectively,
they could require virtually any private citizen making such contacts with
the city to become a "lobbyist" and file records of all mail, phone, fax,
or e-mail contacts, plus financial information, at the risk of enormous
fines. A paid lobbyist, according to some Commission members, would
include anyone who has a job for a company that has interactions with the
city, regardless of job description. It's unclear how in-kind donations or
volunteer donations of professional services would be treated. There is no
distinction made between contacts undertaken as a private individual and
those on behalf of an employer, even if, for example, you work as a file
clerk at The Bon and volunteer for a tiny enviro group in your spare time.
The result? Sending postcards to each City Council member twice in three
months might put you and the enviro group and The Bon at
risk.
Community activists also fear the staff time, money, and access to legal
counsel needed to sort out compliance; the risk to non-profit tax
designations; the rights of unions that legally must separate their
lobbying activities but must also deal with the city for routine contract
maintenance; and a host of other ambiguities that small, financially
marginal groups simply can't risk.
The net effect is that the big boys, firms with access to legal counsel
and the loopholes, won't be affected. But ordinary citizens and tiny
groups who can't afford huge fines if they don't keep and divulge detailed
records will stay away. In the name of regulating "special interests," the
city proposal effectively panders to them and freezes out the very people
who might hold them--or elected city officials--accountable.
Fairly or not, to many activists this looks like an intentional effort by
the city to shut out citizen input. Fortunately, because of questions
raised around these issues Friday, the SEEC didn't send the ordinance on
to City Council as scheduled. Instead they'll hold another hearing on
April 2; and in the interim more public comment is needed. Let these folks
know that Seattle desperately needs more grass roots involvement in
civic affairs, not less; and that any proposal that tries to drive
people away is going to create a much bigger political problem than the
one they're claiming to try to solve.
The Seattle Ethics & Elections Commission can be reached at 226
Municipal Bldg., 600 4th Ave., Seattle WA 98104; 206-684-8500, fax
684-8590, e-mail director.seec@ci.seattle.wa.us.
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