Senate Majority Leader Scott Fitzgerald, R-Juneau, has a problem with legislators’ obligations to other commitments.
Earlier this month, Fitzgerald introduced a bill that would prevent an elected official from simultaneously serving in the Legislature and as the county executive.
Fitzgerald is explicit that the bill is a direct response to Winnebago County Executive Mark Harris, a Democrat, announcing his candidacy for the 18th Senate District, which state Sen. Richard Gurdex, R-Fon du Lac, currently holds.
Fitzgerald’s arguments are simple: the positions create a potential conflict of interest and it is unfair to receive two tax-funded salaries, even though Rep. Bob Ziegelbauer,I-Manitowoc, recently did from 2006-13.
This bill is an unabashed political shell game, arbitrarily changing the rules for political purposes while appealing to some nebulous principle not adhered to elsewhere.
If the concern was really about legislators having a conflict of interest, then there should also be rules preventing someone from owning and running their own business, or serving on county boards or as the mayor, while simultaneously serving on a school board.
The Legislature has an extraordinarily large reach. Almost anyone in the state has some conflict of interest, either through the programs funded in the budget via explicit spending or through tax expenditures.
One could argue that legislators who also own businesses could create policies to benefit themselves, just as a legislator who also runs a county could. While a county executive could conceivably encourage spending within the borders of his or her county to help ease the budget and put more money toward those constituents, a senator usually represents several counties. So a county executive would face a potential conflict of interest with a third of their constituency. A business owner can easily vote to lower business taxes or establish a business tax credit.
These dollars flow directly from the taxpayer to the legislator, which is a clear example of a conflict of interest. Fitzgerald apparently does not mind these kinds of conflicts of interest.
Overall, some line of rationality must be used to establish what constitutes a conflict of interest and what does not. But the Legislature setting the arbitrary line for the county executive while allowing obvious conflict of interest to continue elsewhere, is irresponsible and without merit.
Ziegelbauer served as a Democrat, an Independent and as a Republican while serving as Manitowoc County executive, and Fitzgerald was not concerned at that time. This is nothing but partisan gamesmanship designed to suppress qualified Democratic candidates, while advancing a narrow subset of interests.
Reducing the effect of special interests on government is a worthy pursuit. When special interests and outside agents act through the Legislature to benefit themselves, Wisconsin loses. But sheep’s clothing barely veil this wolf. Fitzgerald explicitly calls this a response to one candidate.
He and his allies can claim fairness all they want, but it is clear this bill is nothing but an explicit attack on Harris who poses a legitimate threat to replace a Senate seat, which a Republican has traditionally held. Wisconsin deserves protection from special interests, but this is a terrible way to seek it.
Adam Johnson ([email protected]) is a master’s candidate at the La Follette School of Public Affairs.
