I apologize for having to lump so many topics into one post, but I'm having to economize my time.
First, thanks to all who have commented, emailed and called about the Lil' Batgirl. It's much appreciated.
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The biggest news of the day is Leo Mazzone's departure from the Atlanta Braves. Well, maybe not the biggest news, but it's huge to Braves fans. He got offered a job to coach with his best friend, in his hometown where his parents and children live. And as an added bonus, his salary is doubled. I'll miss him, but I can't blame him. At least he didn't go to the Yankees.
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It turns out that Phil Bredesen can't order his staff not to take a lobbying job after they leave his employ. At least he can't do it via executive order, so says his lawyer. Of course, we find this out the day after he makes a public pronouncement that he will end the revolving door practice. Didn't he think to ask his lawyer if this is legal before he made a big public to-do about it? Was everyone but his lawyer in on the decision? Looks like his press staff knew what was going on. I find it pretty hard to believe that no one asked the legal staff about the legality of an executive order. Who authors executive orders? The lawyers. Oops.
This is classic Bredesen political opportunism. Even in the off-chance that Bredesen didn't talk to his lawyers, he made the statement knowing that a second day
story about him not being able to do it wouldn't make the waves that
his first day story would. Either he made the statement without clearing it through the Counsel's office first (which is irresponsible) or he did and blew it off knowing they could fix the problem in a manner that would draw as much attention as the initial announcement. That's nefarious.
As I've stated before, I'm opposed to a revolving door law anyway. It does nothing, absolutely nothing, to address real ethics problems and it will create more than a few. It will drive lobbying underground. If a legislator or executive branch employee wants to take a lobbying job, they will. They'll just lobby in more subtle ways until their elimination period ends. So we've traded registered lobbyists for a lobbyist who can't register, isnt' bound by the attendant disclosure laws but will still influence legislation, even if it isn't by way of lobbying.
Revolving door bills look good in the newspaper but they're shoddy policy, just the kind of thing I would expect the Bredesen administration to champion.
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Speaking of revolving doors, Kim McMillan seems to be walking through one everyday. (Before you continue reading this post, I strongly urge you to read the entire Tennessean article. So go away and do that now.)
Good, you're back.
Let's review. Kim McMillan sponsors an ethics bill with a glaring loophole, one that she and her fellow lawyers get to walk through. Even indicted, resigned and disgraced former State Senator John Ford sees that as a problem:
One of those arrested, former Sen. John Ford, D-Memphis, spoke out on
McMillan's legislation during an April debate. Ford criticized the
lawyer provision as "patently unconstitutional" and said it gave
lawyers special treatment and allowed them to represent clients doing
business with the state.
Ford has pleaded not guilty in the Tennessee Waltz sting.
The
ethics law was aimed at elected officials such as Ford, who were taking
money from firms to perform consultant work and pushing their interests
before state boards, commissions and agencies.
"You
can't hide behind being a lawyer on all of this stuff," Ford said
during a heated speech before a packed Senate chamber. "Fifty percent
of the lawyers I know don't practice law, they do consulting work."
And then McMillan, who is an incredibly smart woman, inexplicably does an not-so-smart thing by using the loophole to represent a client before the Tennessee Regulatory Authority, a state agency that McMillan oversees in her capacity as a legislator. She obviously thought that a) no one would notice or b) her friends in the press corps wouldn't make a big to-do of it. She's forgotten that things have changed over at The Tennessean.
Ah, Mr. Groundskeeper, aren't you okay with the revolving door? Well, certain varieties of it. The kind where a public official gives up their position to enter lobbying or consulting practice doesn't keep me awake at night. That's a one way door. The kind where an official continues in their capacity while representing businesses in front of the legislature or other state boards is problematic. That's actually a revolving door they walk through everyday.
My question is this, is what McMillan did any different than what John Ford did by consulting for a company who was trying to get more TennCare business? Both were representing a private business who was trying to expand their business. In Ford's case the business was trying to get the state to do use the state for TennCare services. In McMillan's case, she was trying to get a state agency to allow the business to provide new services. That's the only distinction that I see. What say you? The comments section is open.
For more coverage: McMillan's response is here and here.
An AP story.
Tim Chavez weighs in on the issue.
The Jackson Sun editorializes against McMillan. Where are the other papers? They weren't shy about excoriating Tre' Hargett for walking through the one-way door, what do they say about McMillan's daily revolving door?