They’ve Got a Secret
The News Guy is going to (sort of) violate his usual policy today to (sort of) take a position on a bill before the Legislature.
As regular readers know, what the computer nerds call the default position of this site is to inform and to analyze, not to advocate or oppose. There is no shortage of advocates and opponents, hence no need to add to their number.
Besides, to the reporter, casting the same jaundiced eye on advocates and opponents is what comes naturally; joining either side does not.
Worse, in this case, the joining, however conditional, leaves the News Guy vulnerable to accusations of acting out of self-interest. The accusation would not entirely without foundation. The case about to be made here is being made out of the conviction that it is in the interest of the general public. But there is no doubt that it is in the interest of the news business and its practitioners, all of whom have a vested interest in public information being…well, public. That’s why some of them – including the publisher of the Rutland Herald and Barre/Montpelier Times Argus and the editorial page of the Burlington Free-Press — have come out in opposition to H 331, which is likely to get final approval from the Vermont House of Representatives Tuesday.
This post is going to stop just short of outright opposition. The bill, which would allow big-money contributions to the State College system and the University of Vermont to remain anonymous, is complex. It purports to have protections against the most likely abuses. Corporations would not be allowed make anonymous donations, not would individuals doing business with the colleges or UVM.
But just who would decide whether a donor was doing such business seems absent from the legislation, as does how and through what agency the donation would be either returned or revealed.
It is probably true that the colleges and UVM would raise a little less money if all donations of $10,000 or more were a matter of public record. Believe it or not, some folks don’t want their generosity known. A Free Press article last month quoted UVM spokesman Enrique Corredera explaining, “some do so out of humility. Some wish to avoid unwanted solicitation for donations. And, increasingly, donors wish to maintain anonymity to protect the privacy and personal safety of themselves and their families.”
Well, no doubt all that happens. But you know what else happens? A lot more than any of that other stuff?
People hide what they’re doing because they have something to hide. They keep their names from the public because they don’t want the public to know what they are doing. And they don’t want the public to know what they’re doing because they think the public will disapprove. The public might think that the big-money donors are being at least as selfish as generous; that they have an angle; that some of those gifts come with a price.
The public will so think because it is true, often enough if not usually. Any time rich and powerful people (although the rule may also apply to poor and weak people) are allowed to act in secret, some of them will act in their own interest, not the public’s.
Before the lawmakers vote Tuesday, they might take a look at the impacts of anonymous donations at the University of Oregon and the University of Louisville.
……..
The Oregon story is easily available at the News Guy’s occasional collaborator, the news web site VT digger, in a story by Donald M. Kreis about the new $200 million basketball arena and nearby 40,000-square-foot tutoring center for athletes on the campus in Eugene.
There’s no anonymity about the Knight Arena, named for Phil Knight, the head of the Nike shoe empire, and a big contributor to the university. But University officials are not revealing the cost of the other building, the Jaqua Academic Center for Student Athletes, or who is financing it.
“When donors call the shots…outside the normal requirements of public scrutiny, Kreis warned, athletic boosterism can too often become (a university’s) driving strategic priority.”
The University of Louisville is the alma mater of Sen. Mitch McConnell, the Kentucky Republican who is the Senate Minority Leader, and is now home to the McConnell Center for Political Leadership.
Among the Center’s contributors, whose names were kept secret at first, was at least one company that benefitted from “earmarks” McConnell shepherded through Congress, and others with close ties to the senator. As revealed by the web site of Citizens for Responsibility and Ethics in Washington, When the Louisville Courier-Journal sued to get the names of the donors, the Kentucky Supreme Court allowed the University to maintain the anonymity of those who had already contributed, but not of future donors, who, the court noted “may not simply wish to conceal their identities, but rather may wish to conceal the true purposes of their donation.”
Because the secrecy of corporate donations would not be protected by the Vermont bill, the situations are hardly identical. But that doesn’t mean there won’t be those who “wish to conceal the true purposes of their donation.”
It isn’t even necessary to do business with a university to corrupt it. Consider the possibility that the wealthy head of a pharmaceutical or biomedical company makes a secret donation to UVM to finance a health research center. Having put up the money, he has some say in who runs and staffs the center. The director and the researchers will know who buttered their bread, even if the public does not.
What this health care mogul might have bought himself is a study that concludes that the new product his company is about to take to market is a safe and efficacious cure for fallen arches, lower back pain and unrequited love, when a panel of unbiased doctors might have found it as helpful as soda pop. Neither the donor nor his company would have done a shred of business with the University.
Whoever doubts such a thing can happen is invited to Google “medical research fraud,” and prepare for several hours of fascinating reading. And health research is one of the “spires of excellence” on which UVM is planning to concentrate as it rearranges itself for the future.
Members of the House ought take these dangers into consideration. And they ought not comfort themselves by the assurance nothing like that can happen here.
Absent public access and open records, it can happen anywhere
