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updated 2:54 PM CDT, Jul 28, 2018

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Business use of independent contractors coming under fire in legislative proposal

A legislative proposal that is the outgrowth of state and federal agencies targeting what they perceive as a growing abuse by business of misclassifying workers as independent contractors is stirring the concern of businesses who view the bill as an excessive reaction.

 

In fact, one Seattle-area attorney long involved in independent-contractor legal issues, says an attitude "inhospitable to the independent-contractor business model" has become evident at both the state and federal levels.

 

Employing independent contractors has long been an essential practice in some industries, as with newspapers' use of freelance writers or real estate firms and their independent agents. But the pressures on business during the economic downturn from which some are still just emerging has made the strategy of using independent contractors rather than hiring employees more common, and with that has come some abuse.

 

State and federal agencies, upset by what they view as millions in lost tax revenue, aided by labor leaders' targeting House Bill 1414 as one of their top priorities this legislative session, have tagged misclassification abuses as part of the "underground economy."

 

Calling it part of the "underground economy," which is generally defined as money-making activities, frequently illegal, that aren't reported to the government, is itself viewed by business interests as part of the overreach by proponents. .

 

There are several things about the bill, titled "The Employee Fair Classification Act," that business views as a reach too far by those proponents. The first is that the bill would establish the premise that "an employer-employee relationship is presumed to exist" for anyone who performs service for pay." What follows is a series of exemptions to that blanket assumption.

 

Some besides business may find it a cause for concern that the measure would create a new provision making it a crime to retaliate against those who complain to authorities about a misclassification by the employer, with an assumption of guilt. The measure would make violations of the retaliation provision a gross misdemeanor and, in a Napoleonic-law twist, assume the business is guilty of the crime unless it can prove its innocence.

 

Kris Tefft
Kris Tefft

Kris Tefft, chief legal counsel for the Association of Washington Business, has led the effort to lobby lawmakers and alert businesses about the bill's problems. He says his priority in seeking to raise concerns about the bill "is to convince legislators that this is too much of a regulation step to impose on legitimate businesses."

 

The bill has made it out of one committee and has until Friday to be cleared by the finance committee for an eventual vote in the House, where passage would be likely since this bill is a top labor priority this session and the House is controlled by Democrats. A companion bill filed in the more moderate Senate has languished in committee so business is hoping that means the measure won't clear the Legislature this session.

 

In fact, Tefft's goal is to keep the measure from even reaching a vote in the House.

 

"While it is a top labor priority, it has drawn fire from a broad and deep coalition of various industry groups who are all working on keeping the bill from the House floor," he said. The goal is to "get legislators to go back to the drawing board in terms of addressing identifiable problems with the 'underground economy.'"

 

Nigel
Nigel Aviles

Nigel Avilez, an attorney on Mercer Island who has been involved with the legal issues surrounding independent contractors since before it became a hot issue, suggests government has created "a climate that is intolerant of independent contract misclassifications."

 

Avilez, whose Mercer Law specializes in independent-contractor and worker-classification law, describes the current attitude of both state and federal agencies as "inhospitable to the independent-contractor business model."  

 

The bill, despite its potential major impact on businesses, is only now starting to gain some visibility outside the legislative halls and raising the eyebrows of business owners as they learn of it..

 

None of the opponents of the measure deny that some businesses, particularly many whose fortunes have suffered a serious downturn in the recent financial turmoil, have become scofflaws, basically trying to be creative in worker relations, and thus creating a problem for legitimate businesses.

 

And that, according to Avilez, has created "an inflexibility" on the part of agencies toward working with businesses who have merely made a mistake in classification of independent contractors, rather than being guilty of cheating. "Some agencies feel people are cheating the system so they don't want to cut any slack for any business."

 

Avilez did a public-records request and searched the documents to conclude "there is an apparent coordination between the U.S. Department of Labor and state agencies."

 

"For example, between 2010 and 2012, public records show that the Washington Employment Security Department (ESD) audited close to 140 nail salons, and assessed substantial taxes in many of those," Avilez said. "The quantity of these audits was far and above most other industry audits, clearly suggesting that the nail industry was being targeted by ESD."

 

Five hair salons were found to owe taxes of more than $20,000, not including penalties, with three dozen hit with taxes of $5,000 or more, plus penalties.

 

 

As an indication of the historic role of independent contractors for some industries, Tefft noted that "a lot of industries are coming forward with bills that would exempt them from the provisions of the bill should it become law."

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SEC's struggle with rules for start-up fundraising troubles some angel investors

The federal JOBS Act aimed at opening the door for entrepreneurs to reach out to crowds of potential investors on the internet appears, ironically, to be hung up at the Securities and Exchange Commission (SEC) on the issue of tighter restrictions on entrepreneurs who seek more sophisticated investors.

 

In fact, angel-investor leaders are concerned that the SEC's deliberations may produce rules that make it harder for entrepreneurs to raise money from those wealthier individuals, referred to as "accredited" investors. 

 

Liz Marchi
Liz Marchi

The reason is that Congress decided that entrepreneurs would have to validate investor accreditation, rather than being able to take the word of investors that they were "accredited," as has been the case until now. But the lawmakers left it to the SEC to figure out how to impose rules for such "validation."

 

"I don't think anyone in Congress was thinking about the actual impact the change would have on accredited-investor rules," said Liz Marchi, whose Frontier Angel Fund, Montana's first angel fund, has become one of the nation's most successful angel-investor groups. "That's why I think you see basically nothing being done at the SEC."

 

The legislation, officially the Jumpstart Our Business Startups Act, was passed by Congress in April and was designed to be a job creator by making it easier for entrepreneurs to raise capital and thus launch companies and create jobs. The first part of the bill would ease raising start-up capital through "crowdfunding" on the Internet and the second part to eliminate the prohibition against advertising and soliciting traditional "accredited" investors.

 

The SEC was given until yearend to determine the rules that would govern operation of crowd-funding efforts. But the portion dealing with accredited investors called for the SEC to figure out by July 4 how to implement rules to eliminate the prohibition against general solicitation and advertising in securities offerings.

 

The regulatory body missed that deadline but SEC chairman Mary Shapiro told Congress the agency would have the rules in place by end of summer. That target has now become year end, and the betting is that it'll be sometime in the new year before the rules are put forth.

 

The Angel Capital Association and angel investors like Seattle's Dan Rosen, who are closely involved in following the SEC deliberations and seeking to influence them, are hoping to get final SEC rules simple enough that entrepreneurs "don't have to jump through enormous hoops to prove investor accreditation."

 

The phrase angel leaders are using to indicate what's needed for those entrepreneurs seeking accredited investors is "safe harbor," meaning a safeguard for entrepreneurs that they have actually done some due diligence on the investors.

 

Rosen, a leader of Seattle's Alliance of Angels, says "we've been working with the SEC to come up with a compromise that will ensure there is a safe harbor. But if they come out with a rule that is not acceptable, we will go back to Congress and seek changes there."

 

What's causing much of the teeth-gnashing for entrepreneurs and those like ACA and Rosen looking out for their interests is the apparent difficulty the SEC is having figuring out just what are the "reasonable steps," that will be required of entrepreneurs.

 

The irony of, in essence, tightening the screws on entrepreneurs seeking funds from qualified investors is that those entrepreneurs, rather than the ones seeking limited amounts of money from crowds of small investors, are the ones most likely to be job creators.

 

Bill Payne, viewed by many as the dean of angel investors and a member of Marchi's Kalispell-based Frontier Angels, is critical of how Congress packaged the JOBS Act.

 

"The legislation does not appear to have been well thought-out and seems to be our Congress simply finding something upon which they could agree," said Payne, who was Entrepreneur in Residence at the Kauffman Foundation and was named angel investor of the year in both the U.S. and New Zealand.

 

In fact, the JOBS Act brought the best example of bipartisan support evidenced by Congress in the past four years.

 

"Congress was motivated on this legislation because the lawmakers finally figured out that entrepreneurs are at the heart of this country's future and there were few tools by which Congress could feel like it was playing a role in the country's economic future," said Marchi.

 

Marchi's angel fund has been proving recently that angel investing can be profitable for the angels as well as important for jobs and the economy.

 

Two of the fund's investments, Coeur d'Alene-based Pacinian, a maker of wafer-thin keyboards, and Bozeman-based LigoCyte Pharmateuticals Inc., were acquired by major companies in the past few months. Frontier had substantial stakes in both and thus got substantial rewards.

 

Pacinian, which represented 10 percent of Frontier's total fund, was sold to Silicon Valley tech firm Synaptics this summer for an initial $15 million plus a substantial additional amount in the future based on various factors.

 

And a substantial bridge-round investment Frontier made about four years ago in LigoCyte Pharmateuticals Inc. paid off big last month with the announcement that Japan's Takeda Pharmaceuticals' wholly-owned U. S. subsidiary was buying the Montana vaccine maker. The agreement provided for an upfront payment of $60 million and "future contingent considerations" for LigoCyte, whose lead product, a vaccine to prevent norovirus gastroenteritis, is in clinical development.

 

Marchi declined to discuss specifics of Frontier's multiples from the two sales. But she noted that the two exits will have returned the original investment capital to her members, "and perhaps even some profit. So every one of our other 10 investments can produce profits."

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Washington lieutenant governor post once seen as an easy road into statewide office

The fact that the role of lieutenant governor in Washington was basically envisioned in the state constitution as a part-time position made it historically a job coveted by those who first made a name outside of politics, then sought an easy road into statewide office.

 

William Jennings (Wee) Coyle, a former football star and decorated war hero, started it all in 1920 when he parlayed his name familiarity into a landslide victory in the race for the state's second-highest elective office, hoping to become governor four years later.

 

Coyle was only 32, a handsome former UW star quarterback just back from the World War I battlefields when he strategized to use the lieutenant governor role to position himself to run for governor, a race he ran in 1924, but lost.

 

For most of the next seven decades, the office was held by those who had first risen to prominence beyond the political sphere.

 

That's now merely a part of political history in Washington since current Lt. Gov. Brad Owen, a Democrat and former state legislator from Shelton, has brought importance to the position beyond the constitutional ones of filling in for the governor and serving as presiding officer of the State Senate.

 

During the four terms since he was elected in 1996, Owen, who is running for re-election this year, has created for the office the role of a goodwill ambassador for the state in international trade and promotion of Washington products overseas. Plus he has led trade missions in parts of the world where the title "lieutenant governor" opens doors.

 

But the history of the position, next in line for the state's top elective office if anything happens to the governor, has provided some interesting political lore.

 

The fact the lieutenant governor is often described as "a heartbeat away from the governor's chair" has seemed to hold little importance for Washington voters, despite the fact that three of the first six lieutenant governors rose to the top state office because of the deaths of the governors.

 

Colorful Victor A. Meyers, a mustachioed maestro who earned a reputation as a big-name band leader, decided to seek the office as a Democrat in 1932. He won and was re-elected four times before being defeated in 1952 by Emmett Anderson, who had gained fame as the "Grand Exalted Ruler" of the Elks.

 

But Anderson made an unsuccessful run for governor in 1956 and John A. Cherberg, a failed football coach at the University of Washington, ran for the job as a Democrat and won, commencing a 32-year stand in the job that made him the longest tenured lieutenant governor ever in the nation.

 

The most interesting effort to boost a non-politician into the job came in 1968 when then-Gov. Dan Evans and his state Republican chairman, C. Montgomery (Gummie) Johnson, hatched a plan to oust Cherberg from the office, which by then he had held for 12 years.

 

They were seeking to boost the fortunes of Art Fletcher, a black city councilman from Pasco who had gathered some national prominence for development of a self-help program in the East Pasco ghetto.

 

Johnson knew that if a candidate like Fletcher, the state's first African-American to be touted for statewide office, was to have a chance, he had to first prove that he could beat a name candidate.

 

So Johnson talked popular and prominent hydroplane driver Bill Muncey into running for the post, once confiding off the record that Muncey had wanted to know what a lieutenant governor did. "Not a lot," Johnson had replied, with some honesty.

 

The political ploy worked to the extent that Fletcher, who a year later would earn a position in the Nixon Administration, won the GOP primary, but failed to dislodge Cherberg in the general election.

 

By the time he retired in 1988, Cherberg had built a reputation for integrity and even-handedness in his role as the State Senate's presiding officer. And with the election of Joel Pritchard, a respected Republican congressman and former legislator, the job took on a legitimacy and importance that Owen has continued to build on during his 16 years in the office.

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While Dems have had lock on governor's office, GOP has longer hold on Sec. of State

The GOP lament in Washington State about the fact it's been 32 years since a Republican was elected governor pales somewhat compared to how long Democrats in the state have watched a string of Republicans hold the post of secretary of state.

 

For Rob McKenna, the two-term state attorney general who is the Republican nominee in the governor's race, the long Democratic tenure in the governor's mansion, longest rule in the nation by either party, has provided the opportunity to tell voters "we haven't refreshed this place in a generation." 

 

sam reed
Sam Reed

But in the race for secretary of state, the post from which Sam Reed is retiring after three terms, Democrats will be seeking to reverse their almost half-century absence from the office that oversees state and local elections, corporate and non-profit filings and records and is supervisor of the State Archives.

 

A Republican has held the post since A. Ludlow Kramer, a young Seattle city councilman, ousted incumbent Victor A. Meyers in 1964. So it's been 52 years since Meyer's 1960 victory as the last Democrat elected to the position. The secretary of state is second, behind the lieutenant governor, in the line of succession to the office of governor.

 

It was in 1964 that Dan Evans defeated Democratic incumbent Albert D. Rosellini, who was seeking a third term. The two Seattle Republicans, Evans and Kramer, thus both beat incumbent Democrats despite the fact that Lyndon Johnson carried the state overwhelmingly in the presidential vote, suggesting that Washington voters can sometimes make independent judgements about state and national races.

 

Washington's history with secretaries of state is in marked contrast to the background of the office in Oregon, where it has long been viewed as a stepping stone to the governor's office.

 

In Washington State, it's been the office of attorney general that has been seen as the stepping stone, with the last three, including outgoing Gov. Christine Gregoire and now-GOP candidate McKenna, looking to occupy the governor's mansion.

 

Two of Oregon's best-known and respected political figures made stops at the secretary of state post en route to larger roles. Mark Hatfield was elected to the position in 1956 and two years later won the governor's race while Tom McCall was elected in 1964 and two years later won the first of his two terms as governor. Hatfield went on to the U.S. Senate, where he served for 30 years and was even briefly considered for the vice presidential spot with Richard Nixon in 1968.

 

If the Democrats in Washington think they've been shut out of the secretary of state post for a long time, consider that Barbara Roberts, in 1991, became not only the first woman to hold the position in Oregon but also the first Democrat elected to the post in more than 100 years.

 

Six of the last eight Oregon secretaries of state ran for governor, with Hatfield, McCall and Roberts being elected and three others losing in the general election.

 

I asked Reed why he thought the Washington secretary of state position hadn't also produced gubernatorial aspirants.

 

He admitted that he had been urged to run for governor in 2004 as the GOP sought a candidate to oppose then-Atty. Gen. Christine Gregoire in seeking the position being vacated by Gary Locke, who decided against seeking a third term. State Sen. Dino Rossi eventually was the GOP candidate, losing by a handful of votes.

 

"I thought seriously about it but decided that I enjoyed the responsibilities of secretary of state, so I passed," he said. "It was a matter of thinking, 'why let the ego trip of running for governor interfere with doing what you like to do.'"

 

So he ran and was re-elected twice more to the office he had actually prepped for over a period of decades, working first with Kramer in the late '60s and with Bruce Chapman, who held the office in the late '70s. Then he spent 20 years as Thurston County auditor, a local-level version of the responsibilities handled by the secretary of state at the state level. He was elected to the county post in1980 and re-elected four times.

 

And Ralph Munro, Reed's predecessor who served five terms as secretary of state, said having worked in the governor's office for a number of years under Evans left him with "no desire to be governor."

 

He admitted to me that he had been lobbied to run but that "I never saw the office as a stepping stone. I really enjoyed being secretary of state."

 

Republican candidate Kim Wyman, who followed Reed into the Thurston County auditor's office in 2000, faces former state Sen. Kathleen Drew, a Democrat to see who replaces Reed. Thus no matter which one wins next month, the next secretary of state will be a woman.

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Confederates' "dixie" transplant in Brazil is lost chapter in the saga of the Civil War

The least-known yet most compelling chapter of the Civil War saga may well be the story of the thousands of Confederates who refused to come back into the Union after 1865, opting instead to create a new "Dixie" in Brazil.

 

That portion of American history and the stories of the "Confederadoes" who carved out new colonies in Brazil "are lost in a linguistic tomb because Portuguese is a barrier to entry for those seeking to explore history," explains Gary Neeleman.

 

He and his wife, Rose, have completed the most thorough history of that story and turned it over to a Brazilian publisher. His hope is that "Stars and Bars Under the Southern Cross: Confederate Migration to Brazil" will soon be published in English as well and be available for U.S. distribution.

 

I write about Neeleman, 78, and his book because, as a 40-year friend and a colleague at United Press International for half of those years, I've been struck by his perpetual zeal to evangelize on what he describes as "the spiritual link between the United States and Brazil, the two giants of the Western Hemisphere."

 

"It's even called the United States of Brazil and the whole constitutional structure of the nation is intentionally patterned after the U.S.," says Neeleman of his love affair with two countries. "And the Brazilian people have always viewed themselves as friends of America."

 

It's a spiritual cause, second only to his Mormon faith, that began when he was UPI's manager in Brazil, a country where three of his seven children were born and where one of those Brazilian born, David, has started his third airline, Azul, the fastest-growing carrier in Brazil.

 

The fact he had learned Portuguese as a youthful Mormon missionary prompted UPI to pluck Neeleman from Salt Lake City in the early '60s and send him to Brazil. It was there, almost 50 years ago, that he met a blond-haired blue-eyed young Brazilian woman with a soft southern accent. She was on an LDS mission at the time.

 

"I was sure she was probably from Georgia, but asked her where in the South she was from," Neeleman recalls. "The southern accent came through even in Portuguese and when she told me she had never been to the South, I was blown away."

 

Through her he learned about the Confederates in Brazil, including the Fraternity of Confederate Descendants, whose annual picnic at Campo Cemetery, between the Confederate-established towns of Americano and Santa Barbara, draws up to 1,500 people. The cemetery, which has about 1,000 Confederates graves, has a 25-foot granite obelisk, emblazoned with a Confederate flag, that lists names from Ayees to Yancee. And Americana's city crest incorporates the Confederate battle flag.

 

Neeleman, whose consulting clients include media companies in Brazil, Sweden and Japan, as well as the Washington Post, will be attending next month's gathering of the Confederate descendants at the cemetery.

 

When he's not traveling with Rose on personal oir client business, he's doing Brazil' business as honorary counsel in Salt Lake City, as with his current effort helping the Utah Governor's office with a trade mission to Brazil.

 

After years of gathering historical data and personal recollections, Neeleman wrote his first book in 1985, a fictional account of the Brazilian Confederates titled "Farewell my South." 

 

"But more than 25 years since then, having more accumulated data than any living person, I realized that if something happened to me, all my research would go with me, so Rose and I said to each other: 'let's get it done,'" Neeleman said.

 

The book about the Confederates is one of three he has written about Brazil and its ties to the U.S. A soon-to-be-published one deals with the ties that allowed the U.S. and its allies to tap the Amazon rubber trees as the only rubber not controlled by Japan.

 

"If it hadn't been for Brazilian rubber in World War II, we would not have been able to wage the war and would have lost," Neeleman said.

 

He recalls the year he was asked to help arrange for former President Jimmy Carter and his wife, Rosalynn, as well as aide Jody Powell to attend the Confederate picnic and how "they sat at the cemetery, sang Dixie and all three had tears streaming down their faces."

 

Neeleman explained to me, "Brazil's Emperor Dom Pedro II set out to convince the Confederates to move to his country in the hope they would help establish a cotton industry in Brazil, which the Southerners proceeded to do."

 

Dom Pedro had offered subsidized passage and land with rich, red soil like Georgia's for 22 cents an acre. He was intent on making Brazil a major player in world agriculture, and his investment paid off.

 

The Confederates employed their technology and established the cotton industry, but also brought a focus on education, with the major law school and the hospital where the Neelemans' children were born established by a grandson of one of the Confederates.

 

"Although Brazil was a Catholic country, and Dom Pedro was Catholic, he was also a Mason and the Confederates set up Masonic lodges under his direction," Neeleman noted. "They thus legitimized the Masonic movement in Brazil."

 

As Neeleman wrote in the prologue to his book, "The young emperor correctly reasoned that these talented, but shattered people could rise again in a new land - his land - and while doing so, provide Brazil with much-needed technology and cultural development."

 

"The results of his efforts produced the only reverse migration in American history, and established a spiritual link between the two young hemispheric giants that only a very few today know exists."

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Reading an old Dan Evans speech stirs a sense that change isn't always improvement

Occasionally we run across something from yesterday that causes a sense that change isn't necessarily always for the better. And perhaps nowhere is that more true than in the political realm.

 

That thought occurred to me a few days ago when I had the opportunity to read a speech by former Governor and U.S. Senator Dan Evans to the January 1995 Economic Forecast conference in Seattle.

 

It was the day after Republicans, as a result of the transformational election of 1994, assumed control of both houses of Congress for the first time in 40 years and, with three dozen new GOP legislators, the state House in Olympia.

 

Evans, who himself had bucked a Democratic landslide in 1964 to win the first of his three terms as governor, referred, at the opening of that speech, to "day two of a new era," then joked, "Or is it the Newt era?" That was a reference, of course, to the new House Speaker Newt Gingrich, who had orchestrated the overwhelming takeover of the House of Representatives by Republicans.

 

I got a copy of the speech from Neil McReynolds, then a top executive at the old Puget Sound Power & Light Co., and chair of the board of the Economic Development Council of Seattle and King County, which put on the event at which Evans was keynoter.

 

McReynolds, who had been Evans' press secretary in Olympia when he and I met in the late '60s, is constantly running across decades-old documents in his files and, finding this one while we were visiting, he thought I might find the speech interesting.

 

Politics has provided several swings since that Evans' speech when Republicans were coming to power halfway through Bill Clinton's first term. But maybe the swings, either to the left or right, haven't always made things better.

 

What I found most interesting in reading Evans' talk was the reminder of him as an elected official who was impossible to pigeonhole ideologically. As governor and later as U.S. senator, he avoided ideological rigidity and found good ideas might sometimes spring from the Democrat side of the political aisle. And that dumb ideas could sometimes be offered by his fellow Republicans.

 

Thus at a time when polarized political positions characterize decision-making, reflecting on Evans, and actually many who were like him, including Washington's late Democratic Sen. Henry M. Jackson, make it obvious that politics doesn't have to require ideological polarization.

 

Before outlining in that speech a series of ideas "to propel Seattle and King County into world-class economic status," Evans blasted "talk show hosts screeching about waste in government," proponents of term limits and a balanced-budget amendment, environmental extremists, and excessive regulations that stymie growth.

 

And he also took to task the nature of campaigning. So in what could be a comment about the unfolding 2012 election rather than a reflection on 1994, Evans noted "We have just concluded the nastiest election in my memory. Virtually all campaign advertising was enormously distorted and negative."

 

"By constantly trashing our political leaders, we also breed disrespect for our own system, of government," Evans said. "The result is a new political landscape dotted with constitutional amendments and initiatives designed to protect citizens from 'evil' politicians."

 

Of two ideas whose proponents have continued to seek traction since that "new era" that Evans referred to as dawning, he told that 1995 business audience: "The balanced budget amendment is a loony idea that is meaningless until we decide how to keep a national standard set of books so we can measure balance."

 

And of the idea of term limits, Evans offered: "As a voter I am outraged by those sanctimonious term limiters who would steal from me the freedom of my vote."

 

But in addition to hitting "those talk show hosts who cater to the base emotion of people," he took to task "the politicians who blithely promise what they know they cannot deliver," and "those rigid environmentalists who will see you in court if they don't get all they seek."

 

Thus he has always been a leader in what I and many feel is an unfortunately disappearing breed, those who view ideas on their merits rather than insisting that any new idea must be vetted based on where it fits ideologically.

 

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For Egil Krogh, memory of Watergate break-in is a reminder of integrity lost

Reflections on the 40th anniversary of Watergate will, for many, merely be a pause to recall a bungled break-in that began the most tragic chapter in the history of the presidency. But for Egil (Bud) Krogh, an up-and-coming young Seattle attorney who became a key part of Richard Nixon's White House team, the lessons from the fall of a president echo down the years less as a bitter memory than as a reminder of integrity lost.

 
 

To Krogh, it's important that the events of 1972 that led inexorably to the resignation of Richard Nixon two years later be kept ever in the minds of elected officials and those who work for them. Thus he maintains a busy speaking schedule sharing his thoughts on integrity and the perspective of power before corporate and legal groups, academic assemblies and gatherings of young people on the importance of integrity-based decision making.

 

His 2007 book, "Integrity: Good People, Bad Choices and Life Lessons from the White House," had a second run last month, Krogh told me as I caught up with him by phone as he was en route toward a Pennsylvania speaking engagement. "It's selling better now than at the beginning. The issue of government integrity seems more relevant to people today."

 

He's also developed and is sharing a decision-making model he calls The Integrity Zone, which is designed to help people make integrity-based choices in their professional and personal lives. He suggests that the lessons from Watergate and its aftermath have become more relevant to people because of recent political and business scandals.

 

Krogh recalls that even though he had moved from the White House to be Undersecretary of Transportation by then, when he picked up the Washington Post that June morning in 1972 to read of the arrest of those who had been caught breaking into Democratic headquarters at the Watergate, he recalls one thought: "My God, that's my fault."

 

The reason for that reaction was that as co-director of the White House special investigations unit called the "Plumbers," Krogh had a year earlier approved a covert operation as part of a national security investigation into the leak of the Top Secret Pentagon Papers to the New York Times.

 

The covert operation was a break-in at the office of Lewis Fielding, the psychiatrist for Daniel Ellsburg, who had released the Pentagon Papers. Krogh hired G. Gordon Liddy and H. Howard Hunt to do that break-in, the same men who were arrested at the Watergate break-in.

 

Krogh assumed the blame for it all because he was convinced that the break-in at Fielding's office had created the sense that breaking the law on behalf of the president was acceptable, thus setting the stage for Watergate.

 

It's that conviction about his personal responsibility for what became Watergate, even though he knew nothing about the break-in before reading about it that morning, that has guided his thinking and involvements through the four decades as a sort of personal quest for redemption.

 

The dedication in his book, written with the help of his son, is a telling reflection of that lifelong campaign: "To those who deserved better, this book is offered as an apology, an explanation, and a way to keep integrity in the forefront of decision-making."

 

.The book itself details the lessons of Krogh's lifelong effort to make amends for what he describes as a "meltdown of personal integrity" in the face of issues of loyalty to the president and to the power of the office.

 

Krogh eventually went to prison for almost five months after pleading guilty to criminal conspiracy for engineering the break-in at Fielding's office.

 

Krogh has recalled in several of our discussions over the years how, after Nixon's resignation, his personal path toward reconciliation involved a visit with Fielding to apologize to him for what Krogh told him was "an unacceptable violation of the rights of a genuinely decent human being."

 

Then followed a visit with Nixon in California in which Krogh recalls basically saying: "Mr. President, I apologize to you because everything that's happened was really my fault."

 

Krogh and Ellsburg subsequently became friends with Ellsburg writing the forward comments for Krogh's book.

 

In our recent telephone conversation, Krogh noted that even the famous meeting between Nixon and Elvis Presley, who wanted to help the President tackle the nation's drug problem, had an outcome that simply lacked integrity.

 

"Elvis asked if the president could get him a special badge from the bureau of narcotics and, even though he wasn't entitled to that kind of a badge, I told the president I'd get one," recalls Krogh, who had actually arranged the Elvis meeting. "Elvis not only got a badge, but he carried it for seven years and he simply shouldn't have had that badge."

 

A historical note is that of all the requests made each year to the National Archives for reproductions of photographs and documents, the one that is requested more than any other is the photograph of Elvis and Nixon shaking hands at that December, 1970, visit. More requests than for copies of the Constitution or the Bill of Rights.

 

Krogh left Seattle and his law practice three years ago to join the Center for the Study of the Presidency and Congress as a Senior Fellow on Leadership, Ethics, and Integrity.

 

His current focus, however, is zeroing in on the School for Ethics and Global Leadership, which attracts high school students, and it's in that environment of sharing his philosophy with young people that he is honing his Integrity Zone concept.

 

And he is increasingly seeking to promote the concept of the Integrity Zone, which is based on a couple of fundamental considerations. The first challenges the process of thinking that precedes decisions, basically: "have I thought through all the implications?" while the second part is ethical considerations: "Is it right? Is this decision in alignment with basic values like fairness and respect?"

 

"We never asked any of those questions in the Nixon White House," Krogh said. "And most of what we see in Congress today fails those tests. Instead we see a focus on loyalty and feilty to party. You simply can't check your personal integrity at the door."

    

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Legislature ensures that charter schools will be governor's-race issue

The Washington Legislature ensured that the controversy over charter schools will become a focus in the state's gubernatorial campaign by specifically rejecting charters as part of any education-reform efforts in a bill that creates a handful of what will be called "collaborative schools."

 

The manner in which the legislation was conceived and approved, at the request of Gov. Christine Gregoire after she specifically warned that she would veto any bill authorizing charter schools, has "controversy" written all over it.

 

Passed in the midst of an extended session aimed at resolving the state's budget crisis, the bill is titled "collaborative schools for innovation and success pilot program." It calls for a five-year program involving six elementary schools, each of which will be operated by pairing to-be-determined school districts with colleges of education in the state.

 

The bill basically does two things that, for sure, won't make proponents of dramatic change in the state's education system very happy. It requires, basically, that all parts of the current schools infrastructure -- administrators, teachers unions and what's called "the professional education standards board" - must sign off on any innovative programs conceived for the handful of schools permitted to participate. And it ensures that no wholesale changes would be possible until the five years of testing for those few schools provided for in the bill have been fulfilled and evaluated.

 

One of those left unhappy is Rep. Eric Pettigrew, the respected African-American Democrat whose House district includes some of Seattle's at-risk neighborhoods and who had co-sponsored a bill to permit charter schools in Washington State.

 

"This bill isn't even close," Pettigrew told me in a telephone interview. "We have been doing things the same way for too long and accepting a certain failure rate and I don't think that's acceptable."

 

"Charter schools provide the flexibility to be nimble in seeking education changes," he added. "Probably the most frustrating thing about the entire experience is that discussion of what's best for the kids never seems to really conclude before it trails off into organizations that will need to be involved."

 

The comment frames the reason for controversy over charter schools in this state, one of the last nine in which charters are prohibited. Whether what's best for the kids is the unquestioned number one issue inevitably collides with many teachers and teacher advocates who will insist that even if kids' needs are the priority, what's good for teachers is also an issue. The stronger the teachers union in a state, the more that conflict comes into play.

 

The Seattle Times, in a January editorial on the bill proposed by Pettigrew and Sen. Steve Litzow, a Republican from Mercer Island, said: "Political courage is often lacking in Olympia, making Pettigrew's willingness to buck the Democratic Party's usual fidelity to the Washington Education Association all the more striking."

 

"Expect contentious debate," The Times editorial continued. "In particular, the teachers union sees charter schools as a threat. Yes, Washington state voters rejected charter-school proposals three times. But we know a lot more about these innovative public schools since the last failed measure in 2004."

 

Indicating that his "courage" isn't likely to wane in the coming months as likely Democratic gubernatorial standard-bearer Jay Inslee picks up the education ball his party has crafted for him and runs with it, Pettigrew said "if the unions or even my fellow Democrats want to come after me, fine."

 

Atty. Gen. Rob McKenna, the presumptive Republican gubernatorial nominee who has promised to make education reform and funding a focal point of his campaign, says of the collaborative-schools idea "There is no evidence that they will actually work. Moreover, it will take years before we know if they do."

 

"I support trying new approaches to improve education for our children right now," he added. "And a smarter approach would be to adopt models that have a proven track record of success, like high-performing public charter schools that are working in 41 other states." 

 

McKenna says both collaborative schools and charter schools should be "tools in the toolkit" for those seeking a new education model.

 

Inslee, in a wide-ranging blueprint for education reform to create "An innovative, accountable education system: building a better future for every child and a stronger economy for Washington," called for change in most aspects of the economy that might impact education funding.

 

Thus his plan for educational reform and adequate funding calls for "reinvigorating the economy..." "Reverse the trend of healthcare inflation eating into education spending..." "Sunset corporate tax loopholes that have outlived their purpose..." and "Expand a system of quality improvement to all government agencies..."

 

Inslee says his "vision for an education system by 2020" includes that "achievement and opportunity gaps among students are eliminated."

 

An ongoing challenge for Inslee and Democrats in rejecting the idea of even having charter schools on the education-reform table is that some prominent, long-time Democrat supporters appear reluctant to get aboard.

           

Perhaps most challenging for them is Nick Hanauer, the venture capitalist and avowed "lifelong Democrat and committed progressive," who views Republican positions on social issues and taxation as "misguided," but says "McKenna is on the right track and we are not" on school reform.

 

"We may be headed in the right direction, but we aren't in the right lane," Hanauer told the head of the state teachers' union in a February e-mail exchange. "It is not classroom teachers who are afraid of change and innovation, it is their union." 

 

While charter schools are anathema to teachers' unions, they have gathered supporters from among some of those who toil in the classrooms, including Erin Gustafson, who grew up on Mercer Island but began her teaching career in one of California's poverty pockets.

 

"My path to supporting charters began 16 years ago when I taught fifth grade at a high-poverty school in Vallejo," Gustason told me. "I became disillusioned with the poor teaching, union rules that protected that, and the restrictions of operating in a large system."

 

Gustafson, now married and the mother of children 9 and 7 and a substitute teacher, became involved in a new teacher-created education-reform non-profit called Teachers United, born a year ago with the goal of "giving teachers a voice in policy debates."

 

 She is now policy director for the group, which advocated last session for charter schools as one of the choices that need to be available in Washington State. She was among teachers from the organization who testified before the legislature's education committees on behalf of charter schools.

 

"After doing a lot of research and visiting several public charter schools in California, I have come to believe that successful public charters are an effective way of closing the achievement gap," she said. "We took teachers who were interested to visit high-performance charters across the country and, for those teachers, seeing was believing so they decided to advocate for charters."

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Supporters of crowd funding for startups must await SEC rule-making process

Now that the so-called crowd-funding measure has whipped through Congress with a speed and level of bipartisan support unheard of in recent years, the effort to make it fulfill its promise of creating new companies and jobs begins. And that may prove more challenging than its passage.

 

Before any entrepreneur with a can't-fail idea rushes to the Internet in hope of attracting a crowd of investors, the Securities and Exchange Commission must first set the rules on how provisions of the law will be permitted to play out. The agency has 180 days to fulfill those duties.

 

The legislation, called the Jumpstart Our Business Startups Act (JOBS) will dramatically expand the way new companies can raise money and the reduce the oversight for smaller companies doing initial public offerings.

  

After quick congressional approval last week, President Obama, who admits he first learned about the proposal in early March, will be signing the bill Thursday.  

 

Supporters view it as a major breakthrough for funding entrepreneurial startups and thus eventually creating jobs. Critics are convinced it is a funding disaster in the making. Both will have to wait to see what the SEC comes up with.

 
 

That process that will draw its own critics as it unfolds and the fact it's now in the SEC's hands will likely create some apprehension for friends and opponents alike.

 

More than a few cynics have suggested that the bill's acronym, JOBS,  is a key reason few in Congress dared oppose it despite a lot of whispered reservations.

 

What the bill seeks to achieve is the opportunity for people (crowds) to organize via internet websites to fund companies. Using the internet to raise money is a process that's long been utilized for charitable and entertainment purposes.

 

 The crowd funding approach would open the way for people to invest as little as $500 and up to $10,000 in startups, eliminating the long-time steep financial requirement for investors, other than what's known as "friends and family" investors.

 

The kind of hype that has marked the rapid progress of this legislation through Congress is nowhere better displayed than on the website of Crowdfunding Offerings, which pitches its ability to provide an investment platform for "the crowd."

 

So here's the firm's pitch:

"Crowdfunding investing will allow start-ups and existing businesses to raise funds for their companies directly from the public who will invest small amounts of money in return for shares in the company. Americans will finally have the opportunity to invest in ways that have historically been reserved only for the wealthy. Together, America's entrepreneurs and investors will launch the next great ideas of our time!"

 

When I write occasionally about angel-investing issues, I turn to friends from Montana to California who are leaders among angel investors, with an occasional venture capitalist thrown in. Their collective insights inevitably create a better understanding of the issues, but disagreements among them frequently abound. And so it was with the crowd-funding measure.

 

The most vocal and opinionated among my angel friends on this issue is Bill Payne, who summers in the Flathead Valley of Montana and winters in the Las Vegas area. Payne, who gets to a conviction about his views because of the respect he receives from angel investors across the West and beyond, describes the bill as "a train wreck waiting to happen."

 

"Lots of investors will get scammed," Payne suggests. "Just give it a couple of years and Congress will be asking the SEC how they ever let this happen!".

 

Mike Elconin, San Diego-based leader of the major Southern California angel-investor organization Tech Coast Angels, sums up a concern that even some proponents share.

 

"The danger is that this new law will engender an expansion of boiler rooms in which slick sales people convince unsophisticated investors to put money into companies at highly inflated valuations," says Elconin. "Whether you think this is a problem for government to prevent, or a matter of buyer beware, depends on your political philosophy."

 

Dan Rosen, a respected Seattle attorney-investor and a policy director for the Angel Capital Association (ACA), is among those who supported the legislation and helped author an ACA internet post to help inform angels on the bill

 

Rosen, at the invitation of the White House, will be on hand at the bill signing Thursday. 

 

Liz Marchi, who presides over the Kalispell-based Frontier Angel Network, frames why many supporters have looked beyond those concerns at what many perceive as the underlying importance of the legislation.

 

"While there will inevitably be some hiccups in the execution of crowd-funding, I think it's a major breakthrough for early stage seed capital," she said.  "Congress has certainly allowed some risk with this bill, but it drives private capital down the food chain where it is desperately needed to seed innovation."

 

Tom Simpson, former venture-capital leader who now heads the Spokane Angel Alliance, sees the new law as "not perfect, but a step in the right direction."

 

"But I agree with Payne that the more investors a new company has, the more the likelihood for problems," he added.

 

Republican Sen. Scott Brown of Massachusetts, who conceived the measure, offers perhaps the most compelling argument in favor of it.

 

He explained that the long-time practice of people funding their new businesses by mortgaging their homes is basically no longer possible. So a new source of start-up capital was necessary, particularly in the face of the disappearing hope of bank financing.

 

My own sense is that the typical congressional supporters of the bill went through the following conversation with themselves:

 

"Job creation is so politically important today that if it costs investors a few thousand dollars each down the road, it's worth it. Somebody has to pick up the tab for creating jobs and we certainly can't. Poor people buy lottery tickets all the time taking risk far greater than investing in a start-up company. So let's get on with it."

 

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A look back over presidential primaries suggests some benefits in long campaigns

Concern among Republicans that the prolonged battle for their party's presidential nomination could have a lasting negative impact on the eventual nominee is intriguing given how struggles for the nominations of both parties used to unfold.

 

There is some understandable hand-wringing among GOP leaders who would like to see a wrap on the nomination battle so a presumptive nominee can begin to focus on campaigning against the president. But a look back would suggest it's the nature rather than the length of nomination battles in either party that wears on the voters.

 

And a student of history might reflect that something has been missing in recent presidential-election years. The process of presidential-preference primaries, born in Oregon in 1910 and originally viewed as empowering the people to choose their parties' candidates, has become a boring march to the inevitable for the past generation.

 

But 2012 may provide a revisiting of those campaigns in which the trail to the nomination led through Oregon in late May and on to the primaries' climax in California in early June.

 

It's the first time in 20 years that a June date in California and the quest for its huge pot of delegate gold has been possible. In 1996 California decided that its primary had become anti-climactic and moved it ahead to March so it could catch the heat of action.

 

Last summer, pronouncing that the experiment for California to compete for election dollars, high profile candidate appearances and perhaps also an increase in political clout had failed, Gov. Jerry Brown signed legislation to restore the state's primary to June.

 

So ironically, the decision may have put California and its 172 delegates back in the eye of the campaign hurricane, a week after Texas bestows its 155 delegates, and the two, plus Oregon and a handful of other states in late May, could explain why all of the four candidates insist they are staying in the race.

 

An ironic reflection on past presidential-nomination contests is provided by the one in which Mitt Romney's father was a vital early figure. I haven't seen as much recollection as I thought there might be on the fact that Gov. George Romney wasn't only a hopeful for the 1968 GOP nomination, but had been viewed as almost the pre-emptive favorite heading into that year.

 

And had he not made the disastrous slip of explaining his change of heart to become an opponent of the Vietnam War as having been "brainwashed on Vietnam," Mitt Romney might now be running as part of a family political dynasty, ala the names Kennedy or Bush. And it might have been a campaign in which the issue of a Mormon in the White House had long ago been resolved.

 

The '68 campaign was also one in which, as I reflected several years ago, prominent figures from Washington state played key roles, a campaign that, as a young political writer, I had the opportunity to cover.

 

There were still three nomination hopefuls in the Democratic-nomination race by the time of that '68 Oregon Primary. And there would still have been three by the disastrous Democratic convention in Chicago had Robert Kennedy not been assassinated a week after Oregon, moments after acknowledging victory in the California primary.

 

Everest-conqueror Jim Whittaker of Seattle was an ever-present figure by Kennedy's side until the fateful moment in a hallway of the Ambassador Hotel in Los Angeles when Sirhan Sirhan shot Kennedy.

 

Washington's former governor and U.S. Senator Dan Evans still well remembers the GOP convention in Miami and his role as the keynote speaker whose support was sought by both eventual nominee Richard Nixon and New York Gov. Nelson Rockefeller, who still had a chance at convention time. Nixon even suggested the vice presidency might accompany an endorsement from Evans, who chose instead to endorse Rockefeller.

 

The Republican primary effort that year, despite enduring up to the convention, as did the Democrats', was a much more gentlemanly affair than the bitterly divisive, Vietnam-fueled Democratic struggle. And most students of history would suggest that campaign  bitterness had an influence on the fact Richard Nixon won in November.

 

Four years later, the decision about the Democratic nominee also stretched to the Oregon and California primaries. Eventual Democratic nominee Sen. George McGovern beat former Vice President Hubert Humphrey by 44 percent to 39 percent in California to assure himself the nomination.

 

Washington Sen. Henry M. Jackson was a distant third in '72 but didn't drop out until early May. And he was a more serious challenger in'76 in what was still a four-man race for the Democratic nomination when he dropped out May 1 after losing the Pennsylvania primary to eventual nominee, then president, Jimmy Carter.

 

As those and other campaigns make clear, there's nothing inherently undesirable about a prolonged primary campaign that exposes the candidates to an electorate that deserves the opportunity to get to know as much as possible about the person who could wind up as their president.

 

If the candidates' comments and pronouncements make their shortcomings as presidential timber obvious, that's beneficial to the voters, if not necessarily to their party. It's only when the unending barrage of negativity from opponents paints a picture of shortcomings that may not even exist that a prolonged campaign does damage to the political process.

 

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Demise of redevelopment agencies looms in the state of big challenges

There's nothing that could make residents of places like Washington, Oregon or Montana feel better about how their states are being run than to be plunked down for a few weeks in California and get an amusing and bemusing look at the dysfunctional workings of the nation's most populous state.

  

Everything about California is big, and that includes the massive budget deficit that has been the focus of governor-again Jerry Brown since he was sworn in a year ago as the literal political-comeback kid.

  

Now comes what may be the biggest challenge ever faced by local governments and economic-development entities in California. More than 400 redevelopment organizations around the Golden State are scheduled to go out of existence on Feb. 1 and some of their financial obligations will be absorbed into the general funds of local governments in those areas where the EDAs now exist.

  

Part of the predicted fallout will be that states like the aforementioned Northwest ones will be cranking up their California recruitment efforts looking to woo businesses away from a place where they don't seem to be wanted.

  

That would be an unfortunate misimpression about California because local communities and economic-development organizations across the state strive mightily to create jobs in their areas with innovative ideas and initiatives, despite the image the state policies have fostered.

  

Four of the largest redevelopment agencies in California are all in the job-hungry Coachella Valley. Those are La Quinta, Indian Wells, Rancho Mirage and Palm Desert - communities well known to Northwesterners who trek south to the desert each winter in search of sun.

  

Redevelopment agencies provide funding for road, sewer, lighting and affordable-housing projects across the state under a 65-year-old law that allowed a city or county to create a redevelopment area to address urban blight. RDAs receive related property-tax revenue increases, known as tax increments.

  

All this chaos came about because a legislature-approved plan conceived and proposed by Brown sought to coerce the RDAs to give up $1.7 billion in increased property-tax funds if they wanted to continue to exist. It was branded the "pay-ransom-or-die redevelopment system" by the California Redevelopment Association.

  

Part of the reason that the governor and legislature viewed the RDAs as a good place from which to divert revenue is that for all the good works done by the RDAs in creating opportunities for developers to invest in communities and transform downtrodden areas, examples of excess and abuse occurred.

  

To be sure, there have been blatant instances of excess on the part of some RDAs as eminent domain was sometimes used to seize private property that was then transferred to developers along with cash subsidies.

  

But even if sometimes developers seemed to get deals that smacked of favoritism,

many local officials and economic-development leaders would contend that the RDAs usually fulfilled their promise of revitalizing decaying communities and creating jobs.

  

Billions were invested over the decades to dramatically rebuild dilapidated downtowns, creating millions of jobs for Californians and hundreds of thousands of low-income housing units for growing numbers of homeless families.

  

Defenders of the value of redevelopment might logically suggest that killing RDAs is a little like saying examples of Medicare excess or fraud mean that Medicare should be abandoned.

 

During his first stint as California chief executive, Brown's mantra involved a focus on creating lower expectations for his state's citizens. In this new era of spending realities, he's being forced to impose lowered expectations rather than just urge their acceptance.

 

Part of his implementing lower expectations by fiat was to have local development entities settle for less and divert their funds to education, roads and fire departments as he sought to balance priorities while dealing with the $20 billion deficit.

 

The California Supreme Court, in a two-part decision, ruled late last year that the state had the right to kill the agencies. But it didn't have the constitutional right to condition their continued existence on their agreement to pay the state an annual fee based on their portion of property tax revenues.

 

So, unless there's an unlikely 11th-hour reprieve by the legislature, which even the governor's allies say he doesn't seem interested in achieving since it was the RDA organization that took him to court, the RDAs close up next week.

 

So what happens then? The real estate assets of the RDAs need to be sold off. But some obligations of longer-term nature that must be satisfied will become the obligation of city general funds.

 

That's likely to be the start of an extended period of financial uncertainty for cities and counties, as well as for the real estate market that will be flooded with several thousand commercial properties that will need to be sold at fire-sale prices.

 

George Skelton is a Los Angeles Times' political columnist who joined the newspaper the same year Brown was first elected in 1974 and thus has the unusual perspective of having covered both Jerry Browns.  

   

Skelton was a long-ago political-writing colleague at United Press International before he joined The Times so I emailed him last week to ask if we could visit about "the two Jerry Browns."

 

He followed up by writing a column on the subject following Brown's second State of the State address. Skelton recalled Brown's 1976 State of the State as "best remembered for one depressing, if prophetic, line: 'We are entering an era of limits.'

 

The state's current situation is clearly an immersion in an era of limits.

 

The now-73 year old Brown, during his 1974-82 tenure, was tagged as "Governor Moonbeam" for proposing that the state develop its own communications satellite.

 

Skelton says the old "Gov. Moonbeam" still exists. And Brown certainly proved that's true when, despite the financial travails of his state, he made it clear that reduced expectations don't apply to his unwavering support for a $100 billion bullet train from San Francisco to Los Angeles.

 

Brown summed it up with: "government should pursue ambitious ventures even during times of economic strife."

 

Local economic-development leaders might well shake their heads in frustration, agreeing with the premise of a state that needs to be "ambitious" in times like these, but not in pursuit of a bullet train.

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Nickels' likely entry will enliven race for open Secretary of State post

Former Seattle Mayor Greg Nickels' likely decision to seek the Democratic nomination for Washington Secretary of State may represent a sobering reality to the three Democrats already announced and campaigning. But it's also a bit of cold water on the hopes of those who figured he'd seek to regain the city's top elected position next year from "the accidental mayor."

 

While Nickels has given himself until Valentine's Day to make up his mind about a race that he says he didn't really begin to contemplate until "over the Holidays," it was clear during a telephone interview that he's already thinking about what he would seek to accomplish in the office. The chances that he will decide not to run are remote.

 

"I think this office, where all businesses documents have to be filed, can be a place for someone to act as an ombudsman for small businesses all across the state," said Nickels, who would be seeking, along with the other Democrats, to be the first from their party to win the Secretary of State job in this state in 50 years.

 

The other Democrats include Kathleen Drew, a one-time State Senator who now works for Gov. Christine Gregoire and who is the only woman seeking the Democratic nomination. She has already received some important endorsements. Those include former King County executive Ron Sims, who recently returned from a stint in an Obama-Administration post, and King County Assessor Lloyd Hara, who is holding a fund-raiser for her next month.

 

The two Democratic legislators who have filed are Jim Kastama, a state senator from Puyallup who chairs the Economic Development, Trade and Innovation Committee (EDTI), and Rep. Zack Hudgins, a former employee of both Amazon and Microsoft.

 

The lone Republican in the race, and the first of any of the hopefuls to announce, is Kim Wyman, protégé of outgoing Secretary of State Sam Reed for a decade in the Thurston County assessor's office before being elected to replace him eight years ago when Reed decided to seek the state office.

 

Wyman notes that she has "already demonstrated the ability to perform the functions of the Secretary of State's position, like elections supervision and business filings, at the county level." She, of course, has the endorsement from Reed to replace him.

 

If the others of both parties hoping to succeed Reed were taken aback by the prospect of campaigning against Nickels, many Seattleites who were hoping he would seek to reclaim the mayor's job in 2013 were surprised and disappointed.

 

There was a sense on the part of business leaders and others that Nickels, who actually finished third in the 2009 primary, was merely supposed to be getting a signal from many who wished to send him a message about a perceived arrogance, not oust him from the job.

 

For those, who had no interest in having Mike McGinn as mayor but didn't care for businessman Joe Mallahan, it was an interesting lesson in not wasting your vote to send messages. So as McGinn's relations with the City Council, the governor and the business community have soured, many took to referring to him as "the accidental mayor" and were awaiting Nickels' effort to win back the office.

 

Nickels, 56, admitted in our telephone conversation that "in the back of my mind there is a sense of some unfinished business" for the job he held for two terms. "But it's time for me and for the city to move on."

 

Since being rejected by the voters, which Nickels describes as "a very humbling experience that gives you a different perspective on things," he has had a teaching fellowship at Harvard, served as a public delegate to the United Nations and traveled to the Ukraine to advise mayors there.

 

He describes those experiences as "two years of experimenting" to determine what he'd do next. Now, he says, the role of Secretary of State would be "a logical continuation" of his 35-year love affair with public service.

 

Wyman, who says she expects a number of other candidates to emerge before the filing period begins in June, has already visited 15 counties around the state and is "starting to build" a strong campaign team. She has so far raised about $25,000, noting that "as you get into races down the ballot, it's much harder to raise money."

 

Drew became the first Democrat in memory to be elected to her east King County seat in 1992, unseating eventual GOP gubernatorial candidate Dino Rossi before losing to him four years later. She has since been involved in higher education at the UW Bothell campus, wrote the state's ethics law, worked closely with tribes and been involved in governmental reforms efforts.

 

Drew offers frankly: "I think I will have a lot of support from women."

 

The two Democratic legislators, Kastama and Hudgins, would have expected to draw from a traditional base of financial support for Democrats in a down-ballot contest that stands to draw less attention than the high-visibility race for the open gubernatorial seat, for president, U.S. Senate and congressional races.

 

Nickels, whose entry will change that fund-raising dynamic, addresses in advance what's likely to be a key political shot others take at him, saying "I'm not looking at this as a stepping stone to any other office."

 

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Candidates should be pressed to assume responsibility for political attack ads

You didn't need to be a fan of Newt Gingrich to feel bad for the guy because of all the political dirt dumped on him during the Iowa-caucuses campaign. And you didn't need to be a foe of Mitt Romney, who finished at the top in Iowa Tuesday, to find his avoidance of responsibility for the deluge of attack ads aimed at Gingrich distasteful.

 

And you don't need to be a schooled political observer to sense that the Iowa mess was only the undesirable opening salvo of what is likely to be a dirt-encrusted presidential campaign over the coming months, particularly once we enter the general-election phase.

 

So to the electoral masses, Iowa likely brought a new level of disgust with the way politics has come to be defined, and the hunger for something, and someones, different.

 

As far as national-level politics goes, we can't do much other than try to tune out the flood of campaign diatribe. But perhaps influentials of both parties in Washington State, who desire a more refreshing odor from the political campaigns at the state level, can force a cleaner conduct on candidates in the most important Washington State race this year.

 

We're referring, of course, to the race for Washington governor, where Republican Atty. Gen. Rob McKenna and Congressman Jay Inslee, a Democrat, face free rides to their parties' nominations to engage each other in the November General Election. Gov. Chris Gregoire isn't running for re-election and possible competitors for either party's nomination have been dissuaded from fouling the political fray with competition.

 

 So the looming one-on-one battle in this state threatens to unfold as a long and tedious campaign marked by extensive negative messaging. That's an eventuality that none of the many citizens already disgusted with the national political process should need to endure in Washington.

 

The way attack advertising has evolved is that it's carried out by organizations supportive of, but not directly tied to, a candidate. That allows the candidates to vow that they are going to wage a clean campaign knowing that such supporting organizations will carry the trash.

 

And the media outlets have done poorly in pressing candidates to take a position of agreeing with or disavowing negative comments about their opponents. It's not that difficult to say to a candidate at a press conference: "we know this was not a message directly from your campaign organization, but you must agree or disagree with it."

 

Perhaps the simplest expectation is one the iconic William Rucklshaus, in a must-read op-ed piece in Sunday's Seattle Times, listed among the things we need to insist on from our political candidates: "Tell us why we should vote for you, not what's wrong with your opponent."

 

The challenge of asking candidates to step out of the mud hole in which many now operate during campaigns is that people other than the candidates increasingly are the conveyors of negative messages while the candidates themselves pretend they're cloaked in campaign purity.

 

That problem is growing worse as social media becomes more pervasive. And, in fact, with no way to control the over-the-top negativity, frequently false, of bloggers and the like, any idea for positive change in how candidates campaign may be a waste of time.

 

Nevertheless, here's a New Year idea that could at least minimize the negative campaigning that many fear may lie ahead in the Washington governor's race. And it's an idea that only one of the candidates needs to endorse since one doing so would pretty much force the other to also agree to go along.

 

The idea is that the gubernatorial candidates agree that when any negative advertising is aired or disseminated, they will say either that they say either "I agree with that," or "I don't agree with that." No responses like "I don't really have an opinion on that" should be left unchallenged.

 

This isn't to elicit a promise to run a clean campaign. Every candidate promises that now. Rather it's pressing for a promise from each candidate to take responsibility for all messaging on their behalf. 

 

Such a small step could make negative campaigning more uncomfortable for candidates. And that would represent a long step toward Ruckelshaus' vision of candidates spending time talking about themselves rather than their opponents.

 

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Ex-congressman Baird's ethics quest could gain national focus after 60 Minutes probe

Former Washington Congressman Brian Baird's long quest to bring a small note of integrity to the dysfunctional legislative body from which he retired a year ago has finally, with a 60 Minutes episode titled "Honest Graft," gotten a bit of national visibility for an idea whose time has long since come.

 

And it's possible that, as irate citizens across the country seek ways to express their frustration at the implications of the abject failure of the so-called supercommittee to come up with any agreement, Baird's idea may become a focal point for citizen action.

 

During the last three of his six terms representing the state's 3rd District, Democrat Baird sought unsuccessfully to pass, or even just gather support for, what he called the Stock Act. It would have barred members of Congress from doing stock transactions in areas they regulate, in essence, prohibiting their investing in a manner that those in the real world call Insider Trading.

 

For ordinary citizens, reaction to Baird's proposal would be a laughable "well, of course." But in a place whose mantra is "the rules we make for you don't apply to us," seeking to force action by the lawmakers on one small, self-imposed ethical constraint could become a rallying point for a fed-up public.

 

The thrust of the CBS segment that aired this month is that lawmakers often do make stock purchases and trades in the very fields they regulate. While ordinary citizens could be jailed for engaging in the kind of investment shenanigans that those in Congress involve themselves in, there's not even an ethical concern among lawmakers.

 

Baird may be able to gain far more visibility as a former lawmaker than he could as a member of Congress and the hope has to be that this first shot across the bow of Congress will echo down the months of the coming election year.

 

And a sure way to take this worthwhile campaign viral is to share in every possible social-media fashion 60 Minutes reporter Steve Croft's questioning of current House Speaker John Boehner and former Speaker Nancy Pelosi at their respective news conferences.

 

For viewers of the ineptitude with which both Boehner and Pelosi tried to answer Croft's questions about whether their investment practices were at least conflicts of interest, the thought that had to occur was "Who elects these people?" The answer, unfortunately, is people like us elect them. Shame on us.

 

Boehner, for example, bought a bunch of health-care-related stock during the health-care reform debate of 2009. And when Boehner's efforts to kill the so called "public option" succeeded, those stocks skyrocketed.

 

Pelosi, meanwhile, had gotten in on a series of lucrative stock Initial Public Offerings. One of those involved an enormous number of Visa shares that Pelosi purchased while she was working on legislation that would have hurt credit card companies. Two days after purchasing the stock at $44 a share, and after the bill was put on long-term hold, Pelosi's stock shot up to $64 a share.

 

Ideally, members of Congress will be pressed, in any news conference or appearance before business organizations or other groups in the coming election season, to explain why they fail to support the legislative concept for which Baird sought support in Congress.

 

Fortunately, Pelosi's struggles with the simple task of answering a question from the 60 Minutes reporter have become pervasive on YouTube, and should remain so down through election year as a backdrop to those questions posed to members of Congress seeking to stay in office. It should be watched by millions, and shared with millions more.

 

At a time when we're already dealing with "pledges" from candidates for political office, a much more logical pledge to press upon candidates than a no-taxes pact is: "Will you support the current version of Stock Act legislation in the House next year?"

 

And no candidate forsaking Congress for a run for state office should escape being forced to explain to their hoped-for statewide constituency why they lacked an interest in imposing ethical conduct at the most basic level on their fellow lawmakers and themselves by supporting Baird's efforts.

 

In this state, that would mean the question would be posed to Rep. Jay Inslee, who is running for governor. And why shouldn't he be pressed to answer that question? Hopefully, it will be posed early on in the campaign. 

 

Baird's 3rd District successor, Republican Jaime Herrera Beutler, announced earlier this month that she is signing on as a co-sponsor of a bill similar to Baird's plan, this one called "Stop Trading on Congressional Knowledge Act," sponsored by Minnesota Democrat Timothy Welz.

 

A total of 92 lawmakers have signed on as co-sponsors, including Washington Democrats Rick Larsen and Jim McDermott, though not Inslee.

 

But those wise in the way Congress works, or more accurately doesn't work, will note that the bill was assigned by House Leadership to the Subcommittee on the Constitution, about as distant from a subcommittee that has anything to do with ethics, finances or investments as they could get.

 

Howard Schultz' quixotic appeal to CEOs to halt donations to re-election campaigns of members of Congress because of their inability to progress beyond stalemate is a bit impractical because only candidates that CEO types contribute to would be impacted. Candidates supported by groups like unions and trial attorneys would actually benefit if Schultz' call drew CEO response.

 

But a call for denying donations to any member of Congress who doesn't pledge to support the specific legislation that Baird long championed might have a whole different outcome in terms of response from those seeking to remain in Congress. And since the demand for such a pledge would be coming from Democrat and Republican voters alike, it might be the seed that could grow into a renewed sense that there are things that those from all parts of the political spectrum can actually agree upon.

 

And it would thus represent a small step toward acceptability for a legislative body that badly needs to be viewed by the American public as not just trustworthy, but simply relevant.

 

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Access to growth capital could challenge state life-sciences sector's bright future

Washington State's life-sciences sector has remained, through the economic downturn, a jewel in the state's economic development crown. But the challenge of accessing capital that bedevils the industry's emerging companies, including the possible demise of the Life Sciences Discovery Fund, could hinder future growth.

 

The role biotech and biomedical companies have come to occupy as one of Washington's five largest and fastest-growing sectors, generating tens of thousands of high-wage jobs and more than $10.5 billion in economic activity, creates an important anchor for the state's economic future.

 

But as the Washington Biotech & Biomedical Association (WBBA) prepares for its annual meeting next week, in partnership with The Governor's Life Sciences Summit, there's an ongoing focus on seeking to ensure that emerging companies in the industry find the growth capital they need. And that could be increasingly challenging.

 

"With 70 percent of our companies having 50 or fewer employees, access to capital is the greatest challenge we face," said Chris Rivera, WBBA president.

 
 

 

An important part of that funding has been the Life Sciences Discovery Fund (LSDF), the program created by tobacco-settlement dollars that came into existence in 2008 and has been championed by Gov. Chris Gregoire as a key to fostering more biotech innovations and jobs in Washington.

 

But it has taken deep cuts each session as legislators grappled with yawning state budget deficits, and now could face elimination.

 

Rep. Glenn Anderson, the Eastside Republican who is one of four legislative trustees for the fund, says "it's an open question whether the fund will survive" the next session's budget cuts.

 

"The fund has done a good job of encouraging basic science and marketable, actionable, investable outcomes," Anderson said. "But I'd say there's only a 50-50 chance it will survive and if it doesn't survive, I think that would be shortsighted."

 

Rivera puts numbers on the fund's successes to provide definition to shortsightedness.

 

"LSDF awardees have been able to leverage their grants and bring in $9 for every $1 awarded," he said. "These are real dollars from out of state.  This has led directly to job creation, and great innovation in our state.

 

"I believe that LSDF has proven to be a smart investment by our state into a sector of great current economic value and future potential," he added. "Other states have poured hundreds of millions into life sciences, as they see the potential economic value of this sector and are willing to invest strategically."

 

Beyond the fund, WBBA has mounted some initiatives, as have supporting organizations, in seeking to develop alternative sources of capital, given both the now-challenged traditional lending sources and the problems facing the venture capital industry.

 

Bruce Jackson, vice president for business development at EnterpriseSeattle and ex-officio member of WBBA's board, says that despite the success of the biotech and medical-device sector, these are "clouded times" for young companies seeking to ramp up.

 

"In addition to the fact federal regulations can create a headwind for companies, access to capital for some deserving companies can be difficult," Jackson said.

 

EnterpriseSeattle's year-old partnership with the City of Federal Way in a medical-device incubator called Cascadia MedTech Association is an innovative approach to helping grow the industry, though Jackson concedes "the model hasn't been proven yet."

 

"The companies we're supporting must transition from being supported by grants to creating cashflow," Jackson added.

 

WBBA itself touts the program it created called VIP Forums, through which quality investors and strategic partners (VIP's) are invited to Seattle for a showcase of the most promising life science companies and research opportunities.

 

In addition, in spring of 2009 the association formed a non-profit angel network called WINGS, whose role is to close the early-stage funding gap to speed medical-technology innovation "from lab bench to patients."

 

The gathering of industry leaders and others for whom the industry is part of the economic hope for the future will likely hear an upbeat assessment as they review the WBBA's third annual Life Sciences Economic Impact at their gathering on November 18 at Meydenbauer Center in Bellevue.

 

Comments from the governor, who will be attending her last WBBA annual conference, and University of Washington President Michael Young, attending his first, are likely to focus on upbeat prospects for the sector's future. But both may also share concerns about the impact of funding availability on that bright future.

 

And a comment from Rivera during an interview this week could set the stage for some discussion among attendees: "I understand and know that these are difficult times, but I hope that our state leaders are strategic in where they place our precious resources, and help this state maintain its competitiveness nationally and globally."

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