DOES ANYBODY think it's a good idea for the Food and Drug Administration to take cash from drug manufacturers? How about corporate contributions to the Securities and Exchange Commission? At state and federal levels, it's accepted that regulators shouldn't be taking money from those they regulate.
In Howard County, however, zoning board members are allowed to accept contributions from developers. Outrageous? Perhaps. But it's legal because the elected members of the County Council are also the Zoning Board.
The integrity of past, current or future council members isn't the issue. They may be squeaky clean. They have every right to accept campaign contributions from any legal source. And developers have a right to make contributions. So what's the problem? Simple: Even if blatant impropriety is rare, it's not smart to institutionalize conflict of interest by having elected officials double as regulators.
Here's the argument in favor of the status quo I've heard from officials: At least legislator-regulators are subject to voter approval every four years. What's the alternative? Wouldn't political appointees be open to influence from the politicians who chose them? Potentially, but not necessarily.
Here's a blueprint for change. First, face up to this festering flaw in county government. By ignoring obvious conflicts of interest, county leaders look like they're trying to be at the cutting edge of cronyism.
Each council member would get to appoint one Zoning Board member. Candidates would go through public confirmation hearings before the council. Each council member (and the county executive) would get one "peremptory challenge" by which to reject any candidate.
Much as the option to dismiss potential jurors discourages lawyers' attempts to stack a trial jury, this would help discourage the choice of Zoning Board members with rabid pro- or anti-development agendas. Council members tempted to punish political opponents by abusing this option would risk being repaid in kind.
Once approved (for a finite term), board members would get the same per diem paid to council members for time spent at Zoning Board hearings. Board and council members would be forbidden to discuss zoning cases. Board members ignoring this rule would be dismissed. Council members caught cheating would be censured - burdensome baggage when seeking re-election.
There's another way to shield the Zoning Board from the influence of members' political patrons. When their terms expire, board members choosing to continue their service would be reappointed or rejected by a majority vote of the full council, limiting the power - or pique - of any single council member.
Maybe the new council can come up with an even better alternative. Previous councils have been unwilling to try. Politicians don't like to surrender power and influence, even when they know the current system is a contradiction courting abuse.
It's been said that voters get the government they deserve. Or maybe we get the government we're willing to settle for, because paying attention and prodding politicians to do better are too much trouble. Politicians and voters alike seem to forget who works for whom. We pay their salaries. They serve us. They have to listen to us.
When we're too lazy to complain, can we blame them for concluding that "business as usual" is fine? If we think it's fine that Howard County government invites conflict of interest by having legislators be regulators, then we can just shut up. If we think this needs changing, we need to speak up.
It's equally wrong for county regulators to accept cash from the people they regulate. A bad idea at one level of government is bad at all levels. That's why Howard County needs to set up an independent Zoning Board. While a solution may take some work, the issue is simple. Don't let the politicians make it complicated.
Today's writer
Howard Weinstein, an author, free-lance writer and professional dog trainer, is president of the Pembrooke Homeowners Association in Elkridge. The latest of his 13 books is a biography of Mickey Mantle, which is due out next month.
Metro Journal provides a forum for examining issues and events in the state and welcomes contributions from readers.