Greed Fueling AZ’s 48th Ranking for Anti-Corruption

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We currently have many crises in America, but one that affects our ability to deal with them all, is the crisis of confidence in our public institutions. Some might argue this lack of confidence is fueled by those seeking power and profit via privatization of said institutions. Whether manufactured or organically grown, the lack of accountability and transparency among public officials is no doubt contributing to the crisis.

In 2015, PublicIntegrity.org ranked the Arizona Legislature 22nd in the nation for state government accountability and transparency. And although the scores are not directly relatable, a 2018 report by the anti-corruption Coalition for Integrity, ranking Arizona 48th in the nation, leads me to believe we are not headed in the right direction. The Coalition’s scorecard is called the “States With Anti-Corruption Measures for Public officials” or “S.W.A.M.P. Index”. It “analyzes the laws of the 50 States and District of Columbia regarding the establishment and scope of ethics agencies, the powers of those agencies, acceptance and disclosure of gifts by public officials, transparency of funding independent expenditures and client disclosure by legislators.” This is important said the Coalition’s CEO Shruti Shah, because

“There is a strong link between an ethics regime and trust in government—and state laws are the first line of defense against corruption.”

Unfortunately, Arizona state laws are lax when it comes to school choice, once again earning the state a #1 ranking for a favorable privatization environment by the conservative bill mill American Legislative Exchange Council (ALEC). According to its website, the Report Card on American Education is

“part of its mission to promote limited government, free markets and federalism.”

Note that accountability, transparency and ethical governance, are not mentioned. ALEC exists after all, to support legislation favorable to the corporations that finance their work and influence. Instead, the ALEC report card discusses private school choice, purchasing power, flexibility, and freedom. Hey, I like freedom as much as the next gal and served 22 years in the military to help preserve it. But as the saying goes, “freedom isn’t free” and it isn’t maintained by just the ultimate price that some have paid, but other “costs” such as rules, laws, responsibilities and accountability without which, we would have anarchy.

The “A” in Arizona doesn’t yet stand for anarchy, but there are those lawmakers who evidently don’t see a problem working around a few ethical conflicts of interest to benefit themselves at our expense. At least the Arizona Constitution prohibits lawmakers from employment by state, county or city governments, with the exception of serving as school board members, teachers or instructors in the public school system. Where lawmakers act ethically, this exception can help ensure we have those with educational experience helping shape educational policy. Where that is not the case however, unethical actors interested in self-enrichment, can take advantage of a system that doesn’t hold them accountable.

Take for example, Senator Yarborough who termed out in 2018. For many years now, he has run a highly profitable Student Tuition Organization (STO), while sponsoring the majority of legislation expanding the diversion of state income tax liability to STOs. Likewise, According to the AZ Republic, Representative Eddie Farnsworth (now President Pro Tempore of the Senate) profited greatly on the sell of his charter school business (the one built with taxpayer funds) to a nonprofit company after voting for legislation favorable to the non-profit’s board members. In addition to the $13.2M from the sale, he will earn $478K on a loan he made to the school, another $80K in rent on his building that serves as the school’s corporate headquarters, and a consulting fee. And of course, there are numerous GOP lawmakers who have pushed the expansion of vouchers session after session, without sufficient accountability, despite numerous instances of fraudulent expenditures by parents. At the very least, many of them benefited from campaign contributions for their trouble, from Betsy DeVos’ American Federation for Children and other pro-privatization forces.

And now, the Arizona Republic recently reports that Arizona Speaker of the House, Rusty Bowers,

“was paid more than twice the going rate ($216.62 per day versus $90) for substitute teachers in the East Valley Institute of Technology (EVIT)”.

Interestingly, Bowers was EVIT’s director of external affairs (basically a lobbyist) from July 2011 to June 2015 and was paid $62K to $64K per year for this part-time work (double what a legislator makes incidentally.) In conducting an investigation of allegations related to operational and legal compliance concerning the East Valley Institute of Technology“ lawyer Susan Segal found that,

”Bowers had no class roster and didn’t have proper certification to teach his JTED classes.“ She also found that Bowers took it upon himself to scratch out the part of his contract that required certification, and wrote in ”permanent certification of substitute teacher.“

But, as reported by the Capitol Times, the district governing board never approved that change, and Segal noted that, ”there is no such thing as a permanent substitute certification. In another instance, on top of this sentence in his contract:

“If the Legislature fails to fund fully or partially, for any reason, the amounts appropriated for the salary and benefits categories of the District budget, the Board shall reduce pro-rata the total amount of compensation due under this Contract”;

he wrote (exhibiting great hubris in my opinion):

“who gets to decide whether or not the legislature appropriates enough?”

Maybe he thinks it is the AZ Speaker of the House?

Of course, that’s mere conjecture on my part. What is not, is the fact that Bowers has failed to allow even a modicum of increased legislator accountability to move forward this legislative session. Remember former Representative Paul Mosely driving close to 100 mph in a 55 zone, (his seventh time being pulled over for excessive speeding) and then bragging about his immunity to the police officer? The incident prompted Governor Ducey to call for repeal of legislative immunity and Representative T.J. Shope to sponsor HCR 2008 to do just that. Unfortunately Speaker Bowers did not assign it to be heard in any committee, so it is basically DOA at this point. Maybe he figures passing the bill would be a slippery slope toward more ethical governance?

As long as the foxes are in charge of the hen-house at the state Legislature and we don’t hold them accountable for the carnage they wreak, the unethical behavior will continue. After all, I can’t tell you the number of times I’ve had people ask me how in the hell did Senator Yarborough continue to get away with creating and voting for legislation that personally profited him? My answer is that there was no consequence for his actions. After all, he wasn’t violating any laws or existing ethics standards, and he continued to get reelected. From his perspective, why should he do anything differently?

There is a reason greed is one of the seven deadly sins within Christian teachings. Mahatma Gandhi said,

“Earth provides enough to satisfy every man’s needs, but not every man’s greed.”

We should be able to count on our government to ensure a fair shake for all of us. But, when those governing write and enforce the rules to give themselves a leg up, we need to do our job and give them the boot out. The voters of LD5 did the right thing in voting Mosely out of office in 2018. We need to all do the right thing by demanding ethics standards for our elected representatives at every level and then holding them accountable for not only illegal, but also unethical behavior. Government can work, but it takes ALL of us doing our part.

3 COMMENTS

  1. When I met with Speaker Bowers about his obstruction of the Equal Rights Amendment in the House, he gave excuses like his daughter would be forced into military service or his wife “would be put down” if the ERA passes.

    When I said we wanted ratification of the ERA because women deserve equal pay for equal work, he said with a sneer, “It’s all about the money” and lamented that it will bring more lawsuits. I said that the ERA prohibits discrimination by the federal and state governments and added that Arizona doesn’t have anything to worry about if we *haven’t passed any laws that discriminate against women*. I mentioned the multiple University of Arizona wage discrimination lawsuits against ABOR. That shows we have state-based wage discrimination in Arizona, but he tried to paint it all as greed by women.

    Afterward, one of the Dems suggested that I should have mentioned that he is paid TWICE what other substitute teachers at EVIT are paid. How many women EVIT substitutes are making HALF what Bowers makes as a substitute? Bowers was in the Arizona Legislature from 1993-2001, became a lobbyist, went back to the Legislature, and continues to be the highest paid uncertified substitute teacher in the state. Hmmm… all about the money?

    Great article!

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