On Senator Currie and the Ethics of Office

The recent revelations of Senator Ulysses Currie’s relationship with Shoppers Food and Pharmacy may be the beginning of the fall of a man once widely thought to be an admirable public servant. But it is more than that: it is a warning about the kinds of conflicts that can happen in a citizen legislature.

Maryland, like most states, allows state legislators to hold outside employment. The General Assembly meets for three months each year (not including special sessions) and pays its members over $40,000 annually. Nevertheless, members of legislatures with similar configurations to Maryland’s report that they spend 70% of the equivalent of a full-time job on their legislative work. These positions are clearly time-consuming, even for rank-and-file members lacking Senator Currie’s responsibilities.

The benefit of a citizen legislature is that it allows members to bring significant expertise to their jobs. But there is a price: the potential for conflicts between a legislator’s public and private roles.

The Joint Committee on Legislative Ethics Guide lays out general rules for dealing with conflicts of interest. Legislators must disclose their financial dealings, including employment, contracts and corporate ownership; refrain from voting on matters of direct and personal financial interest to themselves, their relatives and their employers; and file disclaimers before voting on other matters with more indirect conflicts of interest.

The following statement on page 13 of the guide is relevant to Senator Currie’s case:

The Ethics Law states that a member of the General Assembly is prohibited from assisting or representing another party, for compensation, in a matter before or involving any unit of the State government or a local subdivision of the State, unless covered by one of the exemptions to the prohibition. The prohibition relates to representation in the course of any type of employment relationship, including regular salaried employment, contractual consultant work, and representation in a professional capacity (e.g., attorney-client.)

None of the exemptions to this rule apply to the allegations against Senator Currie. This is a clear problem for him as he was a paid consultant to Shoppers – a relationship that he did not disclose.

But there is more. Consider this account of the evidence of Senator Currie’s lobbying for Shoppers reported in the Post:

The documents, released by several state transportation agencies, show a pattern of interventions by the Prince George's Democrat dating to at least 2003, not long after he became chairman of the powerful Budget and Taxation Committee.

Currie held meetings with state officials and made phone calls about traffic lights at Shoppers stores in Owings Mills and Laurel and about road changes at a store in Anne Arundel County.

“Senator Currie asks me every time he sees me whether we have resolved the Reisterstown Road Shoppers Food Warehouse issue,” Neil J. Pedersen, the head of the State Highway Administration, wrote in a 2004 e-mail to a staffer. “How close are we to resolving it?”

Neil Pedersen has been the State Highway Administrator since 2003. He is not regarded as a political player but rather as a highly-respected professional. He is one of only a handful of powerful officials to survive the transition between the Ehrlich and O’Malley administrations. The State Highway Administration oversees more than a billion dollars a year in capital projects across the state. This agency is not a minor organization and any legislator can only harass it so much.

It is a matter of political capital, that intangible stock of favors, influence and goodwill that is vital to the fortunes of any politician. It must be raised energetically and spent carefully. Even Senate President Mike Miller, the most feared politician in the state, does not wantonly bully his Senators on every single issue but only on what he views as the most important ones. If Senator Currie spent as much political capital on the needs of Shoppers as the Post suggests, what was left over for his constituents?

The most typical comment by state legislators I have spoken with about Senator Currie has been some version of, “He was the last person I expected to be involved with something like this.” If the Senator hid his conduct behind a cloak of propriety, then everyone in Annapolis should look around carefully at everyone else. There may very well be others like Senator Currie who have yet to be revealed, at least for now.

The bottom line is this: when state legislators set foot into the statehouse, they work for us – the people – not for their employers or their extracurricular paymasters. The politicians need to remember that. So too do the voters.

Annapolis Fit Club

Last week’s Post article on lobbyists purchasing dinners for groups of state legislators illustrates two growing threats. The first is a threat to our democracy. The second is a threat to the health of our beloved politicians. Fear not, dear readers – we at MPW have the answer to both of these problems! But I am afraid our legislators may not like it.

Let’s deal with the health threat first. Our state legislators are only human. They often have to work late, confront hordes of militant constituents and put up with unfair harassment from bloggers. The conditions are so terrible that even aspiring state legislators are driven over the edge. And on top of all that, overfeeding from eager lobbyists raises the awful specter of obesity.

Now our state legislators understand the scourge of obesity. That is why they chose to protect the rest of us from it by designating walking as the state exercise. But along come these crabcake-toting lobbyists eager to fatten them into bill-passing complacency. What would you do if you could have free lobsters, steaks, desserts and booze every single night? Come on, be honest!

A state delegate who shall remain nameless admits that obesity is running amok in Annapolis. One legendary story holds that a legislator once gained 100 pounds in a 90-day session. Some legislators keep desk drawers full of munchables to ward off boring committee sessions. And any legislator who resists eating until committee work is over can become a starving, easy mark for steak-bearing lobbyists.

Weight control is therefore mandatory for protecting our legislators’ health. We suggest that prior to every session, each legislator report for a weigh-in. Results will be publicly disclosed, perhaps even including a picture like this one of Brian Dunkleman from Celebrity Fit Club:


A similar weigh-in will be conducted after the session ends and all gains in weight and body fat will be reported. Any legislator who gains 20 pounds or more must report to Drill Sergeant Harvey Walden for immediate weight loss boot camp!


Now let’s return to the health of our democracy. Our legislators are regulated enough. They are already told too much how to behave and what to do (sometimes by the lobbyists). The answer is disclosure. We will accomplish that in two nifty steps.

First, lobbyists will once again be allowed to serve individual dinners to legislators, but they must pay for the privilege. Lobbyists must win the right to entertain these legislators by winning bids at auction. Each legislator will only be able to attend five of these dinners or they will answer to Drill Sergeant Harvey. Every dinner will be recorded and made available for download. (How many of them will resemble the infamous Bromwell dinner?) After a suitable cut is taken out for Senate President Mike Miller’s campaign account, the auction proceeds will go to purchase and maintain a fleet of personal GPS devices.

Second, these GPS devices will be ankle-shackled to all legislators, their staff and all registered lobbyists. Any time a GPS device belonging to a legislator or staffer comes within 10 feet of a device belonging to a lobbyist, that contact will be logged and disclosed on the state’s website. Every citizen will know exactly how much time each legislator spends with each and every lobbyist.

And if the GPS devices record contact between a legislator and a lobbyist between the hours of 10 PM and 5 AM, an immediate phone call and email will be sent to the legislator’s significant other!