Yesterday’s Los Angeles Times – front page above the fold – featured a story (with the headline above) by Shane Goldmacher about California Attorney General Jerry Brown soliciting millions of dollars in donations for two charter schools (which Brown founded while Mayor of Oakland) from a number of special interests. The list includes Southern California card clubs “some 400 miles away” (as the Times put it); other powerful, well-connected industries and individuals are also represented. The haul has been more than $9 million since Brown (widely expected to be the Democratic nominee for Governor next year) became Attorney General. His fund raising success was more modest when he was still Mayor of Oakland.
There is a whiff of the unsavory here because there is the appearance of currying favor with a powerful public official, rather being moved to give by a philanthropic spirit. Here’s how the Times put it, quoting an anonymous source identified as the advisor of one of the deep-pocket donors:
“It looks altruistic rather than something that’s sheer, raw politics,” the advisor said. Groups are giving to Brown “with the hope that he will keep an open mind should you need to communicate with him in the future.”
The Times has access to this list of donors because California’s Fair Political Practices Commission tracks “behested payments” – that is, philanthropic gifts to nonprofit institutions made at the behest of elected officials. Here’s the link, if you’d like to check it out.
So is there anything wrong here? Can we identify any unethical behavior?
1. First let us consider the situation from the standpoint of the two charter schools – Oakland School for the Arts and Oakland Military Institute College Preparatory Academy.
Have these institutions done anything wrong in accepting big gifts from these sources? Is it wrong for a charter school to accept money from a source solicited by a statewide public official? Last month (October 16) Mike Burns, discussing the charitable giving of New York Mayor Michael Bloomberg (re-elected yesterday), recalled the dictum, “the only thing wrong with tainted money is there ‘taint enough of it.”
In this case, I suppose ones view of gambling may determine whether one views the money as tainted. I am interested in the question of behested payments by public officials, so let’s set aside the card clubs – and the casino operators and the winery – and focus on the other contributors mentioned in the Times account: Zenith Insurance, Pacific Gas & Electric, AT&T, Wal-Mart, Bank of America, the (for-profit) University of Phoenix, and Hollywood’s Steven Bing – was it wrong to take their cash? (We’ll put aside the Annenberg Foundation, the LEF Foundation, and the Hearst Foundation – all also mentioned in the story.)
It’s not clear to me in any of these instances that the cash is tainted (or dirty or corrupted). And, while the motives of the donors may be suspect, I do not believe that the institutions accepting the donations have compromised their institutional integrity, or fidelity to their missions, or any principles of nonprofit governance.
In my view, the institutions are guilty of no breach. (I can think of instances where I might decide differently: if they had accepted money from gangsters, drug-runners, or terrorists, for instance; but not from Bank of America or Wal-Mart – even if a public official made the ask.)
2. Next, let us consider the donations from the point of view of the powerful players who made the gifts. The anonymous advisor suggests that these donors are giving at the behest of the Attorney General (and possibly the next Governor) “with the hope that he will keep an open mind should you need to communicate with him in the future.” In other words, in the vernacular, they’re buying access.
Their motives are suspect. And perhaps because we have such a strong sense of this – regarding their motives as uncharitable, selfish, even socially harmful (since they may wish to influence the government to act against what we regard as the public interest) – that we hesitate to offer them praise for their giving (though we would expect the charter schools to express appreciation).
But their actions – making contributions for a good cause – are good. Period. In my view, the donors (in the absence of a concealed quid pro quo) have done nothing wrong – regardless of their motives in making these gifts.
The gifts will benefit the charter schools and their students. Giving the money was a good thing. There is no reason to fault this philanthropic giving to a pair of good causes.
3. And from the perspective of Attorney General Brown?
I’ll consider this question tomorrow. This post is long enough already. And, at least in my view, evaluating the case from the perspective of Mr. Brown is a bit more complicated.
By the way, in doing research on this issue, I found a link to an October 16 post on the Sacramento Bee’s CapitalAlert blog, which covered some of the same ground as the Times account.
(March 2008 photo from Wikimedia Commons.)