Government Accountability Board Meeting Public Testimony

Question at Hand: The Qualifications of the new GAB’s Legal Counsel

My name is William R. Benedict and I would like to thank the members of the Government Accountability Board for allowing me to speak about the qualifications of the Board’s new legal council. As a father and grandfather who is committed to preserving our increasingly threatened democracy for future generations I consider this opportunity indeed a privilege and honor.

In addition to the formal qualifications which are already now in place for the legal council and which I clearly support, this morning I want to strongly support the need for a legal counsel devoted to clarity and pro-activeness as well as the need for a fresh face. I believe these qualities are necessary if Wisconsin is to reclaim its reputation for clean, open and accountable government.

Clarity, because enforcement is much more difficult when the general public remains uninformed, confused, fettered and disengaged from the enforcement process due to not having more complete, user friendly and readily accessible information on campaign contributions.

In a recent 2007 publication by the Brennan Center for Justice, entitled “Campaign Finance in Wisconsin” the authors report appalling Wisconsin performance results in an independent nationwide study. The investigators found the Wisconsin Election Board’s disclosure database was incomplete due to both electronic and more archaic manual reporting practices. Such incongruent and confounding information acted to make the data largely inaccessible and unusable to the public and therefore unacceptable receiving a grade of F for failing. Similarly, even when this information was presented in summary reports, the technical usability of the Board’s website was seriously lacking and received a D. Wisconsin received an overall grade of C- and was ranked twenty second for its disclosure system. This failure should no longer be tolerated.

In a very real sense the Board’s disclosure database is its number one weapon in defense of democracy in Wisconsin. The need for this information to be in user friendly form, readily accessible and transparent, complete and accurate is perhaps the Board’s number one priority. Without it, both the Board’s internal effectiveness, especially with respect to its prosecutorial function, and the public’s right to know, and its ability to engage corruption in whatever form, will remain seriously compromised.

Pro-activeness, because our previous two boards and their leadership, I believe, were too passive and indecisive, particularly in the enforcement of the Board’s laws, rules, orders and formal opinions. It should no longer be acceptable for the new Board or its legal council to continue sitting passively by, waiting for a concerned citizen or group to first gather all the evidence and file a formal complaint.

Rather the legal counsel should take the initiative and proceed when he or she believes that it is likely that a violation has occurred. Perhaps no more important corrective action could be taken to restore the public’s confidence in this new Board.

A fresh face - Most importantly, if the new GAB truly wishes to bring an end to business as usual at our capitol, the new legal council will not be encumbered with any baggage, including loyalties to previously failed practices or systems.

He or she will be a fresh face and bring along fresh ideas for insuring the integrity of Wisconsin politics. It’s clear that the old Boards and their leadership have failed and lost the confidence of the Wisconsin citizen. If the word “accountability” in the Board’s new name is to have any real credibility, it seems to me, the last thing the Board should do is retain the old leadership. When this personnel decision is viewed in the context of our recent corruption scandal along with the subsequent public disfavor and mistrust, there is no valid alternative.

Thanks again so much for allowing me to speak this morning. By your decision to hold this open public meeting you have clearly demonstrated and signaled to me and to all Wisconsin citizens that your trademark will truly be one of transparency, openness and equity. Thank you.