Friday, August 17, 2012

Nerditorial: More Costco Stories? Okay...

The local area of the blogosphere seems to be abuzz about Costco...


One of the most recent blog articles appears on Northwest Citizen, written by Wendy Harris.

[In the interest of full disclosure, the reader should know that Apexnerd and Wendy Harris are married.]

The story documents the matter of a letter written by Bellingham Mayor Kelli Linville to representatives of Costco. A substantial portion of the letter has been redacted (that is, has been rendered unreadable.)

Wendy's concerns are documented pretty thoroughly in the original article. Nonetheless, I am noticing that the comment thread attached to her article demonstrate a lot of misapprehension about those concerns.

I don't often make comments about things Wendy posts publicly, but I'm going to comment here.

I don't have concerns about the Mayor's judgment. I have the highest confidence that our Mayor is working in the best interests of Bellingham.

This confidence does not extend, under any circumstances, to any private for-profit corporation. Not even a corporation like Costco, which has proven to be an above average corporate citizen. (Which is faint praise that damns, actually.)

The difference between the Mayor and Costco (the difference between any elected official and any private corporation) is that the Mayor is accountable to the public and Costco is accountable only to its shareholders.

And, by that virtue, I don't trust Costco further than I could throw a fit.

So, when I learn that there is negotiation being made between the Mayor's office and Costco... and that the public is not being made privy to the details of that negotiation in its entirety... when the public requests those details... I reach the limits of my willingness to trust.

There is a legal theory that corporations are people.

Bravo Sierra.

But that B.S. is also prevailing legal canon today.

So, if I am expected to live the legal fiction that corporations are people... then I expect this legal fiction to be lived all the time, even when it is not to a corporation's benefit. Corporate persons need to be treated like any other persons when doing business with the government, be that government at a Federal, State or Municipal level.

Last time I checked, I was a person, too.

If I (a person) correspond with the Mayor of Bellingham... my level of expectation of privacy is closer to squat than Jack. If someone asked for the email exchanges between my unincorporated bad self and the Mayor of [Any City in Washington State], those exchanges wouldn't be redacted. I don't even think my email address would be redacted.

So, I take great exception to a level of discretion and privacy extended to any other person that would not be extended to me. Particularly when that "person" is a soulless bodiless immortal creature of the state like Costco.

The notion that the deference extended to Costco is supported by case history, according to the state Attorney General's office, falls well short of serving as a source of comfort to me.

Quite often, the real scandal isn't what is illegal... but what is legal.

Just because the City of Bellingham can legally redact critical information about its dealings with a private for-profit corporation like Costco doesn't make it a good idea... and doesn't make it right.

Finally, and most importantly, the time to apply pressure to your government for more transparency is before a legal line is crossed, not after.

While I understand there is support for Costco's stated aims, aims that are on their face benign, and while I understand that our Mayor enjoys well deserved and hard earned credibility locally... I also understand that there are often unintended consequences associated when municipalities make lasting agreements with groups who have almost no legal accountability to the public.

I am not going to play favorites when it comes to public accountability and transparency.

This is precisely the sort of thing that, if it were tried by the current Whatcom County Council, I would be calling Bravo Sierra loudly and firmly... on the grounds of transparency and accountability.

I trust the Mayor. I don't trust Costco. Therefore, I want transparency.

And remember, some citizens don't trust the Mayor. Some citizens don't trust any Mayor. They deserve transparency, too.

Either you want transparency or you don't. Trust doesn't enter into it.

No comments:

Post a Comment