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Reflections on presidential primary elections past from New Hampshire to Oregon

Watching the New Hampshire presidential primary results stirred memories that remain strong for Spencer Kunath, although it's been almost exactly a dozen years since he was "on the ground" there doing advance work for 2004 Democratic hopeful retired Gen. Wesley Clark.

Kunath's recollections included his experience on election day's earliest hours in Dixville Notch, the best-known of a cluster of villages in the Granite State's far north where national media attention out of all proportion to the actual import is focused each presidential election year, as it was this year.

Dixville exists as a town only for voting purposes. It's a precinct that sits almost entirely on the property of The Balsams Grand Resort Hotel, a renowned old summer retreat for the wealthy. And its nine registered voters this year (in 2004 there were 24, with Clark on hand for the midnight voting and winning the most Democratic votes) were almost all employees of the hotel, which is now being overhauled.

My conversations in recent days with Kunath, who a year after his New Hampshire experience as he was preparing to spend his junior year at Oxford served the summer of 2005 as my intern at Puget Sound Business Journal, prompted me to recall some of my own primary-election experiences in the days before PSBJ.

My most compelling memory is of the 1968 Oregon primary, my first primary as a 28-year-old political writer, where Robert Kennedy's driven effort to win the Democratic nomination for president hit a snag. Oregonians gave anti-war candidate Sen. Eugene McCarthy that state's nomination nod, the first-ever loss for a Kennedy.

I had the opportunity election night to be immersed in the sea of young supporters waiting in front of Portland's Benson Hotel for the defeated candidate's limo to arrive so they could demonstrate their continued affection for him and his campaign.

Then the limo arrived and Kennedy emerged behind the imposing frame of Jim Whittaker, the Seattleite and Everest conqueror who had become a close friend and constant companion of Kennedy's on the campaign trail.

I had been standing next to an ABC reporter named Bob Clark who quickly and literally disappeared beneath the mass of surging, shouting Kennedy supporters and I avoided Clark's fate by grabbing Whittaker's belt as he pushed past and held on until we had arrived inside the hotel.

As we wrote the stories that night, back at the Portland UPI bureau, to bring newspapers and broadcast outlets news of the outcome, I recall the headline the senior reporter put on his story: "Kennedy bushwhacked on the Oregon trail."

I recalled vividly that headline a week later when in fact Kennedy was "bushwhacked," assassinated by a gunman as he moved through the kitchen of the Ambassador Hotel following his remarks after his victory in the California primary.

Reflections on Kennedy in "The Last Campaign," as the book that detailed his 82-day campaign was titled, struck me as particularly thought-provoking for this 2016 campaign.

Because, although he feared, as he told one confidant, that there were "guns between me and the White House," he risked his life to ask Americans to help him reclaim "the generous impulses that are the soul of this nation."

That's the kind of exhortation to healing and hope not likely to grace the lips of any presidential candidate of either party during this campaign 48 years on from RFK's tragic quest to reclaim his brother's legacy and create one of his own.

But back to Kunath and his New Hampshire primary recollections of 2004 and that election climax at Dixville Notch (a word that means pass, incidentally, in White Mountains parlance).

There are a couple of possibly thought-provoking ways to view Dixvlle in the context of its primary election role.

First it could be that as merely a marketing creation to attract attention to Dixville and its grand hotel during primary season it's an appropriate reflection of the marketing that has created the campaigns of some of the presidential hopefuls seeking support from the voters in New Hampshire and in other states. Not quite entirely real but close.

Or the voters in Dixville may represent what Democracy was supposed to be about: Everyone who has the franchise votes (they all gather before midnight and cast their votes since the polls can close only after all registered voters have cast ballots) , and those seeking their support are likely to shake hands with each voter.

Let's see. Out of all proportion to reality. A marketing creation to attract otherwise unlikely attention. Perhaps the ultimate exercise in Democracy. I guess that would be a trio of descriptions that could apply to the nation's primary election season and its presidential hopefuls.

Kunath was 19 and a sophomore at DePauw University when he was dispatched by the Washington State Democratic Committee away from the Washington State gubernatorial race to help in the New Hampshire campaign.

"The voters there (referring to Dixville and the nearby villages) are really accustomed to direct one-on-one interaction with the candidates and expect that they'll come and sit for a visit," Kunath said. "It's a totally different world."

Kunath and I talked about the challenge facing reporters covering any campaign (now as in 2004 and 1968) from aboard the bus of a particular candidate, and the thought occurred to me that it might be a reason the media is often accused of bias.

"Reporters on a campaign bus need access to the candidate so they avoid saying anything negative about the guy whose bus they are on," said Kunath with the insight of one who has had a chance to be there.

"If they get kicked off the bus, they will lose their job because their employer is unlikely to pay for a rental car rather than to just assign a different reporter to the candidate," he added.
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How new state cancer-research fund came about in the 2015 Legislature

 

The tale of how Sen. Andy Hill, a near-miraculous survivor of lung cancer and the powerful Republican overseer of writing the Senate's budget, helped guide funding to create a new state cancer-research fund might have been the story of a legislator's personal cause and vision brought to reality.

Instead, what has begun to emerge is a tale of more typical legislative ineptitude, because most observers aren't really sure what the Hill-guided budget inclusion of a Cancer Research Endowment Fund brought about or why it was carried out with the intrigue and confrontational politics that occurred.

One certainty is that Hill was a key architect of a Republican conviction that funding needed to end for the decade-old Life Science Discovery Fund, which provided grants to an array of emerging life science and biopharma companies and some viewed as a logical administrator of a new cancer-research fund.

So in the end the Legislature's 2015 final budget compromise killed funding for LSDF but did not put the organization itself out of business.

Meanwhile, the legislation creating the new cancer fund, referred to as CARE, was approved with a $5 million matching grant this year and a $10 million matching grant next fiscal year and thereafter to fund cancer research in this state. Maybe.

But before any of the grants can be made, there must first be "proof of non-state match," meaning there is no certainty that any of those state dollars will actually be spent without the emergence of entities seeking to match the grants.

For reasons many outside of the political arena couldn't quite understand, Republicans, with Hill as a leader of the viewpoint, didn't like the concept of funding startups while Democrats were strong supporters of LSDF and the potential jobs grant-recipient companies might create.

But Hill apparently, on more than one occasion, suggested that the administrative structure and staff of LSDF, including its well-regarded Executive Director John DesRosier, could become the overseeing entity for the new cancer-research fund. So perhaps Hill will explore that possibility.

Someone might have explained to Hill, a former Microsoft manager, that cancer research is a life science discovery activity and that rather than forcing the elimination of LSDF's funding in a bitter and controversial battle with Democrats who supported LSDF, he could have forced cancer research to be its new focus.

In fact, a proposed initiative, backed by organizations like the Fred Hutchinson Cancer Research Center, that failed to gain enough signatures to make the ballot last year would have created a large pool of dollars, funded by tobacco-tax increases, a fund that would have been administrated by LSDF as an added responsibility.

And Rep. Ross Hunter, the Democrat who chairs the House Ways and Means Committee and also a cancer survivor, had led an effort in the 2015 session on behalf of a bill with a similar goal of establishing a cancer-research fund with dollars from an increase in the tobacco tax, but the bill never got through the committee challenges.

Hill's 2009 conquest of stage 3 lung cancer, including a pronouncement at one point that it was terminal before his treatment with a new targeted therapy left him cancer free in a matter of weeks, is a remarkable story that would have made his support for a meaningful step to fund cancer research laudable and a cause for broad support.

Hill made it clear that one of the reasons he ran for office in the fall of 2010 was to "advocate for continued scientific research and development of life saving and life altering therapies."

In the end the relatively small amount that the CARE fund provides isn't in the same ball game that commitments like the $200 million lawmakers in neighboring Oregon approved to support a $1 billion public-private effort to bring the nation's top cancer researchers to Oregon.

And Oregon is only one of the states that have made such major commitments to cancer research.

One of my friends long involved in watching legislative machinations offered an analysis of what occurred: "You kill LSDF which uses OPM (other people's money, i.e., the tobacco settlement), and then appropriate precious few taxpayer dollars and create a new entity to do close to the same thing LSDF does, or did. 

"Why not have kept LSDF and directed that $5 million or $10 million of its existing funds be focused on cancer research specifically?" 

The kind of money the Legislature approved is a relative pin prick being thrown at cancer research at random, to be run by an entity that doesn't even exist yet, but will require some overhead to become operational.

What the Legislature created may have been the only potential state expenditure that could have gotten through a group of lawmakers whose Republican members were adamant about not spending anything that would mean new taxes, and that would presumably include funding cancer research.

Thus what Hill was able to get support for winds up as a pale shadow of the potential $1 billion that Initiative 1356, which failed to gain the signatures needed to make the 2014 ballot, would have raised for cancer research through a dramatic increase in the tax on cigarettes and other tobacco products, as well as marijuana.

If what really is only a gesture toward cancer research by the state at this point proves successful by any measure, it's possible that future legislative sessions may find the courage to step up to greater commitment in legislative support for the world-class cancer research and care that has developed in this state.
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GOP "mainstream" leaders seek to energize new generation to recreate past successes

The grand old men of Washington State's Grand Old Party, who brought about the closest thing to a Republican Golden Era in their state back in the '60s, are seeking to help attract and energize a new generation of young people to what they tout as the GOP "mainstream."

 

Their vehicle for renewal is Action for Washington, created in 1968 by Sam Reed and Chris Bayley, then a couple of young newcomers to the Republican political scene, and recreated several years ago by Reed, who retired this year after three terms as Secretary of State.

 

sam reed
Sam Reed

The organization had its first fund-raising breakfast last week in Bellevue and a group of those young people who have been attracted as "mainstream" (meaning politically moderate) messengers for the future was in evidence, along with Reed, Action for Washington President Alex Hays and Republican party icons Dan Evans and Slade Gorton.

 

All are aware that the image being created by Republicans nationally on a number of social issues is making it a more daunting task to create a Republican revival in states like Washington, which has grown increasingly "blue" in the past couple of decades.

 

That's particularly felt by Republican moderates coming off a gubernatorial election in which the positions of the party nationally may have been the biggest contributor to the defeat of GOP gubernatorial candidate Rob McKenna.

 

"Clearly what is happening nationally is hurting us," Reed conceded. "But the Northwest, both Washington and Oregon, has traditionally been a place where a different breed of Republicans has operated. And we need to renew that image, and begin to find a way to have an impact nationally."

 

The graduates of the Action for Washington program are seen as a starting point. The young men and women, many recruited from college campuses, are enrolled in a leadership conference that provides weekly exposure for three to four months of discussion in areas like public policy, public relations and other issues that Hays sees leading them, once they're "alumni," to "vitalize the center-right" with their future involvements.

 

In a sense, the past-and-present leaders envisioning renewal may hope there's a flip side to George Santayana's oft quoted (usually inaccurately) admonition about "those who cannot remember the past are condemned to repeat it." The reverse would be that those who remember the past may be able to help repeat it.

 

In fact, the events that unfolded in the decade of the '60s that Reed, Evans and Gorton helped bring about may offer lessons for today, and tomorrow. Those include pushback by Republican moderates against the party's more high-visibility conservative wing, legislative coalitions that both Reed and Hays refer to as the ultimate example of political bipartisanship, and possible looming rifts among Democrats, potentially reminiscent of the divisions of the late '60s and early '70s.

 

All of those were part of the historical background for what happened in Washington in the '60s that believers in a renewed GOP mainstream would like to recreate.

 

It was in 1963, when an over-reach by Seattle-area Democrats on the issue of public vs. private power drove angry conservative Spokane Democrats who were believers in protecting Spokane-based and investor-owned Washington Water Power Co. into a coalition with Republicans.

 

The result was Spokane Democratic Rep. Bill (Big Daddy) Day became speaker and Republican Dan Evans became majority leader, setting the stage for his victory a year later in the gubernatorial race in which he ousted Al Rosellini. Young Seattle city councilman A. Ludlow Kramer, a Republican, rode along to victory in the race for Secretary of State, both bucking a Democratic landslide nationally.

 

It was their victory, and the emergence of young newcomers like Reed, then fresh out of graduate school at WSU where he was president of the campus young republicans, and Bayley, just back from Harvard and destined to be King County prosecutor, that helped push back the growing role of conservatives in Washington State. In those days, the conservative wing of the party, which helped propel Sen. Barry Goldwater to the GOP presidential nomination, was under the banner of the John Birch Society.

 

Meanwhile, Democrats were being torn by internal struggle over the Vietnam War, with the party's liberal wing in this state so angered that they actively sought to defeat Henry M. Jackson, one of the nation's most powerful and respected Democrats and an avowed Hawk, in the 1970 election.

 

Part of what helped moderate Republicans to electoral success in the '60s and early '70s, and would be their hope for the future, was what Hays chuckles in referring to as "Washington's rich tradition of ticket splitting," the key to Evans' and Kramer's victories despite the Democratic sweep nationally. That was also true in '68 when Gorton was elected state attorney general and in a series of elections in which Republicans claimed the majority in the state House of Representatives, without the need for a coalition.

 

Hays, 43, notes that in his "younger years," before he became active in the state Republican organization and with Mainstream Republicans of Washington and president of Action for Washington, he "helped a few of my conservative Democrat friends in their campaigns."

 

Reed laments that Mainstream Republicans get far less visibility for their stands on issues, such as in favor of Gay rights, pro-choice and pro- immigration reform, than the views of party conservatives, including the Tea Party types.

 

Reed is particularly proud of recalling that it was while helping guide the original Action for Washington as executive director of the governor's Urban Affairs Council, that he recruited Art Fletcher, a black self-help advocate and member of the Pasco City Council, to be the GOP candidate for lieutenant governor.

 

Although Fletcher lost to incumbent John Cherberg, he was the first and so far only African-American to be the nominee of either party for a major statewide office.

 

Both Hays and Reed view the coalition that came about in the State Senate this year when two Democrats, including one-timeRepublican Rodney Toms, driven from the party by battles with conservatives, joined with Republicans to create a majority as "the ultimate example of bipartisan cooperation."

 

Reed notes that "it's interesting that in both 1963 and this year that a lot of people were skeptical that the coalitions would hold together, but they proved they could work together when the pressure was on."

 

As to seeing another divisive battle among factions in the Democratic party, Reed and Hays think the growing budgetary impact of public pensions and retirement practices will eventually be seen as a challenge to key liberal causes such as environmental inititives and programs for children and the poor.

 

"There's no way to maintain support for all the Democratic interest groups with current budget realities, and that will begin to create real divisions in the ranks," said Reed.

 

How well the old guard's experience with the past helps them recreate something similar for the future will be evidenced as 2014 political campaigns in this state take shape.

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A business organization focused on 'public policy that transcends partisan politics'

David Giuliani, the Seattle-area entrepreneur who launched two companies that became new-innovation success stories, has co-founded a statewide business organization named Washington Business Alliance that he hopes can help bring a new innovation to the way government makes decisions. It might be said that Giuliani, who launched and built Optiva and Clarisonic into hugely successful companies that revolutionized teeth cleaning and skin cleansing, has set his sights on building a business organization that would cleanse government of the need for ideology in its decision-making. Basically, his Washington Business Alliance is focused on bringing "a reasoned, collaborative approach to public policy that transcends partisan politics." Optiva, of course, was the maker of SoniCare, the first electronic toothbrush. After Giuliani guided Optiva into the hands of Philips Electronics, he created Pacific Bioscience Laboratories and produced the first electronic skin-cleansing device, Clarisonic, and sold it last fall to cosmetics giant L'Oréal USA. Giuliani stayed on as Clarisonic CEO, though he made clear in an interview that he will be stepping down from that role this fall to devote full-time attention to the task of chairing Washington Business Alliance, which he co-founded last year with Howard Behar. Behar's credentials are about as impressive as Giuliani's. He spent the last 21 years with Starbucks, which included serving as President of North America and as founding president of Starbucks International. Giuliani says the organization, which is seeking business members rather than individuals and has a dues structure ranging from $500 to $15,000 per year, is "committed to developing effective solutions that are not constrained by political expediency or ideology, with an emphasis on data-based solutions for long-term results." That phrase, "not constrained by political expediency or ideology," is a stop-and-reread phrase because what has struck me about the organization, and the leadership composed of successful entrepreneurs, is that it is truly seeking to look past the political to arrive at solutions in a process beyond the ideological spectrum. It seems to me that for business people who wish to depart from the process of having to first vet ideas by placing them on the ideological spectrum before we can discuss them, that focus alone merits a conversation and moves the organization's goal from the Quixotic to the possible. And Giuliani and Behar have attracted other business leaders to their leadership ranks, including Norm Levy, who has served as corporate strategy counsel for almost three decades to companies like Starbucks, Boeing and John Fluke Manufacturing, and long-time Boeing executive Debbie Gavin. With a background as financial vice president of several Boeing units, Gavin will be the association's treasurer. "The idea isn't for business to disengage from government, but to engage differently," says Roz Solomon, who was plucked from the legal consulting business with a background that includes having been an administrative law judge for Washington State, to be executive director of the organization. "Our goal is to ferret out those things that government is doing well and reinforce them," Solomon adds. "There are a lot of parts of government that are intractable, but there are also a lot that aren't." Giuliani, 66, who was Ernst & Young's manufacturing Entrepreneur of the Year nationally in 1997, explains "we're focusing on a non-political methodology, seeking to attract business people who realize that solutions to problems don't necessarily happen through political means." I asked Giuliani and Solomon during an interview whether seeking members for a non-political organization at a time of the political intensity of an election year was really a good decision. "It's important to use the political cycle as an opportunity," Giuliani replied. "There are a lot of people who are writing checks for candidates and asking themselves 'should I really be writing this check? Then why is it so dissatisfying?'" "The election process tends to intensify the frustration people feel about politics, causing many to wonder - what can I do to fix it?" Giuliani added. "There are likely to be a lot opportunities for post-election messaging for Washington Business Alliance that will resonate with the voters." And while the focus of the new organization is the state races for now, Giuliani notes that there's what he describes as "a national movement to create this type of organization in other states," which in the future could lead to initiatives relating to influence on decision making at the national level. Giuliani says his group has already had a lot of interaction with the Oregon Business Association, a group, similar in focus that has been in existence for several years. "There are a lot of people dissatisfied with what they view as a dysfunctional, polarized system," Solomon added. "It's people left with those sorts of questions about politics that we want to engage for the future."
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Reading an old Dan Evans speech stirs a sense that change isn't always improvement

Occasionally we run across something from yesterday that causes a sense that change isn't necessarily always for the better. And perhaps nowhere is that more true than in the political realm.

 

That thought occurred to me a few days ago when I had the opportunity to read a speech by former Governor and U.S. Senator Dan Evans to the January 1995 Economic Forecast conference in Seattle.

 

It was the day after Republicans, as a result of the transformational election of 1994, assumed control of both houses of Congress for the first time in 40 years and, with three dozen new GOP legislators, the state House in Olympia.

 

Evans, who himself had bucked a Democratic landslide in 1964 to win the first of his three terms as governor, referred, at the opening of that speech, to "day two of a new era," then joked, "Or is it the Newt era?" That was a reference, of course, to the new House Speaker Newt Gingrich, who had orchestrated the overwhelming takeover of the House of Representatives by Republicans.

 

I got a copy of the speech from Neil McReynolds, then a top executive at the old Puget Sound Power & Light Co., and chair of the board of the Economic Development Council of Seattle and King County, which put on the event at which Evans was keynoter.

 

McReynolds, who had been Evans' press secretary in Olympia when he and I met in the late '60s, is constantly running across decades-old documents in his files and, finding this one while we were visiting, he thought I might find the speech interesting.

 

Politics has provided several swings since that Evans' speech when Republicans were coming to power halfway through Bill Clinton's first term. But maybe the swings, either to the left or right, haven't always made things better.

 

What I found most interesting in reading Evans' talk was the reminder of him as an elected official who was impossible to pigeonhole ideologically. As governor and later as U.S. senator, he avoided ideological rigidity and found good ideas might sometimes spring from the Democrat side of the political aisle. And that dumb ideas could sometimes be offered by his fellow Republicans.

 

Thus at a time when polarized political positions characterize decision-making, reflecting on Evans, and actually many who were like him, including Washington's late Democratic Sen. Henry M. Jackson, make it obvious that politics doesn't have to require ideological polarization.

 

Before outlining in that speech a series of ideas "to propel Seattle and King County into world-class economic status," Evans blasted "talk show hosts screeching about waste in government," proponents of term limits and a balanced-budget amendment, environmental extremists, and excessive regulations that stymie growth.

 

And he also took to task the nature of campaigning. So in what could be a comment about the unfolding 2012 election rather than a reflection on 1994, Evans noted "We have just concluded the nastiest election in my memory. Virtually all campaign advertising was enormously distorted and negative."

 

"By constantly trashing our political leaders, we also breed disrespect for our own system, of government," Evans said. "The result is a new political landscape dotted with constitutional amendments and initiatives designed to protect citizens from 'evil' politicians."

 

Of two ideas whose proponents have continued to seek traction since that "new era" that Evans referred to as dawning, he told that 1995 business audience: "The balanced budget amendment is a loony idea that is meaningless until we decide how to keep a national standard set of books so we can measure balance."

 

And of the idea of term limits, Evans offered: "As a voter I am outraged by those sanctimonious term limiters who would steal from me the freedom of my vote."

 

But in addition to hitting "those talk show hosts who cater to the base emotion of people," he took to task "the politicians who blithely promise what they know they cannot deliver," and "those rigid environmentalists who will see you in court if they don't get all they seek."

 

Thus he has always been a leader in what I and many feel is an unfortunately disappearing breed, those who view ideas on their merits rather than insisting that any new idea must be vetted based on where it fits ideologically.

 

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For Egil Krogh, memory of Watergate break-in is a reminder of integrity lost

Reflections on the 40th anniversary of Watergate will, for many, merely be a pause to recall a bungled break-in that began the most tragic chapter in the history of the presidency. But for Egil (Bud) Krogh, an up-and-coming young Seattle attorney who became a key part of Richard Nixon's White House team, the lessons from the fall of a president echo down the years less as a bitter memory than as a reminder of integrity lost.

 
 

To Krogh, it's important that the events of 1972 that led inexorably to the resignation of Richard Nixon two years later be kept ever in the minds of elected officials and those who work for them. Thus he maintains a busy speaking schedule sharing his thoughts on integrity and the perspective of power before corporate and legal groups, academic assemblies and gatherings of young people on the importance of integrity-based decision making.

 

His 2007 book, "Integrity: Good People, Bad Choices and Life Lessons from the White House," had a second run last month, Krogh told me as I caught up with him by phone as he was en route toward a Pennsylvania speaking engagement. "It's selling better now than at the beginning. The issue of government integrity seems more relevant to people today."

 

He's also developed and is sharing a decision-making model he calls The Integrity Zone, which is designed to help people make integrity-based choices in their professional and personal lives. He suggests that the lessons from Watergate and its aftermath have become more relevant to people because of recent political and business scandals.

 

Krogh recalls that even though he had moved from the White House to be Undersecretary of Transportation by then, when he picked up the Washington Post that June morning in 1972 to read of the arrest of those who had been caught breaking into Democratic headquarters at the Watergate, he recalls one thought: "My God, that's my fault."

 

The reason for that reaction was that as co-director of the White House special investigations unit called the "Plumbers," Krogh had a year earlier approved a covert operation as part of a national security investigation into the leak of the Top Secret Pentagon Papers to the New York Times.

 

The covert operation was a break-in at the office of Lewis Fielding, the psychiatrist for Daniel Ellsburg, who had released the Pentagon Papers. Krogh hired G. Gordon Liddy and H. Howard Hunt to do that break-in, the same men who were arrested at the Watergate break-in.

 

Krogh assumed the blame for it all because he was convinced that the break-in at Fielding's office had created the sense that breaking the law on behalf of the president was acceptable, thus setting the stage for Watergate.

 

It's that conviction about his personal responsibility for what became Watergate, even though he knew nothing about the break-in before reading about it that morning, that has guided his thinking and involvements through the four decades as a sort of personal quest for redemption.

 

The dedication in his book, written with the help of his son, is a telling reflection of that lifelong campaign: "To those who deserved better, this book is offered as an apology, an explanation, and a way to keep integrity in the forefront of decision-making."

 

.The book itself details the lessons of Krogh's lifelong effort to make amends for what he describes as a "meltdown of personal integrity" in the face of issues of loyalty to the president and to the power of the office.

 

Krogh eventually went to prison for almost five months after pleading guilty to criminal conspiracy for engineering the break-in at Fielding's office.

 

Krogh has recalled in several of our discussions over the years how, after Nixon's resignation, his personal path toward reconciliation involved a visit with Fielding to apologize to him for what Krogh told him was "an unacceptable violation of the rights of a genuinely decent human being."

 

Then followed a visit with Nixon in California in which Krogh recalls basically saying: "Mr. President, I apologize to you because everything that's happened was really my fault."

 

Krogh and Ellsburg subsequently became friends with Ellsburg writing the forward comments for Krogh's book.

 

In our recent telephone conversation, Krogh noted that even the famous meeting between Nixon and Elvis Presley, who wanted to help the President tackle the nation's drug problem, had an outcome that simply lacked integrity.

 

"Elvis asked if the president could get him a special badge from the bureau of narcotics and, even though he wasn't entitled to that kind of a badge, I told the president I'd get one," recalls Krogh, who had actually arranged the Elvis meeting. "Elvis not only got a badge, but he carried it for seven years and he simply shouldn't have had that badge."

 

A historical note is that of all the requests made each year to the National Archives for reproductions of photographs and documents, the one that is requested more than any other is the photograph of Elvis and Nixon shaking hands at that December, 1970, visit. More requests than for copies of the Constitution or the Bill of Rights.

 

Krogh left Seattle and his law practice three years ago to join the Center for the Study of the Presidency and Congress as a Senior Fellow on Leadership, Ethics, and Integrity.

 

His current focus, however, is zeroing in on the School for Ethics and Global Leadership, which attracts high school students, and it's in that environment of sharing his philosophy with young people that he is honing his Integrity Zone concept.

 

And he is increasingly seeking to promote the concept of the Integrity Zone, which is based on a couple of fundamental considerations. The first challenges the process of thinking that precedes decisions, basically: "have I thought through all the implications?" while the second part is ethical considerations: "Is it right? Is this decision in alignment with basic values like fairness and respect?"

 

"We never asked any of those questions in the Nixon White House," Krogh said. "And most of what we see in Congress today fails those tests. Instead we see a focus on loyalty and feilty to party. You simply can't check your personal integrity at the door."

    

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Legislature ensures that charter schools will be governor's-race issue

The Washington Legislature ensured that the controversy over charter schools will become a focus in the state's gubernatorial campaign by specifically rejecting charters as part of any education-reform efforts in a bill that creates a handful of what will be called "collaborative schools."

 

The manner in which the legislation was conceived and approved, at the request of Gov. Christine Gregoire after she specifically warned that she would veto any bill authorizing charter schools, has "controversy" written all over it.

 

Passed in the midst of an extended session aimed at resolving the state's budget crisis, the bill is titled "collaborative schools for innovation and success pilot program." It calls for a five-year program involving six elementary schools, each of which will be operated by pairing to-be-determined school districts with colleges of education in the state.

 

The bill basically does two things that, for sure, won't make proponents of dramatic change in the state's education system very happy. It requires, basically, that all parts of the current schools infrastructure -- administrators, teachers unions and what's called "the professional education standards board" - must sign off on any innovative programs conceived for the handful of schools permitted to participate. And it ensures that no wholesale changes would be possible until the five years of testing for those few schools provided for in the bill have been fulfilled and evaluated.

 

One of those left unhappy is Rep. Eric Pettigrew, the respected African-American Democrat whose House district includes some of Seattle's at-risk neighborhoods and who had co-sponsored a bill to permit charter schools in Washington State.

 

"This bill isn't even close," Pettigrew told me in a telephone interview. "We have been doing things the same way for too long and accepting a certain failure rate and I don't think that's acceptable."

 

"Charter schools provide the flexibility to be nimble in seeking education changes," he added. "Probably the most frustrating thing about the entire experience is that discussion of what's best for the kids never seems to really conclude before it trails off into organizations that will need to be involved."

 

The comment frames the reason for controversy over charter schools in this state, one of the last nine in which charters are prohibited. Whether what's best for the kids is the unquestioned number one issue inevitably collides with many teachers and teacher advocates who will insist that even if kids' needs are the priority, what's good for teachers is also an issue. The stronger the teachers union in a state, the more that conflict comes into play.

 

The Seattle Times, in a January editorial on the bill proposed by Pettigrew and Sen. Steve Litzow, a Republican from Mercer Island, said: "Political courage is often lacking in Olympia, making Pettigrew's willingness to buck the Democratic Party's usual fidelity to the Washington Education Association all the more striking."

 

"Expect contentious debate," The Times editorial continued. "In particular, the teachers union sees charter schools as a threat. Yes, Washington state voters rejected charter-school proposals three times. But we know a lot more about these innovative public schools since the last failed measure in 2004."

 

Indicating that his "courage" isn't likely to wane in the coming months as likely Democratic gubernatorial standard-bearer Jay Inslee picks up the education ball his party has crafted for him and runs with it, Pettigrew said "if the unions or even my fellow Democrats want to come after me, fine."

 

Atty. Gen. Rob McKenna, the presumptive Republican gubernatorial nominee who has promised to make education reform and funding a focal point of his campaign, says of the collaborative-schools idea "There is no evidence that they will actually work. Moreover, it will take years before we know if they do."

 

"I support trying new approaches to improve education for our children right now," he added. "And a smarter approach would be to adopt models that have a proven track record of success, like high-performing public charter schools that are working in 41 other states." 

 

McKenna says both collaborative schools and charter schools should be "tools in the toolkit" for those seeking a new education model.

 

Inslee, in a wide-ranging blueprint for education reform to create "An innovative, accountable education system: building a better future for every child and a stronger economy for Washington," called for change in most aspects of the economy that might impact education funding.

 

Thus his plan for educational reform and adequate funding calls for "reinvigorating the economy..." "Reverse the trend of healthcare inflation eating into education spending..." "Sunset corporate tax loopholes that have outlived their purpose..." and "Expand a system of quality improvement to all government agencies..."

 

Inslee says his "vision for an education system by 2020" includes that "achievement and opportunity gaps among students are eliminated."

 

An ongoing challenge for Inslee and Democrats in rejecting the idea of even having charter schools on the education-reform table is that some prominent, long-time Democrat supporters appear reluctant to get aboard.

           

Perhaps most challenging for them is Nick Hanauer, the venture capitalist and avowed "lifelong Democrat and committed progressive," who views Republican positions on social issues and taxation as "misguided," but says "McKenna is on the right track and we are not" on school reform.

 

"We may be headed in the right direction, but we aren't in the right lane," Hanauer told the head of the state teachers' union in a February e-mail exchange. "It is not classroom teachers who are afraid of change and innovation, it is their union." 

 

While charter schools are anathema to teachers' unions, they have gathered supporters from among some of those who toil in the classrooms, including Erin Gustafson, who grew up on Mercer Island but began her teaching career in one of California's poverty pockets.

 

"My path to supporting charters began 16 years ago when I taught fifth grade at a high-poverty school in Vallejo," Gustason told me. "I became disillusioned with the poor teaching, union rules that protected that, and the restrictions of operating in a large system."

 

Gustafson, now married and the mother of children 9 and 7 and a substitute teacher, became involved in a new teacher-created education-reform non-profit called Teachers United, born a year ago with the goal of "giving teachers a voice in policy debates."

 

 She is now policy director for the group, which advocated last session for charter schools as one of the choices that need to be available in Washington State. She was among teachers from the organization who testified before the legislature's education committees on behalf of charter schools.

 

"After doing a lot of research and visiting several public charter schools in California, I have come to believe that successful public charters are an effective way of closing the achievement gap," she said. "We took teachers who were interested to visit high-performance charters across the country and, for those teachers, seeing was believing so they decided to advocate for charters."

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Supporters of crowd funding for startups must await SEC rule-making process

Now that the so-called crowd-funding measure has whipped through Congress with a speed and level of bipartisan support unheard of in recent years, the effort to make it fulfill its promise of creating new companies and jobs begins. And that may prove more challenging than its passage.

 

Before any entrepreneur with a can't-fail idea rushes to the Internet in hope of attracting a crowd of investors, the Securities and Exchange Commission must first set the rules on how provisions of the law will be permitted to play out. The agency has 180 days to fulfill those duties.

 

The legislation, called the Jumpstart Our Business Startups Act (JOBS) will dramatically expand the way new companies can raise money and the reduce the oversight for smaller companies doing initial public offerings.

  

After quick congressional approval last week, President Obama, who admits he first learned about the proposal in early March, will be signing the bill Thursday.  

 

Supporters view it as a major breakthrough for funding entrepreneurial startups and thus eventually creating jobs. Critics are convinced it is a funding disaster in the making. Both will have to wait to see what the SEC comes up with.

 
 

That process that will draw its own critics as it unfolds and the fact it's now in the SEC's hands will likely create some apprehension for friends and opponents alike.

 

More than a few cynics have suggested that the bill's acronym, JOBS,  is a key reason few in Congress dared oppose it despite a lot of whispered reservations.

 

What the bill seeks to achieve is the opportunity for people (crowds) to organize via internet websites to fund companies. Using the internet to raise money is a process that's long been utilized for charitable and entertainment purposes.

 

 The crowd funding approach would open the way for people to invest as little as $500 and up to $10,000 in startups, eliminating the long-time steep financial requirement for investors, other than what's known as "friends and family" investors.

 

The kind of hype that has marked the rapid progress of this legislation through Congress is nowhere better displayed than on the website of Crowdfunding Offerings, which pitches its ability to provide an investment platform for "the crowd."

 

So here's the firm's pitch:

"Crowdfunding investing will allow start-ups and existing businesses to raise funds for their companies directly from the public who will invest small amounts of money in return for shares in the company. Americans will finally have the opportunity to invest in ways that have historically been reserved only for the wealthy. Together, America's entrepreneurs and investors will launch the next great ideas of our time!"

 

When I write occasionally about angel-investing issues, I turn to friends from Montana to California who are leaders among angel investors, with an occasional venture capitalist thrown in. Their collective insights inevitably create a better understanding of the issues, but disagreements among them frequently abound. And so it was with the crowd-funding measure.

 

The most vocal and opinionated among my angel friends on this issue is Bill Payne, who summers in the Flathead Valley of Montana and winters in the Las Vegas area. Payne, who gets to a conviction about his views because of the respect he receives from angel investors across the West and beyond, describes the bill as "a train wreck waiting to happen."

 

"Lots of investors will get scammed," Payne suggests. "Just give it a couple of years and Congress will be asking the SEC how they ever let this happen!".

 

Mike Elconin, San Diego-based leader of the major Southern California angel-investor organization Tech Coast Angels, sums up a concern that even some proponents share.

 

"The danger is that this new law will engender an expansion of boiler rooms in which slick sales people convince unsophisticated investors to put money into companies at highly inflated valuations," says Elconin. "Whether you think this is a problem for government to prevent, or a matter of buyer beware, depends on your political philosophy."

 

Dan Rosen, a respected Seattle attorney-investor and a policy director for the Angel Capital Association (ACA), is among those who supported the legislation and helped author an ACA internet post to help inform angels on the bill

 

Rosen, at the invitation of the White House, will be on hand at the bill signing Thursday. 

 

Liz Marchi, who presides over the Kalispell-based Frontier Angel Network, frames why many supporters have looked beyond those concerns at what many perceive as the underlying importance of the legislation.

 

"While there will inevitably be some hiccups in the execution of crowd-funding, I think it's a major breakthrough for early stage seed capital," she said.  "Congress has certainly allowed some risk with this bill, but it drives private capital down the food chain where it is desperately needed to seed innovation."

 

Tom Simpson, former venture-capital leader who now heads the Spokane Angel Alliance, sees the new law as "not perfect, but a step in the right direction."

 

"But I agree with Payne that the more investors a new company has, the more the likelihood for problems," he added.

 

Republican Sen. Scott Brown of Massachusetts, who conceived the measure, offers perhaps the most compelling argument in favor of it.

 

He explained that the long-time practice of people funding their new businesses by mortgaging their homes is basically no longer possible. So a new source of start-up capital was necessary, particularly in the face of the disappearing hope of bank financing.

 

My own sense is that the typical congressional supporters of the bill went through the following conversation with themselves:

 

"Job creation is so politically important today that if it costs investors a few thousand dollars each down the road, it's worth it. Somebody has to pick up the tab for creating jobs and we certainly can't. Poor people buy lottery tickets all the time taking risk far greater than investing in a start-up company. So let's get on with it."

 

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A look back over presidential primaries suggests some benefits in long campaigns

Concern among Republicans that the prolonged battle for their party's presidential nomination could have a lasting negative impact on the eventual nominee is intriguing given how struggles for the nominations of both parties used to unfold.

 

There is some understandable hand-wringing among GOP leaders who would like to see a wrap on the nomination battle so a presumptive nominee can begin to focus on campaigning against the president. But a look back would suggest it's the nature rather than the length of nomination battles in either party that wears on the voters.

 

And a student of history might reflect that something has been missing in recent presidential-election years. The process of presidential-preference primaries, born in Oregon in 1910 and originally viewed as empowering the people to choose their parties' candidates, has become a boring march to the inevitable for the past generation.

 

But 2012 may provide a revisiting of those campaigns in which the trail to the nomination led through Oregon in late May and on to the primaries' climax in California in early June.

 

It's the first time in 20 years that a June date in California and the quest for its huge pot of delegate gold has been possible. In 1996 California decided that its primary had become anti-climactic and moved it ahead to March so it could catch the heat of action.

 

Last summer, pronouncing that the experiment for California to compete for election dollars, high profile candidate appearances and perhaps also an increase in political clout had failed, Gov. Jerry Brown signed legislation to restore the state's primary to June.

 

So ironically, the decision may have put California and its 172 delegates back in the eye of the campaign hurricane, a week after Texas bestows its 155 delegates, and the two, plus Oregon and a handful of other states in late May, could explain why all of the four candidates insist they are staying in the race.

 

An ironic reflection on past presidential-nomination contests is provided by the one in which Mitt Romney's father was a vital early figure. I haven't seen as much recollection as I thought there might be on the fact that Gov. George Romney wasn't only a hopeful for the 1968 GOP nomination, but had been viewed as almost the pre-emptive favorite heading into that year.

 

And had he not made the disastrous slip of explaining his change of heart to become an opponent of the Vietnam War as having been "brainwashed on Vietnam," Mitt Romney might now be running as part of a family political dynasty, ala the names Kennedy or Bush. And it might have been a campaign in which the issue of a Mormon in the White House had long ago been resolved.

 

The '68 campaign was also one in which, as I reflected several years ago, prominent figures from Washington state played key roles, a campaign that, as a young political writer, I had the opportunity to cover.

 

There were still three nomination hopefuls in the Democratic-nomination race by the time of that '68 Oregon Primary. And there would still have been three by the disastrous Democratic convention in Chicago had Robert Kennedy not been assassinated a week after Oregon, moments after acknowledging victory in the California primary.

 

Everest-conqueror Jim Whittaker of Seattle was an ever-present figure by Kennedy's side until the fateful moment in a hallway of the Ambassador Hotel in Los Angeles when Sirhan Sirhan shot Kennedy.

 

Washington's former governor and U.S. Senator Dan Evans still well remembers the GOP convention in Miami and his role as the keynote speaker whose support was sought by both eventual nominee Richard Nixon and New York Gov. Nelson Rockefeller, who still had a chance at convention time. Nixon even suggested the vice presidency might accompany an endorsement from Evans, who chose instead to endorse Rockefeller.

 

The Republican primary effort that year, despite enduring up to the convention, as did the Democrats', was a much more gentlemanly affair than the bitterly divisive, Vietnam-fueled Democratic struggle. And most students of history would suggest that campaign  bitterness had an influence on the fact Richard Nixon won in November.

 

Four years later, the decision about the Democratic nominee also stretched to the Oregon and California primaries. Eventual Democratic nominee Sen. George McGovern beat former Vice President Hubert Humphrey by 44 percent to 39 percent in California to assure himself the nomination.

 

Washington Sen. Henry M. Jackson was a distant third in '72 but didn't drop out until early May. And he was a more serious challenger in'76 in what was still a four-man race for the Democratic nomination when he dropped out May 1 after losing the Pennsylvania primary to eventual nominee, then president, Jimmy Carter.

 

As those and other campaigns make clear, there's nothing inherently undesirable about a prolonged primary campaign that exposes the candidates to an electorate that deserves the opportunity to get to know as much as possible about the person who could wind up as their president.

 

If the candidates' comments and pronouncements make their shortcomings as presidential timber obvious, that's beneficial to the voters, if not necessarily to their party. It's only when the unending barrage of negativity from opponents paints a picture of shortcomings that may not even exist that a prolonged campaign does damage to the political process.

 

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Nickels' likely entry will enliven race for open Secretary of State post

Former Seattle Mayor Greg Nickels' likely decision to seek the Democratic nomination for Washington Secretary of State may represent a sobering reality to the three Democrats already announced and campaigning. But it's also a bit of cold water on the hopes of those who figured he'd seek to regain the city's top elected position next year from "the accidental mayor."

 

While Nickels has given himself until Valentine's Day to make up his mind about a race that he says he didn't really begin to contemplate until "over the Holidays," it was clear during a telephone interview that he's already thinking about what he would seek to accomplish in the office. The chances that he will decide not to run are remote.

 

"I think this office, where all businesses documents have to be filed, can be a place for someone to act as an ombudsman for small businesses all across the state," said Nickels, who would be seeking, along with the other Democrats, to be the first from their party to win the Secretary of State job in this state in 50 years.

 

The other Democrats include Kathleen Drew, a one-time State Senator who now works for Gov. Christine Gregoire and who is the only woman seeking the Democratic nomination. She has already received some important endorsements. Those include former King County executive Ron Sims, who recently returned from a stint in an Obama-Administration post, and King County Assessor Lloyd Hara, who is holding a fund-raiser for her next month.

 

The two Democratic legislators who have filed are Jim Kastama, a state senator from Puyallup who chairs the Economic Development, Trade and Innovation Committee (EDTI), and Rep. Zack Hudgins, a former employee of both Amazon and Microsoft.

 

The lone Republican in the race, and the first of any of the hopefuls to announce, is Kim Wyman, protégé of outgoing Secretary of State Sam Reed for a decade in the Thurston County assessor's office before being elected to replace him eight years ago when Reed decided to seek the state office.

 

Wyman notes that she has "already demonstrated the ability to perform the functions of the Secretary of State's position, like elections supervision and business filings, at the county level." She, of course, has the endorsement from Reed to replace him.

 

If the others of both parties hoping to succeed Reed were taken aback by the prospect of campaigning against Nickels, many Seattleites who were hoping he would seek to reclaim the mayor's job in 2013 were surprised and disappointed.

 

There was a sense on the part of business leaders and others that Nickels, who actually finished third in the 2009 primary, was merely supposed to be getting a signal from many who wished to send him a message about a perceived arrogance, not oust him from the job.

 

For those, who had no interest in having Mike McGinn as mayor but didn't care for businessman Joe Mallahan, it was an interesting lesson in not wasting your vote to send messages. So as McGinn's relations with the City Council, the governor and the business community have soured, many took to referring to him as "the accidental mayor" and were awaiting Nickels' effort to win back the office.

 

Nickels, 56, admitted in our telephone conversation that "in the back of my mind there is a sense of some unfinished business" for the job he held for two terms. "But it's time for me and for the city to move on."

 

Since being rejected by the voters, which Nickels describes as "a very humbling experience that gives you a different perspective on things," he has had a teaching fellowship at Harvard, served as a public delegate to the United Nations and traveled to the Ukraine to advise mayors there.

 

He describes those experiences as "two years of experimenting" to determine what he'd do next. Now, he says, the role of Secretary of State would be "a logical continuation" of his 35-year love affair with public service.

 

Wyman, who says she expects a number of other candidates to emerge before the filing period begins in June, has already visited 15 counties around the state and is "starting to build" a strong campaign team. She has so far raised about $25,000, noting that "as you get into races down the ballot, it's much harder to raise money."

 

Drew became the first Democrat in memory to be elected to her east King County seat in 1992, unseating eventual GOP gubernatorial candidate Dino Rossi before losing to him four years later. She has since been involved in higher education at the UW Bothell campus, wrote the state's ethics law, worked closely with tribes and been involved in governmental reforms efforts.

 

Drew offers frankly: "I think I will have a lot of support from women."

 

The two Democratic legislators, Kastama and Hudgins, would have expected to draw from a traditional base of financial support for Democrats in a down-ballot contest that stands to draw less attention than the high-visibility race for the open gubernatorial seat, for president, U.S. Senate and congressional races.

 

Nickels, whose entry will change that fund-raising dynamic, addresses in advance what's likely to be a key political shot others take at him, saying "I'm not looking at this as a stepping stone to any other office."

 

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Candidates should be pressed to assume responsibility for political attack ads

You didn't need to be a fan of Newt Gingrich to feel bad for the guy because of all the political dirt dumped on him during the Iowa-caucuses campaign. And you didn't need to be a foe of Mitt Romney, who finished at the top in Iowa Tuesday, to find his avoidance of responsibility for the deluge of attack ads aimed at Gingrich distasteful.

 

And you don't need to be a schooled political observer to sense that the Iowa mess was only the undesirable opening salvo of what is likely to be a dirt-encrusted presidential campaign over the coming months, particularly once we enter the general-election phase.

 

So to the electoral masses, Iowa likely brought a new level of disgust with the way politics has come to be defined, and the hunger for something, and someones, different.

 

As far as national-level politics goes, we can't do much other than try to tune out the flood of campaign diatribe. But perhaps influentials of both parties in Washington State, who desire a more refreshing odor from the political campaigns at the state level, can force a cleaner conduct on candidates in the most important Washington State race this year.

 

We're referring, of course, to the race for Washington governor, where Republican Atty. Gen. Rob McKenna and Congressman Jay Inslee, a Democrat, face free rides to their parties' nominations to engage each other in the November General Election. Gov. Chris Gregoire isn't running for re-election and possible competitors for either party's nomination have been dissuaded from fouling the political fray with competition.

 

 So the looming one-on-one battle in this state threatens to unfold as a long and tedious campaign marked by extensive negative messaging. That's an eventuality that none of the many citizens already disgusted with the national political process should need to endure in Washington.

 

The way attack advertising has evolved is that it's carried out by organizations supportive of, but not directly tied to, a candidate. That allows the candidates to vow that they are going to wage a clean campaign knowing that such supporting organizations will carry the trash.

 

And the media outlets have done poorly in pressing candidates to take a position of agreeing with or disavowing negative comments about their opponents. It's not that difficult to say to a candidate at a press conference: "we know this was not a message directly from your campaign organization, but you must agree or disagree with it."

 

Perhaps the simplest expectation is one the iconic William Rucklshaus, in a must-read op-ed piece in Sunday's Seattle Times, listed among the things we need to insist on from our political candidates: "Tell us why we should vote for you, not what's wrong with your opponent."

 

The challenge of asking candidates to step out of the mud hole in which many now operate during campaigns is that people other than the candidates increasingly are the conveyors of negative messages while the candidates themselves pretend they're cloaked in campaign purity.

 

That problem is growing worse as social media becomes more pervasive. And, in fact, with no way to control the over-the-top negativity, frequently false, of bloggers and the like, any idea for positive change in how candidates campaign may be a waste of time.

 

Nevertheless, here's a New Year idea that could at least minimize the negative campaigning that many fear may lie ahead in the Washington governor's race. And it's an idea that only one of the candidates needs to endorse since one doing so would pretty much force the other to also agree to go along.

 

The idea is that the gubernatorial candidates agree that when any negative advertising is aired or disseminated, they will say either that they say either "I agree with that," or "I don't agree with that." No responses like "I don't really have an opinion on that" should be left unchallenged.

 

This isn't to elicit a promise to run a clean campaign. Every candidate promises that now. Rather it's pressing for a promise from each candidate to take responsibility for all messaging on their behalf. 

 

Such a small step could make negative campaigning more uncomfortable for candidates. And that would represent a long step toward Ruckelshaus' vision of candidates spending time talking about themselves rather than their opponents.

 

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Ex-congressman Baird's ethics quest could gain national focus after 60 Minutes probe

Former Washington Congressman Brian Baird's long quest to bring a small note of integrity to the dysfunctional legislative body from which he retired a year ago has finally, with a 60 Minutes episode titled "Honest Graft," gotten a bit of national visibility for an idea whose time has long since come.

 

And it's possible that, as irate citizens across the country seek ways to express their frustration at the implications of the abject failure of the so-called supercommittee to come up with any agreement, Baird's idea may become a focal point for citizen action.

 

During the last three of his six terms representing the state's 3rd District, Democrat Baird sought unsuccessfully to pass, or even just gather support for, what he called the Stock Act. It would have barred members of Congress from doing stock transactions in areas they regulate, in essence, prohibiting their investing in a manner that those in the real world call Insider Trading.

 

For ordinary citizens, reaction to Baird's proposal would be a laughable "well, of course." But in a place whose mantra is "the rules we make for you don't apply to us," seeking to force action by the lawmakers on one small, self-imposed ethical constraint could become a rallying point for a fed-up public.

 

The thrust of the CBS segment that aired this month is that lawmakers often do make stock purchases and trades in the very fields they regulate. While ordinary citizens could be jailed for engaging in the kind of investment shenanigans that those in Congress involve themselves in, there's not even an ethical concern among lawmakers.

 

Baird may be able to gain far more visibility as a former lawmaker than he could as a member of Congress and the hope has to be that this first shot across the bow of Congress will echo down the months of the coming election year.

 

And a sure way to take this worthwhile campaign viral is to share in every possible social-media fashion 60 Minutes reporter Steve Croft's questioning of current House Speaker John Boehner and former Speaker Nancy Pelosi at their respective news conferences.

 

For viewers of the ineptitude with which both Boehner and Pelosi tried to answer Croft's questions about whether their investment practices were at least conflicts of interest, the thought that had to occur was "Who elects these people?" The answer, unfortunately, is people like us elect them. Shame on us.

 

Boehner, for example, bought a bunch of health-care-related stock during the health-care reform debate of 2009. And when Boehner's efforts to kill the so called "public option" succeeded, those stocks skyrocketed.

 

Pelosi, meanwhile, had gotten in on a series of lucrative stock Initial Public Offerings. One of those involved an enormous number of Visa shares that Pelosi purchased while she was working on legislation that would have hurt credit card companies. Two days after purchasing the stock at $44 a share, and after the bill was put on long-term hold, Pelosi's stock shot up to $64 a share.

 

Ideally, members of Congress will be pressed, in any news conference or appearance before business organizations or other groups in the coming election season, to explain why they fail to support the legislative concept for which Baird sought support in Congress.

 

Fortunately, Pelosi's struggles with the simple task of answering a question from the 60 Minutes reporter have become pervasive on YouTube, and should remain so down through election year as a backdrop to those questions posed to members of Congress seeking to stay in office. It should be watched by millions, and shared with millions more.

 

At a time when we're already dealing with "pledges" from candidates for political office, a much more logical pledge to press upon candidates than a no-taxes pact is: "Will you support the current version of Stock Act legislation in the House next year?"

 

And no candidate forsaking Congress for a run for state office should escape being forced to explain to their hoped-for statewide constituency why they lacked an interest in imposing ethical conduct at the most basic level on their fellow lawmakers and themselves by supporting Baird's efforts.

 

In this state, that would mean the question would be posed to Rep. Jay Inslee, who is running for governor. And why shouldn't he be pressed to answer that question? Hopefully, it will be posed early on in the campaign. 

 

Baird's 3rd District successor, Republican Jaime Herrera Beutler, announced earlier this month that she is signing on as a co-sponsor of a bill similar to Baird's plan, this one called "Stop Trading on Congressional Knowledge Act," sponsored by Minnesota Democrat Timothy Welz.

 

A total of 92 lawmakers have signed on as co-sponsors, including Washington Democrats Rick Larsen and Jim McDermott, though not Inslee.

 

But those wise in the way Congress works, or more accurately doesn't work, will note that the bill was assigned by House Leadership to the Subcommittee on the Constitution, about as distant from a subcommittee that has anything to do with ethics, finances or investments as they could get.

 

Howard Schultz' quixotic appeal to CEOs to halt donations to re-election campaigns of members of Congress because of their inability to progress beyond stalemate is a bit impractical because only candidates that CEO types contribute to would be impacted. Candidates supported by groups like unions and trial attorneys would actually benefit if Schultz' call drew CEO response.

 

But a call for denying donations to any member of Congress who doesn't pledge to support the specific legislation that Baird long championed might have a whole different outcome in terms of response from those seeking to remain in Congress. And since the demand for such a pledge would be coming from Democrat and Republican voters alike, it might be the seed that could grow into a renewed sense that there are things that those from all parts of the political spectrum can actually agree upon.

 

And it would thus represent a small step toward acceptability for a legislative body that badly needs to be viewed by the American public as not just trustworthy, but simply relevant.

 

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Once-obscure political race in Moses Lake takes on new import for area's economy

The political struggle in Moses Lake over the cost and management of its irrigation district is a microcosm of the conflict going on in cities, towns and taxing districts across the country between supporters of growth and progress, and those who seek to constrain government and contain spending

 

But because major companies have begun to focus attention on the area due to things like transportation access, cheap electric rates and low property costs, economic development opportunities are now on the minds of community leaders. Thus the obscure political contest has taken on new importance for the region's 45,000 residents.

 

The climax of the battle for the political affections of the owners of the 9,000 parcels of property in the Moses Lake Irrigation and Reclamation District has become, for the past couple of years, the ironically timed Christmas-season election for a seat on the district's three-member board.

 

The annual mid-December election had drawn little attention, despite the importance of the district's work in the clean-up of the 6,500-acre lake, until a year ago when two prominent local political types ran against each other to claim an open seat.

 

Ron Covey, 64, Moses Lake city councilman for 14 years, including six as mayor, sought to fill the seat to ensure continuation of the district's dredging and environmental clean-up, and the $1 per $1,000 property tax to fund the irrigation district's $1.5 million annual budget. Covey is also the current president of the Grant County Economic Development Council.

 

Mick Hansen, 71, a former Democratic state representative whose uncle and aunt were both state senators from the region, sought the board seat, arguing that the property-tax could be cut in half and questioned the importance of some of the clean-up projects.

 

The outcome of the race was important to the future of the district because if Covey won, as he did, barely, in a race where the approximately 11,000 votes cast represented a turnout about 10 times the norm, it would ensure a 2-1 majority supportive of current district funding and direction.

 

The election-night results gave Covey a 61-39 percent edge. But that majority had shrunk to 2 percent by the time absentee ballots, assumed to have been largely retirees wintering elsewhere or elderly residents, were counted.

 

A Hansen victory would have created a board majority focused on a hard look at both the board's direction and the operations of its full-time director, hired in 2007, and the staff.

Hansen is running again this year, challenging an incumbent board member.

 

The evidence of no love lost between Covey and Hansen was Columbia Basin Herald business reporter Lynne Lynch's quote of Covey during an appearance in last year's race, when he said he would not "cut the budget and gut the lake." He also suggested Hansen would bring "arrogant, ill-conceived good ole boy ideas."

 

The district's activities focus on the environmental challenges the lake has faced. More than 50,000 cubic yards of sediment accumulation annually have clogged channels on the lake, degraded water quality and led to excess plant growth, which district clean-up and dredging efforts have sought to counteract.

 

Now Moses Lake and surrounding Grant County have begun to attract economic-development attention from after almost half a century of struggling to survive and grow following the early '60s closure of Larson Air Force Base, which had been the justification for the community's existence.

 

And that increased attention has brought considerable focus on the lake itself as part of the appeal of the area to real and prospective new residents and businesses.

 

The new-found attention has included BMW, lured to Moses Lake by low-cost and sustainable power, to create a new plant in a joint venture with SGL Automotive Carbon Fibers where parts for the automaker's new high-tech electric car will be manufactured. Plus nearby Quincy has attracted datacenter developments, including Microsoft's new, fully modular center, as well as other like Yahoo and Sabey Corp.

 

Inexpensive power is a key lure. But former Washington Gov. Mike Lowry, who has both business and non-profit involvements in the Moses Lake area, sees "a lot of positive business factors at work" in the area,

 

"From foreign-trade zone, to all modes of transportation, and low electric rates, relatively low property costs, good workforce and good regulatory climate in the local government, there's real economy-development appeal at work there," Lowry said, adding that the lake itself is a vital aspect of the region's appeal.

 

Pat Jones, new executive director of the Port of Moses Lake, puts it this way: "The lake is an important part of the community at a lot of different levels."

 

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Crowd funding for start-up companies is an idea that concerns angel investors

A year ago Congress had to be talked out of doubling the amount of wealth required for individuals to invest in start-up companies. Now the lawmakers are considering the idea of removing basically all qualifications so that crowds of small investors might provide capital for entrepreneurial ventures.

 

What has stirred support among lawmakers and others for using the Internet and social media for crowd-fund investing is the challenge faced by many start-up companies to find funding in this struggling economy and the promise of the jobs such companies could create.

 

It was angel-investor groups who convinced Congress of the potential disaster for start-up companies in a provision that, for a time, was included in the so-called Dodd-Frank bill passed last year. The provision would have doubled the assets required for an investor to be "qualified."

 

It wasn't that difficult to make the obvious case to lawmakers to kill that section before a vote on the Dodd-Frank bill, since most lawmakers hadn't even been aware it was in the bill.

 

Now angel-group leaders are raising an alarm about the implications of the crowd-funding idea. But they may face a greater challenge because of the arguments of supporters, which include not just key lawmakers but the Obama Administration as well.

 

The proposal, which has already had a hearing in the House, is to allow exemption from SEC registration requirements for those trying to raise up to $5 million. As with a similar effort to tone down requirements for small public companies, the goal is to find new job-creation engines.

 

A high-visibility proponent of crowd-fund investing is an evangelical entrepreneur named Sherwood Neise of Miami, who told a Congressional subcommittee a couple of weeks ago that crowd funding could bring in as much as $500 million and lead to creation of 1.5 million new jobs over the next five years.

 
 

 

"What we are proposing is a jobs initiative that everyone should like since small businesses and entrepreneurs are the long-term engines of our economy," Neise said. "However, they need capital to grow and that has dried up since the 2008 financial meltdown."

 

Comments like that resonate with many, including the Obama Administration.

 

But not everyone likes his plan, specifically leaders of angel-investor groups, a number of whom I traded e-mails with to seek their thoughts. Angels have traditionally been the sources of capital for entrepreneur and start-up companies that need funding beyond what's called the "friends and family" initial source of money.

 

Bill Payne, viewed by many as the dean of angel investors, says "I find Neise's claims laughable," offering statistics that could cause pause if they reach the same ears as those who heard Neise's pitch.

 

Payne noted that Kauffman Foundation statistics suggest that about $100 billion from all sources, angels and VCs and friends and family, flows into start-up companies and they create 3 million new jobs a year.

 

"That computes to $33,333 per job," Payne said. "Now along comes Mr. Neise claiming that his idea would create jobs for $333 each. Are you kidding me?"

 

 


Payne, who has been an angel investor in a number of startups in the Northwest and elsewhere, added: "It's very simple from where I sit: I am not in favor of any investment vehicle that allows unaccredited investors to fund startup companies.  It is very high risk and the invested dollars are totally illiquid." 

 

Tom Simpson, who guided one of the Northwest's most successful venture-capital firms and now oversees a couple of angel-investor groups in Spokane, said it's important for "faster, cheaper and easier processes to attract investors to both young private and public companies."

 
 

 

But he said "any new regulations or processes to reduce the time and cost of raising money still need to provide prospective investors with sufficient product, market and management information, comprehensive financial data and specific risk factors to make an educated, informed investment decision."

 

Villette Nolon, chair of the Seattle-based women-angel group Seraphs and founder of the internet-based business Homesavvi.com, says that "while the intent of this idea is good, the outcomes would be disastrous."

 

"Legitimate businesses who would try this route would be extremely disappointed in the result, as truly sophisticated investors are highly unlikely to fund companies sight unseen, even at low amounts," she said. "That leaves only speculators who would be attracted by the idea of making a quick buck, and who could get very, very burned."

 

Gary Ritner, founder and heads the Seattle-based Puget Sound Venture Club, says the $10,000 proposed as maximum investment by a crowd-source investor "is too small" and the $5 million proposed maximum for the entrepreneurial startup "is too large, and not necessary."

 

But he added "we have to get capital flowing and, in concept, I like the idea of crowd funding."

 

Perhaps the major concern shared by angel investors and others is that a backlash could occur down the road if Congress hears of abuses and horror stories and decides crowd funding was a bad idea and things need to be made tighter to protect investors.

 

The concern is summed up by one who noted that "when the pendulum swings back, lawmakers always have it swing too far."

 

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Support grows for proposals to create jobs by easing some of investor protections

The mounting pressure on Congress and the Obama Administration to find some job-creating ideas to jumpstart the ailing economy is stirring growing interest in a couple of Congressional proposals that would lessen investor protections for the sake of allowing businesses more growth opportunities.

 

One proposal, already filed as a House bill by Rep. Ben Quayle, R-AZ, with the intent of accelerating the growth of younger companies, would suspend for most newly public companies what many view as a costly and troublesome provision of the Sarbanes-Oxley Act.

 

Quayle's proposal would allow a much greater number of public companies to opt out of Sarbanes Oxley Section 404, which requires public companies to disclose the scope and adequacy of their internal-controls structure. The measure would raise the current $75 million market-value threshold for reporting to $1 billion.

 

The other proposal would help entrepreneurial and start-up companies, many currently  hamstrung in their ability to attract growth capital, to reach large numbers of investors for limited amounts of money via the internet in what's being called crowd-fund investing.

 

The proposals have come to center stage only in the last couple of weeks. And each has attracted growing support from those who contend the measures are vital to the goal of job creation. And each is also starting to stir opposition from those who question the idea of setting aside shareholder and investor protections.

 

Each proposal merits an in-depth look and thus in this first of two columns we'll examine the discussions surrounding Quayle's bill, the support being gathered for it and the comments of those expressing concerns.

 

Next week's column will focus on the crowd-funding proposal, including a look at those backing it and the concern it is stirring from many angel-investor leaders, particularly those up and down the West Coast.

 

Quayle's bill would allow public companies with market valuations below $1 billion to opt out of Sarbanes-Oxley Section 404 for the first 10 years after going public. The original Sarbanes-Oxley Act was amended in last year's Dodd-Frank Wall Street Protection and Consumer Protection Act to create the under-$75 million exemption.

 

Quayle and supporters of his measure, including the entrepreneur-focused Kauffman Foundation, contend that the costs for complying with the requirements of this section of Sarbanes-Oxley can exceed $1 million for new companies and can cost them up to $20 million in loss of valuation.

 

Quayle's measure is close to a plan outlined by the Kauffman Foundation a few months ago as "a set of non-partisan ideas to jump-start the ailing U.S. economy and increase job creation by accelerating the growth of startups and young businesses."

 

Kauffman, the nation's largest non-profit foundation focused on entrepreneurs, noted that the role high-growth startups play is vital to assure U.S. economic strength.

 

"Virtually all of the growth in U.S. jobs has been driven by the formation of firms less than five years old, and these new firms have been disproportionately responsible for commercializing the cutting-edge innovations that characterize modern life," the Foundation said.

 

"I believe this bill is an important step as we  try to increase the number of companies that go public in the United States," said Robert Litan, Kauffman's vice president for research and policy. "The ability to raise capital in public markets will be essential as new companies create the jobs required to put Americans back to work."

 

One of the most pervasively visible proponents of both lowering the regulatory barriers for newly public companies and the proposal for crowd-fund investing is a Miami, FL, entrepreneur named Sherwood Neise, who has testified before Congress about both. He was co-founder of a company called Flavorx, which added flavors to medicine, that went public and was later sold.

 

In 2006, he was among those decrying what he called the "unintended consequences of Sarbanes-Oxley on small businesses," saying that meeting 404's requirements "ate up 14 percent of our net income."

 

But among those urging caution is former SEC Chief Accountant Lynn E. Turner, who said in an e-mail that contained the subject line "Short Memories:" "Clearly people have forgotten the hundreds of billions in dollars of losses investors suffered during the corporate financial reporting frauds, and the tens of thousands of jobs lost."

 

Neil McReynolds, a corporate-governance consultant in Seattle, said that while the original Sarbanes-Oxley requirements created some real cost and regulatory problems for smaller public companies, the changes brought about by the Dodd-Frank bill corrected some of those.

 

McReynolds, who has been a member of a number of boards of private companies and consulted with boards of public companies, said that while extending the exemption to $75 million cap companies, as Dodd-Frank did, made sense, "extending the exemption to $1 billion companies may be a bit of a stretch." He added that "there's still value in disclosure and internal controls."

 

Sharon Philpott, managing partner of national accounting firm BDO's Seattle practice, agreed, saying her firm supports the positions of the CFA Institute, Center for Quality Audit and the Council of Institutional Investors, who have all urged caution against further exemptions from Sarbanes-Oxley.

 

In the end, success or failure of expanding the exemption for internal controls may hinge on whether the pressure for jobs trumps the pressure to protect shareholders and investors.

 

 

 

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