A Modest Defense of Nepotism

Jeff Bull

With word of now-former Rep. Kelly Wirth's (D-Corvallis) use/abuse of her staffing budget to pay her mother a salary - and to give her and a few others raises during Wirth's final flame-out - there are some noises, namely on the front page of today's Oregonian, about clamping down on staffing nepotism.

Running under the headline, "State lets legislators hire at will," The Oregonian's piece both highlights the regular presence of family on public official's payroll as well as running (in the print edition, anyway) some comments from lawmakers in defense of the practice. By way of bonus, they also include the particularly egregious case of Rep. Billl Garrard's (R-Klamath Falls) somehow working for her husband's constituents out of Las Vegas, NV.

I dunno. Maybe I'm weird here, but, provided the public can see who they're hiring and what those hires are earning - in other words, so long as it's reported and readily available and The Oregonian's reporting suggests it is - why not leave it up to lawmakers to decide whom to hire, employ and fire and to live with whatever scrutiny follows? In other words, why go through the hassle of formulating rules that run the clear risk of being more trouble than they're worth?

The answer appears, I suppose, in this quote by Senator Rick Metsger (D-Welches); here's what he said, prefaced with some of the Oregonian's context:

"Some lawmakers who have not hired family members say they would be more comfortable with the practice if the Legislature adopted guidelines so an individual legislator doesn't have unchecked authority over a parent or spouse on the public payroll."

"'I don't like the idea, if I'm controlling their working conditions and their salary,' said Sen. Rick Metsger, D-Welches. 'I think that's bad in business, because what happens if they're not performing?'"

I guess I'd respond that the people we elect to run the state are, presumably, big boys and girls; if they've got lazy Uncle Earl on the payroll, it may be that they can't be trusted to handle questions of governance. Even as The Oregonian's piece notes that "[legislative staffers] do not have to submit time cards or any evidence that they actually work," I guess I'm OK with that. In some ways, the way a given representative runs his or her office tells the voters one more useful thing regarding their competence. And so long as they keep up to the satisfaction of their constituents, I don't see a need to impose rules on how they run their offices.

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    Hmmmm.... I do think there are basic moral and ethical guidelines that should be followed -- we shouldn't expect voters to pay attention to every detail of the internal operations of legislators. Basically, this argument suggests that the media and political opponents ought to be the enforcement agencies; not a legislative ethics committee or outside ethics body.

    That said, right here in Oregon, we have an example of a congressman who started dating his chief of staff and gave her $20,000 in raises over the course of eight weeks - and then married her. (You see, members of congress can't hire family, but they can marry staff. They just can't give 'em pay raises beyond inflation once they've done so.) That was Congressman Jim Bunn, and his political career exploded when the voters found out about it.

  • Tom Civiletti (unverified)
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    I'm with Jeff on this, for several reasons:

    • The amount of money spent per legislator [salary, per diem, and staff and office expenses are quite modest. Much misallocation of these funds would paralyze the ability of the legislator to function, and besides, there are just not that many public dollars at risk.

    • The workforce is small enough and the situation close enough to the legislator that the voters can hold her responsible.

    • Legislative pay is so low that hiring family is the only way some Senators and Representatives can make ends meet.

    • In some cases, legislative aids play important decision making as well as organizational functions. Often the only way a legislator can get someone they can trust with this at the modest salary available is to depend on a friend or family member.

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    As Tom says this is all tied up in low salaries, but also with this crazy 7 months every other year. If you don't live close by you end up leaving your family for months. Hiring them not only helps with the personal budget, but also with keeping the family together.

  • Tom Civiletti (unverified)
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    Another good point, John.

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    Yes, yes, of course -- we should raise legislative compensation to a reasonable level. Precisely so that we can increase the professionalism of legislators AND their staffs.

    Once we do that, THEN we should eliminate family hiring. Perhaps that's the makings of a compromise deal.

  • Legislative Assistant (unverified)
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    Between sessions, legislators receive about $33,000 for 18 months -- which boils down to about $1,846 a month for staff and supplies.

    If 100% of this money went to paying one staffer (instead of office supplies) that individual would still be making less than 25,000 dollars a year. Anyone who thinks political staffers are over paid for the work they do is clearly mentally deficient.

  • Jeff Bull (unverified)
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    Thank you anonymous "legislative staffer"....God, I love that handle...I don't doubt you work harder than I do and, nope, that ain't much of a kitty.

    So far I'm not seeing anything to get me excited about enacting limits. In some ways, it's not just the amount of money in play either. I'm not seeing any real difficulty in keeping it simple: give them money for staff allowance, even more if it makes folks happy, and let them use it at their own risk.

  • Sid Leader (unverified)
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    No lawmaker ANYWHERE should be allowed to hire relatives because... intelligence is hereditary.

    Next thing you know Jenna Bush is Secretary of Dee-Fence! Dee-Fence!

  • Jeff Bull (unverified)
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    God. My attention to detail is showing again: it was "Legislative Assistant" not "Legislative staffer." Dang it.

  • justin (unverified)
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    Oregon is essentially a $12 billion a year company. And yet we have part time people running it, with less than adequate pay.

    They make the legislature full time, and they should compensate the legislators more fairly.

  • Other Leg Staffer (unverified)
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    Just to add to what my fellow LA said above, even with the low pay, the budget was so low that a number of offices lost at least one staff member when the session entered July. Therefore, during the busiest time of the session, legislators didn't even have their full staff available.

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    Jeez...put your Mom, Dad, Wife, Kid on the public payroll --what, did they take a civil service exam?-- and its nepotism, and its wrong. Period.

    Don't make enough as a legislator? Then don't be a legislator. Don't put your dog on the payroll and call it good.

  • theanalyst (unverified)
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    The "modest defenses" of nepotism offered so far are not really defenses of nepotism, but rather excuses of questionable behavior that could be applied just as well in other situations in public service in which people aren't paid well.

    For example, we could implement nepotism throughout state government. We could say that a low-paid supervisor of clerical or student workers in a public agency should be able to hire relatives as a way of padding his or her compensation.

    Or we could permit legislators to be able to steal a certain amount of state-owned office equipment and furniture as an income supplement.

    If the disease is low pay, I proposed that the cure should not be to increase pay through unethical behavior, or to permit behavior in the legislature that is clearly forbidden to the agencies the legislature oversees.

    Mr Bull writes: " . . . provided the public can see who they're hiring and what those hires are earning . . . why not leave it up to lawmakers to decide whom to hire."

    Because the public shouldn't have to read about it in the Oregonian. They shouldn't have to wonder whether such things go on in State government. If anything, we should expect legislators to live up to an even higher standard than that imposed on State agencies.

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    Seems to me that there are two arguments being floated here:

    1. Nepotism is OK from legislators, because ultimately the voters will decide.

    2. Nepotism is OK from legislators, because it's horrible how little they're paid.

    It seems to me that #1 has some logic to it, though I disagree - I think that puts the enforcement burden on political opponents, and well, not all races are competitive.

    But #2 is just plain wrong. If legislative pay is too low, then RAISE LEGISLATIVE PAY. I recognize that it's "understandable" given the current environment, but it's flat wrong.

    Now, is it plausible that a spouse, child, or parent could be perfectly qualified to be a legislative assistant? Sure. But there are 89 other legislators that they could work for.

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    Kari--Great point. We also pay our statewide elected low salaries--my boss the Secretary of State makes one-third less than me (his deputy) and less than any of his seven division directors--but they don't get a free pass to hire family members to "make up" for this.

    When I came to Oregon in the late 80s, the practice of legislative nepotism shocked me. There was no legislative nepotism in my previous home state of Alaska, which IIRC paid its legislators about twice what Oregon legislators made at the time, but still far short of a living wage. It has amazed me that in this "good government" state, legislators hiring family members has been an accepted practice and that in my close to twenty years here this is the first time that there has been a news report about it. I am really amazed that in that time I am not aware of the practice ever being discussed in a campaign. I'd love to run for the legislature against someone whose spouse or kid was on the payroll. Of course, then I might end up in the legislature...

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    I think the idea of having family members work for another legislator is a good idea in urban areas like Portland and Salem-- there are other legislators in the area who live close enough for it to be feasible.

    But that doesn't work so well in the more rural areas.

    It may work during the Session, when both the legislator and family member would be in Salem. But during the off session, they would go back to their district pretty much full-time and then it wouldn't work anymore.

    I personally don't have a problem with family members working as LAs or staff members-- as long as they and are doing their jobs and are doing it well. It's not as if they're being hired for a job at $40K a year on the public payroll and not doing anything to earn that money. It's a job where they're lucky if they're pulling minimum wage for the number of hours they put in.

  • Penny York (unverified)
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    Nepotism in government is wrong. Hiring and supervision practices should be the same for legislators as in other public entities. Hiring should be open and based on qualifications for the job. Salaries should be related to duties and abilities and need to be consistent throughout the legislature.

    Open hiring will also create greater opportunites for individuals from diverse backgrounds to serve our government.

  • LT (unverified)
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    Personally, I think there is a case for spouses to work during legislative session--unless they have another career at home. They certainly know the district and the state legislator. They also have the tone of the legislator--from professional to downright snippy.

    But that has been an excellent idea sometimes (esp. in rural districts) and a lousy idea other times. The case could be made that one reason Victoria Doyle struck out when she ran for County Clerk is the interaction people had with her working in Dan's office. As in "we deserve (and have had all these years) better customer service and more unbiased accurate information from the County Clerk's office than we experienced from the Doyle office".

    But if it is to be a policy, it should be a written policy, not just people complaining about a tradition. And perhaps there are lots of other things that should be written policy for the legislature, like whether a person actually has to be in the capitol bldg. (or on legislative business at a hearing outside the capitol)in order to collect per diem.

  • Jeff Bull (unverified)
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    I think the funny thing to me in all this is how people use the word "nepotism." They treat it with all the hostility of a herpes rash, strongly declaiming that it's wrong, wrong, wrong, but without ever answering why that is.

    Could someone give me a simple explanation as to why nepotism is so wrong - especially keeping in mind that, so long as it's publicly acknowledged, the worst abuses ought to get corrected, as they did in Kelly Wirth's situation, or in the example Kari Chisholm cited in his irst comment.

    Some random thoughts on other bits:

    1) the analyst says "the public shouldn't have to read about it in the Oregonian." Well, why not? There's this distinct impulse in American politics of infantilizing the voting public, of talking to them like they're morons and encouraging the view that we need this perfect system to keep them safe. While I'm a firm believer in building the best "mouse-trap" possible, I've got issues with micro-managing the thing. And I view this tizzy about nepotism as a case of micro-management. The results a given legislator should speak for themselves (and, yes, not all politcal races are equal or high-toned, but I don't know how you help that); their staff is their responsibility, come hell or high water.

    2) Penny York said something I agree with - to paraphrase "the most qualified person should get the job" - but it's so divorced from reality that it's almost irrelevant. I've worked somewhere around 40+ jobs in my day and, based on that, I'd argue that hiring is one of the most hit-or-miss activities one gets in any professional setting. It's just a crap-shoot and that's that. I've survived enough job interviews to know that my pat answers yield the best results even as they're the least revelatory answers I'll give. Absent an effective process, it's a guess. You can't get around that, so why try to legislate it?

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    OK, Jeff I'll bite....

    • Nepotism is bad because it's anti-meritocratic. The public deserves the best public employees.

    • Nepotism is bad because it puts money in the pocket of the person making the hiring decision. Leading to bad hiring decisions.

    There's more but I'll let others jump in.

    I'll pose an alternative question: If nepotism is good, should we open it up to all levels of government service? After all, the governor can be held accountable for bad decisions made by bureaucrats deep in the system - the results can speak for themselves. Or is nepotism only good when its one-degree of separation from an elected official?

  • Tom Civiletti (unverified)
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    Generally, nepotism and patronage in government are not good ideas, for the many reasons that motivaed the establishment of the civil service system. There are exceptions allowed, though. Top advisors to elected officals are usually chosen by patronage, as they are seen as administrative extensions of the elected official. At times, family members are hired through patronage. I hear few objections, these days, to JFK's choice of RFK as Attorney General, although this was nepotism at the highest levels.

    I think judgement should be based on risk/benefit analysis, and not on some grand principle. Under the present circumstances I believe nepotism in the offices of legislators holds little risk to the public good and offers substantial benefit. If the amount of money and number of personnel involved were closer to that of Congressional offices, I would see the situation differently.

  • Jeff Bull (unverified)
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    Ah, that's what I'm fishing for - particularly #2. The "merit" angle is OK, but, if you've ever dealt with bureaucrats (and I have - once professionally - and now I am one) you'll know that the checks built into the current system don't produce significantly better outcomes than one gets through the vetting process at your local McDonalds. But, with the second one, that's a good point: discussing the relationship between the family members and how that produces a benefit to the "family unit," that gets into the harm it can do. In that sense, it just becomes a means to padding the family's wallet; that can be productive or not, which brings us back to the original question. If you just need someone to answer the constituents calls, or to help with mailing, what family member isn't qualified to do that? Some will, no doubt, do it better than others, but you can't legislate for that, not really.

    You can do better or worse with a relative as a sounding board - depends on your relative, I suppose - but, beyond that, there's no guarantee that a merit-based system inherently yields better results - provided, of course, no professional certifications come into play (for instance, you wouldn't hire Uncle Bubba to run the deparment of the treasury if his professional bona fides begin and end with running a gas station....nothing against gas stations mind, but you're talking about different skill sets.

    And that gets to the larger question: I'm not arguing that nepotism is good; I'm arguing that, in the case of legislative staff, it's relatively harmless. It should tend to raise eyebrows - as it's doing here - in nearly all cases. But, once you get into discussions of nepotism leading to the hiring and promotion of clearly unqualified people (think Brownie, or, say, the governor hiring his brother to run ODOT (is that even an appointment position?)) you're talking about something very different.

    For some positions, qualifications genuinely matter. For others, not so much. So, unless a legislative assistant does WAY more than I think they do, I don't see the harm in hiring family. In real terms, for instance, what's the great benefit of a bachelor's degree; for most folks, its meaningless beyond telling the people at large that you 1) can think or 2) can bullshit well enough to convince people you can think. There's nothing magical about political science degrees, to name one (or to hit where I live, a history degree), because they don't tell you all that much about the person holding it.

  • Ex-Congressional staffer (unverified)
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    Tom said:

    If the amount of money and number of personnel involved were closer to that of Congressional offices, I would see the situation differently.

    I don't know about Congressional offices around here, but I made just over $7/hour when I worked in one. Just like state legislative offices, they received a set amount that was spent on staff & such (unless it's changed in the last few years). A good number of people in the district offices ended up making less than $8/hour.

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