http://www.heraldtribune.com/article/20141123/OPINION/311239996/2416
For 21 years, Kerry Kirschner was the executive director -- and the face and voice -- of the Argus Foundation, a private, pro-business organization whose members seek to influence public affairs.
In that role, he visited elected public officials and private-sector leaders, advocating the Argus stance on a wide range of issues and public policies -- ranging from land-use planning to consolidation of city and county government services.
Argus casts a broad net with its agenda and goal of providing "business leadership for effective community building in governance, education, economic development, environment and land planning, health and human services, and transportation."
Kirschner regularly addressed public boards on these and other topics during their meetings. He frequently wrote guest columns and letters that were published by the Herald-Tribune and other media outlets. Throughout Kirschner's tenure, there was no doubt that he would vocally and strongly advance the views of the organization and its 170 members, who pay to belong in the nonprofit group.
Kirschner joined Argus in 1994, after serving on the Sarasota City Commission from 1985 to 1991. When Kirschner was hired, Argus leaders said he understood the community and provided "expertise in local government, public affairs and public policy."
Argus recently announced that Kirschner is retiring. His replacement, Christine Robinson, also knows the community and has expertise in local government, public affairs and public policy.
Yet there is a key difference between the two hires: Kirschner was a former commissioner; Robinson intends to fulfill the two years remaining on her second term as a Sarasota County commissioner. (That term ends in 2016; because of term limits, Robinson cannot seek re-election.)
Robinson may not perform the job the same way as Kirschner did. But this history provides a frame of reference and may help explain some of the negative public reaction that has focused on whether Commissioner Robinson's job as executive director of Argus constitutes a conflict of interest.
Law and perception
Before taking the new job, Robinson sought an opinion from Stephen DeMarsh, Sarasota County's chief attorney. She asked whether holding a "part-time" post with Argus, a nonprofit corporation, would constitute a conflict of interest as defined by Florida law and interpreted by the state Commission on Ethics. In her request, Robinson stated that Argus is not doing business with the county and would not do so, but that a member of the organization's board owns a company that has a contractual relationship with the county government.
In a word, DeMarsh said "no," that Robinson is not disqualified by the law from working for Argus while serving as a county commissioner. We contacted several experts on Florida's ethics laws, and they agreed with Marsh's conclusion.
So, is there a conflict of interest that falls short of violating state statutes? Like many things in life, it's a matter of perception.
Robinson and Bill Merrill, a prominent land-use attorney and chairman of Argus, contend there is no conflict, real or perceived. They made the following points:
• Argus does not, and will not, take positions or advocate on behalf of individual members' interests.
• The County Commission job takes priority over the Argus position. Robinson will be paid $45,000 annually -- a substantial sum but less than the $135,000 Kirschner got when the job was considered full time.
• The executive director does not set policy and Robinson will not be expected to advocate in behalf of Argus policies with which she disagrees.
The latter point makes for an unusual employment arrangement between a member-driven group and its executive leader; usually, the director is expected to support the board's position publicly, or find a new job.
Room for disagreement?
In light of Robinson's general views and voting record, it's unlikely that she will have a lot of disagreements with her new employer. That said, it will be helpful if she demonstrates and articulates her independence on policy matters. How those steps could be taken is problematic, but taking them is Robinson's challenge.
Perhaps the most obvious result of Robinson's hiring is that, due to state open-government laws, the chief executive of Argus won't be able to meet with other county commissioners. Obviously, Argus didn't view that handicap as a deal breaker.
Robinson will, however, be able to meet with elected officials from other governments, as well as with groups and individuals from the private sector. In those meetings, it will be important for her to clearly indicate whether she is representing Argus or acting as a county commissioner.
Whether or not fellow elected officials and members of the public will believe that Robinson is truly separating her Argus job from her duty as a commissioner -- elected to serve a wide variety of constituencies -- is uncertain. Clearly, though, reasonable and engaged members of the community who respect Robinson's work ethic and intellect have concerns about the real and perceived impacts of this arrangement on decision-making and debate; we do too.
Some of the criticism will come from familiar, strident voices who use any opportunity to bash elected officials who support the positions of business organizations.
But, based on off-the-record discussions with a sampling of community leaders, and the views expressed on our pages, we expect Robinson to face serious challenges over her dual roles. Questions will intensify if specific Argus members are likely to benefit, directly or indirectly, from a County Commission decision -- even though Robinson casts only one of five votes.
Presented civilly, these questions are fair. We trust that Robinson and Argus will work diligently to answer them fully and openly -- while taking care to recognize the potential for conflicts, whatever their nature, and the effects of this unique relationship.
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