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Jun

12

Who Keeps Government Authority Honest?

June 12, 2007 |

An interesting article was forwarded to me from a buddy about an 18-year-old facing upwards of 7 years in jail for video taping the police during a traffic stop in Carlisle, PA. Yes, apparently filming what transpires at such times falls under the Federal (Thanks to Dave P for catching) PA wiretapping laws — e.g. recording conversations without the parties’ consent.

On one hand I am a privacy advocate, and I understand the argument — at least from the perspective of those being pulled over or being engaged by the police. And I am totally sympathetic of the plight of police in the line of duty, and supportive of the fact that police cars are equipped with video cameras and sound for recording what transpires during a stop.

Quis custodiet ipsos custodes? (Who shall watch the watchers?)

On the other hand, a few bad apples and a thin blue line loyalty-first mentality among some members of the police makes me feel a bit uneasy about such a draconian law that prohibits the private citizenry from oversight of those entrusted with the powers to police. Corruption and waste abounds in government, and absolute power clearly corrupts — that is human nature, and any American police officer is no more immune to succumbing to a self-interest first mentality than anyone else in the world. Hence, I think whatever laws should exist when it comes to privacy and wiretapping during any and all police actions should default to the rights of the private citizens. If they wish to pursue federal wiretapping charges because their rights to privacy have been violated, that is their business. But I don’t find now that such rights apply to police officers acting in the line of duty. They are public servants.

That said, I’m of the opinion that any police officer in the line of duty should have nothing to hide from the public. (Undercover officers doing investigations, etc., ought to have some exemptions, naturally…)

Absolute Power Corrupts, and So Does Government Taxing Authority

How delightful was it to have the Pennsylvania Higher Education Assistance Agency lose its battle in court to keep its own corruption secret. Yes, I will use the word corruption because their junkets, including one to one of the most expensive resorts in PA, cost nearly $900,000. These trips included perks to PHEAA Sr. staff, such as wine tastings and expensive dinners, and falconry and fly fishing lessons. There were facials and pedicures, and $490 limo rides on outlet mall shopping sprees. Then there is the $409,000 the PHEAA blew trying to keep this and info away from public scrutiny via court challenges to the freedom of information act in PA.

The mission of the PHEAA, of course, is to provide a maximum of $4000 loans to those unable to afford college. Doing the math on these expenses, notes the Tribune Review, consumed potential loans for 317 students.

Well, yes and no. Certainly the PHEAA ought to be entrusted with organizing conferences in order to improve its staff’s abilities and the agency’s services (I’ll leave their use of tax dollars for another day…), so there are expenses. But perhaps they should be using the most affordable government facilities possible and focus on the work at hand rather than entertaining their own executives in the lap of luxury.

Let the Sun Shine In!

All said, when it comes to government, its agencies and contracts, and employees, the police, etc., — they are all entrusted with the public purse and many collectivized personal liberties. Government is not subject to competition (e.g. its illegal for private carriers to deliver first class mail vs. the U.S. Post Office), and when competition is allowed, government still has first dibs on resources leaving little left for the competition to access (ala, the government school system). When government issues private contracts, often they go to those who are best able to navigate and manage the politics associated with each contract, and not necessarily with the most qualified to handle the task. Hence, government has a fiduciary liability to its citizens that should not be abused. And the only way for citizens to assure that trust is not being abused is for them to have full access to all government meetings and documents, with very few exceptions.

Yet Pennsylvania remains one of the most restrictive when it comes to the freedom of citizens and the press to access such information. This will only change if, like they did with the midnight pay raise, the voters stand up and take back their government from those who like the cover of darkness.

That said, we’re with the Tribune Review in calling for justice regarding the PHEAA waste. People should lose their jobs or be substantially demoted (although their unions will fight this tooth an nail) and payment plans should be made regarding how they will reimburse PA for their expensive tastes in entertainment.


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