No Conflict in Voting for Oneself

In an earlier blog entry, I took the side of the Louisiana Board of Ethics in its dispute with the state legislature over whether it has jurisdiction over legislators who participate in debate when they have a conflict of interest. In another case, which the Board of Ethics lost on appeal, I feel the Board of Ethics was wrong, and I feel it is instructive to say why.

The matter involved two parish council members who voted for themselves for mayor pro-tem. The Board of Ethics considered this to be participation in a matter where they had a 'personal substantial economic interest' because the mayor pro-tem received $1,500 a month and other council members received only $300 a month. The state appeals court, according to an article in the Baton Rouge Advocate, found that pay for public service is not considered personal.

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I would go beyond this. Someone running for office, whether by public or board vote, should always be able to vote for himself or herself. Someone running for office should also be able to participate in debates about his or her candidacy. It is not at all the same as other conflicts of interest, because it is central to our democracy to have candidates discuss their candidacy, answer questions, question the views of other candidates. Of course, it's in their self-interest, but this is an area where self-interest and public interest are considered to be one and the same: the only goal is to be elected to serve one's constituents. Of course, it might be also to serve oneself, but to the extent that self-service is only the usual payment for one's position, it's okay.

After all, we let politicians vote on their own salaries, which is far more about self-interest. It is conceivable that an independent board could determine politicians' salaries, but I doubt you would find many paid council members willing to consider that to be in the public interest.

I would also add a limitation to the court's decision that pay for public service is not personal. This is true only to the extent it is the official's own pay. If it is the pay of someone in his family, or a business associate, then in many circumstances (such as the dispute with the state legislature) it is a different matter.