“Warren Buffett and our Regional Building Dept.,” The Colorado Springs Business Journal, March 16 - 22, 2012, 17.

BUFFETT WEIGHS IN ON POLITICS

Warren Buffett is super-rich, one of our American billionaires who is ready to leave the stage. As he’s planning to depart, he has given the Melinda and Bill Gates Foundation the responsibility of disposing of his billions for good causes. Delegating is an art, not a science, and Buffett seems to be masterful at finding expertise where he needs it.

So why weigh in on political issues? Why make headlines about paying a tax rate lower than his secretary? Why go public with what seems to be his private business? Why expose himself in a way that the millionaire Mitt Romney has shunned for months?

Perhaps the master investor has figured out that presidential election are more of a side-show at best, and at worst a way to expose the ugliest of what our country stands for, with mud-slinging and unfounded accusations, appeals to religion rather than the Constitution, and overblown concerns with abortion rather than health care reforms.

Perhaps he’s figured out that presidents come and go, maintaining a status-quo set up by a huge D.C. bureaucracy that runs its own course. Presidents—Republicans and Democrats alike—end up powerless against Congress. There is a reason why Congress’ approval rating is so low that in some polls it’s in single digits: it has become a dysfunctional institution.

So, Buffett sent out a letter offering his “Congressional Reform Act of 2011.” It’s fairly simple, and if implemented could change the course of American politics, bringing it back to the vision of the Founders who believed that representatives should meet for short periods of time annually to legislate. Here’s Buffett’s agenda:

“1. No Tenure/No Pension. A Congressman collects a salary while in office and receives no pay when they are out of office.

2. Congress (past, present & future) participates in Social Security. All funds in the Congressional retirement fund move to the Social Security system immediately. All future funds flow into the Social Security system, and Congress participates with the American people. It may not be used for any other purpose.

3. Congress can purchase their own retirement plan, just as all Americans do.

4. Congress will no longer vote themselves a pay raise. Congressional pay will rise by the lower of CPI or 3%.

5. Congress loses their current health care system and participates in the same health care system as the American people.

6. Congress must equally abide by all laws they impose on the American people.

7. All contracts with past and present Congressmen are void effective 1/1/12. The American people did not make this contract with Congressmen. Congressmen made all these contracts for themselves. Serving in Congress is an honor, not a career. The Founding Fathers envisioned citizen legislators, so ours should serve their term’s, then go home and back to work.”

Straightforward as this seems, no ground-swell support is seen anywhere. We grumble and complain, despise our professional politicians for the special conditions of their employment, health care, and their retirement benefits, but they snub us all, remaining detached from the constituents they are supposed to represent.

Moving from the national level to the local, one wonders why our local millionaires—and there are quite a few of them here—aren’t as outraged as Buffett or as forthcoming with suggestions to reform our local political bastions of power—bureaucracies without supervision. Some do get involved, but not enough.

RBD’s leadership, Sharon Brown, chairwoman of the commissioners and Fountain City Councilwoman, vice chairman Dennis Hisey who is El Paso County Commissioner, and Bernie Herpin who is CS Councilman, has refused to respond to the questions posed in writing on 1/12/12 and published in the CSBJ on 2/17/12.

Obviously RBD is not accountable to anyone. Its organizational chart is still a secret only these commissioners know but refuse to divulge to the public. And here we are, trying to lure businesses to our town, but they won’t be able to refurbish spaces or pull permits because the commissioners won’t let them know who they should approach. Maybe a contractor will whisper the secret to their ears (for a fee), maybe not.

Unlike the RBD, and for that matter MHS and CSU, the Fire Chief decided to put together a task force to find “Business/Broker Solutions for 2012.” Chief Brown and Fire Marshal Lacey are trying to be business-friendly, forward-looking. Two RBD representatives were at the first meeting—nice and conscientious individuals who care about the city but remain politically powerless.

It’s not that RBD employees are not wonderful professionals who want to do the right thing; it’s that their bosses are unresponsive to the public, careless at best and negligent at worst, snubbing the same public these employees are trying to serve.

Raphael Sassower is professor of philosophy at UCCS who is still waiting to hear back from RBD’s three commissioners. He can be reached at rsassower@gmail.com See previous articles at sassower.blogspot.com

“Who’s in charge at the Regional Building Department?,” The Colorado Springs Business Journal, February 17 - 23, 2012, 21.

RBD: WHO’S IN CHARGE?

On January 12^th, these questions were e-mailed to Sharon L. Brown, the Chairwoman of the Board of Commissioners of the Pikes Peak Regional Building Department:

“1. What is the role of the RBD's board and why is it constituted in the way it is?

2. What is your role as the chair of that board?

3. What authority do you or your board have regarding policy and personnel (can you fire anyone?)?

4. What is the organizational chart of RBD and where can it be found?

5. What was the 2011 and is 2012 RBD's budget and where can it be found?

6. What specific decisions/goals have you set up for RBD for 2012?

7. What annual review process have you instituted for all RBD's personnel?

8. What complaints have you had to deal with regarding RBD or any of its personnel?

9. How have you changed RBD's culture, if at all, to make it business-friendly?

10. If developers feel treated unfairly in the application of the code or any part thereof, what appeal process is in place to give them a fair hearing or variance?”

None of these questions have been answered as we go to print, even though the Chairwoman asked for them in writing, rather than being interviewed. Now that they are public, would anyone please answer them?

Over the past fifteen years I have been involved in a few downtown developments, some fairly complex. The licensed contractors and sub-contractors, as part of their competitive bids, ensured me that they had a “good relation” with RBD and its inspectors. It’s almost a pre-requisite to be able to complete a project in this town. Should it be?

After the advancement of the European Enlightenment movement in the eighteenth century, nation-states came into being. Part of their success depended on their rule of law and its administration. By the nineteenth century, political philosophers and sociologists wrote about the virtue of bureaucracies. Yes, their virtues!

The main virtue is that the arbitrary rule of a despot or feudal lord was replaced with a bureaucrat who followed the rule of law and administered the duties of the position with fairness. Fairness is defined in terms of treating everyone equally, regardless of wealth or power.

For example, no matter if you are rich or poor, you must stand in line at the Department of Motor Vehicle and wait your turn. You are given the same quick eye exam, the same camera takes your picture, and you receive a driver’s license that is good for the same length of time. You pay the same fee. No, you can’t send your secretary to take care of this task.

Most of us resent bureaucracies for a variety of reasons. They are faceless monoliths whose members exert disproportionate power without being challenged. Paperwork gets lost, responses to inquiries take weeks, and when anything goes wrong, no one is responsible.

Franz Kafka was right. In a series of books, The Penal Colony (1919), The Trial (1925), and The Castle (1926), he dramatized encounters citizens have with bureaucracies. The faceless bureaucrat simply follows orders, as if decisions are always made elsewhere, and no one knows who is ultimately making them. Any reproach is dismissed as paranoia, and any problem is portrayed as the fault of the simple-minded, know-nothing citizen. Rules are being enforced arbitrarily, and no appeal is ever granted. Alone and confused, the citizen has no choice but to cave, grovel, bribe, or commit suicide. As we say: you can’t fight city hall.

So, the fair bureaucracy has become unfair. From equally protecting the rights of citizens, it has become a fearsome force of nature. Can capitalism reverse this transformation? Wealthy media owners have tried to do this for decades, holding the feet of powerful bureaucrats to the fire. But, unless you are Hearst or Murdoch, you don’t have the financial leverage to fight city hall. As dailies close or consolidate, they have become less aggressive in pursuing corruption or callous disregard to the plight of the individual.

Does capitalism have another weapon to fight bureaucracies? Wealthy citizens buy favor with bureaucrats rather than with bureaucracies, as the latest Supreme Court decision Citizens United v. Federal Election Commission (2010) is being played out in super PACS. Millions of dollars buy access to decision-makers: politicians who lead large bureaucracies all of a sudden court the favor of rich people. Would they become more responsive? Would they force their bureaucrats to be friendly and helpful, responsive and flexible? The jury is still out.

One still wonders who runs the RBD, the most important obstacle to any renovation or development in this region. Nothing has changed since the 1920s of Kafka, except that this bureaucracy uses English rather than German. Who is in charge there?  

Raphael Sassower is professor of philosophy at UCCS. He can be reached at rsassower@gmail.com Previous articles can be found at sassower.blogspot.com