Can Burke scandal become #MeToo-like moment in fight against corruption?
In the aftermath of the criminal charges filed against Ald. Edward Burke, the candidates for mayor have presented a myriad of reform proposals aimed at addressing public corruption.
Of course, we here in Chicago know full well that scandal — and upcoming elections — can create an environment for reform. But will any of these proposals change the behavior of politicians motivated by personal benefit?
Serious reform proposals that address structural pay-to-play influences should be considered and adopted. In addition, the FBI and the U.S. attorney’s office must remain ever vigilant in investigating Chicago’s pay-to-play culture. History has shown that we can achieve some reform by periodic indictment.
But what can the rest of us do to achieve reform?
It is time that those of us who do business in this city take matters into our own collective hands. It is time for individuals and businesses who interact with our city government, particularly at the aldermanic level, to take a cue from the #MeToo movement, which has been so effective in altering the risk/reward equation for the powerful.
As a longtime resident of Chicago, and as a lawyer for more than 25 years, I have seen the pay-to-play culture of corruption in action from several angles.
As a federal prosecutor for more than a decade, I saw up close the ubiquitous pay-to-play corruption led by self-interested individuals masquerading as public servants. Some — and by no means all — elected officials were motivated, time and again, by a desire to fill their campaign coffers or to advance their private business interests or to provide employment for friends and family or to serve the financial interests of contributors.
And even when indicted, some of them brazenly persisted in their schemes.
Since that time, I also have seen another side of the corruption equation, from the perspective of the individuals and businesses who find themselves having to petition these self-dealing governmental actors.
When individuals and businesses seek to convince City Hall to make a decision that has financial consequences (such as agreeing to a zoning variance, city permit or contract) too often the decision does not turn on a good-faith, meritbased analysis by an alderman. Rather, it comes down to whether the individual or business is willing to pay the corruption tax in return.
In the case of Ald. Burke, the allegation that a powerful alderman was extorting a local business in return for the most routine government assistance was a stark reminder that Chicago’s pay-to-play culture is alive and well.
And when legitimate businesses that want to grow, creating jobs, are unwilling to pay the corruption tax, the long-term impact on the economy of Chicago is quite tangible. Good ideas don’t get fair consideration. Government functions ineffectively. Entrepreneurs and businesses become so frustrated that they ultimately take their ideas and jobs elsewhere.
And then there is the fear. Fear on the part of business owners that if they say no to the tax, they will lose the government benefit to which they are entitled. Fear that if they come forward, there will be retaliation.
The fear creates a code of silence that empowers the wrongdoers.
It is all so insidious, and it is deeply entrenched.
So how do we begin to change the culture?
The most effective weapon of reform is a business community that refuses to play the game. Now more than ever, individuals and businesses that have felt the squeeze — whether it be for a campaign contribution, a private business referral, or some other improper purpose — must come forward and tell their story to someone who can do something about it.
Go to the media, or to the city’s capable inspector general, or to the FBI. And do it today.
We are in an environment now, especially since the U.S. attorney’s office filed charges against Burke, in which those narratives will be taken more seriously.
But doesn’t coming forward with allegations of corruption take a lot of courage? Isn’t there a potential personal cost to pay?
Yes and yes.
And shouldn’t business owners be allowed to decide for themselves their timetable for coming forward, and whether the benefits are greater than the risks?
Yes and yes again.
But, as we have seen from the #MeToo movement, individual acts of courage, when collectively taken together, can profoundly reshape the culture and change the power dynamic.
Only when all the dark stories begin to come out will self-dealing elected officials change their ways. Only then will a local business owner have no reason to think twice when seeking a routine zoning change or a construction permit.
It should never be the case that you must pay a corruption tax before an alderman will allow a legitimate government benefit or service. The only question should be whether you have met the legal requirements and have a meritorious claim.
If our great city is to realize its full potential, we must abolish the corruption tax. But that won’t happen just by passing another ethics ordinance during an election cycle.
It will happen when courageous individuals and businesses take collective action. When they say, “Me, too.”
They, more than anyone else, can change the power dynamic and usher in true reform.