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A Gift of Books: Intellectual vs. Monetary Value
Wednesday, November 17th, 2010
Robert Wechsler
More from Madison. According to an
article
last month on the Channel3000.com website, a stagehands
union sent 28 copies of a book on creating and maintaining healthy arts
organizations to members of the Madison council and members of an ad hoc
committee on the future of the city's arts center. The union insists
that the books were loaned, not given,
and that the book doesn't even take a position on how to handle the
arts center. Some officials can't believe the union did this, others
think the book is really useful.
The ethics code says that no one can give any official "anything of value if it could reasonably be expected to influence the incumbent’s vote, official actions or judgment, or could reasonably be considered as a reward for any official action or inaction on her or his part."
What's interesting here is that what is of value is not the monetary value of the book, which is what the ethics code assumes, but the book's ideas, its intellectual value. This makes the book no different than, say, a position paper. The biggest difference is that the book doesn't appear to be an attempt to influence anyone's judgment, but to educate so that decisions can be made based on more knowledge.
But let's assume the book was intended to influence, that is, that the book's author is antagonistic to the idea of a city taking over an arts center that's in trouble. Giving officials something that argues this is lobbying, not gift giving. The monetary value of the physical book, whether a gift or a loan, is beside the point. Considering the book's monetary value is a technical reading of an ethics code that is, like most ethics codes and laws in general, overly focused on material value. Focusing on the book's monetary value is, however, not an appropriate approach to the situation.
It's worth noting that, according to the article, the assistant city attorney is intrigued by the issue of whether loaned books are "something of value." Loaned or given, what matters is the book's content, not its monetary value.
The other consideration here is that, since the book was given to all members, it could not be seen as a reward for action or inaction, even if you considered the book's monetary value important.
But the bottom line is that the gift or loan of the books was at worst lobbying, and at best an attempt to educate with no intent to influence. I think we should encourage citizens to educate their local officials. As a matter of fact, that's what this blog is all about.
Robert Wechsler
Director of Research-Retired, City Ethics
---
The ethics code says that no one can give any official "anything of value if it could reasonably be expected to influence the incumbent’s vote, official actions or judgment, or could reasonably be considered as a reward for any official action or inaction on her or his part."
What's interesting here is that what is of value is not the monetary value of the book, which is what the ethics code assumes, but the book's ideas, its intellectual value. This makes the book no different than, say, a position paper. The biggest difference is that the book doesn't appear to be an attempt to influence anyone's judgment, but to educate so that decisions can be made based on more knowledge.
But let's assume the book was intended to influence, that is, that the book's author is antagonistic to the idea of a city taking over an arts center that's in trouble. Giving officials something that argues this is lobbying, not gift giving. The monetary value of the physical book, whether a gift or a loan, is beside the point. Considering the book's monetary value is a technical reading of an ethics code that is, like most ethics codes and laws in general, overly focused on material value. Focusing on the book's monetary value is, however, not an appropriate approach to the situation.
It's worth noting that, according to the article, the assistant city attorney is intrigued by the issue of whether loaned books are "something of value." Loaned or given, what matters is the book's content, not its monetary value.
The other consideration here is that, since the book was given to all members, it could not be seen as a reward for action or inaction, even if you considered the book's monetary value important.
But the bottom line is that the gift or loan of the books was at worst lobbying, and at best an attempt to educate with no intent to influence. I think we should encourage citizens to educate their local officials. As a matter of fact, that's what this blog is all about.
Robert Wechsler
Director of Research-Retired, City Ethics
---
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