THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Sunday, October 27, 1996 TAG: 9610250225
SECTION: CHESAPEAKE CLIPPER PAGE: 06 EDITION: FINAL
COLUMN: ANOTHER VIEW
TYPE: Opinion
SOURCE: BY WILLIAM H. PIERCE
LENGTH: 97 lines
This letter is in response to the article by Chesapeake Mayor William E. Ward, which appeared on the editorial page of The Virginian-Pilot on Oct. 16. I trust you will treat an opposing view by a private citizen with the same consideration that was accorded Mayor Ward.
In his article, ``Conference center is needed,'' Mayor Ward severely chastised the writers and publishers of The Virginian-Pilot for a series of articles which documented how the city conducted the procurement process for this project. These articles and numerous letters to the editor of The Clipper from private citizens raised valid concerns regarding the propriety of the procurement process. However, Mayor Ward claimed that these articles were cleverly written, insinuating that the convention center was illegally and unfairly procured, that Armada/Hoffler officials somehow influenced the process to the company's benefit and that various city officials were somehow engaged in improper activities. Consequently, Mayor Ward castigated both concerned citizens and The Virginian-Pilot and implored everyone to deal with issues in a fair and responsible manner.
Mayor Ward's basic premise is that what is legal is right. Based on this premise, he justifies his tirade against anyone who questions the propriety of the convention center initiative by challenging them to prove that anyone acted illegally or improperly.
In this regard, Mayor Ward's tactics are improper and his logic flawed. Every citizen has the right not only to expect but to demand that the conduct of public business is beyond reproach. A paraphrase of Thessalonians I 5:22, a maxim long used to demand a very high standard for the conduct of public business, especially in the area of procurement, is ``avoid the very appearance of evil.'' If the spirit and intent of this guide had been employed by Chesapeake officials a question regarding the propriety of the convention center would never have been raised.
A multitude of prominent citizens in this country disagree with Mayor Ward and insist that there is a vast difference between conduct that is legal and what is ethical. Regretfully, many people used the definitions of ``legal'' or ``illegal'' as a satisfactory definition of ethical behavior. Sen. J. William Fulbright, after his subcommittee had investigated the Reconstruction Finance Corp., made the following comment on the floor of the Senate regarding their unethical conduct.
``One of the most disturbing aspects of this problem of ethical and moral conduct is the revelation that among so many influential people, morality has become identical with legality. We are certainly in a tragic plight if the accepted standard by which we measure the integrity of a man in public life is that he keep within the letter of the law.''
Sen. Paul Douglas, a member of the same subcommittee, made a similar observation.
``Veneration for the principle of government according to law has its inverse side - an erroneous assumption that what is lawful is right. Although this is an untruth that authoritarian governments of all varieties have demonstrated vividly and recently, representative governments also must be on guard lest they make the same mistake. Where discretion exists in making law, the law itself is not a sufficient guide.''
In addition, every citizen also has a right to insist that the public business is conducted in the most cost-efficient manner. Numerous citizens, regardless of political affiliation, have been outraged at the lease-purchased method of funding this project. A bad business decisions is the only way to describe this method of funding the convention center. A lease-purchase ultimately costs the taxpayers nearly three times what it should.
Here again, Mayor Ward employs the ``what is legal is right'' defense, stating ``There is no law that requires the bidding of lease arrangements, as the Virginia Procurement Statutes apply only to the purchase of goods and services.'' In a recent article in The Virginian-Pilot by Dean Stansel entitled ``Strong `defense' wins corporate-welfare sweepstakes,'' Mr. Stansel maintains that current policy decisions at all levels of government subsidize bad business decisions. He goes on to state ``Using taxpayers' money to encourage bad business decisions is an indefensible policy.''
In my opinion, the series of articles in The Virginian-Pilot on the convention center constitute a masterful piece of investigative reporting. Due to the thoroughness of the reporters' research, little known facts regarding the procurement process were identified. For example, the fact that Mr. Thomas J. Lyons Jr., owner of the Holiday Inn Chesapeake, who had an option to buy the lot where the conference center will go and who stood to make money on the deal, backed out because he was convinced there was an appearance of a conflict of interest. The seriousness of Mr. Lyons' concerns were never addressed publicly by Chesapeake officials.
Consequently, Mayor Ward rather than The Virginian-Pilot is the one who should deal with issues in a fair and responsible manner. Mayor Ward apparently embraces his ``what is legal is right'' philosophy is all facets of the political arena. For example, during his 1996 re-election campaign, Mayor Ward's Candidate Campaign Contributions and Expenditures Reports, which are a matter of public record, reveal that he received $71,175 in campaign contributions. The majority of these contributions came from business and special interest groups in and around Chesapeake, including a very generous $1,000 contribution from Armada/Hoffler. MEMO: Mr. Pierce, who lives on Creef Lane, was an unsuccessful candidate
for Chesapeake City Council in May. ILLUSTRATION: Photo
Pierce by CNB