New Considerations for the Public vs Private Discussion

In the past I wrote about the importance of privacy in our politics from the point of view of Jonathan Rauch and his book Political Realism. We have almost no trust in government, and we frequently say things like, “sunshine is the best disinfectant,” but the reality is that politics is made much more complex when it is in the open. Difficult negotiations, compromises, and sacrifices are hard to do in open and public meetings, but can be a little easier when the cameras are turned off and political figures who disagree can have open and honest discussions without the fear of their own words and negotiations being used against them in the future.

 

In The New Localism, Bruce Katz and Jeremy Nowak acknowledge the difficulties faced by governments when open meeting laws force any discussion to be public. The laws come from a good place, but for local governments that need to move fast, make smart decisions, and negotiate with private and civic sectors to spur innovation and development, public meetings can lead to stagnation and gridlock. A solution proposed by Katz and Nowak is for local governments to authorize private corporations overseen by public bodies and boards to operate economic development areas and to take ownership of public asset management.

 

They describe how the city of Copenhagen has used this approach, “Copenhagen has found that by managing transactions through a publicly owned, privately driven corporation, operations run faster and more efficiently in comparison to how local government traditionally tackled public development projects.”

 

The private corporation running local development is publicly owned. It is still accountable to the local elected officials who are ultimately still accountable to the voters. But, the decisions are private, the finances are managed privately, and negotiations are not subject to public meeting laws. While the corporation has to demonstrate that it is acting in the public interest, free of corruption, it can engage with other public, private, and civic organizations in a more free and flexible manner to accomplish its goals. Leveraging the strengths of the private sector, publicly owned private corporations that put local assets to work can help drive change and innovation.

 

Directly calling back Jonathan Rauch’s ideas, these corporations create space for negotiations that would be publicly damning for an elected official. They also prevent elected officials from having undue influence in development and public asset management, preventing them from stonewalling a project that might be overwhelmingly popular in general, but unpopular with a narrow and vocal segment of their electorate. This prevents public officials from pursuing a good sounding but ineffective use of public resources to signal loyalty or virtue to constituents. Removing transparency and making the system appear less democratic, as Rauch suggests, might just make the whole system operate more smoothly and work better in terms of the outcomes our cities actually need.

Negotiations

In his book Political Realism Jonathan Rauch describes the importance of negotiations in politics. The act of negotiating is the act of coalition building, finding support for an idea, position, or program among legislators with varied interests. Negotiation needs to be creative, with all options on the board. Within a negotiation, difficult subjects and ideas are discussed to try to understand the benefits, the costs, the target populations, and issues of equality or inequality. The process is messy and like human speech, often disorganized and free flowing.

 

In the United States Federal Government, negotiations within the legislature are supposed to take place out in the open. Committee meetings and hearings are supposed to be public. Negotiations and advisory sessions are televised and open to journalists and interested citizens via the internet. The goal behind an open government is simple, let the people see and know what our leaders are up to. We want to be able to view the negotiations so that we can ensure big businesses are not running the show and to make sure our elected officials are not trading money and votes for projects and bills that we don’t like. Most of all, we want to make sure our legislators are acting ethically and not in their own self-interest.

 

This system sounds nice when we wear our moral philosopher hat, but when we put on our real world pragmatist hat we can see that our open government requirements are in a way breaking the legislative process. If we force negotiations to be public and always visible, then legislators are constrained in what can be said and considered in a negotiation. I mentioned earlier that negotiations are messy and creative, and this process involves talking through half formed ideas and as a group considering extreme ideas that an individual may not want to raise on their own. Doing this can be damaging for an individual if filmed and rebroadcast out of context, but in the moment it can help build creativity and allow decision-makers to better understand the full range of possible impacts.

 

Rauch writes the following regarding our constraints of negotiations, “If negotiations among leaders are a key to effective governance, particularly in polarized times, then we need a less moralistic, more realistic sense of the conditions under which negotiations effectively take place.” Sometimes the nation needs to move forward with legislation that is incredibly unpopular within a few legislative districts. Bills can be toxic for a given senator or member of congress, and if they cannot negotiate in the dark, then on legislation they know must move forward despite its unpopularity back home, the legislator must take a stand against the bill. In this way, a small minority becomes more powerful, and important legislation is stalled. Sunshine is great in theory, but in actual governance, sunshine can become sand in the gears.

Negotiations

In his book Political Realism Jonathan Rauch describes the importance of negotiations in politics. The act of negotiating is the act of coalition building, finding support for an idea, position, or program among legislators with varied interests. Negotiation needs to be creative, with all options on the board for at least consideration or evaluation. Within a negotiation difficult subject and ideas are discussed to try to understand the benefits, the costs, the target populations, and issues of equality or inequality. The process is messy and like human speech, often disorganized and free flowing.

 

In the United States Federal Government, negotiations within the legislature are supposed to take place out in the open. Committee meetings and hearings are supposed to be public. Negotiations and advisory sessions are televised and open to journalists and interested citizens via the internet. The goal behind an open government is simple, let the people see and know what our leaders are up to. We want to be able to view the negotiations so that we can ensure big businesses are not running the show and to make sure our elected officials are not trading money and votes for projects and bills that we don’t like. Most of all, we want to make sure our legislators are acting ethically and not in their own self-interest.

 

This system sounds nice when we wear our moral philosopher hat, but when we put on our real world pragmatist hat we can see that our open government requirements are in a way breaking the legislative process. If we force negotiations to be public and always visible, then legislators are constrained in what can be said and considered in a negotiation. I mentioned earlier that negotiations are messy and creative, and this process involves throwing out half formed ideas and considering wildly extreme views as a group. Doing this can be damaging for an individual if filmed and rebroadcasted out of context, but in the moment it can help build creativity and allow decision-makers to better understand the full range of possible impacts.

 

Rauch writes the following regarding our constraints of negotiations, “If negotiations among leaders are a key to effective governance, particularly in polarized times, then we need a less moralistic, more realistic sense of the conditions under which negotiations effectively take place.” Sometimes the nation needs to move forward with legislation that is incredibly unpopular within a few legislative districts. Bills can be toxic for a given senator or member of congress, and if they cannot negotiate in the dark, then on legislation they know must move forward despite its unpopularity back home, the legislator must take a stand against the bill. In this way, a small minority becomes more powerful, and important legislation is stalled. Sunshine is great in theory, but in actual governance, sunshine can become sand in the gears of what needs to be done.