Conflicts of interests are perhaps inherent in any political system. They may be more prevalent in a state as small as New Hampshire?..But half-billionare Craig Benson?s election as governor raises the question of whether New Hampshire needs a more formal policy to clarify the responsibilities those elected to occupy the corner office.
That Governor-elect Craig Benson is a wealthy man in control of large financial interests is not news. The seacoast entrepreneur netted more than 400 million dollars from Cabletron during the 1990s??.And up until last week?..Benson served on two corporate boards..??Those of troubled-Cabletron spin-off Enterasys?..and the IT company Pipal systems?. Benson quit those posts. He said wanted to turn his full attention to the problems facing NH??.What Benson didn?t say was that it would raise eyebrows if a governor to sat on corporate boards. Also unstated were his plans to deal with his investment holdings. Those too could raise conflict of interest questions??.Benson?s holdings are largely unknown?.but include about 15 million shares of Enterasys stock?.. That?s 8 percent of a company whose main business is providing computer networking equipment for universities and governments..??.Benson spokesman and former New Hampshire attorney general Tom Rath says state laws pertaining to conflict of interest are vague. But even so, Rath says Benson?s basic obligation is no mystery.
"The critical thing is that people understand and perceive he?s acting in accordance with what is right for the people in this state. It?s not clear as to what more than that is required, but were trying to understand what those option and choose the one that is in the best interests everybody concerned in terms of how everyone ?..including him is going to handle these issues."
What is beyond doubt is that if Benson were elected elsewhere his options would be far more circumscribed. Most states and many cities have clear statutes?..and ethics panels poised to issue advisory options and field possible complaints. Carolyn Carson of the Massachusetts ethics commission says Bay State politicians must make detailed disclosures.
"Business ownership equity??employment in association with biz and non-governmental entities?..including non-profits?.biz and charitable trusts?..family trusts?.securities and investments?..?..real property investment in rental properties transfers of properties creditors information .mortgage receivable info, debts forgiven. All the elected officials at state elections and candidates for state elections have to file each year."
Other conflict of interest ethics experts agree that disclosure is the most important thing Benson can do to alleviate possible public concern. Such transparency is central to the agreement billionaire Mayor Mike Bloomberg reached with the NYC conflict of interest. That agreement?. spells out what Bloomberg can and cannot do with his holdings?..It lists Bloomberg?s top 100 business customers?.and makes clear the Mayor?s non-compliance might mean criminal penalties. NYC?s conflict of interest board attorney Mark Davies oversaw the agreement. Davies says it took more than a year to craft?..but says so far so good??Davies?believes avoiding conflicts in New Hampshire?. may be more difficult.
"See in NY we can usually avoid conflicts of interest. You got tons of people out there it?s not like a couple of high profile law firms you got hundreds of them. So I would suggest it probably more important than in New York or in the state of Massachusetts to have these laws in place....because you?re probably going to have more problems and not less."
Benson spokesman Tom Rath, himself heads a prominent law firms that employs several statehouse lobbyists. He agrees having a super-rich governor is a small state presents new issues??.But says New Hampshire?s two year political cycle keeps politicians accountable. Thus alleviating the need to ape the practices of other states.
"This is a different state than Massachusetts?.a different complexity even than NY?... I mean, we had a governor not too long ago who used to publish the state?s law books?.and not too long ago we had a doctor who used to treat state legislators in his office?..I think we can find a way that gives people an adequate understanding of what the governor?s business holdings are and how in any way they relate to the business of the state."
Rath says Benson will make a decision on his holdings after he?s explored all legal options??.The state attorney general?s office declined comment on what it believes is required by state law??Instead, it pointed to Governor Shaheen?s executive order establishing an executive branch code of ethics..??Under that order, public officials are required to perform duties in accordance with state law?? and directed to make detailed financial filings with the secretary of state?s office ?But according to the secretary of state?s office?.. that filing requirement does not apply to Governors.
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