In 2018, at the height of the Me Too movement, investigators for the House of Representatives dismissed a lobbyist’s allegations of harassment against a state representative because the lobbyist sent friendly text messages after the alleged incident occurred.
The mental calculations she described in a sworn deposition made public earlier this month are all too familiar: Looking past an offensive comment or off-color joke, because the fight wasn’t worth it. Pretending an unwanted romantic advance never happened. Marshalling colleagues and meeting in public places to avoid being alone.
At the Capitol, where relationships are everything and the caprice of a single lawmaker can derail months of policy work, lobbyists must balance representing clients and fighting for policy positions with the costs of not calling out bad behavior.
And as women at the Capitol and across the country grow more empowered to speak out about behavior that would have been ignored in years past, some male lawmakers have responded by doubling down on a boys’ club mentality, granting greater access to male lobbyists than their female counterparts out of a stated wish to avoid even a whiff of impropriety.
In some instances, lobbyist Tory Roberg said, lobbying for issues she cares about means putting up with a lot in the hopes that it will someday get a bill across the finish line.
“In order to serve our clients, we have to build up relationships,” Roberg said. “I have to weigh whether keeping this relationship is worth it to pass a bill.”
Not only lobbyists but also female lawmakers have to manage balancing acts.
Other representatives often don’t listen to Rep. Isela Blanc, D-Tempe, when she speaks on the floor of the House. On the evening of February 26, a few of her Republican colleagues went further than simply ignoring her, instead joking and guffawing over a sexual innuendo they perceived in her remarks.
Blanc ignored them and continued speaking. She said later that it was another example of an uneven power dynamic she can’t stop thinking about.
“I’m continuously reminded that it’s a power dynamic, and my colleagues across the aisle have all the power,” she said. “If I feel this way and I’m an equal, I cannot imagine what it would be like to be a lobbyist — a female or a male lobbyist — in this power dynamic.”
Marilyn Rodriguez, a lobbyist at the progressive firm Creosote Partners, said she thinks often of a piece of advice Supreme Court Justice Ruth Bader Ginsburg shared: It helps sometimes to be a little deaf.
Ginsburg’s mother-in-law advised her on her wedding day to tune out small thoughtless or unkind words, and it’s a strategy she used in the workplace as well. Tuning out offensive jokes and comments helps at the Capitol, Rodriguez said.
“There are definitely things that I don’t laugh off, but that I have to pretend not to hear,” she said.
For lobbyists representing clients whose issues don’t align with the prevailing view at the Capitol, finding votes often means putting up with unacceptable behavior, Roberg said. Roberg represents the Secular Coalition of Arizona and often advocates for issues unpopular with the GOP majority.
“It’s just really hard when you’re already the underdog in a fight,” she said. “If you have an opportunity to get into someone’s office, you have to take it.”
“I’ve never crossed any lines,” she quickly added.
High-profile scandals involving lawmakers and lobbyists — from the seemingly consensual relationship between Rep. David Cook and an agricultural industry lobbyist who supported his bills, to accusations of harassment levied against Sen. Michelle Ugenti-Rita and former Rep. Don Shooter — draw attention to the uneven power dynamic between lobbyists who push for bills and the lawmakers who control their fate.
Barry Aarons, the de facto dean of the Arizona lobbying corps, said those incidents are the exception, not the rule.
“Every year or couple of years, there’s an incident or two that pops up unfortunately and all of us [lobbyists] tend to take the spatter on it,” he said. “Basically, the ethical level of the Arizona Legislature and all of us involved in it is relatively high, with the exception of a couple of lapses that have occurred over time.”
Aarons said he teaches his staff to be “extremely cautious when socializing” with lawmakers and their staff, and prohibits romantic relationships between his employees and lawmakers. The employees also aren’t allowed to drink with lawmakers “on company time,” he said, but he rejected a suggestion that lobbyists stop buying drinks for lawmakers.
“I think it’s unfortunate that we think that we can’t have a casual meal and refreshments,” Aarons said. “If you want to ban [drinking], ban it. It’s not a lobbying technique.”
Complicating matters is a lack of clear, industrywide ethical standards for lobbyists, paired with the Legislature’s lack of a formal code of conduct.
The American League of Lobbyists has a code of ethics it urges members to comply with, but the code doesn’t get into murky matters like relationships between lawmakers and lobbyists. Other states, including Colorado, have their own professional lobbyist associations that regulate lobbying ethics and seek to prevent harassment at state capitols.
Matt Benson, a former Arizona Republic reporter who now lobbies for Veridus, said lobbyists and reporters have similar difficulties navigating ethical boundaries with lawmakers. Both reporters and lobbyists operate more casually than people in most jobs, he said.
Reporters have relationships with sources they talk to during regular business hours and after hours over dinner or drinks, he said.
“Being a lobbyist isn’t so much different,” Benson said. “Lobbyists interact with other lobbyists, with staff members, and with legislators during the day and sometimes off hours, and there’s nothing inappropriate about that, provided that you stay between the bright lines.”
Veridus follows a code of common sense, Benson said, adding that formal enforced ethical guidelines regulating lawmaker-lobbyist relationships are hard to imagine. And trying to craft rules will only muddy waters, he said.
“What would that look like? One drink is OK, but three and you cross the line?” he said.
If anyone on his team feels uncomfortable with a specific lawmaker they have to meet, another employee will tag along, Benson said.
“Clearly there have been some incidents that have come to light – not just this session, but in past sessions. I don’t know that that necessarily means the system is broken. What it speaks to is the fact that we’re dealing with human beings and they make mistakes and I don’t know that you eliminate that by putting a set of rules on paper.”
Former Republican lawmaker Maria Syms acknowledges people are flawed and said doing nothing about it at all won’t solve the problem. When Syms was in the House, she was one of the most outspoken members calling for a formal code of conduct in the wake of Shooter’s expulsion and asking to “get the frat house out of the state House.”
Syms said she even provided examples from another state legislature that could be used as a starting point, but nothing ever happened.
Syms said the longer the rules governing relationships, which need to be as objective and ethical as possible, continue to be vague or non-existent, the worse the problem could get.
“Lawmakers and lobbyists are saying we can self-regulate, but that’s not enough,” Syms said. “It’s a lot easier to not have a code of conduct for that when these things come up because you can pick and choose whose actions and what actions are appropriate or inappropriate depending on the political climate at the time. These scandals keep coming up and we have some work to do.”
The Pence policy
Longshot Mississippi gubernatorial candidate Robert Foster found an Arizona fan in Sen. Vince Leach last summer, when Foster told a female reporter she couldn’t accompany him on a day of campaign events unless she brought along a male colleague.
“I’m not going to ever put myself in a position where a female could come back and say that I made advances on her, I tried to assault her and there’s no witness there to say that did not happen,” Foster told NPR.
Leach shared a version of the story on his campaign Facebook page, adding that he agreed totally with Foster’s position.
“This has been my policy going back probably 20 years,” Leach said via text. “Have forgotten the mentor that gave me this advice. Same policy for constituents and lobbyists and others I meet with. It seems to have worked well so far and see no reason to change.”
Foster and Leach follow the “Billy Graham rule,” named for the late evangelical preacher, which prohibits spending time alone with anyone of the opposite gender other than a spouse. Another notable adherent is Vice President Mike Pence, who refuses to dine alone with a woman or attend events with alcohol unless his wife is with him.
Leach’s announcement last summer surprised some of his female colleagues and lobbyists, who couldn’t recall if they had met alone with him. And knowing that a male lawmaker treats women differently because of their gender is really uncomfortable, Rodriguez said.
“Now every time I see him I wonder, ‘how do you view me?’” Rodriguez said.
Leach is far from alone in refusing to meet alone with female lobbyists, Senate President Karen Fann said. She even had a male representative, who she declined to name, who turned down a woman who asked to catch a ride with him to Tucson but told Fann he would have readily agreed if a man had asked him.
Other male lawmakers make sure to have an assistant come in to meetings with female lobbyists, or keep the door open during those conversations out of “self-preservation,” Fann said.
“It is sad that we have gone so far with trying to be careful about not being perceived as anything that, yes I do believe that some of the female lobbyists are unfortunately not getting the same equal (treatment) as a male because of the fact they are female,” she said.
Discussions of sexual harassment at the Legislature, as in the nation at large, reveal generational differences between the Baby Boomers and older Gen-Xers who entered a male-dominated arena and the younger women who expected a more equal playing field. Fann, who also owns a highway construction business, noted that she has been dealing in a male-dominated world her entire life.
“You just get in and you roll up your sleeves and you do it,” Fann said. “Those of us in our generation, our whole lives we’ve had to work a little harder just to show that women can do as good a job — if not better — than men in some areas.”
When Stacey Morley started working as an intern at the Senate in the mid-90s, there was an unwritten rule that female interns shouldn’t go into certain male members’ offices alone.
“We all knew what happened, but no one ever really said anything,” she said. “And there were a lot more affairs between lobbyists and members. All that kind of stuff used to be a lot more common and accepted, whereas now it’s very hush hush.”
Morley, now the government affairs director for Stand for Children, said she has never been put in a position where she felt harassed — something she attributes in large part to her own brash personality and inappropriate sense of humor. For instance, Morley said, she loved Shooter, the former lawmaker who was ejected from office.
“He was like a dirty old man,” Morley said. “He never made me feel uncomfortable, but that’s probably because my standards are way lower than most people.”
She said she could see where younger or more sheltered lobbyists, who come from a different background than she did, could feel very uncomfortable at the Legislature.
“Not to say that I haven’t flirted with members to get my bills passed, but I never felt like anything was expected of me,” she said. “I’ve just had a different experience about it.”
Sen. Lela Alston, D-Phoenix, said she’s dismayed that the Legislature hasn’t yet solved the problem of sexual harassment. Everyone at the Capitol should be able to do their jobs without fear, she said.
“Whether you’re a lobbyist or a reporter or you’re a page or you’re a staffer, you should be able to pursue your careers free from any kind of that expectation and you should have no concerns about members’ behavior,” Alston said. “I’m particularly offended if young women are compromised in their ability to do their jobs, perfect their professional skills, be able to rise to their highest level of potential in their chosen career. That should not be hampered by gender.”
After the AzScam scandal in 1991, the Legislature brought a nationally recognized expert on ethics to train lawmakers on ethical behavior. It might be time to do that again, Alston said, or at least adopt and enforce a code of conduct.
“We’re not a court of law by any stretch of the imagination, but we do have the ability to say what should and should not go on in our own little realm right here,” Alston said. “And we should all have the expectation that those rules of conduct should be maintained, that there’s no wink-wink, nod-nod going on, that we have these rules but we don’t really mean it.”