Defending Diane

Over the past two weeks we've heard a number of complaints about Diane McCartin-Benedetti's rocky start as the rookie council member representing the old 5th District. Around here we call her "D5" to differentiate her (and to avoid the temptation to coin a new label).

Today, we'd like to take a few moments to look on the bright side of her month-old term of office and offer a lawyer's defense of her performance so far.

Here are the indictment particulars.

1. Her obvious reliance on and deference to the political objectives and advice of D1 Dan Coffey.
2. Her inability to recognize the conflict of interest involved in voting on her family's business when it comes before the council.
3. Her apparent lack of understanding of the appropriate divide between legislative and administrative functions.
4. Her lack of understanding of the lawmaking role of council.
5. Her lack of preparation for public meetings.
6. Her demonstrated insensitivity to diversity and common courtesy.

The Coffey Factor

Nominee McCartin-Benedetti could be called, without being at all unfair, "the Coffey candidate." How that particular camel got its nose under the 5th District tent could be a treatise unto itself. Suffice it to say that Diane ran and won based on the urging and counsel of Dan Coffey. Once Bev Crump made it clear that she would not be running for re-election, only Coffey put in the time to recruit a replacement to run in the Democratic Party primary. In 2007, that and a couple of thousand dollars were sufficient to secure the seat.

D5 relies on Coffey as the lead dog and has willingly taken his counsel. Most know that Coffey is a blight and an embarrassment, so her allegiance to him and his political methods are on their face objectionable.

THE DEFENSE: To D5, Coffey is a proven winner. He is now the senior member of council, and was the only member of council to run unopposed in November. He has taken the time to ask for her support and to "teach her the ropes." He has been a friend to her family's business interests and appears to know everything that is going on in the city. Like many of her colleagues before her, she appreciates Mr. Coffey's interest in her and her career and can be expected to reciprocate that interest by deferring to his experience. Whether we like it or not, hers is a rational alliance. It may not benefit the city or its residents, but D5 doesn't know that yet. As time passes and she matures in the seat, perhaps she will, like others before her, begin to distance herself from Coffey.

The Conflicts Factor

On the first and only occasion where her brother's business interests (McCartin-Benedetti is the sister of Gary "The Gary" McCartin, the upstart greenfield developer whose arrogant dismissal of smart growth has made him the poster boy for exploitive behavior and shortsightedness) came before the council, she did not hesitate to cast her vote. Some feigned shock at her refusal to recuse herself from the issue.

THE DEFENSE: One can surmise that McCartin's difficulties with gaining regulatory approvals were a motivating factor in D5's decision to run for office. She reportedly declared herself "knowledgable" and certain that no conflict existed because she personally stood to gain nothing from the proposed project. In fact, she voted to disapprove the project, lining up with all eight of her colleagues, despite a unanimous approval by the Plan Commission and a positive recommendation from the commission and the city staff. Had she recused herself on a 4-4 council tie, her recusal would have acted as an "aye" vote and the McCartin project could have proceeded. The fact that it did not doesn't change the debate about conflicts of interest. The mere fact that others see her participation as such doesn't make it so.

The Checks and Balances Factor

Based on her public comments, D5 believes the council's role is to be a collective part-time mayor. In towns like Clarksville, that is pretty much the role. For county commissioners, that is the role. But in a second class city, the division of powers is well-defined. Reviewing job descriptions and resumes is an executive role. In trying to learn on the job, Benedetti is prone to meddling (as her mentor also is) in functions properly left to the mayor and his professional staff.

THE DEFENSE: As a neophyte, such stumbles should be expected. Unless and until someone takes her aside (someone she respects and will listen to) and explains what is proper and what is improper, she will likely test the limits of her council role. She will certainly be encouraged by her closest advisers to cross the divide as often as she likes. Whether that is proper oversight or meddling is in the eyes of the beholders.

The Ditz Factor

D5 was heard to ask the following question during a January meeting: "When we pass an ordinance...does that last a long time?" Her embarrassed colleagues and mortified constituents shuddered at the naivete of the question. That might have been a question she could have asked before she ran for office.

THE DEFENSE: Learning on the job is a long tradition in New Albany. D5 was busy raising a family. She comes from a family that held similar offices. How hard could it be? What does it matter if she doesn't know the ins and outs of legislation. She'll learn.

The Ditz Factor II

Since January 1, the city's sewer enterprise has operated without a sitting board of directors. Mr. Gahan and Mr. Coffey led a charge to change the board's composition and powers. At January's second meeting, a new ordinance was passed, but with objections, no final reading was permitted. Calling it an urgent matter, the mayor called a special meeting to move the ordinance up and appoint a board to deal with pressing business.

The entire council had voted once. Every council member knew that a second and third reading of the ordinance would be a pressing agenda item. It was so important that a special meeting was called by the mayor.

Here's the relevant snip from Dick Kaukus's coverage in the Courier-Journal: The vote on the two readings last night was 7-1, with one abstention. Voting yes were Gahan, Coffey, Bob Caesar, Steve Price, Pat McLaughlin, John Gonder and Jack Messer. Kevin Zurschmiede, the only Republican on the council, voted no. Councilwoman Diane Benedetti said she was "confused" about the measure and abstained.

That's right. D5 abstained, citing "confusion." Is the 5th District being represented well when its council member can't decide? This matter wasn't "sprung" on her. It had been debated at length. Several days had passed between the first vote and the special meeting.

It's not the first time she has shown indications that she is the council member only when she is attending meetings. Dozens of regular folks seem to know more about the issues she votes on than does she. What kind of preparation does she undertake in advance of and between meetings.

THE DEFENSE: A council seat only pays about $1,000 a month. The meetings required of a council member take hours and hours away from the family. A single council member can't be counted on to know everything. And if a council member is unsure about an issue, she should abstain rather than cast a "wrong" vote that could come back to haunt her at re-election time. Better safe than sorry.

The Ali Factor

Shadow5 was not there, but our first confirmation that we might not be happy with D5 came when reports trickled out about D5's appalling discourtesy at last year's Floyd County Democratic Party's Jefferson-Jackson Day Dinner.

A respected local officeholder prevailed on the director of the Muhammad Ali Center to be the keynote speaker. In addition to delivering an informative and inspirational message about peace, unity, diversity, and human progress, the speaker arranged to offer a gift basket that included two annual passes to the Ali Center and a variety of other coveted items.

This gift basket was the grand door prize for the evening. Guess whose ticket was drawn? None other than that of Diane McCartin-Benedetti, candidate for city council. As the event drew to a close, D5 approached the emcee and said that she had no interest in accepting the passes or the gifts in that she had no interest whatsoever in visiting the center. Furthermore, when asked if perhaps someone at her table might wish to accept the prize, she continued that none of those who sat at her table had any interest, either. And reportedly she then went to a central committee member and both rejected the prize and criticized the whole idea and theme of the evening.

D5 showed an appalling lack of grace and good judgment. It raised much speculation as to her motives and attitude toward Muhammad Ali, the Ali Center, and the guest speaker and his message. We need not go into the implications of her discourtesy and from what well her actions were drawn. If nothing else, it was just plain rude.

THE DEFENSE: Maybe she just doesn't like those people. You know, boxers.