Last November, I announced my intention to pursue a seat on the Anchorage Assembly (South Anchorage). Along the way, I've learned one of the reasons that some citizens choose not to run for office: Alaska Administrative Code 50.685 -- reporting sources of income and gifts.
That is the section of the state code that requires candidates for public office to file financial disclosure statements. I'm OK with general disclosure, and I respect the need to avoid conflicts of interest. But I stopped in my tracks when told that I must include the specific names of customers who have paid me $1,000 or more for my services during the past year. And that I must also disclose the total amount paid by each of those individuals. That private information is then released for public consumption.
I respect my customers' privacy. One hundred percent of my revenue comes from families who trust me to do photography work for them. Most of my customers pay less than $1,000. But there are times when I am paid more than that. My clients include families with children and pets, moms who retain me to photograph their daughter's weddings, and high school students who hire me for their yearbook portraits. A few businesses and politicians hire me, too. Absolutely nobody has hired me because of my political aspirations or views.
I've been in business for 27 years without releasing the names of my customers to anyone without approval in advance.
To comply with the state of Alaska regulation, personal ethics require that I go back to each client who has paid me $1,000 or more in 2015 and 2016. I contacted a couple of my customers and asked them about this. They were surprised about the disclosure request but on board and supportive of my desire to run for pubic office. I am grateful for that. However, I don't feel comfortable going back to all of my applicable clients to ask for disclosure permissions after the fact. And I certainly am not comfortable releasing the names of high school students who hired me for their senior portraits.
In good conscience and in fairness to my customers I decided to withdraw from this campaign. They hired and trusted me, in part, for my judgment and character. My personal ambitions, regardless of their intended merit, should not compromise my customers' original expectations of privacy.
I encourage state Legislature and the Alaska Public Offices Commission to take another look at AAC 50.685. One solution might be to raise the $1,000 financial disclosure regulation to $5,000 or more. The $1,000 reporting level discourages professional business people, especially those with small practices, from stepping into public service. Interestingly, doctors are exempt because of Health Insurance Portability and Accountability Act privacy laws. Business people and retailers who accept cash or other untrackable payments are also exempt.
I am not the first to remove my name from consideration for public office during the 2016 campaign season because of this regulation. There are certainly others who would consider putting their names on ballots if this disclosure law was less invasive. Wouldn't we all prefer to see more choices when walking into the voting booth on Election Day?
David Jensen is a third-generation Alaskan. He was raised in South Anchorage, where he also owns and operates a photography studio.
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