Trust through agreement, and trust through disagreement

2023-05-10

Dear friend,

A veto override vote on S.5, The Affordable Heat Act, is scheduled for tomorrow (Thursday). A resident wrote me today, “Hope you have changed your vote on S.5! Don’t expect to serve another term when you are up for re-election if you still support this dumb ass bill!”

Great. I'm in favor of participation in democracy. I have a one-hour-minimum mentoring offer to anyone interested in running for office.

More troubling to me is the resident who wrote, “I believe this bill for ‘Affordable’ heating bill is exactly WHY most folks do not trust gov’t. And I know you and I have talked about the importance of integrity and trust. Very easy to lose both and very hard to gain it back.”

I count myself as someone who doesn't trust government, as I wrote about in The Wally Principle. I'm not happy about this. I do my utmost to comport myself in a trustworthy way.

However, we are not going to come into trust through agreement. I can't act in a way that all 4,200+ Windham-6 residents agree with, every time. No one could.

If we are to trust each other in a representative democracy, we must find a way to do that through disagreement.

That's why I lean heavily into transparency. What you see is what you get. I have kept residents informed about my views on key topics through my newsletter (sign up here).

In addition to posts on Front Porch Forum, and town hall meetings and office hours throughout the session, here are a few posts that will share my thoughts on S.5.

--“Can we talk about aha?”​
--How a bill starts a conversation​
--“Yes” to a Clean Heat future​
--Dear Governor, Let’s plan for the future. Sincerely, Rep. Roberts​

***
But there was more from this resident, that touches on the question, what does it mean to be a State Representative?

"Quick thought Tristan," they wrote back later. "So I hear that S.5 has generated MORE response from public than any other bill ever to come before the Legislature. And my gut feeling is the folks you all represent were not contacting you to say 'support' so I have to assume that they were writing to say 'vote against.' Guess party power is more important than people... so sad...... Why then should anyone reach out to you for anything...????????"

Residents who disagree with one of my votes often criticize me for not doing what they wanted. I didn't represent them, or what they perceive to be the will of the majority, so I'm doing it wrong.

What's the correct way to represent a diverse group of people and interests?

Political science gives us several models. One is the "Delegate model."

According to Wikipedia, "A delegate is someone who is elected to represent and convey the views of others. The delegate model of representation suggests that representatives have little or no capacity to exercise their own judgement or preferences. They are merely elected to be the mouthpiece of their constituency and act only the way their constituents would want them to, regardless of their own opinion."

The delegate model is not well-loved in the United States. It is the model used by the Electoral College.

It is not the model described in the Vermont Constitution, Chapter II, § 16. [Representatives’ oaths]:

"You do solemnly affirm that as a member of this Assembly, you will not propose, or assent to, any bill, vote or resolution, which shall appear to you injurious to the people, nor do nor consent to any act or thing whatever, that shall have a tendency to lessen or abridge their rights and privileges, as declared by the Constitution of this State; but will, in all things, conduct yourself as a faithful, honest Representative and guardian of the people, according to the best of your judgment and ability. Under the pains and penalties of perjury."

That is the oath I swore to on January 4th, 2023.

Rep. "Coach" Christie and Rep. Tristan Roberts.

If the framers of Vermont's democratic institutions had wanted me to be a delegate of the people, I would expect to see more language in this oath like "convey the views" of the people.

Instead, I'm seeing an instruction to use "your judgment and ability." I'm seeing language that puts the onus on the representative's views.

This comports with a different model of representation, that of the trustee.

According to Wikipedia, "A trustee is someone who acts on behalf of others, using their knowledge, experience and intelligence upon a certain field. The trustee model contrasts with the delegate model as this time constituents 'entrust' their elected representatives to represent them however they see fit, with autonomy to vote and behave in the best way for their constituents.

"You choose a member indeed," said Edmund Burke, "but when you have chosen him he is not member of Bristol, but he is a member of parliament. Your representative owes you, not his industry only, but his judgement; and he betrays, instead of serving you, if he sacrifices it to your own opinion."

There are other models of representation, as well (see Wikipedia). The "mandate model" is relevant to consider with regard to today's party politics. The resident's concern that "party power is more important than people" voices the fear of a voter who doesn't feel represented by a party's priorities.

Party politics are a big factor in Montpelier. They have been hotly debated in the United States since the 1790s, so I don't expect to resolve them today.

Again, the best I can do is to be transparent.

Campaigning last fall, I stated at door after door that I have been a lifetime registered Independent before running as a Democrat.

What that has meant so far in practice in the State House is that I vote with my party a lot, but not all the time. Most of the work I do, or that any Representative does, isn't on the House floor or in a roll-call vote.

Most of the work I do is in asking questions and suggesting new language in my committee. It's in talking to other committees about their bills and suggesting improvements on those bills. It's informing them of how Halifax, Whitingham, and Wilmington are different from other parts of Vermont, and how pending legislation can better represent our towns. In bringing this perspective to my colleagues, it helps that I spend time working with them in a shared caucus.

What model of representation do I follow? All of them at different times, and above all, my own judgement. That's what the Constitution asks me to do.

P.S. Thanks for reading! What's your feedback? Please let me know if you have bills or topics of interest in this last, adjournment week of the 2023 session.