Sheila Jackson Lee, Limousine Liberal

Does she think the ethics rules don't apply to her?

BY Sam Dealey

February 11, 2002, Vol. 7, No. 21

WHEN SHEILA JACKSON LEE first came to Washington in January 1995, the Texas Democrat railed against the Capitol's silk-stockinged elite. "The American people want reform, not phony but real reform," she said in her debut House speech. "They want to know that the days of free meals and free trips and special privileges are over. . . . As Members of Congress, we should not be using public office for private gain."

How times change.

It's about 200 paces from the awning of Jackson Lee's Capitol Hill apartment to the marbled steps of the Cannon House Office Building, where her office is. Most people think the walk is a pleasant one. Red-brick townhouses give onto tree-lined streets; crossing guards ensure no one is run over. It's the kind of neighborhood where you might expect to find the Republican party's headquarters--and do. They're right next door to Jackson Lee's building. In a city that consistently ranks among the nation's worst for commuting, Jackson Lee would seem to have it made.

But apparently it's not convenient enough. Jackson Lee is routinely chauffeured the one short block to work--in a government car, by a member of her staff, at the taxpayers' expense. And apparently in violation of House rules.

AsJackson Lee noted on her first day in Congress, the use of public funds for private ends is a major no-no, and the political graveyard is strewn with officials who forgot that. In 1991, John Sununu stepped down as President Bush's chief of staff after a series of gaffes involving subsidized transportation, the final one being a limousine stop at Christie's in New York to look at rare stamps. In 1994, top Clinton aide David Watkins was forced to resign after a picture caught him using the president's helicopter for a golf outing. And then there's the case of former House Ways and Means chairman Dan Rostenkowski, who was charged with widespread malfeasance, including the use of government staffers and cars to routinely run errands.

In 1997 a federal appeals court dismissed these latter charges against the Chicago Democrat on the grounds that the line between "official" and "unofficial" use of public employees and cars is blurry. But the obvious fat-cat implications in these and other cases have led the various branches of government to define the scope of official travel more narrowly. None is more strict than the House of Representatives.

According to the Congressional Handbook, the bible of dos and don'ts for House offices, "commuting expenses are not reimbursable." These costs are defined as "transportation expenses incurred by the Member or employees between their residence and duty station." A spokesman for the Committee on House Administration confirms that the use of a government-leased vehicle for commuting purposes and the use of a public employee as a driver are both violations of House rules. Of course, every lawmaker is expected to know the Congressional Handbook. But Jackson Lee was also provided a copy of these guidelines when her office leased the car that she rides in to work.

Should the House Ethics committee pursue the matter, the Congressional Handbook states Jackson Lee could be "personally liable for payments under any lease not in compliance with House Rules and Committee regulations." These expenses include not just the cost of the lease, paid for from her office allowance, but maintenance and fuel, for which she is also reimbursed.

Jackson Lee declined comment for this story, but when the alternative weekly Houston Press raised similar issues in 1997, she said: "Anything my staff does in my office is pursuant to congressional rules . . . [and] whatever staff does is pursuant to congressional business."

The rules do provide some leniency. Non-governmental use of a public vehicle is allowed if it is "during the course of and generally along the route of a day's official itinerary; incidental to the day's official and representational business; de minimis in nature, frequency, and time consumed," and if it "does not otherwise constitute a significant activity or event." But on any given day, driving Miss Sheila to work is always a significant activity or event.

Or so at least I was told a few weeks ago by an outraged member of Congress, who himself manages to walk to work and noticed Jackson Lee's commuting habits. They're easy to notice.