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An essay of mine has appeared in the new issue of the journal Public Integrity, a special issue entitled "Changing of the Guard: The 75th American Society for Public Administration Anniversary Symposium: Visions and Voices of Ethics in the Profession" (Fall 2014, Vol. 16, No. 4). Since the journal is published commercially, I am not permitted to share my essay with you. So I will do the next best thing:  review it and expand on what I wrote (without all the details and the academy-speak I was required to employ).

The title of the essay is "Missing Out: The Consequences of Academic Noninvolvement in the Reform of Government Conflicts of Interest Programs." The abstract is as follows:
When it comes to the reform of government conflicts of interest programs in the United States, everyone has been missing out due to the noninvolvement of academics. This paper seeks to explain the reasons for this noninvolvement, to consider the consequences, and to suggest what can be done.
This week, California governor Jerry Brown had to go back fifty years to find someone who agreed with his view of government ethics reform. According to an article in the San Diego Mercury-News, in vetoing ethics reforms that "sought to limit the types of gifts politicians can accept and force lawmakers to disclose the names of groups that bankroll their travel junkets," Brown "referred lawmakers to an article written by one of his former law professors [Bayless Manning] that was published by the Federal Bar Journal in 1964: "The Purity Potlatch: An Essay on Conflicts of Interest, American Government and Moral Escalation." According to the article, the essay "argued that there was no evidence that new ethics rules imposed at the time were having any effect on public officials' conduct."

Ethics commissions appointed by local legislative bodies, mayors, or county executives are often referred to as "independent commissions." I don't believe that these commissions should be considered "independent," because those who select the EC members are under the members' jurisdiction and, in fact, are the people most likely to come before them. These EC members are perceived as biased toward their appointing party, which is far from "independence."

According to an article in Capital New York yesterday, the independence of a citizen commission selected by party leaders in the state legislature is the subject of a judicial decision yesterday (the decision is attached; see below). The case involves a referendum that would take redistricting out of the hands of the majority party in the state legislature and hand it to an "independent" commission selected by state legislative leaders from both major parties.

According to an article Sunday on the Voice of OC website, the Orange County, CA legislative body has drafted a response to the second grand jury report in a year, which recommended the creation of a county ethics program "to monitor and enforce campaign finance and reporting and lobbyist reporting laws as well as other ethics laws and policies." The county board of supervisors wants to turn campaign finance enforcement over to the state ethics commission, and leave it at that.

The board's draft response asserts, “The effectiveness of the ‘ethics bodies’ is a matter of opinion and difficult to determine. The Grand Jury’s report did not provide any metrics or analysis to explain how ‘effectiveness’ of an ethics body is defined nor did they provide any evidence or examples of said effectiveness.”

In an article in the New York Times this Monday, the Robeson County (NC) district attorney described his predecessor's bullying ways, which are typical of those of an individual who heads a local fiefdom:
“He is a bully, and that’s the way he ran this office. People were afraid of him. Lawyers were afraid of him. They were intimidated by his tactics."
In a an op-ed in the Daily Kos last Friday, Janos Marton — special counsel to New York state's recent Moreland Commission on state-level corruption — makes an excellent point about one of the problems involved in the criminal enforcement of government ethics :