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Appearance of Impropriety and Citizen-Based Ethics Commissions
Monday, September 21st, 2009
Robert Wechsler
One of the most difficult things for a government official to do is to
determine whether his or her conduct creates an appearance of
impropriety. Partially blinded by ego, surrounding yes-people, and the
government's ethical culture, an official often finds nothing
wrong with conduct that many or even most outsiders -- that is,
citizens -- find questionable or downright wrong. It is hard for them to put themselves in citizen shoes in order to see whether their conduct might appear improper.
This is one of the many reasons why it is so important for an ethics commission to be citizen-based, that is, stocked with outsiders who see appearances of impropriety the way they are supposed to be seen: from the outside.
"Citizen-based" is a term that fits this particular issue and might be more acceptable to officials than "independent," because officials are worried that an independent ethics commission might cause them a lot of trouble. Especially when a government's ethical culture allows conduct that undermines citizens' trust in those who govern, a citizen-based EC is important, in terms of providing advice as much as enforcing the ethics code.
Insider advisors, such as local government attorneys, are more likely to give advice that allows conduct common among those they work with. They are part of the same ethical culture. Like those they work with, they are less likely to recognize appearances of impropriety. In order to have appearance considered, it is better to have advice come exclusively from a citizen-based ethics commission or an ethics officer appointed by the ethics commission. They are more likely to say that something might be technically legal, but it will look bad. Such advice will save officials a lot of headaches as well as more serious problems.
Robert Wechsler
Director of Research-Retired, City Ethics
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This is one of the many reasons why it is so important for an ethics commission to be citizen-based, that is, stocked with outsiders who see appearances of impropriety the way they are supposed to be seen: from the outside.
"Citizen-based" is a term that fits this particular issue and might be more acceptable to officials than "independent," because officials are worried that an independent ethics commission might cause them a lot of trouble. Especially when a government's ethical culture allows conduct that undermines citizens' trust in those who govern, a citizen-based EC is important, in terms of providing advice as much as enforcing the ethics code.
Insider advisors, such as local government attorneys, are more likely to give advice that allows conduct common among those they work with. They are part of the same ethical culture. Like those they work with, they are less likely to recognize appearances of impropriety. In order to have appearance considered, it is better to have advice come exclusively from a citizen-based ethics commission or an ethics officer appointed by the ethics commission. They are more likely to say that something might be technically legal, but it will look bad. Such advice will save officials a lot of headaches as well as more serious problems.
Robert Wechsler
Director of Research-Retired, City Ethics
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