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Local Officials Officiating at Restricted Sources' Weddings
Tuesday, December 9th, 2014
Robert Wechsler
According to an
article yesterday on the Baltimore Brew website, a
year ago Baltimore's mayor officiated at a wedding between two
individuals who lobby the city government. In Las Vegas, no less.
Mayors, judges and, sometimes, other local government officials often officiate at weddings. Some ethics codes have a special exception from the gift ban that allows for this, but most make no mention of it.
The question is, should there be limits on officiating at weddings, or should government officials be allowed to use their public office to officiate at anyone's wedding, including those of lobbyists, contractors, developer, and grantees ("restricted sources")?
The common concern is that government officials will use their office to financially benefit themselves or those with whom they have special relationships. Officiating at a wedding does not financially benefit anyone, except to the extent a couple may otherwise have to pay a clergy member or someone else to officiate.
But this common concern fails to acknowledge what everyone knows: that it isn't only particular financial benefits that are problematic. What is problematic is the ongoing reciprocal relationship between a government official and someone seeking special benefits from the government, and the reasonable perception that this relationship will lead the official to give preferential treatment to, in this case, lobbyists (and their clients).
Looked at in terms of reciprocal relationships, officiating at a wedding (especially far out of town) makes a big statement that the official is in a strong reciprocal relationship with the individuals she is marrying. Officiating makes the public (at whose weddings the official is not officiating) see government as in the service of lobbyists and other restricted sources, rather than in the service of the public. If the official is not willing to officiate at the weddings of everyone who asks, then the decision to officiate should exclude anyone who is seeking special benefits from the government.
Robert Wechsler
Director of Research-Retired, City Ethics
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Mayors, judges and, sometimes, other local government officials often officiate at weddings. Some ethics codes have a special exception from the gift ban that allows for this, but most make no mention of it.
The question is, should there be limits on officiating at weddings, or should government officials be allowed to use their public office to officiate at anyone's wedding, including those of lobbyists, contractors, developer, and grantees ("restricted sources")?
The common concern is that government officials will use their office to financially benefit themselves or those with whom they have special relationships. Officiating at a wedding does not financially benefit anyone, except to the extent a couple may otherwise have to pay a clergy member or someone else to officiate.
But this common concern fails to acknowledge what everyone knows: that it isn't only particular financial benefits that are problematic. What is problematic is the ongoing reciprocal relationship between a government official and someone seeking special benefits from the government, and the reasonable perception that this relationship will lead the official to give preferential treatment to, in this case, lobbyists (and their clients).
Looked at in terms of reciprocal relationships, officiating at a wedding (especially far out of town) makes a big statement that the official is in a strong reciprocal relationship with the individuals she is marrying. Officiating makes the public (at whose weddings the official is not officiating) see government as in the service of lobbyists and other restricted sources, rather than in the service of the public. If the official is not willing to officiate at the weddings of everyone who asks, then the decision to officiate should exclude anyone who is seeking special benefits from the government.
Robert Wechsler
Director of Research-Retired, City Ethics
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