In May, I wrote a critical assessment [1] of the Luzerne County (PA) Ethics Pledge [2]. From an article last week in the Citizens Voice [3], I learned that an Exeter council member who had missed numerous council meetings and filed a suit against the borough had actually appeared at a council meeting where he and his fellow council members unanimously refused to sign the ethics pledge.

This meeting occurred on June 1, according to another Citizens Voice article [4]. The general feeling was that "the oath of office provided stronger proof of a commitment to ethics than a symbolic piece of paper." One council member said, "I live my life the right way. I don't need to sign it."

This is what a lot of officials say with respect to government ethics codes. But here it actually has some truth in it, because this ethics pledge is not for government officials and employees, not limited to conflicts of interest, but is for everyone and about all of ethics. It applies not just to public and professional life, but also to personal life. And it opens everything up for criticism with pledges such as "I pledge to follow the highest ethical standards in my personal life, workplace, school and community organizations." One slipup in your personal life, and you've broken your pledge. And every accusation is tried in the court of public opinion.

The council was attacked at that very meeting for not following the open meetings law. A woman who asked the council to sign the pledge said, "Is a violation of the Sunshine Act an ethical position?" With such a pledge, every political and professional issue becomes an ethical issue. This raises the emotional tenor of government, without providing any benefit.

For example, a radio host saw hypocrisy [5] in some government officials signing the pledge and talking up ethics:

All I needed to see was Wilkes-Barre Mayor Tom Leighton in the crowd talking about ethics to know that the “Ethics Awareness Initiative of Luzerne County” was just another hustle. The last time I saw Leighton, I looked him in the eye and asked if he wrote a letter to a federal judge in support of admitted federal criminal and corrupt public official Bill Brace, a longtime Leighton political and social ally who is preparing for a federal prison sentence after admitting that he took a bribe while being paid to uphold the public trust.

Leighton refused to answer my question. He still refuses to answer my question. And if he did write the letter, he refuses to release the contents to the people who pay him to ethically and honorably uphold the public trust.

An editorial in the Standard Speaker [6] says, "The 'Ethics Pledge' movement ... seems too slight a remedy for what ails the county. The restoration of our public institutions will require an engaged voting public, concrete initiatives by elected officials to pass new ethics rules and safeguards, continued scrutiny by the media and willingness among citizens and public officials alike to blow the whistle on wrongdoing."

This is almost on target. The pledge is both too much and too little. Government officials should not have to pledge to do more than follow laws, including ethics codes, in word and in spirit. What they need to do is set up effective, independent ethics programs, and do everything they can to encourage public participation and oversight.

Robert Wechsler
Director of Research, City Ethics

203-230-2548