There are many right and wrong ways to select an ethics commission. The rightest ways take the selection process out of the hands [1] of anyone who could possibly come before the EC, because that places a conflict of interest at the very center of a process intended to guide and enforce the responsible handling of conflicts. The rightest ways also prevent anyone who could possibly come before the EC, or their colleagues, from sitting on the EC. And the rightest ways seek an EC that can develop expertise, and which can not only enforce, but also train and advise.

According to an article in yesterday's San Mateo Daily Journal [2], last year San Mateo County chose one of the wronger ways of selecting an EC, and its plan to change the selection process does little to correct it.

First of all, the county board of supervisors does the selecting. This is better than a mayor or manager doing the selecting, since they manage most of the people who might come before an EC, but it is still far from optimal.

Second, the county board selects an EC specially for each matter that arises. Therefore, the EC can neither develop expertise nor do any training or advising.

Third, although selection must be from a limited pool, which could be good, the pool consists of former county attorneys and officials, many of whom have longstanding relationships with members of the board of supervisors:  retired judges, former county or city administrators, former civil grand jury forepersons and former county counsels, city attorneys, and district attorneys. The pool also wrongly assumes that lawyers know more about conflicts of interest than other professionals.

Fourth, the process is ad hoc. According to a deputy county counsel, “Hypothetically, the board will decide how they want to do it ... on a case-by-case basis." This is no way to gain the trust of citizens.

Tomorrow, the board of supervisors will consider adding citizens to the selection pool. This sounds good, but it actually gives the board an opportunity to select anyone it wants. And as long as the county's legislative body does the selecting, the EC will be tainted in any matter that deals with legislators or their colleagues.

Robert Wechsler
Director of Research, City Ethics

203-230-2548