making local government more ethical
In recent years, Florida's elected officials have shown a great deal of leadership in the field of unethical and criminal misconduct. The state has a weak state ethics commission, which has jurisdiction over local officials, and until recently only one good local government ethics program, in Miami/Dade County (Jacksonville and Palm Beach County joined this list with ethics reform last year). The major voices in government ethics in Florida have, sadly, been grand juries.

The need for a good government group focused on government ethics has recently been filled by Integrity Florida, a nonpartisan nonprofit headed by Dan Krassner, a former public relations professional and campaign adviser, who has been Chief Strategy and Communications Officer for the Florida Chamber of Commerce and Vice President of Communications at Florida TaxWatch.

I recently read Judith N. Shklar's book The Faces of Injustice (Yale U.P., 1990). This excellent essay about the difference between misfortune and injustice would not appear to have much to do with government ethics. But there turns out to be much relevant food for thought.

The principal difference between misfortune and injustice lies in how people perceive and interpret events. Those who cause suffering have serious blind spots that make them interpret the event as unavoidable and unfortunate, when in fact they are responsible either for the event or for doing nothing to prevent or fix the situation that led to the event.

This difference is at the heart of the way high-level local officials deal with government ethics. They do not see their misuse of office as causing suffering. They say, to themselves and others, that what they do is in the public's best interest, implying that the public is wrong to see their misconduct as wrong and damaging.

Louisiana Incarcerated is an investigative series that ran recently in the New Orleans Times-Picayune. It is a story rooted in an extremely poor ethics environment that, despite vaunted ethics reforms (that many, including me, have criticized), does not seem to have changed.

The series has introduced into popular culture the term "honey hole," one sheriff's description of the cells in his prison, which is the sheriff's biggest revenue generator.

The words "revenue" and "prisoner" should not be spoken in the same sentence, as we saw in Luzerne County, PA and as could be seen for decades in the prison plantations of many U.S. states. It is no accident that Louisiana has, by far, a higher incarceration rate than any other state. When it is in the direct financial interest of local government officials to have more people incarcerated, there will probably be more people incarcerated. That's why the subheadline of the series is "Sheriffs and politicians have financial incentives to keep people locked up."

Update: December 20, 2012 (see below)

It looks like outsourcing may finally come to local government ethics. No, this doesn't mean that a city's hotline will be picked up by someone in India (in fact, hotlines in some localities are already outsourced to corporations). What it means is that the ongoing failure of scandal-ridden San Bernardino County (CA) to come up with an ethics program (see my blog posts on this) has finally been accepted as part of its government's nature. So, according to an article in the Press-Enterprise this week, the county supervisors have decided to outsource the county's ethics program to the state Fair Political Practices Commission (FPPC). And the FPPC has agreed to take on the job, applying the laws for state officials and employees to those in the county (the FPPC also has ethics provisions relating to local officials and employees, but it generally does not enforce them itself).

Across the nation, there have been numerous occasions when local government officials oppose disclosure requirements, sometimes even the most minimal ones (for example, the name of an elected official’s employer). Arguments are made about privacy, identity theft, and overweening government. There is talk about rights, but never about obligations.

But the bottom-line argument is that if you require financial disclosure, no one will volunteer for local boards and commissions. This is stated as an immutable fact, although without evidence.

It happens that one of the principal goals of a government ethics program is to increase and maintain the public's trust in their local government so that they will participate more. The result is a more vibrant democracy. And this abstract concept has concrete consequences.

Former Maricopa County, AZ county attorney Andrew Thomas (with one of his assistants) was disbarred on Tuesday on numerous counts related to bringing false charges against other county officials over a period of years, according to an article in yesterday's Arizona Republic. According to Prof. Bennett Gershman of Pace University, "This is a huge victory for good-government people and people who believe that prosecutors should be accountable for misconduct."

But it is a bigger victory for those who believe government attorneys should be held accountable for their misconduct, whether or not they are prosecutors. Government attorneys are rarely held to account for providing poor ethics advice, or poor advice on any topic. They are rarely held to account for wearing multiple hats and failing to withdraw when their roles are in conflict.

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