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A Local Ethics Law Without Local Ethics Enforcement
Monday, November 21st, 2011
Robert Wechsler
Here's the situation. There is a state ethics program that applies
to local governments, and an ethics issue relating to a local law
arises. There is no local ethics commission to enforce the local
law, so what happens?
This is the situation in Cincinnati. The issue involves a charter provision that prohibits city funds from being disbursed for the purpose of a political campaign. This is usually an ethics matter (misuse of city property), but since there is no ethics commission in Cincinnati, three things happened when a council member put references on her website to her campaign (thereby making use of the city's broadband service), according to an article on Friday in the Cincinnati Enquirer.
One, a citizen group filed a suit against the council member in a local court, and the court enjoined the council member from using city equipment and time for political purposes.
Two, the city solicitor asked the council member to pay 13 cents to the city for her use of the city's broadband service.
And three, the council member sued the city, after paying the penalty, arguing that enforcement of the charter provision in this case was an unconstitutional attempt to limit and burden her access to the internet for legal purposes, and that the charter provision is itself unconstitutional.
If someone had filed a complaint with an ethics commission regarding this conduct, the violation would hopefully have been considered de minimis, and the commission would have hopefully sent a warning letter about use of government property for campaign purposes. If the council member complained, the commission would have hopefully told her that this is a common rule (although the Cincinnati language is odd) and in no way limits free speech, only who pays for it. The cost to the city would be nothing, the courts would not get involved, and what appears to be a war between this citizen organization and the council member would hopefully have taken place without cost to the public.
If a city is going to have an ethics law on its books, it should have independent enforcement of the law, and not allow people to ignore the state ethics program, file a suit, or get the city attorney's office involved.
Robert Wechsler
Director of Research-Retired, City Ethics
203-859-1959
This is the situation in Cincinnati. The issue involves a charter provision that prohibits city funds from being disbursed for the purpose of a political campaign. This is usually an ethics matter (misuse of city property), but since there is no ethics commission in Cincinnati, three things happened when a council member put references on her website to her campaign (thereby making use of the city's broadband service), according to an article on Friday in the Cincinnati Enquirer.
One, a citizen group filed a suit against the council member in a local court, and the court enjoined the council member from using city equipment and time for political purposes.
Two, the city solicitor asked the council member to pay 13 cents to the city for her use of the city's broadband service.
And three, the council member sued the city, after paying the penalty, arguing that enforcement of the charter provision in this case was an unconstitutional attempt to limit and burden her access to the internet for legal purposes, and that the charter provision is itself unconstitutional.
If someone had filed a complaint with an ethics commission regarding this conduct, the violation would hopefully have been considered de minimis, and the commission would have hopefully sent a warning letter about use of government property for campaign purposes. If the council member complained, the commission would have hopefully told her that this is a common rule (although the Cincinnati language is odd) and in no way limits free speech, only who pays for it. The cost to the city would be nothing, the courts would not get involved, and what appears to be a war between this citizen organization and the council member would hopefully have taken place without cost to the public.
If a city is going to have an ethics law on its books, it should have independent enforcement of the law, and not allow people to ignore the state ethics program, file a suit, or get the city attorney's office involved.
Robert Wechsler
Director of Research-Retired, City Ethics
203-859-1959
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