Ethics Codes & Reform

One of the 'latest things' in politics today is Drew Westen, a psych professor who advises the Democrats that they should be paying more attention to emotions than to policies (as, many say, the Republicans have been doing), because people's emotional reactions have a great effect on how they vote. What is the implication for ethics of what Westen and his colleagues are saying?

What a nice thing to wake up to: reading in the newspaper that at least some American institutions are using words like 'transparency' and 'accountability' as if they really meant it. In an article in today's New York Times, we learn that foundations are now publicizing their failures as well as their successes. A consultant to foundations is quoted as saying, 'there's an increasing recognition among foundation leaders that not to be public about failures is essentially indefensible.

According to a May 24, 2007 New York Times editorial, the Commerce Department inspector general, charged with protecting whistle-blowers, took vengeance on two subordinates who questioned his expense accounts. He reassigned his top deputy and his counsel to peripheral jobs, when they refused to sign off on expensive trips and office renovations. This happened at the federal level, but it is important to show how fragile whistle-blowing is.

What happened recently in Colorado makes it clear that a state constitution is not the right place for ethics laws. Last November, an amendment to the state constitution was approved by voters, prohibiting state and local officials from accepting any gift of over $50 from any 'person.' The state Attorney General ruled that this amendment would prevent the child of a government official from a receiving a scholarship, or a state university professor from accepting a Nobel Prize. Click here to read the rest of this blog entry. A suit was file

How to use the Federal Sentencing Guidelines (FSG) to establish or strengthen ethics programs

Purposes of the FSG:

a) Prevent and detect criminal conduct and b) Promote an ethical culture

Many areas of ethics have little overlap with municipal ethics. But one rather specialized area that I came across has some interesting applications: the ethics of casting love spells. According to an article in about.com, 'the standard position among Pagans is that you should never do spells to make a particular person love you.' With municipal politicians, this should apply also to spells to make everyone love you.

Who should be in charge of writing and revising municipal ethics codes? Generally, ethics codes are the work of a mayor or a council, or sometimes they both jockey for the position of being seen as more ethical (this is especially true when a council member is considering a run for mayor). Sometimes they're the work of the city attorney, who in any event often does the drafting for his or her boss, who may be the council, the mayor, or the city manager.

It is not enough to reform a city's ethics program. One must also let the world know about it. Most municipalities reform their ethics in a vacuum. They might look at a nearby town or city, or two, but the people in charge rarely know what is happening elsewhere, what are the norms and what are the latest reforms.

In Isle La Motte, Vermont, according to a recent article in the Burlington Free Press, the longtime town clerk and treasurer diverted $100,000 of town funds to her own use. Before the town learned of this, its Selectboard (the town's elected executive board) had arranged to allow her to pay back the money along with interest and audit and legal expenses. One member of the Selectboard was the town clerk's father, and another was a close friend of hers.