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Michigan's Baby Step Toward Local Government Ethics
Monday, February 9th, 2009
Robert Wechsler
The Michigan
House passed a
bill in November requiring all local governments in Michigan to set
up ethics boards. The bill, which amends the state ethics law, requires
that ethics boards either use the state law, which is minimal, or that
local governments pass their own ethics laws, with no restrictions. The
bill is currently before the Senate Committee on Local, Urban and State
Affairs.
Apparently, the bill went through to the House floor with little or no debate. One representative's comment on this is especially telling:
He's got that right. Each voter can very well investigate and determine the value of ethics allegations.
The required ethics boards are appointed by the local government's chief elected official, with legislative approval. They can all be of the same party, even members of the legislative body. And they can only make recommendations to an official or employee's "appointing or supervisory authority," which appears to leave the ethics of elected officials in the hands of the electorate, just as Ref. Meekhof prefers.
There are no minimal requirements for a local ethics code, so it could be even weaker than the state code. And the bill holds off requiring use of the state ethics code for the first year, so that, if a local ethics code does not exist or is not quickly passed, there are no standards to guide officials and employees, or the ethics board. On what basis could anyone file a complaint during this first year in, one would assume, the majority of jurisdictions?
The bill passed the House 70-31. I couldn't find anything online that referred to it, except at michiganvotes.org, which covers every bill. There does not seem to be much excitement about a poorly written bill that takes a baby step toward requiring local government ethics laws.
Robert Wechsler
Director of Research-Retired, City Ethics
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Apparently, the bill went through to the House floor with little or no debate. One representative's comment on this is especially telling:
Rep. Meekhof: "I cannot vote for
this bill as it has not had a hearing in committee.
It appears to require local governments to do what they already do, act
in an ethical manner, or face the voters at the ballot box."
He's got that right. Each voter can very well investigate and determine the value of ethics allegations.
The required ethics boards are appointed by the local government's chief elected official, with legislative approval. They can all be of the same party, even members of the legislative body. And they can only make recommendations to an official or employee's "appointing or supervisory authority," which appears to leave the ethics of elected officials in the hands of the electorate, just as Ref. Meekhof prefers.
There are no minimal requirements for a local ethics code, so it could be even weaker than the state code. And the bill holds off requiring use of the state ethics code for the first year, so that, if a local ethics code does not exist or is not quickly passed, there are no standards to guide officials and employees, or the ethics board. On what basis could anyone file a complaint during this first year in, one would assume, the majority of jurisdictions?
The bill passed the House 70-31. I couldn't find anything online that referred to it, except at michiganvotes.org, which covers every bill. There does not seem to be much excitement about a poorly written bill that takes a baby step toward requiring local government ethics laws.
Robert Wechsler
Director of Research-Retired, City Ethics
---
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