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Overreacting to a Conflict
Tuesday, July 21st, 2009
Robert Wechsler
While so many local governments don't take conflicts seriously enough
to require recusal, some take conflicts too seriously, and overreact.
This appears to be what happened in Elizabethtown (NY), according to an
article in yesterday's Press-Republican.
A school board candidate elected in May works for a physical therapy company that provides services to students in the school system. In other words, he is an employee of a town contractor. Any time the contract with the company is to be discussed by the school board, this employee should certainly recuse himself.
But the school attorney apparently told the school superintendent that, if the physical therapist took office, his employer could no longer do work for the school system. Upon learning this, the physical therapist resigned. When other people told him this was unnecessary, he asked to rescind his resignation. Many people spoke in his favor at the next school board meeting. The school attorney sadly did not appear to defend his position, or change it after discussion.
There are situations where someone should not run for office, but a minor conflict such as this is not one of them. Resignation is appropriate only when conflicts require frequent recusal, or where there is an ongoing appearance of impropriety, for example, when a realtor on a zoning board is seen to be showing favoritism to clients and would-be clients.
There are situations where it would look bad for the owner or executive of a major contractor to sit on a governing body such as a school board. But I don't think this would apply to the regular employee of a minor contractor.
The general rule is, If it looks bad, don't do it. But conflicts themselves aren't bad, just how they are handled. The worst thing you can do is ignore a conflict. The next worst thing you can do is overreact to it.
Robert Wechsler
Director of Research-Retired, City Ethics
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A school board candidate elected in May works for a physical therapy company that provides services to students in the school system. In other words, he is an employee of a town contractor. Any time the contract with the company is to be discussed by the school board, this employee should certainly recuse himself.
But the school attorney apparently told the school superintendent that, if the physical therapist took office, his employer could no longer do work for the school system. Upon learning this, the physical therapist resigned. When other people told him this was unnecessary, he asked to rescind his resignation. Many people spoke in his favor at the next school board meeting. The school attorney sadly did not appear to defend his position, or change it after discussion.
There are situations where someone should not run for office, but a minor conflict such as this is not one of them. Resignation is appropriate only when conflicts require frequent recusal, or where there is an ongoing appearance of impropriety, for example, when a realtor on a zoning board is seen to be showing favoritism to clients and would-be clients.
There are situations where it would look bad for the owner or executive of a major contractor to sit on a governing body such as a school board. But I don't think this would apply to the regular employee of a minor contractor.
The general rule is, If it looks bad, don't do it. But conflicts themselves aren't bad, just how they are handled. The worst thing you can do is ignore a conflict. The next worst thing you can do is overreact to it.
Robert Wechsler
Director of Research-Retired, City Ethics
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