I think it's important to remind ourselves about the alternative
government and economic system that exists in much of the world (and partially in islands throughout the U.S.) and
which government ethics programs are intended to protect us from.
That system was described succinctly in an
Economist article this week: a system in which "existing
institutions are just a device for the redistribution of property."
The Partisanship of Ethics
The first pleasant surprise involves a
blogger (Advance Indiana) who is disgusted with his own party's
unethical conduct in his city/county, Indianapolis/Marion County. A
native of Illinois, he compares it to Chicago, and he notes that his
party took office because of the other party's unethical conduct. In
this era of partisan blogging, it is nice to see recognition by a
blogger of his own party's ethical problems.
Philadelphia,
Baltimore,
and
now Louisville have come up with ethics reforms in the past week or so. Baltimore's
reforms were disappointing, while Philadelphia's were a big surprise to
everyone, and came with a few serious question marks. Louisville's reforms are hardly a surprise, and they stand somewhere between disappointing and true reform.
Unions are paid for by union members, business associations are paid
for by businesses, but local government associations are paid for by
taxpayers, not by local governments. And yet while unions represent
members, and business associations represent businesses, local government
associations represent local governments. This setup is asking for trouble.
In my previous blog post, the issue arose of voiding a planning and
zoning commission's approval of a permit because one of the commission
members had a conflict of interest. Connecticut law automatically
invalidates the
commission action, without any individual or body having to act. But this is unusual. In fact, most jurisdictions do not expressly provide for the avoidance of permits, contracts, or other transactions.
An unpublished Connecticut Superior Court
opinion takes an odd approach to a conflict of interest charge against
a member
of a zoning commission in the small town of Pomfret (pop. 4,000). Not
only is it odd, but it could very well be unconstitutional, as it
partly bases
its decision on whether individuals have spoken out for or against a
matter before the zoning commission. My thanks go to Patricia Salkin,
who
wrote about the decision in her excellent Law of the Land blog and
sent me a copy of the decision.
When a major newspaper's editorial on a city council's handling of an
important ethics issue begins with "Sneaky.
Real sneaky." it's something worth sharing with those interested in
local government ethics.