Complaints/ Investigations/Hearings

A passing statement in yesterday's New York Times article on the continuously unfolding story of NJ governor Chris Christie's bullying led me to wonder why it is that indictments based on sting operations focus only on the government officials who give in to the sting's temptations. Not only is this not fair to the many officials who withstand the temptations, but it also gives a false picture to the public of the officials they elect.

Settlements of ethics proceedings are usually a good thing for everyone involved. They save officials the cost of a proceeding and prevent officials from digging themselves deeper and deeper into defenses, denials, and cover-ups, which are usually more harmful to the public trust than any ethics violation. They save taxpayers the cost of a proceeding and of possible appeals. They save the community the pain of going through an extended fight over an ethics violation, which can hurt its reputation, escalate, and have long-term ramifications.

When the criminal justice system finds that government officials are involved in a conspiracy to pursue illegal conduct in an environment of fear and intimidation, they bring racketeering charges under the Racketeer Influenced and Corrupt Organizations Act (RICO). This is what happened with the Atlanta schools cheating scandal.

The Boss of the Ethics Director's Bosses
According to an article this week in the Free Times, an FOI lawsuit was filed against South Carolina's ethics commission, because its director had said that a letter informing the governor of an ethics violation had not been sent and had been destroyed, when in fact it was sent and did exist.

In New York State, lawyers are once again insisting that they are an exception to ethics laws. The Moreland Commission, a special investigatory commission called by the governor and consisting of district attorneys and other law enforcement officials, has subpoenaed the employers of several state legislators. According to an article in the Democrat and Chronicle, most of the employers quickly complied with the subpoenas and provided the requested information.

A Hartford Courant editorial on Friday asked a question that is not asked enough, Why delay an ethics investigation until a criminal investigation is complete? Another such question that is not asked enough is, Why delay an ethics proceeding until a criminal proceeding is complete?

This blog has been closely following cases where the legislative immunity defense has been used in government ethics proceedings. This week, the same issue arose with respect to an open records proceeding in Wisconsin.