Complaints/ Investigations/Hearings

It's amazing how much local government ethics activity there is in this July. Here is a miscellany of issues that have arisen in just the last few days.

Subpoena Power
According to an article yesterday on the WFPL website, the Louisville ethics commission has been trying unsuccessfully to get subpoena power since an important proceeding against a council member was hampered by its inability to get several witnesses to testify.

Should an ethics violation be an impediment to future jobs? In general, I don't think so, especially when the violation was handled responsibly, that is, without a denial, cover-up, and costly, unnecessary investigation and hearing process. But sometimes ethics violations involve much more than the failure to deal responsibly with a conflict.

They have various names, such as councils of governments (COGs), joint powers authorities (JPAs), and regional councils or commissions, but whatever names they have, these local government associations are often left outside of both local and state government ethics programs. And yet, as the term "joint powers authorities" implies, they do wield power and do spend or affect the spending of money, often huge amounts of money in transportation, water, and other construction projects.

Despite writing this blog for six years, I keep finding important areas of government ethics that I have not discussed. One such area involves dealing with the possible conflicts of outside auditors. Large cities and counties have internal auditors or comptrollers, but most local governments employ the services of external auditing firms, just as companies do. These auditors have special duties toward their clients, that is, to the community, not to the individuals who hire them and with whom they work. And yet these auditors owe their contracts to the individuals they work with.

Independent agencies are more likely than regular government agencies to get into trouble, because they are usually more closed and less supervised. And yet officials too often listen to agencies' calls for independence from ethics programs, as if the "independence" meant something positive that should be respected, rather than that the agencies are unsupervised and unaccountable. An independent agency's independence is only something positive when it is a watchdog agency, like an ethics commission, auditor, or inspector general.

It's Attack the Ethics Commission week once again, this time in New York State. According to an April 16 article in the Albany Times-Union, a mayor from one party filed a complaint against the deputy majority leader of the New York Senate, who is a member of the other party. The complaint is included below the article, and a statement by the mayor, about the filing, is quoted.

Today, the New York Times ran a length investigatory report on Walmart's extensive bribery of local Mexican officials intended to rush through permits and zoning approvals, reduce environmental impact fees, and gain the allegiance of these officials.

The Independence of Investigators

A few days too late for St. Patrick's Day, today's Irish Examiner has a wonderful story about catching officials involved in ethical misconduct relating to land use. It's an old story, but new to me, and probably new to you, as well.

Newspapers aren't called the fourth estate for nothing. But in cities these days, they are more like the third estate, more important, that is, than the clergy. In fact, their investigations and editorials can bring down mayors, council presidents, even parties.

Local dailies may be losing money hand over fist, and weeklies, online papers, and blogs have taken away some of their power, but the dailies still have more power with respect to politicians and policies than anyone else.

Imagine this story. A mayor calls a group of local contractors and developers to a closed meeting on furthering economic growth in the city. The guests are given a welcome pack, and in the welcome pack is a plain brown, unmarked envelope. The mayor ran on a platform of stopping corruption, but the contractors and developers have seen this happen before. Politicians are all the same, they think.