Complaints/ Investigations/Hearings

Three months ago, I wrote about an ethics commission decision asking for the removal of a Louisville council member, and the start of proceedings in the council to do just that. I noted that the council member's reaction was pure denial and attack on the ethics commission.

When an ethics commission and its staff are at odds, and the commission is dealing with complaints against high-level officials, it is always best for everyone when those officials had nothing to do with the selection of the ethics commission's members or its staff. In other words, you never fully appreciate an EC's independence, in terms of its selection process, until things get ugly. Things got ugly in Georgia this week.

It's important for ethics commissions to be prepared for the occasional official who, along with his or her attorney, will do anything to stop or at least delay its investigation, including attacks on the EC itself. A good example of how relentless an official can be is John J. O'Connor, now former head of the SUNY Research Foundation, whom I wrote about in a recent blog post.

A report on the relationship between New York's state university system (SUNY) and the SUNY Research Foundation (RF) was published yesterday.

This blog post was partially rewritten on March 24, 2011 after communication with the EC's executive director.

Yesterday's Washington Post has a long article on a topic one would expect to find in a law review: the effect of the Constitution's Speech or Debate Clause on the prosecution of members of Congress.

The article starts out with a strong statement: "A constitutional clash over whether House members are immune from many forms of Justice Department scrutiny has helped derail or slow several recent corruption investigations of lawmakers."

Problematic Development
According to Harry Themal's column in yesterday's News Journal, the newly elected county executive of New Castle County (DE) wants to review government processes "top-to-bottom." There is just one catch. According to Themal, land use procedures are most in need of reform, but the new county executive's wife is a big land-use attorney representing local developers.

The spread of corruption from local to state to national is often ignored. And when corruption is discovered, there is much litigation. In fact, it's often hard to see corruption clearly here in the U.S. That's why the occasional look at corruption abroad is useful, like looking in an only slightly distorted mirror.

This is true of an Indian matter written about in yesterday's New York Times. Here is a list of sentences that describe what apparently happened:

There are three basic approaches to enforcing ethics laws:  through ethics commissions, through the criminal process, and through the ballot box. I strongly oppose using the criminal process for ethics violations (see an earlier blog post), and feel that the ballot box is far too crude a way to enforce ethics laws, especially considering that voters do not have the facts or know the laws.

A situation in Santa Clara County (CA) shows that the criminal process can actually be even less effective than the ballot box.

Although the ethics proceedings involving Rep. Charles Rangel (NY) are at the federal level, there is a lot to be learned from them that is relevant at the local level.