Ethics Commissions & Administration

The idea of a designated driver was a great idea (thank you, Scandinavia). The idea of the designated hitter was a lousy idea (yes, I'm a National Leaguer).

It is very damaging when a government official misrepresents ethics advice he has been given. What should an ethics officer or commission do when this happens? In many cases, such advice, especially when it is provided informally, is confidential. When an official makes a public statement about such advice, the EC spokesperson can say nothing but "No comment." This allows the official to say whatever he likes.

Once again, the failure to work out in advance the relationship between an ethics commission and an inspector general's office has led to the locking of horns in the midst of an ethics proceeding. This time the location of the turf war is the District of Columbia.

One kind of revolving door that is often ignored is the move from elected or appointed board or commission membership and a paid position that is approved by and under the direction of the same board or commission. It makes it look as if the board member were using her position to get herself a nice job, and exclude others. It also puts the board members in the conflicted position of overseeing a former colleague, who might very well be seen to have made a deal with them that would give them something in return for their approval.

Two of the most important elements of a government ethics program are the appearance (and reality) of independence and a monopoly on ethics advice and enforcement. The government ethics program that has jurisdiction over the greatest number of local officials and employees in the U.S. has problems with respect to both of these elements. And its commission's selection of a new executive director, after two years without a formal director, emphasizes both of these problems.

In New Orleans, it is the ethics board that selects the city's inspector general. According to an article in the July issue of New Orleans magazine, it took the city a long time to get an inspector general. The first time an IG's contract came up for renewal, the ethics board voted for it unanimously. The board chair, civic organizations, and business groups all praised his work.

Lawyers and confidentiality can both be serious obstacles to the effectiveness of a government ethics program. An ethics case in Trumbull, CT provides a good look at how this can happen.

Attorneys on an Ethics Commission

Some people incorrectly believe that a conflict of interest requires an official not to vote in such a way as to benefit himself. That is, if the official might benefit from a vote, it's okay for him to vote against it, because that shows that the official is not seeking to benefit himself.

According to an article in the Denver Post last week,these are the words of Colorado's Secretary of State after the state ethics commission found him in violation of an ethics provision, on account of using state funds to attend the Republican national convention last year:

"As we said from the start, I've had grave concerns about this tribunal's ability to be fair and objective.

According to a column in today's New York Times and a visit to the New York City Business Integrity Commission's (BIC) website, the BIC provides three easy lessons in how not to run an oversight commission. The BIC has jurisdiction over the private waste carting industry, businesses operating in the city's public wholesale markets, and the shipboard gambling industry.