Ethics Proceeding Confidentiality Takes a Hit in Utah, Logically Enough
Let me take a logical approach to the topic of government ethics proceeding
confidentiality before I look at what has been happening in Utah this last week.<br>
<ol><p>Government ethics is intended to protect the public from officials
acting in their own interest rather than in the public interest.</p>
<p>Acting like this is considered unethical conduct.</p>
<p>It is in the interest of officials to hide their unethical conduct from
the public.</p>
<p>It is in the public interest to know about officials' unethical conduct.</p>
<p>Therefore, it is unethical conduct for government officials to try to hide
their unethical conduct from the public.</p>
<p>Inserting into an ethics code a provision to allow unethical conduct is
doubly unethical.</p></ol>
And yet, once again, that's the approach at least some officials choose to take, this time in Utah, according to <a href="http://www.sltrib.com/opinion/ci_14435959" target="”_blank”">an editorial in the
Salt Lake City <i>Tribune</i></a> this week. Two state bills would make the Independent Legislative Ethics
Commission the only
public body exempt from the state's Open and Public Meetings Act.<br>
<br>
This is not just about the investigation and early discussion of ethics
complaints, for which executive sessions are already allowed, but
everything the EC does, from meetings to documents.<br>
<br>
The <i>Tribune</i> editors point to an essential problem with such a
rule: "the
aura of secrecy that would surround commission proceedings would
undermine the very purpose of the body -- to help bolster, or restore,
the public's faith in state government by assuring that lawmakers are
held accountable for poor conduct."<br>
<br>
But it's worse than this. This bills show that some legislators will do
anything they can to protect their personal interests, even when it
comes to ethics codes.<br>
<br>
Thank goodness for the news media. The criticisms of the bills worked.
The sponsor of the bills, Sen.
John Valentine, also a leader in pushing the concept of an independent
ethics commission, has said he has changed his mind, according
to <a href="http://www.deseretnews.com/article/700011314/Utah-Legislature-Senate-et…; target="”_blank”">an
article in yesterday's Deseret <i>News</i></a>.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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