Ethics Commissions/Administration
Quote of the Day: Everybody Does Not Do It
"I must say regretfully that ... what I have heard is a statement I can
only describe as arrogant, unrepentant, and a smear on this
institution. Everybody does not do it. Members of this body
attempt, by word and deed, publicly and privately, to take great care
with their personal conduct as it might be perceived by the American
people. That is equally true for Democrats and Republicans,
liberals and conservatives. I have found that to be the only
unifying thread in this body. For the senator from California to
RI Supreme Court Prefers Speech in Debate Clause to Constitutional Authority of Ethics Commission Over Legislators
The Rhode Island Supreme Court has reached <a href="http://www.projo.com/news/2009/pdf/0629_riscruling_irons.pdf" target="”_blank”">a
decision</a> on the legislative immunity case (Irons v. RI Ethics
Commission) involving the state ethics commission and the state
legislature. As expected, its majority opinion (it was a 3-1 split)
concluded that the state's Speech in Debate Clause 100% overrides the
The Selection of Ethics Commission Members by Community Organizations
Nothing is more important to an ethics program than ensuring that an
ethics commission is seen as independent, and not a pawn of
politicians. People will not trust the advisory opinions and enforcement decisions of an
ethics commission consisting of people with even presumed ties to politicians. Since trust is the principal goal of an ethics program,
this is unacceptable.<br>
<br>
In Dependence: Ethics Directors, Their Commissions and Politicians
One of the big stories in government ethics this week involves an attempt in
Tennessee to consolidate the state ethics and campaign finance
commissions, which on its face sounds like a good way to save money
during these tough times. But when politicians deal with ethics laws
and bodies, things are rarely that simple, especially when the state's ethics director is fired in the midst of the debate.<br>
<br>
An Undisciplined Nevada Supreme Court Legislative Immunity Decision
To those who read <a href="http://www.cityethics.org/node/713" target="”_blank”">my
recent blog entry</a>, it will come as no surprise that, yesterday, the
Nevada Supreme Court unanimously affirmed the District Court's ruling
in the Nevada legislative immunity case (the Order of Affirmation, in
searchable form, is attached to this blog entry below).<br>
<br>
The Importance of Publicizing Ethics Programs
If the governmental ethics community had a publicity program, the
headline of <a href="http://www.kansascity.com/105/story/1181034.html" target="”_blank”">a
front-page article</a> in Tuesday's Kansas City <span>Star </span>would be a call to arms:<br>
<br>
<h1><small>Legislators agree: Ethics laws
are puppies, not pit bulls</small></h1>
<br>
Legislative Immunity: The Courts Are Wrong to Not Distinguish Ethics Enforcement from Prosecution and Civil Suits
One thing that keeps striking me about the recent decisions in the
legislative immunity cases relating to government ethics is how
little they attempt to distinguish cases outside the ethics field from
these cases in the ethics field.<br>
<br>
Is government ethics no different from criminal prosecution, no
different from civil suits?<br>
<br>
Against the Whole Thing
It's refreshing when an elected official attacks government ethics
head-on. This is what Tennessee state representative Willie "Butch"
Borchert did in an impromptu speech yesterday, according to <a href="http://www.wreg.com/sns-ap-tn-xgr--ethicscommission-borchert,0,4377566…; target="”_blank”">an
Associated Press report</a>.<br>
<br>
He wants to do away with the state ethics commission altogether,
Rationalization and Initiative in the Ethics Sphere
When it really comes down to it (and it usually does), what is the
greatest enemy of trust in government, or anywhere else for that
matter? Greed, power, ego, loyalty? I'd put my money on (or against)
rationalization, the ability of people to justify what they do and fail
to do.<br>