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Is An Attempt to Improve Appearances Worse Than Serving Oneself?
Friday, March 25th, 2011
Robert Wechsler
Some local government ethics codes include a provision prohibiting officials from
acting outside of their authority, which is especially directed at
council members interfering in a city or county's management. I don't
consider this a government ethics issue, since it does not necessarily
involve favoritism, the official's personal interest, or anyone's
personal interest. It is most often just a matter of the official
trying to get things done through improper channels, which is a
political issue that should be dealt with in council rules or in
standards of conduct. But what if an official's self-interest were involved?
According to an article in the Washington Blade yesterday, a Rehoboth Beach (DE) city commissioner who acted outside of proper channels was found by the Delaware State Public Integrity Commission to have possibly violated the state conflict of interest law. What the city commissioner did was to report to city officials that about a dozen restaurants were in violation of a noise ordinance barring restaurants from using outdoor patios after certain hours. The commissioner then allegedly urged police to begin enforcing the ordinance. This is not the job of a city commissioner, but it's not a conflict matter.
What makes it a possible conflict matter is that the commissioner owns a bed-and-breakfast next to one of the restaurants. Instead of having an employee report a problem the bed-and-breakfast guests were having, which he had a right to do, the commissioner used his position to effectively lobby city officials on the issue.
What's interesting is that, by including the one restaurant that directly affected his own business in a list of restaurants around town doing the same thing, the appearance is that he was not trying to benefit himself, but was trying to help everyone in his position, both businesses and individuals. Unfortunately, I could not find the advisory opinion, so I don't know if the state EC considered this a possible attempt to make what could otherwise seem self-serving into something that would seem more generally helpful. Arguably, for the sake of appearances, it's good that the commissioner did this, even though it could be taken as a cynical attempt to hide his own self-interest. But since he had every right to report the restaurant next to his own establishment, there would seem no reason to go to such trouble.
It would be ironic if what might have been an attempt to improve appearances is what made the EC say the commissioner's conduct might be a violation of the conflict of interest law.
Robert Wechsler
Director of Research-Retired, City Ethics
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According to an article in the Washington Blade yesterday, a Rehoboth Beach (DE) city commissioner who acted outside of proper channels was found by the Delaware State Public Integrity Commission to have possibly violated the state conflict of interest law. What the city commissioner did was to report to city officials that about a dozen restaurants were in violation of a noise ordinance barring restaurants from using outdoor patios after certain hours. The commissioner then allegedly urged police to begin enforcing the ordinance. This is not the job of a city commissioner, but it's not a conflict matter.
What makes it a possible conflict matter is that the commissioner owns a bed-and-breakfast next to one of the restaurants. Instead of having an employee report a problem the bed-and-breakfast guests were having, which he had a right to do, the commissioner used his position to effectively lobby city officials on the issue.
What's interesting is that, by including the one restaurant that directly affected his own business in a list of restaurants around town doing the same thing, the appearance is that he was not trying to benefit himself, but was trying to help everyone in his position, both businesses and individuals. Unfortunately, I could not find the advisory opinion, so I don't know if the state EC considered this a possible attempt to make what could otherwise seem self-serving into something that would seem more generally helpful. Arguably, for the sake of appearances, it's good that the commissioner did this, even though it could be taken as a cynical attempt to hide his own self-interest. But since he had every right to report the restaurant next to his own establishment, there would seem no reason to go to such trouble.
It would be ironic if what might have been an attempt to improve appearances is what made the EC say the commissioner's conduct might be a violation of the conflict of interest law.
Robert Wechsler
Director of Research-Retired, City Ethics
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