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Obama's First-Day Executive Orders on Ethics and Transparency. Mayors Take Note.
Thursday, January 22nd, 2009
Robert Wechsler
It's an excellent way to start an administration, with two executive
orders on government ethics and transparency. It sends an important
message to governments at all levels that even in the midst of economic
crisis and war, ethics is a number one priority.
One executive order, Ethics Commitments by Executive Branch Personnel, requires an ethics pledge by all appointees. The pledge involves a lobbyist gift ban, several revolving door bans, an employment qualification commitment (hiring on the basis of qualifications), and an express assent to enforcement. This is a good form to use, because it effectively requires appointees to read the order, acknowledge that they've read it, and agree to it in writing. It leaves no room for expressions of ignorance, and it makes the order stand out from all the others that will follow, underlining its importance.
The order provides for recusal and a waiver process and, in fact, according to an article in today's New York Times, there will be one high-level waiver right up front for a deputy secretary of defense, William Lynn, who has lobbied for Raytheon. A deputy secretary of health and human services, William Corr, who has lobbied for stricter tobacco regulation, will recuse himself from dealing with any tobacco-related issues.
The Republican National Committee, which apparently does not understand waiver and recusal, immediately attacked the administration for violating its own order.
Enforcement is done within each agency, which is common in the federal government.
The second executive order deals with Presidential Records. As I discussed in an earlier blog entry, which I recommend that you read first, President Bush went against one of the most important facts of government: that privileges reside with an office, not with the individual holding the office. Why? Because when that individual no longer holds the office, but still holds the privilege, he or she is unaccountable, and his or her interest in preserving secrecy often conflicts with the public interest in knowing what happened.
Pres. Bush allowed former presidents to determine whether executive privilege would protect presidential records from their administration. Pres. Obama's order gives this right back to the current administration, more specifically, the Archivist in consultation with the Attorney General and others. A former president can ask for executive privilege to apply, but he cannot make the final determination.
Acting on ethics and transparency is a great way for a mayor to start off an administration, as well. Usually, there is just talk about ethics or the formation of a commission to look into ethics, which begins a long process that often leads to very little or nothing. Nothing speaks like setting ethical standards and making sure they apply foremost to those one appoints, as they are taking office. It's a clean and honorable start to a new administration.
Robert Wechsler
Director of Research-Retired, City Ethics
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One executive order, Ethics Commitments by Executive Branch Personnel, requires an ethics pledge by all appointees. The pledge involves a lobbyist gift ban, several revolving door bans, an employment qualification commitment (hiring on the basis of qualifications), and an express assent to enforcement. This is a good form to use, because it effectively requires appointees to read the order, acknowledge that they've read it, and agree to it in writing. It leaves no room for expressions of ignorance, and it makes the order stand out from all the others that will follow, underlining its importance.
The order provides for recusal and a waiver process and, in fact, according to an article in today's New York Times, there will be one high-level waiver right up front for a deputy secretary of defense, William Lynn, who has lobbied for Raytheon. A deputy secretary of health and human services, William Corr, who has lobbied for stricter tobacco regulation, will recuse himself from dealing with any tobacco-related issues.
The Republican National Committee, which apparently does not understand waiver and recusal, immediately attacked the administration for violating its own order.
Enforcement is done within each agency, which is common in the federal government.
The second executive order deals with Presidential Records. As I discussed in an earlier blog entry, which I recommend that you read first, President Bush went against one of the most important facts of government: that privileges reside with an office, not with the individual holding the office. Why? Because when that individual no longer holds the office, but still holds the privilege, he or she is unaccountable, and his or her interest in preserving secrecy often conflicts with the public interest in knowing what happened.
Pres. Bush allowed former presidents to determine whether executive privilege would protect presidential records from their administration. Pres. Obama's order gives this right back to the current administration, more specifically, the Archivist in consultation with the Attorney General and others. A former president can ask for executive privilege to apply, but he cannot make the final determination.
Acting on ethics and transparency is a great way for a mayor to start off an administration, as well. Usually, there is just talk about ethics or the formation of a commission to look into ethics, which begins a long process that often leads to very little or nothing. Nothing speaks like setting ethical standards and making sure they apply foremost to those one appoints, as they are taking office. It's a clean and honorable start to a new administration.
Robert Wechsler
Director of Research-Retired, City Ethics
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