A County Ethics Program Run by a Non-Independent Ombudsman
Although in 2008, Orange County, Florida's Ethics and Campaign
Finance Reform Task Force recommended (report attached; see below)
that the county have an ethics board selected by a variety of
community organizations, following the model of Miami/Dade County,
and Section 2-457 of the <a href="http://library.municode.com/index.aspx?clientId=10182" target="”_blank”">county
ordinances</a> did provide for (with liberal use of the magic word
"may") an ethics advisory board to be selected by the chief judge of
the local circuit, Orange County does not appear to have an ethics
board.<br>
<br>
What it does have is <a href="http://www.ocfl.net/OpenGovernment/OfficeoftheOmbudsman/AbouttheOmbudsm…; target="”_blank”">an
ombudsman</a>. That is, the county took an inspector general
approach to government ethics (and fraud and waste). Not only is
that not what was contemplated by the task force, but the individual
chosen to be the first ombudsman does not appear to be independent,
nor have the credentials or background of an inspector general.<br>
<br>
The ordinance creates the position of <span id="PTIIORCOCO_CH2AD_ARTXIIIETSTCOOFEM_S2-452DE" target="”_blank”">County
Investigative Officer<i> </i>in a definition, hands the job to
the county ombudsman ("or an authorized agent"; of whom?). The
investigator "is to be retained by independent contract with the
County" and the position's duty "is to administer and process the
provisions of this article."<br>
<br>
According to the ombudsman's webpage, "In February
2011, Chase joined Orange County Mayor Teresa Jacobs’ team and
served as her Aide for Constituent Relations and Outreach. After
arriving at Mayor Jacobs' office, Chase rapidly gained an
understanding of the proper avenues through which to address and
resolve constituent's problems. In August 2011, Mayor Jacobs named
him to be Orange County's first Ombudsman."<br>
<br>
In other words, the first ombudsman was not "retained by independent
contract with the County," but was an important political aide of
the mayor, whom the mayor hired.<br>
<br>
The webpage leaves no question whether the public trust or the
mayor's trust is the ombudsman's goal. The quoted sentences above
are given the title "Earning the Mayor's Trust."<br>
<br>
Ombuds and inspectors general are supposed to be independent. Here is a
paragraph from the <a href="http://data.memberclicks.com/site/aig/IGStandards.pdf" target="”_blank”">Association
of Inspectors General Principles and Standards</a> for IG
offices (OIGs):<ul>
The inspector general is responsible for establishing and
maintaining independence so that OIG opinions, conclusions,
judgments, and
recommendations will be impartial and viewed by others as
impartial. The inspector general and OIG staff should consider
not only whether they are independent and whether their own
attitudes and beliefs permit them to be independent, but also
whether there is anything about their situation which might lead
others to question their independence. All situations deserve
consideration since it is important that the OIG be as independent
as possible and impartial in fact and in appearance.</ul>
How can a former mayoral aide be seen as independent, not to mention
impartial? What happens when a complaint is filed against, or the
ombudsman learns information regarding, the mayor, a colleague of
the mayor, an appointee of the mayor, or an opponent of the mayor?<br>
<br>
And what county employee or vendor is going to
confide in or seek advice from someone seen as close to the mayor? Independence of those providing ethics advice and
investigating and enforcing ethics laws is crucial to having an ethics environment where people feel comfortable seeking advice, making tips, and filing formal complaints.<br>
<br>
In addition, according to <a href="http://articles.orlandosentinel.com/2012-04-24/news/os-chase-smith-ombu…; target="”_blank”">an
article in yesterday's Orlando <i>Sentinel</i></a>, the ombudsman
recently took a leave of absence to run for council in the largest
city in the county, Orlando. He is back, because he lost. But how
could he be expected not to have entered into special relationships
with county officials and contractors, with the usual sort of obligations? How can
he be expected to be seen as unbiased when any of these officials,
or their opponents, or even his own opponents or their supporters, come before him in a
matter?<br>
<br>
It is not a good idea to have an active politician on an ethics
commission. It is an even worse idea to have an active politician
acting as ombudsman or inspector general.<br>
<br>
It gets worse. According to the article, a county commissioner said
that the ombudsman's political campaign "despoils the title of the
position. It needs to be someone who is way, way above any
suspicion."<br>
<br>
But the ombudsman and the mayor "say his recent short stint as a
candidate will not affect his job to field and re-direct
complaints about county employees, contractors or vendors to the
proper investigative authorities."<br>
<br>
The ombudsman is quoted as saying in an e-mail to the reporter,
"I am a professional and would never treat anyone differently in
my professional role or otherwise in Mayor Jacobs' office simply
because they may have treated me one way or another while I was on
my personal time and on leave."<br>
<br>
This shows a serious lack of understanding of government ethics'
emphasis on relationships, obligations, and appearances, rather
than the integrity of the individual official. Someone who writes
something like this should not be involved in government ethics.<br>
<br>
Finally, the mayor said, "If I have the remotest inkling that he
is in any way being partial to anybody, either because of his
campaign, because of my campaign or any other reason, he will be
out of this office tomorrow." She too clearly does not understand
(1) that one does not wait until an ombudsman has been partial
(assuming one would even know about it) and (2) that the mayor is
the last person on earth who should be making this determination,
since the principal partiality one would expect of the ombudsman would be toward
her and those with whom she has special relationships.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
203-859-1959