An Ethics Complaint Against a Lawyer on a Local EC
Many people think that lawyers make
the best ethics commission members. In fact, many ethics codes
require that at least some members of an ethics commission be
lawyers.<br>
<br>
However, lawyers are the individuals most likely to have
relationships and obligations that conflict with the obligations
they have as EC members. For example, they often have relationships
with elected officials, who are often lawyers themselves, as well as
with clients who seek special benefits from the local government.
And they often represent clients before their local government's
agencies and bodies.<br>
<br>
This last kind of conflict situation led to a complaint filed
against a Woodbridge, CT EC member, according to <a href="http://www.nhregister.com/government-and-politics/20131117/woodbridge-e…; target="”_blank”">an
article in Monday's New Haven <i>Register</i></a>. The complaint alleged
that a lawyer-EC member (1) represented the town's fire commission
in a legal dispute with the town's inland wetlands agency, and (2)
represented a client before the town's planning and zoning
commission.<br>
<br>
The town's ethics code prohibits town officials from representing
anyone before a town agency or body. This means that the
representation before the P&Z commission was an ethics
violation. Such representation is especially a problem for EC
members, because they have an obligation to their clients not to
make government officials angry with them, and if they are seen to
be easy on an official accused of an ethics violation, it would be
reasonable for the public to think that the EC member was acting in
the interest of future clients, and in the lawyer's self-interest,
as well.<br>
<br>
<b>Representing a Town Body Pro Bono</b><br>
Representing a town body raises a different problem. Normally, the
problem with this is one official giving preferential treatment to
another official and, apparently, excluding those without
connections from getting a no-bid contract with the town body. With
respect to a lawyer-EC member, there is also the problem of seeking
and doing business with government officials, which will mean that
he will not be seen as neutral with respect to officials he has
represented or may hope to represent in the future, or with respect
to their colleagues.<br>
<br>
But in this case, the EC member took on the job for nothing, and the
EC member feels that this makes the representation okay. However,
should an EC member be doing favors for, and thereby developing
reciprocal relationships with, officials who may come before the EC
either to seek advice or as complainants, respondents, or witnesses
in ethics proceedings? Due to an EC's quasi-judicial nature, an EC
member should not establish a relationship with anyone under the
EC's jurisdiction.<br>
<br>
This would not be a formal ethics violation, but EC members need to
understand that they should steer clear of any involvement with
those under their jurisdiction.<br>
<br>
<b>Handling the Complaint</b><br>
One reason why it is so important for EC members to tread carefully
with respect to ethics rules and relationships with officials and
those seeking benefits from the government, is that few ethics
programs are prepared to deal responsibly with ethics complaints
against EC members.<br>
<br>
In Woodbridge, the town attorney is handling the complaint. The town
attorney, who is under contract, is very active in towns and cities
throughout the area. I've even had a run-in with him in my work as
administrator of New Haven's public campaign financing program.
There is a good chance that a contract town attorney has a
relationship with a lawyer-EC member. In many cases, he has
recommended the lawyer to the appointing authority. In short, the
town attorney might be conflicted. Or as a lawyer, he may be seen to
favor his fellow lawyer.<br>
<br>
In Woodbridge, the EC makes determinations about its own members'
possible ethics violations. This is a bad position to put these people
in. And if they find no violation, it will look like they are
favoring their colleague and creating precedents that might help
them in the future. That won't gain the public's trust.<br>
<br>
It is better that the town attorney and EC turn the matter over to
another ethics program, either to the state's (which has more
expertise) or to another town's as part of a reciprocal arrangement.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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