City Ethics
Breaking the oxymoron: "City Ethics"

Ethics Reform via Referendum, and Some Valuable Practices from New York City

Anonymous
City Related

<b>Referendum Requires Ethics Training and Increases Penalties</b><br>
I learned at the COGEL conference last week that a referendum passed in
New York City last month requires all city officials and
employees to receive conflict of interest training. The Conflicts of
Interest Board (COIB) does provide training, but officials and
employees are not required to take it. This change is extremely
valuable.<br>
<br>

The referendum also increased penalties for violating the conflicts of
interest code, raising the maximum fine from $10,000 to $25,000, and
allowing the city to recover any benefits obtained from violations.<br>
<br>
The Campaign Finance Board has <a href="http://www.nyccfb.info/public/voter-guide/general_2010/ballotProposal.a…; target="”_blank”">a
nice
voter guide to the ballot questions</a> (the relevant matters are
in Question #2). It lists pro and con arguments. The con arguments are
as follows:<ul>

Mandatory Conflicts of Interest training and increased fines would have
minimal effect.<br>
This makes draconian fines possible – and likely.<br>
Training sessions will be ongoing, expensive, and generally
ineffective; what is learned is usually not retained.<strong> <br>
</strong>More training, bigger fines, and being required to pay back
money received for breaking the rules may not make public servants more
honest. People are either honest or they aren't.</ul>
If all the arguments against the referendum's many (too many) provisions were as weak as these, it's no wonder the referendum passed.<br>
<br>
<b>Warning Letters, and Settlements as Training</b><br>
The New York City Conflicts of Interest Board uses an interesting
instrument they call a warning letter. When a complaint is filed with
respect to minor violations, whether they occurred or not, a letter
containing unrequested advice is sent to the respondent and the case is
closed without an investigation. If the violation did occur, valuable
guidance has been given. If not, the official can ignore the letter.This seems to me like an excellent idea.<br>
<br>
The COIB also sees its settlements (which it calls "enforcement
dispositions") as a tool of training. They are searchable in <a href="http://www.nyls.edu/centers/harlan_scholar_centers/center_for_new_york_…; target="”_blank”">a city
database</a>.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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